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1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Code of Civil Procedure is amended by
5changing Sections 8-802 and 8-2001 and by adding Section
68-2001.5 as follows:
7    (735 ILCS 5/8-802)  (from Ch. 110, par. 8-802)
8    Sec. 8-802. Physician and patient. No physician or surgeon
9shall be permitted to disclose any information he or she may
10have acquired in attending any patient in a professional
11character, necessary to enable him or her professionally to
12serve the patient, except only (1) in trials for homicide when
13the disclosure relates directly to the fact or immediate
14circumstances of the homicide, (2) in actions, civil or
15criminal, against the physician for malpractice, (3) with the
16expressed consent of the patient, or in case of his or her
17death or disability, of his or her personal representative or
18other person authorized to sue for personal injury or of the
19beneficiary of an insurance policy on his or her life, health,
20or physical condition, or as authorized by Section 8-2001.5,
21(4) in all actions brought by or against the patient, his or
22her personal representative, a beneficiary under a policy of
23insurance, or the executor or administrator of his or her



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1estate wherein the patient's physical or mental condition is an
2issue, (5) upon an issue as to the validity of a document as a
3will of the patient, (6) in any criminal action where the
4charge is either first degree murder by abortion, attempted
5abortion or abortion, (7) in actions, civil or criminal,
6arising from the filing of a report in compliance with the
7Abused and Neglected Child Reporting Act, (8) to any
8department, agency, institution or facility which has custody
9of the patient pursuant to State statute or any court order of
10commitment, (9) in prosecutions where written results of blood
11alcohol tests are admissible pursuant to Section 11-501.4 of
12the Illinois Vehicle Code, (10) in prosecutions where written
13results of blood alcohol tests are admissible under Section
145-11a of the Boat Registration and Safety Act, (11) in criminal
15actions arising from the filing of a report of suspected
16terrorist offense in compliance with Section 29D-10(p)(7) of
17the Criminal Code of 1961, or (12) upon the issuance of a
18subpoena pursuant to Section 38 of the Medical Practice Act of
191987; the issuance of a subpoena pursuant to Section 25.1 of
20the Illinois Dental Practice Act; or the issuance of a subpoena
21pursuant to Section 22 of the Nursing Home Administrators
22Licensing and Disciplinary Act.
23    In the event of a conflict between the application of this
24Section and the Mental Health and Developmental Disabilities
25Confidentiality Act to a specific situation, the provisions of
26the Mental Health and Developmental Disabilities



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1Confidentiality Act shall control.
2(Source: P.A. 95-478, eff. 8-27-07.)
3    (735 ILCS 5/8-2001)  (from Ch. 110, par. 8-2001)
4    Sec. 8-2001. Examination of health care records.
5    (a) In this Section:
6    "Health care facility" or "facility" means a public or
7private hospital, ambulatory surgical treatment center,
8nursing home, independent practice association, or physician
9hospital organization, or any other entity where health care
10services are provided to any person. The term does not include
11a health care practitioner.
12    "Health care practitioner" means any health care
13practitioner, including a physician, dentist, podiatrist,
14advanced practice nurse, physician assistant, clinical
15psychologist, or clinical social worker. The term includes a
16medical office, health care clinic, health department, group
17practice, and any other organizational structure for a licensed
18professional to provide health care services. The term does not
19include a health care facility.
20    (b) Every private and public health care facility shall,
21upon the request of any patient who has been treated in such
22health care facility, or any person, entity, or organization
23presenting a valid authorization for the release of records
24signed by the patient or the patient's legally authorized
25representative, or as authorized by Section 8-2001.5, permit



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1the patient, his or her health care practitioner, authorized
2attorney, or any person, entity, or organization presenting a
3valid authorization for the release of records signed by the
4patient or the patient's legally authorized representative to
5examine the health care facility patient care records,
6including but not limited to the history, bedside notes,
7charts, pictures and plates, kept in connection with the
8treatment of such patient, and permit copies of such records to
9be made by him or her or his or her health care practitioner or
10authorized attorney.
11    (c) Every health care practitioner shall, upon the request
12of any patient who has been treated by the health care
13practitioner, or any person, entity, or organization
14presenting a valid authorization for the release of records
15signed by the patient or the patient's legally authorized
16representative, permit the patient and the patient's health
17care practitioner or authorized attorney, or any person,
18entity, or organization presenting a valid authorization for
19the release of records signed by the patient or the patient's
20legally authorized representative, to examine and copy the
21patient's records, including but not limited to those relating
22to the diagnosis, treatment, prognosis, history, charts,
23pictures and plates, kept in connection with the treatment of
24such patient.
25    (d) A request for copies of the records shall be in writing
26and shall be delivered to the administrator or manager of such



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1health care facility or to the health care practitioner. The
2person (including patients, health care practitioners and
3attorneys) requesting copies of records shall reimburse the
4facility or the health care practitioner at the time of such
5copying for all reasonable expenses, including the costs of
6independent copy service companies, incurred in connection
7with such copying not to exceed a $20 handling charge for
8processing the request and the actual postage or shipping
9charge, if any, plus: (1) for paper copies 75 cents per page
10for the first through 25th pages, 50 cents per page for the
1126th through 50th pages, and 25 cents per page for all pages in
12excess of 50 (except that the charge shall not exceed $1.25 per
13page for any copies made from microfiche or microfilm; records
14retrieved from scanning, digital imaging, electronic
15information or other digital format do not qualify as
16microfiche or microfilm retrieval for purposes of calculating
17charges); and (2) for electronic records, retrieved from a
18scanning, digital imaging, electronic information or other
19digital format in a electronic document, a charge of 50% of the
20per page charge for paper copies under subdivision (d)(1). This
21per page charge includes the cost of each CD Rom, DVD, or other
22storage media. Records already maintained in an electronic or
23digital format shall be provided in an electronic format when
24so requested. If the records system does not allow for the
25creation or transmission of an electronic or digital record,
26then the facility or practitioner shall inform the requester in



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1writing of the reason the records can not be provided
2electronically. The written explanation may be included with
3the production of paper copies, if the requester chooses to
4order paper copies. These rates shall be automatically adjusted
5as set forth in Section 8-2006. The facility or health care
6practitioner may, however, charge for the reasonable cost of
7all duplication of record material or information that cannot
8routinely be copied or duplicated on a standard commercial
9photocopy machine such as x-ray films or pictures.
10    (e) The requirements of this Section shall be satisfied
11within 30 days of the receipt of a written request by a patient
12or by his or her legally authorized representative, health care
13practitioner, authorized attorney, or any person, entity, or
14organization presenting a valid authorization for the release
15of records signed by the patient or the patient's legally
16authorized representative. If the facility or health care
17practitioner needs more time to comply with the request, then
18within 30 days after receiving the request, the facility or
19health care practitioner must provide the requesting party with
20a written statement of the reasons for the delay and the date
21by which the requested information will be provided. In any
22event, the facility or health care practitioner must provide
23the requested information no later than 60 days after receiving
24the request.
25    (f) A health care facility or health care practitioner must
26provide the public with at least 30 days prior notice of the



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1closure of the facility or the health care practitioner's
2practice. The notice must include an explanation of how copies
3of the facility's records may be accessed by patients. The
4notice may be given by publication in a newspaper of general
5circulation in the area in which the health care facility or
6health care practitioner is located.
7    (g) Failure to comply with the time limit requirement of
8this Section shall subject the denying party to expenses and
9reasonable attorneys' fees incurred in connection with any
10court ordered enforcement of the provisions of this Section.
11(Source: P.A. 94-155, eff. 1-1-06; 95-478, eff. 1-1-08 (changed
12from 8-27-07 by P.A. 95-480); 95-480, eff. 1-1-08.)
13    (735 ILCS 5/8-2001.5 new)
14    Sec. 8-2001.5. Authorization for release of a deceased
15patient's records.
16    (a) In addition to disclosure allowed under Section 8-802,
17a deceased person's health care records may be released upon
18written request of the executor or administrator of the
19deceased person's estate or to an agent appointed by the
20deceased under a power of attorney for health care. When no
21executor, administrator, or agent exists, and the person did
22not specifically object to disclosure of his or her records in
23writing, then a deceased person's health care records may be
24released upon the written request of:
25        (1) the deceased person's surviving spouse; or



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1        (2) if there is no surviving spouse, any one or more of
2    the following: (i) an adult son or daughter of the
3    deceased, (ii) a parent of the deceased, or (iii) an adult
4    brother or sister of the deceased.
5    (b) Health care facilities and practitioners are
6authorized to provide a copy of a deceased patient's records
7based upon a person's payment of the statutory fee and signed
8"Authorized Relative Certification", attesting to the fact
9that the person is authorized to receive such records under
10this Section.
11    (c) Any person who, in good faith, relies on a copy of an
12Authorized Relative Certification shall have the same
13immunities from criminal and civil liability as those who rely
14on a power of attorney for health care as provided by Illinois
16    (d) Upon request for records of a deceased patient, the
17named authorized relative shall provide the facility or
18practitioner with a certified copy of the death certificate and
19a certification in substantially the following form:

21    I, (insert name of authorized relative), certify that I am
22an authorized relative of the deceased (insert name of
23deceased). (A certified copy of the death certificate must be



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1    I certify that to the best of my knowledge and belief that
2no executor or administrator has been appointed for the
3deceased's estate, that no agent was authorized to act for the
4deceased under a power of attorney for health care, and the
5deceased has not specifically objected to disclosure in
7    I certify that I am the surviving spouse of the deceased;
9    I certify that there is no surviving spouse and my
10relationship to the deceased is (circle one):
11        (1) An adult son or daughter of the deceased.
12        (2) Either parent of the deceased.
13        (3) An adult brother or sister of the deceased.
14    This certification is made under penalty of perjury.*
15Dated: (insert date)
17(Print Authorized Relative's Name)
19(Authorized Relative's Signature)



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1(Authorized Relative's Address)
2*(Note: Perjury is defined in Section 32-2 of the Criminal Code
3of 1961, and is a Class 3 felony.)
4    Section 10. The Illinois Power of Attorney Act is amended
5by changing Section 4-3 as follows:
6    (755 ILCS 45/4-3)  (from Ch. 110 1/2, par. 804-3)
7    Sec. 4-3. General principles. The health care powers that
8may be delegated to an agent include, without limitation, all
9powers an individual may have to be informed about and to
10consent to or refuse or withdraw any type of health care for
11the individual and all powers a parent may have to control or
12consent to health care for a minor child. A health care agency
13may extend beyond the principal's death if necessary to permit
14anatomical gift, autopsy, or disposition of remains, or access
15to medical records. Nothing in this Article shall impair or
16supersede any legal right or legal responsibility which any
17person may have to effect the withholding or withdrawal of
18life-sustaining or death-delaying procedures in any lawful
19manner, and the provisions of this Article are cumulative in
20such respect.
21(Source: P.A. 85-701.)
22    Section 99. Effective date. This Act takes effect October
231, 2011.