Rep. Robyn Gabel

Filed: 3/5/2014

 

 


 

 


 
09800HB4408ham001LRB098 17885 HEP 56567 a

1
AMENDMENT TO HOUSE BILL 4408

2    AMENDMENT NO. ______. Amend House Bill 4408 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1other person authorized to sue for personal injury or of the
2beneficiary of an insurance policy on his or her life, health,
3or physical condition, or as authorized by Section 8-2001.5,
4(4) in all actions brought by or against the patient, his or
5her personal representative, a beneficiary under a policy of
6insurance, or the executor or administrator of his or her
7estate wherein the patient's physical or mental condition is an
8issue, (5) upon an issue as to the validity of a document as a
9will of the patient, (6) in any criminal action where the
10charge is either first degree murder by abortion, attempted
11abortion or abortion, (7) in actions, civil or criminal,
12arising from the filing of a report in compliance with the
13Abused and Neglected Child Reporting Act, (8) to any
14department, agency, institution or facility which has custody
15of the patient pursuant to State statute or any court order of
16commitment, (9) in prosecutions where written results of blood
17alcohol tests are admissible pursuant to Section 11-501.4 of
18the Illinois Vehicle Code, (10) in prosecutions where written
19results of blood alcohol tests are admissible under Section
205-11a of the Boat Registration and Safety Act, (11) in criminal
21actions arising from the filing of a report of suspected
22terrorist offense in compliance with Section 29D-10(p)(7) of
23the Criminal Code of 2012, or (12) upon the issuance of a
24subpoena pursuant to Section 38 of the Medical Practice Act of
251987; the issuance of a subpoena pursuant to Section 25.1 of
26the Illinois Dental Practice Act; the issuance of a subpoena

 

 

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1pursuant to Section 22 of the Nursing Home Administrators
2Licensing and Disciplinary Act; or the issuance of a subpoena
3pursuant to Section 25.5 of the Workers' Compensation Act; or
4(13) to provide notification to the Department of Human
5Services, pursuant to Section 8.1 of the Firearm Owners
6Identification Card Act, of a determination that the patient
7poses a clear and present danger to himself, herself, or
8others.
9    In the event of a conflict between the application of this
10Section and the Mental Health and Developmental Disabilities
11Confidentiality Act to a specific situation, the provisions of
12the Mental Health and Developmental Disabilities
13Confidentiality Act shall control.
14(Source: P.A. 97-18, eff. 6-28-11; 97-623, eff. 11-23-11;
1597-813, eff. 7-13-12; 97-1150, eff. 1-25-13.)".