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92nd General Assembly

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Public Act 92-0644

SB1705 Enrolled                                LRB9213320ACdv

    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 Section 8-2101 as follows:

    (735 ILCS 5/8-2101) (from Ch. 110, par. 8-2101)
    Sec.  8-2101.  Information  obtained.   All  information,
interviews, reports, statements, memoranda,  recommendations,
letters  of  reference  or  other  third  party  confidential
assessments  of  a  health  care  practitioner's professional
competence, or other  data  of  the  Illinois  Department  of
Public  Health,  local  health departments, the Department of
Human Services (as successor  to  the  Department  of  Mental
Health and Developmental Disabilities), the Mental Health and
Developmental  Disabilities  Medical  Review  Board, Illinois
State  Medical  Society,  allied  medical  societies,  health
maintenance  organizations,   medical   organizations   under
contract   with  health  maintenance  organizations  or  with
insurance  or  other  health  care   delivery   entities   or
facilities,   tissue   banks,   organ  procurement  agencies,
physician-owned insurance companies inter-insurance exchanges
and their agents, committees of ambulatory surgical treatment
centers or post-surgical recovery centers  or  their  medical
staffs,  or committees of licensed or accredited hospitals or
their  medical   staffs,   including   Patient   Care   Audit
Committees,  Medical  Care Evaluation Committees, Utilization
Review  Committees,  Credential  Committees   and   Executive
Committees,  or  their designees (but not the medical records
pertaining to the patient), used in the  course  of  internal
quality  control  or  of  medical  study  for  the purpose of
reducing morbidity or mortality,  or  for  improving  patient
care  or  increasing  organ  and  tissue  donation,  shall be
privileged, strictly confidential and shall be used only  for
medical  research,  increasing organ and tissue donation, the
evaluation and improvement  of  quality  care,  or  granting,
limiting  or  revoking  staff  privileges  or  agreements for
services, except that in any health maintenance  organization
proceeding  to  decide  upon  a  physician's  services or any
hospital or ambulatory surgical treatment  center  proceeding
to  decide  upon  a  physician's  staff privileges, or in any
judicial review of either, the claim of confidentiality shall
not be invoked to deny such physician access  to  or  use  of
data upon which such a decision was based.
(Source: P.A. 89-393, eff. 8-20-95; 89-507, eff. 7-1-97.)
    Passed in the General Assembly April 30, 2002.
    Approved July 11, 2002.
    Effective January 01, 2003.

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