Illinois Compiled Statutes

735 ILCS 5/8-2102 (2026)

Admissibility as evidence

✓ current as of May 2026
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(735 ILCS 5/8-2102) (from Ch. 110, par. 8-2102)
    Sec. 8-2102. Admissibility as evidence. Such information, records, reports, statements, notes, memoranda, or other data, shall not be admissible as evidence, nor discoverable in any action of any kind in any court or before any tribunal, board, agency or person. The disclosure of any such information or data, whether proper, or improper, shall not waive or have any effect upon its confidentiality, nondiscoverability, or nonadmissability.
(Source: P.A. 85-907.)

    
Notes of Decisions
Cited in 21 cases (2 in the last 5 years), 1998–2024 · leading case: Klaine v. S. Illinois Hosp. Servs., 2014 IL App (5th) 130356 (Ill. App. Ct. 2014).
Klaine v. S. Illinois Hosp. Servs., 2014 IL App (5th) 130356 (Ill. App. Ct. 2014). · cites it 8× “of the Illinois Health Care Professional Credentials Data Collection Act (the Data Collection Act) (410 ILCS 517/15(h) (West 2012)); and, in the alternative (3) whether certain information within the applications for staff privileges should be redacted because the information is…”
Obermeier v. Nw. Mem'l Hosp., 2019 IL App (1st) 170553 (Ill. App. Ct. 2019). “735 ILCS 5/8-2102 (West 2016). ¶ 89 The purpose of the MSA is “to encourage candid and voluntary studies and programs used to improve hospital conditions and patient care or to reduce the rates of death and disease.”
Frigo v. Silver Cross Hosp. & Med. Ctr., 876 N.E.2d 697 (Ill. App. Ct. 2007). “The Act further provides: "Such information, records, reports, statements, notes, memoranda, or other data, shall not be admissible as evidence, nor discoverable in any action of any kind in any court or before any tribunal, board, agency or person.”
Ardisana v. Nw. Cmty. Hosp., Inc., 795 N.E.2d 964 (Ill. App. Ct. 2003). · cites it 2× “ty control or of medical study for the purpose of reducing morbidity and 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, * * * the evaluation and improvement…”
Klaine v. S. Illinois Hosp. Servs., 2014 IL App (5th) 130356 (Ill. App. Ct. 2014). · cites it 7× “Dressen, the defendant argues that such documents are privileged pursuant to section 8-2102 of the Medical Studies Act (735 ILCS 5/8-2102 (West 2012)). Finally, the defendant argues that, irrespective of whether this court finds the contested documents to be privileged, this…”
Coy v. Washington Cnty. Hosp. Dist., 866 N.E.2d 651 (Ill. App. Ct. 2007). “735 ILCS 5/8-2102 (West 2004). The burden of establishing a discovery privilege under the medical studies statute is on the party seeking to invoke it.”
Kopolovic v. Shah, 2012 IL App (2d) 110383 (Ill. App. Ct. 2012). “” 735 ILCS 5/8-2101 (West 2008). The Act further provides that such privileged material “shall not be admissible as evidence *** in any court or before any tribunal, board, agency or person.”
Harris v. One Hope United, Inc., 2015 IL 117200 (Ill. 2015). “(West 2012)), which provides, inter alia, that “[s]uch information, records, statements, notes, memoranda, or other data, shall not be admissible as evidence, nor discoverable in any action of any kind in any court or before any tribunal, board, agency or person.”
Eid v. Loyola Univ. Med. Ctr., 2017 IL App (1st) 143967 (Ill. App. Ct. 2017). “” 735 ILCS 5/8-2102 (West 2012). ¶ 43 In 1995, the legislature amended the Act to add the phrase “or their designees” to modify the entities, including peer review committees, that could create or generate information protected by the Act’s privilege.”
Nielson v. SwedishAmerican Hosp., 2017 IL App (2d) 160743 (Ill. App. Ct. 2017). “¶ 34 The Act further provides: “Such information, records, reports, statements, notes, memoranda, or other data, shall not be admissible as evidence, nor discoverable in any action of any kind in any court or before any tribunal, board, agency or person.”
Nielson v. SwedishAmerican Hosp., 2017 IL App (2d) 160743 (Ill. App. Ct. 2017). “The disclosure of any such information or data, whether proper, or improper, shall not waive or have any effect upon its -6- confidentiality, nondiscoverability, or nonadmissibility.”
Harris v. One Hope United, Inc., 2015 IL 117200 (Ill. 2015). “” 735 ILCS 5/8-2102 (West 2012). As this court has stated: “The purpose of the Act is to encourage candid and voluntary studies and programs used to improve hospital conditions and patient care or to reduce the rates of death and disease.”
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