HR0042 103RD GENERAL ASSEMBLY

HR0042 LRB103 29601 MST 55996 r

HOUSE RESOLUTION

WHEREAS, There is an increasing number of physicians experiencing burnout, a potential factor in the increased rates of physicians having depression and committing suicide; and

WHEREAS, Physicians who have or have had mental health concerns may be reluctant to seek treatment as it may cause difficulty in obtaining and/or renewing a medical license as well as obtaining institutional privileges; and

WHEREAS, Physicians not receiving treatment for mental health issues may pose harm to patients, and a lack of treatment for mental health issues can contribute to untreated burnout, depression, and increased rates of suicide; and

WHEREAS, Physicians have the right to obtain the same care as patients without retribution and with respect for the privacy of physicians' protected health information; and

WHEREAS, The American Psychiatric Association has found no evidence that a physician who has been treated for a mental illness is any more likely to harm a patient than a physician with no mental health issues; and

WHEREAS, The Americans with Disabilities Act of 1990 states that employers cannot discriminate against employees based on mental or physical health; and

WHEREAS, The 2018 American Psychiatric Association Position Statement on Inquiries About Diagnosis and Treatment of Mental Disorders in Connection with Professional Credentialing and Licensing recommends that medical licensing bodies not ask applicants about prior diagnosis and treatment of mental health disorders; and

WHEREAS, Per the 2018 American Psychiatric Association Position Statement on Inquiries About Diagnosis and Treatment of Mental Disorders in Connection with Professional Credentialing and Licensing "Medical or hospital records requested shall be by way of narrowly tailored requests and releases that provide access only to information that is reasonably needed to assess the applicant's fitness to practice. All personal or health-related information shall be kept strictly confidential and shall be accessed only by individuals with a legitimate need for such access…Personal health information collected by the board should be kept confidential and should be destroyed after a reasonable period of time"; and

WHEREAS, Many initial and renewal applications for medical licenses and associated applications and application reference forms, medical specialty boards, and institutional privilege and credential applications continue to include questions about physicians' mental health, and physicians who disclose a current or past mental health condition may be investigated or sanctioned; and

WHEREAS, Those applications that continue to make inquiries about a physician's mental health should use language consistent with the Americans with Disabilities Act, which limits questions to whether the individual has a medical condition that currently impacts his or her ability to practice medicine; and

WHEREAS, American Medical Association Policy H-275.970 addresses issues of potential discrimination and confidentiality violations in the licensing, privileging and credentialing processes; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the Illinois State Medical Society delegation to the American Medical Association to submit a resolution to the American Medical Association requesting that Policy H-275.970, Licensure Confidentiality, be amended as follows:

"1. The AMA (a) encourages specialty boards, hospitals, and other organizations involved in credentialing and/or privileging, as well as state licensing boards, to take all necessary steps to assure the confidentiality of information contained on application forms for credentials; (b) encourages boards these entities to include in application forms only requests for information that can reasonably be related to medical practice; (c) encourages state licensing boards, specialty boards, hospitals and other organizations involved in credentialing and/or privileging to exclude from license application forms information that refers to psychoanalysis, counseling, or psychotherapy required or undertaken as part of medical training; (d) encourages state medical societies and specialty societies to join with the AMA in efforts to change statutes and regulations to provide needed confidentiality for information collected by licensing boards and related organizations; and (e) encourages state licensing boards, specialty boards, hospitals and other organizations involved in credentialing and/or privileging to require disclosure of physical or mental health conditions only when a physician is suffering from a condition that currently impairs his/her judgment or that would otherwise adversely affect his/her ability to practice medicine in a competent, ethical, and professional manner, or when the physician presents a public health danger.

2. Our AMA will have all those state medical boards, specialty boards, hospitals, and other organizations involved in credentialing/privileging that wish to retain questions about the health of applicants on medical licensing applications confirm the use of or will change by 2024 all inquiries of the health of applicants to the language recommended by the Federation of State Medical Boards that reads, "Are you currently suffering from any condition for which you are not being appropriately treated that impairs your judgment or that would otherwise adversely affect your ability to practice medicine in a competent, ethical and professional manner? (Yes/No)."

3. Our AMA will work with the Federation of State Medical Boards, the American Hospital Association, the American Board of Medical Specialties, and state medical societies to develop policies and strategies to ensure that by 2024 all new and renewal medical licensure and associated applications and application reference forms, privileging, credentialing and related applications and documentation will request or disclose only information that is reasonably needed to address the applicant's current fitness to practice medicine and respect the privacy of physician's protected health information."; and be it further

RESOLVED, That a suitable copy of this resolution be delivered to the Illinois State Medical Society and the American Medical Association.