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Authors

Jana L. Fischer

Document Type

Article

Media Type

Text

Abstract

Illinois' Mental Health and Developmental Disabilities Confidentiality Act, 740 Ill. Comp. Stat. 110/1 (2000), prohibits "blanket consent" to the disclosure of mental health and developmental disabilities treatment records. This Comment argues that Illinois' Confidentiality Act inadequately defines "blanket consent" so as to ensure that an authorization for the disclosure of mental health records is obtained on an informed and consensual basis. This is especially so where a recipient's authorization results in the unintended release of information not thought to be contained in the records. The purpose of this Comment is to suggest that the Illinois legislature should look to the doctrine of informed consent in implementing an operational definition of "blanket consent" in order to make certain that the confidentiality and autonomy rights of recipients include the right to make well-informed decisions in authorizing the disclosure of their mental health records.

First Page

535

Last Page

565

Publication Date

7-1-2002

Department

College of Law

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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