101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3714

 

Introduced , by Rep. David McSweeney

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 50/8 new

    Amends the Medical Patient Rights Act. Provides that an attorney may not be present during an independent medical examination unless consent has been obtained from both the patient on whom the examination is being performed and the health care professional performing the examination. Provides that all parties to the legal action for which the independent medical examination is being performed must have an attorney present if any other party's attorney is present. Provides that an attorney present during an independent medical examination may not communicate with the patient or health care professional performing the independent medical examination during the examination.


LRB101 04965 CPF 49974 b

 

 

A BILL FOR

 

HB3714LRB101 04965 CPF 49974 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Medical Patient Rights Act is amended by
5adding Section 8 as follows:
 
6    (410 ILCS 50/8 new)
7    Sec. 8. Independent medical examination; attorney
8presence.
9    (a) For purposes of this Section:
10    "Patient" means an individual who is having an independent
11medical examination performed upon him or her.
12    (b) An attorney who represents any party in an adversarial
13legal action may not be present during an independent medical
14examination conducted for that legal action unless consent has
15been obtained from:
16        (1) the patient; and
17        (2) the health care professional performing the
18    independent medical examination.
19    (c) If an attorney having met the consent requirements of
20subsection (b) is present for an independent medical
21examination taking place for a legal action, all other parties
22who are represented by an attorney in that legal action must
23also have an attorney present who has met the consent

 

 

HB3714- 2 -LRB101 04965 CPF 49974 b

1requirements of subsection (b). If any attorney is unable to
2meet the consent requirements of subsection (b), then no
3attorney representing any party in the legal action shall be
4present during the independent medical examination.
5    (d) An attorney present during an independent medical
6examination may not communicate with the patient or health care
7professional performing the independent medical examination
8during the examination.