Rep. Robyn Gabel
Filed: 3/5/2014
 
 


 




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1
AMENDMENT TO HOUSE BILL 4408




2 AMENDMENT NO. ______. Amend House Bill 4408 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Code of Civil Procedure is amended by 
5changing Section 8-802 as follows:




6 (735 ILCS 5/8-802) (from Ch. 110, par. 8-802)


7 Sec. 8-802. Physician and patient. No physician or surgeon 
8shall be
permitted to disclose any information he or she may 
9have acquired in
attending any patient in a professional 
10character, necessary to enable him
or her professionally to 
11serve the patient, except only (1) in trials for
homicide when 
12the disclosure relates directly to the fact or immediate

13circumstances of the homicide, (2) in actions, civil or 
14criminal, against
the physician for malpractice, (3) with the 
15expressed consent of the
patient, or in case of his or her 
16death or disability, of his or her
personal representative or 
 
 
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1other person authorized to sue for personal
injury or of the 
2beneficiary of an insurance policy on his or her life,
health, 
3or physical condition, or as authorized by Section 8-2001.5, 
4(4) in all actions brought by or against the
patient, his or 
5her personal representative, a beneficiary under a policy
of 
6insurance, or the executor or administrator of his or her 
7estate wherein
the patient's physical or mental condition is an 
8issue, (5) upon an issue
as to the validity of a document as a 
9will of the patient, (6) in any
criminal action where the 
10charge is either first degree murder by abortion,
attempted 
11abortion or abortion, (7) in actions, civil or criminal, 
12arising
from the filing of a report in compliance with the 
13Abused and Neglected
Child Reporting Act, (8) to any 
14department, agency, institution
or facility which has custody 
15of the patient pursuant to State statute
or any court order of 
16commitment, (9) in prosecutions where written
results of blood 
17alcohol tests are admissible pursuant to Section 11-501.4
of 
18the Illinois Vehicle Code, (10) in prosecutions where written

19results of blood alcohol tests are admissible under Section 
205-11a of the
Boat Registration and Safety Act,
(11) in criminal 
21actions arising from the filing of a report of suspected

22terrorist offense in compliance with Section 29D-10(p)(7) of 
23the Criminal Code
of 2012, or (12) upon the issuance of a 
24subpoena pursuant to Section 38 of the Medical Practice Act of 
251987; the issuance of a subpoena pursuant to Section 25.1 of 
26the Illinois Dental Practice Act; the issuance of a subpoena 
 
 
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1pursuant to Section 22 of the Nursing Home Administrators 
2Licensing and Disciplinary Act; or the issuance of a subpoena 
3pursuant to Section 25.5 of the Workers' Compensation Act; or 
4(13) to provide notification to the Department of Human 
5Services, pursuant to Section 8.1 of the Firearm Owners 
6Identification Card Act, of a determination that
the patient 
7poses a clear and present danger to himself, herself, or 
8others.

9 In the event of a conflict between the application of this 
10Section
and the Mental Health and Developmental Disabilities 
11Confidentiality
Act to a specific situation, the provisions of 
12the Mental Health and
Developmental Disabilities 
13Confidentiality Act shall control.

14(Source: P.A. 97-18, eff. 6-28-11; 97-623, eff. 11-23-11; 
1597-813, eff. 7-13-12; 97-1150, eff. 1-25-13.)".