Full Text of SB2295 94th General Assembly
SB2295ham003 94TH GENERAL ASSEMBLY
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Rep. Sidney H. Mathias
Filed: 3/28/2006
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09400SB2295ham003 |
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LRB094 16335 AJO 56878 a |
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| AMENDMENT TO SENATE BILL 2295
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| AMENDMENT NO. ______. Amend Senate Bill 2295 on page 1, | 3 |
| line 5, after "Sections", by inserting "8-802,"; and
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| on page 1, immediately below line 6, by inserting the | 5 |
| following:
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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 | 8 |
| shall be
permitted to disclose any information he or she may | 9 |
| have acquired in
attending any patient in a professional | 10 |
| character, necessary to enable him
or her professionally to | 11 |
| serve the patient, except only (1) in trials for
homicide when | 12 |
| the disclosure relates directly to the fact or immediate
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| circumstances of the homicide, (2) in actions, civil or | 14 |
| criminal, against
the physician for malpractice, (3) with the | 15 |
| expressed consent of the
patient, or in case of his or her | 16 |
| death or disability, of his or her
personal representative or | 17 |
| other person authorized to sue for personal
injury or of the | 18 |
| beneficiary of an insurance policy on his or her life,
health, | 19 |
| or physical condition, (4) in all actions brought by or against | 20 |
| the
patient, his or her personal representative, a beneficiary | 21 |
| under a policy
of insurance, or the executor or administrator | 22 |
| of his or her estate wherein
the patient's physical or mental | 23 |
| condition is an issue, (5) upon an issue
as to the validity of | 24 |
| a document as a will of the patient, (6) in any
criminal action |
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09400SB2295ham003 |
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LRB094 16335 AJO 56878 a |
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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 | 3 |
| criminal, arising
from the filing of a report in compliance | 4 |
| with the Abused and Neglected
Child Reporting Act, (8) to any | 5 |
| department, agency, institution
or facility which has custody | 6 |
| of the patient pursuant to State statute
or any court order of | 7 |
| commitment, (9) in prosecutions where written
results of blood | 8 |
| alcohol tests are admissible pursuant to Section 11-501.4
of | 9 |
| the Illinois Vehicle Code, (10) in prosecutions where written
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| results of blood alcohol tests are admissible under Section | 11 |
| 5-11a of the
Boat Registration and Safety Act,
or (11) in | 12 |
| criminal actions arising from the filing of a report of | 13 |
| suspected
terrorist offense in compliance with Section | 14 |
| 29D-10(p)(7) of the Criminal Code
of 1961 , or (12) upon the | 15 |
| issuance of a subpoena pursuant to Section 38 of the Medical | 16 |
| Practice Act of 1987; the issuance of a subpoena pursuant to | 17 |
| Section 25.1 of the Illinois Dental Practice Act; or the | 18 |
| issuance of a subpoena pursuant to Section 22 of the Nursing | 19 |
| Home Administrators Licensing and Disciplinary Act .
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| In the event of a conflict between the application of this | 21 |
| Section
and the Mental Health and Developmental Disabilities | 22 |
| Confidentiality
Act to a specific situation, the provisions of | 23 |
| the Mental Health and
Developmental Disabilities | 24 |
| Confidentiality Act shall control.
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| (Source: P.A. 87-803; 92-854, eff. 12-5-02.)".
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