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90_SB0451
225 ILCS 60/23 from Ch. 111, par. 4400-23
Amends the Medical Practice Act of 1987. Makes a
stylistic change in a Section concerning professional conduct
reports.
SDS/bill0010/bkp
SDS/bill0010/bkp
1 AN ACT to amend the Medical Practice Act of 1987 by
2 changing Section 23.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Medical Practice Act of 1987 is amended
6 by changing Section 23 as follows:
7 (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
8 Sec. 23. Reports relating to professional conduct and
9 capacity.
10 (A) Entities Required to Report.
11 (1) Health Care Institutions. The chief
12 administrator or executive officer of any health care
13 institution licensed by the Illinois Department of Public
14 Health shall report to the Disciplinary Board when any
15 person's clinical privileges are terminated or are
16 restricted based on a final determination, in accordance
17 with that institution's by-laws or rules and regulations,
18 that a person has either committed an act or acts which
19 may directly threaten patient care, and not of an
20 administrative nature, or that a person may be mentally
21 or physically disabled in such a manner as to endanger
22 patients under that person's care. Such officer also
23 shall report if a person accepts voluntary termination or
24 restriction of clinical privileges in lieu of formal
25 action based upon conduct related directly to patient
26 care and not of an administrative nature, or in lieu of
27 formal action seeking to determine whether a person may
28 be mentally or physically disabled in such a manner as to
29 endanger patients under that person's care. The Medical
30 Disciplinary Board shall, by rule, provide for the
31 reporting to it of all instances in which a person,
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1 licensed under this Act, who is impaired by reason of
2 age, drug or alcohol abuse or physical or mental
3 impairment, is under supervision and, where appropriate,
4 is in a program of rehabilitation. Such reports shall be
5 strictly confidential and may be reviewed and considered
6 only by the members of the Disciplinary Board, or by
7 authorized staff as provided by rules of the Disciplinary
8 Board. Provisions shall be made for the periodic report
9 of the status of any such person not less than twice
10 annually in order that the Disciplinary Board shall have
11 current information upon which to determine the status of
12 any such person. Such initial and periodic reports of
13 impaired physicians shall not be considered records as
14 defined by 5 ILCS 160/2 within the meaning of "The State
15 Records Act" and shall be disposed of, following a
16 determination by the Disciplinary Board that such reports
17 are no longer required, in a manner and at such time as
18 the Disciplinary Board shall determine by rule. The
19 filing of such reports shall be construed as the filing
20 of a report for purposes of subsection (C) of this
21 Section.
22 (2) Professional Associations. The President or
23 chief executive officer of any association or society, of
24 persons licensed under this Act, operating within this
25 State shall report to the Disciplinary Board when the
26 association or society renders a final determination that
27 a person has committed unprofessional conduct related
28 directly to patient care or that a person may be mentally
29 or physically disabled in such a manner as to endanger
30 patients under that person's care.
31 (3) Professional Liability Insurers. Every
32 insurance company which offers policies of professional
33 liability insurance to persons licensed under this Act,
34 or any other entity which seeks to indemnify the
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1 professional liability of a person licensed under this
2 Act, shall report to the Disciplinary Board the
3 settlement of any claim or cause of action, or final
4 judgment rendered in any cause of action, which alleged
5 negligence in the furnishing of medical care by such
6 licensed person when such settlement or final judgment is
7 in favor of the plaintiff.
8 (4) State's Attorneys. The State's Attorney of
9 each county shall report to the Disciplinary Board all
10 instances in which a person licensed under this Act is
11 convicted or otherwise found guilty of the commission of
12 any felony. The State's Attorney of each county may
13 report to the Disciplinary Board through a verified
14 complaint any instance in which the State's Attorney
15 believes that a physician has willfully violated the
16 notice requirements of the Parental Notice of Abortion
17 Act of 1995.
18 (5) State Agencies. All agencies, boards,
19 commissions, departments, or other instrumentalities of
20 the government of the State of Illinois shall report to
21 the Disciplinary Board any instance arising in connection
22 with the operations of such agency, including the
23 administration of any law by such agency, in which a
24 person licensed under this Act has either committed an
25 act or acts which may be a violation of this Act or which
26 may constitute unprofessional conduct related directly to
27 patient care or which indicates that a person licensed
28 under this Act may be mentally or physically disabled in
29 such a manner as to endanger patients under that person's
30 care.
31 (B) Mandatory Reporting. All reports required by this
32 Act shall be submitted to the Disciplinary Board in a timely
33 fashion. The reports shall be filed in writing within 60
34 days after a determination that a report is required under
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1 this Act. All reports shall contain the following
2 information:
3 (1) The name, address and telephone number of the
4 person making the report.
5 (2) The name, address and telephone number of the
6 person who is the subject of the report.
7 (3) The name or other means of identification of
8 any patient or patients whose treatment is a subject of
9 the report, provided, however, no medical records may be
10 revealed without the written consent of the patient or
11 patients.
12 (4) A brief description of the facts which gave
13 rise to the issuance of the report, including the dates
14 of any occurrences deemed to necessitate the filing of
15 the report.
16 (5) If court action is involved, the identity of
17 the court in which the action is filed, along with the
18 docket number and date of filing of the action.
19 (6) Any further pertinent information which the
20 reporting party deems to be an aid in the evaluation of
21 the report.
22 Nothing contained in this Section shall act to in any
23 way, waive or modify the confidentiality of medical reports
24 and committee reports to the extent provided by law. Any
25 information reported or disclosed shall be kept for the
26 confidential use of the Disciplinary Board, the Medical
27 Coordinators, the Disciplinary Board's attorneys, the medical
28 investigative staff, and authorized clerical staff, as
29 provided in this Act, and shall be afforded the same status
30 as is provided information concerning medical studies in Part
31 21 of Article VIII of the Code of Civil Procedure.
32 (C) Immunity from Prosecution. Any individual or
33 organization acting in good faith, and not in a wilful and
34 wanton manner, in complying with this Act by providing any
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1 report or other information to the Disciplinary Board, or
2 assisting in the investigation or preparation of such
3 information, or by participating in proceedings of the
4 Disciplinary Board, or by serving as a member of the
5 Disciplinary Board, shall not, as a result of such actions,
6 be subject to criminal prosecution or civil damages.
7 (D) Indemnification. Members of the Disciplinary Board,
8 the Medical Coordinators, the Disciplinary Board's attorneys,
9 the medical investigative staff, physicians retained under
10 contract to assist and advise the medical coordinators in the
11 investigation, and authorized clerical staff shall be
12 indemnified by the State for any actions occurring within the
13 scope of services on the Disciplinary Board, done in good
14 faith and not wilful and wanton in nature. The Attorney
15 General shall defend all such actions unless he or she
16 determines either that there would be a conflict of interest
17 in such representation or that the actions complained of were
18 not in good faith or were wilful and wanton.
19 Should the Attorney General decline representation, the
20 member shall have the right to employ counsel of his or her
21 choice, whose fees shall be provided by the State, after
22 approval by the Attorney General, unless there is a
23 determination by a court that the member's actions were not
24 in good faith or were wilful and wanton.
25 The member must notify the Attorney General within 7 days
26 of receipt of notice of the initiation of any action
27 involving services of the Disciplinary Board. Failure to so
28 notify the Attorney General shall constitute an absolute
29 waiver of the right to a defense and indemnification.
30 The Attorney General shall determine within 7 days after
31 receiving such notice, whether he or she will undertake to
32 represent the member.
33 (E) Deliberations of Disciplinary Board. Upon the
34 receipt of any report called for by this Act, other than
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1 those reports of impaired persons licensed under this Act
2 required pursuant to the rules of the Disciplinary Board, the
3 Disciplinary Board shall notify in writing, by certified
4 mail, the person who is the subject of the report. Such
5 notification shall be made within 30 days of receipt by the
6 Disciplinary Board of the report.
7 The notification shall include a written notice setting
8 forth the person's right to examine the report. Included in
9 such notification shall be the address at which the file is
10 maintained, the name of the custodian of the reports, and the
11 telephone number at which the custodian may be reached. The
12 person who is the subject of the report shall be permitted to
13 submit a written statement responding, clarifying, adding to,
14 or proposing the amending of the report previously filed.
15 The statement shall become a permanent part of the file and
16 must be received by the Disciplinary Board no more than 30
17 days after the date on which the person was notified of the
18 existence of the original report.
19 The Disciplinary Board shall review all reports received
20 by it, together with any supporting information and
21 responding statements submitted by persons who are the
22 subject of reports. The review by the Disciplinary Board
23 shall be in a timely manner but in no event, shall the
24 Disciplinary Board's initial review of the material contained
25 in each disciplinary file be less than 61 days nor more than
26 180 days after the receipt of the initial report by the
27 Disciplinary Board.
28 When the Disciplinary Board makes its initial review of
29 the materials contained within its disciplinary files, the
30 Disciplinary Board shall, in writing, make a determination as
31 to whether there are sufficient facts to warrant further
32 investigation or action. Failure to make such determination
33 within the time provided shall be deemed to be a
34 determination that there are not sufficient facts to warrant
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1 further investigation or action.
2 Should the Disciplinary Board find that there are not
3 sufficient facts to warrant further investigation, or action,
4 the report shall be accepted for filing and the matter shall
5 be deemed closed and so reported. The individual or entity
6 filing the original report or complaint and the person who is
7 the subject of the report or complaint shall be notified in
8 writing by the Disciplinary Board of any final action on
9 their report or complaint.
10 (F) Summary Reports. The Disciplinary Board shall
11 prepare, on a timely basis, but in no event less than one
12 every other month, a summary report of final actions taken
13 upon disciplinary files maintained by the Disciplinary Board.
14 The summary reports shall be sent by the Disciplinary Board
15 to every health care facility licensed by the Illinois
16 Department of Public Health, every professional association
17 and society of persons licensed under this Act functioning on
18 a statewide basis in this State, the American Medical
19 Association, the American Osteopathic Association, the
20 American Chiropractic Association, all insurers providing
21 professional liability insurance to persons licensed under
22 this Act in the State of Illinois, the Federation of State
23 Medical Licensing Boards, and the Illinois Pharmacists
24 Association.
25 (G) Any violation of this Section shall be a Class A
26 misdemeanor.
27 (H) If any such person violates the provisions of this
28 Section an action may be brought in the name of the People of
29 the State of Illinois, through the Attorney General of the
30 State of Illinois, for an order enjoining such violation or
31 for an order enforcing compliance with this Section. Upon
32 filing of a verified petition in such court, the court may
33 issue a temporary restraining order without notice or bond
34 and may preliminarily or permanently enjoin such violation,
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1 and if it is established that such person has violated or is
2 violating the injunction, the court may punish the offender
3 for contempt of court. Proceedings under this paragraph
4 shall be in addition to, and not in lieu of, all other
5 remedies and penalties provided for by this Section.
6 (Source: P.A. 89-18, eff. 6-1-95.)