Article VIII. Evidence · Part 8. Privileged Communications · Last amended 2019 · Last verified July 20, 2026
In one sentenceIllinois generally bars a physician from disclosing information learned while professionally treating a patient, subject to a detailed list of exceptions covering consent, litigation, abuse reporting, and specified statutory subpoenas.
Full Text of 735 ILCS 5/8-802
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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.
Plain-English Summary
Section 8-802 sets the physician-patient privilege as the default rule: a physician or surgeon cannot disclose information acquired while attending a patient in a professional character and necessary to serve that patient professionally. The statute then lists exceptions numbered (1) through (14), with item (6) left blank, leaving 13 operative exceptions where disclosure is permitted.
Several exceptions turn on the patient's own choice or interest: disclosure with the patient's express consent, or that of a personal representative, injury-suit representative, or life or health insurance beneficiary after the patient's death or disability; in actions brought by or against the patient or a related party where the patient's physical or mental condition is at issue; and on an issue about the validity of the patient's will. Others serve the justice system directly: homicide trials where the disclosure relates to the fact or immediate circumstances of the homicide, malpractice actions against the physician, reports required under the Abused and Neglected Child Reporting Act, reports of suspected terrorist offenses, blood-alcohol test results admissible under the Illinois Vehicle Code or the Boat Registration and Safety Act, and subpoenas issued under specified provisions of the Medical Practice Act, Illinois Dental Practice Act, Nursing Home Administrators Licensing and Disciplinary Act, Workers' Compensation Act, or a grand jury subpoena under the Code of Criminal Procedure. Disclosure is also allowed to an agency or institution with custody of the patient under a statute or court commitment order, and to or through a health information exchange consistent with State or federal law.
The statute adds a safeguard specifically for disclosures made under the grand jury subpoena exception: in criminal cases charging domestic battery, aggravated domestic battery, an offense under Article 11 of the Criminal Code, involving a patient under 18, or where the patient requests it, the State's Attorney must petition for a protective order under Supreme Court Rule 415. Separately, and not limited to grand jury subpoena disclosures, if this section ever conflicts with the Mental Health and Developmental Disabilities Confidentiality Act in a given situation, that Act controls rather than Section 8-802.
Frequently Asked Questions
What does the Illinois physician-patient privilege protect?
Section 8-802 bars a physician or surgeon from disclosing information acquired while professionally attending a patient that is necessary to serve the patient professionally, unless one of the statute's listed exceptions applies (the exceptions are numbered (1) through (14), with item (6) left blank, leaving 13 exceptions in force).
Can a patient waive the physician-patient privilege?
Yes. The privilege does not apply where the patient gives express consent to disclosure, or, if the patient has died or is disabled, where the patient's personal representative, an injury-suit representative, or an insurance beneficiary consents.
Does the physician-patient privilege apply when the patient sues over their own medical condition?
No. It does not apply in actions brought by or against the patient, a personal representative, an insurance beneficiary, or the patient's estate where the patient's physical or mental condition is an issue, or in malpractice actions against the physician.
Does a doctor have to report suspected child abuse despite the privilege?
Yes. Section 8-802 excepts actions arising from a report filed in compliance with the Abused and Neglected Child Reporting Act, so the privilege does not block that reporting or related proceedings.
Which law controls if the physician-patient privilege conflicts with mental health confidentiality law?
The Mental Health and Developmental Disabilities Confidentiality Act controls. Section 8-802 states that where the two conflict in a specific situation, that Act's provisions govern rather than this section.
Amendment History
(Source: P.A. 101-13, eff. 6-12-19.)
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
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