Full Text of SB3110 98th General Assembly
SB3110sam001 98TH GENERAL ASSEMBLY | Sen. Michael E. Hastings Filed: 3/7/2014
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| 1 | | AMENDMENT TO SENATE BILL 3110
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3110 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Civil Procedure is amended by | 5 | | changing 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 | 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
| 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
| 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
| 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) upon the issuance of a grand jury subpoena pursuant to | 5 | | Article 112 of the Code of Criminal Procedure of 1963. | 6 | | Upon disclosure under item (13) of this Section, in any | 7 | | criminal action where the charge is domestic battery, | 8 | | aggravated domestic battery, criminal sexual assault, | 9 | | aggravated criminal sexual assault, predatory criminal sexual | 10 | | assault of a child, criminal sexual abuse, or aggravated | 11 | | criminal sexual abuse, the State's Attorney shall petition the | 12 | | court for a protective order pursuant to Supreme Court Rule | 13 | | 415 .
| 14 | | In the event of a conflict between the application of this | 15 | | Section
and the Mental Health and Developmental Disabilities | 16 | | Confidentiality
Act to a specific situation, the provisions of | 17 | | the Mental Health and
Developmental Disabilities | 18 | | Confidentiality Act shall control.
| 19 | | (Source: P.A. 97-18, eff. 6-28-11; 97-623, eff. 11-23-11; | 20 | | 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13.)".
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