SB3110 EngrossedLRB098 19508 HEP 55423 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 8-802 as follows:
 
6    (735 ILCS 5/8-802)  (from Ch. 110, par. 8-802)
7    Sec. 8-802. Physician and patient. No physician or surgeon
8shall be permitted to disclose any information he or she may
9have acquired in attending any patient in a professional
10character, necessary to enable him or her professionally to
11serve the patient, except only (1) in trials for homicide when
12the disclosure relates directly to the fact or immediate
13circumstances of the homicide, (2) in actions, civil or
14criminal, against the physician for malpractice, (3) with the
15expressed consent of the patient, or in case of his or her
16death or disability, of his or her personal representative or
17other person authorized to sue for personal injury or of the
18beneficiary of an insurance policy on his or her life, health,
19or physical condition, or as authorized by Section 8-2001.5,
20(4) in all actions brought by or against the patient, his or
21her personal representative, a beneficiary under a policy of
22insurance, or the executor or administrator of his or her
23estate wherein the patient's physical or mental condition is an

 

 

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1issue, (5) upon an issue as to the validity of a document as a
2will of the patient, (6) in any criminal action where the
3charge is either first degree murder by abortion, attempted
4abortion or abortion, (7) in actions, civil or criminal,
5arising from the filing of a report in compliance with the
6Abused and Neglected Child Reporting Act, (8) to any
7department, agency, institution or facility which has custody
8of the patient pursuant to State statute or any court order of
9commitment, (9) in prosecutions where written results of blood
10alcohol tests are admissible pursuant to Section 11-501.4 of
11the Illinois Vehicle Code, (10) in prosecutions where written
12results of blood alcohol tests are admissible under Section
135-11a of the Boat Registration and Safety Act, (11) in criminal
14actions arising from the filing of a report of suspected
15terrorist offense in compliance with Section 29D-10(p)(7) of
16the Criminal Code of 2012, or (12) upon the issuance of a
17subpoena pursuant to Section 38 of the Medical Practice Act of
181987; the issuance of a subpoena pursuant to Section 25.1 of
19the Illinois Dental Practice Act; the issuance of a subpoena
20pursuant to Section 22 of the Nursing Home Administrators
21Licensing and Disciplinary Act; or the issuance of a subpoena
22pursuant to Section 25.5 of the Workers' Compensation Act; or
23(13) upon the issuance of a grand jury subpoena pursuant to
24Article 112 of the Code of Criminal Procedure of 1963.
25    Upon disclosure under item (13) of this Section, in any
26criminal action where the charge is domestic battery,

 

 

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1aggravated domestic battery, or an offense under Article 11 of
2the Criminal Code of 2012 or where the patient is under the age
3of 18 years or upon the request of the patient, the State's
4Attorney shall petition the court for a protective order
5pursuant to Supreme Court Rule 415.
6    In the event of a conflict between the application of this
7Section and the Mental Health and Developmental Disabilities
8Confidentiality Act to a specific situation, the provisions of
9the Mental Health and Developmental Disabilities
10Confidentiality Act shall control.
11(Source: P.A. 97-18, eff. 6-28-11; 97-623, eff. 11-23-11;
1297-813, eff. 7-13-12; 97-1150, eff. 1-25-13.)