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90_HB2818eng
225 ILCS 60/23 from Ch. 111, par. 4400-23
225 ILCS 60/36 from Ch. 111, par. 4400-36
225 ILCS 60/38 from Ch. 111, par. 4400-38
Amends the Medical Practice Act of 1987. Authorizes the
Department of Professional Regulation to inform patients of
their right to give consent for the Department to obtain
copies of the patients' hospital and medical records.
Authorizes the Department and the Disciplinary Board to
subpoena records in mandatory reporting cases alleging death
or permanent injury. Provides that the subpoenaed
information shall be kept confidential.
LRB9008900JSgc
HB2818 Engrossed LRB9008900JSgc
1 AN ACT to amend the Medical Practice Act of 1987 by
2 changing Sections 23, 36, and 38.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Medical Practice Act of 1987 is amended
6 by changing Sections 23, 36, and 38 as follows:
7 (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
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 are
16 restricted based on a final determination, in accordance
17 with that institution's by-laws or rules and regulations,
18 that a person has either committed an act or acts which
19 may 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 it of all instances in which a person,
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1 licensed under this Act, who is impaired by reason of
2 age, drug or alcohol abuse or 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
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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
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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. When the Department has received written
12 reports concerning incidents required to be reported in
13 items (34), (35), and (36) of subsection (A) of Section
14 22, the licensee's failure to report the incident to the
15 Department under those items shall not be the sole
16 grounds for disciplinary action.
17 (4) A brief description of the facts which gave
18 rise to the issuance of the report, including the dates
19 of any occurrences deemed to necessitate the filing of
20 the report.
21 (5) If court action is involved, the identity of
22 the court in which the action is filed, along with the
23 docket number and date of filing of the action.
24 (6) Any further pertinent information which the
25 reporting party deems to be an aid in the evaluation of
26 the report.
27 The Department shall have the right to inform patients of
28 the right to provide written consent for the Department to
29 obtain copies of hospital and medical records. The
30 Disciplinary Board or Department may exercise the power under
31 Section 38 of this Act to subpoena copies of hospital or
32 medical records in mandatory report cases alleging death or
33 permanent bodily injury when consent to obtain records is not
34 provided by a patient or legal representative. Appropriate
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1 rules shall be adopted by the Department with the approval of
2 the Disciplinary Board.
3 When the Department has received written reports
4 concerning incidents required to be reported in items (34),
5 (35), and (36) of subsection (A) of Section 22, the
6 licensee's failure to report the incident to the Department
7 under those items shall not be the sole grounds for
8 disciplinary action.
9 Nothing contained in this Section shall act to in any
10 way, waive or modify the confidentiality of medical reports
11 and committee reports to the extent provided by law. Any
12 information reported or disclosed shall be kept for the
13 confidential use of the Disciplinary Board, the Medical
14 Coordinators, the Disciplinary Board's attorneys, the medical
15 investigative staff, and authorized clerical staff, as
16 provided in this Act, and shall be afforded the same status
17 as is provided information concerning medical studies in Part
18 21 of Article VIII of the Code of Civil Procedure.
19 (C) Immunity from prosecution. Any individual or
20 organization acting in good faith, and not in a wilful and
21 wanton manner, in complying with this Act by providing any
22 report or other information to the Disciplinary Board, or
23 assisting in the investigation or preparation of such
24 information, or by participating in proceedings of the
25 Disciplinary Board, or by serving as a member of the
26 Disciplinary Board, shall not, as a result of such actions,
27 be subject to criminal prosecution or civil damages.
28 (D) Indemnification. Members of the Disciplinary Board,
29 the Medical Coordinators, the Disciplinary Board's attorneys,
30 the medical investigative staff, physicians retained under
31 contract to assist and advise the medical coordinators in the
32 investigation, and authorized clerical staff shall be
33 indemnified by the State for any actions occurring within the
34 scope of services on the Disciplinary Board, done in good
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1 faith and not wilful and wanton in nature. The Attorney
2 General shall defend all such actions unless he or she
3 determines either that there would be a conflict of interest
4 in such representation or that the actions complained of were
5 not in good faith or were wilful and wanton.
6 Should the Attorney General decline representation, the
7 member shall have the right to employ counsel of his or her
8 choice, whose fees shall be provided by the State, after
9 approval by the Attorney General, unless there is a
10 determination by a court that the member's actions were not
11 in good faith or were wilful and wanton.
12 The member must notify the Attorney General within 7 days
13 of receipt of notice of the initiation of any action
14 involving services of the Disciplinary Board. Failure to so
15 notify the Attorney General shall constitute an absolute
16 waiver of the right to a defense and indemnification.
17 The Attorney General shall determine within 7 days after
18 receiving such notice, whether he or she will undertake to
19 represent the member.
20 (E) Deliberations of Disciplinary Board. Upon the
21 receipt of any report called for by this Act, other than
22 those reports of impaired persons licensed under this Act
23 required pursuant to the rules of the Disciplinary Board, the
24 Disciplinary Board shall notify in writing, by certified
25 mail, the person who is the subject of the report. Such
26 notification shall be made within 30 days of receipt by the
27 Disciplinary Board of the report.
28 The notification shall include a written notice setting
29 forth the person's right to examine the report. Included in
30 such notification shall be the address at which the file is
31 maintained, the name of the custodian of the reports, and the
32 telephone number at which the custodian may be reached. The
33 person who is the subject of the report shall submit a
34 written statement responding, clarifying, adding to, or
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1 proposing the amending of the report previously filed. The
2 statement shall become a permanent part of the file and must
3 be received by the Disciplinary Board no more than 60 days
4 after the date on which the person was notified by the
5 Disciplinary Board of the existence of the original report.
6 The Disciplinary Board shall review all reports received
7 by it, together with any supporting information and
8 responding statements submitted by persons who are the
9 subject of reports. The review by the Disciplinary Board
10 shall be in a timely manner but in no event, shall the
11 Disciplinary Board's initial review of the material contained
12 in each disciplinary file be less than 61 days nor more than
13 180 days after the receipt of the initial report by the
14 Disciplinary Board.
15 When the Disciplinary Board makes its initial review of
16 the materials contained within its disciplinary files, the
17 Disciplinary Board shall, in writing, make a determination as
18 to whether there are sufficient facts to warrant further
19 investigation or action. Failure to make such determination
20 within the time provided shall be deemed to be a
21 determination that there are not sufficient facts to warrant
22 further investigation or action.
23 Should the Disciplinary Board find that there are not
24 sufficient facts to warrant further investigation, or action,
25 the report shall be accepted for filing and the matter shall
26 be deemed closed and so reported to the Director. The
27 Director shall then have 30 days to accept the Medical
28 Disciplinary Board's decision or request further
29 investigation. The Director shall inform the Board in
30 writing of the decision to request further investigation,
31 including the specific reasons for the decision. The
32 individual or entity filing the original report or complaint
33 and the person who is the subject of the report or complaint
34 shall be notified in writing by the Director Disciplinary
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1 Board of any final action on their report or complaint.
2 (F) Summary reports. The Disciplinary Board shall
3 prepare, on a timely basis, but in no event less than one
4 every other month, a summary report of final actions taken
5 upon disciplinary files maintained by the Disciplinary Board.
6 The summary reports shall be sent by the Disciplinary Board
7 to every health care facility licensed by the Illinois
8 Department of Public Health, every professional association
9 and society of persons licensed under this Act functioning on
10 a statewide basis in this State, the American Medical
11 Association, the American Osteopathic Association, the
12 American Chiropractic Association, all insurers providing
13 professional liability insurance to persons licensed under
14 this Act in the State of Illinois, the Federation of State
15 Medical Licensing Boards, and the Illinois Pharmacists
16 Association.
17 (G) Any violation of this Section shall be a Class A
18 misdemeanor.
19 (H) If any such person violates the provisions of this
20 Section an action may be brought in the name of the People of
21 the State of Illinois, through the Attorney General of the
22 State of Illinois, for an order enjoining such violation or
23 for an order enforcing compliance with this Section. Upon
24 filing of a verified petition in such court, the court may
25 issue a temporary restraining order without notice or bond
26 and may preliminarily or permanently enjoin such violation,
27 and if it is established that such person has violated or is
28 violating the injunction, the court may punish the offender
29 for contempt of court. Proceedings under this paragraph
30 shall be in addition to, and not in lieu of, all other
31 remedies and penalties provided for by this Section.
32 (Source: P.A. 89-18, eff. 6-1-95; 89-702, eff. 7-1-97.)
33 (225 ILCS 60/36) (from Ch. 111, par. 4400-36)
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1 Sec. 36. Upon the motion of either the Department or the
2 Disciplinary Board or upon the verified complaint in writing
3 of any person setting forth facts which, if proven, would
4 constitute grounds for suspension or revocation under Section
5 22 of this Act, the Department shall investigate the actions
6 of any person, so accused, who holds or represents that they
7 hold a license. Such person is hereinafter called the
8 accused.
9 The Department shall, before suspending, revoking,
10 placing on probationary status, or taking any other
11 disciplinary action as the Department may deem proper with
12 regard to any license at least 30 days prior to the date set
13 for the hearing, notify the accused in writing of any charges
14 made and the time and place for a hearing of the charges
15 before the Disciplinary Board, direct them to file their
16 written answer thereto to the Disciplinary Board under oath
17 within 20 days after the service on them of such notice and
18 inform them that if they fail to file such answer default
19 will be taken against them and their license may be
20 suspended, revoked, placed on probationary status, or have
21 other disciplinary action, including limiting the scope,
22 nature or extent of their practice, as the Department may
23 deem proper taken with regard thereto.
24 Where a physician has been found, upon complaint and
25 investigation of the Department, and after hearing, to have
26 performed an abortion procedure in a wilful and wanton manner
27 upon a woman who was not pregnant at the time such abortion
28 procedure was performed, the Department shall automatically
29 revoke the license of such physician to practice medicine in
30 Illinois.
31 Such written notice and any notice in such proceedings
32 thereafter may be served by delivery of the same, personally,
33 to the accused person, or by mailing the same by registered
34 or certified mail to the address last theretofore specified
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1 by the accused in their last notification to the Department.
2 All information gathered by the Department during its
3 investigation including information subpoenaed under Section
4 23 or 38 of this Act and the investigative file shall be kept
5 for the confidential use of the Director, Disciplinary Board,
6 the Medical Coordinators, persons employed by contract to
7 advise the Medical Coordinator or the Department, the
8 Disciplinary Board's attorneys, the medical investigative
9 staff, and authorized clerical staff, as provided in this Act
10 and shall be afforded the same status as is provided
11 information concerning medical studies in Part 21 of Article
12 VIII of the Code of Civil Procedure.
13 (Source: P.A. 85-4.)
14 (225 ILCS 60/38) (from Ch. 111, par. 4400-38)
15 Sec. 38. The Disciplinary Board or Department has power
16 to subpoena and bring before it any person in this State and
17 to take testimony either orally or by deposition, or both,
18 with the same fees and mileage and in the same manner as is
19 prescribed by law for judicial procedure in civil cases.
20 The Disciplinary Board, upon a determination that
21 probable cause exists that a violation of one or more of the
22 grounds for discipline listed in Section 22 has occurred or
23 is occurring, may subpoena the medical and hospital records
24 of individual patients of physicians licensed under this Act,
25 provided, that prior to the submission of such records to the
26 Disciplinary Board, all information indicating the identity
27 of the patient shall be removed and deleted. Notwithstanding
28 the foregoing, the Disciplinary Board and Department shall
29 possess the power to subpoena copies of hospital or medical
30 records in mandatory report cases under Section 23 alleging
31 death or permanent bodily injury when consent to obtain
32 records is not provided by a patient or legal representative.
33 Prior to submission of the records to the Disciplinary Board,
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1 all information indicating the identity of the patient shall
2 be removed and deleted. All medical records and other
3 information received pursuant to subpoena shall be
4 confidential and shall be afforded the same status as is
5 proved information concerning medical studies in Part 21 of
6 Article VIII of the Code of Civil Procedure. The use of such
7 records shall be restricted to members of the Disciplinary
8 Board, the medical coordinators, and appropriate staff of the
9 Department of Professional Regulation designated by the
10 Disciplinary Board for the purpose of determining the
11 existence of one or more grounds for discipline of the
12 physician as provided for by Section 22 of this Act. Any
13 such review of individual patients' records shall be
14 conducted by the Disciplinary Board in strict
15 confidentiality, provided that such patient records shall be
16 admissible in a disciplinary hearing, before the Disciplinary
17 Board, when necessary to substantiate the grounds for
18 discipline alleged against the physician licensed under this
19 Act, and provided further, that nothing herein shall be
20 deemed to supersede the provisions of Part 21 of Article VIII
21 of the "Code of Civil Procedure", as now or hereafter
22 amended, to the extent applicable.
23 The Director, and any member of the Disciplinary Board
24 each have power to administer oaths at any hearing which the
25 Disciplinary Board or Department is authorized by law to
26 conduct.
27 The Disciplinary Board, upon a determination that
28 probable cause exists that a violation of one or more of the
29 grounds for discipline listed in Section 22 has occurred or
30 is occurring on the business premises of a physician licensed
31 under this Act, may issue an order authorizing an
32 appropriately qualified investigator employed by the
33 Department to enter upon the business premises with due
34 consideration for patient care of the subject of the
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1 investigation so as to inspect the physical premises and
2 equipment and furnishings therein. No such order shall
3 include the right of inspection of business, medical, or
4 personnel records located on the premises. For purposes of
5 this Section, "business premises" is defined as the office or
6 offices where the physician conducts the practice of
7 medicine. Any such order shall expire and become void five
8 business days after its issuance by the Disciplinary Board.
9 The execution of any such order shall be valid only during
10 the normal business hours of the facility or office to be
11 inspected.
12 (Source: P.A. 85-1209.)