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In re Marriage of Peters-Farrell

December 31, 2003

IN RE MARRIAGE OF JENNIFER PETERS-FARRELL, PETITIONER-APPELLANT, AND THOMAS PETERS-FARRELL, RESPONDENT-APPELLEE.


Appeal from the Circuit Court of Cook County. No. 95 D 8920 Honorable Karen Shields, Judge Presiding.

The opinion of the court was delivered by: Justice Hall

UNPUBLISHED

This case comes before us as a permissive appeal of a certified question pursuant to Supreme Court Rule 308 (155 Ill. 2d R. 308). The question certified arose during a dissolution of marriage proceeding in which the respondent, Thomas Peters-Farrell (Thomas), served subpoenas on three drugstores seeking prescription records for the petitioner, Jennifer Farrell-Peters (Jennifer). The circuit court denied Jennifer's motion to quash the subpoenas but certified the following question to this court.

"Are requests for pharmaceutical records from pharmacy protected under the Illinois Mental Health and Developmental Disabilities [Confidentiality] Act?"

This court allowed the appeal pursuant to Rule 308.

FACTS

On May 29, 2002, Jennifer filed a motion to quash three subpoenas issued by Thomas to three drugstores to produce their prescription records for Jennifer, including the name of the medication, what the medication was used to treat, the dosage, the refill history, a copy of the prescription and any other related records.

On July 18, 2002, the circuit court denied Jennifer's motion to quash the subpoenas but, pursuant to Rule 308, certified the question as to whether pharmaceutical records are protected under the Mental Health and Developmental Disabilities Confidentiality Act (the Confidentiality Act) (740 ILCS 110/1 et seq. (West 2000)).

On September 18, 2002, this court allowed the appeal.

ANALYSIS

The plaintiff contends that requests for pharmaceutical records from pharmacies are protected under the Confidentiality Act. This issue has not previously been decided, and its determination requires that this court construe the Confidentiality Act.

I. Standard of Review

Issues as to statutory construction are reviewed de novo. Revolution Portfolio, LLC v. Beale, 332 Ill. App. 3d 595, ...


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