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91_HB4075ham001
LRB9110287ACtmam
1 AMENDMENT TO HOUSE BILL 4075
2 AMENDMENT NO. ____. Amend House Bill 4075, on page 1,
3 line 1, after "by", by inserting "changing Section 23 and";
4 and
5 on page 1, line 6, after "by", by inserting "changing Section
6 23 and"; and
7 on page 1, immediately above line 7, by inserting the
8 following:
9 "(225 ILCS 60/23) (from Ch. 111, par. 4400-23)
10 Sec. 23. Reports relating to professional conduct and
11 capacity.
12 (A) Entities required to report.
13 (1) Health care institutions. The chief
14 administrator or executive officer of any health care
15 institution licensed by the Illinois Department of Public
16 Health shall report to the Disciplinary Board when any
17 person's clinical privileges are terminated or are
18 restricted based on a final determination, in accordance
19 with that institution's by-laws or rules and regulations,
20 that a person has either committed an act or acts which
21 may directly threaten patient care, and not of an
22 administrative nature, or that a person may be mentally
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1 or physically disabled in such a manner as to endanger
2 patients under that person's care. Such officer also
3 shall report if a person accepts voluntary termination or
4 restriction of clinical privileges in lieu of formal
5 action based upon conduct related directly to patient
6 care and not of an administrative nature, or in lieu of
7 formal action seeking to determine whether a person may
8 be mentally or physically disabled in such a manner as to
9 endanger patients under that person's care. The Medical
10 Disciplinary Board shall, by rule, provide for the
11 reporting to it of all instances in which a person,
12 licensed under this Act, who is impaired by reason of
13 age, drug or alcohol abuse or physical or mental
14 impairment, is under supervision and, where appropriate,
15 is in a program of rehabilitation. Such reports shall be
16 strictly confidential and may be reviewed and considered
17 only by the members of the Disciplinary Board, or by
18 authorized staff as provided by rules of the Disciplinary
19 Board. Provisions shall be made for the periodic report
20 of the status of any such person not less than twice
21 annually in order that the Disciplinary Board shall have
22 current information upon which to determine the status of
23 any such person. Such initial and periodic reports of
24 impaired physicians shall not be considered records
25 within the meaning of The State Records Act and shall be
26 disposed of, following a determination by the
27 Disciplinary Board that such reports are no longer
28 required, in a manner and at such time as the
29 Disciplinary Board shall determine by rule. The filing
30 of such reports shall be construed as the filing of a
31 report for purposes of subsection (C) of this Section.
32 (2) Professional associations. The President or
33 chief executive officer of any association or society, of
34 persons licensed under this Act, operating within this
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1 State shall report to the Disciplinary Board when the
2 association or society renders a final determination that
3 a person has committed unprofessional conduct related
4 directly to patient care or that a person may be mentally
5 or physically disabled in such a manner as to endanger
6 patients under that person's care.
7 (3) Professional liability insurers. Every
8 insurance company which offers policies of professional
9 liability insurance to persons licensed under this Act,
10 or any other entity which seeks to indemnify the
11 professional liability of a person licensed under this
12 Act, shall report to the Disciplinary Board the
13 settlement of any claim or cause of action, or final
14 judgment rendered in any cause of action, which alleged
15 negligence in the furnishing of medical care by such
16 licensed person when such settlement or final judgment is
17 in favor of the plaintiff.
18 (4) State's Attorneys. The State's Attorney of
19 each county shall report to the Disciplinary Board all
20 instances in which a person licensed under this Act is
21 convicted or otherwise found guilty of the commission of
22 any felony. The State's Attorney of each county may
23 report to the Disciplinary Board through a verified
24 complaint any instance in which the State's Attorney
25 believes that a physician has willfully violated the
26 notice requirements of the Parental Notice of Abortion
27 Act of 1995.
28 (5) State agencies. All agencies, boards,
29 commissions, departments, or other instrumentalities of
30 the government of the State of Illinois shall report to
31 the Disciplinary Board any instance arising in connection
32 with the operations of such agency, including the
33 administration of any law by such agency, in which a
34 person licensed under this Act has either committed an
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1 act or acts which may be a violation of this Act or which
2 may constitute unprofessional conduct related directly to
3 patient care or which indicates that a person licensed
4 under this Act may be mentally or physically disabled in
5 such a manner as to endanger patients under that person's
6 care.
7 (B) Mandatory reporting. All reports required by items
8 (34), (35), and (36) of subsection (A) of Section 22 and by
9 Section 23 shall be submitted to the Disciplinary Board in a
10 timely fashion. The reports shall be filed in writing within
11 60 days after a determination that a report is required under
12 this Act. All reports shall contain the following
13 information:
14 (1) The name, address and telephone number of the
15 person making the report.
16 (2) The name, address and telephone number of the
17 person who is the subject of the report.
18 (3) The name or other means of identification of
19 any patient or patients whose treatment is a subject of
20 the report, provided, however, no medical records may be
21 revealed without the written consent of the patient or
22 patients.
23 (4) A brief description of the facts which gave
24 rise to the issuance of the report, including the dates
25 of any occurrences deemed to necessitate the filing of
26 the report.
27 (5) If court action is involved, the identity of
28 the court in which the action is filed, along with the
29 docket number and date of filing of the action.
30 (6) Any further pertinent information which the
31 reporting party deems to be an aid in the evaluation of
32 the report.
33 The Department shall have the right to inform patients of
34 the right to provide written consent for the Department to
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1 obtain copies of hospital and medical records. The
2 Disciplinary Board or Department may exercise the power under
3 Section 38 of this Act to subpoena copies of hospital or
4 medical records in mandatory report cases alleging death or
5 permanent bodily injury when consent to obtain records is not
6 provided by a patient or legal representative. Appropriate
7 rules shall be adopted by the Department with the approval of
8 the Disciplinary Board.
9 When the Department has received written reports
10 concerning incidents required to be reported in items (34),
11 (35), and (36) of subsection (A) of Section 22, the
12 licensee's failure to report the incident to the Department
13 under those items shall not be the sole grounds for
14 disciplinary action.
15 Nothing contained in this Section shall act to in any
16 way, waive or modify the confidentiality of medical reports
17 and committee reports to the extent provided by law. Except
18 for information required for physician profiles under Section
19 23.1 of this Act, any information reported or disclosed shall
20 be kept for the confidential use of the Disciplinary Board,
21 the Medical Coordinators, the Disciplinary Board's attorneys,
22 the medical investigative staff, and authorized clerical
23 staff, as provided in this Act, and shall be afforded the
24 same status as is provided information concerning medical
25 studies in Part 21 of Article VIII of the Code of Civil
26 Procedure.
27 (C) Immunity from prosecution. Any individual or
28 organization acting in good faith, and not in a wilful and
29 wanton manner, in complying with this Act by providing any
30 report or other information to the Disciplinary Board, or
31 assisting in the investigation or preparation of such
32 information, or by participating in proceedings of the
33 Disciplinary Board, or by serving as a member of the
34 Disciplinary Board, shall not, as a result of such actions,
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1 be subject to criminal prosecution or civil damages.
2 (D) Indemnification. Members of the Disciplinary Board,
3 the Medical Coordinators, the Disciplinary Board's attorneys,
4 the medical investigative staff, physicians retained under
5 contract to assist and advise the medical coordinators in the
6 investigation, and authorized clerical staff shall be
7 indemnified by the State for any actions occurring within the
8 scope of services on the Disciplinary Board, done in good
9 faith and not wilful and wanton in nature. The Attorney
10 General shall defend all such actions unless he or she
11 determines either that there would be a conflict of interest
12 in such representation or that the actions complained of were
13 not in good faith or were wilful and wanton.
14 Should the Attorney General decline representation, the
15 member shall have the right to employ counsel of his or her
16 choice, whose fees shall be provided by the State, after
17 approval by the Attorney General, unless there is a
18 determination by a court that the member's actions were not
19 in good faith or were wilful and wanton.
20 The member must notify the Attorney General within 7 days
21 of receipt of notice of the initiation of any action
22 involving services of the Disciplinary Board. Failure to so
23 notify the Attorney General shall constitute an absolute
24 waiver of the right to a defense and indemnification.
25 The Attorney General shall determine within 7 days after
26 receiving such notice, whether he or she will undertake to
27 represent the member.
28 (E) Deliberations of Disciplinary Board. Upon the
29 receipt of any report called for by this Act, other than
30 those reports of impaired persons licensed under this Act
31 required pursuant to the rules of the Disciplinary Board, the
32 Disciplinary Board shall notify in writing, by certified
33 mail, the person who is the subject of the report. Such
34 notification shall be made within 30 days of receipt by the
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1 Disciplinary Board of the report.
2 The notification shall include a written notice setting
3 forth the person's right to examine the report. Included in
4 such notification shall be the address at which the file is
5 maintained, the name of the custodian of the reports, and the
6 telephone number at which the custodian may be reached. The
7 person who is the subject of the report shall submit a
8 written statement responding, clarifying, adding to, or
9 proposing the amending of the report previously filed. The
10 statement shall become a permanent part of the file and must
11 be received by the Disciplinary Board no more than 60 days
12 after the date on which the person was notified by the
13 Disciplinary Board of the existence of the original report.
14 The Disciplinary Board shall review all reports received
15 by it, together with any supporting information and
16 responding statements submitted by persons who are the
17 subject of reports. The review by the Disciplinary Board
18 shall be in a timely manner but in no event, shall the
19 Disciplinary Board's initial review of the material contained
20 in each disciplinary file be less than 61 days nor more than
21 180 days after the receipt of the initial report by the
22 Disciplinary Board.
23 When the Disciplinary Board makes its initial review of
24 the materials contained within its disciplinary files, the
25 Disciplinary Board shall, in writing, make a determination as
26 to whether there are sufficient facts to warrant further
27 investigation or action. Failure to make such determination
28 within the time provided shall be deemed to be a
29 determination that there are not sufficient facts to warrant
30 further investigation or action.
31 Should the Disciplinary Board find that there are not
32 sufficient facts to warrant further investigation, or action,
33 the report shall be accepted for filing and the matter shall
34 be deemed closed and so reported to the Director. The
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1 Director shall then have 30 days to accept the Medical
2 Disciplinary Board's decision or request further
3 investigation. The Director shall inform the Board in
4 writing of the decision to request further investigation,
5 including the specific reasons for the decision. The
6 individual or entity filing the original report or complaint
7 and the person who is the subject of the report or complaint
8 shall be notified in writing by the Director of any final
9 action on their report or complaint.
10 (F) Summary reports. The Disciplinary Board shall
11 prepare, on a timely basis, but in no event less than one
12 every other month, a summary report of final actions taken
13 upon disciplinary files maintained by the Disciplinary Board.
14 The summary reports shall be sent by the Disciplinary Board
15 to every health care facility licensed by the Illinois
16 Department of Public Health, every professional association
17 and society of persons licensed under this Act functioning on
18 a statewide basis in this State, the American Medical
19 Association, the American Osteopathic Association, the
20 American Chiropractic Association, all insurers providing
21 professional liability insurance to persons licensed under
22 this Act in the State of Illinois, the Federation of State
23 Medical Licensing Boards, and the Illinois Pharmacists
24 Association.
25 (G) Any violation of this Section shall be a Class A
26 misdemeanor.
27 (H) If any such person violates the provisions of this
28 Section an action may be brought in the name of the People of
29 the State of Illinois, through the Attorney General of the
30 State of Illinois, for an order enjoining such violation or
31 for an order enforcing compliance with this Section. Upon
32 filing of a verified petition in such court, the court may
33 issue a temporary restraining order without notice or bond
34 and may preliminarily or permanently enjoin such violation,
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1 and if it is established that such person has violated or is
2 violating the injunction, the court may punish the offender
3 for contempt of court. Proceedings under this paragraph
4 shall be in addition to, and not in lieu of, all other
5 remedies and penalties provided for by this Section.
6 (Source: P.A. 89-18, eff. 6-1-95; 89-702, eff. 7-1-97;
7 90-699, eff. 1-1-99.)"; and
8 on page 5, line 11, by replacing "implemented; and" with
9 "implemented;"; and
10 on page 5, line 14, by replacing "regularly." with
11 "regularly; and"; and
12 on page 5, immediately below line 14, by inserting the
13 following:
14 "(11) only the most basic identifying information
15 from mandatory reports may be used, and details about a
16 patient or personal details about a physician not already
17 a matter of public record through another source must not
18 be released.".