93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5084

 

Introduced 02/05/04, by Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
New Act
225 ILCS 60/45   from Ch. 111, par. 4400-45

    Creates the Medical Error Reporting Law. Requires a health care facility to develop and implement a patient safety plan for the purpose of improving the health and safety of patients at the facility. Requires a health care facility to report to the Department of Public Health every serious preventable adverse incident that occurs in that facility. Provides that a health care facility shall ensure that the patient affected by a serious preventable adverse incident is informed of the serious preventable adverse incident. Creates the Health Care Practitioner Reporting Law. Requires certain persons and entities to promptly report incidents when a health care practitioner has caused injury or death to a patient while practicing within the scope of that practitioner's profession or for violation of Section 11-501 of the Illinois Vehicle Code to the appropriate licensing board having jurisdiction over the health care practitioner. Imposes criminal penalties for false reports. Creates the Health Care Consumer Information Law. Requires the Department of Public Health, in consultation with the Medical Licensing Board and the Podiatric Medical Licensing Board, to collect and maintain information concerning all physicians and podiatrists licensed in this State for the purpose of creating a profile of each physician and podiatrist. Provides that the profiles shall be made available to the public. Provides what information must be included in the profiles and what physicians may include. Provides that the Department shall contract with a public or private entity for the purpose of developing, administering, and maintaining the physician and podiatrist profiles required pursuant to the Law. Requires the Director of Public Health to report on the status of the physician and podiatrist profiles to the General Assembly. Amends the Medical Practice Act of 1987 to allow for collection of information needed to complete the physician profiles. Effective immediately.


LRB093 15481 AMC 41084 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5084 LRB093 15481 AMC 41084 b

1     AN ACT concerning health care.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4
Article 5.
 
5     Section 5-1. Short title. This Article may be cited as the
6 Medical Error Reporting Law.
 
7     Section 5-5. Findings. The General Assembly finds and
8 declares that:
9         (1) adverse incidents, some of which are the result of
10     preventable errors, are inherent in all systems;
11         (2) well-designed systems have processes built in to
12     minimize the occurrence of errors, as well as to detect
13     those that do occur; they incorporate mechanisms to
14     continually improve their performance;
15         (3) to enhance patient safety, the goal is to craft a
16     health care delivery system that minimizes, to the greatest
17     extent feasible, the harm to patients that results from the
18     delivery system itself;
19         (4) an important component of a successful patient
20     safety strategy is a feedback mechanism that allows
21     detection and analysis not only of adverse incidents, but
22     also of "near-misses";
23         (5) to encourage disclosure of these incidents so that
24     they can be analyzed and used for improvement, it is
25     critical to create a non-punitive culture that focuses on
26     improving processes rather than assigning blame;
27         (6) under current Illinois law, hospitals are required
28     to investigate any unusual incidents that occur at any time
29     on a patient care unit and summarized reports of these
30     unusual incidents are to be made available to the
31     Department of Public Health;

 

 

HB5084 - 2 - LRB093 15481 AMC 41084 b

1         (7) governing boards of hospitals are responsible for
2     the establishment of policy for the investigation of
3     unusual incidents that may occur;
4         (8) hospitals are required to maintain accurate,
5     current, and complete personnel records for each employee,
6     including current and background information sufficient to
7     justify the initial and continuing employment of the
8     individual;
9         (9) hospitals are routinely denied information about
10     prospective employees from their former employers with
11     regard to patient error or unusual incidents because these
12     former employers fear that their former employees may file
13     defamation or other civil lawsuits; and
14         (10) by establishing an environment that both mandates
15     the confidential disclosure of the most serious
16     preventable adverse incidents and encourages the
17     voluntary, anonymous and confidential disclosure of less
18     serious adverse incidents, as well as preventable
19     incidents and near-misses, the State seeks to increase the
20     amount of information on systems failures, analyze the
21     sources of these failures, and disseminate information on
22     effective practices for reducing systems failures and
23     improving the safety of patients.
 
24     Section 5-10. Definitions. As used in this Law:
25     "Adverse incident" means an unusual incident that is a
26 negative consequence of care that results in unintended injury
27 or illness, which may or may not have been preventable.
28     "Anonymous" means that information is presented in a form
29 and manner that prevents the identification of the person
30 filing the report.
31     "Department" means the Department of Public Health.
32     "Director" means the Director of Public Health.
33     "Incident" means a discrete, auditable, and clearly
34 defined occurrence.
35     "Health care facility" means a facility or institution,

 

 

HB5084 - 3 - LRB093 15481 AMC 41084 b

1 whether public or private, engaged principally in providing
2 services for health maintenance organizations or in diagnosis
3 of treatment of human disease, pain, injury, deformity, or
4 physical condition, including, but not limited to, a general
5 hospital, special hospital, mental hospital, public health
6 center, diagnostic center, treatment center, rehabilitation
7 center, extended care facility, skilled nursing home, nursing
8 home, intermediate care facility, tuberculosis hospital,
9 chronic disease hospital, maternity hospital, outpatient
10 clinic, dispensary, home health care agency, residential
11 health care facility, and bioanalytical laboratory (except as
12 specifically excluded hereunder) or central services facility
13 serving one or more such institutions but excluding
14 institutions that provide healing solely by prayer and
15 excluding such bioanalytical laboratories as are independently
16 owned and operated, and are not owned, operated, managed or
17 controlled, in whole or in part, directly or indirectly by any
18 one or more health care facilities, and the predominant source
19 of business of which is not by contract with health care
20 facilities within the State.
21     "Health care professional" means an individual who, acting
22 within the scope of his or her licensure or certification,
23 provides health care services and includes, but is not limited
24 to, a physician, dentist, nurse, pharmacist, or other health
25 care professional whose professional practice is regulated
26 pursuant to Chapter 225 of the Illinois Compiled Statutes.
27     "Near-miss" means an occurrence that could have resulted in
28 an adverse incident but the adverse incident was prevented.
29     "Preventable incident" means an incident that could have
30 been anticipated and prepared against, but occurs because of an
31 error or other system failure.
32     "Serious preventable adverse incident" means an adverse
33 incident that is a preventable incident and results in death or
34 loss of a body part, or disability or loss of bodily function
35 lasting more than 7 days or still present at the time of
36 discharge from a health care facility.
 

 

 

HB5084 - 4 - LRB093 15481 AMC 41084 b

1     Section 5-15. Patient safety plan.
2     (a) In accordance with the requirements established by the
3 Director by rule, a health care facility shall develop and
4 implement a patient safety plan for the purpose of improving
5 the health and safety of patients at the facility.
6     (b) The patient safety plan shall, at a minimum, include
7 all of the following:
8         (1) A patient safety committee, as prescribed by rule.
9         (2) A process for teams of facility staff, which teams
10     are comprised of personnel who are representative of the
11     facility's various disciplines and have appropriate
12     competencies, to conduct ongoing analysis and application
13     of evidence-based patient safety practices in order to
14     reduce the probability of adverse incidents resulting from
15     exposure to the health care system across a range of
16     diseases and procedures.
17         (3) A process for teams of facility staff, which teams
18     are comprised of personnel who are representative of the
19     facility's various disciplines and have appropriate
20     competencies, to conduct analyses of near-misses, with
21     particular attention to serious preventable adverse
22     incidents and adverse incidents.
23         (4) A process for the provision of ongoing patient
24     safety training for facility personnel.
25     (c) Any documents, materials, or information developed by a
26 health care facility as part of a process of self-critical
27 analysis conducted pursuant to this Section concerning
28 preventable incidents, near-misses, and adverse incidents,
29 including serious preventable adverse incidents, and any
30 document or oral statement that constitutes the disclosure
31 provided to a patient or the patient's family member or
32 guardian pursuant to subsection (b) of Section 5-20, shall not
33 be (i) subject to discovery or admissible as evidence or
34 otherwise disclosed in any civil, criminal, or administrative
35 action or proceeding or (ii) used in an adverse employment

 

 

HB5084 - 5 - LRB093 15481 AMC 41084 b

1 action or in the evaluation of decisions made in relation to
2 accreditation, certification, credentialing, or licensing of
3 an individual, which is based on the individual's participation
4 in the development, collection, reporting, or storage of
5 information in accordance with this Section. The provisions of
6 this subsection shall not be construed to limit a health care
7 facility from taking disciplinary action against a health care
8 professional in a case in which the professional has displayed
9 recklessness, gross negligence, or willful misconduct or in
10 which there is evidence, based on other similar cases known to
11 the facility, of a pattern of significant substandard
12 performance that resulted in serious preventable adverse
13 incidents.
 
14     Section 5-20. Reports; use of information.
15     (a) A health care facility must report to the Department in
16     a form and manner established by the Director every serious
17     preventable adverse incident that occurs in that facility.
18     (b) A health care facility shall ensure that the patient
19 affected by a serious preventable adverse incident, or, in the
20 case of a minor or a patient who is incapacitated, the
21 patient's parent or guardian or other family member, as
22 appropriate, is informed of the serious preventable adverse
23 incident, no later than the end of the episode of care, or, if
24 discovery occurs after the end of the episode of care, in a
25 timely fashion as established by the Director by rule. If the
26 patient's physician determines, in accordance with criteria
27 established by the Director by rule, that the disclosure would
28 seriously and adversely affect the patient's health, then the
29 facility shall notify the family member, if available. In the
30 event that an adult patient is not informed of the serious
31 preventable adverse incident, the facility shall ensure that
32 the physician includes a statement in the patient's medical
33 record that provides the reason for not informing the patient
34 pursuant to this Section.
35     (c) A health care professional or other employee of a

 

 

HB5084 - 6 - LRB093 15481 AMC 41084 b

1 health care facility is encouraged to make anonymous reports to
2 the Department in a form and manner established by the Director
3 regarding near-misses, preventable incidents, and adverse
4 incidents that are otherwise not subject to mandatory reporting
5 pursuant to subsection (a) of this Section. The Director shall
6 establish procedures for and a system to collect, store, and
7 analyze information voluntarily reported pursuant to this
8 subsection. The repository shall function as a clearinghouse
9 for trend analysis of the information collected pursuant to
10 this subsection.
11     (d) Any documents, materials, or information received by
12 the Department pursuant to the provisions of subsections (a)
13 and (c) of this Section concerning serious preventable adverse
14 incidents, near-misses, preventable incidents, and adverse
15 incidents that are otherwise not subject to mandatory reporting
16 pursuant to subsection (a) of this Section shall not be (i)
17 subject to discovery or admissible as evidence or otherwise
18 disclosed in any civil, criminal, or administrative action or
19 proceeding, (ii) considered a public record under the Freedom
20 of Information Act, or (iii) used in an adverse employment
21 action or in the evaluation of decisions made in relation to
22 accreditation, certification, credentialing, or licensing of
23 an individual, which is based on the individual's participation
24 in the development, collection, reporting, or storage of
25 information in accordance with this Section. The provisions of
26 this subsection shall not be construed to limit a health care
27 facility from taking disciplinary action against a health care
28 professional in a case in which the professional has displayed
29 recklessness, gross negligence, or willful misconduct or in
30 which there is evidence, based on other similar cases known to
31 the facility, of a pattern of significant substandard
32 performance that resulted in serious preventable adverse
33 incidents.
34     The information received by the Department may be used by
35 the Department and the Attorney General for the purposes of
36 this Law and for oversight of facilities and health care

 

 

HB5084 - 7 - LRB093 15481 AMC 41084 b

1 professionals. The Department and the Attorney General shall
2 not use the information for any other purpose. In using the
3 information to exercise oversight, the Department and the
4 Attorney General shall place primary emphasis on ensuring
5 effective corrective action by the facility or health care
6 professional, reserving punitive enforcement or disciplinary
7 action for those cases in which the facility or the
8 professional has displayed recklessness, gross negligence, or
9 willful misconduct or in which there is evidence, based on
10 other similar cases known to the Department or the Attorney
11 General, of a pattern of significant substandard performance
12 that has the potential for or actually results in harm to
13 patients.
 
14     Section 5-25. Rules. The Director shall adopt any rules
15 necessary to carry out the provisions of this Article. The
16 regulations shall establish: criteria for a health care
17 facility's patient safety plan and patient safety committee;
18 the time frame and format for mandatory reporting of serious
19 preventable adverse incidents at a health care facility; the
20 types of incidents that qualify as serious preventable adverse
21 incidents; and the circumstances under which a health care
22 facility is not required to inform a patient or the patient's
23 family about a serious preventable adverse incident. In
24 establishing the criteria for reporting serious preventable
25 adverse incidents, the Director shall, to the extent feasible,
26 use criteria for these incidents that have been or are
27 developed by organizations engaged in the development of
28 nationally recognized standards.
 
29     Section 5-30. Report to General Assembly. The Director of
30 Public Health shall issue an annual report to the General
31 Assembly, which is also available to the general public, no
32 later than 18 months after the effective date of this Law on
33 the status of patient safety plans established by health care
34 facilities subject to this Law and information reported to the

 

 

HB5084 - 8 - LRB093 15481 AMC 41084 b

1 Department as required by this Law or which is voluntarily
2 reported as permitted by this Law regarding serious preventable
3 adverse incidents that occur in health care facilities subject
4 to this Law.
 
5
Article 10.
 
6     Section 10-1. Short title. This Article may be cited as the
7 Health Care Practitioner Reporting Law.
 
8     Section 10-5. Definition. As used in this Law, "health care
9 practitioner" means any licensed professional that provides
10 health care services. "Health care practitioner" includes a
11 physician, dentist, podiatrist, advanced practice nurse,
12 physician assistant, clinical psychologist, and clinical
13 social worker.
 
14     Section 10-10. Reporting.
15     (a) A law enforcement agency or other government agency
16 that receives a complaint alleging that a State licensed health
17 care practitioner caused injury or death to a patient while
18 practicing within the scope of that practitioner's profession
19 shall promptly report the information contained in the
20 complaint to the appropriate licensing board having
21 jurisdiction over the health care practitioner and to the
22 patient safety committee of the health care facility where the
23 health care practitioner practices, which is established under
24 Section 5-15 of the Medical Error Reporting Law.
25     (b) An employee of a health care practitioner licensed
26 pursuant to Chapter 225 of the Illinois Compiled Statutes who,
27 as a result of information obtained in the course of his or her
28 employment, has reasonable cause to suspect that the health
29 care practitioner, in the course of his or her professional
30 duties, has caused injury or death to a patient shall promptly
31 report the information to the appropriate licensing board
32 having jurisdiction over the health care practitioner.

 

 

HB5084 - 9 - LRB093 15481 AMC 41084 b

1     (c) An employee of a licensed health care facility who, as
2 a result of information obtained in the course of his or her
3 employment, has reasonable cause to suspect that a health care
4 practitioner licensed pursuant to Chapter 225 of the Illinois
5 Compiled Statutes, in the course of his or her professional
6 duties in the health care facility, has caused injury or death
7 to a patient shall promptly report the information to the
8 appropriate licensing board having jurisdiction over the
9 health care practitioner. An employee may not be fired or
10 terminated by his or her employer in retaliation for complying
11 with this mandatory reporting requirement.
12     (d) The name of any person who reports information
13 concerning a health care practitioner pursuant to this Section
14 shall not be disclosed without the person's consent, unless an
15 administrative or judicial proceeding results from the report.
16     (e) A person who reports information pursuant to this
17 Section or who testifies in any administrative or judicial
18 proceeding arising from the report shall have immunity from any
19 civil or criminal liability on account of the report or
20 testimony, unless the person has acted in bad faith or with
21 malicious purpose.
22     (f) Any person who falsely reports information under this
23 Law shall be guilty of a Class A misdemeanor.
24     (g) A law enforcement agency that arrests a State licensed
25 health care practitioner for a crime or for a violation of
26 Section 11-501 of the Illinois Vehicle Code shall promptly
27 report that information to the appropriate licensing board
28 having jurisdiction over the health care practitioner.
29     (h) A court in this State that convicts a State licensed
30 health care practitioner for a crime or for a violation of
31 Section 11-501 of the Illinois Vehicle Code shall promptly
32 report that information to the appropriate licensing board
33 having jurisdiction over the health care practitioner.
 
34     Section 10-15. Rules. The Attorney General shall adopt
35 rules pursuant to the Illinois Administrative Procedure Act to

 

 

HB5084 - 10 - LRB093 15481 AMC 41084 b

1 carry out the purposes of this Article.
 
2
Article 15.
 
3     Section 15-1. Short title. This Article may be cited as the
4 Health Care Consumer Information Law.
 
5     Section 15-5. Definitions. As used in this Law:
6     "Board" means the Medical Licensing Board in the case of a
7 physician and the Podiatric Medical Licensing Board in the case
8 of a podiatrist.
9     "Department" means the Department of Public Health.
 
10     Section 15-10. Profiles.
11      (a) The Department of Public Health, in consultation with
12 the Medical Licensing Board and the Podiatric Medical Licensing
13 Board, shall, within 180 days after the effective date of this
14 Law and thereafter, collect and maintain information
15 concerning all physicians and podiatrists licensed in this
16 State for the purpose of creating a profile of each physician
17 and podiatrist pursuant to this Law. The profiles shall be made
18 available to the public through electronic and other
19 appropriate means, at no charge to the public. The Department
20 shall establish a toll-free telephone number for members of the
21 public to contact the Department to obtain a paper copy of a
22 physician or podiatrist profile and to make other inquiries
23 about the profiles.
24     (b) A physician or podiatrist shall be required to provide
25 the Board or Department or its designated agent with any
26 information necessary to complete the profile as provided in
27 Section 20-15 of this Law.
28     (c) The Board may request any additional information it
29 deems necessary to complete the profiles on the biennial
30 license renewal form submitted by physicians and podiatrists.
31     (d) The Board shall provide to the Department or its
32 designated agent any information required pursuant to this Law

 

 

HB5084 - 11 - LRB093 15481 AMC 41084 b

1 that is available to the Board concerning a physician or
2 podiatrist for the purpose of creating the physician and
3 podiatrist profiles.
 
4     Section 15-15. Information in profile.
5     (a) The following information must be included for each
6 profile of a physician or podiatrist:
7         (1) Name of all medical schools attended and dates of
8     graduation.
9         (2) Graduate medical education, including all
10     internships, residencies, and fellowships.
11         (3) Number of years in practice.
12         (4) Number of years in practice in Illinois.
13         (5) Location of the physician's or podiatrist's office
14     practice site or sites, as applicable.
15         (6) A description of any criminal convictions for
16     felonies within the most recent 10 years. For the purposes
17     of this item, a person shall be deemed to be convicted of a
18     crime if the individual pleaded guilty or was found or
19     adjudged guilty by a court of competent jurisdiction. The
20     description of criminal convictions shall not include any
21     convictions that have been expunged.
22         (7) A description of any final Board disciplinary
23     actions within the most recent 10 years, except that any
24     such disciplinary action that is being appealed shall be
25     identified.
26         (8) A description of any final disciplinary actions by
27     appropriate licensing boards in other states within the
28     most recent 10 years, except that any such disciplinary
29     action that is being appealed shall be identified.
30         (9) A description of the revocation or involuntary
31     restriction of privileges at a health care facility for
32     reasons related to the practitioner's competence or
33     misconduct or impairment taken by a health care facility's
34     governing body or any other official of the health care
35     facility after procedural due process has been afforded;

 

 

HB5084 - 12 - LRB093 15481 AMC 41084 b

1     the resignation from or nonrenewal of medical staff
2     membership at the health care facility for reasons related
3     to the practitioner's competence or misconduct or
4     impairment; or the restriction of privileges at a health
5     care facility taken in lieu of or in settlement of a
6     pending disciplinary case related to the practitioner's
7     competence or misconduct or impairment. Only those cases
8     that have occurred within the most recent 10 years shall be
9     included in the profile.
10         (10) All medical malpractice court judgments and all
11     medical malpractice arbitration awards in which a payment
12     has been awarded to the complaining party during the most
13     recent 5 years and all settlements of medical malpractice
14     claims in which a payment is made to the complaining party
15     within the most recent 5 years, as follows:
16             (A) Pending medical malpractice claims shall not
17         be included in the profile and information on pending
18         medical malpractice claims shall not be disclosed to
19         the public.
20             (B) A medical malpractice judgment that is being
21         appealed shall be so identified.
22             (C) The context in which the payment of a medical
23         malpractice claim occurs shall be identified by
24         categorizing the number of judgments, arbitration
25         awards, and settlements against the physician or
26         podiatrist into 3 graduated categories: average, above
27         average, and below average number of judgments,
28         arbitration awards, and settlements. These groupings
29         shall be arrived at by comparing the number of an
30         individual physician's or podiatrist's medical
31         malpractice judgments, arbitration awards, and
32         settlements to the experience of other physicians or
33         podiatrists within the same speciality.
34             (D) The following statement shall be included with
35         the information concerning medical malpractice
36         judgments, arbitration awards, and settlements:

 

 

HB5084 - 13 - LRB093 15481 AMC 41084 b

1         "Settlement of a claim and, in particular, the dollar
2         amount of the settlement may occur for a variety of
3         reasons, which do not necessarily reflect negatively
4         on the professional competence or conduct of the
5         physician (or podiatrist). A payment in settlement of a
6         medical malpractice action or claim should not be
7         construed as creating a presumption that medical
8         malpractice has occurred.".
9     (b) If requested by a physician or podiatrist, the
10     following information may be included in a physician's or
11     podiatrist's profile:
12         (1) Names of the hospitals where the physician or
13     podiatrist has privileges.
14         (2) Appointments of the physician or podiatrist to
15     medical school faculties within the most recent 10 years.
16         (3) Information regarding any nationally recognized
17     specialty board certification or accreditation by any
18     national professional organization.
19         (4) Information regarding any translating services
20     that may be available at the physician's or podiatrist's
21     office practice site or languages other than English that
22     are spoken by the physician or podiatrist.
23         (5) Information regarding whether the physician or
24     podiatrist participates in the Medicaid program or accepts
25     assignment under the Medicare program.
26         (6) Information regarding the medical insurance plans
27     in which the physician or podiatrist is a participating
28     provider.
29         (7) Information concerning the hours during which the
30     physician or podiatrist conducts his or her practice.
31         (8) Information concerning accessibility of the
32     practice site to persons with disabilities.
33     The following disclaimer shall be included with the
34     information supplied by the physician or podiatrist pursuant to
35     this subsection: "This information has been provided by the
36     physician (or podiatrist) but has not been independently

 

 

HB5084 - 14 - LRB093 15481 AMC 41084 b

1     verified by the Medical Licensing Board or the Department of
2     Public Health."
3     If the physician or podiatrist includes information
4     regarding medical insurance plans in which the practitioner is
5     a participating provider, the following disclaimer shall be
6     included with that information: "This information may be
7     subject to change. Contact your health benefits plan to verify
8     whether the physician (or podiatrist) currently participates
9     in the plan."
10     (c) Before a profile is made available to the public, each
11     physician or podiatrist shall be provided with a copy of his or
12     her profile. The profile shall be sent to the physician or
13     podiatrist by certified mail, return receipt requested. The
14     physician or podiatrist shall be given 30 calendar days to
15     correct a factual inaccuracy that may appear in the profile and
16     return it to the Department of Public Health or its designated
17     agent; however, upon receipt of a written request that the
18     Department or its designated agent deems reasonable, the
19     physician or podiatrist may be granted an extension of up to 15
20     calendar days to correct a factual inaccuracy and return the
21     corrected profile to the Department or its designated agent.
22     (d) If new information or a change in existing information
23     is received by the Department concerning a physician or
24     podiatrist, the physician or podiatrist shall be provided with
25     a copy of the proposed revision and shall be given 30 calendar
26     days to correct a factual inaccuracy and to return the
27     corrected information to the Department or its designated
28     agent.
29     (e) The profile and any revisions thereto shall not be made
30     available to the public until after the review period provided
31     for in this Section has elapsed.
 
32     Section 15-20. Contract.
33     (a) The Department shall contract with a public or private
34 entity for the purpose of developing, administering, and
35 maintaining the physician and podiatrist profiles required

 

 

HB5084 - 15 - LRB093 15481 AMC 41084 b

1 pursuant to this Law. The contract shall specify the duties and
2 responsibilities of the entity with respect to the development,
3 administration, and maintenance of the profile. The contract
4 shall specify the duties and responsibilities of the Department
5 with respect to providing the information required pursuant to
6 Section 20-15 of this Law to the entity on a regular and timely
7 basis. The contract shall specify that any identifying
8 information concerning a physician or podiatrist provided to
9 the entity by the Department, the Board, or the physician or
10 podiatrist shall be used only for the purpose of the profile.
11     (b) The Department shall monitor the work of the entity to
12 ensure that physician and podiatrist profiles are properly
13 developed and maintained pursuant to the requirements of this
14 Law.
 
15     Section 15-25. Report to General Assembly. The Director of
16 Public Health shall report to the General Assembly no later
17 than 18 months after the effective date of this Law on the
18 status of the physician and podiatrist profiles. The Director
19 shall also make recommendations in the report on the issue of
20 developing profiles for other licensed health care
21 professionals, including, but not limited to, dentists,
22 nurses, physician assistants, optometrists, and physical
23 therapists, and the type of information that would be
24 appropriate to include in the respective profiles for each type
25 of licensed health care professional.
 
26     Section 15-30. Rules. The Department shall adopt any rules
27 necessary for the enforcement of this Law.
 
28     Section 15-90. The Medical Practice Act of 1987 is amended
29 by changing Section 45 as follows:
 
30     (225 ILCS 60/45)  (from Ch. 111, par. 4400-45)
31     (Section scheduled to be repealed on January 1, 2007)
32     Sec. 45. In all hearings conducted under this Act,

 

 

HB5084 - 16 - LRB093 15481 AMC 41084 b

1 information received, pursuant to law, relating to any
2 information acquired by a physician in attending any patient in
3 a professional character, necessary to enable them
4 professionally to serve such patient, shall be deemed strictly
5 confidential and shall only be made available either as part of
6 the record of such hearing or otherwise: (a) when such record
7 is required, in its entirety, for purposes of judicial review
8 pursuant to this Act; or (b) upon the express, written consent
9 of the patient, or in the case of their death or disability, of
10 their personal representative.
11     The provisions of this Section shall not apply to
12 information that the Department of Public Health or its
13 designated agent is required to include in a physician's
14 profile pursuant to the Health Care Consumer Information Law.
15 (Source: P.A. 85-4.)
 
16
Article 99.
 
17     Section 99-1. Effective date. This Act takes effect upon
18 becoming law.