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Illinois Compiled Statutes

735 ILCS 5/8-802 (2026)

Physician and patient

✓ current as of May 2026
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(735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
    Sec. 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, or as authorized by Section 8-2001.5, (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) (blank), (7) in actions, civil or criminal, arising from the filing of a report in compliance with the Abused and Neglected Child Reporting Act, (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, (10) in prosecutions where written results of blood alcohol tests are admissible under Section 5-11a of the Boat Registration and Safety Act, (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 2012, (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; the issuance of a subpoena pursuant to Section 22 of the Nursing Home Administrators Licensing and Disciplinary Act; or the issuance of a subpoena pursuant to Section 25.5 of the Workers' Compensation Act, (13) upon the issuance of a grand jury subpoena pursuant to Article 112 of the Code of Criminal Procedure of 1963, or (14) to or through a health information exchange, as that term is defined in Section 2 of the Mental Health and Developmental Disabilities Confidentiality Act, in accordance with State or federal law.
    Upon disclosure under item (13) of this Section, in any criminal action where the charge is domestic battery, aggravated domestic battery, or an offense under Article 11 of the Criminal Code of 2012 or where the patient is under the age of 18 years or upon the request of the patient, the State's Attorney shall petition the court for a protective order pursuant to Supreme Court Rule 415.
    In the event of a conflict between the application of this Section and the Mental Health and Developmental Disabilities Confidentiality Act to a specific situation, the provisions of the Mental Health and Developmental Disabilities Confidentiality Act shall control.
(Source: P.A. 101-13, eff. 6-12-19.)

    
Notes of Decisions
Cited in 85 cases (13 in the last 5 years), 1993–2025 · leading case: People v. Torres, 2024 IL 129289 (Ill. 2024).
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People v. Torres, 2024 IL 129289 (Ill. 2024). · cites it 6× “OPINION ¶1 In this appeal we are asked to interpret the physician-patient privilege statute set out in section 8-802 of the Code of Civil Procedure (735 ILCS 5/8-802 (West 2018)). A Cook County jury found defendant, Ramon Torres, guilty of predatory criminal sexual assault of…”
Palm v. Holocker, 2018 IL 123152 (Ill. 2019). · cites it 8× “OPINION ¶1 At issue is whether contemnor, Karl Bayer, was entitled to assert the physician-patient privilege (735 ILCS 5/8-802 (West 2016)) in this negligence case.”
Nw. Mem'l Hosp. v. John Ashcroft, Attorney Gen. of the United States, 362 F.3d 923 (7th Cir. 2004). · cites it 2× “The parties agree that his order is an "order" within the meaning of the "in response" provision. It hardly matters; the government didn't need such an order because it had obtained a protective order, thus qualifying under the alternative procedure for disclosure of medical…”
People Ex Rel. Dept. of Prof. Reg. v. Manos, 782 N.E.2d 237 (Ill. 2002). · cites it 8× “However, the appellate court also reversed in part, holding that the Department could not compel defendants to produce the requested dental records since they were protected *240 by the physician-patient privilege (735 ILCS 5/8-802 (West 2000)). 326 Ill. App.”
People v. Popeck, 899 N.E.2d 324 (Ill. App. Ct. 2008). · cites it 5× “" 735 ILCS 5/8-802 (West 2006). Defendant claims only one exception to this general rule applies and it includes disclosure of chemical tests "in prosecutions where written results of blood[-]alcohol tests are admissible pursuant to [s]ection 11-501.”
Moore v. Centreville Twp. Hosp., 616 N.E.2d 1321 (Ill. App. Ct. 1993). · cites it 4× “8-802, now 735 ILCS 5/8-802 (West 1992).) This section states, in relevant part: "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…”
People v. Bons, 2021 IL App (3d) 180464 (Ill. App. Ct. 2021). · cites it 5× “See 735 ILCS 5/8-802 (West 2016). Counsel further contended that the subsection 8-802(4) exception did not apply because defendant’s medical condition was not an element of the offense and not at issue.”
Troyan v. Reyes, 855 N.E.2d 967 (Ill. App. Ct. 2006). · cites it 2× “The majority cites section 5/8-802 of the Code of Civil Procedure (735 ILCS 5/8-802 (4) (West 2002), which provides in pertinent part: "No physician or surgeon shall be permitted to disclose any information he or she may have acquired in attending any patient in a professional…”
Doe v. McKay, 700 N.E.2d 1018 (Ill. 1998). · cites it 2× “735 ILCS 5/8-802 (West 1994) (privileged communications involving patients and healthcare practitioners, including psychologists); 740 ILCS 110/3(a) (West 1994) (under Mental Health and Developmental Disabilities Confidentiality Act, "[a]ll records and communications shall be…”
Coy v. Washington Cnty. Hosp. Dist., 866 N.E.2d 651 (Ill. App. Ct. 2007). · cites it 3× “17(d) (West 2004)), an evidentiary privilege regarding communications between physician and patient (735 ILCS 5/8-802 (West 2004)), and an exemption to a Freedom of Information Act request where the request seeks patient records (5 ILCS 140/7 (West 2004)).”
People v. Maltbia, 653 N.E.2d 402 (Ill. App. Ct. 1995). · cites it 4× “Section 8-802 of the Code of Civil Procedure provides in pertinent part: "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…”
Palm v. Holocker, 2017 IL App (3d) 170087 (Ill. App. Ct. 2017). · cites it 6× “He argues that Holocker's statutory physician-patient privilege ( 735 ILCS 5/8-802 (West 2016) ) protects his private medical information from discovery unless he affirmatively places his physical or mental health at issue.”
Show all 85 citing cases →
— 735 ILCS 5/8-802(1) — 5 cases
Palm v. Holocker, 2018 IL 123152 (Ill. 2019). “OPINION ¶1 At issue is whether contemnor, Karl Bayer, was entitled to assert the physician-patient privilege (735 ILCS 5/8-802 (West 2016)) in this negligence case.”
Palm v. Holocker, 2018 IL 123152 (Ill. 2018).
Palm v. Holocker, 2018 IL 123152 (Ill. 2019).
Reagan v. Searcy (Ill. App. Ct. 2001).
People v. Sutton (Ill. App. Ct. 2000).
— 735 ILCS 5/8-802(2) — 1 case
Doe v. McKay, 700 N.E.2d 1018 (Ill. 1998). “735 ILCS 5/8-802 (West 1994) (privileged communications involving patients and healthcare practitioners, including psychologists); 740 ILCS 110/3(a) (West 1994) (under Mental Health and Developmental Disabilities Confidentiality Act, "[a]ll records and communications shall be…”
— 735 ILCS 5/8-802(3) — 2 cases
Heimann v. Roadway Express, Inc., 228 F. Supp. 2d 886 (N.D. Ill. 2002).
Reagan v. Searcy (Ill. App. Ct. 2001).
— 735 ILCS 5/8-802(4) — 17 cases
Palm v. Holocker, 2018 IL 123152 (Ill. 2019). “OPINION ¶1 At issue is whether contemnor, Karl Bayer, was entitled to assert the physician-patient privilege (735 ILCS 5/8-802 (West 2016)) in this negligence case.”
Troyan v. Reyes, 855 N.E.2d 967 (Ill. App. Ct. 2006). “The majority cites section 5/8-802 of the Code of Civil Procedure (735 ILCS 5/8-802 (4) (West 2002), which provides in pertinent part: "No physician or surgeon shall be permitted to disclose any information he or she may have acquired in attending any patient in a professional…”
People v. Bons, 2021 IL App (3d) 180464 (Ill. App. Ct. 2021). “See 735 ILCS 5/8-802 (West 2016). Counsel further contended that the subsection 8-802(4) exception did not apply because defendant’s medical condition was not an element of the offense and not at issue.”
People v. Beck, 2017 IL App (4th) 160654 (Ill. App. Ct. 2017).
People v. Popeck, 899 N.E.2d 324 (Ill. App. Ct. 2008). “" 735 ILCS 5/8-802 (West 2006). Defendant claims only one exception to this general rule applies and it includes disclosure of chemical tests "in prosecutions where written results of blood[-]alcohol tests are admissible pursuant to [s]ection 11-501.”
— 735 ILCS 5/8-802(7) — 4 cases
People v. Torres, 2024 IL 129289 (Ill. 2024). “OPINION ¶1 In this appeal we are asked to interpret the physician-patient privilege statute set out in section 8-802 of the Code of Civil Procedure (735 ILCS 5/8-802 (West 2018)). A Cook County jury found defendant, Ramon Torres, guilty of predatory criminal sexual assault of…”
People v. Bons, 2021 IL App (3d) 180464 (Ill. App. Ct. 2021). “See 735 ILCS 5/8-802 (West 2016). Counsel further contended that the subsection 8-802(4) exception did not apply because defendant’s medical condition was not an element of the offense and not at issue.”
People v. Torres, 2022 IL App (1st) 210990-U (Ill. App. Ct. 2022).
People v. Torres, 2024 IL 129289 (Ill. 2024).
— 735 ILCS 5/8-802(8) — 1 case
People v. Maltbia, 653 N.E.2d 402 (Ill. App. Ct. 1995). “Section 8-802 of the Code of Civil Procedure provides in pertinent part: "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…”
— 735 ILCS 5/8-802(9) — 4 cases
People v. Popeck, 899 N.E.2d 324 (Ill. App. Ct. 2008). “" 735 ILCS 5/8-802 (West 2006). Defendant claims only one exception to this general rule applies and it includes disclosure of chemical tests "in prosecutions where written results of blood[-]alcohol tests are admissible pursuant to [s]ection 11-501.”
People v. Quigley, 2018 IL App (1st) 172560 (Ill. App. Ct. 2018).
People v. Quigley, 2018 IL App (1st) 172560 (Ill. App. Ct. 2019).
People v. Popeck (Ill. App. Ct. 2008).
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