Bill Status of HB0252  94th General Assembly


Short Description:  MEDICAL ERROR REPORTING LAW

House Sponsors
Rep. Mary E. Flowers

Last Action
DateChamber Action
  4/13/2005HouseThird Reading - Short Debate - Lost 030-084-003

Statutes Amended In Order of Appearance
New Act
225 ILCS 60/22from Ch. 111, par. 4400-22
225 ILCS 60/45from Ch. 111, par. 4400-45


Synopsis As Introduced
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. Allows for the collection of information needed to complete the physician profiles. Changes the period of time within which certain disciplinary action proceedings concerning licensure under the Act must be commenced from 3 years to 5 years and provides that, except for actions based on grounds concerning cheating on or attempting to subvert licensing examinations, practicing under a false or an assumed name, and fraud or misrepresentation in applying for, procuring, or renewing a license, actions must be commenced within 8 years (rather than 5 years). Effective immediately.

House Committee Amendment No. 1
Deletes reference to:
New Act
225 ILCS 60/45
Adds reference to:
225 ILCS 60/23from Ch. 111, par. 4400-23
225 ILCS 60/23.1 new

Deletes everything. Amends the Medical Practice Act of 1987. Changes the period of time within which certain disciplinary action proceedings concerning licensure under the Act must be commenced from 3 years to 5 years and provides that, except for actions based on grounds concerning cheating on or attempting to subvert licensing examinations, practicing under a false or an assumed name, and fraud or misrepresentation in applying for, procuring, or renewing a license, actions must be commenced within 8 years (rather than 5 years). Provides for the public release of individual profiles on persons licensed under the Act, including information relating to criminal charges, administrative disciplinary actions, hospital privilege revocations, and medical malpractice awards. 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.

House Committee Amendment No. 2
Removes a provision requiring the Disciplinary Board to collect information concerning all medical malpractice court judgments, and medical malpractice arbitration awards in which a payment is made to a complaining party, for the creation of individual profiles on licensees that shall be available for dissemination to the public.

 Fiscal Note (H-AM 1 & 2) Dept. of Financial and Prof Regulation)
 House Bill 252 (H-AM 1 & 2) will have a total initial cost estimate of $1,206,966 and annual maintenance cost of $313,736 that will make physician profiles available to the public over the Internet and by calling a new toll free number.

 Judicial Note (H-AM 1 & 2) (Admin Office of the Illinois Courts)
 Based on a review of this bill it has been determined that the legislation would neither increase nor decrease the number of judges needed in this State.

 State Mandates Fiscal Note (H-AM 1&2)(Dept. of Commerce and Econ Opportunity)
 In the opinion of DCEO, House Bill 252 (H-AM 1 & 2) does not create a State mandate under the State Mandates Act.

 Judicial Note (H-AM 1 & 2) (Admin Office of the Illinois Courts)
 Would neither increase nor decrease the number of judges needed in the state.

Actions 
DateChamber Action
  1/14/2005HouseFiled with the Clerk by Rep. Mary E. Flowers
  1/19/2005HouseFirst Reading
  1/19/2005HouseReferred to Rules Committee
  1/26/2005HouseAssigned to Health Care Availability and Access Committee
  2/1/2005HouseAdded Chief Co-Sponsor Rep. Patricia Bailey
  2/23/2005HouseHouse Committee Amendment No. 1 Filed with Clerk by Health Care Availability and Access Committee
  2/23/2005HouseHouse Committee Amendment No. 1 Adopted in Health Care Availability and Access Committee; by Voice Vote
  2/23/2005HouseMotion Do Pass as Amended - Lost Health Care Availability and Access Committee; 005-000-006
  2/24/2005HouseRemains in Health Care Availability and Access Committee
  3/1/2005HouseHouse Committee Amendment No. 2 Filed with Clerk by Health Care Availability and Access Committee
  3/1/2005HouseHouse Committee Amendment No. 2 Adopted in Health Care Availability and Access Committee; by Voice Vote
  3/1/2005HouseDo Pass as Amended / Short Debate Health Care Availability and Access Committee; 011-000-000
  3/2/2005HousePlaced on Calendar 2nd Reading - Short Debate
  3/3/2005HouseFiscal Note Requested by Rep. William B. Black; As Amended
  3/3/2005HouseState Mandates Fiscal Note Requested by Rep. William B. Black; As Amended
  3/9/2005HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Dave Winters
  3/9/2005HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  3/15/2005HouseFiscal Note Filed As Amended by HA 1,2
  3/16/2005HouseJudicial Note Requested by Rep. William B. Black; As Amended
  3/16/2005HouseJudicial Note Filed As Amended by HA 1,2
  3/17/2005HouseState Mandates Fiscal Note Filed As Amended by HA 1,2
  3/28/2005HouseJudicial Note Filed As Amended by HA 1,2
  4/6/2005HouseSecond Reading - Short Debate
  4/6/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/13/2005HouseRemove Chief Co-Sponsor Rep. Patricia Bailey
  4/13/2005HouseThird Reading - Short Debate - Lost 030-084-003