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| 1 | AMENDMENT TO SENATE BILL 2295
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 2295 on page 1, | ||||||
| 3 | line 5, after "Sections", by inserting "8-802,"; and
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| 4 | on page 1, immediately below line 6, by inserting the | ||||||
| 5 | following:
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| 6 | "(735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
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| 7 | Sec. 8-802. Physician and patient. No physician or surgeon | ||||||
| 8 | shall be
permitted to disclose any information he or she may | ||||||
| 9 | have acquired in
attending any patient in a professional | ||||||
| 10 | character, necessary to enable him
or her professionally to | ||||||
| 11 | serve the patient, except only (1) in trials for
homicide when | ||||||
| 12 | the disclosure relates directly to the fact or immediate
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| 13 | circumstances of the homicide, (2) in actions, civil or | ||||||
| 14 | criminal, against
the physician for malpractice, (3) with the | ||||||
| 15 | expressed consent of the
patient, or in case of his or her | ||||||
| 16 | death or disability, of his or her
personal representative or | ||||||
| 17 | other person authorized to sue for personal
injury or of the | ||||||
| 18 | beneficiary of an insurance policy on his or her life,
health, | ||||||
| 19 | or physical condition, (4) in all actions brought by or against | ||||||
| 20 | the
patient, his or her personal representative, a beneficiary | ||||||
| 21 | under a policy
of insurance, or the executor or administrator | ||||||
| 22 | of his or her estate wherein
the patient's physical or mental | ||||||
| 23 | condition is an issue, (5) upon an issue
as to the validity of | ||||||
| 24 | a document as a will of the patient, (6) in any
criminal action | ||||||
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| 1 | where the charge is either first degree murder by abortion,
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| 2 | attempted abortion or abortion, (7) in actions, civil or | ||||||
| 3 | criminal, arising
from the filing of a report in compliance | ||||||
| 4 | with the Abused and Neglected
Child Reporting Act, (8) to any | ||||||
| 5 | department, agency, institution
or facility which has custody | ||||||
| 6 | of the patient pursuant to State statute
or any court order of | ||||||
| 7 | commitment, (9) in prosecutions where written
results of blood | ||||||
| 8 | alcohol tests are admissible pursuant to Section 11-501.4
of | ||||||
| 9 | the Illinois Vehicle Code, (10) in prosecutions where written
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| 10 | results of blood alcohol tests are admissible under Section | ||||||
| 11 | 5-11a of the
Boat Registration and Safety Act,
or (11) in | ||||||
| 12 | criminal actions arising from the filing of a report of | ||||||
| 13 | suspected
terrorist offense in compliance with Section | ||||||
| 14 | 29D-10(p)(7) of the Criminal Code
of 1961, or (12) upon the | ||||||
| 15 | issuance of a subpoena pursuant to Section 38 of the Medical | ||||||
| 16 | Practice Act of 1987; the issuance of a subpoena pursuant to | ||||||
| 17 | Section 25.1 of the Illinois Dental Practice Act; or the | ||||||
| 18 | issuance of a subpoena pursuant to Section 22 of the Nursing | ||||||
| 19 | Home Administrators Licensing and Disciplinary Act.
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| 20 | In the event of a conflict between the application of this | ||||||
| 21 | Section
and the Mental Health and Developmental Disabilities | ||||||
| 22 | Confidentiality
Act to a specific situation, the provisions of | ||||||
| 23 | the Mental Health and
Developmental Disabilities | ||||||
| 24 | Confidentiality Act shall control.
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| 25 | (Source: P.A. 87-803; 92-854, eff. 12-5-02.)".
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