ILCS » Chapter 740 · Act 110
Illinois Compiled Statutes

740 ILCS 110/2 (2026)

The terms used in this Act, unless the context requires otherwise, have the meanings ascribed to them in this Section

✓ current as of May 2026
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(740 ILCS 110/2) (from Ch. 91 1/2, par. 802)
    Sec. 2. The terms used in this Act, unless the context requires otherwise, have the meanings ascribed to them in this Section.
    "Agent" means a person who has been legally appointed as an individual's agent under a power of attorney for health care or for property.
    "Business associate" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 160.103.
    "Confidential communication" or "communication" means any communication made by a recipient or other person to a therapist or to or in the presence of other persons during or in connection with providing mental health or developmental disability services to a recipient. Communication includes information which indicates that a person is a recipient. "Communication" does not include information that has been de-identified in accordance with HIPAA, as specified in 45 CFR 164.514.
    "Covered entity" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 160.103.
    "Guardian" means a legally appointed guardian or conservator of the person.
    "Health information exchange" or "HIE" means a health information exchange or health information organization that oversees and governs the electronic exchange of health information.
    "HIE purposes" means those uses and disclosures (as those terms are defined under HIPAA, as specified in 45 CFR 160.103) for activities of an HIE which are permitted under federal law.
    "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any subsequent amendments thereto and any regulations promulgated thereunder, including the Security Rule, as specified in 45 CFR 164.302-18, and the Privacy Rule, as specified in 45 CFR 164.500-34.
    "Integrated health system" means an organization with a system of care which incorporates physical and behavioral healthcare and includes care delivered in an inpatient and outpatient setting.
    "Interdisciplinary team" means a group of persons representing different clinical disciplines, such as medicine, nursing, social work, and psychology, providing and coordinating the care and treatment for a recipient of mental health or developmental disability services. The group may be composed of individuals employed by one provider or multiple providers.
    "Mental health or developmental disabilities services" or "services" includes but is not limited to examination, diagnosis, evaluation, treatment, training, pharmaceuticals, aftercare, habilitation or rehabilitation.
    "Personal notes" means:
        (i) information disclosed to the therapist in
    
confidence by other persons on condition that such information would never be disclosed to the recipient or other persons;
        (ii) information disclosed to the therapist by the
    
recipient which would be injurious to the recipient's relationships to other persons, and
        (iii) the therapist's speculations, impressions,
    
hunches, and reminders.
    "Parent" means a parent or, in the absence of a parent or guardian, a person in loco parentis.
    "Recipient" means a person who is receiving or has received mental health or developmental disabilities services.
    "Record" means any record kept by a therapist or by an agency in the course of providing mental health or developmental disabilities service to a recipient concerning the recipient and the services provided. "Records" includes all records maintained by a court that have been created in connection with, in preparation for, or as a result of the filing of any petition or certificate under Chapter II, Chapter III, or Chapter IV of the Mental Health and Developmental Disabilities Code and includes the petitions, certificates, dispositional reports, treatment plans, and reports of diagnostic evaluations and of hearings under Article VIII of Chapter III or under Article V of Chapter IV of that Code. Record does not include the therapist's personal notes, if such notes are kept in the therapist's sole possession for his own personal use and are not disclosed to any other person, except the therapist's supervisor, consulting therapist or attorney. If at any time such notes are disclosed, they shall be considered part of the recipient's record for purposes of this Act. "Record" does not include information that has been de-identified in accordance with HIPAA, as specified in 45 CFR 164.514. "Record" does not include a reference to the receipt of mental health or developmental disabilities services noted during a patient history and physical or other summary of care.
    "Record custodian" means a person responsible for maintaining a recipient's record.
    "Research" has the meaning ascribed to it under HIPAA as specified in 45 CFR 164.501.
    "Therapist" means a psychiatrist, physician, psychologist, social worker, or nurse providing mental health or developmental disabilities services or any other person not prohibited by law from providing such services or from holding himself out as a therapist if the recipient reasonably believes that such person is permitted to do so. Therapist includes any successor of the therapist.
    "Therapeutic relationship" means the receipt by a recipient of mental health or developmental disabilities services from a therapist. "Therapeutic relationship" does not include independent evaluations for a purpose other than the provision of mental health or developmental disabilities services.
(Source: P.A. 103-508, eff. 8-4-23; 103-969, eff. 1-1-25.)

    
Notes of Decisions
Cited in 72 cases (6 in the last 5 years), 1993–2026 · leading case: Johnston v. Weil, 946 N.E.2d 329 (Ill. 2011).
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Johnston v. Weil, 946 N.E.2d 329 (Ill. 2011). · cites it 10× “" 740 ILCS 110/2 (West 2006). Further, the term "recipient" means "a person who is receiving or has received mental health or developmental disabilities services"; the term "therapist" means "a psychiatrist, physician, psychologist, social worker, or nurse providing mental…”
Suarez v. Pierard, 663 N.E.2d 1039 (Ill. App. Ct. 1996). · cites it 16× “" 740 ILCS 110/2(1) (West 1992). Section nine of the Act defines a therapist as: "[A] psychiatrist, psychologist, social worker, or nurse providing mental health or developmental disabilities services or any other person not prohibited by law from providing such services or from…”
Giangiulio v. Ingalls Mem'l Hosp., 850 N.E.2d 249 (Ill. App. Ct. 2006). · cites it 5× “2d 60, 71 (2001), quoting 740 ILCS 110/2, 3(a) (West 2000). The remainder of the Confidentiality Act identifies who may inspect and copy a recipient’s mental health record, and when and how it is to be accomplished.”
Norskog v. Pfiel, 755 N.E.2d 1 (Ill. 2001). · cites it 2× “" 740 ILCS 110/2, 3(a) (West 2000). Subsequent sections of the Act identify the persons entitled to inspect and copy a recipient's mental health record and delineate when and how disclosure to other persons or agencies may be accomplished.”
Wisniewski v. Kownacki, 851 N.E.2d 1243 (Ill. 2006). · cites it 2× “” 740 ILCS 110/2 (West 2002). “Therapist” means a psychiatrist, physician, psychologist, social worker, or nurse or other person not prohibited by law from providing such services if the recipient reasonably believes that the person is permitted to do so.”
Albers v. Breen, 806 N.E.2d 667 (Ill. App. Ct. 2004). · cites it 2× “740 ILCS 110/2 (West 2002). When a recipient or other person communicates something to a therapist, that communication must thereafter be kept confidential, except where the Confidentiality Act specifically allows disclosure.”
Hunter v. Amin, 583 F.3d 486 (7th Cir. 2009). · cites it 2× “See 740 ILCS 110/2 (defining "communication" as including "any communication made by a recipient or other person to a therapist or to or in the presence of other persons during or in connection with providing mental health or developmental disability services to a recipient").…”
Thompson v. N.J., 2016 IL App (1st) 142918 (Ill. App. Ct. 2016). · cites it 2× “" 740 ILCS 110/2 (West 2014); see Stuckey, 2015 IL App (1st) 143111 , ¶ 20.”
Quigg v. Walgreen Co., 905 N.E.2d 293 (Ill. App. Ct. 2009). · cites it 3× “” 740 ILCS 110/2 (West 2006). “Mental health or developmental disabilities services,” or “services,” include but are not limited to examination, diagnosis, evaluation, treatment, training, pharmaceuticals, aftercare, habilitation, and rehabilitation.”
Reda v. Advocate Health Care, 765 N.E.2d 1002 (Ill. 2002). “" 740 ILCS 110/2 (West 2000). Section 10(a) of the Act provides: "Except as provided herein, in any civil, criminal, administrative, or legislative proceeding * * * a recipient, and a therapist on behalf and in the interest of a recipient, has the privilege to refuse to disclose…”
People v. Summers, 818 N.E.2d 907 (Ill. App. Ct. 2004). · cites it 2× “The evaluation of defendant and his treatment certainly fall within the auspices of the Act (see 740 ILCS 110/2 (West 2002)). However, defendant's 1995 evaluation and treatment were pursuant to a court order.”
In Re Marriage of Peters-Farrell, 835 N.E.2d 797 (Ill. 2005). “See 740 ILCS 110/2, 3(a) (West 2000). The record before us relevant to the certified question consists of the subpoenas served by Thomas, Jennifer’s motion to quash the subpoenas, and the trial court order denying the motion to quash.”
Show all 72 citing cases →
— 740 ILCS 110/2(1) — 1 case
Suarez v. Pierard, 663 N.E.2d 1039 (Ill. App. Ct. 1996). “" 740 ILCS 110/2(1) (West 1992). Section nine of the Act defines a therapist as: "[A] psychiatrist, psychologist, social worker, or nurse providing mental health or developmental disabilities services or any other person not prohibited by law from providing such services or from…”
— 740 ILCS 110/2(3) — 1 case
Suarez v. Pierard, 663 N.E.2d 1039 (Ill. App. Ct. 1996). “" 740 ILCS 110/2(1) (West 1992). Section nine of the Act defines a therapist as: "[A] psychiatrist, psychologist, social worker, or nurse providing mental health or developmental disabilities services or any other person not prohibited by law from providing such services or from…”
— 740 ILCS 110/2(5) — 1 case
In Re Marriage of Kerman, 624 N.E.2d 870 (Ill. App. Ct. 1993).
— 740 ILCS 110/2(9) — 2 cases
Suarez v. Pierard, 663 N.E.2d 1039 (Ill. App. Ct. 1996). “" 740 ILCS 110/2(1) (West 1992). Section nine of the Act defines a therapist as: "[A] psychiatrist, psychologist, social worker, or nurse providing mental health or developmental disabilities services or any other person not prohibited by law from providing such services or from…”
In Re Marriage of Kerman, 624 N.E.2d 870 (Ill. App. Ct. 1993).
— 740 ILCS 110/2(a) — 4 cases
Norskog v. Pfiel, 733 N.E.2d 386 (Ill. App. Ct. 2000).
Reda v. Advocate Health Care, 738 N.E.2d 153 (Ill. App. Ct. 2000).
Reda v. Advocate Health Care (Ill. App. Ct. 2000).
Norskog v. Pfiel (Ill. App. Ct. 2000).
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