Mental Health and Developmental Disabilities Confidentiality Act - 740 Ill. Comp. Stat. 110/9—110/17

Records and information relating to the mental health of an individual are confidential and privileged to the patient, and may only be disclosed in accordance with the statute.
 
Disclosure with Consent:
The following people may consent to the disclosure of information relating to a patients’ mental health treatment, pursuant to 110/4 and 110/5:
·      The patient, if he or she is over 12 years of age
·      The parent or guardian of the patient if he or she is under 12 years of age
·      A parent or guardian of a patient aged 12 to 18 if the patient does not object and the provider does not determine that there are compelling reasons for denying disclosure; a parent who is denied access may petition the court for disclosure
·      An attorney or guardian ad litem who represents a minor over 12 years old in a judicial or administrative proceeding
·      An agent authorized to access the information by the patient’s power of attorney for health care or property
·      An attorney-in-fact appointed pursuant to the Mental Health Treatment Preference Declaration Act
·      A person who has care and custody of the patient pursuant to the Mental Health and Developmental Disabilities Code
The above named individuals may consent to the disclosure of information relating to a patient’s mental health treatment by providing the following in writing:
·      The person or organization to whom the information is to be disclosed
·      The reason for the disclosure
·      The specific information to be disclosed
·      Right to inspect and copy the information
·      The consequences of a refusal to consent
·      The date that consent expires
·      The right to revoke the consent, which must be in writing
·      A signature
 
Disclosure without Consent:
Confidential mental health information may be disclosed without consent pursuant to 110/6 for purposes of applying for or receiving benefits, provided that attempts were made to obtain consent and the recipient is notified of the disclosure.
Confidential mental health information may be disclosed pursuant to 110/7 in the context of provider licensure, statistical compilation, research, evaluation or other similar purpose, provided that patient-identifying must be removed before use.
Information may be disclosed to regional human rights authorities during the course of an investigation under certain circumstances, pursuant to 110/8. Information may not be disclosed to regional human rights authorities if patient-identifying information cannot be removed without undue burden, or if a patient objects in writing to the disclosure.
A provider may disclose mental health treatment information without consent pursuant to 110/9 to another provider for purposes of treatment and coordination of care, to peer reviewers, to the Institute for Juvenile Research and the Institute for the Study of Developmental Disabilities for purposes of research, education and treatment, and to the Inspector General of the Department of Children and Family Services when the records are pertinent to an ongoing investigation involving abuse or neglect. Disclosure may be made without consent pursuant to the Sexually Violent Persons Commitment Act.
Information may be disclosed without consent when in connection with an HIE under 110/9.5.
 
Disclosure Pursuant to Court Order:
Confidential information may be disclosed in a civil, criminal or administrative proceeding if the patient introduces “his mental condition or any aspect of his services received for such condition as an element of his claim or defense.” Relevant and admissible mental health treatment information may be disclosed pursuant to court order if good cause is shown.