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91_HB1842
LRB9101673SMdv
1 AN ACT to amend the Code of Civil Procedure by changing
2 Sections 8-2001 and 8-2003.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Sections 8-2001 and 8-2003 as follows:
7 (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
8 (Text of Section WITH the changes made by P.A. 89-7,
9 which has been held unconstitutional)
10 Sec. 8-2001. Examination of records. Every private and
11 public hospital shall, upon the request of any patient who
12 has been treated in such hospital and after his or her
13 discharge therefrom, permit the patient or his or her
14 physician or authorized attorney or the holder of a Consent
15 pursuant to Section 2-1003 to examine the hospital records,
16 including but not limited to the history, bedside notes,
17 charts, pictures and plates, kept in connection with the
18 treatment of such patient, and permit copies of such records
19 to be made by him or her or his or her physician or
20 authorized attorney or the holder of a Consent pursuant to
21 Section 2-1003. A request for examination of the records
22 shall be in writing and shall be delivered to the
23 administrator of such hospital. If the hospital prepares
24 copies of the records, it shall not charge a fee in excess of
25 a $15 handling charge for processing the request for copies
26 and 35 cents per page for the copies.
27 The requirements of this Section shall be satisfied
28 within 60 days of the receipt of a request by a patient, for
29 his or her physician, authorized attorney, or own person or
30 the holder of a Consent pursuant to Section 2-1003.
31 Failure to comply with the time limit requirement of this
-2- LRB9101673SMdv
1 Section shall subject the denying party to expenses and
2 reasonable attorneys' fees incurred in connection with any
3 court ordered enforcement of the provisions of this Section.
4 This amendatory Act of 1995 applies to causes of action
5 filed on or after its effective date.
6 (Source: P.A. 89-7, eff. 3-9-95.)
7 (Text of Section WITHOUT the changes made by P.A. 89-7,
8 which has been held unconstitutional)
9 Sec. 8-2001. Examination of records. Every private and
10 public hospital shall, upon the request of any patient who
11 has been treated in such hospital and after his or her
12 discharge therefrom, permit the patient, his or her physician
13 or authorized attorney to examine the hospital records,
14 including but not limited to the history, bedside notes,
15 charts, pictures and plates, kept in connection with the
16 treatment of such patient, and permit copies of such records
17 to be made by him or her or his or her physician or
18 authorized attorney. A request for examination of the records
19 shall be in writing and shall be delivered to the
20 administrator of such hospital. If the hospital prepares
21 copies of the records, it shall not charge a fee in excess of
22 a $15 handling charge for processing the request for copies
23 and 35 cents per page for the copies.
24 The requirements of this Section shall be satisfied
25 within 60 days of the receipt of a request by a patient, for
26 his or her physician, authorized attorney, or own person.
27 Failure to comply with the time limit requirement of this
28 Section shall subject the denying party to expenses and
29 reasonable attorneys' fees incurred in connection with any
30 court ordered enforcement of the provisions of this Section.
31 (Source: P.A. 84-7.)
32 (735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003)
33 (Text of Section WITH the changes made by P.A. 89-7,
-3- LRB9101673SMdv
1 which has been held unconstitutional)
2 Sec. 8-2003. Physician's and other healthcare
3 practitioner's records. Every physician and other healthcare
4 practitioner except as provided in Section 8-2004, shall,
5 upon the request of any patient who has been treated by such
6 physician or practitioner, permit such patient's physician or
7 authorized attorney or the holder of a Consent pursuant to
8 Section 2-1003 to examine and copy the patient's records,
9 including but not limited to those relating to the diagnosis,
10 treatment, prognosis, history, charts, pictures and plates,
11 kept in connection with the treatment of such patient. Such
12 request for examining and copying of the records shall be in
13 writing and shall be delivered to such physician or
14 practitioner. Such written request shall be complied with by
15 the physician or practitioner within a reasonable time after
16 receipt by him or her at his or her office or any other place
17 designated by him or her. The physician or practitioner
18 shall be reimbursed by the person requesting such records at
19 the time of such examination or copying, for all reasonable
20 expenses incurred by the physician or practitioner in
21 connection with such examination or copying not to exceed a
22 $15 handling charge for processing the request for copies and
23 35 cents per page.
24 The requirements of this Section shall be satisfied
25 within 60 days of the receipt of a request by a patient or
26 his or her physician or authorized attorney or the holder of
27 a Consent pursuant to Section 2-1003.
28 Failure to comply with the time limit requirement of this
29 Section shall subject the denying party to expenses and
30 reasonable attorneys' fees incurred in connection with any
31 court ordered enforcement of the provisions of this Section.
32 This amendatory Act of 1995 applies to causes of action
33 filed on or after its effective date.
34 (Source: P.A. 89-7, eff. 3-9-95.)
-4- LRB9101673SMdv
1 (Text of Section WITHOUT the changes made by P.A. 89-7,
2 which has been held unconstitutional)
3 Sec. 8-2003. Physician's records. Every physician shall,
4 upon the request of any patient who has been treated by such
5 physician, permit such patient's physician or authorized
6 attorney to examine and copy the patient's records, including
7 but not limited to those relating to the diagnosis,
8 treatment, prognosis, history, charts, pictures and plates,
9 kept in connection with the treatment of such patient. Such
10 request for examining and copying of the records shall be in
11 writing and shall be delivered to such physician. Such
12 written request shall be complied with by the physician
13 within a reasonable time after receipt by him or her at his
14 or her office or any other place designated by him or her.
15 The physician shall be reimbursed by the person requesting
16 such records at the time of such examination or copying, for
17 all reasonable expenses incurred by the physician in
18 connection with such examination or copying not to exceed a
19 $15 handling charge for processing the request for copies and
20 35 cents per page.
21 The requirements of this Section shall be satisfied
22 within 60 days of the receipt of a request by a patient, his
23 or her physician or authorized attorney.
24 Failure to comply with the time limit requirement of this
25 Section shall subject the denying party to expenses and
26 reasonable attorneys' fees incurred in connection with any
27 court ordered enforcement of the provisions of this Section.
28 (Source: P.A. 84-7.)