93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6165


 
Introduced 2/6/2004, by Tom Cross
 
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 records and communications.
















LRB093 19493 LCB 45233 b

















 


 


A BILL FOR









 











HB6165

LRB093 19493 LCB 45233 b






1
    AN ACT in relation to health. 

 
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. (a) All records and communications shall be 
9
confidential and shall
not be disclosed except as provided in 
10
this Act.


11
    (b) A therapist is not required to but may, to the extent 
12
he or she
determines
it necessary and appropriate, keep 
13
personal notes regarding a recipient.
Such personal notes are 
14
the work product and personal property of the therapist
and 
15
shall not be subject to discovery in any judicial, 
16
administrative or
legislative proceeding or any proceeding 
17
preliminary thereto.


18
    (c) Psychological test material whose disclosure would 
19
compromise the
objectivity or fairness of the testing process 
20
may not be disclosed to
anyone including the subject of the 
21
test and is not subject to disclosure
in any administrative, 
22
judicial or legislative proceeding.  However, any
recipient who 
23
has been the subject of the psychological test shall have the

24
right to have all records relating to that test disclosed to 
25
any
psychologist designated by the recipient.  Requests for such 
26
disclosure
shall be in writing and shall comply with the 
27
requirements of subsection
(b) of Section 5 of this Act.


28
(Source: P.A. 86-1417.)