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    AN ACT concerning civil law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:

 
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    Section 5. The Code of Civil Procedure is amended  by 
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changing Sections 8-802, 8-2001, 8-2003, and 8-2006 as follows:
 



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    (735 ILCS 5/8-802)  (from Ch. 110, par. 8-802)


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    Sec. 8-802. Physician and patient. No physician or surgeon 
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shall be
permitted to disclose any information he or she may 
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have acquired in
attending any patient in a professional 
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character, necessary to enable him
or her professionally to 
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serve the patient, except only (1) in trials for
homicide when 
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the disclosure relates directly to the fact or immediate

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circumstances of the homicide, (2) in actions, civil or 
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criminal, against
the physician for malpractice, (3) with the 
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expressed consent of the
patient, or in case of his or her 
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death or disability, of his or her
personal representative or 
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other person authorized to sue for personal
injury or of the 
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beneficiary of an insurance policy on his or her life,
health, 
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or physical condition, (4) in all actions brought by or against 
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the
patient, his or her personal representative, a beneficiary 
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under a policy
of insurance, or the executor or administrator 
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of his or her estate wherein
the patient's physical or mental 
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condition is an issue, (5) upon an issue
as to the validity of 
 


 






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a document as a will of the patient, (6) in any
criminal action 
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where the charge is either first degree murder by abortion,

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attempted abortion or abortion, (7) in actions, civil or 
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criminal, arising
from the filing of a report in compliance 
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with the Abused and Neglected
Child Reporting Act, (8) to any 
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department, agency, institution
or facility which has custody 
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of the patient pursuant to State statute
or any court order of 
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commitment, (9) in prosecutions where written
results of blood 
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alcohol tests are admissible pursuant to Section 11-501.4
of 
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the Illinois Vehicle Code, (10) in prosecutions where written

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results of blood alcohol tests are admissible under Section 
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5-11a of the
Boat Registration and Safety Act,
or (11) in 
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criminal actions arising from the filing of a report of 
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suspected
terrorist offense in compliance with Section 
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29D-10(p)(7) of the Criminal Code
of 1961, or (12) upon the 
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issuance of a subpoena pursuant to Section 38 of the Medical 
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Practice Act of 1987; the issuance of a subpoena pursuant to 
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Section 25.1 of the Illinois Dental Practice Act; or the 
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issuance of a subpoena pursuant to Section 22 of the Nursing 
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Home Administrators Licensing and Disciplinary Act.

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    In the event of a conflict between the application of this 
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Section
and the Mental Health and Developmental Disabilities 
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Confidentiality
Act to a specific situation, the provisions of 
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the Mental Health and
Developmental Disabilities 
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Confidentiality Act shall control.

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(Source: P.A. 87-803; 92-854, eff. 12-5-02.)


 



 


 






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    (735 ILCS 5/8-2001)  (from Ch. 110, par. 8-2001)



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    Sec. 8-2001. Examination of records. 

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    In this Section, "health care facility" or "facility" means 
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a public or
private hospital, ambulatory surgical treatment 
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center, nursing home,
independent practice association, or 
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physician hospital organization, or any
other entity where 
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health care services are provided to any person.  The term
does 
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not include an organizational structure whose records are 
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subject to
Section 8-2003.

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    In this Part, "practitioner" means any health care 
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practitioner, including a physician, dentist, podiatrist, 
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advanced practice nurse, physician assistant, clinical 
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psychologist, or clinical social worker. The term includes a 
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medical office, health care clinic, health department, group 
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practice, and any other organizational structure for a licensed 
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professional to provide health care services. The term does not 
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include a health care facility as defined in this Section.

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    Every private and public health care facility shall, upon 
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the request of any
patient who has been treated in such health 
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care facility, or any person, entity, or organization 
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presenting a valid authorization for the release of records 
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signed by the patient or the patient's legally authorized 
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representative, permit the patient,
his or her healthcare 
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practitioner
physician,

authorized attorney, or any person, 
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entity, or organization presenting a valid authorization for 
 


 






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the release of records signed by the patient or the patient's 
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legally authorized representative to examine the health care 
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facility
patient care records,
including but not limited to the 
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history, bedside notes, charts, pictures
and plates, kept in 
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connection with the treatment of such patient, and
permit 
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copies of such records to be made by him or her or his or her

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healthcare practitioner
physician or authorized attorney.  A 
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request for copies of the records shall
be in writing and shall 
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be delivered to the administrator or manager of
such health 
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care facility. The health care facility shall be reimbursed by 
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the
person requesting copies of records at the time of such 
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copying for all
reasonable expenses, including the costs of 
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independent copy service companies,
incurred by the health care 
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facility in connection with such copying not to
exceed a $20 
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handling charge for processing the
request for copies, and 75 
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cents per page for the first through 25th pages, 50
cents per 
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page for the 26th through 50th pages, and 25 cents per page for 
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all
pages in excess of 50 (except that the charge shall not 
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exceed $1.25 per page
for any copies made from microfiche or 
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microfilm), and actual shipping costs.
These rates shall be 
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automatically adjusted as set forth in Section 8-2006.
The 
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health care facility may, however, charge for the
reasonable 
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cost of all duplication of
record material or information that 
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cannot routinely be copied or duplicated on
a standard 
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commercial photocopy machine such as x-ray films or pictures.

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    The requirements of this Section shall be satisfied within 
 


 






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30 days of the
receipt of a written request by a patient or by 
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his or her legally authorized
representative, healthcare 
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practitioner
physician,
authorized attorney, or any person, 
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entity, or organization presenting a valid authorization for 
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the release of records signed by the patient or the patient's 
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legally authorized representative. If the health care facility

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needs more time to comply with the request, then within 30 days 
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after receiving
the request, the facility must provide the 
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requesting party with a written
statement of the reasons for 
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the delay and the date by which the requested
information will 
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be provided. In any event, the facility must provide the

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requested information no later than 60 days after receiving the 
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request.

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    A health care facility must provide the public with at 
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least 30 days prior
notice of the closure  of the facility. The 
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notice must include an explanation
of how copies of the 
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facility's records may be accessed by patients. The
notice may 
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be given by publication in a newspaper of general circulation 
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in the
area in which the health care facility is located.

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    Failure to comply with the time limit requirement of this 
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Section shall
subject the denying party to expenses and 
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reasonable attorneys' fees
incurred in connection with any 
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court ordered enforcement of the provisions
of this Section.

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(Source: P.A. 93-87, eff. 7-2-03; 94-155, eff. 1-1-06.)

 



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    (735 ILCS 5/8-2003)  (from Ch. 110, par. 8-2003)



 


 






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    Sec. 8-2003. Records of health care practitioners. 
In
this 
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Section, "practitioner" means any health care practitioner, 
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including a
physician, dentist, podiatrist, advanced practice 
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nurse, physician
assistant, clinical psychologist, or clinical 
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social worker. The
term includes a  medical
office, health care 
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clinic, health department, group practice, and any
other 
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organizational structure  for a licensed professional to 
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provide health
care services. The term does not include a 
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health care facility as defined in
Section 8-2001.

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    Every practitioner shall, upon the request of any patient

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who has been treated by such practitioner, or any person, 
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entity, or organization presenting a valid authorization for 
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the release of records signed by the patient or the patient's 
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legally authorized representative, permit the
patient
and the 
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patient's practitioner or authorized attorney, or any person, 
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entity, or organization presenting a valid authorization for 
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the release of records signed by the patient or the patient's 
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legally authorized representative, to examine and copy the

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patient's records, including but not limited to those relating 
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to the
diagnosis, treatment, prognosis, history, charts, 
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pictures and plates, kept in
connection with the treatment of 
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such patient.  Such request for examining and
copying of the 
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records shall be in writing and shall be delivered to such 
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practitioner. Such written request shall be complied with by

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the practitioner within a reasonable time after receipt by him 
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or
her
at his or her office or any other place designated by 
 


 






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him or her.

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    The requirements of this Section shall be satisfied within 
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30 days of the
receipt of a written request.
If the 
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practitioner needs more time to comply with the request,
then

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within 30 days after receiving the request, the practitioner 
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must
provide the requesting party with a
written statement of 
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the reasons for the delay and the date by which the
requested 
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information will be provided.  In any event, the practitioner 
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must
provide the requested information no later than 60 days 
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after
receiving the request.

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    The practitioner shall be reimbursed by the person

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requesting
such
records at the time of such copying, for all 
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reasonable expenses, including
the costs of independent copy 
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service companies, incurred by the
practitioner in connection 
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with such copying not to exceed a $20 handling
charge for 
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processing the request for copies, and 75 cents per page for 
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the
first through 25th pages, 50 cents per page for the 26th 
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through 50th pages,
and 25 cents per page for all pages in 
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excess of 50 (except that the charge
shall not exceed $1.25 per 
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page for any copies made from microfiche or
microfilm), and 
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actual shipping costs.
These rates shall be automatically

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adjusted as set forth in Section 8-2006.  The physician or other 
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practitioner
may, however, charge for the reasonable cost of 
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all duplication of record
material or information that cannot 
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routinely be copied or duplicated on a
standard commercial 
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photocopy machine such as x-ray films or pictures.

 


 






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    A health care practitioner must provide the public with at 
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least 30 days
prior notice
of the closure of the practitioner's 
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practice. The notice must include an
explanation of how copies 
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of  the practitioner's records may be accessed by
patients. The 
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notice may be given by publication in a newspaper of general

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circulation in
the area
in which the health care practitioner's 
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practice is located.

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    Failure to comply with the time limit requirement of this 
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Section shall
subject the denying party to expenses and 
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reasonable attorneys' fees
incurred in connection with any 
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court ordered enforcement of the provisions
of this Section.

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(Source: P.A. 92-228, eff. 9-1-01; 93-87, eff. 7-2-03.)

 



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    (735 ILCS 5/8-2006)


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    Sec. 8-2006. Copying fees; adjustment for inflation. 
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Beginning in
2003, every January 20, the copying fee limits 
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established in Sections 8-2001,
8-2003, 8-2004, and 8-2005 
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shall automatically be increased or decreased, as
applicable, 
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by a percentage equal to the percentage change in the consumer

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price index-u during the preceding 12-month calendar year. 
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"Consumer price
index-u" means the index published by the 
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Bureau of Labor Statistics of the
United States Department of 
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Labor that measures the average change in
prices of goods and 
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services purchased by all urban consumers, United
States city 
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average, all items, 1982-84 = 100. The new amount resulting

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from each annual adjustment shall be determined by the 
 


 






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Comptroller and
made available to the public via the 
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Comptroller's official website by January 31 of every year.

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(Source: P.A. 94-982, eff. 6-30-06.)