|
|
|
|
93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5290
Introduced 02/06/04, by Michael J. Madigan SYNOPSIS AS INTRODUCED:
|
|
740 ILCS 110/3 |
from Ch. 91 1/2, par. 803 |
|
Amends the Mental Health and Developmental Disabilities Confidentiality Act.
Makes a technical change in a Section concerning the confidentiality of certain
records and communications.
|
| |
|
|
|
|
A BILL FOR
|
|
|
|
|
HB5290 |
|
LRB093 17096 LCB 42762 b |
|
|
| 1 |
| AN ACT in relation to civil liabilities.
|
| 2 |
| Be it enacted by the People of the State of Illinois, |
| 3 |
| represented in the General Assembly:
|
| 4 |
| Section 5. The Mental Health and Developmental |
| 5 |
| Disabilities Confidentiality
Act is amended by changing |
| 6 |
| Section 3 as follows:
|
| 7 |
| (740 ILCS 110/3) (from Ch. 91 1/2, par. 803)
|
| 8 |
| Sec. 3. Confidentiality.
|
| 9 |
| (a) All records and communications shall be confidential |
| 10 |
| and shall
not be disclosed except as provided in this Act.
|
| 11 |
| (b) A therapist is not required to but may, to the extent |
| 12 |
| he determines
it necessary and appropriate, keep personal notes |
| 13 |
| regarding a recipient.
Such personal notes are the work product |
| 14 |
| and personal property of the therapist
and shall not be subject |
| 15 |
| to discovery in any judicial, administrative or
legislative |
| 16 |
| proceeding or any proceeding preliminary thereto.
|
| 17 |
| (c) Psychological test material whose disclosure would |
| 18 |
| compromise the
objectivity or fairness of the testing process |
| 19 |
| may not be disclosed to
anyone including the subject of the |
| 20 |
| test and is not subject to disclosure
in any administrative, |
| 21 |
| judicial or legislative proceeding. However, any
recipient who |
| 22 |
| has been the subject of the psychological test shall have the
|
| 23 |
| right to have all records relating to that test disclosed to |
| 24 |
| any
psychologist designated by the recipient. Requests for such |
| 25 |
| disclosure
shall be in writing and shall comply with the |
| 26 |
| requirements of subsection
(b) of Section 5 of this Act.
|
| 27 |
| (Source: P.A. 86-1417.)
|