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1 | AN ACT concerning health care.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Article 5. | ||||||||||||||||||||||||||||
5 | Section 5-1. Short title. This Article may be cited as the | ||||||||||||||||||||||||||||
6 | Medical Error Reporting Law. | ||||||||||||||||||||||||||||
7 | Section 5-5. Findings. The General Assembly finds and | ||||||||||||||||||||||||||||
8 | declares that: | ||||||||||||||||||||||||||||
9 | (1) adverse incidents, some of which are the result of | ||||||||||||||||||||||||||||
10 | preventable errors, are inherent in all systems; | ||||||||||||||||||||||||||||
11 | (2) well-designed systems have processes built in to | ||||||||||||||||||||||||||||
12 | minimize the occurrence of errors, as well as to detect | ||||||||||||||||||||||||||||
13 | those that do occur; they incorporate mechanisms to | ||||||||||||||||||||||||||||
14 | continually improve their performance; | ||||||||||||||||||||||||||||
15 | (3) to enhance patient safety, the goal is to craft a | ||||||||||||||||||||||||||||
16 | health care delivery system that minimizes, to the greatest | ||||||||||||||||||||||||||||
17 | extent feasible, the harm to patients that results from the | ||||||||||||||||||||||||||||
18 | delivery system itself;
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19 | (4) an important component of a successful patient | ||||||||||||||||||||||||||||
20 | safety strategy is a feedback mechanism that allows | ||||||||||||||||||||||||||||
21 | detection and analysis not only of adverse incidents, but | ||||||||||||||||||||||||||||
22 | also of "near-misses";
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23 | (5) to encourage disclosure of these incidents so that | ||||||||||||||||||||||||||||
24 | they can be analyzed and used for improvement, it is | ||||||||||||||||||||||||||||
25 | critical to create a non-punitive culture that focuses on | ||||||||||||||||||||||||||||
26 | improving processes rather than assigning blame; | ||||||||||||||||||||||||||||
27 | (6) under current Illinois law, hospitals are required | ||||||||||||||||||||||||||||
28 | to investigate any unusual incidents that occur at any time | ||||||||||||||||||||||||||||
29 | on a patient care unit and summarized reports of these | ||||||||||||||||||||||||||||
30 | unusual incidents are to be made available to the | ||||||||||||||||||||||||||||
31 | Department of Public Health; |
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1 | (7) governing boards of hospitals are responsible for | ||||||
2 | the establishment of policy for the investigation of | ||||||
3 | unusual incidents that may occur; | ||||||
4 | (8) hospitals are required to maintain accurate, | ||||||
5 | current, and complete personnel records for each employee, | ||||||
6 | including current and background information sufficient to | ||||||
7 | justify the initial and continuing employment of the | ||||||
8 | individual; | ||||||
9 | (9) hospitals are routinely denied information about | ||||||
10 | prospective employees from their former employers with | ||||||
11 | regard to patient error or unusual incidents because these | ||||||
12 | former employers fear that their former employees may file | ||||||
13 | defamation or other civil lawsuits; and | ||||||
14 | (10) by establishing an environment that both mandates | ||||||
15 | the confidential disclosure of the most serious | ||||||
16 | preventable adverse incidents and encourages the | ||||||
17 | voluntary, anonymous and confidential disclosure of less | ||||||
18 | serious adverse incidents, as well as preventable | ||||||
19 | incidents and near-misses, the State seeks to increase the | ||||||
20 | amount of information on systems failures, analyze the | ||||||
21 | sources of these failures, and disseminate information on | ||||||
22 | effective practices for reducing systems failures and | ||||||
23 | improving the safety of patients.
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24 | Section 5-10. Definitions. As used in this Law:
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25 | "Adverse incident" means an unusual incident that is a | ||||||
26 | negative consequence of care that results in unintended injury | ||||||
27 | or illness, which may or may not have been preventable. | ||||||
28 | "Anonymous" means that information is presented in a form | ||||||
29 | and manner that prevents the identification of the person | ||||||
30 | filing the report. | ||||||
31 | "Department" means the Department of Public Health. | ||||||
32 | "Director" means the Director of Public Health. | ||||||
33 | "Incident" means a discrete, auditable, and clearly | ||||||
34 | defined occurrence. | ||||||
35 | "Health care facility" means a facility or institution, |
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1 | whether public or private, engaged principally in providing | ||||||
2 | services for health maintenance organizations or in diagnosis | ||||||
3 | of treatment of human disease, pain, injury, deformity, or | ||||||
4 | physical condition, including, but not limited to, a general | ||||||
5 | hospital, special hospital, mental hospital, public health | ||||||
6 | center, diagnostic center, treatment center, rehabilitation | ||||||
7 | center, extended care facility, skilled nursing home, nursing | ||||||
8 | home, intermediate care facility, tuberculosis hospital, | ||||||
9 | chronic disease hospital, maternity hospital, outpatient | ||||||
10 | clinic, dispensary, home health care agency, residential | ||||||
11 | health care facility, and bioanalytical laboratory (except as | ||||||
12 | specifically excluded hereunder) or central services facility | ||||||
13 | serving one or more such institutions but excluding | ||||||
14 | institutions that provide healing solely by prayer and | ||||||
15 | excluding such bioanalytical laboratories as are independently | ||||||
16 | owned and operated, and are not owned, operated, managed or | ||||||
17 | controlled, in whole or in part, directly or indirectly by any | ||||||
18 | one or more health care facilities, and the predominant source | ||||||
19 | of business of which is not by contract with health care | ||||||
20 | facilities within the State.
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21 | "Health care professional" means an individual who, acting | ||||||
22 | within the scope of his or her licensure or certification, | ||||||
23 | provides health care services and includes, but is not limited | ||||||
24 | to, a physician, dentist, nurse, pharmacist, or other health | ||||||
25 | care professional whose professional practice is regulated | ||||||
26 | pursuant to Chapter 225 of the Illinois Compiled Statutes. | ||||||
27 | "Near-miss" means an occurrence that could have resulted in | ||||||
28 | an adverse incident but the adverse incident was prevented. | ||||||
29 | "Preventable incident" means an incident that could have | ||||||
30 | been anticipated and prepared against, but occurs because of an | ||||||
31 | error or other system failure. | ||||||
32 | "Serious preventable adverse incident" means an adverse | ||||||
33 | incident that is a preventable incident and results in death or | ||||||
34 | loss of a body part, or disability or loss of bodily function | ||||||
35 | lasting more than 7 days or still present at the time of | ||||||
36 | discharge from a health care facility.
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1 | Section 5-15. Patient safety plan. | ||||||
2 | (a) In accordance with the requirements established by the | ||||||
3 | Director by rule, a health care facility shall develop and | ||||||
4 | implement a patient safety plan for the purpose of improving | ||||||
5 | the health and safety of patients at the facility. | ||||||
6 | (b) The patient safety plan shall, at a minimum, include | ||||||
7 | all of the following: | ||||||
8 | (1) A patient safety committee, as prescribed by rule. | ||||||
9 | (2) A process for teams of facility staff, which teams | ||||||
10 | are comprised of personnel who are representative of the | ||||||
11 | facility's various disciplines and have appropriate | ||||||
12 | competencies, to conduct ongoing analysis and application | ||||||
13 | of evidence-based patient safety practices in order to | ||||||
14 | reduce the probability of adverse incidents resulting from | ||||||
15 | exposure to the health care system across a range of | ||||||
16 | diseases and procedures. | ||||||
17 | (3) A process for teams of facility staff, which teams | ||||||
18 | are comprised of personnel who are representative of the | ||||||
19 | facility's various disciplines and have appropriate | ||||||
20 | competencies, to conduct analyses of near-misses, with | ||||||
21 | particular attention to serious preventable adverse | ||||||
22 | incidents and adverse incidents. | ||||||
23 | (4) A process for the provision of ongoing patient | ||||||
24 | safety training for facility personnel.
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25 | (c) Any documents, materials, or information developed by a | ||||||
26 | health care facility as part of a process of self-critical | ||||||
27 | analysis conducted pursuant to this Section concerning | ||||||
28 | preventable incidents, near-misses, and adverse incidents, | ||||||
29 | including serious preventable adverse incidents, and any | ||||||
30 | document or oral statement that constitutes the disclosure | ||||||
31 | provided to a patient or the patient's family member or | ||||||
32 | guardian pursuant to subsection (b) of Section 5-20, shall not | ||||||
33 | be
(i) subject to discovery or admissible as evidence or | ||||||
34 | otherwise disclosed in any civil, criminal, or administrative | ||||||
35 | action or proceeding or
(ii) used in an adverse employment |
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1 | action or in the evaluation of decisions made in relation to | ||||||
2 | accreditation, certification, credentialing, or licensing of | ||||||
3 | an individual, which is based on the individual's participation | ||||||
4 | in the development, collection, reporting, or storage of | ||||||
5 | information in accordance with this Section. The provisions of | ||||||
6 | this subsection shall not be construed to limit a health care | ||||||
7 | facility from taking disciplinary action against a health care | ||||||
8 | professional in a case in which the professional has displayed | ||||||
9 | recklessness, gross negligence, or willful misconduct or in | ||||||
10 | which there is evidence, based on other similar cases known to | ||||||
11 | the facility, of a pattern of significant substandard | ||||||
12 | performance that resulted in serious preventable adverse | ||||||
13 | incidents. | ||||||
14 | Section 5-20. Reports; use of information. | ||||||
15 | (a) A health care facility must report to the Department in | ||||||
16 | a form and manner established by the Director every serious | ||||||
17 | preventable adverse incident that occurs in that facility. | ||||||
18 | (b) A health care facility shall ensure that the patient | ||||||
19 | affected by a serious preventable adverse incident, or, in the | ||||||
20 | case of a minor or a patient who is incapacitated, the | ||||||
21 | patient's parent or guardian or other family member, as | ||||||
22 | appropriate, is informed of the serious preventable adverse | ||||||
23 | incident, no later than the end of the episode of care, or, if | ||||||
24 | discovery occurs after the end of the episode of care, in a | ||||||
25 | timely fashion as established by the Director by rule. If the | ||||||
26 | patient's physician determines, in accordance with criteria | ||||||
27 | established by the Director by rule, that the disclosure would | ||||||
28 | seriously and adversely affect the patient's health, then the | ||||||
29 | facility shall notify the family member, if available. In the | ||||||
30 | event that an adult patient is not informed of the serious | ||||||
31 | preventable adverse incident, the facility shall ensure that | ||||||
32 | the physician includes a statement in the patient's medical | ||||||
33 | record that provides the reason for not informing the patient | ||||||
34 | pursuant to this Section. | ||||||
35 | (c) A health care professional or other employee of a |
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1 | health care facility is encouraged to make anonymous reports to | ||||||
2 | the Department in a form and manner established by the Director | ||||||
3 | regarding near-misses, preventable incidents, and adverse | ||||||
4 | incidents that are otherwise not subject to mandatory reporting | ||||||
5 | pursuant to subsection (a) of this Section.
The Director shall | ||||||
6 | establish procedures for and a system to collect, store, and | ||||||
7 | analyze information voluntarily reported pursuant to this | ||||||
8 | subsection. The repository shall function as a clearinghouse | ||||||
9 | for trend analysis of the information collected pursuant to | ||||||
10 | this subsection.
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11 | (d) Any documents, materials, or information received by | ||||||
12 | the Department pursuant to the provisions of subsections (a) | ||||||
13 | and (c) of this Section concerning serious preventable adverse | ||||||
14 | incidents, near-misses, preventable incidents, and adverse | ||||||
15 | incidents that are otherwise not subject to mandatory reporting | ||||||
16 | pursuant to subsection (a) of this Section shall not be (i) | ||||||
17 | subject to discovery or admissible as evidence or otherwise | ||||||
18 | disclosed in any civil, criminal, or administrative action or | ||||||
19 | proceeding,
(ii) considered a public record under the Freedom | ||||||
20 | of Information Act, or
(iii) used in an adverse employment | ||||||
21 | action or in the evaluation of decisions made in relation to | ||||||
22 | accreditation, certification, credentialing, or licensing of | ||||||
23 | an individual, which is based on the individual's participation | ||||||
24 | in the development, collection, reporting, or storage of | ||||||
25 | information in accordance with this Section. The provisions of | ||||||
26 | this subsection shall not be construed to limit a health care | ||||||
27 | facility from taking disciplinary action against a health care | ||||||
28 | professional in a case in which the professional has displayed | ||||||
29 | recklessness, gross negligence, or willful misconduct or in | ||||||
30 | which there is evidence, based on other similar cases known to | ||||||
31 | the facility, of a pattern of significant substandard | ||||||
32 | performance that resulted in serious preventable adverse | ||||||
33 | incidents.
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34 | The information received by the Department may be used by | ||||||
35 | the Department and the Attorney General for the purposes of | ||||||
36 | this Law and for oversight of facilities and health care |
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1 | professionals. The Department and the Attorney General shall | ||||||
2 | not use the information for any other purpose.
In using the | ||||||
3 | information to exercise oversight, the Department and the | ||||||
4 | Attorney General shall place primary emphasis on ensuring | ||||||
5 | effective corrective action by the facility or health care | ||||||
6 | professional, reserving punitive enforcement or disciplinary | ||||||
7 | action for those cases in which the facility or the | ||||||
8 | professional has displayed recklessness, gross negligence, or | ||||||
9 | willful misconduct or in which there is evidence, based on | ||||||
10 | other similar cases known to the Department or the Attorney | ||||||
11 | General, of a pattern of significant substandard performance | ||||||
12 | that has the potential for or actually results in harm to | ||||||
13 | patients.
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14 | Section 5-25. Rules. The Director shall adopt any rules | ||||||
15 | necessary to carry out the provisions of this Article. The | ||||||
16 | regulations shall establish: criteria for a health care | ||||||
17 | facility's patient safety plan and patient safety committee; | ||||||
18 | the time frame and format for mandatory reporting of serious | ||||||
19 | preventable adverse incidents at a health care facility; the | ||||||
20 | types of incidents that qualify as serious preventable adverse | ||||||
21 | incidents; and the circumstances under which a health care | ||||||
22 | facility is not required to inform a patient or the patient's | ||||||
23 | family about a serious preventable adverse incident. In | ||||||
24 | establishing the criteria for reporting serious preventable | ||||||
25 | adverse incidents, the Director shall, to the extent feasible, | ||||||
26 | use criteria for these incidents that have been or are | ||||||
27 | developed by organizations engaged in the development of | ||||||
28 | nationally recognized standards.
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29 | Section 5-30. Report to General Assembly. The Director of | ||||||
30 | Public Health shall issue an annual report to the General | ||||||
31 | Assembly, which is also available to the general public, no | ||||||
32 | later than 18 months after the effective date of this Law on | ||||||
33 | the status of patient safety plans established by health care | ||||||
34 | facilities subject to this Law and information reported to the |
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1 | Department as required by this Law or which is voluntarily | ||||||
2 | reported as permitted by this Law regarding serious preventable | ||||||
3 | adverse incidents that occur in health care facilities subject | ||||||
4 | to this Law. | ||||||
5 | Article 10. | ||||||
6 | Section 10-1. Short title. This Article may be cited as the | ||||||
7 | Health Care Practitioner Reporting Law. | ||||||
8 | Section 10-5. Definition. As used in this Law, "health care | ||||||
9 | practitioner" means any licensed professional that provides | ||||||
10 | health care services. "Health care practitioner" includes a
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11 | physician, dentist, podiatrist, advanced practice nurse, | ||||||
12 | physician
assistant, clinical psychologist, and clinical | ||||||
13 | social worker. | ||||||
14 | Section 10-10. Reporting.
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15 | (a) A law enforcement agency or other government agency | ||||||
16 | that receives a complaint alleging that a State licensed health | ||||||
17 | care practitioner caused injury or death to a patient while | ||||||
18 | practicing within the scope of that practitioner's profession | ||||||
19 | shall promptly report the information contained in the | ||||||
20 | complaint to the appropriate licensing board having | ||||||
21 | jurisdiction over the health care practitioner and to the | ||||||
22 | patient safety committee of the health care facility where the | ||||||
23 | health care practitioner practices, which is established under | ||||||
24 | Section 5-15 of the Medical Error Reporting Law. | ||||||
25 | (b) An employee of a health care practitioner licensed | ||||||
26 | pursuant to Chapter 225 of the Illinois Compiled Statutes who, | ||||||
27 | as a result of information obtained in the course of his or her | ||||||
28 | employment, has reasonable cause to suspect that the health | ||||||
29 | care practitioner, in the course of his or her professional | ||||||
30 | duties, has caused injury or death to a patient shall promptly | ||||||
31 | report the information to the appropriate licensing board | ||||||
32 | having jurisdiction over the health care practitioner.
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1 | (c) An employee of a licensed health care facility who, as | ||||||
2 | a result of information obtained in the course of his or her | ||||||
3 | employment, has reasonable cause to suspect that a health care | ||||||
4 | practitioner licensed pursuant to Chapter 225 of the Illinois | ||||||
5 | Compiled Statutes, in the course of his or her professional | ||||||
6 | duties in the health care facility, has caused injury or death | ||||||
7 | to a patient shall promptly report the information to the | ||||||
8 | appropriate licensing board having jurisdiction over the | ||||||
9 | health care practitioner.
An employee may not be fired or | ||||||
10 | terminated by his or her employer in retaliation for complying | ||||||
11 | with this mandatory reporting requirement. | ||||||
12 | (d) The name of any person who reports information | ||||||
13 | concerning a health care practitioner pursuant to this Section | ||||||
14 | shall not be disclosed without the person's consent, unless an | ||||||
15 | administrative or judicial proceeding results from the report.
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16 | (e) A person who reports information pursuant to this | ||||||
17 | Section or who testifies in any administrative or judicial | ||||||
18 | proceeding arising from the report shall have immunity from any | ||||||
19 | civil or criminal liability on account of the report or | ||||||
20 | testimony, unless the person has acted in bad faith or with | ||||||
21 | malicious purpose. | ||||||
22 | (f) Any person who falsely reports information under this | ||||||
23 | Law shall be guilty of a Class A misdemeanor.
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24 | (g) A law enforcement agency that arrests a State licensed | ||||||
25 | health care practitioner for a crime or for a violation of | ||||||
26 | Section 11-501 of the Illinois Vehicle Code shall promptly | ||||||
27 | report that information to the appropriate licensing board | ||||||
28 | having jurisdiction over the health care practitioner. | ||||||
29 | (h) A court in this State that convicts a State licensed | ||||||
30 | health care practitioner for a crime or for a violation of | ||||||
31 | Section 11-501 of the Illinois Vehicle Code shall promptly | ||||||
32 | report that information to the appropriate licensing board | ||||||
33 | having jurisdiction over the health care practitioner. | ||||||
34 | Section 10-15. Rules. The Attorney General shall adopt | ||||||
35 | rules pursuant to the Illinois Administrative Procedure Act to |
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1 | carry out the purposes of this Article. | ||||||
2 | Article 15. | ||||||
3 | Section 15-1. Short title. This Article may be cited as the | ||||||
4 | Health Care Consumer Information Law. | ||||||
5 | Section 15-5. Definitions. As used in this Law: | ||||||
6 | "Board" means the Medical Licensing Board in the case of a | ||||||
7 | physician and the Podiatric Medical Licensing Board in the case | ||||||
8 | of a podiatrist. | ||||||
9 | "Department" means the Department of Public Health. | ||||||
10 | Section 15-10. Profiles. | ||||||
11 | (a) The Department of Public Health, in consultation with | ||||||
12 | the Medical Licensing Board and the Podiatric Medical Licensing | ||||||
13 | Board, shall, within 180 days after the effective date of this | ||||||
14 | Law and thereafter, collect and maintain information | ||||||
15 | concerning all physicians and podiatrists licensed in this | ||||||
16 | State for the purpose of creating a profile of each physician | ||||||
17 | and podiatrist pursuant to this Law. The profiles shall be made | ||||||
18 | available to the public through electronic and other | ||||||
19 | appropriate means, at no charge to the public. The Department | ||||||
20 | shall establish a toll-free telephone number for members of the | ||||||
21 | public to contact the Department to obtain a paper copy of a | ||||||
22 | physician or podiatrist profile and to make other inquiries | ||||||
23 | about the profiles.
| ||||||
24 | (b) A physician or podiatrist shall be required to provide | ||||||
25 | the Board or Department or its designated agent with any | ||||||
26 | information necessary to complete the profile as provided in | ||||||
27 | Section 20-15 of this Law.
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28 | (c) The Board may request any additional information it | ||||||
29 | deems necessary to complete the profiles on the biennial | ||||||
30 | license renewal form submitted by physicians and podiatrists.
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31 | (d) The Board shall provide to the Department or its | ||||||
32 | designated agent any information required pursuant to this Law |
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1 | that is available to the Board concerning a physician or | ||||||
2 | podiatrist for the purpose of creating the physician and | ||||||
3 | podiatrist profiles.
| ||||||
4 | Section 15-15. Information in profile. | ||||||
5 | (a) The following information must be included for each | ||||||
6 | profile of a physician or podiatrist:
| ||||||
7 | (1) Name of all medical schools attended and dates of | ||||||
8 | graduation. | ||||||
9 | (2) Graduate medical education, including all | ||||||
10 | internships, residencies, and fellowships. | ||||||
11 | (3) Number of years in practice. | ||||||
12 | (4) Number of years in practice in Illinois.
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13 | (5) Location of the physician's or podiatrist's office | ||||||
14 | practice site or sites, as applicable. | ||||||
15 | (6) A description of any criminal convictions for | ||||||
16 | felonies within the most recent 10 years. For the purposes | ||||||
17 | of this item, a person shall be deemed to be convicted of a | ||||||
18 | crime if the individual pleaded guilty or was found or | ||||||
19 | adjudged guilty by a court of competent jurisdiction. The | ||||||
20 | description of criminal convictions shall not include any | ||||||
21 | convictions that have been expunged. | ||||||
22 | (7) A description of any final Board disciplinary | ||||||
23 | actions within the most recent 10 years, except that any | ||||||
24 | such disciplinary action that is being appealed shall be | ||||||
25 | identified. | ||||||
26 | (8) A description of any final disciplinary actions by | ||||||
27 | appropriate licensing boards in other states within the | ||||||
28 | most recent 10 years, except that any such disciplinary | ||||||
29 | action that is being appealed shall be identified. | ||||||
30 | (9) A description of the revocation or involuntary | ||||||
31 | restriction of privileges at a health care facility for | ||||||
32 | reasons related to the practitioner's competence or | ||||||
33 | misconduct or impairment taken by a health care facility's | ||||||
34 | governing body or any other official of the health care | ||||||
35 | facility after procedural due process has been afforded; |
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1 | the resignation from or nonrenewal of medical staff | ||||||
2 | membership at the health care facility for reasons related | ||||||
3 | to the practitioner's competence or misconduct or | ||||||
4 | impairment; or the restriction of privileges at a health | ||||||
5 | care facility taken in lieu of or in settlement of a | ||||||
6 | pending disciplinary case related to the practitioner's | ||||||
7 | competence or misconduct or impairment. Only those cases | ||||||
8 | that have occurred within the most recent 10 years shall be | ||||||
9 | included in the profile. | ||||||
10 | (10) All medical malpractice court judgments and all | ||||||
11 | medical malpractice arbitration awards in which a payment | ||||||
12 | has been awarded to the complaining party during the most | ||||||
13 | recent 5 years and all settlements of medical malpractice | ||||||
14 | claims in which a payment is made to the complaining party | ||||||
15 | within the most recent 5 years, as follows:
| ||||||
16 | (A) Pending medical malpractice claims shall not | ||||||
17 | be included in the profile and information on pending | ||||||
18 | medical malpractice claims shall not be disclosed to | ||||||
19 | the public.
| ||||||
20 | (B) A medical malpractice judgment that is being | ||||||
21 | appealed shall be so identified. | ||||||
22 | (C) The context in which the payment of a medical | ||||||
23 | malpractice claim occurs shall be identified by | ||||||
24 | categorizing the number of judgments, arbitration | ||||||
25 | awards, and settlements against the physician or | ||||||
26 | podiatrist into 3 graduated categories: average, above | ||||||
27 | average, and below average number of judgments, | ||||||
28 | arbitration awards, and settlements. These groupings | ||||||
29 | shall be arrived at by comparing the number of an | ||||||
30 | individual physician's or podiatrist's medical | ||||||
31 | malpractice judgments, arbitration awards, and | ||||||
32 | settlements to the experience of other physicians or | ||||||
33 | podiatrists within the same speciality. | ||||||
34 | (D) The following statement shall be included with | ||||||
35 | the information concerning medical malpractice | ||||||
36 | judgments, arbitration awards, and settlements: |
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1 | "Settlement of a claim and, in particular, the dollar | ||||||
2 | amount of the settlement may occur for a variety of | ||||||
3 | reasons, which do not necessarily reflect negatively | ||||||
4 | on the professional competence or conduct of the | ||||||
5 | physician (or podiatrist). A payment in settlement of a | ||||||
6 | medical malpractice action or claim should not be | ||||||
7 | construed as creating a presumption that medical | ||||||
8 | malpractice has occurred.". | ||||||
9 | (b) If requested by a physician or podiatrist, the | ||||||
10 | following information may be included in a physician's or | ||||||
11 | podiatrist's profile:
| ||||||
12 | (1) Names of the hospitals where the physician or | ||||||
13 | podiatrist has privileges. | ||||||
14 | (2) Appointments of the physician or podiatrist to | ||||||
15 | medical school faculties within the most recent 10 years.
| ||||||
16 | (3) Information regarding any nationally recognized | ||||||
17 | specialty board certification or accreditation by any | ||||||
18 | national professional organization. | ||||||
19 | (4) Information regarding any translating services | ||||||
20 | that may be available at the physician's or podiatrist's | ||||||
21 | office practice site or languages other than English that | ||||||
22 | are spoken by the physician or podiatrist. | ||||||
23 | (5) Information regarding whether the physician or | ||||||
24 | podiatrist participates in the Medicaid program or accepts | ||||||
25 | assignment under the Medicare program. | ||||||
26 | (6) Information regarding the medical insurance plans | ||||||
27 | in which the physician or podiatrist is a participating | ||||||
28 | provider. | ||||||
29 | (7) Information concerning the hours during which the | ||||||
30 | physician or podiatrist conducts his or her practice.
| ||||||
31 | (8) Information concerning accessibility of the | ||||||
32 | practice site to persons with disabilities.
| ||||||
33 | The following disclaimer shall be included with the | ||||||
34 | information supplied by the physician or podiatrist pursuant to | ||||||
35 | this subsection: "This information has been provided by the | ||||||
36 | physician (or podiatrist) but has not been independently |
| |||||||
| |||||||
1 | verified by the Medical Licensing Board or the Department of | ||||||
2 | Public Health."
| ||||||
3 | If the physician or podiatrist includes information | ||||||
4 | regarding medical insurance plans in which the practitioner is | ||||||
5 | a participating provider, the following disclaimer shall be | ||||||
6 | included with that information: "This information may be | ||||||
7 | subject to change. Contact your health benefits plan to verify | ||||||
8 | whether the physician (or podiatrist) currently participates | ||||||
9 | in the plan."
| ||||||
10 | (c) Before a profile is made available to the public, each | ||||||
11 | physician or podiatrist shall be provided with a copy of his or | ||||||
12 | her profile. The profile shall be sent to the physician or | ||||||
13 | podiatrist by certified mail, return receipt requested. The | ||||||
14 | physician or podiatrist shall be given 30 calendar days to | ||||||
15 | correct a factual inaccuracy that may appear in the profile and | ||||||
16 | return it to the Department of Public Health or its designated | ||||||
17 | agent; however, upon receipt of a written request that the | ||||||
18 | Department or its designated agent deems reasonable, the | ||||||
19 | physician or podiatrist may be granted an extension of up to 15 | ||||||
20 | calendar days to correct a factual inaccuracy and return the | ||||||
21 | corrected profile to the Department or its designated agent.
| ||||||
22 | (d) If new information or a change in existing information | ||||||
23 | is received by the Department concerning a physician or | ||||||
24 | podiatrist, the physician or podiatrist shall be provided with | ||||||
25 | a copy of the proposed revision and shall be given 30 calendar | ||||||
26 | days to correct a factual inaccuracy and to return the | ||||||
27 | corrected information to the Department or its designated | ||||||
28 | agent.
| ||||||
29 | (e) The profile and any revisions thereto shall not be made | ||||||
30 | available to the public until after the review period provided | ||||||
31 | for in this Section has elapsed.
| ||||||
32 | Section 15-20. Contract. | ||||||
33 | (a) The Department shall contract with a public or private | ||||||
34 | entity for the purpose of developing, administering, and | ||||||
35 | maintaining the physician and podiatrist profiles required |
| |||||||
| |||||||
1 | pursuant to this Law.
The contract shall specify the duties and | ||||||
2 | responsibilities of the entity with respect to the development, | ||||||
3 | administration, and maintenance of the profile. The contract | ||||||
4 | shall specify the duties and responsibilities of the Department | ||||||
5 | with respect to providing the information required pursuant to | ||||||
6 | Section 20-15 of this Law to the entity on a regular and timely | ||||||
7 | basis.
The contract shall specify that any identifying | ||||||
8 | information concerning a physician or podiatrist provided to | ||||||
9 | the entity by the Department, the Board, or the physician or | ||||||
10 | podiatrist shall be used only for the purpose of the profile.
| ||||||
11 | (b) The Department shall monitor the work of the entity to | ||||||
12 | ensure that physician and podiatrist profiles are properly | ||||||
13 | developed and maintained pursuant to the requirements of this | ||||||
14 | Law.
| ||||||
15 | Section 15-25. Report to General Assembly. The Director of | ||||||
16 | Public Health shall report to the General Assembly no later | ||||||
17 | than 18 months after the effective date of this Law on the | ||||||
18 | status of the physician and podiatrist profiles.
The Director | ||||||
19 | shall also make recommendations in the report on the issue of | ||||||
20 | developing profiles for other licensed health care | ||||||
21 | professionals, including, but not limited to, dentists, | ||||||
22 | nurses, physician assistants, optometrists, and physical | ||||||
23 | therapists, and the type of information that would be | ||||||
24 | appropriate to include in the respective profiles for each type | ||||||
25 | of licensed health care professional.
| ||||||
26 | Section 15-30. Rules. The Department shall adopt any rules | ||||||
27 | necessary for the enforcement of this Law. | ||||||
28 | Section 15-90. The Medical Practice Act of 1987 is amended | ||||||
29 | by changing Section 45 as follows:
| ||||||
30 | (225 ILCS 60/45) (from Ch. 111, par. 4400-45)
| ||||||
31 | (Section scheduled to be repealed on January 1, 2007)
| ||||||
32 | Sec. 45. In all hearings conducted under this Act,
|
| |||||||
| |||||||
1 | information received, pursuant to law, relating to any
| ||||||
2 | information acquired by a physician in attending any patient
in | ||||||
3 | a professional character, necessary to enable them
| ||||||
4 | professionally to serve such patient, shall be deemed
strictly | ||||||
5 | confidential and shall only be made available
either as part of | ||||||
6 | the record of such hearing or otherwise:
(a) when such record | ||||||
7 | is required, in its entirety, for
purposes of judicial review | ||||||
8 | pursuant to this Act; or (b)
upon the express, written consent | ||||||
9 | of the patient, or in the
case of their death or disability, of | ||||||
10 | their personal
representative.
| ||||||
11 | The provisions of this Section shall not apply to | ||||||
12 | information that the Department of Public Health or its | ||||||
13 | designated agent is required to include in a physician's | ||||||
14 | profile pursuant to the Health Care Consumer Information Law.
| ||||||
15 | (Source: P.A. 85-4.)
| ||||||
16 | Article 90. | ||||||
17 | Section 90-5. The Medical Practice Act of 1987 is amended | ||||||
18 | by changing Section 22 as follows:
| ||||||
19 | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2007)
| ||||||
21 | Sec. 22. Disciplinary action.
| ||||||
22 | (A) The Department may revoke, suspend, place on | ||||||
23 | probationary
status, or take any other disciplinary action as | ||||||
24 | the Department may deem proper
with regard to the license or | ||||||
25 | visiting professor permit of any person issued
under this Act | ||||||
26 | to practice medicine, or to treat human ailments without the | ||||||
27 | use
of drugs and without operative surgery upon any of the | ||||||
28 | following grounds:
| ||||||
29 | (1) Performance of an elective abortion in any place, | ||||||
30 | locale,
facility, or
institution other than:
| ||||||
31 | (a) a facility licensed pursuant to the Ambulatory | ||||||
32 | Surgical Treatment
Center Act;
| ||||||
33 | (b) an institution licensed under the Hospital |
| |||||||
| |||||||
1 | Licensing Act; or
| ||||||
2 | (c) an ambulatory surgical treatment center or | ||||||
3 | hospitalization or care
facility maintained by the | ||||||
4 | State or any agency thereof, where such department
or | ||||||
5 | agency has authority under law to establish and enforce | ||||||
6 | standards for the
ambulatory surgical treatment | ||||||
7 | centers, hospitalization, or care facilities
under its | ||||||
8 | management and control; or
| ||||||
9 | (d) ambulatory surgical treatment centers, | ||||||
10 | hospitalization or care
facilities maintained by the | ||||||
11 | Federal Government; or
| ||||||
12 | (e) ambulatory surgical treatment centers, | ||||||
13 | hospitalization or care
facilities maintained by any | ||||||
14 | university or college established under the laws
of | ||||||
15 | this State and supported principally by public funds | ||||||
16 | raised by
taxation.
| ||||||
17 | (2) Performance of an abortion procedure in a wilful | ||||||
18 | and wanton
manner on a
woman who was not pregnant at the | ||||||
19 | time the abortion procedure was
performed.
| ||||||
20 | (3) The conviction of a felony in this or any other
| ||||||
21 | jurisdiction, except as
otherwise provided in subsection B | ||||||
22 | of this Section, whether or not related to
practice under | ||||||
23 | this Act, or the entry of a guilty or nolo contendere plea | ||||||
24 | to a
felony charge.
| ||||||
25 | (4) Gross negligence in practice under this Act.
| ||||||
26 | (5) Engaging in dishonorable, unethical or | ||||||
27 | unprofessional
conduct of a
character likely to deceive, | ||||||
28 | defraud or harm the public.
| ||||||
29 | (6) Obtaining any fee by fraud, deceit, or
| ||||||
30 | misrepresentation.
| ||||||
31 | (7) Habitual or excessive use or abuse of drugs defined | ||||||
32 | in law
as
controlled substances, of alcohol, or of any | ||||||
33 | other substances which results in
the inability to practice | ||||||
34 | with reasonable judgment, skill or safety.
| ||||||
35 | (8) Practicing under a false or, except as provided by | ||||||
36 | law, an
assumed
name.
|
| |||||||
| |||||||
1 | (9) Fraud or misrepresentation in applying for, or | ||||||
2 | procuring, a
license
under this Act or in connection with | ||||||
3 | applying for renewal of a license under
this Act.
| ||||||
4 | (10) Making a false or misleading statement regarding | ||||||
5 | their
skill or the
efficacy or value of the medicine, | ||||||
6 | treatment, or remedy prescribed by them at
their direction | ||||||
7 | in the treatment of any disease or other condition of the | ||||||
8 | body
or mind.
| ||||||
9 | (11) Allowing another person or organization to use | ||||||
10 | their
license, procured
under this Act, to practice.
| ||||||
11 | (12) Disciplinary action of another state or | ||||||
12 | jurisdiction
against a license
or other authorization to | ||||||
13 | practice as a medical doctor, doctor of osteopathy,
doctor | ||||||
14 | of osteopathic medicine or
doctor of chiropractic, a | ||||||
15 | certified copy of the record of the action taken by
the | ||||||
16 | other state or jurisdiction being prima facie evidence | ||||||
17 | thereof.
| ||||||
18 | (13) Violation of any provision of this Act or of the | ||||||
19 | Medical
Practice Act
prior to the repeal of that Act, or | ||||||
20 | violation of the rules, or a final
administrative action of | ||||||
21 | the Director, after consideration of the
recommendation of | ||||||
22 | the Disciplinary Board.
| ||||||
23 | (14) Dividing with anyone other than physicians with | ||||||
24 | whom the
licensee
practices in a partnership, Professional | ||||||
25 | Association, limited liability
company, or Medical or | ||||||
26 | Professional
Corporation any fee, commission, rebate or | ||||||
27 | other form of compensation for any
professional services | ||||||
28 | not actually and personally rendered. Nothing contained
in | ||||||
29 | this subsection prohibits persons holding valid and | ||||||
30 | current licenses under
this Act from practicing medicine in | ||||||
31 | partnership under a partnership
agreement, including a | ||||||
32 | limited liability partnership, in a limited liability
| ||||||
33 | company under the Limited Liability Company Act, in a | ||||||
34 | corporation authorized by
the Medical Corporation Act, as | ||||||
35 | an
association authorized by the Professional Association | ||||||
36 | Act, or in a
corporation under the
Professional Corporation |
| |||||||
| |||||||
1 | Act or from pooling, sharing, dividing or
apportioning the | ||||||
2 | fees and monies received by them or by the partnership,
| ||||||
3 | corporation or association in accordance with the | ||||||
4 | partnership agreement or the
policies of the Board of | ||||||
5 | Directors of the corporation or association. Nothing
| ||||||
6 | contained in this subsection prohibits 2 or more | ||||||
7 | corporations authorized by the
Medical Corporation Act, | ||||||
8 | from forming a partnership or joint venture of such
| ||||||
9 | corporations, and providing medical, surgical and | ||||||
10 | scientific research and
knowledge by employees of these | ||||||
11 | corporations if such employees are licensed
under this Act, | ||||||
12 | or from pooling, sharing, dividing, or apportioning the | ||||||
13 | fees
and monies received by the partnership or joint | ||||||
14 | venture in accordance with the
partnership or joint venture | ||||||
15 | agreement. Nothing contained in this subsection
shall | ||||||
16 | abrogate the right of 2 or more persons, holding valid and | ||||||
17 | current
licenses under this Act, to each receive adequate | ||||||
18 | compensation for concurrently
rendering professional | ||||||
19 | services to a patient and divide a fee; provided, the
| ||||||
20 | patient has full knowledge of the division, and, provided, | ||||||
21 | that the division is
made in proportion to the services | ||||||
22 | performed and responsibility assumed by
each.
| ||||||
23 | (15) A finding by the Medical Disciplinary Board that | ||||||
24 | the
registrant after
having his or her license placed on | ||||||
25 | probationary status or subjected to
conditions or | ||||||
26 | restrictions violated the terms of the probation or failed | ||||||
27 | to
comply with such terms or conditions.
| ||||||
28 | (16) Abandonment of a patient.
| ||||||
29 | (17) Prescribing, selling, administering, | ||||||
30 | distributing, giving
or
self-administering any drug | ||||||
31 | classified as a controlled substance (designated
product) | ||||||
32 | or narcotic for other than medically accepted therapeutic
| ||||||
33 | purposes.
| ||||||
34 | (18) Promotion of the sale of drugs, devices, | ||||||
35 | appliances or
goods provided
for a patient in such manner | ||||||
36 | as to exploit the patient for financial gain of
the |
| |||||||
| |||||||
1 | physician.
| ||||||
2 | (19) Offering, undertaking or agreeing to cure or treat
| ||||||
3 | disease by a secret
method, procedure, treatment or | ||||||
4 | medicine, or the treating, operating or
prescribing for any | ||||||
5 | human condition by a method, means or procedure which the
| ||||||
6 | licensee refuses to divulge upon demand of the Department.
| ||||||
7 | (20) Immoral conduct in the commission of any act | ||||||
8 | including,
but not limited to, commission of an act of | ||||||
9 | sexual misconduct related to the
licensee's
practice.
| ||||||
10 | (21) Wilfully making or filing false records or reports | ||||||
11 | in his
or her
practice as a physician, including, but not | ||||||
12 | limited to, false records to
support claims against the | ||||||
13 | medical assistance program of the Department of
Public Aid | ||||||
14 | under the Illinois Public Aid Code.
| ||||||
15 | (22) Wilful omission to file or record, or wilfully | ||||||
16 | impeding
the filing or
recording, or inducing another | ||||||
17 | person to omit to file or record, medical
reports as | ||||||
18 | required by law, or wilfully failing to report an instance | ||||||
19 | of
suspected abuse or neglect as required by law.
| ||||||
20 | (23) Being named as a perpetrator in an indicated | ||||||
21 | report by
the Department
of Children and Family Services | ||||||
22 | under the Abused and Neglected Child Reporting
Act, and | ||||||
23 | upon proof by clear and convincing evidence that the | ||||||
24 | licensee has
caused a child to be an abused child or | ||||||
25 | neglected child as defined in the
Abused and Neglected | ||||||
26 | Child Reporting Act.
| ||||||
27 | (24) Solicitation of professional patronage by any
| ||||||
28 | corporation, agents or
persons, or profiting from those | ||||||
29 | representing themselves to be agents of the
licensee.
| ||||||
30 | (25) Gross and wilful and continued overcharging for
| ||||||
31 | professional services,
including filing false statements | ||||||
32 | for collection of fees for which services are
not rendered, | ||||||
33 | including, but not limited to, filing such false statements | ||||||
34 | for
collection of monies for services not rendered from the | ||||||
35 | medical assistance
program of the Department of Public Aid | ||||||
36 | under the Illinois Public Aid
Code.
|
| |||||||
| |||||||
1 | (26) A pattern of practice or other behavior which
| ||||||
2 | demonstrates incapacity
or incompetence to practice under | ||||||
3 | this Act.
| ||||||
4 | (27) Mental illness or disability which results in the
| ||||||
5 | inability to
practice under this Act with reasonable | ||||||
6 | judgment, skill or safety.
| ||||||
7 | (28) Physical illness, including, but not limited to,
| ||||||
8 | deterioration through
the aging process, or loss of motor | ||||||
9 | skill which results in a physician's
inability to practice | ||||||
10 | under this Act with reasonable judgment, skill or
safety.
| ||||||
11 | (29) Cheating on or attempt to subvert the licensing
| ||||||
12 | examinations
administered under this Act.
| ||||||
13 | (30) Wilfully or negligently violating the | ||||||
14 | confidentiality
between
physician and patient except as | ||||||
15 | required by law.
| ||||||
16 | (31) The use of any false, fraudulent, or deceptive | ||||||
17 | statement
in any
document connected with practice under | ||||||
18 | this Act.
| ||||||
19 | (32) Aiding and abetting an individual not licensed | ||||||
20 | under this
Act in the
practice of a profession licensed | ||||||
21 | under this Act.
| ||||||
22 | (33) Violating state or federal laws or regulations | ||||||
23 | relating
to controlled
substances.
| ||||||
24 | (34) Failure to report to the Department any adverse | ||||||
25 | final
action taken
against them by another licensing | ||||||
26 | jurisdiction (any other state or any
territory of the | ||||||
27 | United States or any foreign state or country), by any peer
| ||||||
28 | review body, by any health care institution, by any | ||||||
29 | professional society or
association related to practice | ||||||
30 | under this Act, by any governmental agency, by
any law | ||||||
31 | enforcement agency, or by any court for acts or conduct | ||||||
32 | similar to acts
or conduct which would constitute grounds | ||||||
33 | for action as defined in this
Section.
| ||||||
34 | (35) Failure to report to the Department surrender of a
| ||||||
35 | license or
authorization to practice as a medical doctor, a | ||||||
36 | doctor of osteopathy, a
doctor of osteopathic medicine, or |
| |||||||
| |||||||
1 | doctor
of chiropractic in another state or jurisdiction, or | ||||||
2 | surrender of membership on
any medical staff or in any | ||||||
3 | medical or professional association or society,
while | ||||||
4 | under disciplinary investigation by any of those | ||||||
5 | authorities or bodies,
for acts or conduct similar to acts | ||||||
6 | or conduct which would constitute grounds
for action as | ||||||
7 | defined in this Section.
| ||||||
8 | (36) Failure to report to the Department any adverse | ||||||
9 | judgment,
settlement,
or award arising from a liability | ||||||
10 | claim related to acts or conduct similar to
acts or conduct | ||||||
11 | which would constitute grounds for action as defined in | ||||||
12 | this
Section.
| ||||||
13 | (37) Failure to transfer copies of medical records as | ||||||
14 | required
by law.
| ||||||
15 | (38) Failure to furnish the Department, its | ||||||
16 | investigators or
representatives, relevant information, | ||||||
17 | legally requested by the Department
after consultation | ||||||
18 | with the Chief Medical Coordinator or the Deputy Medical
| ||||||
19 | Coordinator.
| ||||||
20 | (39) Violating the Health Care Worker Self-Referral
| ||||||
21 | Act.
| ||||||
22 | (40) Willful failure to provide notice when notice is | ||||||
23 | required
under the
Parental Notice of Abortion Act of 1995.
| ||||||
24 | (41) Failure to establish and maintain records of | ||||||
25 | patient care and
treatment as required by this law.
| ||||||
26 | (42) Entering into an excessive number of written | ||||||
27 | collaborative
agreements with licensed advanced practice | ||||||
28 | nurses resulting in an inability to
adequately collaborate | ||||||
29 | and provide medical direction.
| ||||||
30 | (43) Repeated failure to adequately collaborate with | ||||||
31 | or provide medical
direction to a licensed advanced | ||||||
32 | practice nurse.
| ||||||
33 | All proceedings to suspend,
revoke, place on probationary | ||||||
34 | status, or take any
other disciplinary action as the Department | ||||||
35 | may deem proper, with regard to a
license on any of the | ||||||
36 | foregoing grounds, must be commenced within 5
3 years next
|
| |||||||
| |||||||
1 | after receipt by the Department of a complaint alleging the | ||||||
2 | commission of or
notice of the conviction order for any of the | ||||||
3 | acts described herein. Except
for the grounds numbered (8), (9) | ||||||
4 | and (29), no action shall be commenced more
than 8
5 years | ||||||
5 | after the date of the incident or act alleged to have violated
| ||||||
6 | this Section. In the event of the settlement of any claim or | ||||||
7 | cause of action
in favor of the claimant or the reduction to | ||||||
8 | final judgment of any civil action
in favor of the plaintiff, | ||||||
9 | such claim, cause of action or civil action being
grounded on | ||||||
10 | the allegation that a person licensed under this Act was | ||||||
11 | negligent
in providing care, the Department shall have an | ||||||
12 | additional period of one year
from the date of notification to | ||||||
13 | the Department under Section 23 of this Act
of such settlement | ||||||
14 | or final judgment in which to investigate and
commence formal | ||||||
15 | disciplinary proceedings under Section 36 of this Act, except
| ||||||
16 | as otherwise provided by law. The time during which the holder | ||||||
17 | of the license
was outside the State of Illinois shall not be | ||||||
18 | included within any period of
time limiting the commencement of | ||||||
19 | disciplinary action by the Department.
| ||||||
20 | The entry of an order or judgment by any circuit court | ||||||
21 | establishing that any
person holding a license under this Act | ||||||
22 | is a person in need of mental treatment
operates as a | ||||||
23 | suspension of that license. That person may resume their
| ||||||
24 | practice only upon the entry of a Departmental order based upon | ||||||
25 | a finding by
the Medical Disciplinary Board that they have been | ||||||
26 | determined to be recovered
from mental illness by the court and | ||||||
27 | upon the Disciplinary Board's
recommendation that they be | ||||||
28 | permitted to resume their practice.
| ||||||
29 | The Department may refuse to issue or take disciplinary | ||||||
30 | action concerning the license of any person
who fails to file a | ||||||
31 | return, or to pay the tax, penalty or interest shown in a
filed | ||||||
32 | return, or to pay any final assessment of tax, penalty or | ||||||
33 | interest, as
required by any tax Act administered by the | ||||||
34 | Illinois Department of Revenue,
until such time as the | ||||||
35 | requirements of any such tax Act are satisfied as
determined by | ||||||
36 | the Illinois Department of Revenue.
|
| |||||||
| |||||||
1 | The Department, upon the recommendation of the | ||||||
2 | Disciplinary Board, shall
adopt rules which set forth standards | ||||||
3 | to be used in determining:
| ||||||
4 | (a) when a person will be deemed sufficiently | ||||||
5 | rehabilitated to warrant the
public trust;
| ||||||
6 | (b) what constitutes dishonorable, unethical or | ||||||
7 | unprofessional conduct of
a character likely to deceive, | ||||||
8 | defraud, or harm the public;
| ||||||
9 | (c) what constitutes immoral conduct in the commission | ||||||
10 | of any act,
including, but not limited to, commission of an | ||||||
11 | act of sexual misconduct
related
to the licensee's | ||||||
12 | practice; and
| ||||||
13 | (d) what constitutes gross negligence in the practice | ||||||
14 | of medicine.
| ||||||
15 | However, no such rule shall be admissible into evidence in | ||||||
16 | any civil action
except for review of a licensing or other | ||||||
17 | disciplinary action under this Act.
| ||||||
18 | In enforcing this Section, the Medical Disciplinary Board,
| ||||||
19 | upon a showing of a possible violation, may compel any | ||||||
20 | individual licensed to
practice under this Act, or who has | ||||||
21 | applied for licensure or a permit
pursuant to this Act, to | ||||||
22 | submit to a mental or physical examination, or both,
as | ||||||
23 | required by and at the expense of the Department. The examining | ||||||
24 | physician
or physicians shall be those specifically designated | ||||||
25 | by the Disciplinary Board.
The Medical Disciplinary Board or | ||||||
26 | the Department may order the examining
physician to present | ||||||
27 | testimony concerning this mental or physical examination
of the | ||||||
28 | licensee or applicant. No information shall be excluded by | ||||||
29 | reason of
any common
law or statutory privilege relating to | ||||||
30 | communication between the licensee or
applicant and
the | ||||||
31 | examining physician.
The individual to be examined may have, at | ||||||
32 | his or her own expense, another
physician of his or her choice | ||||||
33 | present during all aspects of the examination.
Failure of any | ||||||
34 | individual to submit to mental or physical examination, when
| ||||||
35 | directed, shall be grounds for suspension of his or her license | ||||||
36 | until such time
as the individual submits to the examination if |
| |||||||
| |||||||
1 | the Disciplinary Board finds,
after notice and hearing, that | ||||||
2 | the refusal to submit to the examination was
without reasonable | ||||||
3 | cause. If the Disciplinary Board finds a physician unable
to | ||||||
4 | practice because of the reasons set forth in this Section, the | ||||||
5 | Disciplinary
Board shall require such physician to submit to | ||||||
6 | care, counseling, or treatment
by physicians approved or | ||||||
7 | designated by the Disciplinary Board, as a condition
for | ||||||
8 | continued, reinstated, or renewed licensure to practice. Any | ||||||
9 | physician,
whose license was granted pursuant to Sections 9, | ||||||
10 | 17, or 19 of this Act, or,
continued, reinstated, renewed, | ||||||
11 | disciplined or supervised, subject to such
terms, conditions or | ||||||
12 | restrictions who shall fail to comply with such terms,
| ||||||
13 | conditions or restrictions, or to complete a required program | ||||||
14 | of care,
counseling, or treatment, as determined by the Chief | ||||||
15 | Medical Coordinator or
Deputy Medical Coordinators, shall be | ||||||
16 | referred to the Director for a
determination as to whether the | ||||||
17 | licensee shall have their license suspended
immediately, | ||||||
18 | pending a hearing by the Disciplinary Board. In instances in
| ||||||
19 | which the Director immediately suspends a license under this | ||||||
20 | Section, a hearing
upon such person's license must be convened | ||||||
21 | by the Disciplinary Board within 15
days after such suspension | ||||||
22 | and completed without appreciable delay. The
Disciplinary | ||||||
23 | Board shall have the authority to review the subject | ||||||
24 | physician's
record of treatment and counseling regarding the | ||||||
25 | impairment, to the extent
permitted by applicable federal | ||||||
26 | statutes and regulations safeguarding the
confidentiality of | ||||||
27 | medical records.
| ||||||
28 | An individual licensed under this Act, affected under this | ||||||
29 | Section, shall be
afforded an opportunity to demonstrate to the | ||||||
30 | Disciplinary Board that they can
resume practice in compliance | ||||||
31 | with acceptable and prevailing standards under
the provisions | ||||||
32 | of their license.
| ||||||
33 | The Department may promulgate rules for the imposition of | ||||||
34 | fines in
disciplinary cases, not to exceed $5,000 for each | ||||||
35 | violation of this Act. Fines
may be imposed in conjunction with | ||||||
36 | other forms of disciplinary action, but
shall not be the |
| |||||||
| |||||||
1 | exclusive disposition of any disciplinary action arising out
of | ||||||
2 | conduct resulting in death or injury to a patient. Any funds | ||||||
3 | collected from
such fines shall be deposited in the Medical | ||||||
4 | Disciplinary Fund.
| ||||||
5 | (B) The Department shall revoke the license or visiting
| ||||||
6 | permit of any person issued under this Act to practice medicine | ||||||
7 | or to treat
human ailments without the use of drugs and without | ||||||
8 | operative surgery, who
has been convicted a second time of | ||||||
9 | committing any felony under the
Illinois Controlled Substances | ||||||
10 | Act, or who has been convicted a second time of
committing a | ||||||
11 | Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois | ||||||
12 | Public
Aid Code. A person whose license or visiting permit is | ||||||
13 | revoked
under
this subsection B of Section 22 of this Act shall | ||||||
14 | be prohibited from practicing
medicine or treating human | ||||||
15 | ailments without the use of drugs and without
operative | ||||||
16 | surgery.
| ||||||
17 | (C) The Medical Disciplinary Board shall recommend to the
| ||||||
18 | Department civil
penalties and any other appropriate | ||||||
19 | discipline in disciplinary cases when the
Board finds that a | ||||||
20 | physician willfully performed an abortion with actual
| ||||||
21 | knowledge that the person upon whom the abortion has been | ||||||
22 | performed is a minor
or an incompetent person without notice as | ||||||
23 | required under the Parental Notice
of Abortion Act of 1995. | ||||||
24 | Upon the Board's recommendation, the Department shall
impose, | ||||||
25 | for the first violation, a civil penalty of $1,000 and for a | ||||||
26 | second or
subsequent violation, a civil penalty of $5,000.
| ||||||
27 | (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96; 89-626, | ||||||
28 | eff.
8-9-96; 89-702, eff. 7-1-97; 90-742, eff. 8-13-98.)
| ||||||
29 | Article 99.
| ||||||
30 | Section 99-1. Effective date. This Act takes effect upon | ||||||
31 | becoming law.
|