Bill Text: IL HB2032 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Mental Health and Developmental Disabilities Confidentiality Act. Makes a technical change in a Section concerning the confidentiality of certain records and communications.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB2032 Detail]

Download: Illinois-2009-HB2032-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB2032 Introduced 2/18/2009, by Rep. Michael J. Madigan - Barbara Flynn Currie - John A. Fritchey 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 the confidentiality of certain records and communications.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Section 3 as follows:
(740 ILCS 110/3) (from Ch. 91 1/2, par. 803)
Sec. 3. (a) All records and communications shall be
confidential and shall not be disclosed except as provided in
this Act.
(b) A therapist is not required to but may, to the the
extent he determines it necessary and appropriate, keep
personal notes regarding a recipient. Such personal notes are
the work product and personal property of the therapist and
shall not be subject to discovery in any judicial,
administrative or legislative proceeding or any proceeding
preliminary thereto.
(c) Psychological test material whose disclosure would
compromise the objectivity or fairness of the testing process
may not be disclosed to anyone including the subject of the
test and is not subject to disclosure in any administrative,
judicial or legislative proceeding. However, any recipient who
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
any psychologist designated by the recipient. Requests for such
disclosure shall be in writing and shall comply with the
requirements of subsection (b) of Section 5 of this Act.
(Source: P.A. 86-1417.)