Full Text of HB0252 94th General Assembly
HB0252eng 94TH GENERAL ASSEMBLY
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HB0252 Engrossed |
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LRB094 04119 RAS 34139 b |
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| AN ACT concerning health care.
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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 | 5 |
| changing Sections
22 and 23 and by adding Section 23.1 as | 6 |
| follows:
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| (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 22. Disciplinary action.
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| (A) The Department may revoke, suspend, place on | 11 |
| probationary
status, or take any other disciplinary action as | 12 |
| the Department may deem proper
with regard to the license or | 13 |
| visiting professor permit of any person issued
under this Act | 14 |
| to practice medicine, or to treat human ailments without the | 15 |
| use
of drugs and without operative surgery upon any of the | 16 |
| following grounds:
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| (1) Performance of an elective abortion in any place, | 18 |
| locale,
facility, or
institution other than:
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| (a) a facility licensed pursuant to the Ambulatory | 20 |
| Surgical Treatment
Center Act;
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| (b) an institution licensed under the Hospital | 22 |
| Licensing Act; or
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| (c) an ambulatory surgical treatment center or | 24 |
| hospitalization or care
facility maintained by the | 25 |
| State or any agency thereof, where such department
or | 26 |
| agency has authority under law to establish and enforce | 27 |
| standards for the
ambulatory surgical treatment | 28 |
| centers, hospitalization, or care facilities
under its | 29 |
| management and control; or
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| (d) ambulatory surgical treatment centers, | 31 |
| hospitalization or care
facilities maintained by the | 32 |
| Federal Government; or
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| (e) ambulatory surgical treatment centers, | 2 |
| hospitalization or care
facilities maintained by any | 3 |
| university or college established under the laws
of | 4 |
| this State and supported principally by public funds | 5 |
| raised by
taxation.
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| (2) Performance of an abortion procedure in a wilful | 7 |
| and wanton
manner on a
woman who was not pregnant at the | 8 |
| time the abortion procedure was
performed.
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| (3) The conviction of a felony in this or any other
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| jurisdiction, except as
otherwise provided in subsection B | 11 |
| of this Section, whether or not related to
practice under | 12 |
| this Act, or the entry of a guilty or nolo contendere plea | 13 |
| to a
felony charge.
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| (4) Gross negligence in practice under this Act.
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| (5) Engaging in dishonorable, unethical or | 16 |
| unprofessional
conduct of a
character likely to deceive, | 17 |
| defraud or harm the public.
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| (6) Obtaining any fee by fraud, deceit, or
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| misrepresentation.
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| (7) Habitual or excessive use or abuse of drugs defined | 21 |
| in law
as
controlled substances, of alcohol, or of any | 22 |
| other substances which results in
the inability to practice | 23 |
| with reasonable judgment, skill or safety.
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| (8) Practicing under a false or, except as provided by | 25 |
| law, an
assumed
name.
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| (9) Fraud or misrepresentation in applying for, or | 27 |
| procuring, a
license
under this Act or in connection with | 28 |
| applying for renewal of a license under
this Act.
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| (10) Making a false or misleading statement regarding | 30 |
| their
skill or the
efficacy or value of the medicine, | 31 |
| treatment, or remedy prescribed by them at
their direction | 32 |
| in the treatment of any disease or other condition of the | 33 |
| body
or mind.
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| (11) Allowing another person or organization to use | 35 |
| their
license, procured
under this Act, to practice.
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| (12) Disciplinary action of another state or |
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| jurisdiction
against a license
or other authorization to | 2 |
| practice as a medical doctor, doctor of osteopathy,
doctor | 3 |
| of osteopathic medicine or
doctor of chiropractic, a | 4 |
| certified copy of the record of the action taken by
the | 5 |
| other state or jurisdiction being prima facie evidence | 6 |
| thereof.
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| (13) Violation of any provision of this Act or of the | 8 |
| Medical
Practice Act
prior to the repeal of that Act, or | 9 |
| violation of the rules, or a final
administrative action of | 10 |
| the Director, after consideration of the
recommendation of | 11 |
| the Disciplinary Board.
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| (14) Dividing with anyone other than physicians with | 13 |
| whom the
licensee
practices in a partnership, Professional | 14 |
| Association, limited liability
company, or Medical or | 15 |
| Professional
Corporation any fee, commission, rebate or | 16 |
| other form of compensation for any
professional services | 17 |
| not actually and personally rendered. Nothing contained
in | 18 |
| this subsection prohibits persons holding valid and | 19 |
| current licenses under
this Act from practicing medicine in | 20 |
| partnership under a partnership
agreement, including a | 21 |
| limited liability partnership, in a limited liability
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| company under the Limited Liability Company Act, in a | 23 |
| corporation authorized by
the Medical Corporation Act, as | 24 |
| an
association authorized by the Professional Association | 25 |
| Act, or in a
corporation under the
Professional Corporation | 26 |
| Act or from pooling, sharing, dividing or
apportioning the | 27 |
| fees and monies received by them or by the partnership,
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| corporation or association in accordance with the | 29 |
| partnership agreement or the
policies of the Board of | 30 |
| Directors of the corporation or association. Nothing
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| contained in this subsection prohibits 2 or more | 32 |
| corporations authorized by the
Medical Corporation Act, | 33 |
| from forming a partnership or joint venture of such
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| corporations, and providing medical, surgical and | 35 |
| scientific research and
knowledge by employees of these | 36 |
| corporations if such employees are licensed
under this Act, |
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| or from pooling, sharing, dividing, or apportioning the | 2 |
| fees
and monies received by the partnership or joint | 3 |
| venture in accordance with the
partnership or joint venture | 4 |
| agreement. Nothing contained in this subsection
shall | 5 |
| abrogate the right of 2 or more persons, holding valid and | 6 |
| current
licenses under this Act, to each receive adequate | 7 |
| compensation for concurrently
rendering professional | 8 |
| services to a patient and divide a fee; provided, the
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| patient has full knowledge of the division, and, provided, | 10 |
| that the division is
made in proportion to the services | 11 |
| performed and responsibility assumed by
each.
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| (15) A finding by the Medical Disciplinary Board that | 13 |
| the
registrant after
having his or her license placed on | 14 |
| probationary status or subjected to
conditions or | 15 |
| restrictions violated the terms of the probation or failed | 16 |
| to
comply with such terms or conditions.
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| (16) Abandonment of a patient.
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| (17) Prescribing, selling, administering, | 19 |
| distributing, giving
or
self-administering any drug | 20 |
| classified as a controlled substance (designated
product) | 21 |
| or narcotic for other than medically accepted therapeutic
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| purposes.
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| (18) Promotion of the sale of drugs, devices, | 24 |
| appliances or
goods provided
for a patient in such manner | 25 |
| as to exploit the patient for financial gain of
the | 26 |
| physician.
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| (19) Offering, undertaking or agreeing to cure or treat
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| disease by a secret
method, procedure, treatment or | 29 |
| medicine, or the treating, operating or
prescribing for any | 30 |
| human condition by a method, means or procedure which the
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| licensee refuses to divulge upon demand of the Department.
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| (20) Immoral conduct in the commission of any act | 33 |
| including,
but not limited to, commission of an act of | 34 |
| sexual misconduct related to the
licensee's
practice.
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| (21) Wilfully making or filing false records or reports | 36 |
| in his
or her
practice as a physician, including, but not |
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| limited to, false records to
support claims against the | 2 |
| medical assistance program of the Department of
Public Aid | 3 |
| under the Illinois Public Aid Code.
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| (22) Wilful omission to file or record, or wilfully | 5 |
| impeding
the filing or
recording, or inducing another | 6 |
| person to omit to file or record, medical
reports as | 7 |
| required by law, or wilfully failing to report an instance | 8 |
| of
suspected abuse or neglect as required by law.
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| (23) Being named as a perpetrator in an indicated | 10 |
| report by
the Department
of Children and Family Services | 11 |
| under the Abused and Neglected Child Reporting
Act, and | 12 |
| upon proof by clear and convincing evidence that the | 13 |
| licensee has
caused a child to be an abused child or | 14 |
| neglected child as defined in the
Abused and Neglected | 15 |
| Child Reporting Act.
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| (24) Solicitation of professional patronage by any
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| corporation, agents or
persons, or profiting from those | 18 |
| representing themselves to be agents of the
licensee.
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| (25) Gross and wilful and continued overcharging for
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| professional services,
including filing false statements | 21 |
| for collection of fees for which services are
not rendered, | 22 |
| including, but not limited to, filing such false statements | 23 |
| for
collection of monies for services not rendered from the | 24 |
| medical assistance
program of the Department of Public Aid | 25 |
| under the Illinois Public Aid
Code.
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| (26) A pattern of practice or other behavior which
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| demonstrates incapacity
or incompetence to practice under | 28 |
| this Act.
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| (27) Mental illness or disability which results in the
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| inability to
practice under this Act with reasonable | 31 |
| judgment, skill or safety.
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| (28) Physical illness, including, but not limited to,
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| deterioration through
the aging process, or loss of motor | 34 |
| skill which results in a physician's
inability to practice | 35 |
| under this Act with reasonable judgment, skill or
safety.
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| (29) Cheating on or attempt to subvert the licensing
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| examinations
administered under this Act.
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| (30) Wilfully or negligently violating the | 3 |
| confidentiality
between
physician and patient except as | 4 |
| required by law.
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| (31) The use of any false, fraudulent, or deceptive | 6 |
| statement
in any
document connected with practice under | 7 |
| this Act.
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| (32) Aiding and abetting an individual not licensed | 9 |
| under this
Act in the
practice of a profession licensed | 10 |
| under this Act.
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| (33) Violating state or federal laws or regulations | 12 |
| relating
to controlled
substances.
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| (34) Failure to report to the Department any adverse | 14 |
| final
action taken
against them by another licensing | 15 |
| jurisdiction (any other state or any
territory of the | 16 |
| United States or any foreign state or country), by any peer
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| review body, by any health care institution, by any | 18 |
| professional society or
association related to practice | 19 |
| under this Act, by any governmental agency, by
any law | 20 |
| enforcement agency, or by any court for acts or conduct | 21 |
| similar to acts
or conduct which would constitute grounds | 22 |
| for action as defined in this
Section.
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| (35) Failure to report to the Department surrender of a
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| license or
authorization to practice as a medical doctor, a | 25 |
| doctor of osteopathy, a
doctor of osteopathic medicine, or | 26 |
| doctor
of chiropractic in another state or jurisdiction, or | 27 |
| surrender of membership on
any medical staff or in any | 28 |
| medical or professional association or society,
while | 29 |
| under disciplinary investigation by any of those | 30 |
| authorities or bodies,
for acts or conduct similar to acts | 31 |
| or conduct which would constitute grounds
for action as | 32 |
| defined in this Section.
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| (36) Failure to report to the Department any adverse | 34 |
| judgment,
settlement,
or award arising from a liability | 35 |
| claim related to acts or conduct similar to
acts or conduct | 36 |
| which would constitute grounds for action as defined in |
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| this
Section.
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| (37) Failure to transfer copies of medical records as | 3 |
| required
by law.
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| (38) Failure to furnish the Department, its | 5 |
| investigators or
representatives, relevant information, | 6 |
| legally requested by the Department
after consultation | 7 |
| with the Chief Medical Coordinator or the Deputy Medical
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| Coordinator.
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| (39) Violating the Health Care Worker Self-Referral
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| Act.
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| (40) Willful failure to provide notice when notice is | 12 |
| required
under the
Parental Notice of Abortion Act of 1995.
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| (41) Failure to establish and maintain records of | 14 |
| patient care and
treatment as required by this law.
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| (42) Entering into an excessive number of written | 16 |
| collaborative
agreements with licensed advanced practice | 17 |
| nurses resulting in an inability to
adequately collaborate | 18 |
| and provide medical direction.
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| (43) Repeated failure to adequately collaborate with | 20 |
| or provide medical
direction to a licensed advanced | 21 |
| practice nurse.
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| All proceedings to suspend,
revoke, place on probationary | 23 |
| status, or take any
other disciplinary action as the Department | 24 |
| may deem proper, with regard to a
license on any of the | 25 |
| foregoing grounds, must be commenced within 5
3 years next
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| after receipt by the Department of a complaint alleging the | 27 |
| commission of or
notice of the conviction order for any of the | 28 |
| acts described herein. Except
for the grounds numbered (8), (9) | 29 |
| and (29), no action shall be commenced more
than 8
5 years | 30 |
| after the date of the incident or act alleged to have violated
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| this Section. In the event of the settlement of any claim or | 32 |
| cause of action
in favor of the claimant or the reduction to | 33 |
| final judgment of any civil action
in favor of the plaintiff, | 34 |
| such claim, cause of action or civil action being
grounded on | 35 |
| the allegation that a person licensed under this Act was | 36 |
| negligent
in providing care, the Department shall have an |
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| additional period of one year
from the date of notification to | 2 |
| the Department under Section 23 of this Act
of such settlement | 3 |
| or final judgment in which to investigate and
commence formal | 4 |
| disciplinary proceedings under Section 36 of this Act, except
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| as otherwise provided by law. The time during which the holder | 6 |
| of the license
was outside the State of Illinois shall not be | 7 |
| included within any period of
time limiting the commencement of | 8 |
| disciplinary action by the Department.
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| The entry of an order or judgment by any circuit court | 10 |
| establishing that any
person holding a license under this Act | 11 |
| is a person in need of mental treatment
operates as a | 12 |
| suspension of that license. That person may resume their
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| practice only upon the entry of a Departmental order based upon | 14 |
| a finding by
the Medical Disciplinary Board that they have been | 15 |
| determined to be recovered
from mental illness by the court and | 16 |
| upon the Disciplinary Board's
recommendation that they be | 17 |
| permitted to resume their practice.
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| The Department may refuse to issue or take disciplinary | 19 |
| action concerning the license of any person
who fails to file a | 20 |
| return, or to pay the tax, penalty or interest shown in a
filed | 21 |
| return, or to pay any final assessment of tax, penalty or | 22 |
| interest, as
required by any tax Act administered by the | 23 |
| Illinois Department of Revenue,
until such time as the | 24 |
| requirements of any such tax Act are satisfied as
determined by | 25 |
| the Illinois Department of Revenue.
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| The Department, upon the recommendation of the | 27 |
| Disciplinary Board, shall
adopt rules which set forth standards | 28 |
| to be used in determining:
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| (a) when a person will be deemed sufficiently | 30 |
| rehabilitated to warrant the
public trust;
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| (b) what constitutes dishonorable, unethical or | 32 |
| unprofessional conduct of
a character likely to deceive, | 33 |
| defraud, or harm the public;
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| (c) what constitutes immoral conduct in the commission | 35 |
| of any act,
including, but not limited to, commission of an | 36 |
| act of sexual misconduct
related
to the licensee's |
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| practice; and
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| (d) what constitutes gross negligence in the practice | 3 |
| of medicine.
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| However, no such rule shall be admissible into evidence in | 5 |
| any civil action
except for review of a licensing or other | 6 |
| disciplinary action under this Act.
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| In enforcing this Section, the Medical Disciplinary Board,
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| upon a showing of a possible violation, may compel any | 9 |
| individual licensed to
practice under this Act, or who has | 10 |
| applied for licensure or a permit
pursuant to this Act, to | 11 |
| submit to a mental or physical examination, or both,
as | 12 |
| required by and at the expense of the Department. The examining | 13 |
| physician
or physicians shall be those specifically designated | 14 |
| by the Disciplinary Board.
The Medical Disciplinary Board or | 15 |
| the Department may order the examining
physician to present | 16 |
| testimony concerning this mental or physical examination
of the | 17 |
| licensee or applicant. No information shall be excluded by | 18 |
| reason of
any common
law or statutory privilege relating to | 19 |
| communication between the licensee or
applicant and
the | 20 |
| examining physician.
The individual to be examined may have, at | 21 |
| his or her own expense, another
physician of his or her choice | 22 |
| present during all aspects of the examination.
Failure of any | 23 |
| individual to submit to mental or physical examination, when
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| directed, shall be grounds for suspension of his or her license | 25 |
| until such time
as the individual submits to the examination if | 26 |
| the Disciplinary Board finds,
after notice and hearing, that | 27 |
| the refusal to submit to the examination was
without reasonable | 28 |
| cause. If the Disciplinary Board finds a physician unable
to | 29 |
| practice because of the reasons set forth in this Section, the | 30 |
| Disciplinary
Board shall require such physician to submit to | 31 |
| care, counseling, or treatment
by physicians approved or | 32 |
| designated by the Disciplinary Board, as a condition
for | 33 |
| continued, reinstated, or renewed licensure to practice. Any | 34 |
| physician,
whose license was granted pursuant to Sections 9, | 35 |
| 17, or 19 of this Act, or,
continued, reinstated, renewed, | 36 |
| disciplined or supervised, subject to such
terms, conditions or |
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| restrictions who shall fail to comply with such terms,
| 2 |
| conditions or restrictions, or to complete a required program | 3 |
| of care,
counseling, or treatment, as determined by the Chief | 4 |
| Medical Coordinator or
Deputy Medical Coordinators, shall be | 5 |
| referred to the Director for a
determination as to whether the | 6 |
| licensee shall have their license suspended
immediately, | 7 |
| pending a hearing by the Disciplinary Board. In instances in
| 8 |
| which the Director immediately suspends a license under this | 9 |
| Section, a hearing
upon such person's license must be convened | 10 |
| by the Disciplinary Board within 15
days after such suspension | 11 |
| and completed without appreciable delay. The
Disciplinary | 12 |
| Board shall have the authority to review the subject | 13 |
| physician's
record of treatment and counseling regarding the | 14 |
| impairment, to the extent
permitted by applicable federal | 15 |
| statutes and regulations safeguarding the
confidentiality of | 16 |
| medical records.
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| An individual licensed under this Act, affected under this | 18 |
| Section, shall be
afforded an opportunity to demonstrate to the | 19 |
| Disciplinary Board that they can
resume practice in compliance | 20 |
| with acceptable and prevailing standards under
the provisions | 21 |
| of their license.
| 22 |
| The Department may promulgate rules for the imposition of | 23 |
| fines in
disciplinary cases, not to exceed $5,000 for each | 24 |
| violation of this Act. Fines
may be imposed in conjunction with | 25 |
| other forms of disciplinary action, but
shall not be the | 26 |
| exclusive disposition of any disciplinary action arising out
of | 27 |
| conduct resulting in death or injury to a patient. Any funds | 28 |
| collected from
such fines shall be deposited in the Medical | 29 |
| Disciplinary Fund.
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| (B) The Department shall revoke the license or visiting
| 31 |
| permit of any person issued under this Act to practice medicine | 32 |
| or to treat
human ailments without the use of drugs and without | 33 |
| operative surgery, who
has been convicted a second time of | 34 |
| committing any felony under the
Illinois Controlled Substances | 35 |
| Act, or who has been convicted a second time of
committing a | 36 |
| Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois |
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| Public
Aid Code. A person whose license or visiting permit is | 2 |
| revoked
under
this subsection B of Section 22 of this Act shall | 3 |
| be prohibited from practicing
medicine or treating human | 4 |
| ailments without the use of drugs and without
operative | 5 |
| surgery.
| 6 |
| (C) The Medical Disciplinary Board shall recommend to the
| 7 |
| Department civil
penalties and any other appropriate | 8 |
| discipline in disciplinary cases when the
Board finds that a | 9 |
| physician willfully performed an abortion with actual
| 10 |
| knowledge that the person upon whom the abortion has been | 11 |
| performed is a minor
or an incompetent person without notice as | 12 |
| required under the Parental Notice
of Abortion Act of 1995. | 13 |
| Upon the Board's recommendation, the Department shall
impose, | 14 |
| for the first violation, a civil penalty of $1,000 and for a | 15 |
| second or
subsequent violation, a civil penalty of $5,000.
| 16 |
| (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96; 89-626, | 17 |
| eff.
8-9-96; 89-702, eff. 7-1-97; 90-742, eff. 8-13-98.)
| 18 |
| (225 ILCS 60/23)
(from Ch. 111, par. 4400-23)
| 19 |
| Sec. 23. Reports relating to professional conduct
and | 20 |
| capacity.
| 21 |
| (A) Entities required to report.
| 22 |
| (1) Health care institutions. The chief administrator
| 23 |
| or executive officer of any health care institution | 24 |
| licensed
by the Illinois Department of Public Health shall | 25 |
| report to
the Disciplinary Board when any person's clinical | 26 |
| privileges
are terminated or restricted based on a final
| 27 |
| determination, in accordance with that institution's | 28 |
| by-laws
or rules and regulations, that a person has either | 29 |
| committed
an act or acts which may directly threaten | 30 |
| patient care, and not of an
administrative nature, or that | 31 |
| a person may be mentally or
physically disabled in such a | 32 |
| manner as to endanger patients
under that person's care. | 33 |
| Such officer also shall report if
a person accepts | 34 |
| voluntary termination or restriction of
clinical | 35 |
| privileges in lieu of formal action based upon conduct |
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| related
directly to patient care and
not of an | 2 |
| administrative nature, or in lieu of formal action
seeking | 3 |
| to determine whether a person may be mentally or
physically | 4 |
| disabled in such a manner as to endanger patients
under | 5 |
| that person's care. The Medical Disciplinary Board
shall, | 6 |
| by rule, provide for the reporting to the Board of all
| 7 |
| instances in which a person, licensed under this Act, who | 8 |
| is
impaired by reason of age, drug or alcohol abuse, | 9 |
| physical
or mental impairment, is under supervision and, | 10 |
| where
appropriate, is in a program of rehabilitation. Such
| 11 |
| reports shall be strictly confidential and may be reviewed
| 12 |
| and considered only by the members of the Disciplinary
| 13 |
| Board, or by authorized staff as provided by rules of the
| 14 |
| Disciplinary Board. Provisions shall be made for the
| 15 |
| periodic report of the status of any such person not less
| 16 |
| than twice annually in order that the Disciplinary Board
| 17 |
| shall have current information upon which to determine the
| 18 |
| status of any such person. Such initial and periodic
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| reports of impaired physicians shall not be considered
| 20 |
| records within the meaning of The State Records Act and
| 21 |
| shall be disposed of, following a determination by the
| 22 |
| Disciplinary Board that such reports are no longer | 23 |
| required,
in a manner and at such time as the Disciplinary | 24 |
| Board shall
determine by rule. The filing of such reports | 25 |
| shall be
construed as the filing of a report for purposes | 26 |
| of
subsection (C) of this Section.
| 27 |
| (2) Professional associations. The President or chief
| 28 |
| executive officer of any association or society, of persons
| 29 |
| licensed under this Act, operating within this State shall
| 30 |
| report to the Disciplinary Board when the association or
| 31 |
| society renders a final determination that a person has
| 32 |
| committed unprofessional conduct related directly to | 33 |
| patient
care or that a person may be mentally or physically | 34 |
| disabled
in such a manner as to endanger patients under | 35 |
| that person's
care.
| 36 |
| (3) Professional liability insurers. Every insurance
|
|
|
|
HB0252 Engrossed |
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LRB094 04119 RAS 34139 b |
|
| 1 |
| company which offers policies of professional liability
| 2 |
| insurance to persons licensed under this Act, or any other
| 3 |
| entity which seeks to indemnify the professional liability
| 4 |
| of a person licensed under this Act, shall report to the
| 5 |
| Disciplinary Board the settlement of any claim or cause of
| 6 |
| action, or final judgment rendered in any cause of action,
| 7 |
| which alleged negligence in the furnishing of medical care
| 8 |
| by such licensed person when such settlement or final
| 9 |
| judgment is in favor of the plaintiff.
| 10 |
| (4) State's Attorneys. The State's Attorney of each
| 11 |
| county shall report to the Disciplinary Board all instances
| 12 |
| in which a person licensed under this Act is convicted or
| 13 |
| otherwise found guilty of the commission of any felony. The | 14 |
| State's Attorney
of each county may report to the | 15 |
| Disciplinary Board through a verified
complaint any | 16 |
| instance in which the State's Attorney believes that a | 17 |
| physician
has willfully violated the notice requirements | 18 |
| of the Parental Notice of
Abortion Act of 1995.
| 19 |
| (5) State agencies. All agencies, boards,
commissions, | 20 |
| departments, or other instrumentalities of the
government | 21 |
| of the State of Illinois shall report to the
Disciplinary | 22 |
| Board any instance arising in connection with
the | 23 |
| operations of such agency, including the administration
of | 24 |
| any law by such agency, in which a person licensed under
| 25 |
| this Act has either committed an act or acts which may be a
| 26 |
| violation of this Act or which may constitute | 27 |
| unprofessional
conduct related directly to patient care or | 28 |
| which indicates
that a person licensed under this Act may | 29 |
| be mentally or
physically disabled in such a manner as to | 30 |
| endanger patients
under that person's care.
| 31 |
| (B) Mandatory reporting. All reports required by items | 32 |
| (34), (35), and
(36) of subsection (A) of Section 22 and by | 33 |
| Section 23 shall be submitted to the Disciplinary Board in a | 34 |
| timely
fashion. The reports shall be filed in writing within 60
| 35 |
| days after a determination that a report is required under
this | 36 |
| Act. All reports shall contain the following
information:
|
|
|
|
HB0252 Engrossed |
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LRB094 04119 RAS 34139 b |
|
| 1 |
| (1) The name, address, and telephone number of the
| 2 |
| person making the report.
| 3 |
| (2) The name, address, and telephone number of the
| 4 |
| person who is the subject of the report.
| 5 |
| (3) The name or other means of identification of any
| 6 |
| patient or patients whose treatment is a subject of the
| 7 |
| report, provided, however, no medical records may be
| 8 |
| revealed without the written consent of the patient or
| 9 |
| patients.
| 10 |
| (4) A brief description of the facts which gave rise
to | 11 |
| the issuance of the report, including the dates of any
| 12 |
| occurrences deemed to necessitate the filing of the report.
| 13 |
| (5) If court action is involved, the identity of the
| 14 |
| court in which the action is filed, along with the docket
| 15 |
| number and date of filing of the action.
| 16 |
| (6) Any further pertinent information which the
| 17 |
| reporting party deems to be an aid in the evaluation of the
| 18 |
| report.
| 19 |
| The Department shall have the right to inform patients of | 20 |
| the right to
provide written consent for the Department to | 21 |
| obtain copies of hospital and
medical records.
The Disciplinary | 22 |
| Board or Department may exercise the power under Section
38 of | 23 |
| this Act to subpoena copies of hospital or medical records in | 24 |
| mandatory
report cases alleging death or permanent bodily | 25 |
| injury when consent to obtain
records is not provided by a | 26 |
| patient or legal representative. Appropriate
rules shall be | 27 |
| adopted by the Department with the approval of the Disciplinary
| 28 |
| Board.
| 29 |
| When the Department has received written reports | 30 |
| concerning incidents
required to be reported in items (34), | 31 |
| (35), and (36) of subsection (A) of
Section 22, the licensee's | 32 |
| failure to report the incident to the Department
under those | 33 |
| items shall not be the sole grounds for disciplinary action.
| 34 |
| Nothing contained in this Section shall act to in any
way, | 35 |
| waive or modify the confidentiality of medical reports
and | 36 |
| committee reports to the extent provided by law. Except for |
|
|
|
HB0252 Engrossed |
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LRB094 04119 RAS 34139 b |
|
| 1 |
| information
required for physician profiles under Section 23.1 | 2 |
| of this Act, any
information reported or disclosed shall be | 3 |
| kept for the
confidential use of the Disciplinary Board, the | 4 |
| Medical
Coordinators, the Disciplinary Board's attorneys, the
| 5 |
| medical investigative staff, and authorized clerical staff,
as | 6 |
| provided in this Act, and shall be afforded the same
status as | 7 |
| is provided information concerning medical studies
in Part 21 | 8 |
| of Article VIII of the Code of Civil Procedure.
| 9 |
| (C) Immunity from prosecution. Any individual or
| 10 |
| organization acting in good faith, and not in a wilful and
| 11 |
| wanton manner, in complying with this Act by providing any
| 12 |
| report or other information to the Disciplinary Board, or
| 13 |
| assisting in the investigation or preparation of such
| 14 |
| information, or by participating in proceedings of the
| 15 |
| Disciplinary Board, or by serving as a member of the
| 16 |
| Disciplinary Board, shall not, as a result of such actions,
be | 17 |
| subject to criminal prosecution or civil damages.
| 18 |
| (D) Indemnification. Members of the Disciplinary
Board, | 19 |
| the Medical Coordinators, the Disciplinary Board's
attorneys, | 20 |
| the medical investigative staff, physicians
retained under | 21 |
| contract to assist and advise the medical
coordinators in the | 22 |
| investigation, and authorized clerical
staff shall be | 23 |
| indemnified by the State for any actions
occurring within the | 24 |
| scope of services on the Disciplinary
Board, done in good faith | 25 |
| and not wilful and wanton in
nature. The Attorney General shall | 26 |
| defend all such actions
unless he or she determines either that | 27 |
| there would be a
conflict of interest in such representation or | 28 |
| that the
actions complained of were not in good faith or were | 29 |
| wilful
and wanton.
| 30 |
| Should the Attorney General decline representation, the
| 31 |
| member shall have the right to employ counsel of his or her
| 32 |
| choice, whose fees shall be provided by the State, after
| 33 |
| approval by the Attorney General, unless there is a
| 34 |
| determination by a court that the member's actions were not
in | 35 |
| good faith or were wilful and wanton.
| 36 |
| The member must notify the Attorney General within 7
days |
|
|
|
HB0252 Engrossed |
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LRB094 04119 RAS 34139 b |
|
| 1 |
| of receipt of notice of the initiation of any action
involving | 2 |
| services of the Disciplinary Board. Failure to so
notify the | 3 |
| Attorney General shall constitute an absolute
waiver of the | 4 |
| right to a defense and indemnification.
| 5 |
| The Attorney General shall determine within 7 days
after | 6 |
| receiving such notice, whether he or she will
undertake to | 7 |
| represent the member.
| 8 |
| (E) Deliberations of Disciplinary Board. Upon the
receipt | 9 |
| of any report called for by this Act, other than
those reports | 10 |
| of impaired persons licensed under this Act
required pursuant | 11 |
| to the rules of the Disciplinary Board,
the Disciplinary Board | 12 |
| shall notify in writing, by certified
mail, the person who is | 13 |
| the subject of the report. Such
notification shall be made | 14 |
| within 30 days of receipt by the
Disciplinary Board of the | 15 |
| report.
| 16 |
| The notification shall include a written notice setting
| 17 |
| forth the person's right to examine the report. Included in
| 18 |
| such notification shall be the address at which the file is
| 19 |
| maintained, the name of the custodian of the reports, and
the | 20 |
| telephone number at which the custodian may be reached.
The | 21 |
| person who is the subject of the report shall submit a written | 22 |
| statement responding,
clarifying, adding to, or proposing the | 23 |
| amending of the
report previously filed. The statement shall | 24 |
| become a
permanent part of the file and must be received by the
| 25 |
| Disciplinary Board no more than 60 days after the date on
which | 26 |
| the person was notified by the Disciplinary Board of the | 27 |
| existence of
the
original report.
| 28 |
| The Disciplinary Board shall review all reports
received by | 29 |
| it, together with any supporting information and
responding | 30 |
| statements submitted by persons who are the
subject of reports. | 31 |
| The review by the Disciplinary Board
shall be in a timely | 32 |
| manner but in no event, shall the
Disciplinary Board's initial | 33 |
| review of the material
contained in each disciplinary file be | 34 |
| less than 61 days nor
more than 180 days after the receipt of | 35 |
| the initial report
by the Disciplinary Board.
| 36 |
| When the Disciplinary Board makes its initial review of
the |
|
|
|
HB0252 Engrossed |
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LRB094 04119 RAS 34139 b |
|
| 1 |
| materials contained within its disciplinary files, the
| 2 |
| Disciplinary Board shall, in writing, make a determination
as | 3 |
| to whether there are sufficient facts to warrant further
| 4 |
| investigation or action. Failure to make such determination
| 5 |
| within the time provided shall be deemed to be a
determination | 6 |
| that there are not sufficient facts to warrant
further | 7 |
| investigation or action.
| 8 |
| Should the Disciplinary Board find that there are not
| 9 |
| sufficient facts to warrant further investigation, or
action, | 10 |
| the report shall be accepted for filing and the
matter shall be | 11 |
| deemed closed and so reported to the Director. The Director
| 12 |
| shall then have 30 days to accept the Medical Disciplinary | 13 |
| Board's decision or
request further investigation. The | 14 |
| Director shall inform the Board in writing
of the decision to | 15 |
| request further investigation, including the specific
reasons | 16 |
| for the decision. The
individual or entity filing the original | 17 |
| report or complaint
and the person who is the subject of the | 18 |
| report or complaint
shall be notified in writing by the | 19 |
| Director of
any final action on their report or complaint.
| 20 |
| (F) Summary reports. The Disciplinary Board shall
prepare, | 21 |
| on a timely basis, but in no event less than one
every other | 22 |
| month, a summary report of final actions taken
upon | 23 |
| disciplinary files maintained by the Disciplinary Board.
The | 24 |
| summary reports shall be sent by the Disciplinary Board
to | 25 |
| every health care facility licensed by the Illinois
Department | 26 |
| of Public Health, every professional association
and society of | 27 |
| persons licensed under this Act functioning
on a statewide | 28 |
| basis in this State, the American Medical
Association, the | 29 |
| American Osteopathic Association, the
American Chiropractic | 30 |
| Association, all insurers providing
professional liability | 31 |
| insurance to persons licensed under
this Act in the State of | 32 |
| Illinois, the Federation of State
Medical Licensing Boards, and | 33 |
| the Illinois Pharmacists
Association.
| 34 |
| (G) Any violation of this Section shall be a Class A
| 35 |
| misdemeanor.
| 36 |
| (H) If any such person violates the provisions of this
|
|
|
|
HB0252 Engrossed |
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LRB094 04119 RAS 34139 b |
|
| 1 |
| Section an action may be brought in the name of the People
of | 2 |
| the State of Illinois, through the Attorney General of
the | 3 |
| State of Illinois, for an order enjoining such violation
or for | 4 |
| an order enforcing compliance with this Section.
Upon filing of | 5 |
| a verified petition in such court, the court
may issue a | 6 |
| temporary restraining order without notice or
bond and may | 7 |
| preliminarily or permanently enjoin such
violation, and if it | 8 |
| is established that such person has
violated or is violating | 9 |
| the injunction, the court may
punish the offender for contempt | 10 |
| of court. Proceedings
under this paragraph shall be in addition | 11 |
| to, and not in
lieu of, all other remedies and penalties | 12 |
| provided for by
this Section.
| 13 |
| (Source: P.A. 89-18, eff. 6-1-95; 89-702, eff. 7-1-97; 90-699, | 14 |
| eff.
1-1-99.)
| 15 |
| (225 ILCS 60/23.1 new)
| 16 |
| Sec. 23.1. Public disclosure of disciplinary records.
| 17 |
| (a) The Disciplinary Board shall collect from the reports | 18 |
| required in
subsection (A) of Section 23 all of the following | 19 |
| information to
create
individual
profiles on licensees, in a | 20 |
| format created by the Disciplinary Board that shall
be | 21 |
| available for dissemination to the public:
| 22 |
| (1) A description of any criminal convictions for | 23 |
| felonies
within the most recent 10
years. For
the purposes | 24 |
| of this item, a person shall be deemed to be convicted of a
| 25 |
| crime if he or she pled guilty or if he or she was found or | 26 |
| adjudged guilty
by a court of competent jurisdiction.
| 27 |
| (2) A description of any final disciplinary actions | 28 |
| taken by the
Disciplinary Board
within the most
recent 10 | 29 |
| years. All final disciplinary actions shall remain a matter | 30 |
| of public
record.
| 31 |
| (3) A description of any final disciplinary actions | 32 |
| taken by licensing
boards in
other states within the most | 33 |
| recent 10 years, but in no event
earlier
than the year | 34 |
| 1995. This information shall come from the Federation of | 35 |
| State
Medical Boards or other national reporting agencies. |
|
|
|
HB0252 Engrossed |
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LRB094 04119 RAS 34139 b |
|
| 1 |
| Information that is
confidential in the reporting state | 2 |
| shall not be included in the profile.
| 3 |
| (4) A description of revocation or involuntary | 4 |
| restriction of hospital
privileges as required in | 5 |
| subsection (A)(1) of Section 23.
Only cases that have | 6 |
| occurred
within the most recent 10 years shall be disclosed | 7 |
| by the Disciplinary Board to
the public.
| 8 |
| (5) Names of medical schools and dates of graduation.
| 9 |
| The Disciplinary Board shall provide each licensee with a | 10 |
| copy of his or her
profile
prior to release to the public. A | 11 |
| licensee shall be provided a reasonable time
to correct factual | 12 |
| inaccuracies that appear in his or her profile.
| 13 |
| (a-5) A licensee may elect to include in his or her profile | 14 |
| the following
information that shall be available for | 15 |
| dissemination to the public:
| 16 |
| (1) specialty board certification;
| 17 |
| (2) number of years in practice;
| 18 |
| (3) names of the hospitals where the licensee has | 19 |
| privileges;
| 20 |
| (4) appointments to medical school faculties and | 21 |
| indication as to whether
a
licensee has had a | 22 |
| responsibility for graduate medical education within the
| 23 |
| most
recent 10 years;
| 24 |
| (5) publications in peer-reviewed medical
literature
| 25 |
| within the most recent 10 years;
| 26 |
| (6) professional or community service activities
and
| 27 |
| awards;
| 28 |
| (7) the location of the licensee's primary practice | 29 |
| setting;
| 30 |
| (8) the identification of any translating services | 31 |
| that may be available
at
the licensee's primary practice | 32 |
| location; and
| 33 |
| (9) an indication of whether the licensee participates | 34 |
| in the Medicaid
program.
| 35 |
| (b) The Department shall maintain a toll free telephone | 36 |
| line for responding
to requests for information about the |
|
|
|
HB0252 Engrossed |
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LRB094 04119 RAS 34139 b |
|
| 1 |
| disciplinary records of physicians in
Illinois.
| 2 |
| (c) When collecting information or compiling reports | 3 |
| intended to compare
physicians, the Disciplinary Board shall | 4 |
| require that:
| 5 |
| (1) physicians shall be meaningfully involved in the | 6 |
| development of all
aspects of the profile methodology, | 7 |
| including collection methods, formatting,
and methods and | 8 |
| means for release and dissemination;
| 9 |
| (2) the entire methodology for collecting and | 10 |
| analyzing the data shall be
disclosed to all relevant | 11 |
| physician organizations and to all physicians
under | 12 |
| review;
| 13 |
| (3) data collection and analytical methodologies shall | 14 |
| be used that meet
accepted standards of validity and | 15 |
| reliability;
| 16 |
| (4) the limitations of the data sources and analytic | 17 |
| methodologies used to
develop physician profiles shall be | 18 |
| clearly identified and acknowledged,
including but not | 19 |
| limited to the appropriate and inappropriate uses of the
| 20 |
| data;
| 21 |
| (5) provider profiles and other information that have | 22 |
| been compiled
regarding physician performance shall be | 23 |
| shared with physicians under review
prior to dissemination | 24 |
| provided that an opportunity for corrections and
additions | 25 |
| of helpful explanatory comments shall be afforded before
| 26 |
| publication, and provided further that the profiles shall | 27 |
| include only data
that reflect care under the control of | 28 |
| the physician for whom the profile is
prepared;
| 29 |
| (6) comparisons among physician profiles shall adjust | 30 |
| for patient case mix
and other relevant risk factors and | 31 |
| control for provider peer groups, when
appropriate;
| 32 |
| (7) effective safeguards to protect against the | 33 |
| unauthorized use or
disclosure of physician profiles shall | 34 |
| be developed and implemented;
| 35 |
| (8) effective safeguards to protect against the | 36 |
| dissemination of
inconsistent, incomplete, invalid, |
|
|
|
HB0252 Engrossed |
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LRB094 04119 RAS 34139 b |
|
| 1 |
| inaccurate, or subjective profile data shall
be developed | 2 |
| and implemented;
| 3 |
| (9) the quality and accuracy of physician profiles, | 4 |
| data sources, and
methodologies shall be evaluated | 5 |
| regularly; and
| 6 |
| (10) only the most basic identifying information from | 7 |
| mandatory
reports may be used, and details about a patient | 8 |
| or personal details about
a physician not already a matter | 9 |
| of public record through another source
must not be | 10 |
| released.
| 11 |
| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.
|
|