Full Text of HB0477 95th General Assembly
HB0477 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0477
Introduced 2/1/2007, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
|
New Act |
|
225 ILCS 41/15-7 new |
|
|
Creates the Health Care Practitioner Profile Act. Requires the Department of Financial and Professional Regulation to make available to the public a profile of each health care practitioner licensed under Illinois law. Requires the Department to make the profile available through an Internet web site and, if requested, in writing. Sets forth that information which must be contained within the profile. Provides that, prior to release to the public, a practitioner shall be provided with a copy of his or her individual profile, shall have 60 days to correct any factual inaccuracies that may appear in the profile, and may elect to omit certain information from the profile. Grants rulemaking authority to the Department. Amends the Funeral Directors and Embalmers Licensing Code to require the Department to make available to the public a profile of each funeral director licensed under the Act.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB0477 |
|
LRB095 03349 RAS 23353 b |
|
| 1 |
| AN ACT concerning regulation.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 1. Short title. This Act may be cited as the Health | 5 |
| Care Practitioner Profile Act. | 6 |
| Section 5. Purpose. Professional practice within the | 7 |
| health care field in the State of Illinois affects the public | 8 |
| health, safety, and welfare and is subject to regulation and | 9 |
| control in the public interest. It is declared to be a matter | 10 |
| of public interest and concern that health care practitioners | 11 |
| merit and receive the confidence of the public. This Act shall | 12 |
| be liberally construed to carry out this objective and purpose.
| 13 |
| Section 10. Definitions. In this Act: | 14 |
| "Department" means the Department of Financial and | 15 |
| Professional Regulation. | 16 |
| "Health care facility" means any public or private
| 17 |
| hospital, clinic,
center, medical school, medical training | 18 |
| institution, laboratory or
diagnostic
facility, physician's or | 19 |
| health care practitioner's office, infirmary, dispensary, | 20 |
| ambulatory surgical
treatment center, or other institution or | 21 |
| location wherein health care
services are provided to any | 22 |
| person, including physician or health care practitioner |
|
|
|
HB0477 |
- 2 - |
LRB095 03349 RAS 23353 b |
|
| 1 |
| organizations and
associations, networks, joint ventures, and | 2 |
| all
other combinations of those organizations. | 3 |
| "Health care practitioner" means any individual licensed | 4 |
| under the laws of this State to provide health care services. | 5 |
| "Health care practitioner" includes, without limitation, | 6 |
| dentists and pharmacists. "Health care practitioner" does not | 7 |
| include a physician licensed to practice medicine in all of its | 8 |
| branches, a chiropractic physician licensed to treat human | 9 |
| ailments without the use of drugs and without operative | 10 |
| surgery, or a health care facility. | 11 |
| "Health care services" means any services included in the | 12 |
| furnishing to any individual of medical care, or the | 13 |
| hospitalization incident to the furnishing of such care, as | 14 |
| well as the furnishing to any person of any and all other | 15 |
| services for the preventing, alleviating, curing, or healing | 16 |
| human illness or injury including, home health and | 17 |
| pharmaceutical services and products. | 18 |
| Section 15. Health care practitioner profile required. The | 19 |
| Department shall make available to the public a profile of each | 20 |
| health care practitioner. The Department shall make this | 21 |
| information available through an Internet web site and, if | 22 |
| requested, in writing.
| 23 |
| Section 20. Profile contents. Each health care | 24 |
| practitioner profile shall contain the following information:
|
|
|
|
HB0477 |
- 3 - |
LRB095 03349 RAS 23353 b |
|
| 1 |
| (1) the full name of the health care practitioner;
| 2 |
| (2) a description of any criminal convictions for
| 3 |
| felonies and Class A misdemeanors, as determined by the | 4 |
| Department, within the most recent 5 years. For the | 5 |
| purposes of this Section, a person shall be deemed to be | 6 |
| convicted of a crime if he or she pleaded guilty or if he | 7 |
| was found or adjudged guilty by a court of competent | 8 |
| jurisdiction;
| 9 |
| (3) a description of any final Department
disciplinary | 10 |
| actions within the most recent 5 years;
| 11 |
| (4) a description of any final disciplinary actions
by | 12 |
| licensing boards in other states within the most recent 5 | 13 |
| years;
| 14 |
| (5) a description of revocation or involuntary
| 15 |
| restriction of health care facility privileges for reasons | 16 |
| related to competence or character that have been taken by | 17 |
| the facility's governing body or any other official of the | 18 |
| facility after procedural due process has been afforded, or | 19 |
| the resignation from or nonrenewal of medical staff | 20 |
| membership or the restriction of privileges at a facility | 21 |
| taken in lieu of or in settlement of a pending disciplinary | 22 |
| case related to competence or character in that facility. | 23 |
| Only cases which have occurred within the most recent 5 | 24 |
| years shall be disclosed by the Department to the public;
| 25 |
| (6) all professional malpractice court judgments and | 26 |
| all
professional malpractice arbitration awards in which a |
|
|
|
HB0477 |
- 4 - |
LRB095 03349 RAS 23353 b |
|
| 1 |
| payment was awarded to a complaining party during the most | 2 |
| recent 5 years and all settlements of professional | 3 |
| malpractice claims in which a payment was made to a | 4 |
| complaining party within the most recent 5 years. A | 5 |
| professional malpractice judgment or award that has been | 6 |
| appealed shall be identified prominently as "Under Appeal" | 7 |
| on the profile within 20 days of formal written notice to | 8 |
| the Department. Information concerning all settlements | 9 |
| shall be accompanied by the following statement: | 10 |
| "Settlement of a claim may occur for a variety of reasons | 11 |
| which do not necessarily reflect negatively on the | 12 |
| professional competence or conduct of the health care | 13 |
| practitioner. A payment in settlement of a professional | 14 |
| malpractice action or claim should not be construed as | 15 |
| creating a presumption that professional malpractice has | 16 |
| occurred." Nothing in this subdivision (6) shall be | 17 |
| construed to limit or prevent the Department from providing | 18 |
| further explanatory information regarding the significance | 19 |
| of categories in which settlements are reported. Pending | 20 |
| malpractice claims shall not be disclosed by the Department | 21 |
| to the public. Nothing in this subdivision (6) shall be | 22 |
| construed to prevent the Department from investigating and | 23 |
| disciplining a health care practitioner on the basis of | 24 |
| malpractice claims that are pending;
| 25 |
| (7) names of medical schools attended and professional | 26 |
| programs enrolled in, dates of
attendance and enrollment, |
|
|
|
HB0477 |
- 5 - |
LRB095 03349 RAS 23353 b |
|
| 1 |
| and dates of graduation;
| 2 |
| (8) graduate medical or other health care-related | 3 |
| education;
| 4 |
| (9) specialty board certification, if any; | 5 |
| (10) number of years in practice and locations;
| 6 |
| (11) names of the health care facilities where the | 7 |
| health care practitioner has
privileges; | 8 |
|
(12) appointments to medical school or graduate | 9 |
| program faculties and
indication as to whether a health | 10 |
| care practitioner has a responsibility for graduate | 11 |
| education within the most recent 5 years;
| 12 |
| (13) information regarding publications in
| 13 |
| peer-reviewed literature within the most recent 5 years;
| 14 |
| (14) information regarding professional or community
| 15 |
| service activities and awards;
| 16 |
| (15) the location of the health care practitioner's | 17 |
| primary practice
setting;
| 18 |
| (16) identification of any translating services that
| 19 |
| may be available at the health care practitioner's primary | 20 |
| practice location; and
| 21 |
| (17) an indication of whether the health care | 22 |
| practitioner
participates in the Medicaid program. | 23 |
| Section 25. Health care practitioner review of profile. | 24 |
| (a) The Department shall provide each
health care | 25 |
| practitioner with a copy of his or her profile prior to release |
|
|
|
HB0477 |
- 6 - |
LRB095 03349 RAS 23353 b |
|
| 1 |
| to the public. A health care practitioner shall be provided 60 | 2 |
| days to correct factual inaccuracies that appear in the | 3 |
| profile.
| 4 |
| (b) A health care practitioner may elect to have his or her | 5 |
| profile omit certain information provided pursuant to | 6 |
| subdivisions (12) through (14) of Section 20 concerning | 7 |
| academic appointments and teaching responsibilities, | 8 |
| publication in peer-reviewed journals, and professional and | 9 |
| community service awards. In collecting information for such | 10 |
| profiles and in disseminating the same, the Department shall | 11 |
| inform health care practitioners that they may choose not to | 12 |
| provide the information required pursuant to subdivisions (12) | 13 |
| through (14) of Section 20. | 14 |
| Section 30. Rulemaking. The Department shall adopt any | 15 |
| rules necessary for the administration of this Act. | 16 |
| Section 90. The Funeral Directors and Embalmers Licensing | 17 |
| Code is amended by adding Section 15-7 as follows: | 18 |
| (225 ILCS 41/15-7 new)
| 19 |
| Sec. 15-7. Funeral director profile. | 20 |
| (a) The Department shall make available to the public a | 21 |
| profile of each funeral director licensed under this Act. The | 22 |
| Department shall make this information available through an | 23 |
| Internet web site and, if requested, in writing. The funeral |
|
|
|
HB0477 |
- 7 - |
LRB095 03349 RAS 23353 b |
|
| 1 |
| director profile shall contain the following information: | 2 |
| (1) the full name of the funeral director; | 3 |
| (2) a description of any criminal convictions for
| 4 |
| felonies and Class A misdemeanors, as determined by the | 5 |
| Department, within the most recent 5 years. For the | 6 |
| purposes of this Section, a person shall be deemed to be | 7 |
| convicted of a crime if he or she pleaded guilty or if he | 8 |
| was found or adjudged guilty by a court of competent | 9 |
| jurisdiction; | 10 |
| (3) a description of any final Department
disciplinary | 11 |
| actions within the most recent 5 years; | 12 |
| (4) a description of any final disciplinary actions
by | 13 |
| licensing boards in other states within the most recent 5 | 14 |
| years; | 15 |
| (5) any civil judgments and arbitration awards in which | 16 |
| a payment was awarded to a complaining party relating to | 17 |
| the practice of funeral directing during the most recent 5 | 18 |
| years and all settlements of such claims in which a payment | 19 |
| was made to a complaining party within the most recent 5 | 20 |
| years. A judgment or award that has been appealed shall be | 21 |
| identified prominently as "Under Appeal" on the profile | 22 |
| within 20 days of formal written notice to the Department. | 23 |
| Information concerning all settlements shall be | 24 |
| accompanied by the following statement: "Settlement of a | 25 |
| claim may occur for a variety of reasons which do not | 26 |
| necessarily reflect negatively on the professional |
|
|
|
HB0477 |
- 8 - |
LRB095 03349 RAS 23353 b |
|
| 1 |
| competence or conduct of the funeral director. A payment in | 2 |
| settlement of an action or claim should not be construed as | 3 |
| creating a presumption that professional malpractice has | 4 |
| occurred." Nothing in this subdivision (5) shall be | 5 |
| construed to limit or prevent the Board from providing | 6 |
| further explanatory information regarding the significance | 7 |
| of categories in which settlements are reported. Pending | 8 |
| claims shall not be disclosed by the Department to the | 9 |
| public. Nothing in this subdivision (5) shall be construed | 10 |
| to prevent the Board from investigating and the Department | 11 |
| from disciplining a funeral director on the basis of claims | 12 |
| that are pending; | 13 |
| (6) names of colleges or universities attended and | 14 |
| funeral directing programs enrolled in, dates of
| 15 |
| attendance and enrollment, and dates of graduation; | 16 |
| (7) specialty certification, if any; | 17 |
| (8) number of years in practice and locations; | 18 |
| (9) appointments to educational faculties and
| 19 |
| indication as to whether a funeral director has a | 20 |
| responsibility for education in the area of funeral | 21 |
| directing within the most recent 5 years; | 22 |
| (10) information regarding publications in
| 23 |
| peer-reviewed literature within the most recent 5 years; | 24 |
| (11) information regarding professional or community
| 25 |
| service activities and awards; and | 26 |
| (12) the location of the funeral director's primary |
|
|
|
HB0477 |
- 9 - |
LRB095 03349 RAS 23353 b |
|
| 1 |
| place of business. | 2 |
| (c) The Board shall provide individual
funeral directors | 3 |
| with a copy of their profiles prior to release to the public. A | 4 |
| funeral director shall be provided 60 days to correct factual | 5 |
| inaccuracies that appear in such profile. | 6 |
| (d) A funeral director may elect to have his or her profile | 7 |
| omit certain information provided pursuant to subdivisions (9) | 8 |
| through (11) of subsection (b) concerning academic | 9 |
| appointments and teaching responsibilities, publication in | 10 |
| peer-reviewed journals, and professional and community service | 11 |
| awards. In collecting information for the profiles and in | 12 |
| disseminating the same, the Board shall inform funeral | 13 |
| directors that they may choose not to provide such information | 14 |
| required pursuant to subdivisions (9) through (11) of | 15 |
| subsection (b). | 16 |
| (e) The Department shall adopt any rules necessary to | 17 |
| accomplish the requirements of this Section.
|
|