94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3024


 
Introduced 2/22/2005, by Rep. 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.
















LRB094 06562 LCB 36652 b

















 


 


A BILL FOR









 











HB3024

LRB094 06562 LCB 36652 b






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    AN ACT concerning civil law.

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 


 
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    Section 5. The Mental Health and Developmental 
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Disabilities Confidentiality Act is amended by changing 
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Section 3 as follows:
 



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    (740 ILCS 110/3)  (from Ch. 91 1/2, par. 803)



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    Sec. 3. (a) All records and
and communications shall be 
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confidential and shall
not be disclosed except as provided in 
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this Act.
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    (b) A therapist is not required to but may, to the extent 
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he determines
it necessary and appropriate, keep personal notes 
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regarding a recipient.
Such personal notes are the work product 
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and personal property of the therapist
and shall not be subject 
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to discovery in any judicial, administrative or
legislative 
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proceeding or any proceeding preliminary thereto.

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

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

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