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Public Act 92-0228
SB721 Enrolled LRB9203558WHcs
AN ACT concerning civil procedure.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Sections 8-2001, 8-2003, and 8-2004, changing the
heading of Part 20 of Article VIII, and adding Sections
8-2005 and 8-2006 as follows:
(735 ILCS 5/Art. 8, Part 20 heading)
Part 20. Inspection of Hospital Records
(735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
(Text of Section WITHOUT the changes made by P.A. 89-7,
which has been held unconstitutional)
Sec. 8-2001. Examination of records. Every private and
public hospital shall, upon the request of any patient who
has been treated in such hospital and after his or her
discharge therefrom, permit the patient, his or her physician
or authorized attorney to examine the hospital records,
including but not limited to the history, bedside notes,
charts, pictures and plates, kept in connection with the
treatment of such patient, and permit copies of such records
to be made by him or her or his or her physician or
authorized attorney. A request for copies examination of the
records shall be in writing and shall be delivered to the
administrator of such hospital. The hospital shall be
reimbursed by the person requesting copies of records at the
time of such copying for all reasonable expenses, including
the costs of independent copy service companies, incurred by
the hospital in connection with such copying not to exceed a
$20 handling charge for processing the request for copies,
and 75 cents per page for the first through 25th pages, 50
cents per page for the 26th through 50th pages, and 25 cents
per page for all pages in excess of 50 (except that the
charge shall not exceed $1.25 per page for any copies made
from microfiche or microfilm), and actual shipping costs.
These rates shall be automatically adjusted as set forth in
Section 8-2006. The hospital may, however, charge for the
reasonable cost of all duplication of record material or
information that cannot routinely be copied or duplicated on
a standard commercial photocopy machine such as x-ray films
or pictures.
The requirements of this Section shall be satisfied
within 60 days of the receipt of a request by a patient, for
his or her physician, authorized attorney, or own person.
Failure to comply with the time limit requirement of this
Section shall subject the denying party to expenses and
reasonable attorneys' fees incurred in connection with any
court ordered enforcement of the provisions of this Section.
(Source: P.A. 84-7.)
(735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003)
(Text of Section WITHOUT the changes made by P.A. 89-7,
which has been held unconstitutional)
Sec. 8-2003. Physician's Records of physicians and other
health care practitioners. In this Section, "practitioner"
means any health care practitioner other than a physician,
clinical psychologist, or clinical social worker.
Every physician and practitioner shall, upon the request
of any patient who has been treated by such physician or
practitioner, permit such patient's physician, practitioner,
or authorized attorney to examine and copy the patient's
records, including but not limited to those relating to the
diagnosis, treatment, prognosis, history, charts, pictures
and plates, kept in connection with the treatment of such
patient. Such request for examining and copying of the
records shall be in writing and shall be delivered to such
physician or practitioner. Such written request shall be
complied with by the physician or practitioner within a
reasonable time after receipt by him or her at his or her
office or any other place designated by him or her. The
physician or practitioner shall be reimbursed by the person
requesting such records at the time of such examination or
copying, for all reasonable expenses, including the costs of
independent copy service companies, incurred by the physician
or practitioner in connection with such examination or
copying not to exceed a $20 handling charge for processing
the request for copies, and 75 cents per page for the first
through 25th pages, 50 cents per page for the 26th through
50th pages, and 25 cents per page for all pages in excess of
50 (except that the charge shall not exceed $1.25 per page
for any copies made from microfiche or microfilm), and actual
shipping costs. These rates shall be automatically adjusted
as set forth in Section 8-2006. The physician or other
practitioner may, however, charge for the reasonable cost of
all duplication of record material or information that cannot
routinely be copied or duplicated on a standard commercial
photocopy machine such as x-ray films or pictures.
The requirements of this Section shall be satisfied
within 60 days of the receipt of a request by a patient or,
his or her physician, practitioner, or authorized attorney.
Failure to comply with the time limit requirement of this
Section shall subject the denying party to expenses and
reasonable attorneys' fees incurred in connection with any
court ordered enforcement of the provisions of this Section.
(Source: P.A. 84-7.)
(735 ILCS 5/8-2004) (from Ch. 110, par. 8-2004)
(Text of Section WITHOUT the changes made by P.A. 89-7,
which has been held unconstitutional)
Sec. 8-2004. Records of clinical psychologists and
clinical social workers. Except where the clinical
psychologist or clinical social worker consents, records of a
clinical psychologist or clinical social worker regulated in
this State, relating to psychological services or social work
services, shall not be examined or copied by a patient,
unless otherwise ordered by the court for good cause shown.
For the purpose of obtaining records, the patient or his or
her authorized agent may apply to the circuit court of the
county in which the patient resides or the county in which
the clinical psychologist or clinical social worker resides.
The clinical psychologist or clinical social worker shall be
reimbursed by the person requesting the records at the time
of the examination or copying, for all reasonable expenses,
including the costs of independent copy service companies,
incurred by the clinical psychologist or clinical social
worker in connection with the examination or copying, not to
exceed a $20 handling charge for processing the request for
copies, and 75 cents per page for the first through 25th
pages, 50 cents per page for the 26th through 50th pages, and
25 cents per page for all pages in excess of 50 (except that
the charge shall not exceed $1.25 per page for any copies
made from microfiche or microfilm), and actual shipping
costs. These rates shall be automatically adjusted as set
forth in Section 8-2006. The clinical psychologist or
clinical social worker may, however, charge for the
reasonable cost of all duplication of record material or
information that cannot routinely be copied or duplicated or
a standard commercial photocopy machine such as pictures.
(Source: P.A. 87-530.)
(735 ILCS 5/8-2005 new)
Sec. 8-2005. Attorney's records. This Section applies
only if a client and his or her authorized attorney have
complied with all applicable legal requirements regarding
examination and copying of client files, including but not
limited to satisfaction of expenses and attorney retaining
liens.
Upon the request of a client, an attorney shall permit
the client's authorized attorney to examine and copy the
records kept by the attorney in connection with the
representation of the client, with the exception of attorney
work product. The request for examination and copying of the
records shall be in writing and shall be delivered to the
attorney. Within a reasonable time after the attorney
receives the written request, the attorney shall comply with
the written request at his or her office or any other place
designated by him or her. At the time of copying, the person
requesting the records shall reimburse the attorney for all
reasonable expenses, including the costs of independent copy
service companies, incurred by the attorney in connection
with the copying not to exceed a $20 handling charge for
processing the request for copies, and 75 cents per page for
the first through 25th pages, 50 cents per page for the 26th
through 50th pages, and 25 cents per page for all pages in
excess of 50 (except that the charge shall not exceed $1.25
per page for any copies made from microfiche or microfilm),
and actual shipping costs. These rates shall be automatically
adjusted as set forth in Section 8-2006. The attorney may,
however, charge for the reasonable cost of all duplication of
record material or information that cannot routinely be
copied or duplicated on a standard commercial photocopy
machine such as pictures.
An attorney shall satisfy the requirements of this
Section within 60 days after he or she receives a request
from a client or his or her authorized attorney. An attorney
who fails to comply with the time limit requirement of this
Section shall be required to pay expenses and reasonable
attorney's fees incurred in connection with any court-ordered
enforcement of the requirements of this Section.
(735 ILCS 5/8-2006 new)
Sec. 8-2006. Copying fees; adjustment for inflation.
Beginning in 2003, every January 20, the copying fee limits
established in Sections 8-2001, 8-2003, 8-2004, and 8-2005
shall automatically be increased or decreased, as applicable,
by a percentage equal to the percentage change in the
consumer price index-u during the preceding 12-month calendar
year. "Consumer price index-u" means the index published by
the Bureau of Labor Statistics of the United States
Department of Labor that measures the average change in
prices of goods and services purchased by all urban
consumers, United States city average, all items, 1982-84 =
100. The new amount resulting from each annual adjustment
shall be determined by the Comptroller and made available to
the public on January 20 of every year.
Section 99. Effective date. This Act takes effect 30
days after becoming law.
Passed in the General Assembly May 08, 2001.
Approved August 02, 2001.
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