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Rep. Robyn Gabel
Filed: 3/5/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4408
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| 2 | | AMENDMENT NO. ______. Amend House Bill 4408 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Code of Civil Procedure is amended by |
| 5 | | changing Section 8-802 as follows:
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| 6 | | (735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
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| 7 | | Sec. 8-802. Physician and patient. No physician or surgeon |
| 8 | | shall be
permitted to disclose any information he or she may |
| 9 | | have acquired in
attending any patient in a professional |
| 10 | | character, necessary to enable him
or her professionally to |
| 11 | | serve the patient, except only (1) in trials for
homicide when |
| 12 | | the disclosure relates directly to the fact or immediate
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| 13 | | circumstances of the homicide, (2) in actions, civil or |
| 14 | | criminal, against
the physician for malpractice, (3) with the |
| 15 | | expressed consent of the
patient, or in case of his or her |
| 16 | | death or disability, of his or her
personal representative or |
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| 1 | | other person authorized to sue for personal
injury or of the |
| 2 | | beneficiary of an insurance policy on his or her life,
health, |
| 3 | | or physical condition, or as authorized by Section 8-2001.5, |
| 4 | | (4) in all actions brought by or against the
patient, his or |
| 5 | | her personal representative, a beneficiary under a policy
of |
| 6 | | insurance, or the executor or administrator of his or her |
| 7 | | estate wherein
the patient's physical or mental condition is an |
| 8 | | issue, (5) upon an issue
as to the validity of a document as a |
| 9 | | will of the patient, (6) in any
criminal action where the |
| 10 | | charge is either first degree murder by abortion,
attempted |
| 11 | | abortion or abortion, (7) in actions, civil or criminal, |
| 12 | | arising
from the filing of a report in compliance with the |
| 13 | | Abused and Neglected
Child Reporting Act, (8) to any |
| 14 | | department, agency, institution
or facility which has custody |
| 15 | | of the patient pursuant to State statute
or any court order of |
| 16 | | commitment, (9) in prosecutions where written
results of blood |
| 17 | | alcohol tests are admissible pursuant to Section 11-501.4
of |
| 18 | | the Illinois Vehicle Code, (10) in prosecutions where written
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| 19 | | results of blood alcohol tests are admissible under Section |
| 20 | | 5-11a of the
Boat Registration and Safety Act,
(11) in criminal |
| 21 | | actions arising from the filing of a report of suspected
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| 22 | | terrorist offense in compliance with Section 29D-10(p)(7) of |
| 23 | | the Criminal Code
of 2012, or (12) upon the issuance of a |
| 24 | | subpoena pursuant to Section 38 of the Medical Practice Act of |
| 25 | | 1987; the issuance of a subpoena pursuant to Section 25.1 of |
| 26 | | the Illinois Dental Practice Act; the issuance of a subpoena |
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| 1 | | pursuant to Section 22 of the Nursing Home Administrators |
| 2 | | Licensing and Disciplinary Act; or the issuance of a subpoena |
| 3 | | pursuant to Section 25.5 of the Workers' Compensation Act; or |
| 4 | | (13) to provide notification to the Department of Human |
| 5 | | Services, pursuant to Section 8.1 of the Firearm Owners |
| 6 | | Identification Card Act, of a determination that
the patient |
| 7 | | poses a clear and present danger to himself, herself, or |
| 8 | | others.
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| 9 | | In the event of a conflict between the application of this |
| 10 | | Section
and the Mental Health and Developmental Disabilities |
| 11 | | Confidentiality
Act to a specific situation, the provisions of |
| 12 | | the Mental Health and
Developmental Disabilities |
| 13 | | Confidentiality Act shall control.
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| 14 | | (Source: P.A. 97-18, eff. 6-28-11; 97-623, eff. 11-23-11; |
| 15 | | 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13.)".
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