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90_HB2818ham001
LRB9008900JSpkam
1 AMENDMENT TO HOUSE BILL 2818
2 AMENDMENT NO. . Amend House Bill 2818 by replacing
3 the title with the following:
4 "AN ACT to amend the Medical Practice Act of 1987 by
5 changing Sections 23, 36, and 38."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Medical Practice Act of 1987 is amended
9 by changing Sections 23, 36, and 38 as follows:
10 (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
11 Sec. 23. Reports relating to professional conduct and
12 capacity.
13 (A) Entities required to report.
14 (1) Health care institutions. The chief
15 administrator or executive officer of any health care
16 institution licensed by the Illinois Department of Public
17 Health shall report to the Disciplinary Board when any
18 person's clinical privileges are terminated or are
19 restricted based on a final determination, in accordance
20 with that institution's by-laws or rules and regulations,
21 that a person has either committed an act or acts which
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1 may directly threaten patient care, and not of an
2 administrative nature, or that a person may be mentally
3 or physically disabled in such a manner as to endanger
4 patients under that person's care. Such officer also
5 shall report if a person accepts voluntary termination or
6 restriction of clinical privileges in lieu of formal
7 action based upon conduct related directly to patient
8 care and not of an administrative nature, or in lieu of
9 formal action seeking to determine whether a person may
10 be mentally or physically disabled in such a manner as to
11 endanger patients under that person's care. The Medical
12 Disciplinary Board shall, by rule, provide for the
13 reporting to it of all instances in which a person,
14 licensed under this Act, who is impaired by reason of
15 age, drug or alcohol abuse or physical or mental
16 impairment, is under supervision and, where appropriate,
17 is in a program of rehabilitation. Such reports shall be
18 strictly confidential and may be reviewed and considered
19 only by the members of the Disciplinary Board, or by
20 authorized staff as provided by rules of the Disciplinary
21 Board. Provisions shall be made for the periodic report
22 of the status of any such person not less than twice
23 annually in order that the Disciplinary Board shall have
24 current information upon which to determine the status of
25 any such person. Such initial and periodic reports of
26 impaired physicians shall not be considered records
27 within the meaning of The State Records Act and shall be
28 disposed of, following a determination by the
29 Disciplinary Board that such reports are no longer
30 required, in a manner and at such time as the
31 Disciplinary Board shall determine by rule. The filing
32 of such reports shall be construed as the filing of a
33 report for purposes of subsection (C) of this Section.
34 (2) Professional associations. The President or
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1 chief executive officer of any association or society, of
2 persons licensed under this Act, operating within this
3 State shall report to the Disciplinary Board when the
4 association or society renders a final determination that
5 a person has committed unprofessional conduct related
6 directly to patient care or that a person may be mentally
7 or physically disabled in such a manner as to endanger
8 patients under that person's care.
9 (3) Professional liability insurers. Every
10 insurance company which offers policies of professional
11 liability insurance to persons licensed under this Act,
12 or any other entity which seeks to indemnify the
13 professional liability of a person licensed under this
14 Act, shall report to the Disciplinary Board the
15 settlement of any claim or cause of action, or final
16 judgment rendered in any cause of action, which alleged
17 negligence in the furnishing of medical care by such
18 licensed person when such settlement or final judgment is
19 in favor of the plaintiff.
20 (4) State's Attorneys. The State's Attorney of
21 each county shall report to the Disciplinary Board all
22 instances in which a person licensed under this Act is
23 convicted or otherwise found guilty of the commission of
24 any felony. The State's Attorney of each county may
25 report to the Disciplinary Board through a verified
26 complaint any instance in which the State's Attorney
27 believes that a physician has willfully violated the
28 notice requirements of the Parental Notice of Abortion
29 Act of 1995.
30 (5) State agencies. All agencies, boards,
31 commissions, departments, or other instrumentalities of
32 the government of the State of Illinois shall report to
33 the Disciplinary Board any instance arising in connection
34 with the operations of such agency, including the
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1 administration of any law by such agency, in which a
2 person licensed under this Act has either committed an
3 act or acts which may be a violation of this Act or which
4 may constitute unprofessional conduct related directly to
5 patient care or which indicates that a person licensed
6 under this Act may be mentally or physically disabled in
7 such a manner as to endanger patients under that person's
8 care.
9 (B) Mandatory reporting. All reports required by items
10 (34), (35), and (36) of subsection (A) of Section 22 and by
11 Section 23 shall be submitted to the Disciplinary Board in a
12 timely fashion. The reports shall be filed in writing within
13 60 days after a determination that a report is required under
14 this Act. All reports shall contain the following
15 information:
16 (1) The name, address and telephone number of the
17 person making the report.
18 (2) The name, address and telephone number of the
19 person who is the subject of the report.
20 (3) The name or other means of identification of
21 any patient or patients whose treatment is a subject of
22 the report, provided, however, no medical records may be
23 revealed without the written consent of the patient or
24 patients. When the Department has received written
25 reports concerning incidents required to be reported in
26 items (34), (35), and (36) of subsection (A) of Section
27 22, the licensee's failure to report the incident to the
28 Department under those items shall not be the sole
29 grounds for disciplinary action.
30 (4) A brief description of the facts which gave
31 rise to the issuance of the report, including the dates
32 of any occurrences deemed to necessitate the filing of
33 the report.
34 (5) If court action is involved, the identity of
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1 the court in which the action is filed, along with the
2 docket number and date of filing of the action.
3 (6) Any further pertinent information which the
4 reporting party deems to be an aid in the evaluation of
5 the report.
6 The Department shall have the right to inform patients of
7 the right to provide written consent for the Department to
8 obtain copies of hospital and medical records. The
9 Disciplinary Board or Department may exercise the power under
10 Section 38 of this Act to subpoena copies of hospital or
11 medical records in mandatory report cases alleging death or
12 permanent bodily injury when consent to obtain records is not
13 provided by a patient or legal representative. Appropriate
14 rules shall be adopted by the Department with the approval of
15 the Disciplinary Board.
16 When the Department has received written reports
17 concerning incidents required to be reported in items (34),
18 (35), and (36) of subsection (A) of Section 22, the
19 licensee's failure to report the incident to the Department
20 under those items shall not be the sole grounds for
21 disciplinary action.
22 Nothing contained in this Section shall act to in any
23 way, waive or modify the confidentiality of medical reports
24 and committee reports to the extent provided by law. Any
25 information reported or disclosed shall be kept for the
26 confidential use of the Disciplinary Board, the Medical
27 Coordinators, the Disciplinary Board's attorneys, the medical
28 investigative staff, and authorized clerical staff, as
29 provided in this Act, and shall be afforded the same status
30 as is provided information concerning medical studies in Part
31 21 of Article VIII of the Code of Civil Procedure.
32 (C) Immunity from prosecution. Any individual or
33 organization acting in good faith, and not in a wilful and
34 wanton manner, in complying with this Act by providing any
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1 report or other information to the Disciplinary Board, or
2 assisting in the investigation or preparation of such
3 information, or by participating in proceedings of the
4 Disciplinary Board, or by serving as a member of the
5 Disciplinary Board, shall not, as a result of such actions,
6 be subject to criminal prosecution or civil damages.
7 (D) Indemnification. Members of the Disciplinary Board,
8 the Medical Coordinators, the Disciplinary Board's attorneys,
9 the medical investigative staff, physicians retained under
10 contract to assist and advise the medical coordinators in the
11 investigation, and authorized clerical staff shall be
12 indemnified by the State for any actions occurring within the
13 scope of services on the Disciplinary Board, done in good
14 faith and not wilful and wanton in nature. The Attorney
15 General shall defend all such actions unless he or she
16 determines either that there would be a conflict of interest
17 in such representation or that the actions complained of were
18 not in good faith or were wilful and wanton.
19 Should the Attorney General decline representation, the
20 member shall have the right to employ counsel of his or her
21 choice, whose fees shall be provided by the State, after
22 approval by the Attorney General, unless there is a
23 determination by a court that the member's actions were not
24 in good faith or were wilful and wanton.
25 The member must notify the Attorney General within 7 days
26 of receipt of notice of the initiation of any action
27 involving services of the Disciplinary Board. Failure to so
28 notify the Attorney General shall constitute an absolute
29 waiver of the right to a defense and indemnification.
30 The Attorney General shall determine within 7 days after
31 receiving such notice, whether he or she will undertake to
32 represent the member.
33 (E) Deliberations of Disciplinary Board. Upon the
34 receipt of any report called for by this Act, other than
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1 those reports of impaired persons licensed under this Act
2 required pursuant to the rules of the Disciplinary Board, the
3 Disciplinary Board shall notify in writing, by certified
4 mail, the person who is the subject of the report. Such
5 notification shall be made within 30 days of receipt by the
6 Disciplinary Board of the report.
7 The notification shall include a written notice setting
8 forth the person's right to examine the report. Included in
9 such notification shall be the address at which the file is
10 maintained, the name of the custodian of the reports, and the
11 telephone number at which the custodian may be reached. The
12 person who is the subject of the report shall submit a
13 written statement responding, clarifying, adding to, or
14 proposing the amending of the report previously filed. The
15 statement shall become a permanent part of the file and must
16 be received by the Disciplinary Board no more than 60 days
17 after the date on which the person was notified by the
18 Disciplinary Board of the existence of the original report.
19 The Disciplinary Board shall review all reports received
20 by it, together with any supporting information and
21 responding statements submitted by persons who are the
22 subject of reports. The review by the Disciplinary Board
23 shall be in a timely manner but in no event, shall the
24 Disciplinary Board's initial review of the material contained
25 in each disciplinary file be less than 61 days nor more than
26 180 days after the receipt of the initial report by the
27 Disciplinary Board.
28 When the Disciplinary Board makes its initial review of
29 the materials contained within its disciplinary files, the
30 Disciplinary Board shall, in writing, make a determination as
31 to whether there are sufficient facts to warrant further
32 investigation or action. Failure to make such determination
33 within the time provided shall be deemed to be a
34 determination that there are not sufficient facts to warrant
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1 further investigation or action.
2 Should the Disciplinary Board find that there are not
3 sufficient facts to warrant further investigation, or action,
4 the report shall be accepted for filing and the matter shall
5 be deemed closed and so reported to the Director. The
6 Director shall then have 30 days to accept the Medical
7 Disciplinary Board's decision or request further
8 investigation. The Director shall inform the Board in
9 writing of the decision to request further investigation,
10 including the specific reasons for the decision. The
11 individual or entity filing the original report or complaint
12 and the person who is the subject of the report or complaint
13 shall be notified in writing by the Director Disciplinary
14 Board of any final action on their report or complaint.
15 (F) Summary reports. The Disciplinary Board shall
16 prepare, on a timely basis, but in no event less than one
17 every other month, a summary report of final actions taken
18 upon disciplinary files maintained by the Disciplinary Board.
19 The summary reports shall be sent by the Disciplinary Board
20 to every health care facility licensed by the Illinois
21 Department of Public Health, every professional association
22 and society of persons licensed under this Act functioning on
23 a statewide basis in this State, the American Medical
24 Association, the American Osteopathic Association, the
25 American Chiropractic Association, all insurers providing
26 professional liability insurance to persons licensed under
27 this Act in the State of Illinois, the Federation of State
28 Medical Licensing Boards, and the Illinois Pharmacists
29 Association.
30 (G) Any violation of this Section shall be a Class A
31 misdemeanor.
32 (H) If any such person violates the provisions of this
33 Section an action may be brought in the name of the People of
34 the State of Illinois, through the Attorney General of the
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1 State of Illinois, for an order enjoining such violation or
2 for an order enforcing compliance with this Section. Upon
3 filing of a verified petition in such court, the court may
4 issue a temporary restraining order without notice or bond
5 and may preliminarily or permanently enjoin such violation,
6 and if it is established that such person has violated or is
7 violating the injunction, the court may punish the offender
8 for contempt of court. Proceedings under this paragraph
9 shall be in addition to, and not in lieu of, all other
10 remedies and penalties provided for by this Section.
11 (Source: P.A. 89-18, eff. 6-1-95; 89-702, eff. 7-1-97.)
12 (225 ILCS 60/36) (from Ch. 111, par. 4400-36)
13 Sec. 36. Upon the motion of either the Department or the
14 Disciplinary Board or upon the verified complaint in writing
15 of any person setting forth facts which, if proven, would
16 constitute grounds for suspension or revocation under Section
17 22 of this Act, the Department shall investigate the actions
18 of any person, so accused, who holds or represents that they
19 hold a license. Such person is hereinafter called the
20 accused.
21 The Department shall, before suspending, revoking,
22 placing on probationary status, or taking any other
23 disciplinary action as the Department may deem proper with
24 regard to any license at least 30 days prior to the date set
25 for the hearing, notify the accused in writing of any charges
26 made and the time and place for a hearing of the charges
27 before the Disciplinary Board, direct them to file their
28 written answer thereto to the Disciplinary Board under oath
29 within 20 days after the service on them of such notice and
30 inform them that if they fail to file such answer default
31 will be taken against them and their license may be
32 suspended, revoked, placed on probationary status, or have
33 other disciplinary action, including limiting the scope,
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1 nature or extent of their practice, as the Department may
2 deem proper taken with regard thereto.
3 Where a physician has been found, upon complaint and
4 investigation of the Department, and after hearing, to have
5 performed an abortion procedure in a wilful and wanton manner
6 upon a woman who was not pregnant at the time such abortion
7 procedure was performed, the Department shall automatically
8 revoke the license of such physician to practice medicine in
9 Illinois.
10 Such written notice and any notice in such proceedings
11 thereafter may be served by delivery of the same, personally,
12 to the accused person, or by mailing the same by registered
13 or certified mail to the address last theretofore specified
14 by the accused in their last notification to the Department.
15 All information gathered by the Department including
16 information subpoenaed under Section 23 or 38 of this Act and
17 the investigative file shall be kept for the confidential use
18 of the Director, Disciplinary Board, the Medical
19 Coordinators, persons employed by contract to advise the
20 Medical Coordinator or the Department, the Disciplinary
21 Board's attorneys, the medical investigative staff, and
22 authorized clerical staff, as provided in this Act and shall
23 be afforded the same status as is provided information
24 concerning medical studies in Part 21 of Article VIII of the
25 Code of Civil Procedure.
26 (Source: P.A. 85-4.)
27 (225 ILCS 60/38) (from Ch. 111, par. 4400-38)
28 Sec. 38. The Disciplinary Board or Department has power
29 to subpoena and bring before it any person in this State and
30 to take testimony either orally or by deposition, or both,
31 with the same fees and mileage and in the same manner as is
32 prescribed by law for judicial procedure in civil cases.
33 The Disciplinary Board, upon a determination that
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1 probable cause exists that a violation of one or more of the
2 grounds for discipline listed in Section 22 has occurred or
3 is occurring, may subpoena the medical and hospital records
4 of individual patients of physicians licensed under this Act,
5 provided, that prior to the submission of such records to the
6 Disciplinary Board, all information indicating the identity
7 of the patient shall be removed and deleted. Notwithstanding
8 the foregoing, the Disciplinary Board and Department shall
9 possess the power to subpoena copies of hospital or medical
10 records in mandatory report cases under Section 23 alleging
11 death or permanent bodily injury when consent to obtain
12 records is not provided by a patient or legal representative.
13 All information including investigative files shall be
14 confidential and shall be afforded the same status as is
15 proved information concerning medical studies in Part 21 of
16 Article VIII of the Code of Civil Procedure. The use of such
17 records shall be restricted to members of the Disciplinary
18 Board, the medical coordinators, and appropriate staff of the
19 Department of Professional Regulation designated by the
20 Disciplinary Board for the purpose of determining the
21 existence of one or more grounds for discipline of the
22 physician as provided for by Section 22 of this Act. Any
23 such review of individual patients' records shall be
24 conducted by the Disciplinary Board in strict
25 confidentiality, provided that such patient records shall be
26 admissible in a disciplinary hearing, before the Disciplinary
27 Board, when necessary to substantiate the grounds for
28 discipline alleged against the physician licensed under this
29 Act, and provided further, that nothing herein shall be
30 deemed to supersede the provisions of Part 21 of Article VIII
31 of the "Code of Civil Procedure", as now or hereafter
32 amended, to the extent applicable.
33 The Director, and any member of the Disciplinary Board
34 each have power to administer oaths at any hearing which the
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1 Disciplinary Board or Department is authorized by law to
2 conduct.
3 The Disciplinary Board, upon a determination that
4 probable cause exists that a violation of one or more of the
5 grounds for discipline listed in Section 22 has occurred or
6 is occurring on the business premises of a physician licensed
7 under this Act, may issue an order authorizing an
8 appropriately qualified investigator employed by the
9 Department to enter upon the business premises with due
10 consideration for patient care of the subject of the
11 investigation so as to inspect the physical premises and
12 equipment and furnishings therein. No such order shall
13 include the right of inspection of business, medical, or
14 personnel records located on the premises. For purposes of
15 this Section, "business premises" is defined as the office or
16 offices where the physician conducts the practice of
17 medicine. Any such order shall expire and become void five
18 business days after its issuance by the Disciplinary Board.
19 The execution of any such order shall be valid only during
20 the normal business hours of the facility or office to be
21 inspected.
22 (Source: P.A. 85-1209.)".