§ 5/8-802 Physician and patient

Codes > Illinois Compiled Statutes > Chapter 735 > Act 5 : Article VIII > Part 8 : 5/8-802 Physician

§ 8-802. Physician and patient.

    No physician or surgeon shall be permitted to disclose any information he or she may have acquired in attending any patient in a professional character, necessary to enable him or her professionally to serve the patient, except only

    (1) in trials for homicide when the disclosure relates directly to the fact or immediate circumstances of the homicide,

    (2) in actions, civil or criminal, against the physician for malpractice, (3) with the expressed consent of the patient, or in case of his or her death or disability, of his or her personal representative or other person authorized to sue for personal injury or of the beneficiary of an insurance policy on his or her life, health, or physical condition, (4) in all actions brought by or against the patient, his or her personal representative, a beneficiary under a policy of insurance, or the executor or administrator of his or her estate wherein the patient's physical or mental condition is an issue, (5) upon an issue as to the validity of a document as a will of the patient, (6) in any criminal action where the charge is either first degree murder by abortion, attempted abortion or abortion, (7) in actions, civil or criminal, arising from the filing of a report in compliance with the Abused and Neglected Child Reporting Act, [FN1] (8) to any department, agency, institution or facility which has custody of the patient pursuant to State statute or any court order of commitment, (9) in prosecutions where written results of blood alcohol tests are admissible pursuant to Section 11-501.4 of the Illinois Vehicle Code, [FN2] (10) in prosecutions where written results of blood alcohol tests are admissible under Section 5-11aof the Boat Registration and Safety Act, [FN3] (11) in criminal actions arising from the filing of a report of suspected terrorist offense in compliance with Section 29D-10(p)(7) of the Criminal Code of 1961, [FN4] or (12) upon the issuance of a subpoena pursuant to Section 38 of the Medical Practice Act of 1987; the issuance of a subpoena pursuant to Section 25.1 of the Illinois Dental Practice Act; or the issuance of a subpoena pursuant to Section 22 of the Nursing Home Administrators Licensing and Disciplinary Act.

    In the event of a conflict between the application of this Section and the Mental Health and Developmental Disabilities Confidentiality Act [FN5] to a specific situation, the provisions of the Mental Health and Developmental Disabilities Confidentiality Act shall control.

    [FN1] 325 ILCS 5/1 et seq.

    [FN2] 625 ILCS 5/11-501.4.

    [FN3] 625 ILCS 45/5-11a (renumbered as 625 ILCS 45/5-16a).

    [FN4] 720 ILCS 5/29D-10.
       

    [FN5] 740 ILCS 110/1 et seq.

    VALIDITY

    Public Act 89-7, which amended this section, has been held unconstitutional in its entirety by the Illinois Supreme Court in the case of Best v. Taylor Machine Works, 1997, 689 N.E.2d 1057, 228 Ill.Dec. 636, 179 Ill.2d 367. Later amendments did not included the amendment by P.A. 89-7.