98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4408
 
Introduced , by Rep. Robyn Gabel
 
SYNOPSIS AS INTRODUCED:
 

 



735 ILCS 5/8-802  from Ch. 110, par. 8-802

     Amends the Code of Civil Procedure. In the list of circumstances under which a physician or surgeon is permitted to disclose information acquired in
attending a patient in a professional character, provides that the physician or surgeon is permitted to disclose the information as otherwise provided by law.
  


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A BILL FOR
 

  
HB4408LRB098 17885 HEP 53009 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Code of Civil Procedure is amended  by 
5changing Section 8-802 as follows:
 



6    (735 ILCS 5/8-802)  (from Ch. 110, par. 8-802)


7    Sec. 8-802. Physician and patient. No physician or surgeon 
8shall be
permitted to disclose any information he or she may 
9have acquired in
attending any patient in a professional 
10character, necessary to enable him
or her professionally to 
11serve the patient, except only (1) in trials for
homicide when 
12the disclosure relates directly to the fact or immediate

13circumstances of the homicide, (2) in actions, civil or 
14criminal, against
the physician for malpractice, (3) with the 
15expressed consent of the
patient, or in case of his or her 
16death or disability, of his or her
personal representative or 
17other person authorized to sue for personal
injury or of the 
18beneficiary of an insurance policy on his or her life,
health, 
19or physical condition, or as authorized by Section 8-2001.5, 
20(4) in all actions brought by or against the
patient, his or 
21her personal representative, a beneficiary under a policy
of 
22insurance, or the executor or administrator of his or her 
23estate wherein
the patient's physical or mental condition is an 
 
 
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1issue, (5) upon an issue
as to the validity of a document as a 
2will of the patient, (6) in any
criminal action where the 
3charge is either first degree murder by abortion,
attempted 
4abortion or abortion, (7) in actions, civil or criminal, 
5arising
from the filing of a report in compliance with the 
6Abused and Neglected
Child Reporting Act, (8) to any 
7department, agency, institution
or facility which has custody 
8of the patient pursuant to State statute
or any court order of 
9commitment, (9) in prosecutions where written
results of blood 
10alcohol tests are admissible pursuant to Section 11-501.4
of 
11the Illinois Vehicle Code, (10) in prosecutions where written

12results of blood alcohol tests are admissible under Section 
135-11a of the
Boat Registration and Safety Act,
 (11) in criminal 
14actions arising from the filing of a report of suspected

15terrorist offense in compliance with Section 29D-10(p)(7) of 
16the Criminal Code
of 2012, or (12) upon the issuance of a 
17subpoena pursuant to Section 38 of the Medical Practice Act of 
181987; the issuance of a subpoena pursuant to Section 25.1 of 
19the Illinois Dental Practice Act; the issuance of a subpoena 
20pursuant to Section 22 of the Nursing Home Administrators 
21Licensing and Disciplinary Act; or the issuance of a subpoena 
22pursuant to Section 25.5 of the Workers' Compensation Act, or 
23(13) as otherwise required by law.

24    In the event of a conflict between the application of this 
25Section
and the Mental Health and Developmental Disabilities 
26Confidentiality
Act to a specific situation, the provisions of 
 
 
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1the Mental Health and
Developmental Disabilities 
2Confidentiality Act shall control.

3(Source: P.A. 97-18, eff. 6-28-11; 97-623, eff. 11-23-11; 
497-813, eff. 7-13-12; 97-1150, eff. 1-25-13.)