administrator or executive officer of any health care institution licensed by the Illinois Department of Public Health shall report to the Medical Board when any person's clinical privileges are terminated or are restricted based on a final determination made in accordance with that institution's by-laws or rules and regulations that a person has either committed an act or acts which may directly threaten patient care or that a person may have a mental or physical disability that may endanger patients under that person's care. Such officer also shall report if a person accepts voluntary termination or restriction of clinical privileges in lieu of formal action based upon conduct related directly to patient care or in lieu of formal action seeking to determine whether a person may have a mental or physical disability that may endanger patients under that person's care. The Medical Board shall, by rule, provide for the reporting to it by health care institutions of all instances in which a person, licensed under this Act, who is impaired by reason of age, drug or alcohol abuse or physical or mental impairment, is under supervision and, where appropriate, is in a program of rehabilitation. Such reports shall be strictly confidential and may be reviewed and considered only by the members of the Medical Board, or by authorized staff as provided by rules of the Medical Board. Provisions shall be made for the periodic report of the status of any such person not less than twice annually in order that the Medical Board shall have current information upon which to determine the status of any such person. Such initial and periodic reports of impaired physicians shall not be considered records within the meaning of the State Records Act and shall be disposed of, following a determination by the Medical Board that such reports are no longer required, in a manner and at such time as the Medical Board shall determine by rule. The filing of such reports shall be construed as the filing of a report for purposes of subsection (C) of this Section. Such health care institution shall not take any adverse action, including, but not limited to, restricting or terminating any person's clinical privileges, as a result of an adverse action against a person's license or clinical privileges or other disciplinary action by another state or health care institution that resulted from the person's provision of, authorization of, recommendation of, aiding or assistance with, referral for, or participation in any health care service if the adverse action was based solely on a violation of the other state's law prohibiting the provision of such health care and related services in the state or for a resident of the state if that health care service would not have been unlawful under the laws of this State and is consistent with the standards of conduct for physicians practicing in Illinois.
The Medical Board or Department may also exercise the power under Section
38 of this Act to subpoena copies of hospital or medical records in mandatory
report cases alleging death or permanent bodily injury. Appropriate
rules shall be adopted by the Department with the approval of the Medical
When the Department has received written reports concerning incidents
required to be reported in items (34), (35), and (36) of subsection (A) of
Section 22, the licensee's failure to report the incident to the Department
under those items shall not be the sole grounds for disciplinary action.
Nothing contained in this Section shall act to, in any
way, waive or modify the confidentiality of medical reports
and committee reports to the extent provided by law. Any
information reported or disclosed shall be kept for the
confidential use of the Medical Board, the Medical
Coordinators, the Medical Board's attorneys, the
medical investigative staff, and authorized clerical staff,
as provided in this Act, and shall be afforded the same
status as is provided information concerning medical studies
in Part 21 of Article VIII of the Code of Civil Procedure, except that the Department may disclose information and documents to a federal, State, or local law enforcement agency pursuant to a subpoena in an ongoing criminal investigation or to a health care licensing body or medical licensing authority of this State or another state or jurisdiction pursuant to an official request made by that licensing body or medical licensing authority. Furthermore, information and documents disclosed to a federal, State, or local law enforcement agency may be used by that agency only for the investigation and prosecution of a criminal offense, or, in the case of disclosure to a health care licensing body or medical licensing authority, only for investigations and disciplinary action proceedings with regard to a license. Information and documents disclosed to the Department of Public Health may be used by that Department only for investigation and disciplinary action regarding the license of a health care institution licensed by the Department of Public Health.
(C) Immunity from prosecution. Any individual or
organization acting in good faith, and not in a wilful and
wanton manner, in complying with this Act by providing any
report or other information to the Medical Board or a peer review committee, or
assisting in the investigation or preparation of such
information, or by voluntarily reporting to the Medical Board
or a peer review committee information regarding alleged errors or negligence by a person licensed under this Act, or by participating in proceedings of the Medical
Board or a peer review committee, or by serving as a member of the Medical
Board or a peer review committee, shall not, as a result of such actions,
be subject to criminal prosecution or civil damages.
(D) Indemnification. Members of the Medical
Board, the Medical Coordinators, the Medical Board's
attorneys, the medical investigative staff, physicians
retained under contract to assist and advise the medical
coordinators in the investigation, and authorized clerical
staff shall be indemnified by the State for any actions
occurring within the scope of services on the Medical Board, done in good faith and not wilful and wanton in
nature. The Attorney General shall defend all such actions
unless he or she determines either that there would be a
conflict of interest in such representation or that the
actions complained of were not in good faith or were wilful
Should the Attorney General decline representation, the
member shall have the right to employ counsel of his or her
choice, whose fees shall be provided by the State, after
approval by the Attorney General, unless there is a
determination by a court that the member's actions were not
in good faith or were wilful and wanton.
The member must notify the Attorney General within 7
days of receipt of notice of the initiation of any action
involving services of the Medical Board. Failure to so
notify the Attorney General shall constitute an absolute
waiver of the right to a defense and indemnification.
The Attorney General shall determine within 7 days
after receiving such notice, whether he or she will
undertake to represent the member.
(E) Deliberations of Medical Board. Upon the
receipt of any report called for by this Act, other than
those reports of impaired persons licensed under this Act
required pursuant to the rules of the Medical Board,
the Medical Board shall notify in writing, by
mail or email, the person who is the subject of the report. Such
notification shall be made within 30 days of receipt by the Medical
Board of the report.
The notification shall include a written notice setting
forth the person's right to examine the report. Included in
such notification shall be the address at which the file is
maintained, the name of the custodian of the reports, and
the telephone number at which the custodian may be reached.
The person who is the subject of the report shall submit a written statement responding,
clarifying, adding to, or proposing the amending of the
report previously filed. The person who is the subject of the report shall also submit with the written statement any medical records related to the report. The statement and accompanying medical records shall become a
permanent part of the file and must be received by the Medical
Board no more than
30 days after the date on
which the person was notified by the Medical Board of the existence of
The Medical Board shall review all reports
received by it, together with any supporting information and
responding statements submitted by persons who are the
subject of reports. The review by the Medical Board
shall be in a timely manner but in no event, shall the Medical
Board's initial review of the material
contained in each disciplinary file be less than 61 days nor
more than 180 days after the receipt of the initial report
by the Medical Board.
When the Medical Board makes its initial review of
the materials contained within its disciplinary files, the Medical
Board shall, in writing, make a determination
as to whether there are sufficient facts to warrant further
investigation or action. Failure to make such determination
within the time provided shall be deemed to be a
determination that there are not sufficient facts to warrant
further investigation or action.
Should the Medical Board find that there are not
sufficient facts to warrant further investigation, or
action, the report shall be accepted for filing and the
matter shall be deemed closed and so reported to the Secretary. The Secretary
shall then have 30 days to accept the Medical Board's decision or
request further investigation. The Secretary shall inform the Medical Board
of the decision to request further investigation, including the specific
reasons for the decision. The
individual or entity filing the original report or complaint
and the person who is the subject of the report or complaint
shall be notified in writing by the Secretary of
any final action on their report or complaint. The Department shall disclose to the individual or entity who filed the original report or complaint, on request, the status of the Medical Board's review of a specific report or complaint. Such request may be made at any time, including prior to the Medical Board's determination as to whether there are sufficient facts to warrant further investigation or action.
(F) Summary reports. The Medical Board shall
prepare, on a timely basis, but in no event less than once
every other month, a summary report of final disciplinary actions taken
upon disciplinary files maintained by the Medical Board.
The summary reports shall be made available to the public upon request and payment of the fees set by the Department. This publication may be made available to the public on the Department's website. Information or documentation relating to any disciplinary file that is closed without disciplinary action taken shall not be disclosed and shall be afforded the same status as is provided by Part 21 of Article VIII of the Code of Civil Procedure.
(G) Any violation of this Section shall be a Class A
(H) If any such person violates the provisions of this
Section an action may be brought in the name of the People
of the State of Illinois, through the Attorney General of
the State of Illinois, for an order enjoining such violation
or for an order enforcing compliance with this Section.
Upon filing of a verified petition in such court, the court
may issue a temporary restraining order without notice or
bond and may preliminarily or permanently enjoin such
violation, and if it is established that such person has
violated or is violating the injunction, the court may
punish the offender for contempt of court. Proceedings
under this paragraph shall be in addition to, and not in
lieu of, all other remedies and penalties provided for by
(I) The Department may adopt rules to implement the changes made by this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21; 102-1117, eff. 1-13-23.)