Illinois General Assembly - Full Text of HB0487
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Full Text of HB0487  93rd General Assembly

HB0487 93rd General Assembly


                                     LRB093 05216 AMC 05276 b

 1        AN ACT in relation to medical practice.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Medical Practice Act of 1987 is  amended
 5    by changing Section 23 and adding Section 23.1 as follows:

 6        (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
 7        (Section scheduled to be repealed on January 1, 2007)
 8        Sec.  23.    Reports relating to professional conduct and
 9    capacity.
10        (A)  Entities required to report.
11             (1)  Health   care    institutions.     The    chief
12        administrator  or  executive  officer  of any health care
13        institution licensed by the Illinois Department of Public
14        Health shall report to the Disciplinary  Board  when  any
15        person's clinical privileges are terminated or restricted
16        based  on  a final determination, in accordance with that
17        institution's by-laws or rules and  regulations,  that  a
18        person  has  either  committed  an  act or acts which may
19        directly  threaten  patient   care,   and   not   of   an
20        administrative  nature,  or that a person may be mentally
21        or physically disabled in such a manner  as  to  endanger
22        patients  under  that  person's  care.  Such officer also
23        shall report if a person accepts voluntary termination or
24        restriction of clinical  privileges  in  lieu  of  formal
25        action  based  upon  conduct  related directly to patient
26        care and not of an administrative nature, or in  lieu  of
27        formal  action  seeking to determine whether a person may
28        be mentally or physically disabled in such a manner as to
29        endanger patients under that person's care.  The  Medical
30        Disciplinary  Board  shall,  by  rule,  provide  for  the
31        reporting  to  the  Board  of  all  instances  in which a
                            -2-      LRB093 05216 AMC 05276 b
 1        person, licensed under  this  Act,  who  is  impaired  by
 2        reason  of age, drug or alcohol abuse, physical or mental
 3        impairment, is under supervision and, where  appropriate,
 4        is in a program of rehabilitation.  Such reports shall be
 5        strictly  confidential and may be reviewed and considered
 6        only by the members of  the  Disciplinary  Board,  or  by
 7        authorized staff as provided by rules of the Disciplinary
 8        Board.   Provisions shall be made for the periodic report
 9        of the status of any such  person  not  less  than  twice
10        annually  in order that the Disciplinary Board shall have
11        current information upon which to determine the status of
12        any such person.  Such initial  and periodic  reports  of
13        impaired  physicians  shall  not  be  considered  records
14        within  the meaning of The State Records Act and shall be
15        disposed   of,   following   a   determination   by   the
16        Disciplinary  Board  that  such  reports  are  no  longer
17        required,  in  a  manner  and  at  such   time   as   the
18        Disciplinary  Board  shall determine by rule.  The filing
19        of such reports shall be construed as  the  filing  of  a
20        report for purposes of subsection (C) of this Section.
21             (2)  Professional  associations.   The  President or
22        chief executive officer of any association or society, of
23        persons licensed under this Act,  operating  within  this
24        State  shall  report  to  the Disciplinary Board when the
25        association or society renders a final determination that
26        a person has  committed  unprofessional  conduct  related
27        directly to patient care or that a person may be mentally
28        or  physically  disabled  in such a manner as to endanger
29        patients under that person's care.
30             (3)  Professional   liability    insurers.     Every
31        insurance  company  which offers policies of professional
32        liability insurance to persons licensed under  this  Act,
33        or   any  other  entity  which  seeks  to  indemnify  the
34        professional liability of a person  licensed  under  this
                            -3-      LRB093 05216 AMC 05276 b
 1        Act,   shall   report   to  the  Disciplinary  Board  the
 2        settlement of any claim or  cause  of  action,  or  final
 3        judgment  rendered  in any cause of action, which alleged
 4        negligence in the furnishing  of  medical  care  by  such
 5        licensed person when such settlement or final judgment is
 6        in favor of the plaintiff.
 7             (4)  State's  Attorneys.   The  State's  Attorney of
 8        each county shall report to the  Disciplinary  Board  all
 9        instances  in  which  a person licensed under this Act is
10        convicted or otherwise found guilty of the commission  of
11        any  felony.   The  State's  Attorney  of each county may
12        report to  the  Disciplinary  Board  through  a  verified
13        complaint  any  instance  in  which  the State's Attorney
14        believes that a  physician  has  willfully  violated  the
15        notice  requirements  of  the Parental Notice of Abortion
16        Act of 1995.
17             (5)  State   agencies.    All   agencies,    boards,
18        commissions,  departments,  or other instrumentalities of
19        the government of the State of Illinois shall  report  to
20        the Disciplinary Board any instance arising in connection
21        with   the  operations  of  such  agency,  including  the
22        administration of any law by  such  agency,  in  which  a
23        person  licensed  under  this Act has either committed an
24        act or acts which may be a violation of this Act or which
25        may constitute unprofessional conduct related directly to
26        patient care or which indicates that  a  person  licensed
27        under  this Act may be mentally or physically disabled in
28        such a manner as to endanger patients under that person's
29        care.
30        (B)  Mandatory reporting.  All reports required by  items
31    (34),  (35),  and (36) of subsection (A) of Section 22 and by
32    Section 23 shall be submitted to the Disciplinary Board in  a
33    timely fashion.  The reports shall be filed in writing within
34    60 days after a determination that a report is required under
                            -4-      LRB093 05216 AMC 05276 b
 1    this   Act.    All   reports   shall  contain  the  following
 2    information:
 3             (1)  The name, address, and telephone number of  the
 4        person making the report.
 5             (2)  The  name, address, and telephone number of the
 6        person who is the subject of the report.
 7             (3)  The name or other means  of  identification  of
 8        any  patient  or patients whose treatment is a subject of
 9        the report, provided, however, no medical records may  be
10        revealed  without  the  written consent of the patient or
11        patients.
12             (4)  A brief description of  the  facts  which  gave
13        rise  to  the issuance of the report, including the dates
14        of any occurrences deemed to necessitate  the  filing  of
15        the report.
16             (5)  If  court  action  is involved, the identity of
17        the court in which the action is filed,  along  with  the
18        docket number and date of filing of the action.
19             (6)  Any  further  pertinent  information  which the
20        reporting party deems to be an aid in the  evaluation  of
21        the report.
22        The Department shall have the right to inform patients of
23    the  right  to  provide written consent for the Department to
24    obtain  copies  of  hospital   and   medical   records.   The
25    Disciplinary Board or Department may exercise the power under
26    Section  38  of  this  Act  to subpoena copies of hospital or
27    medical records in mandatory report cases alleging  death  or
28    permanent bodily injury when consent to obtain records is not
29    provided  by  a patient or legal representative.  Appropriate
30    rules shall be adopted by the Department with the approval of
31    the Disciplinary Board.
32        When  the  Department  has   received   written   reports
33    concerning  incidents  required to be reported in items (34),
34    (35),  and  (36)  of  subsection  (A)  of  Section  22,   the
                            -5-      LRB093 05216 AMC 05276 b
 1    licensee's  failure  to report the incident to the Department
 2    under  those  items  shall  not  be  the  sole  grounds   for
 3    disciplinary action.
 4        Nothing  contained  in  this  Section shall act to in any
 5    way, waive or modify the confidentiality of  medical  reports
 6    and  committee reports to the extent provided by law.  Except
 7    for information required for physician profiles under Section
 8    23.1 of this Act, any information reported or disclosed shall
 9    be kept for the confidential use of the  Disciplinary  Board,
10    the Medical Coordinators, the Disciplinary Board's attorneys,
11    the  medical  investigative  staff,  and  authorized clerical
12    staff, as provided in this Act, and  shall  be  afforded  the
13    same  status  as  is  provided information concerning medical
14    studies in Part 21 of Article  VIII  of  the  Code  of  Civil
15    Procedure.
16        (C)  Immunity   from   prosecution.   Any  individual  or
17    organization acting in good faith, and not in  a  wilful  and
18    wanton  manner,  in  complying with this Act by providing any
19    report or other information to  the  Disciplinary  Board,  or
20    assisting   in  the  investigation  or  preparation  of  such
21    information,  or  by  participating  in  proceedings  of  the
22    Disciplinary  Board,  or  by  serving  as  a  member  of  the
23    Disciplinary Board, shall not, as a result of  such  actions,
24    be subject to criminal prosecution or civil damages.
25        (D)  Indemnification.  Members of the Disciplinary Board,
26    the Medical Coordinators, the Disciplinary Board's attorneys,
27    the  medical  investigative  staff, physicians retained under
28    contract to assist and advise the medical coordinators in the
29    investigation,  and  authorized  clerical  staff   shall   be
30    indemnified by the State for any actions occurring within the
31    scope  of  services  on  the Disciplinary Board, done in good
32    faith and not wilful and  wanton  in  nature.   The  Attorney
33    General  shall  defend  all  such  actions  unless  he or she
34    determines either that there would be a conflict of  interest
                            -6-      LRB093 05216 AMC 05276 b
 1    in such representation or that the actions complained of were
 2    not in good faith or were wilful and wanton.
 3        Should  the  Attorney General decline representation, the
 4    member shall have the right to employ counsel of his  or  her
 5    choice,  whose  fees  shall  be  provided by the State, after
 6    approval  by  the  Attorney  General,  unless  there   is   a
 7    determination  by  a court that the member's actions were not
 8    in good faith or were wilful and wanton.
 9        The member must notify the Attorney General within 7 days
10    of  receipt  of  notice  of  the  initiation  of  any  action
11    involving services of the Disciplinary Board.  Failure to  so
12    notify  the  Attorney  General  shall  constitute an absolute
13    waiver of the right to a defense and indemnification.
14        The Attorney General shall determine within 7 days  after
15    receiving  such  notice,  whether he or she will undertake to
16    represent the member.
17        (E)  Deliberations  of  Disciplinary  Board.   Upon   the
18    receipt  of  any  report  called  for by this Act, other than
19    those reports of impaired persons  licensed  under  this  Act
20    required pursuant to the rules of the Disciplinary Board, the
21    Disciplinary  Board  shall  notify  in  writing, by certified
22    mail, the person who is the  subject  of  the  report.   Such
23    notification  shall  be made within 30 days of receipt by the
24    Disciplinary Board of the report.
25        The notification shall include a written  notice  setting
26    forth  the person's right to examine the report.  Included in
27    such notification shall be the address at which the  file  is
28    maintained, the name of the custodian of the reports, and the
29    telephone  number  at which the custodian may be reached. The
30    person who is the  subject  of  the  report  shall  submit  a
31    written  statement  responding,  clarifying,  adding  to,  or
32    proposing  the  amending of the report previously filed.  The
33    statement shall become a permanent part of the file and  must
34    be  received  by  the Disciplinary Board no more than 60 days
                            -7-      LRB093 05216 AMC 05276 b
 1    after the date on  which  the  person  was  notified  by  the
 2    Disciplinary Board of the existence of the original report.
 3        The  Disciplinary Board shall review all reports received
 4    by  it,  together  with  any   supporting   information   and
 5    responding  statements  submitted  by  persons  who  are  the
 6    subject  of  reports.   The  review by the Disciplinary Board
 7    shall be in a timely  manner  but  in  no  event,  shall  the
 8    Disciplinary Board's initial review of the material contained
 9    in  each disciplinary file be less than 61 days nor more than
10    180 days after the receipt  of  the  initial  report  by  the
11    Disciplinary Board.
12        When  the  Disciplinary Board makes its initial review of
13    the materials contained within its  disciplinary  files,  the
14    Disciplinary Board shall, in writing, make a determination as
15    to  whether  there  are  sufficient  facts to warrant further
16    investigation or action.  Failure to make such  determination
17    within   the   time   provided   shall  be  deemed  to  be  a
18    determination that there are not sufficient facts to  warrant
19    further investigation or action.
20        Should  the  Disciplinary  Board  find that there are not
21    sufficient facts to warrant further investigation, or action,
22    the report shall be accepted for filing and the matter  shall
23    be  deemed  closed  and  so  reported  to  the Director.  The
24    Director shall then  have  30  days  to  accept  the  Medical
25    Disciplinary    Board's    decision    or   request   further
26    investigation.   The  Director  shall  inform  the  Board  in
27    writing of the decision  to  request  further  investigation,
28    including   the  specific  reasons  for  the  decision.   The
29    individual or entity filing the original report or  complaint
30    and  the person who is the subject of the report or complaint
31    shall be notified in writing by the  Director  of  any  final
32    action on their report or complaint.
33        (F)  Summary   reports.   The  Disciplinary  Board  shall
34    prepare, on a timely basis, but in no  event  less  than  one
                            -8-      LRB093 05216 AMC 05276 b
 1    every  other  month,  a summary report of final actions taken
 2    upon disciplinary files maintained by the Disciplinary Board.
 3    The summary reports shall be sent by the  Disciplinary  Board
 4    to  every  health  care  facility  licensed  by  the Illinois
 5    Department of Public Health, every  professional  association
 6    and society of persons licensed under this Act functioning on
 7    a  statewide  basis  in  this  State,  the  American  Medical
 8    Association,   the   American  Osteopathic  Association,  the
 9    American Chiropractic  Association,  all  insurers  providing
10    professional  liability  insurance  to persons licensed under
11    this Act in the State of Illinois, the  Federation  of  State
12    Medical   Licensing  Boards,  and  the  Illinois  Pharmacists
13    Association.
14        (G)  Any violation of this Section shall  be  a  Class  A
15    misdemeanor.
16        (H)  If  any  such person violates the provisions of this
17    Section an action may be brought in the name of the People of
18    the State of Illinois, through the Attorney  General  of  the
19    State  of  Illinois, for an order enjoining such violation or
20    for an order enforcing compliance  with  this  Section.  Upon
21    filing  of  a  verified petition in such court, the court may
22    issue a temporary restraining order without  notice  or  bond
23    and  may  preliminarily or permanently enjoin such violation,
24    and if it is established that such person has violated or  is
25    violating  the  injunction, the court may punish the offender
26    for contempt of  court.   Proceedings  under  this  paragraph
27    shall  be  in  addition  to,  and  not  in lieu of, all other
28    remedies and penalties provided for by this Section.
29    (Source:  P.A.  89-18,  eff.  6-1-95;  89-702,  eff.  7-1-97;
30    90-699, eff. 1-1-99.)

31        (225 ILCS 60/23.1 new)
32        (Section scheduled to be repealed on January 1, 2007)
33        Sec. 23.1.  Public disclosure of disciplinary records.
                            -9-      LRB093 05216 AMC 05276 b
 1        (a)  The Disciplinary Board  shall  collect  all  of  the
 2    following   information  to  create  individual  profiles  on
 3    licensees, in a format created by the Disciplinary Board that
 4    shall be available for dissemination to the public:
 5             (1)  A description of any criminal  convictions  for
 6        felonies  and  serious  misdemeanors as determined by the
 7        Disciplinary Board, within the most recent 10 years.  For
 8        the purposes of this item, a person shall be deemed to be
 9        convicted of a crime if he or she pled guilty or if he or
10        she was found or adjudged guilty by a court of  competent
11        jurisdiction.
12             (2)  A   description  of  any  charges  to  which  a
13        physician pleads nolo contendere or where  a  disposition
14        of   supervision   is   made  by  a  court  of  competent
15        jurisdiction, within the most recent 10 years.
16             (3)  A description of any final disciplinary actions
17        taken by the Disciplinary Board within the most recent 10
18        years.
19             (4)  A description of any final disciplinary actions
20        taken by licensing boards in other states within the most
21        recent 10 years.
22             (5)  A  description  of  revocation  or  involuntary
23        restriction of hospital privileges for reasons related to
24        competence or character  that  have  been  taken  by  the
25        hospital's  governing  body  or any other official of the
26        hospital after procedural due process has been  afforded,
27        the  resignation  from  or  nonrenewal  of  medical staff
28        membership,  or  the  restriction  of  privileges  at   a
29        hospital  taken  in lieu of or in settlement of a pending
30        disciplinary case related to competence or  character  in
31        that  hospital.  Only cases that have occurred within the
32        most  recent  10  years  shall  be   disclosed   by   the
33        Disciplinary Board to the public.
34             (6)  All   medical   malpractice   court  judgments,
                            -10-     LRB093 05216 AMC 05276 b
 1        medical malpractice arbitration awards,  and  settlements
 2        of  medical malpractice claims in which a payment is made
 3        to a complaining party, within the most recent 10  years.
 4        Dispositions  of  paid  claims  shall  be  reported  in a
 5        minimum of 3 graduated categories indicating the level of
 6        significance of the  award  or  settlement.   Information
 7        concerning  paid  medical malpractice claims shall be put
 8        in context by comparing an individual licensee's  medical
 9        malpractice   judgment   and   arbitration   awards   and
10        settlements  to  the experience of other licensees within
11        the same specialty.  Information  concerning  settlements
12        shall   be   accompanied   by  the  following  statement:
13        "Settlement of a claim may occur for a variety of reasons
14        which  do  not  necessarily  reflect  negatively  on  the
15        professional competence or conduct of the  physician.   A
16        payment  in settlement of a medical malpractice action or
17        claim should not be construed as creating  a  presumption
18        that  medical malpractice has occurred."  Nothing in this
19        Section shall  be  construed  to  limit  or  prevent  the
20        Disciplinary  Board  from  providing  further explanatory
21        information regarding the significance of  categories  in
22        which settlements are reported.
23             Pending malpractice claims shall not be disclosed by
24        the  Disciplinary  Board  to the public.  Nothing in this
25        Section shall be construed to  prevent  the  Disciplinary
26        Board  from  investigating and disciplining a licensee on
27        the basis of medical malpractice claims that are pending.
28             (7)  Names  of  medical   schools   and   dates   of
29        graduation.
30        The Disciplinary Board shall provide each licensee with a
31    copy of his or her profile prior to release to the public.  A
32    licensee  shall  be  provided  a  reasonable  time to correct
33    factual inaccuracies that appear in his or her profile.
34        (a-5)  A licensee may elect to  include  in  his  or  her
                            -11-     LRB093 05216 AMC 05276 b
 1    profile the following information that shall be available for
 2    dissemination to the public:
 3             (1)  specialty board certification;
 4             (2)  number of years in practice;
 5             (3)  names  of  the hospitals where the licensee has
 6        privileges;
 7             (4)  appointments to medical  school  faculties  and
 8        indication   as   to   whether   a  licensee  has  had  a
 9        responsibility for graduate medical education within  the
10        most recent 10 years;
11             (5)  publications     in    peer-reviewed    medical
12        literature within the most recent 10 years;
13             (6)  professional or  community  service  activities
14        and awards;
15             (7)  the location of the licensee's primary practice
16        setting;
17             (8)  the  identification of any translating services
18        that may be available at the licensee's primary  practice
19        location; and
20             (9)  an   indication   of   whether   the   licensee
21        participates in the Medicaid program.
22        (b)  The  Department shall maintain a toll free telephone
23    line for responding to requests  for  information  about  the
24    disciplinary records of physicians in Illinois.
25        (c)  When  collecting  information  or  compiling reports
26    intended to compare physicians, the Disciplinary Board  shall
27    require that:
28             (1)  physicians  shall  be  meaningfully involved in
29        the  development  of   all   aspects   of   the   profile
30        methodology,  including  collection  methods, formatting,
31        and methods and means for release and dissemination;
32             (2)  the  entire  methodology  for  collecting   and
33        analyzing  the  data  shall  be disclosed to all relevant
34        physician  organizations  and  to  all  physicians  under
                            -12-     LRB093 05216 AMC 05276 b
 1        review;
 2             (3)  data collection  and  analytical  methodologies
 3        shall  be  used  that meet accepted standards of validity
 4        and reliability;
 5             (4)  the  limitations  of  the  data   sources   and
 6        analytic methodologies used to develop physician profiles
 7        shall  be  clearly identified and acknowledged, including
 8        but not limited to the appropriate and inappropriate uses
 9        of the data;
10             (5)  to  the  greatest  extent  possible,  physician
11        profiling  initiatives  shall  use  standard-based  norms
12        derived from widely accepted, provider-developed practice
13        guidelines;
14             (6)  provider profiles and  other  information  that
15        have  been compiled regarding physician performance shall
16        be  shared  with  physicians  under   review   prior   to
17        dissemination    provided   that   an   opportunity   for
18        corrections and additions of helpful explanatory comments
19        shall  be  afforded  before  publication,  and   provided
20        further  that  the  profiles shall include only data that
21        reflect care under the control of the physician for  whom
22        the profile is prepared;
23             (7)  comparisons   among  physician  profiles  shall
24        adjust for patient  case  mix  and  other  relevant  risk
25        factors  and  control  for  provider  peer  groups,  when
26        appropriate;
27             (8)  effective  safeguards  to  protect  against the
28        unauthorized use  or  disclosure  of  physician  profiles
29        shall be developed and implemented;
30             (9)  effective  safeguards  to  protect  against the
31        dissemination  of  inconsistent,   incomplete,   invalid,
32        inaccurate, or subjective profile data shall be developed
33        and implemented;
34             (10)  the   quality   and   accuracy   of  physician
                            -13-     LRB093 05216 AMC 05276 b
 1        profiles,  data  sources,  and  methodologies  shall   be
 2        evaluated regularly; and
 3             (11)  only  the  most  basic identifying information
 4        from mandatory reports may be used, and details  about  a
 5        patient or personal details about a physician not already
 6        a matter of public record through another source must not
 7        be released.

 8        Section  99.  Effective date.  This Act takes effect upon
 9    becoming law.