| ||||
| Public Act 098-0954 | ||||
| ||||
| ||||
AN ACT concerning civil law.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Code of Civil Procedure is amended by | ||||
changing Section 8-802 as follows:
| ||||
(735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
| ||||
Sec. 8-802. Physician and patient. No physician or surgeon | ||||
shall be
permitted to disclose any information he or she may | ||||
have acquired in
attending any patient in a professional | ||||
character, necessary to enable him
or her professionally to | ||||
serve the patient, except only (1) in trials for
homicide when | ||||
the disclosure relates directly to the fact or immediate
| ||||
circumstances of the homicide, (2) in actions, civil or | ||||
criminal, against
the physician for malpractice, (3) with the | ||||
expressed consent of the
patient, or in case of his or her | ||||
death or disability, of his or her
personal representative or | ||||
other person authorized to sue for personal
injury or of the | ||||
beneficiary of an insurance policy on his or her life,
health, | ||||
or physical condition, or as authorized by Section 8-2001.5, | ||||
(4) in all actions brought by or against the
patient, his or | ||||
her personal representative, a beneficiary under a policy
of | ||||
insurance, or the executor or administrator of his or her | ||||
estate wherein
the patient's physical or mental condition is an | ||||
issue, (5) upon an issue
as to the validity of a document as a | ||
will of the patient, (6) in any
criminal action where the | ||
charge is either first degree murder by abortion,
attempted | ||
abortion or abortion, (7) in actions, civil or criminal, | ||
arising
from the filing of a report in compliance with the | ||
Abused and Neglected
Child Reporting Act, (8) to any | ||
department, agency, institution
or facility which has custody | ||
of the patient pursuant to State statute
or any court order of | ||
commitment, (9) in prosecutions where written
results of blood | ||
alcohol tests are admissible pursuant to Section 11-501.4
of | ||
the Illinois Vehicle Code, (10) in prosecutions where written
| ||
results of blood alcohol tests are admissible under Section | ||
5-11a of the
Boat Registration and Safety Act,
(11) in criminal | ||
actions arising from the filing of a report of suspected
| ||
terrorist offense in compliance with Section 29D-10(p)(7) of | ||
the Criminal Code
of 2012, or (12) upon the issuance of a | ||
subpoena pursuant to Section 38 of the Medical Practice Act of | ||
1987; the issuance of a subpoena pursuant to Section 25.1 of | ||
the Illinois Dental Practice Act; the issuance of a subpoena | ||
pursuant to Section 22 of the Nursing Home Administrators | ||
Licensing and Disciplinary Act; or the issuance of a subpoena | ||
pursuant to Section 25.5 of the Workers' Compensation Act; or | ||
(13) upon the issuance of a grand jury subpoena pursuant to | ||
Article 112 of the Code of Criminal Procedure of 1963. | ||
Upon disclosure under item (13) of this Section, in any | ||
criminal action where the charge is domestic battery, | ||
aggravated domestic battery, or an offense under Article 11 of | ||
the Criminal Code of 2012 or where the patient is under the age | ||
of 18 years or upon the request of the patient, the State's | ||
Attorney shall petition the court for a protective order | ||
pursuant to Supreme Court Rule 415.
| ||
In the event of a conflict between the application of this | ||
Section
and the Mental Health and Developmental Disabilities | ||
Confidentiality
Act to a specific situation, the provisions of | ||
the Mental Health and
Developmental Disabilities | ||
Confidentiality Act shall control.
| ||
(Source: P.A. 97-18, eff. 6-28-11; 97-623, eff. 11-23-11; | ||
97-813, eff. 7-13-12; 97-1150, eff. 1-25-13.)
| ||