|
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0013
Introduced 2/23/2005, by Rep. Tom Cross - Elizabeth Coulson - Dave Winters - Aaron Schock - Mike Bost, et al. SYNOPSIS AS INTRODUCED:
|
|
ILCON Art. XIII, Sec. 13.5 new |
|
Permits the General Assembly to provide by law for the pre-trial medical peer review of all medical malpractice actions filed in Illinois. Provides that the review is non-binding but is admissible at trial.
|
| |
|
|
|
|
A BILL FOR
|
|
|
|
|
HC0013 |
|
LRB094 09333 LCB 39574 e |
|
|
| 1 |
| HOUSE JOINT RESOLUTION
|
| 2 |
| CONSTITUTIONAL AMENDMENT
|
| 3 |
| RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE |
| 4 |
| NINETY-FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE |
| 5 |
| SENATE CONCURRING HEREIN, that there shall be submitted to the |
| 6 |
| electors of the State for adoption or rejection at the general |
| 7 |
| election next occurring at least 6 months after the adoption of |
| 8 |
| this resolution a proposition to add Section 13.5 to Article IV |
| 9 |
| of the Illinois Constitution as follows:
|
| 10 |
| ARTICLE XIII
|
| 11 |
| GENERAL PROVISIONS
|
| 12 |
| (ILCON Art. XIII, Sec. 13.5 new)
|
| 13 |
| SECTION 13.5. PRE-TRIAL MEDICAL PEER REVIEW |
| 14 |
| (a) Notwithstanding any other provision of this |
| 15 |
| Constitution, the General Assembly may provide by law for the |
| 16 |
| pre-trial medical peer review of all medical malpractice |
| 17 |
| actions, as defined by law, filed in Illinois. The review is |
| 18 |
| non-binding, but any determination made as a result of the |
| 19 |
| review is admissible at trial.
|
| 20 |
| (b) This Section applies without regard to whether the |
| 21 |
| claim or cause of action arises under or is derived from common |
| 22 |
| law, a statute, or other law, including any claim or cause of |
| 23 |
| action based or sounding in tort, contract, or any other theory |
| 24 |
| or any combination of theories of liability.
|
| 25 |
| (c) This Section applies to any law enacted by the General |
| 26 |
| Assembly on, before, or after the effective date of this |
| 27 |
| Section.
|
| 28 |
| (d) This Section and laws implementing this Section shall |
| 29 |
| not be construed to be in conflict with the judicial power |
| 30 |
| vested in the courts under Section 1 of Article VI or to |
| 31 |
| violate the doctrine of separation of powers.
|
| 32 |
| SCHEDULE
|