Illinois General Assembly - Full Text of HB0105
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Full Text of HB0105  97th General Assembly




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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Patients' Right to Know Act.
6    Section 5. Definitions. For purposes of this Act, the
7following definitions shall have the following meanings,
8except where the context requires otherwise:
9    "Department" means the Department of Financial and
10Professional Regulation.
11    "Disciplinary Board" means the Medical Disciplinary Board.
12    "Physician" means a person licensed under the Medical
13Practice Act to practice medicine in all of its branches or a
14chiropractic physician licensed to treat human ailments
15without the use of drugs and without operative surgery.
16    "Secretary" means the Secretary of the Department of
17Financial and Professional Regulation.
18    Section 10. Physician profiles. The Department shall make
19available to the public a profile of each physician. The
20Department shall make this information available through an
21Internet web site and, if requested, in writing. The physician
22profile shall contain the following information:



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1        (1) the full name of the physician;
2        (2) a description of any criminal convictions for
3    felonies and Class A misdemeanors, as determined by the
4    Department, within the most recent 5 years. For the
5    purposes of this Section, a person shall be deemed to be
6    convicted of a crime if he or she pleaded guilty or if he
7    was found or adjudged guilty by a court of competent
8    jurisdiction;
9        (3) a description of any final Department disciplinary
10    actions within the most recent 5 years;
11        (4) a description of any final disciplinary actions by
12    licensing boards in other states within the most recent 5
13    years;
14        (5) a description of revocation or involuntary
15    restriction of hospital privileges for reasons related to
16    competence or character that have been taken by the
17    hospital's governing body or any other official of the
18    hospital after procedural due process has been afforded, or
19    the resignation from or nonrenewal of medical staff
20    membership or the restriction of privileges at a hospital
21    taken in lieu of or in settlement of a pending disciplinary
22    case related to competence or character in that hospital.
23    Only cases which have occurred within the most recent 5
24    years shall be disclosed by the Department to the public;
25        (6) all medical malpractice court judgments and all
26    medical malpractice arbitration awards in which a payment



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1    was awarded to a complaining party during the most recent 5
2    years and all settlements of medical malpractice claims in
3    which a payment was made to a complaining party within the
4    most recent 5 years. A medical malpractice judgment or
5    award that has been appealed shall be identified
6    prominently as "Under Appeal" on the profile within 20 days
7    of formal written notice to the Department. Information
8    concerning all settlements shall be accompanied by the
9    following statement: "Settlement of a claim may occur for a
10    variety of reasons which do not necessarily reflect
11    negatively on the professional competence or conduct of the
12    physician. A payment in settlement of a medical malpractice
13    action or claim should not be construed as creating a
14    presumption that medical malpractice has occurred."
15    Nothing in this subdivision (6) shall be construed to limit
16    or prevent the Disciplinary Board from providing further
17    explanatory information regarding the significance of
18    categories in which settlements are reported. Pending
19    malpractice claims shall not be disclosed by the Department
20    to the public. Nothing in this subdivision (6) shall be
21    construed to prevent the Disciplinary Board from
22    investigating and the Department from disciplining a
23    physician on the basis of medical malpractice claims that
24    are pending;
25        (7) names of medical schools attended, dates of
26    attendance, and date of graduation;



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1        (8) graduate medical education;
2        (9) specialty board certification. The toll-free
3    number of the American Board of Medical Specialties shall
4    be included to verify current board certification status;
5        (10) number of years in practice and locations;
6        (11) names of the hospitals where the physician has
7    privileges;
8        (12) appointments to medical school faculties and
9    indication as to whether a physician has a responsibility
10    for graduate medical education within the most recent 5
11    years;
12        (13) information regarding publications in
13    peer-reviewed medical literature within the most recent 5
14    years;
15        (14) information regarding professional or community
16    service activities and awards;
17        (15) the location of the physician's primary practice
18    setting;
19        (16) identification of any translating services that
20    may be available at the physician's primary practice
21    location; and
22        (17) an indication of whether the physician
23    participates in the Medicaid program.
24    Section 15. Publication of physician's profiles. The
25Disciplinary Board shall provide individual physicians with a



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1copy of their profiles prior to release to the public. A
2physician shall be provided 60 days to correct factual
3inaccuracies that appear in such profile.
4    Section 20. Exclusion of information from physician's
5profiles. A physician may elect to have his or her profile
6omit certain information provided pursuant to subdivisions
7(12) through (14) of Section 10 of this Act concerning academic
8appointments and teaching responsibilities, publication in
9peer-reviewed journals and professional and community service
10awards. In collecting information for such profiles and in
11disseminating the same, the Disciplinary Board shall inform
12physicians that they may choose not to provide such information
13required pursuant to subdivisions (12) through (14) of Section
1410 of this Act.
15    Section 25. Rules. The Department shall promulgate such
16rules as it deems necessary to accomplish the requirements of
17this Act, including, but not limited to, rules requiring
18physicians to submit the necessary information that shall be
19published under this Act.
20    Section 30. Penalties. Failure to comply with this Act may
21be grounds for disciplinary action as provided in the Medical
22Practice Act of 1987.



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1    (225 ILCS 60/24.1 rep.)
2    Section 900. The Medical Practice Act of 1987 is amended by
3repealing Section 24.1.
4    Section 999. Effective date. This Act takes effect upon
5becoming law.