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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0387
Introduced 1/26/2007, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
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225 ILCS 60/23 |
from Ch. 111, par. 4400-23 |
225 ILCS 60/23.1 new |
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Amends the Medical Practice Act of 1987. Provides for the public release of
individual profiles on persons licensed under the Act, including information
relating to criminal charges, administrative disciplinary actions, and hospital
privilege revocations. Provides that a
physician may elect to include certain information in his or her profile.
Provides that certain information collected for physician profiles is not
confidential. Provides that, when collecting information or compiling reports
intended to compare physicians, the Disciplinary Board shall require that only
the most basic identifying information from mandatory reports may be used, and
details about a patient or personal details about a physician that are not
already a matter of public record through another source must not be released.
Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0387 |
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LRB095 05265 RAS 25343 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Medical Practice Act of 1987 is amended by |
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| changing Section 23 and by adding Section 23.1 as follows:
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| (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 23. Reports relating to professional conduct
and |
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| capacity. |
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| (A) Entities required to report.
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| (1) Health care institutions. The chief administrator
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| or executive officer of any health care institution |
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| licensed
by the Illinois Department of Public Health shall |
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| report to
the Disciplinary Board when any person's clinical |
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| privileges
are terminated or are restricted based on a |
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| final
determination, in accordance with that institution's |
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| by-laws
or rules and regulations, that a person has either |
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| committed
an act or acts which may directly threaten |
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| patient care, and not of an
administrative nature, or that |
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| a person may be mentally or
physically disabled in such a |
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| manner as to endanger patients
under that person's care. |
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| Such officer also shall report if
a person accepts |
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| voluntary termination or restriction of
clinical |
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HB0387 |
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LRB095 05265 RAS 25343 b |
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| privileges in lieu of formal action based upon conduct |
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| related
directly to patient care and
not of an |
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| administrative nature, or in lieu of formal action
seeking |
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| to determine whether a person may be mentally or
physically |
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| disabled in such a manner as to endanger patients
under |
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| that person's care. The Medical Disciplinary Board
shall, |
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| by rule, provide for the reporting to it of all
instances |
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| in which a person, licensed under this Act, who is
impaired |
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| by reason of age, drug or alcohol abuse or physical
or |
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| mental impairment, is under supervision and, where
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| appropriate, is in a program of rehabilitation. Such
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| reports shall be strictly confidential and may be reviewed
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| and considered only by the members of the Disciplinary
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| Board, or by authorized staff as provided by rules of the
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| Disciplinary Board. Provisions shall be made for the
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| periodic report of the status of any such person not less
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| than twice annually in order that the Disciplinary Board
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| shall have current information upon which to determine the
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| status of any such person. Such initial and periodic
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| reports of impaired physicians shall not be considered
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| records within the meaning of The State Records Act and
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| shall be disposed of, following a determination by the
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| Disciplinary Board that such reports are no longer |
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| required,
in a manner and at such time as the Disciplinary |
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| Board shall
determine by rule. The filing of such reports |
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| shall be
construed as the filing of a report for purposes |
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HB0387 |
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LRB095 05265 RAS 25343 b |
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| of
subsection (C) of this Section.
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| (2) Professional associations. The President or chief
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| executive officer of any association or society, of persons
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| licensed under this Act, operating within this State shall
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| report to the Disciplinary Board when the association or
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| society renders a final determination that a person has
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| committed unprofessional conduct related directly to |
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| patient
care or that a person may be mentally or physically |
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| disabled
in such a manner as to endanger patients under |
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| that person's
care.
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| (3) Professional liability insurers. Every insurance
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| company which offers policies of professional liability
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| insurance to persons licensed under this Act, or any other
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| entity which seeks to indemnify the professional liability
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| of a person licensed under this Act, shall report to the
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| Disciplinary Board the settlement of any claim or cause of
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| action, or final judgment rendered in any cause of action,
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| which alleged negligence in the furnishing of medical care
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| by such licensed person when such settlement or final
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| judgment is in favor of the plaintiff.
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| (4) State's Attorneys. The State's Attorney of each
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| county shall report to the Disciplinary Board all instances
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| in which a person licensed under this Act is convicted or
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| otherwise found guilty of the commission of any felony. The |
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| State's Attorney
of each county may report to the |
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| Disciplinary Board through a verified
complaint any |
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HB0387 |
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LRB095 05265 RAS 25343 b |
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| instance in which the State's Attorney believes that a |
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| physician
has willfully violated the notice requirements |
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| of the Parental Notice of
Abortion Act of 1995.
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| (5) State agencies. All agencies, boards,
commissions, |
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| departments, or other instrumentalities of the
government |
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| of the State of Illinois shall report to the
Disciplinary |
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| Board any instance arising in connection with
the |
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| operations of such agency, including the administration
of |
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| any law by such agency, in which a person licensed under
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| this Act has either committed an act or acts which may be a
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| violation of this Act or which may constitute |
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| unprofessional
conduct related directly to patient care or |
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| which indicates
that a person licensed under this Act may |
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| be mentally or
physically disabled in such a manner as to |
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| endanger patients
under that person's care.
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| (B) Mandatory reporting. All reports required by items |
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| (34), (35), and
(36) of subsection (A) of Section 22 and by |
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| Section 23 shall be submitted to the Disciplinary Board in a |
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| timely
fashion. The reports shall be filed in writing within 60
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| days after a determination that a report is required under
this |
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| Act. All reports shall contain the following
information:
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| (1) The name, address and telephone number of the
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| person making the report.
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| (2) The name, address and telephone number of the
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| person who is the subject of the report.
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| (3) The name and date of birth of any
patient or |
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HB0387 |
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LRB095 05265 RAS 25343 b |
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| patients whose treatment is a subject of the
report, if |
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| available, or other means of identification if such |
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| information is not available, identification of the |
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| hospital or other
healthcare facility where the care at |
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| issue in the report was rendered,
provided, however, no |
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| medical records may be
revealed.
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| (4) A brief description of the facts which gave rise
to |
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| the issuance of the report, including the dates of any
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| occurrences deemed to necessitate the filing of the report.
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| (5) If court action is involved, the identity of the
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| court in which the action is filed, along with the docket
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| number and date of filing of the action.
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| (6) Any further pertinent information which the
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| reporting party deems to be an aid in the evaluation of the
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| report.
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| The Disciplinary Board or Department may also exercise the |
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| power under Section
38 of this Act to subpoena copies of |
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| hospital or medical records in mandatory
report cases alleging |
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| death or permanent bodily injury. Appropriate
rules shall be |
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| adopted by the Department with the approval of the Disciplinary
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| Board.
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| When the Department has received written reports |
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| concerning incidents
required to be reported in items (34), |
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| (35), and (36) of subsection (A) of
Section 22, the licensee's |
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| failure to report the incident to the Department
under those |
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| items shall not be the sole grounds for disciplinary action.
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HB0387 |
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LRB095 05265 RAS 25343 b |
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| Nothing contained in this Section shall act to in any
way, |
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| waive or modify the confidentiality of medical reports
and |
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| committee reports to the extent provided by law. Except for |
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| information required for physician profiles under Section 23.1 |
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| of this Act, any
Any
information reported or disclosed shall be |
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| kept for the
confidential use of the Disciplinary Board, the |
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| Medical
Coordinators, the Disciplinary Board's attorneys, the
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| medical investigative staff, and authorized clerical staff,
as |
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| provided in this Act, and shall be afforded the same
status as |
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| is provided information concerning medical studies
in Part 21 |
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| of Article VIII of the Code of Civil Procedure, except that the |
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| Department may disclose information and documents to a federal, |
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| State, or local law enforcement agency pursuant to a subpoena |
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| in an ongoing criminal investigation. Furthermore, information |
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| and documents disclosed to a federal, State, or local law |
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| enforcement agency may be used by that agency only for the |
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| investigation and prosecution of a criminal offense.
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| (C) Immunity from prosecution. Any individual or
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| organization acting in good faith, and not in a wilful and
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| wanton manner, in complying with this Act by providing any
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| report or other information to the Disciplinary Board or a peer |
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| review committee, or
assisting in the investigation or |
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| preparation of such
information, or by voluntarily reporting to |
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| the Disciplinary Board
or a peer review committee information |
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| regarding alleged errors or negligence by a person licensed |
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| under this Act, or by participating in proceedings of the
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HB0387 |
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LRB095 05265 RAS 25343 b |
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| Disciplinary Board or a peer review committee, or by serving as |
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| a member of the
Disciplinary Board or a peer review committee, |
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| shall not, as a result of such actions,
be subject to criminal |
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| prosecution or civil damages.
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| (D) Indemnification. Members of the Disciplinary
Board, |
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| the Medical Coordinators, the Disciplinary Board's
attorneys, |
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| the medical investigative staff, physicians
retained under |
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| contract to assist and advise the medical
coordinators in the |
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| investigation, and authorized clerical
staff shall be |
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| indemnified by the State for any actions
occurring within the |
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| scope of services on the Disciplinary
Board, done in good faith |
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| and not wilful and wanton in
nature. The Attorney General shall |
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| defend all such actions
unless he or she determines either that |
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| there would be a
conflict of interest in such representation or |
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| that the
actions complained of were not in good faith or were |
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| wilful
and wanton.
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| Should the Attorney General decline representation, the
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| member shall have the right to employ counsel of his or her
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| choice, whose fees shall be provided by the State, after
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| approval by the Attorney General, unless there is a
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| determination by a court that the member's actions were not
in |
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| good faith or were wilful and wanton.
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| The member must notify the Attorney General within 7
days |
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| of receipt of notice of the initiation of any action
involving |
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| services of the Disciplinary Board. Failure to so
notify the |
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| Attorney General shall constitute an absolute
waiver of the |
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HB0387 |
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LRB095 05265 RAS 25343 b |
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| right to a defense and indemnification.
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| The Attorney General shall determine within 7 days
after |
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| receiving such notice, whether he or she will
undertake to |
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| represent the member.
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| (E) Deliberations of Disciplinary Board. Upon the
receipt |
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| of any report called for by this Act, other than
those reports |
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| of impaired persons licensed under this Act
required pursuant |
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| to the rules of the Disciplinary Board,
the Disciplinary Board |
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| shall notify in writing, by certified
mail, the person who is |
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| the subject of the report. Such
notification shall be made |
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| within 30 days of receipt by the
Disciplinary Board of the |
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| report.
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| The notification shall include a written notice setting
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| forth the person's right to examine the report. Included in
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| such notification shall be the address at which the file is
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| maintained, the name of the custodian of the reports, and
the |
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| telephone number at which the custodian may be reached.
The |
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| person who is the subject of the report shall submit a written |
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| statement responding,
clarifying, adding to, or proposing the |
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| amending of the
report previously filed. The person who is the |
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| subject of the report shall also submit with the written |
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| statement any medical records related to the report. The |
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| statement and accompanying medical records shall become a
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| permanent part of the file and must be received by the
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| Disciplinary Board no more than
30 days after the date on
which |
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| the person was notified by the Disciplinary Board of the |
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HB0387 |
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LRB095 05265 RAS 25343 b |
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| existence of
the
original report.
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| The Disciplinary Board shall review all reports
received by |
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| it, together with any supporting information and
responding |
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| statements submitted by persons who are the
subject of reports. |
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| The review by the Disciplinary Board
shall be in a timely |
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| manner but in no event, shall the
Disciplinary Board's initial |
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| review of the material
contained in each disciplinary file be |
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| less than 61 days nor
more than 180 days after the receipt of |
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| the initial report
by the Disciplinary Board.
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| When the Disciplinary Board makes its initial review of
the |
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| materials contained within its disciplinary files, the
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| Disciplinary Board shall, in writing, make a determination
as |
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| to whether there are sufficient facts to warrant further
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| investigation or action. Failure to make such determination
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| within the time provided shall be deemed to be a
determination |
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| that there are not sufficient facts to warrant
further |
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| investigation or action.
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| Should the Disciplinary Board find that there are not
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| sufficient facts to warrant further investigation, or
action, |
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| the report shall be accepted for filing and the
matter shall be |
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| deemed closed and so reported to the Secretary. The Secretary
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| shall then have 30 days to accept the Medical Disciplinary |
23 |
| Board's decision or
request further investigation. The |
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| Secretary shall inform the Board in writing
of the decision to |
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| request further investigation, including the specific
reasons |
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| for the decision. The
individual or entity filing the original |
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HB0387 |
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LRB095 05265 RAS 25343 b |
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| report or complaint
and the person who is the subject of the |
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| report or complaint
shall be notified in writing by the |
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| Secretary of
any final action on their report or complaint.
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| (F) Summary reports. The Disciplinary Board shall
prepare, |
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| on a timely basis, but in no event less than one
every other |
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| month, a summary report of final actions taken
upon |
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| disciplinary files maintained by the Disciplinary Board.
The |
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| summary reports shall be sent by the Disciplinary Board
to |
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| every health care facility licensed by the Illinois
Department |
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| of Public Health, every professional association
and society of |
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| persons licensed under this Act functioning
on a statewide |
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| basis in this State, the American Medical
Association, the |
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| American Osteopathic Association, the
American Chiropractic |
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| Association, all insurers providing
professional liability |
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| insurance to persons licensed under
this Act in the State of |
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| Illinois, the Federation of State
Medical Licensing Boards, and |
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| the Illinois Pharmacists
Association.
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| (G) Any violation of this Section shall be a Class A
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| misdemeanor.
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| (H) If any such person violates the provisions of this
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| Section an action may be brought in the name of the People
of |
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| the State of Illinois, through the Attorney General of
the |
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| State of Illinois, for an order enjoining such violation
or for |
24 |
| an order enforcing compliance with this Section.
Upon filing of |
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| a verified petition in such court, the court
may issue a |
26 |
| temporary restraining order without notice or
bond and may |
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HB0387 |
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LRB095 05265 RAS 25343 b |
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| preliminarily or permanently enjoin such
violation, and if it |
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| is established that such person has
violated or is violating |
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| the injunction, the court may
punish the offender for contempt |
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| of court. Proceedings
under this paragraph shall be in addition |
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| to, and not in
lieu of, all other remedies and penalties |
6 |
| provided for by
this Section.
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| (Source: P.A. 94-677, eff. 8-25-05 .)
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| (225 ILCS 60/23.1 new)
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| (Section scheduled to be repealed on December 31, 2008) |
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| Sec. 23.1. Public disclosure of disciplinary records.
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| (a) The Disciplinary Board shall collect from the reports |
12 |
| required in
subsection (A) of Section 23 all of the following |
13 |
| information to
create
individual
profiles on licensees, in a |
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| format created by the Disciplinary Board that shall
be |
15 |
| available for dissemination to the public:
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| (1) A description of any criminal convictions for |
17 |
| felonies
within the most recent 10
years. For
the purposes |
18 |
| of this item, a person shall be deemed to be convicted of a
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| crime if he or she pled guilty or if he or she was found or |
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| adjudged guilty
by a court of competent jurisdiction.
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| (2) A description of any final disciplinary actions |
22 |
| taken by the
Disciplinary Board
within the most
recent 10 |
23 |
| years. All final disciplinary actions shall remain a matter |
24 |
| of public
record.
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| (3) A description of any final disciplinary actions |
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HB0387 |
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LRB095 05265 RAS 25343 b |
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| taken by licensing
boards in
other states within the most |
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| recent 10 years, but in no event
earlier
than the year |
3 |
| 1995. This information shall come from the Federation of |
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| State
Medical Boards or other national reporting agencies. |
5 |
| Information that is
confidential in the reporting state |
6 |
| shall not be included in the profile.
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| (4) A description of revocation or involuntary |
8 |
| restriction of hospital
privileges as required in |
9 |
| subsection (A)(1) of Section 23.
Only cases that have |
10 |
| occurred
within the most recent 10 years shall be disclosed |
11 |
| by the Disciplinary Board to
the public.
|
12 |
| (5) Names of medical schools and dates of graduation.
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13 |
| The Disciplinary Board shall provide each licensee with a |
14 |
| copy of his or her
profile
prior to release to the public. A |
15 |
| licensee shall be provided a reasonable time
to correct factual |
16 |
| inaccuracies that appear in his or her profile.
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17 |
| (a-5) A licensee may elect to include in his or her profile |
18 |
| the following
information that shall be available for |
19 |
| dissemination to the public:
|
20 |
| (1) specialty board certification;
|
21 |
| (2) number of years in practice;
|
22 |
| (3) names of the hospitals where the licensee has |
23 |
| privileges;
|
24 |
| (4) appointments to medical school faculties and |
25 |
| indication as to whether
a
licensee has had a |
26 |
| responsibility for graduate medical education within the
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HB0387 |
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LRB095 05265 RAS 25343 b |
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| most
recent 10 years;
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2 |
| (5) publications in peer-reviewed medical
literature
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3 |
| within the most recent 10 years;
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4 |
| (6) professional or community service activities
and
|
5 |
| awards;
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6 |
| (7) the location of the licensee's primary practice |
7 |
| setting;
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8 |
| (8) the identification of any translating services |
9 |
| that may be available
at
the licensee's primary practice |
10 |
| location; and
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11 |
| (9) an indication of whether the licensee participates |
12 |
| in the Medicaid
program.
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13 |
| (b) The Department shall maintain a toll free telephone |
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| line for responding
to requests for information about the |
15 |
| disciplinary records of physicians in
Illinois.
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16 |
| (c) When collecting information or compiling reports |
17 |
| intended to compare
physicians, the Disciplinary Board shall |
18 |
| require that:
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| (1) physicians shall be meaningfully involved in the |
20 |
| development of all
aspects of the profile methodology, |
21 |
| including collection methods, formatting,
and methods and |
22 |
| means for release and dissemination;
|
23 |
| (2) the entire methodology for collecting and |
24 |
| analyzing the data shall be
disclosed to all relevant |
25 |
| physician organizations and to all physicians
under |
26 |
| review;
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HB0387 |
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LRB095 05265 RAS 25343 b |
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| (3) data collection and analytical methodologies shall |
2 |
| be used that meet
accepted standards of validity and |
3 |
| reliability;
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4 |
| (4) the limitations of the data sources and analytic |
5 |
| methodologies used to
develop physician profiles shall be |
6 |
| clearly identified and acknowledged,
including but not |
7 |
| limited to the appropriate and inappropriate uses of the
|
8 |
| data;
|
9 |
| (5) provider profiles and other information that have |
10 |
| been compiled
regarding physician performance shall be |
11 |
| shared with physicians under review
prior to dissemination |
12 |
| provided that an opportunity for corrections and
additions |
13 |
| of helpful explanatory comments shall be afforded before
|
14 |
| publication, and provided further that the profiles shall |
15 |
| include only data
that reflect care under the control of |
16 |
| the physician for whom the profile is
prepared;
|
17 |
| (6) comparisons among physician profiles shall adjust |
18 |
| for patient case mix
and other relevant risk factors and |
19 |
| control for provider peer groups, when
appropriate;
|
20 |
| (7) effective safeguards to protect against the |
21 |
| unauthorized use or
disclosure of physician profiles shall |
22 |
| be developed and implemented;
|
23 |
| (8) effective safeguards to protect against the |
24 |
| dissemination of
inconsistent, incomplete, invalid, |
25 |
| inaccurate, or subjective profile data shall
be developed |
26 |
| and implemented;
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HB0387 |
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LRB095 05265 RAS 25343 b |
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| (9) the quality and accuracy of physician profiles, |
2 |
| data sources, and
methodologies shall be evaluated |
3 |
| regularly; and
|
4 |
| (10) only the most basic identifying information from |
5 |
| mandatory
reports may be used, and details about a patient |
6 |
| or personal details about
a physician not already a matter |
7 |
| of public record through another source
must not be |
8 |
| released.
|
9 |
| Section 99. Effective date. This Act takes effect upon |
10 |
| becoming law.
|