(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.)
(735 ILCS 5/8-802.1)
(from Ch. 110, par. 8-802.1)
Confidentiality of Statements Made to Rape Crisis Personnel.
(a) Purpose. This Section is intended to protect victims of rape from
disclosure of statements they make in confidence to counselors of organizations
established to help them. On or after July 1, 1984, "rape" means an act of
forced sexual penetration or sexual conduct, as defined in Section 11-0.1 of
the Criminal Code of 2012, including acts prohibited under
Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012.
Because of the fear and stigma that often results from those crimes, many
victims hesitate to seek help even where it is available at no cost to them.
As a result they not only fail to receive needed medical care and emergency
counseling, but may lack the psychological support necessary to report the
crime and aid police in preventing future crimes.
(b) Definitions. As used in this Act:
(1) "Rape crisis organization" means any organization
or association the major purpose of which is providing information, counseling, and psychological support to victims of any or all of the crimes of aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual assault, sexual relations between siblings, criminal sexual abuse and aggravated criminal sexual abuse.
(2) "Rape crisis counselor" means a person who is a
psychologist, social worker, employee, or volunteer in any organization or association defined as a rape crisis organization under this Section, who has undergone 40 hours of training and is under the control of a direct services supervisor of a rape crisis organization.
(3) "Victim" means a person who is the subject of, or
who seeks information, counseling, or advocacy services as a result of an aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual assault, sexual relations within families, criminal sexual abuse, aggravated criminal sexual abuse, sexual exploitation of a child, indecent solicitation of a child, public indecency, exploitation of a child, promoting juvenile prostitution as described in subdivision (a)(4) of Section 11-14.4, or an attempt to commit any of these offenses.
(4) "Confidential communication" means any
communication between a victim and a rape crisis counselor in the course of providing information, counseling, and advocacy. The term includes all records kept by the counselor or by the organization in the course of providing services to an alleged victim concerning the alleged victim and the services provided.
(c) Waiver of privilege.
(1) The confidential nature of the communication is
not waived by: the presence of a third person who further expresses the interests of the victim at the time of the communication; group counseling; or disclosure to a third person with the consent of the victim when reasonably necessary to accomplish the purpose for which the counselor is consulted.
(2) The confidential nature of counseling records is
not waived when: the victim inspects the records; or in the case of a minor child less than 12 years of age, a parent or guardian whose interests are not adverse to the minor inspects the records; or in the case of a minor victim 12 years or older, a parent or guardian whose interests are not adverse to the minor inspects the records with the victim's consent, or in the case of an adult who has a guardian of his or her person, the guardian inspects the records with the victim's consent.
(3) When a victim is deceased, the executor or
administrator of the victim's estate may waive the privilege established by this Section, unless the executor or administrator has an interest adverse to the victim.
(4) A minor victim 12 years of age or older may
knowingly waive the privilege established in this Section. When a minor is, in the opinion of the Court, incapable of knowingly waiving the privilege, the parent or guardian of the minor may waive the privilege on behalf of the minor, unless the parent or guardian has been charged with a violent crime against the victim or otherwise has any interest adverse to that of the minor with respect to the waiver of the privilege.
(5) An adult victim who has a guardian of his or her
person may knowingly waive the privilege established in this Section. When the victim is, in the opinion of the court, incapable of knowingly waiving the privilege, the guardian of the adult victim may waive the privilege on behalf of the victim, unless the guardian has been charged with a violent crime against the victim or otherwise has any interest adverse to the victim with respect to the privilege.
(d) Confidentiality. Except as provided in this Act, no rape crisis
counselor shall disclose any confidential communication or be examined as a
witness in any civil or criminal proceeding as to any confidential
communication without the written consent of the victim or a representative of
the victim as provided in subparagraph (c).
(e) A rape crisis counselor may disclose a confidential communication
without the consent of the victim if failure to disclose is likely to
result in a clear, imminent risk of serious physical injury or death of the
victim or another person. Any rape crisis counselor or rape crisis
organization participating in good faith in the disclosing of records and
communications under this Act shall have immunity from any liability,
civil, criminal, or otherwise that might result from the action.
In any proceeding, civil or criminal, arising out of a disclosure under
this Section, the good faith of any rape crisis counselor
or rape crisis organization who disclosed the confidential communication
shall be presumed.
(f) Any rape crisis counselor who knowingly discloses any confidential
communication in violation of this Act commits a Class C misdemeanor.
(Source: P.A. 96-1010, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(735 ILCS 5/8-803.5)
Union agent and union member.
(a) Except when required in subsection (b) of this Section, a union agent, during the agency or representative relationship or after termination of the agency or representative relationship with the bargaining unit member, shall not be compelled to disclose, in any court or to any administrative board or agency arbitration or proceeding, whether civil or criminal, any information he or she may have acquired in attending to his or her professional duties or while acting in his or her representative capacity.
(b) A union agent may use or reveal information obtained during the course of fulfilling his or her professional representative duties:
(1) to the extent it appears necessary to prevent the
commission of a crime that is likely to result in a clear, imminent risk of serious physical injury or death of another person;
(2) in actions, civil or criminal, against the union
agent in his or her personal or official representative capacity, or against the local union or subordinate body thereof or international union or affiliated or subordinate body thereof or any agent thereof in their personal or official representative capacities;
(3) when required by court order; or
(4) when, after full disclosure has been provided,
the written or oral consent of the bargaining unit member has been obtained or, if the bargaining unit member is deceased or has been adjudged incompetent by a court of competent jurisdiction, the written or oral consent of the bargaining unit member's estate.
(c) In the event of a conflict between the application of this Section and any federal or State labor law to a specific situation, the provisions of the federal or State labor law shall control.
(Source: P.A. 94-22, eff. 1-1-06.)
(735 ILCS 5/8-804)
(a) This Section is intended to protect students at higher education institutions in this State who are survivors of sexual violence from public disclosure of communications they make in confidence to confidential advisors. Because of the fear, stigma, and trauma that often result from incidents of sexual violence, many survivors hesitate to report or seek help, even when it is available at no cost to them. As a result, they not only fail to receive needed medical care and emergency counseling, but may lack the psychological support necessary to report the incident of sexual violence to the higher education institution or law enforcement.
(b) In this Section:
"Confidential advisor" means a person who is employed or contracted by a higher education institution to provide emergency and ongoing support to survivors of sexual violence with the training, duties, and responsibilities described in Section 20 of the Preventing Sexual Violence in Higher Education Act.
"Higher education institution" means a public university, a public community college, or an independent, not-for-profit or for-profit higher education institution located in this State.
"Sexual violence" means physical sexual acts attempted or perpetrated against a person's will or when a person is incapable of giving consent, including without limitation rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.
"Survivor" means a student who has experienced sexual violence while enrolled at a higher education institution.
(c) All communications between a confidential advisor and a survivor pertaining to an incident of sexual violence shall remain confidential, unless the survivor consents to the disclosure of the communication in writing, the disclosure falls within one of the exceptions outlined in subsection (d) of this Section, or failure to disclose the communication would violate State or federal law. Communications include all records kept by the confidential advisor in the course of providing the survivor with services related to the incident of sexual violence.
(d) The confidential advisor may disclose confidential communications between the confidential advisor and the survivor if failure to disclose would result in a clear, imminent risk of serious physical injury to or death of the survivor or another person.
The confidential advisor shall have no obligation to report crimes to the higher education institution or law enforcement, except to report to the Title IX coordinator, as defined by Title IX of the federal Education Amendments of 1972, on a monthly basis the number and type of incidents of sexual violence reported exclusively to the confidential advisor in accordance with the higher education institution's reporting requirements under subsection (b) of Section 9.21 of the Board of Higher Education Act and under federal law.
If, in any judicial proceeding, a party alleges that the communications are necessary to the determination of any issue before the court and written consent to disclosure has not been given, the party may ask the court to consider ordering the disclosure of the communications. In such a case, communications may be disclosed if the court finds, after in camera examination of the communication, that the communication is relevant, probative, and not unduly prejudicial or inflammatory or is otherwise clearly admissible; that other evidence is demonstrably unsatisfactory as evidence of the facts sought to be established by the communication or communications; and that disclosure is more important to the interests of substantial justice than protection from injury to the confidential advisor-survivor relationship, to the survivor, or to any other individual whom disclosure is likely to harm.
(e) This privilege shall not preclude an individual from asserting a greater privilege under federal or State law that applies.
(Source: P.A. 99-426, eff. 8-21-15.)