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| [ House Amendment 001 ] |
90_HB1555
210 ILCS 85/10.4 from Ch. 111 1/2, par. 151.4
Amends the Hospital Licensing Act to allow hospitals to
grant staff privileges to any physician licensed under the
Medical Practice Act of 1987, the Illinois Dental Practice
Act, or the Podiatric Medical Practice Act of 1987.
LRB9003252LDdv
LRB9003252LDdv
1 AN ACT to amend the Hospital Licensing Act by changing
2 Section 10.4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Hospital Licensing Act is amended by
6 changing Section 10.4 as follows:
7 (210 ILCS 85/10.4) (from Ch. 111 1/2, par. 151.4)
8 Sec. 10.4. Medical staff privileges.
9 (a) Any hospital licensed under this Act or any hospital
10 organized under the University of Illinois Hospital Act may
11 grant medical staff membership to any category of physician
12 licensed under the Medical Practice Act of 1987, to dentists
13 licensed under the Illinois Dental Practice Act, and to
14 podiatric physicians licensed under the Podiatric Medical
15 Practice Act of 1987.
16 A hospital licensed under this Act or organized under the
17 University of Illinois Hospital Act shall, prior to the
18 granting of any medical staff privileges to an applicant, or
19 renewing a current medical staff member's privileges, request
20 of the Director of Professional Regulation information
21 concerning the licensure status and any disciplinary action
22 taken against the applicant's or medical staff member's
23 license, except for medical personnel who enter a hospital to
24 obtain organs and tissues for transplant from a deceased
25 donor in accordance with the Uniform Anatomical Gift Act. The
26 Director of Professional Regulation shall transmit, in
27 writing and in a timely fashion, such information regarding
28 the license of the applicant or the medical staff member,
29 including the record of imposition of any periods of
30 supervision or monitoring as a result of alcohol or substance
31 abuse, as provided by Section 22 1-21 of the "Medical
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1 Practice Act of 1987", Section 23 of the Illinois Dental
2 Practice Act, or Section 24 of the Podiatric Medical Practice
3 Act of 1987, and such information as may have been submitted
4 to the Department indicating that the application or medical
5 staff member has been denied, or has surrendered, medical
6 staff privileges at a hospital licensed under this Act, or
7 any equivalent facility in another state or territory of the
8 United States. The Director of Professional Regulation shall
9 define by rule the period for timely response to these such
10 requests.
11 No transmittal of information by the Director of
12 Professional Regulation, under this Section shall be to other
13 than the president, chief operating officer, chief
14 administrative officer, or chief of the medical staff of a
15 hospital licensed under this Act, a hospital organized under
16 the University of Illinois Hospital Act, or a hospital
17 operated by the United States, or any of its
18 instrumentalities. The information so transmitted shall be
19 afforded the same status as is information concerning medical
20 studies by Part 21 of Article VIII of the Code of Civil
21 Procedure, as now or hereafter amended.
22 (b) All hospitals licensed under this Act, except county
23 hospitals as defined in subsection (c) of Section 15-1 of the
24 Illinois Public Aid Code, shall comply with, and the medical
25 staff bylaws of these hospitals shall include rules
26 consistent with, the provisions of this Section in granting,
27 limiting, renewing, or denying medical staff membership and
28 clinic staff privileges.
29 (1) Minimum procedures for initial applicants for
30 medical staff membership shall include the following:
31 (A) Written procedures relating to the
32 acceptance and processing of initial applicants for
33 medical staff membership.
34 (B) Written procedures to be followed in
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1 determining an applicant's qualifications for being
2 granted medical staff membership and privileges.
3 (C) Written criteria to be followed in
4 evaluating an applicant's qualifications.
5 (D) An evaluation of an applicant's current
6 health status and current license status in
7 Illinois.
8 (E) A written response to each applicant that
9 explains the reason or reasons for any adverse
10 decision (including all reasons based in whole or in
11 part on the applicant's medical qualifications or
12 any other basis, including economic factors).
13 (2) Minimum procedures with respect to medical
14 staff and clinical privilege determinations concerning
15 current members of the medical staff shall include the
16 following:
17 (A) A written notice of an adverse decision by
18 the hospital governing board.
19 (B) An explanation of the reasons for an
20 adverse decision including all reasons based on the
21 quality of medical care or any other basis,
22 including economic factors.
23 (C) A statement of the medical staff member's
24 right to request a fair hearing on the adverse
25 decision before a hearing panel whose membership is
26 mutually agreed upon by the medical staff and the
27 hospital governing board. The hearing panel shall
28 have independent authority to recommend action to
29 the hospital governing board. Upon the request of
30 the medical staff member or the hospital governing
31 board, the hearing panel shall make findings
32 concerning the nature of each basis for any adverse
33 decision recommended to and accepted by the hospital
34 governing board.
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1 (i) Nothing in this subparagraph (C)
2 limits a hospital's or medical staff's right to
3 summarily suspend, without a prior hearing, a
4 person's medical staff membership or clinical
5 privileges if the continuation of practice of a
6 medical staff member constitutes an immediate
7 danger to the public, including patients,
8 visitors, and hospital employees and staff. A
9 fair hearing shall be commenced within 15 days
10 after the suspension and completed without
11 delay.
12 (ii) Nothing in this subparagraph (C)
13 limits a medical staff's right to permit, in
14 the medical staff bylaws, summary suspension of
15 membership or clinical privileges in designated
16 administrative circumstances as specifically
17 approved by the medical staff. This bylaw
18 provision must specifically describe both the
19 administrative circumstance that can result in
20 a summary suspension and the length of the
21 summary suspension. The opportunity for a fair
22 hearing is required for any administrative
23 summary suspension. Any requested hearing must
24 be commenced within 15 days after the summary
25 suspension and completed without delay. Adverse
26 decisions other than suspension or other
27 restrictions on the treatment or admission of
28 patients may be imposed summarily and without a
29 hearing under designated administrative
30 circumstances as specifically provided for in
31 the medical staff bylaws as approved by the
32 medical staff.
33 (iii) If a hospital exercises its option
34 to enter into an exclusive contract and that
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1 contract results in the total or partial
2 termination or reduction of medical staff
3 membership or clinical privileges of a current
4 medical staff member, the hospital shall
5 provide the affected medical staff member 60
6 days prior notice of the effect on his or her
7 medical staff membership or privileges. An
8 affected medical staff member desiring a
9 hearing under subparagraph (C) of this
10 paragraph (2) must request the hearing within
11 14 days after the date he or she is so
12 notified. The requested hearing shall be
13 commenced and completed (with a report and
14 recommendation to the affected medical staff
15 member, hospital governing board, and medical
16 staff) within 30 days after the date of the
17 medical staff member's request. If agreed upon
18 by both the medical staff and the hospital
19 governing board, the medical staff bylaws may
20 provide for longer time periods.
21 (D) A statement of the member's right to
22 inspect all pertinent information in the hospital's
23 possession with respect to the decision.
24 (E) A statement of the member's right to
25 present witnesses and other evidence at the hearing
26 on the decision.
27 (F) A written notice and written explanation
28 of the decision resulting from the hearing.
29 (G) Notice given 15 days before implementation
30 of an adverse medical staff membership or clinical
31 privileges decision based substantially on economic
32 factors. This notice shall be given after the
33 medical staff member exhausts all applicable
34 procedures under this Section, including item (iii)
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1 of subparagraph (C) of this paragraph (2), and under
2 the medical staff bylaws in order to allow
3 sufficient time for the orderly provision of patient
4 care.
5 (H) Nothing in this paragraph (2) of this
6 subsection (b) limits a medical staff member's right
7 to waive, in writing, the rights provided in
8 subparagraphs (A) through (G) of this paragraph (2)
9 of this subsection (b) upon being granted the
10 written exclusive right to provide particular
11 services at a hospital, either individually or as a
12 member of a group. If an exclusive contract is
13 signed by a representative of a group of physicians,
14 a waiver contained in the contract shall apply to
15 all members of the group unless stated otherwise in
16 the contract.
17 (3) Every adverse medical staff membership and
18 clinical privilege decision based substantially on
19 economic factors shall be reported to the Hospital
20 Licensing Board before the decision takes effect. These
21 reports shall not be disclosed in any form that reveals
22 the identity of any hospital or physician. These reports
23 shall be utilized to study the effects that hospital
24 medical staff membership and clinical privilege decisions
25 based upon economic factors have on access to care and
26 the availability of physician services. The Hospital
27 Licensing Board shall submit an initial study to the
28 Governor and the General Assembly by January 1, 1996, and
29 subsequent reports shall be submitted periodically
30 thereafter.
31 (4) As used in this Section:
32 "Adverse decision" means a decision reducing,
33 restricting, suspending, revoking, denying, or not
34 renewing medical staff membership or clinical privileges.
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1 "Economic factor" means any information or reasons
2 for decisions unrelated to quality of care or
3 professional competency.
4 (Source: P.A. 88-654, eff. 1-1-95.)