ILCS » Chapter 740 · Act 110

740 ILCS 110/3

(a) All records and communications shall be confidential and shall not be disclosed except as provided in this Act

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(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. Unless otherwise expressly provided for in this 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.
    As used in this subsection, "confidential" has the same meaning as in paragraph (3) of subsection (b) of Section 5 of the Court Record and Document Accessibility Act.
    (b) A therapist is not required to but may, to 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 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. 103-166, eff. 1-1-24.)

    
Notes of Decisions
Cited in 67 cases (8 in the last 5 years), 1996–2026 · leading case: Giangiulio v. Ingalls Memorial Hospital
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Giangiulio v. Ingalls Memorial Hospital (2006) illappct · cites it 5× “The trial court certified the following question for our review: “[W]hether the Defendant Hospital is prohibited from responding to the Plaintiffs discovery requests pursuant to the Physician-Patient Privilege (735 ILCS 5/8 — 802), the Mental Health and Developmental…”
Hunter v. Amin (2009) ca7 · cites it 4× “740 ILCS 110/3 ("All records and communications shall be confidential and shall not be disclosed except as provided in this Act.”
People v. Summers (2004) illappct · cites it 4× “Defendant contends that any information he provided in 1995 was privileged and is confidential under the physician-patient privilege found in section 8-802 of the Code of Civil Procedure (735 ILCS 5/8-802 (West 2002)) and under section 3(a) of the Mental Health and Developmental…”
Doe v. McKay (1998) ill · cites it 2× “735 ILCS 5/8-802 (West 1994) (privileged communications involving patients and healthcare practitioners, including psychologists); 740 ILCS 110/3(a) (West 1994) (under Mental Health and Developmental Disabilities Confidentiality Act, "[a]ll records and communications shall be…”
Application of the County Collector v. Lowe (2007) ill · cites it 2× “Hospitalization at a mental health center would not first come to mind when learning that a `person is hospitalized.'" No. 1-02-1101 (unpublished order under Supreme Court Rule 23).”
Johnston v. Weil (2011) ill · cites it 2× “The Confidentiality Act establishes, except as provided therein, that "[a]ll records and communications shall be confidential and shall not be disclosed" (740 ILCS 110/3(a) (West 2006)), and that in any legal proceeding or preliminary proceeding, "a recipient, and a therapist on…”
Reda v. Advocate Health Care (2002) ill “The records made confidential under the Act refer to "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"; the communications made…”
Officer James T. McGreal v. Eric Ostrov, Doctor, Village of Alsip, Kenneth Wood, Chief of the Alsip Police Department (2004) ca7 “740 ILCS 110/3(a). The records covered by the Confidentiality Act include “any record kept by a therapist or by an agency in the course of providing mental health .”
Wisniewski v. Kownacki (2006) ill ““All records and communications” are confidential and shall not be disclosed except as provided in the Confidentiality Act (740 ILCS 110/3(a) (West 2002)). “Recipient” is defined as “a person who is receiving or has received mental health or developmental disabilities services.”
Sassali v. Rockford Memorial Hospital (1998) illappct · cites it 2× “" 740 ILCS 110/3(a) (West 1994). The exceptions to the Confidentiality Act are very narrow.”
People v. Workman (2006) illappct · cites it 2× “Hall asserted his fifth amendment right not to answer, and Workman concluded her cross-examination. We find no error in the trial court's restriction of the psychological report since it was privileged and confidential under the Mental Health and Developmental Disabilities…”
Suarez v. Pierard (1996) illappct · cites it 2× “740 ILCS 110/3 (West 1992). Confidential communications are defined as those "made by a recipient or other person to a therapist * * * includ[ing] information which indicates that a person is a recipient.”
Show all 67 citing cases →
— 740 ILCS 110/3(a) — 56 cases
People v. Summers (2004) illappct “Defendant contends that any information he provided in 1995 was privileged and is confidential under the physician-patient privilege found in section 8-802 of the Code of Civil Procedure (735 ILCS 5/8-802 (West 2002)) and under section 3(a) of the Mental Health and Developmental…”
Doe v. McKay (1998) ill “735 ILCS 5/8-802 (West 1994) (privileged communications involving patients and healthcare practitioners, including psychologists); 740 ILCS 110/3(a) (West 1994) (under Mental Health and Developmental Disabilities Confidentiality Act, "[a]ll records and communications shall be…”
Hunter v. Amin (2009) ca7 “740 ILCS 110/3 ("All records and communications shall be confidential and shall not be disclosed except as provided in this Act.”
Application of the County Collector v. Lowe (2007) ill “Hospitalization at a mental health center would not first come to mind when learning that a `person is hospitalized.'" No. 1-02-1101 (unpublished order under Supreme Court Rule 23).”
Johnston v. Weil (2011) ill “The Confidentiality Act establishes, except as provided therein, that "[a]ll records and communications shall be confidential and shall not be disclosed" (740 ILCS 110/3(a) (West 2006)), and that in any legal proceeding or preliminary proceeding, "a recipient, and a therapist on…”
— 740 ILCS 110/3(b) — 6 cases
Vann v. Lone Star Steakhouse & Saloon of Springfield, Inc. (1997) ilcd
In Re Estate of Bagus (1998) illappct
Lavery v. Department of Financial & Professional Regulation (2023) illappct
Lavery v. Department of Financial and Professional Regulation (2025) ill
People v. Flores (2019) illappct
— 740 ILCS 110/3(c) — 1 case
Douglas v. Parkview Adventist Medical Center (2017) mesuperct
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