State of Illinois
92^nd General Assembly
Legislation

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92_SB1705eng

 
SB1705 Engrossed                               LRB9213320ACdv

 1        AN ACT concerning civil procedure.

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

 4        Section 5.  The Code of Civil  Procedure  is  amended  by
 5    changing Section 8-2101 as follows:

 6        (735 ILCS 5/8-2101) (from Ch. 110, par. 8-2101)
 7        Sec.  8-2101.  Information  obtained.   All  information,
 8    interviews,  reports, statements, memoranda, recommendations,
 9    letters  of  reference  or  other  third  party  confidential
10    assessments of  a  health  care  practitioner's  professional
11    competence,  or  other  data  of  the  Illinois Department of
12    Public Health, local health departments,  the  Department  of
13    Human  Services  (as  successor  to  the Department of Mental
14    Health and Developmental Disabilities), the Mental Health and
15    Developmental Disabilities  Medical  Review  Board,  Illinois
16    State  Medical  Society,  allied  medical  societies,  health
17    maintenance   organizations,   medical   organizations  under
18    contract  with  health  maintenance  organizations  or   with
19    insurance   or   other   health  care  delivery  entities  or
20    facilities,  tissue  banks,   organ   procurement   agencies,
21    physician-owned insurance companies inter-insurance exchanges
22    and their agents, committees of ambulatory surgical treatment
23    centers  or  post-surgical  recovery centers or their medical
24    staffs, or committees of licensed or accredited hospitals  or
25    their   medical   staffs,   including   Patient   Care  Audit
26    Committees, Medical Care Evaluation  Committees,  Utilization
27    Review   Committees,   Credential  Committees  and  Executive
28    Committees, or their designees (but not the  medical  records
29    pertaining  to  the  patient), used in the course of internal
30    quality control or  of  medical  study  for  the  purpose  of
31    reducing  morbidity  or  mortality,  or for improving patient
 
SB1705 Engrossed            -2-                LRB9213320ACdv
 1    care or  increasing  organ  and  tissue  donation,  shall  be
 2    privileged,  strictly confidential and shall be used only for
 3    medical research, increasing organ and tissue  donation,  the
 4    evaluation  and  improvement  of  quality  care, or granting,
 5    limiting or  revoking  staff  privileges  or  agreements  for
 6    services,  except that in any health maintenance organization
 7    proceeding to decide  upon  a  physician's  services  or  any
 8    hospital  or  ambulatory surgical treatment center proceeding
 9    to decide upon a physician's  staff  privileges,  or  in  any
10    judicial review of either, the claim of confidentiality shall
11    not  be  invoked  to  deny such physician access to or use of
12    data upon which such a decision was based.
13    (Source: P.A. 89-393, eff. 8-20-95; 89-507, eff. 7-1-97.)

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