102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1046

 

Introduced 2/17/2021, by Rep. Emanuel Chris Welch

 

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.


LRB102 03059 LNS 13072 b

 

 

A BILL FOR

 

HB1046LRB102 03059 LNS 13072 b

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 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
15of a therapeutic relationship.
16    (b) A therapist is not required to but may, to the extent
17he determines it necessary and appropriate, keep personal
18notes regarding a recipient. Such personal notes are the work
19product and personal property of the therapist and shall not
20be subject to discovery in any judicial, administrative or
21legislative proceeding 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
7such disclosure shall be in writing and shall comply with the
8requirements of subsection (b) of Section 5 of this Act.
9(Source: P.A. 99-28, eff. 1-1-16.)