Full Text of SB0472 95th General Assembly
SB0472eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by | 5 |
| changing Sections 8-802, 8-2001, 8-2003, and 8-2006 as follows:
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| (735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
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| 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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| 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 | 17 |
| other person authorized to sue for personal
injury or of the | 18 |
| beneficiary of an insurance policy on his or her life,
health, | 19 |
| or physical condition, (4) in all actions brought by or against | 20 |
| the
patient, his or her personal representative, a beneficiary | 21 |
| under a policy
of insurance, or the executor or administrator | 22 |
| of his or her estate wherein
the patient's physical or mental | 23 |
| condition is an issue, (5) upon an issue
as to the validity of |
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| a document as a will of the patient, (6) in any
criminal action | 2 |
| where the charge is either first degree murder by abortion,
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| attempted abortion or abortion, (7) in actions, civil or | 4 |
| criminal, arising
from the filing of a report in compliance | 5 |
| with the Abused and Neglected
Child Reporting Act, (8) to any | 6 |
| department, agency, institution
or facility which has custody | 7 |
| of the patient pursuant to State statute
or any court order of | 8 |
| commitment, (9) in prosecutions where written
results of blood | 9 |
| alcohol tests are admissible pursuant to Section 11-501.4
of | 10 |
| the Illinois Vehicle Code, (10) in prosecutions where written
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| results of blood alcohol tests are admissible under Section | 12 |
| 5-11a of the
Boat Registration and Safety Act,
or (11) in | 13 |
| criminal actions arising from the filing of a report of | 14 |
| suspected
terrorist offense in compliance with Section | 15 |
| 29D-10(p)(7) of the Criminal Code
of 1961 , or (12) upon the | 16 |
| issuance of a subpoena pursuant to Section 38 of the Medical | 17 |
| Practice Act of 1987; the issuance of a subpoena pursuant to | 18 |
| Section 25.1 of the Illinois Dental Practice Act; or the | 19 |
| issuance of a subpoena pursuant to Section 22 of the Nursing | 20 |
| Home Administrators Licensing and Disciplinary Act .
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| In the event of a conflict between the application of this | 22 |
| Section
and the Mental Health and Developmental Disabilities | 23 |
| Confidentiality
Act to a specific situation, the provisions of | 24 |
| the Mental Health and
Developmental Disabilities | 25 |
| Confidentiality Act shall control.
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| (Source: P.A. 87-803; 92-854, eff. 12-5-02.)
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| (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
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| Sec. 8-2001. Examination of records.
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| In this Section, "health care facility" or "facility" means | 4 |
| a public or
private hospital, ambulatory surgical treatment | 5 |
| center, nursing home,
independent practice association, or | 6 |
| physician hospital organization, or any
other entity where | 7 |
| health care services are provided to any person. The term
does | 8 |
| not include an organizational structure whose records are | 9 |
| subject to
Section 8-2003.
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| In this Part, "practitioner" means any health care | 11 |
| practitioner, including a physician, dentist, podiatrist, | 12 |
| advanced practice nurse, physician assistant, clinical | 13 |
| psychologist, or clinical social worker. The term includes a | 14 |
| medical office, health care clinic, health department, group | 15 |
| practice, and any other organizational structure for a licensed | 16 |
| professional to provide health care services. The term does not | 17 |
| include a health care facility as defined in this Section.
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| Every private and public health care facility shall, upon | 19 |
| the request of any
patient who has been treated in such health | 20 |
| care facility, or any person, entity, or organization | 21 |
| presenting a valid authorization for the release of records | 22 |
| signed by the patient or the patient's legally authorized | 23 |
| representative, permit the patient,
his or her healthcare | 24 |
| practitioner
physician ,
authorized attorney, or any person, | 25 |
| entity, or organization presenting a valid authorization for |
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| the release of records signed by the patient or the patient's | 2 |
| legally authorized representative to examine the health care | 3 |
| facility
patient care records,
including but not limited to the | 4 |
| history, bedside notes, charts, pictures
and plates, kept in | 5 |
| connection with the treatment of such patient, and
permit | 6 |
| copies of such records to be made by him or her or his or her
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| healthcare practitioner
physician or authorized attorney. A | 8 |
| request for copies of the records shall
be in writing and shall | 9 |
| be delivered to the administrator or manager of
such health | 10 |
| care facility. The health care facility shall be reimbursed by | 11 |
| the
person requesting copies of records at the time of such | 12 |
| copying for all
reasonable expenses, including the costs of | 13 |
| independent copy service companies,
incurred by the health care | 14 |
| facility in connection with such copying not to
exceed a $20 | 15 |
| handling charge for processing the
request for copies, and 75 | 16 |
| cents per page for the first through 25th pages, 50
cents per | 17 |
| page for the 26th through 50th pages, and 25 cents per page for | 18 |
| all
pages in excess of 50 (except that the charge shall not | 19 |
| exceed $1.25 per page
for any copies made from microfiche or | 20 |
| microfilm), and actual shipping costs.
These rates shall be | 21 |
| automatically adjusted as set forth in Section 8-2006.
The | 22 |
| health care facility may, however, charge for the
reasonable | 23 |
| cost of all duplication of
record material or information that | 24 |
| cannot routinely be copied or duplicated on
a standard | 25 |
| commercial photocopy machine such as x-ray films or pictures.
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| The requirements of this Section shall be satisfied within |
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| 30 days of the
receipt of a written request by a patient or by | 2 |
| his or her legally authorized
representative, healthcare | 3 |
| practitioner
physician ,
authorized attorney, or any person, | 4 |
| entity, or organization presenting a valid authorization for | 5 |
| the release of records signed by the patient or the patient's | 6 |
| legally authorized representative. If the health care facility
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| needs more time to comply with the request, then within 30 days | 8 |
| after receiving
the request, the facility must provide the | 9 |
| requesting party with a written
statement of the reasons for | 10 |
| the delay and the date by which the requested
information will | 11 |
| be provided. In any event, the facility must provide the
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| requested information no later than 60 days after receiving the | 13 |
| request.
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| A health care facility must provide the public with at | 15 |
| least 30 days prior
notice of the closure of the facility. The | 16 |
| notice must include an explanation
of how copies of the | 17 |
| facility's records may be accessed by patients. The
notice may | 18 |
| be given by publication in a newspaper of general circulation | 19 |
| in the
area in which the health care facility is located.
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| Failure to comply with the time limit requirement of this | 21 |
| Section shall
subject the denying party to expenses and | 22 |
| reasonable attorneys' fees
incurred in connection with any | 23 |
| court ordered enforcement of the provisions
of this Section.
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| (Source: P.A. 93-87, eff. 7-2-03; 94-155, eff. 1-1-06.)
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| (735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003)
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LRB095 05619 AJO 25709 b |
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| Sec. 8-2003. Records of health care practitioners.
In
this | 2 |
| Section, "practitioner" means any health care practitioner, | 3 |
| including a
physician, dentist, podiatrist, advanced practice | 4 |
| nurse, physician
assistant, clinical psychologist, or clinical | 5 |
| social worker. The
term includes a medical
office, health care | 6 |
| clinic, health department, group practice, and any
other | 7 |
| organizational structure for a licensed professional to | 8 |
| provide health
care services. The term does not include a | 9 |
| health care facility as defined in
Section 8-2001.
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| Every practitioner shall, upon the request of any patient
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| who has been treated by such practitioner, or any person, | 12 |
| entity, or organization presenting a valid authorization for | 13 |
| the release of records signed by the patient or the patient's | 14 |
| legally authorized representative, permit the
patient
and the | 15 |
| patient's practitioner or authorized attorney , or any person, | 16 |
| entity, or organization presenting a valid authorization for | 17 |
| the release of records signed by the patient or the patient's | 18 |
| legally authorized representative, to examine and copy the
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| patient's records, including but not limited to those relating | 20 |
| to the
diagnosis, treatment, prognosis, history, charts, | 21 |
| pictures and plates, kept in
connection with the treatment of | 22 |
| such patient. Such request for examining and
copying of the | 23 |
| records shall be in writing and shall be delivered to such | 24 |
| practitioner. Such written request shall be complied with by
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| the practitioner within a reasonable time after receipt by him | 26 |
| or
her
at his or her office or any other place designated by |
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| him or her.
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| The requirements of this Section shall be satisfied within | 3 |
| 30 days of the
receipt of a written request.
If the | 4 |
| practitioner needs more time to comply with the request,
then
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| within 30 days after receiving the request, the practitioner | 6 |
| must
provide the requesting party with a
written statement of | 7 |
| the reasons for the delay and the date by which the
requested | 8 |
| information will be provided. In any event, the practitioner | 9 |
| must
provide the requested information no later than 60 days | 10 |
| after
receiving the request.
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| The practitioner shall be reimbursed by the person
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| requesting
such
records at the time of such copying, for all | 13 |
| reasonable expenses, including
the costs of independent copy | 14 |
| service companies, incurred by the
practitioner in connection | 15 |
| with such copying not to exceed a $20 handling
charge for | 16 |
| processing the request for copies, and 75 cents per page for | 17 |
| the
first through 25th pages, 50 cents per page for the 26th | 18 |
| through 50th pages,
and 25 cents per page for all pages in | 19 |
| excess of 50 (except that the charge
shall not exceed $1.25 per | 20 |
| page for any copies made from microfiche or
microfilm), and | 21 |
| actual shipping costs.
These rates shall be automatically
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| adjusted as set forth in Section 8-2006. The physician or other | 23 |
| practitioner
may, however, charge for the reasonable cost of | 24 |
| all duplication of record
material or information that cannot | 25 |
| routinely be copied or duplicated on a
standard commercial | 26 |
| photocopy machine such as x-ray films or pictures.
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SB0472 Engrossed |
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LRB095 05619 AJO 25709 b |
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| A health care practitioner must provide the public with at | 2 |
| least 30 days
prior notice
of the closure of the practitioner's | 3 |
| practice. The notice must include an
explanation of how copies | 4 |
| of the practitioner's records may be accessed by
patients. The | 5 |
| notice may be given by publication in a newspaper of general
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| circulation in
the area
in which the health care practitioner's | 7 |
| practice is located.
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| Failure to comply with the time limit requirement of this | 9 |
| Section shall
subject the denying party to expenses and | 10 |
| reasonable attorneys' fees
incurred in connection with any | 11 |
| court ordered enforcement of the provisions
of this Section.
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| (Source: P.A. 92-228, eff. 9-1-01; 93-87, eff. 7-2-03.)
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| (735 ILCS 5/8-2006)
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| Sec. 8-2006. Copying fees; adjustment for inflation. | 15 |
| Beginning in
2003, every January 20, the copying fee limits | 16 |
| established in Sections 8-2001,
8-2003, 8-2004, and 8-2005 | 17 |
| shall automatically be increased or decreased, as
applicable, | 18 |
| by a percentage equal to the percentage change in the consumer
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| price index-u during the preceding 12-month calendar year. | 20 |
| "Consumer price
index-u" means the index published by the | 21 |
| Bureau of Labor Statistics of the
United States Department of | 22 |
| Labor that measures the average change in
prices of goods and | 23 |
| services purchased by all urban consumers, United
States city | 24 |
| average, all items, 1982-84 = 100. The new amount resulting
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| from each annual adjustment shall be determined by the |
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| Comptroller and
made available to the public via the | 2 |
| Comptroller's official website by January 31 of every year.
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| (Source: P.A. 94-982, eff. 6-30-06.)
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