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Philip Pan, M.D.
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Confidentiality and Privilege
Dr. Thomas Gutheil is often quoted as saying that COnfidentiality is the Clinician's Obligation to keep a patient's information private, while PRivilege is the Patient's Right to keep information about themselves private.
Before drilling down into the Confidentiality Act, for most questions, first try:
Confidentiality for mental and developmental disabilities
and
Confidentiality of people diagnosed mental illness
by Illinois Legal Aid Online
MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
CONFIDENTIALITY ACT
(740 ILCS 110/)
Therapist's personal notes: definition and disclosure of (In re. Estate of Sue Bagus)
Persons entitled to inspect and copy a patient's record
Amendment of the clinical record by a patient, 740 ILCS 110/4(c)
Requirements of a valid authorization to release mental health documentation
Disclosure of information in regards to application for or receiving benefits
Use of a patient's record for the purpose of reviewing a therapist or agency
Interagency disclosure among state agencies:
for the purpose of searching for a missing parent believed to be residing in a state mental health facility, or
in compliance with the Early Intervention Services System Act
Investigation under the Guardianship and Advocacy Act
Complaint against an intellectually disabled person residing in a intellectual disability or mental health facility
Disclosure of information
within a treatment team,
for purposes of peer review,
to the Institute of Juvenile Research and the Institute for the Study of Developmental Disabilities,
per a DCFS investigation
Interagency disclosure among state agencies for admission, treatment, planning, coordination of care, discharge or mandated public health reporting
Disclosure without consent under the Sexually Violent Persons Commitment Act
Disclosure for treatment and coordination of care
Use and disclosure to a Health Information Exchange
Opting out from a Health Information Exchange
Disclosure of records in civil, criminal, administrative and legislative proceedings
Requirement of a subpoena for mental health records to be accompanied by a written, court order
740 ILCS 110/10 (d)
Disclosure under:
the Abused and Neglected Children Child Reporting Act,
civil commitment or involuntary treatment,
if needed to provide emergency medical care,
to warn or protect a specific individual (Tarasoff) 740 ILCS 110/11(vii)
Sex Offender Registration Act,
Rights of Crime Victims and Witnesses Act,
Abuse and Neglected Long Term Care Facility Residents Reporting Act,
Abuse of Adults with Disabilities Intervention Act,
or to a Health Information Exchange
Disclosure to the United States Secret Service or Illinois State Police
Disclosure of a violation of criminal law or other serious incident within a mental health / intellectual disability facility
Disclosure re.
escaped / eloped inpatient,
missing person report to law enforcement,
investigation of a possible felony or sex offense by a forensic patient
Notation in the records of any information disclosed without patient's consent