(a) Part 20 of Article VIII of this Act does not apply to the records of patients, inmates, or persons being examined, observed or treated in any institution, division, program or service now existing, or hereafter acquired or created under the jurisdiction of the Department of Human Services as successor to the Department of Mental Health and Developmental Disabilities and the Department of Alcoholism and Substance Abuse, or over which, in that capacity, the Department of Human Services exercises executive or administrative supervision.
8-2002.Application.
Article VIII. Evidence · Part 20. Inspection of Records · Last amended 2019 · Last verified July 20, 2026
In one sentenceExcludes Department of Human Services mental-health and substance-abuse treatment records from Part 20's health-record access rules, deferring instead to the state confidentiality acts and federal law.
Full Text of 735 ILCS 5/8-2002
(b) In the event of a conflict between the application of Part 20 of Article VIII of this Act and the Mental Health and Developmental Disabilities Confidentiality Act or subsection (bb) of Section 30-5 of the Substance Use Disorder Act to a specific situation, the provisions of the Mental Health and Developmental Disabilities Confidentiality Act or subsection (bb) of Section 30-5 of the Substance Use Disorder Act shall control. The provisions of federal law concerning the confidentiality of alcohol and drug abuse patient records, as contained in Title 21 of the United States Code, Section 1175; Title 42 of the United States Code, Section 4582; 42 CFR Part 2; and any other regulations promulgated pursuant thereto, all as now or hereafter amended, shall supersede all other laws and regulations concerning such confidentiality, except where any such otherwise applicable laws or regulations are more stringent, in which case the most stringent shall apply.
Plain-English Summary
Part 20's records-access rules, including Section 8-2001's examination-and-copying right, do not apply to records of patients, inmates, or persons examined, observed, or treated in institutions, divisions, programs, or services under the Department of Human Services acting as successor to the former Department of Mental Health and Developmental Disabilities and Department of Alcoholism and Substance Abuse, or anywhere DHS exercises that supervisory role.
Where Part 20 conflicts with the Mental Health and Developmental Disabilities Confidentiality Act, or with the cited subsection of the Substance Use Disorder Act, those acts control instead. Federal confidentiality law governing alcohol and drug abuse patient records — cited by its statutory and regulatory sources, including 42 CFR Part 2 — supersedes other law, except that a more stringent otherwise-applicable law or regulation still applies where it exists.
Frequently Asked Questions
Does Section 8-2001's medical-records-access right apply to DHS mental health and substance abuse records?
No — this section excludes those records from Part 20 entirely.
Which law governs those records instead?
The Mental Health and Developmental Disabilities Confidentiality Act, the cited subsection of the Substance Use Disorder Act for substance-use records, and federal confidentiality law for alcohol and drug abuse patient records.
What happens if Part 20 and the Mental Health Confidentiality Act conflict?
The Mental Health and Developmental Disabilities Confidentiality Act, or the Substance Use Disorder Act provision, controls.
Does federal law ever give way to state law here?
Yes — federal confidentiality law supersedes other law except where an otherwise applicable law or regulation is more stringent, in which case the more stringent rule applies.
What agency's records trigger this exclusion?
Records tied to the Department of Human Services acting as successor to the former Department of Mental Health and Developmental Disabilities and Department of Alcoholism and Substance Abuse, including anywhere DHS exercises that supervisory role.
Amendment History
(Source: P.A. 100-759, eff. 1-1-19.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: illinois mental health records exceptionsubstance abuse treatment records illinois lawDHS records confidentiality illinois42 CFR part 2 illinois