99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0818
 
Introduced 2/5/2015, by Sen. Chris Nybo
 
SYNOPSIS AS INTRODUCED:
 

 



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

     Amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides that unless otherwise expressly provided for in the Act, records and communications made or created in the course of providing mental health or developmental disabilities services shall be protected from disclosure regardless of  whether the records and communications are made or created in the course of a therapeutic relationship.
  


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A BILL FOR
 

  
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1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Mental Health and Developmental 
5Disabilities Confidentiality Act is amended  by changing 
6Section 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 
9confidential and shall
not be disclosed except as provided in 
10this Act. Unless otherwise expressly provided for in this Act, 
11records and communications made or created in the course of 
12providing mental health or developmental disabilities services 
13shall be protected from disclosure regardless of whether the 
14records and communications are made or created in the course of 
15a therapeutic relationship. 

16    (b) A therapist is not required to but may, to the extent 
17he determines
it necessary and appropriate, keep personal notes 
18regarding a recipient.
Such personal notes are the work product 
19and personal property of the therapist
and shall not be subject 
20to discovery in any judicial, administrative or
legislative 
21proceeding or any proceeding preliminary thereto.

22    (c) Psychological test material whose disclosure would 
23compromise the
objectivity or fairness of the testing process 
 
 
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1may not be disclosed to
anyone including the subject of the 
2test and is not subject to disclosure
in any administrative, 
3judicial or legislative proceeding.  However, any
recipient who 
4has been the subject of the psychological test shall have the

5right to have all records relating to that test disclosed to 
6any
psychologist designated by the recipient.  Requests for such 
7disclosure
shall be in writing and shall comply with the 
8requirements of subsection
(b) of Section 5 of this Act.

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