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90_HB1026
210 ILCS 90/1 from Ch. 111 1/2, par. 157-11
Amends the X-Ray Retention Act to require all health care
facilities (now, hospitals) that produce certain photographs
of the human anatomy to retain those photographs for 9 (now,
5) years. Expands the types of photographs that must be
retained under that requirement to include CT-Scan, MRI, MRA,
PET, ultrasound, and mammography films.
LRB9002626DPcc
LRB9002626DPcc
1 AN ACT to amend the X-Ray Retention Act to change Section
2 1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The X-Ray Retention Act is amended by
6 changing Section 1 as follows:
7 (210 ILCS 90/1) (from Ch. 111 1/2, par. 157-11)
8 Sec. 1. Retention requirement. Hospitals and health care
9 facilities that which produce photographs of the human
10 anatomy by the X-ray or roentgen process or any other films
11 produced from diagnostic tests, including but not limited to
12 CT-Scan, MRI, MRA, PET, ultrasound, and mammography films, on
13 the request of licensed physicians for use by them in the
14 diagnosis or treatment of a patient's illness or condition
15 shall retain such photographs or films as part of their
16 regularly maintained records for a period of 9 5 years
17 provided that retention of the said photographs or films film
18 may be by microfilm or other recognized means of
19 minification that does not adversely affect their use for
20 diagnostic purposes. However, if the hospital or health care
21 facility has been notified in writing by an attorney at law
22 before the expiration of the 9 5 year period that there is a
23 litigation pending in court involving a particular X-ray or
24 roentgen photograph or any other film produced from a
25 diagnostic test, including but not limited to a CT-Scan, MRI,
26 MRA, PET, ultrasound, or mammography film, in their records
27 as possible evidence, and that the subject person of such
28 photograph is his or her client, or is the person who has
29 instituted such litigation against his or her client, then
30 the hospital or health care facility shall keep such
31 photograph or film or minified copy thereof in its regular
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1 records until notified in writing by the plaintiff's attorney
2 with the approval thereon of the defendant's attorney of
3 record that the case in court involving such photograph has
4 been concluded, or for a period of 12 years from the date
5 that the X-ray photograph film or CT-Scan, MRI, MRA, PET,
6 ultrasound, or mammography film was produced, whichever
7 occurs first in time.
8 (Source: P.A. 79-410.)