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.
8-2102.Admissibility as evidence.
Article VIII. Evidence · Part 21. Medical Studies · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceBars the information privileged under Section 8-2101 from being admitted or discovered in any proceeding, and provides that disclosing it, proper or not, doesn't waive that confidentiality.
Full Text of 735 ILCS 5/8-2102
Plain-English Summary
This section supplies the teeth behind Section 8-2101's privilege. Information, records, reports, statements, notes, memoranda, or other data covered by the Medical Studies Act privilege is not admissible as evidence, and is not discoverable, in any action of any kind before any court, tribunal, board, agency, or person.
It also closes an obvious loophole: disclosure of that material, whether proper or improper, doesn't waive or affect its confidentiality, nondiscoverability, or nonadmissibility. An unauthorized leak of protected material, in other words, doesn't open the door to using it in litigation.
Frequently Asked Questions
What does this section add to Section 8-2101's privilege?
It makes the protected material both inadmissible as evidence and non-discoverable in any proceeding, not merely confidential by label.
If the protected information is disclosed by mistake, does it lose its privilege?
No. Disclosure, proper or improper, doesn't waive or affect the material's confidentiality, nondiscoverability, or nonadmissibility.
Does this section apply only in court, or more broadly?
More broadly — it covers any action before "any court, tribunal, board, agency or person."
Can a party still obtain the information through a subpoena or motion to compel?
The section's own text states the material is not discoverable, without an exception for compelled process.
What material does this inadmissibility rule cover?
The same categories described in Section 8-2101 — information, records, reports, statements, notes, and memoranda used in internal quality control or medical study.
Amendment History
(Source: P.A. 85-907.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: medical peer review evidence inadmissible illinoismedical studies act discovery illinoispeer review privilege waiver illinoismedical study records not discoverable illinois