Illinois General Assembly - Full Text of SB1694
Illinois General Assembly

Previous General Assemblies

Full Text of SB1694  97th General Assembly

SB1694sam002 97TH GENERAL ASSEMBLY

Sen. A. J. Wilhelmi

Filed: 3/30/2011

 

 


 

 


 
09700SB1694sam002LRB097 02679 AJO 53334 a

1
AMENDMENT TO SENATE BILL 1694

2    AMENDMENT NO. ______. Amend Senate Bill 1694, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
 
5    "Section 5. The Code of Civil Procedure is amended by
6changing Sections 8-802 and 8-2001 and by adding Section
78-2001.5 as follows:
 
8    (735 ILCS 5/8-802)  (from Ch. 110, par. 8-802)
9    Sec. 8-802. Physician and patient. No physician or surgeon
10shall be permitted to disclose any information he or she may
11have acquired in attending any patient in a professional
12character, necessary to enable him or her professionally to
13serve the patient, except only (1) in trials for homicide when
14the disclosure relates directly to the fact or immediate
15circumstances of the homicide, (2) in actions, civil or

 

 

09700SB1694sam002- 2 -LRB097 02679 AJO 53334 a

1criminal, against the physician for malpractice, (3) with the
2expressed consent of the patient, or in case of his or her
3death or disability, of his or her personal representative or
4other person authorized to sue for personal injury or of the
5beneficiary of an insurance policy on his or her life, health,
6or physical condition, or as authorized by Section 8-2001.5,
7(4) in all actions brought by or against the patient, his or
8her personal representative, a beneficiary under a policy of
9insurance, or the executor or administrator of his or her
10estate wherein the patient's physical or mental condition is an
11issue, (5) upon an issue as to the validity of a document as a
12will of the patient, (6) in any criminal action where the
13charge is either first degree murder by abortion, attempted
14abortion or abortion, (7) in actions, civil or criminal,
15arising from the filing of a report in compliance with the
16Abused and Neglected Child Reporting Act, (8) to any
17department, agency, institution or facility which has custody
18of the patient pursuant to State statute or any court order of
19commitment, (9) in prosecutions where written results of blood
20alcohol tests are admissible pursuant to Section 11-501.4 of
21the Illinois Vehicle Code, (10) in prosecutions where written
22results of blood alcohol tests are admissible under Section
235-11a of the Boat Registration and Safety Act, (11) in criminal
24actions arising from the filing of a report of suspected
25terrorist offense in compliance with Section 29D-10(p)(7) of
26the Criminal Code of 1961, or (12) upon the issuance of a

 

 

09700SB1694sam002- 3 -LRB097 02679 AJO 53334 a

1subpoena pursuant to Section 38 of the Medical Practice Act of
21987; the issuance of a subpoena pursuant to Section 25.1 of
3the Illinois Dental Practice Act; or the issuance of a subpoena
4pursuant to Section 22 of the Nursing Home Administrators
5Licensing and Disciplinary Act.
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. 95-478, eff. 8-27-07.)
 
12    (735 ILCS 5/8-2001)  (from Ch. 110, par. 8-2001)
13    Sec. 8-2001. Examination of health care records.
14    (a) In this Section:
15    "Health care facility" or "facility" means a public or
16private hospital, ambulatory surgical treatment center,
17nursing home, independent practice association, or physician
18hospital organization, or any other entity where health care
19services are provided to any person. The term does not include
20a health care practitioner.
21    "Health care practitioner" means any health care
22practitioner, including a physician, dentist, podiatrist,
23advanced practice nurse, physician assistant, clinical
24psychologist, or clinical social worker. The term includes a
25medical office, health care clinic, health department, group

 

 

09700SB1694sam002- 4 -LRB097 02679 AJO 53334 a

1practice, and any other organizational structure for a licensed
2professional to provide health care services. The term does not
3include a health care facility.
4    (b) Every private and public health care facility shall,
5upon the request of any patient who has been treated in such
6health care facility, or any person, entity, or organization
7presenting a valid authorization for the release of records
8signed by the patient or the patient's legally authorized
9representative, or as authorized by Section 8-2001.5, permit
10the patient, his or her health care practitioner, authorized
11attorney, or any person, entity, or organization presenting a
12valid authorization for the release of records signed by the
13patient or the patient's legally authorized representative to
14examine the health care facility patient care records,
15including but not limited to the history, bedside notes,
16charts, pictures and plates, kept in connection with the
17treatment of such patient, and permit copies of such records to
18be made by him or her or his or her health care practitioner or
19authorized attorney.
20    (c) Every health care practitioner shall, upon the request
21of any patient who has been treated by the health care
22practitioner, or any person, entity, or organization
23presenting a valid authorization for the release of records
24signed by the patient or the patient's legally authorized
25representative, permit the patient and the patient's health
26care practitioner or authorized attorney, or any person,

 

 

09700SB1694sam002- 5 -LRB097 02679 AJO 53334 a

1entity, or organization presenting a valid authorization for
2the release of records signed by the patient or the patient's
3legally authorized representative, to examine and copy the
4patient's records, including but not limited to those relating
5to the diagnosis, treatment, prognosis, history, charts,
6pictures and plates, kept in connection with the treatment of
7such patient.
8    (d) A request for copies of the records shall be in writing
9and shall be delivered to the administrator or manager of such
10health care facility or to the health care practitioner. The
11person (including patients, health care practitioners and
12attorneys) requesting copies of records shall reimburse the
13facility or the health care practitioner at the time of such
14copying for all reasonable expenses, including the costs of
15independent copy service companies, incurred in connection
16with such copying not to exceed a $20 handling charge for
17processing the request and the actual postage or shipping
18charge, if any, plus: (1) for paper copies 75 cents per page
19for the first through 25th pages, 50 cents per page for the
2026th through 50th pages, and 25 cents per page for all pages in
21excess of 50 (except that the charge shall not exceed $1.25 per
22page for any copies made from microfiche or microfilm; records
23retrieved from scanning, digital imaging, electronic
24information or other digital format do not qualify as
25microfiche or microfilm retrieval for purposes of calculating
26charges); and (2) for electronic records, retrieved from a

 

 

09700SB1694sam002- 6 -LRB097 02679 AJO 53334 a

1scanning, digital imaging, electronic information or other
2digital format in a electronic document, a charge of 50% of the
3per page charge for paper copies under subdivision (d)(1). This
4per page charge includes the cost of each CD Rom, DVD, or other
5storage media. Records already maintained in an electronic or
6digital format shall be provided in an electronic format when
7so requested. If the records system does not allow for the
8creation or transmission of an electronic or digital record,
9then the facility or practitioner shall inform the requester in
10writing of the reason the records can not be provided
11electronically. The written explanation may be included with
12the production of paper copies, if the requester chooses to
13order paper copies. These rates shall be automatically adjusted
14as set forth in Section 8-2006. The facility or health care
15practitioner may, however, charge for the reasonable cost of
16all duplication of record material or information that cannot
17routinely be copied or duplicated on a standard commercial
18photocopy machine such as x-ray films or pictures.
19    (e) The requirements of this Section shall be satisfied
20within 30 days of the receipt of a written request by a patient
21or by his or her legally authorized representative, health care
22practitioner, authorized attorney, or any person, entity, or
23organization presenting a valid authorization for the release
24of records signed by the patient or the patient's legally
25authorized representative. If the facility or health care
26practitioner needs more time to comply with the request, then

 

 

09700SB1694sam002- 7 -LRB097 02679 AJO 53334 a

1within 30 days after receiving the request, the facility or
2health care practitioner must provide the requesting party with
3a written statement of the reasons for the delay and the date
4by which the requested information will be provided. In any
5event, the facility or health care practitioner must provide
6the requested information no later than 60 days after receiving
7the request.
8    (f) A health care facility or health care practitioner must
9provide the public with at least 30 days prior notice of the
10closure of the facility or the health care practitioner's
11practice. The notice must include an explanation of how copies
12of the facility's records may be accessed by patients. The
13notice may be given by publication in a newspaper of general
14circulation in the area in which the health care facility or
15health care practitioner is located.
16    (g) Failure to comply with the time limit requirement of
17this Section shall subject the denying party to expenses and
18reasonable attorneys' fees incurred in connection with any
19court ordered enforcement of the provisions of this Section.
20(Source: P.A. 94-155, eff. 1-1-06; 95-478, eff. 1-1-08 (changed
21from 8-27-07 by P.A. 95-480); 95-480, eff. 1-1-08.)
 
22    (735 ILCS 5/8-2001.5 new)
23    Sec. 8-2001.5. Authorization for release of a deceased
24patient's records.
25    (a) In addition to disclosure allowed under Section 8-802,

 

 

09700SB1694sam002- 8 -LRB097 02679 AJO 53334 a

1a deceased person's health care records may be released upon
2written request of the executor or administrator of the
3deceased person's estate or to an agent appointed by the
4deceased under a power of attorney for health care. When no
5executor, administrator, or agent exists, and the person did
6not specifically object to disclosure of his or her records in
7writing, then a deceased person's health care records may be
8released upon the written request of:
9        (1) the deceased person's surviving spouse; or
10        (2) if there is no surviving spouse, any one or more of
11    the following: (i) an adult son or daughter of the
12    deceased, (ii) a parent of the deceased, or (iii) an adult
13    brother or sister of the deceased.
14    (b) Health care facilities and practitioners are
15authorized to provide a copy of a deceased patient's records
16based upon a person's payment of the statutory fee and signed
17"Authorized Relative Certification", attesting to the fact
18that the person is authorized to receive such records under
19this Section.
20    (c) Any person who, in good faith, relies on a copy of an
21Authorized Relative Certification shall have the same
22immunities from criminal and civil liability as those who rely
23on a power of attorney for health care as provided by Illinois
24law.
25    (d) Upon request for records of a deceased patient, the
26named authorized relative shall provide the facility or

 

 

09700SB1694sam002- 9 -LRB097 02679 AJO 53334 a

1practitioner with a certified copy of the death certificate and
2a certification in substantially the following form:
 
3
AUTHORIZED RELATIVE CERTIFICATION

 
4    I, (insert name of authorized relative), certify that I am
5an authorized relative of the deceased (insert name of
6deceased). (A certified copy of the death certificate must be
7attached.)
 
8    I certify that to the best of my knowledge and belief that
9no executor or administrator has been appointed for the
10deceased's estate, that no agent was authorized to act for the
11deceased under a power of attorney for health care, and the
12deceased has not specifically objected to disclosure in
13writing.
 
14    I certify that I am the surviving spouse of the deceased;
15or
 
16    I certify that there is no surviving spouse and my
17relationship to the deceased is (circle one):
18        (1) An adult son or daughter of the deceased.
19        (2) Either parent of the deceased.
20        (3) An adult brother or sister of the deceased.
 

 

 

09700SB1694sam002- 10 -LRB097 02679 AJO 53334 a

1    This certification is made under penalty of perjury.*
 
2Dated: (insert date)
 
3.................................
4(Print Authorized Relative's Name)
5.................................
6(Authorized Relative's Signature)
7.................................
8(Authorized Relative's Address)
 
9*(Note: Perjury is defined in Section 32-2 of the Criminal Code
10of 1961, and is a Class 3 felony.)
 
11    Section 10. The Illinois Power of Attorney Act is amended
12by changing Section 4-3 as follows:
 
13    (755 ILCS 45/4-3)  (from Ch. 110 1/2, par. 804-3)
14    Sec. 4-3. General principles. The health care powers that
15may be delegated to an agent include, without limitation, all
16powers an individual may have to be informed about and to
17consent to or refuse or withdraw any type of health care for
18the individual and all powers a parent may have to control or
19consent to health care for a minor child. A health care agency
20may extend beyond the principal's death if necessary to permit
21anatomical gift, autopsy, or disposition of remains, or access

 

 

09700SB1694sam002- 11 -LRB097 02679 AJO 53334 a

1to medical records. Nothing in this Article shall impair or
2supersede any legal right or legal responsibility which any
3person may have to effect the withholding or withdrawal of
4life-sustaining or death-delaying procedures in any lawful
5manner, and the provisions of this Article are cumulative in
6such respect.
7(Source: P.A. 85-701.)
 
8    Section 99. Effective date. This Act takes effect October
91, 2011.".