Illinois Compiled Statutes
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735 ILCS 5/8-802
(735 ILCS 5/8-802)
(from Ch. 110, par. 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, (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, (13) upon the issuance of a grand jury subpoena pursuant to Article 112 of the Code of Criminal Procedure of 1963, or (14) to or through a health information exchange, as that term is defined in Section 2 of the Mental Health and Developmental Disabilities Confidentiality Act, in accordance with State or federal law.
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. 98-954, eff. 1-1-15; 98-1046, eff. 1-1-15; 99-78, eff. 7-20-15.)