89 Ill. Adm. Code 431.105
Disclosure of Alcoholism and Other Drug Abuse Records
Section 431.105 Disclosure of
Alcoholism and
Other Drug Abuse Records
Records of the identity, diagnosis, prognosis or
treatment of any patient maintained in connection with the performance of any
program or activity related to alcohol or other drug abuse or dependency
education, early intervention, intervention, training, treatment or
rehabilitation
that
is regulated, authorized or directly or indirectly
assisted by any Department or agency of this State or under any provision of
the
Alcoholism and Other Drug Abuse and
Dependency
Act shall be
confidential and may be disclosed only
with consent.
The following are
exempt from
federal
confidentiality
provisions and can be disclosed
without consent:
a)
Veteran's
Administration records;
b)
Information
obtained by the Armed Forces;
c)
Information
given to qualified service organizations;
d)
Communications within a program or between a
program and an entity having direct administrative control over that program;
e)
Information given to law enforcement personnel
investigating a patient's commission of a crime on the program premises or
against program personnel; and
f)
Reports under State law of incidents of
suspected child abuse and neglect; however, confidentiality restrictions
continue to apply to the records and any follow-up information for disclosure
and use in civil or criminal proceedings arising from the report of suspected
abuse or neglect.
[20 ILCS 301/30-5]
AGENCY NOTE: Statements of observation of a person's
demeanor or behavior that suggest they are under the influence of alcohol or a
controlled substance are not protected.