Public Act 098-0954
 
SB3110 EnrolledLRB098 19508 HEP 55423 b

    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.)