State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]
[ House Amendment 002 ]

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,
HB2818 Engrossed            -2-                LRB9008900JSgc
 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
HB2818 Engrossed            -3-                LRB9008900JSgc
 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
HB2818 Engrossed            -4-                LRB9008900JSgc
 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
HB2818 Engrossed            -5-                LRB9008900JSgc
 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
HB2818 Engrossed            -6-                LRB9008900JSgc
 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
HB2818 Engrossed            -7-                LRB9008900JSgc
 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
HB2818 Engrossed            -8-                LRB9008900JSgc
 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)
HB2818 Engrossed            -9-                LRB9008900JSgc
 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
HB2818 Engrossed            -10-               LRB9008900JSgc
 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,
HB2818 Engrossed            -11-               LRB9008900JSgc
 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
HB2818 Engrossed            -12-               LRB9008900JSgc
 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.)

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