| ||||
| Public Act 097-0280 | ||||
| ||||
| ||||
AN ACT concerning regulation.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 1. Short title. This Act may be cited as the | ||||
Patients' Right to Know Act. | ||||
Section 5. Definitions. For purposes of this Act, the
| ||||
following definitions shall have the following meanings,
| ||||
except where the context requires otherwise: | ||||
"Department" means the Department of Financial and | ||||
Professional Regulation. | ||||
"Disciplinary Board" means the Medical Disciplinary
Board. | ||||
"Physician" means a person licensed under the
Medical | ||||
Practice Act to practice medicine in all of its
branches or a | ||||
chiropractic physician licensed to treat human
ailments | ||||
without the use of drugs and without
operative surgery. | ||||
"Secretary" means the Secretary of the Department of | ||||
Financial and Professional Regulation. | ||||
Section 10. Physician profiles. The Department shall make | ||||
available to the public a profile of each physician. The | ||||
Department shall make this information available through an | ||||
Internet web site and, if requested, in writing. The physician | ||||
profile shall contain the following information: | ||||
(1) the full name of the physician;
| ||
(2) a description of any criminal convictions for | ||
felonies and Class A misdemeanors, as determined by the | ||
Department, within the most recent 5 years. For the | ||
purposes of this Section, a person shall be deemed to be | ||
convicted of a crime if he or she pleaded guilty or if he | ||
was found or adjudged guilty by a court of competent | ||
jurisdiction;
| ||
(3) a description of any final Department disciplinary | ||
actions within the most recent 5 years;
| ||
(4) a description of any final disciplinary actions by | ||
licensing boards in other states within the most recent 5 | ||
years;
| ||
(5) a description of revocation or involuntary | ||
restriction of hospital privileges for reasons related to | ||
competence or character that have been taken by the | ||
hospital's governing body or any other official of the | ||
hospital after procedural due process has been afforded, or | ||
the resignation from or nonrenewal of medical staff | ||
membership or the restriction of privileges at a hospital | ||
taken in lieu of or in settlement of a pending disciplinary | ||
case related to competence or character in that hospital. | ||
Only cases which have occurred within the most recent 5 | ||
years shall be disclosed by the Department to the public;
| ||
(6) all medical malpractice court judgments and all | ||
medical malpractice arbitration awards in which a payment | ||
was awarded to a complaining party during the most recent 5 | ||
years and all settlements of medical malpractice claims in | ||
which a payment was made to a complaining party within the | ||
most recent 5 years. A medical malpractice judgment or | ||
award that has been appealed shall be identified | ||
prominently as "Under Appeal" on the profile within 20 days | ||
of formal written notice to the Department. Information | ||
concerning all settlements shall be accompanied by the | ||
following statement: "Settlement of a claim may occur for a | ||
variety of reasons which do not necessarily reflect | ||
negatively on the professional competence or conduct of the | ||
physician. A payment in settlement of a medical malpractice | ||
action or claim should not be construed as creating a | ||
presumption that medical malpractice has occurred." | ||
Nothing in this subdivision (6) shall be construed to limit | ||
or prevent the Disciplinary Board from providing further | ||
explanatory information regarding the significance of | ||
categories in which settlements are reported. Pending | ||
malpractice claims shall not be disclosed by the Department | ||
to the public. Nothing in this subdivision (6) shall be | ||
construed to prevent the Disciplinary Board from | ||
investigating and the Department from disciplining a | ||
physician on the basis of medical malpractice claims that | ||
are pending;
| ||
(7) names of medical schools attended, dates of | ||
attendance, and date of graduation;
| ||
(8) graduate medical education;
| ||
(9) specialty board certification. The toll-free | ||
number of the American Board of Medical Specialties shall | ||
be included to verify current board certification status;
| ||
(10) number of years in practice and locations;
| ||
(11) names of the hospitals where the physician has | ||
privileges;
| ||
(12) appointments to medical school faculties and | ||
indication as to whether a physician has a responsibility | ||
for graduate medical education within the most recent 5 | ||
years;
| ||
(13) information regarding publications in | ||
peer-reviewed medical literature within the most recent 5 | ||
years;
| ||
(14) information regarding professional or community | ||
service activities and awards;
| ||
(15) the location of the physician's primary practice | ||
setting;
| ||
(16) identification of any translating services that | ||
may be available at the physician's primary practice | ||
location;
and | ||
(17) an indication of whether the physician | ||
participates in the Medicaid program.
| ||
Section 15. Publication of physician's profiles. The | ||
Disciplinary Board shall provide individual physicians with a | ||
copy of their profiles prior to release to the public. A | ||
physician shall be provided 60 days to correct factual | ||
inaccuracies that appear in such profile. | ||
Section 20. Exclusion of information from physician's | ||
profiles. A physician may elect to have his or her profile | ||
omit certain information provided pursuant to subdivisions | ||
(12) through (14) of Section 10 of this Act concerning academic | ||
appointments and teaching responsibilities, publication in | ||
peer-reviewed journals and professional and community service | ||
awards. In collecting information for such profiles and in | ||
disseminating the same, the Disciplinary Board shall inform | ||
physicians that they may choose not to provide such information | ||
required pursuant to subdivisions (12) through (14) of Section | ||
10 of this Act. | ||
Section 25. Rules. The Department shall promulgate such | ||
rules as it deems necessary to accomplish the requirements of | ||
this Act, including, but not limited to, rules requiring | ||
physicians to submit the necessary information that shall be | ||
published under this Act. | ||
Section 30. Penalties. Failure to comply with this Act may | ||
be grounds for disciplinary action as provided in the Medical | ||
Practice Act of 1987. | ||
(225 ILCS 60/24.1 rep.) | ||
Section 900. The Medical Practice Act of 1987 is amended by | ||
repealing Section 24.1.
| ||
Section 999. Effective date. This Act takes effect upon | ||
becoming law.
| ||