Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as
Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(740 ILCS 110/5) (from Ch. 91 1/2, par. 805)
Sec. 5.
Disclosure; consent.
(a) Except as provided in Sections 6 through 12.2 of this Act,
records and communications may be disclosed to someone other than those
persons listed in Section 4 of this Act only with the written consent of
those persons who are entitled to inspect and copy a recipient's record
pursuant to Section 4 of this Act.
(b) Every consent form shall be in writing and shall specify the following:
(1) the person or agency to whom disclosure is to be |
|
(2) the purpose for which disclosure is to be made;
(3) the nature of the information to be disclosed;
(4) the right to inspect and copy the information to
|
|
(5) the consequences of a refusal to consent, if any; and
(6) the calendar date on which the consent expires,
|
| provided that if no calendar date is stated, information may be released only on the day the consent form is received by the therapist; and
|
|
(7) the right to revoke the consent at any time.
The consent form shall be signed by the person entitled to give consent
and the signature shall be witnessed by a person who can attest to the identity
of the person so entitled. A copy of the consent and a notation as to any
action taken thereon shall be entered in the recipient's record.
Any revocation of consent shall be in writing, signed by the person who
gave the consent and the signature shall be witnessed by a person who can
attest to the identity of the person so entitled. No written revocation of
consent shall be effective to prevent disclosure of records and
communications until it is received by the person otherwise authorized to
disclose records and communications.
(c) Only information relevant to the purpose for which disclosure is sought
may be disclosed. Blanket consent to the disclosure of unspecified information
shall not be valid. Advance consent may be valid only if the nature of
the information to be disclosed is specified in detail and the duration
of the consent is indicated. Consent may be revoked in writing at any time;
any such revocation shall have no effect on disclosures made prior thereto.
(d) No person or agency to whom any information is disclosed under this
Section may redisclose such information unless the person who consented
to the disclosure specifically consents to such redisclosure.
(e) Except as otherwise provided in this Act, records and communications
shall remain confidential after the death of a recipient and shall not be
disclosed unless the recipient's representative, as defined in the Probate
Act of 1975 and the
therapist consent to such disclosure or unless disclosure is authorized
by court order after in camera examination and upon good cause shown.
(f) Paragraphs (a) through (e) of this Section shall not apply to and
shall not be construed to limit insurance companies writing Life, Accident
or Health insurance as defined in Section 4 of the Illinois Insurance Code in
obtaining general consents for the release to them or their designated
representatives of any and all confidential communications and records kept
by agencies, hospitals, therapists or record custodians, and utilizing such
information in connection with the underwriting of applications for
coverage for such policies or contracts, or in connection with evaluating
claims or liability under such policies or contracts, or coordinating
benefits pursuant to policy or contract provisions.
(Source: P.A. 90-655, eff. 7-30-98)
|
