HB4847sam005 93RD GENERAL ASSEMBLY

Sen. William R. Haine

Filed: 5/31/2004

09300HB4847sam005 LRB093 14813 WGH 51983 a

AMENDMENT TO HOUSE BILL 4847

AMENDMENT NO. ______. Amend House Bill 4847 by replacing everything after the enacting clause with the following:

"ARTICLE 1. FINDINGS

11		Section 405. Sorry Works! pilot program. The Sorry Works!
12		pilot program is established. During the first year of the
13		program's operation, participation in the program shall be open
14		to one hospital. Hospitals may participate only with the
15		approval of the hospital administration and the hospital's
16		organized medical staff. During the second year of the
17		program's operation, participation in the program shall be open
18		to one additional hospital.
19		The first participating hospital selected by the committee
20		established under Section 410 shall be located in a county with
21		a population greater than 200,000 that is contiguous with the
22		Mississippi River.
23		Under the program, participating hospitals and physicians
24		shall promptly acknowledge and apologize for mistakes in
25		patient care and promptly offer fair settlements.
26		Participating hospitals shall encourage patients and families
27		to retain their own legal counsel to ensure that their rights
28		are protected and to help facilitate negotiations for fair
29		settlements. Participating hospitals shall report to the
30		committee their total costs for healing art malpractice
31		verdicts, settlements, and defense litigation for the

1		preceding 5 years to enable the committee to determine average
2		costs for that hospital during that period. The committee shall
3		develop standards and protocols to compare costs for cases
4		handled by traditional means and cases handled under the Sorry
5		Works! protocol.
6		If the committee determines that the total costs of cases
7		handled under the Sorry Works! protocol by a hospital
8		participating in the program exceed the total costs that would
9		have been incurred if the cases had been handled by traditional
10		means, the hospital may apply for a grant from the Sorry Works!
11		Fund, a special fund that is created in the State Treasury, for
12		an amount, as determined by the committee, by which the total
13		costs exceed the total costs that would have been incurred if
14		the cases had been handled by traditional means; however, the
15		total of all grants from the Fund for cases in any single
16		participating hospital in any year may not exceed the amount in
17		the Fund or $2,000,000, whichever is less. All grants shall be
18		subject to appropriation. Moneys in the Fund shall consist of
19		funds transferred into the Fund or otherwise made available
20		from any source.

7

ARTICLE 2. RISK RETENTION ARRANGEMENTS

18		Section 201. Findings and purpose.
19		(a) In order to provide an alternative to the private
20		insurance market to cover medical malpractice risks, it is the
21		finding of the General Assembly that counties in the State may
22		find it necessary to seek to protect the public health, safety,
23		and welfare by providing an alternative source of insurance or
24		self-insurance for physicians practicing medicine and their
25		personnel within that county, and that providing such an
26		alternative source is in the public interest and serves a
27		public purpose.
28		(b) A program to provide a stable and ongoing source of
29		professional liability coverage for physicians and their
30		personnel through an insurance or self-insurance trust, under
31		the direction and control of a county or counties, will operate
32		for the protection of the public health, safety, and welfare

1		and serve a paramount public interest and purpose of the county
2		or counties.

3		Section 205. The Open Meetings Act is amended by changing
4		Section 2 as follows:
5		(5 ILCS 120/2) (from Ch. 102, par. 42)
6		Sec. 2. Open meetings.
7		(a) Openness required. All meetings of public bodies shall
8		be open to the public unless excepted in subsection (c) and
9		closed in accordance with Section 2a.
10		(b) Construction of exceptions. The exceptions contained
11		in subsection (c) are in derogation of the requirement that
12		public bodies meet in the open, and therefore, the exceptions
13		are to be strictly construed, extending only to subjects
14		clearly within their scope. The exceptions authorize but do not
15		require the holding of a closed meeting to discuss a subject
16		included within an enumerated exception.
17		(c) Exceptions. A public body may hold closed meetings to
18		consider the following subjects:
19		(1) The appointment, employment, compensation,
20		discipline, performance, or dismissal of specific
21		employees of the public body or legal counsel for the
22		public body, including hearing testimony on a complaint
23		lodged against an employee of the public body or against
24		legal counsel for the public body to determine its
25		validity.
26		(2) Collective negotiating matters between the public
27		body and its employees or their representatives, or
28		deliberations concerning salary schedules for one or more
29		classes of employees.
30		(3) The selection of a person to fill a public office,
31		as defined in this Act, including a vacancy in a public
32		office, when the public body is given power to appoint

1		under law or ordinance, or the discipline, performance or
2		removal of the occupant of a public office, when the public
3		body is given power to remove the occupant under law or
4		ordinance.
5		(4) Evidence or testimony presented in open hearing, or
6		in closed hearing where specifically authorized by law, to
7		a quasi-adjudicative body, as defined in this Act, provided
8		that the body prepares and makes available for public
9		inspection a written decision setting forth its
10		determinative reasoning.
11		(5) The purchase or lease of real property for the use
12		of the public body, including meetings held for the purpose
13		of discussing whether a particular parcel should be
14		acquired.
15		(6) The setting of a price for sale or lease of
16		property owned by the public body.
17		(7) The sale or purchase of securities, investments, or
18		investment contracts.
19		(8) Security procedures and the use of personnel and
20		equipment to respond to an actual, a threatened, or a
21		reasonably potential danger to the safety of employees,
22		students, staff, the public, or public property.
23		(9) Student disciplinary cases.
24		(10) The placement of individual students in special
25		education programs and other matters relating to
26		individual students.
27		(11) Litigation, when an action against, affecting or
28		on behalf of the particular public body has been filed and
29		is pending before a court or administrative tribunal, or
30		when the public body finds that an action is probable or
31		imminent, in which case the basis for the finding shall be
32		recorded and entered into the minutes of the closed
33		meeting.
34		(12) The establishment of reserves or settlement of

1		claims as provided in the Local Governmental and
2		Governmental Employees Tort Immunity Act, if otherwise the
3		disposition of a claim or potential claim might be
4		prejudiced, or the review or discussion of claims, loss or
5		risk management information, records, data, advice or
6		communications from or with respect to any insurer of the
7		public body or any intergovernmental risk management
8		association or self insurance pool of which the public body
9		is a member.
10		(13) Conciliation of complaints of discrimination in
11		the sale or rental of housing, when closed meetings are
12		authorized by the law or ordinance prescribing fair housing
13		practices and creating a commission or administrative
14		agency for their enforcement.
15		(14) Informant sources, the hiring or assignment of
16		undercover personnel or equipment, or ongoing, prior or
17		future criminal investigations, when discussed by a public
18		body with criminal investigatory responsibilities.
19		(15) Professional ethics or performance when
20		considered by an advisory body appointed to advise a
21		licensing or regulatory agency on matters germane to the
22		advisory body's field of competence.
23		(16) Self evaluation, practices and procedures or
24		professional ethics, when meeting with a representative of
25		a statewide association of which the public body is a
26		member.
27		(17) The recruitment, credentialing, discipline or
28		formal peer review of physicians or other health care
29		professionals for a hospital, or other institution
30		providing medical care, that is operated by the public
31		body.
32		(18) Deliberations for decisions of the Prisoner
33		Review Board.
34		(19) Review or discussion of applications received

1		under the Experimental Organ Transplantation Procedures
2		Act.
3		(20) The classification and discussion of matters
4		classified as confidential or continued confidential by
5		the State Employees Suggestion Award Board.
6		(21) Discussion of minutes of meetings lawfully closed
7		under this Act, whether for purposes of approval by the
8		body of the minutes or semi-annual review of the minutes as
9		mandated by Section 2.06.
10		(22) Deliberations for decisions of the State
11		Emergency Medical Services Disciplinary Review Board.
12		(23) The operation by a municipality of a municipal
13		utility or the operation of a municipal power agency or
14		municipal natural gas agency when the discussion involves
15		(i) contracts relating to the purchase, sale, or delivery
16		of electricity or natural gas or (ii) the results or
17		conclusions of load forecast studies.
18		(24) Meetings of a residential health care facility
19		resident sexual assault and death review team or the
20		Residential Health Care Facility Resident Sexual Assault
21		and Death Review Teams Executive Council under the
22		Residential Health Care Facility Resident Sexual Assault
23		and Death Review Team Act.
24		(25) The establishment of reserves administration,
25		adjudication, or settlement of claims as provided in
26		Article XLV of the Illinois Insurance Code if otherwise the
27		disposition of a claim or potential claim might be
28		prejudiced, or the review or discussion of claims, loss or
29		risk management information, records, data, advice or
30		communications from or with respect to any self-insurance
31		trust administration or adjudication of any claim, or
32		insurer created by the public body.
33		(d) Definitions. For purposes of this Section:
34		"Employee" means a person employed by a public body whose

1		relationship with the public body constitutes an
2		employer-employee relationship under the usual common law
3		rules, and who is not an independent contractor.
4		"Public office" means a position created by or under the
5		Constitution or laws of this State, the occupant of which is
6		charged with the exercise of some portion of the sovereign
7		power of this State. The term "public office" shall include
8		members of the public body, but it shall not include
9		organizational positions filled by members thereof, whether
10		established by law or by a public body itself, that exist to
11		assist the body in the conduct of its business.
12		"Quasi-adjudicative body" means an administrative body
13		charged by law or ordinance with the responsibility to conduct
14		hearings, receive evidence or testimony and make
15		determinations based thereon, but does not include local
16		electoral boards when such bodies are considering petition
17		challenges.
18		(e) Final action. No final action may be taken at a closed
19		meeting. Final action shall be preceded by a public recital of
20		the nature of the matter being considered and other information
21		that will inform the public of the business being conducted.
22		(Source: P.A. 93-57, eff. 7-1-03; 93-79, eff. 7-2-03; 93-422,
23		eff. 8-5-03; 93-577, eff. 8-21-03; revised 9-8-03)

24		Section 210. The Counties Code is amended by changing
25		Section 5-1005 and by adding Division 6-34 as follows:
26		(55 ILCS 5/5-1005) (from Ch. 34, par. 5-1005)
27		Sec. 5-1005. Powers. Each county shall have power:
28		1. To purchase and hold the real and personal estate
29		necessary for the uses of the county, and to purchase and hold,
30		for the benefit of the county, real estate sold by virtue of
31		judicial proceedings in which the county is plaintiff.
32		2. To sell and convey or lease any real or personal estate

1		owned by the county.
2		3. To make all contracts and do all other acts in relation
3		to the property and concerns of the county necessary to the
4		exercise of its corporate powers.
5		4. To take all necessary measures and institute proceedings
6		to enforce all laws for the prevention of cruelty to animals.
7		5. To purchase and hold or lease real estate upon which may
8		be erected and maintained buildings to be utilized for purposes
9		of agricultural experiments and to purchase, hold and use
10		personal property for the care and maintenance of such real
11		estate in connection with such experimental purposes.
12		6. To cause to be erected, or otherwise provided, suitable
13		buildings for, and maintain a county hospital and necessary
14		branch hospitals and/or a county sheltered care home or county
15		nursing home for the care of such sick, chronically ill or
16		infirm persons as may by law be proper charges upon the county,
17		or upon other governmental units, and to provide for the
18		management of the same. The county board may establish rates to
19		be paid by persons seeking care and treatment in such hospital
20		or home in accordance with their financial ability to meet such
21		charges, either personally or through a hospital plan or
22		hospital insurance, and the rates to be paid by governmental
23		units, including the State, for the care of sick, chronically
24		ill or infirm persons admitted therein upon the request of such
25		governmental units. Any hospital maintained by a county under
26		this Section is authorized to provide any service and enter
27		into any contract or other arrangement not prohibited for a
28		hospital that is licensed under the Hospital Licensing Act,
29		incorporated under the General Not-For-Profit Corporation Act,
30		and exempt from taxation under paragraph (3) of subsection (c)
31		of Section 501 of the Internal Revenue Code.
32		7. To contribute such sums of money toward erecting,
33		building, maintaining, and supporting any non-sectarian public
34		hospital located within its limits as the county board of the

1		county shall deem proper.
2		8. To purchase and hold real estate for the preservation of
3		forests, prairies and other natural areas and to maintain and
4		regulate the use thereof.
5		9. To purchase and hold real estate for the purpose of
6		preserving historical spots in the county, to restore, maintain
7		and regulate the use thereof and to donate any historical spot
8		to the State.
9		10. To appropriate funds from the county treasury to be
10		used in any manner to be determined by the board for the
11		suppression, eradication and control of tuberculosis among
12		domestic cattle in such county.
13		11. To take all necessary measures to prevent forest fires
14		and encourage the maintenance and planting of trees and the
15		preservation of forests.
16		12. To authorize the closing on Saturday mornings of all
17		offices of all county officers at the county seat of each
18		county, and to otherwise regulate and fix the days and the
19		hours of opening and closing of such offices, except when the
20		days and the hours of opening and closing of the office of any
21		county officer are otherwise fixed by law; but the power herein
22		conferred shall not apply to the office of State's Attorney and
23		the offices of judges and clerks of courts and, in counties of
24		500,000 or more population, the offices of county clerk.
25		13. To provide for the conservation, preservation and
26		propagation of insectivorous birds through the expenditure of
27		funds provided for such purpose.
28		14. To appropriate funds from the county treasury and
29		expend the same for care and treatment of tuberculosis
30		residents.
31		15. In counties having less than 1,000,000 inhabitants, to
32		take all necessary or proper steps for the extermination of
33		mosquitoes, flies or other insects within the county.
34		16. To install an adequate system of accounts and financial

1		records in the offices and divisions of the county, suitable to
2		the needs of the office and in accordance with generally
3		accepted principles of accounting for governmental bodies,
4		which system may include such reports as the county board may
5		determine.
6		17. To purchase and hold real estate for the construction
7		and maintenance of motor vehicle parking facilities for persons
8		using county buildings, but the purchase and use of such real
9		estate shall not be for revenue producing purposes.
10		18. To acquire and hold title to real property located
11		within the county, or partly within and partly outside the
12		county by dedication, purchase, gift, legacy or lease, for park
13		and recreational purposes and to charge reasonable fees for the
14		use of or admission to any such park or recreational area and
15		to provide police protection for such park or recreational
16		area. Personnel employed to provide such police protection
17		shall be conservators of the peace within such park or
18		recreational area and shall have power to make arrests on view
19		of the offense or upon warrants for violation of any of the
20		ordinances governing such park or recreational area or for any
21		breach of the peace in the same manner as the police in
22		municipalities organized and existing under the general laws of
23		the State. All such real property outside the county shall be
24		contiguous to the county and within the boundaries of the State
25		of Illinois.
26		19. To appropriate funds from the county treasury to be
27		used to provide supportive social services designed to prevent
28		the unnecessary institutionalization of elderly residents, or,
29		for operation of, and equipment for, senior citizen centers
30		providing social services to elderly residents.
31		20. To appropriate funds from the county treasury and loan
32		such funds to a county water commission created under the
33		"Water Commission Act", approved June 30, 1984, as now or
34		hereafter amended, in such amounts and upon such terms as the

1		county may determine or the county and the commission may
2		agree. The county shall not under any circumstances be
3		obligated to make such loans. The county shall not be required
4		to charge interest on any such loans.
5		21. To establish an independent entity to administer a
6		medical care risk retention trust program, to contribute such
7		sums of money to the risk retention trust program as the county
8		board of the county shall deem proper to operate the medical
9		care risk retention trust program, to establish uniform
10		eligibility requirements for participation in the risk
11		retention trust program, to appoint an administrator of the
12		risk retention trust program, to charge premiums, to establish
13		a billing procedure to collect premiums, and to ensure timely
14		administration and adjudication of claims under the program. A
15		single medical care risk retention trust program may be
16		established jointly by more than one county, in accordance with
17		an agreement between the participating counties, if at least
18		one of the participating counties has a population of 200,000
19		or more according to the most recent federal decennial census.
20		All contracts for the purchase of coal under this Section
21		shall be subject to the provisions of "An Act concerning the
22		use of Illinois mined coal in certain plants and institutions",
23		filed July 13, 1937, as amended.
24		(Source: P.A. 86-962; 86-1028.)
25		(55 ILCS 5/Div. 6-34 heading new)
26		Division 6-34. Funding for health care financing programs
27		(55 ILCS 5/6-34001 new)
28		Sec. 6-34001. Authorization. The county board of any county
29		with a population of 200,000 or more according to the most
30		recent federal decennial census (and a county with a population
31		of less than 200,000 according to the most recent federal
32		decennial census if that county is participating in a single

1		trust program with one or more other counties in accordance
2		with the requirements of paragraph (21) of Section 5-1005 of
3		this Code) may, upon finding such action necessary for
4		protection of the public health, safety, and welfare, incur an
5		indebtedness by the establishment of lines or letters of credit
6		or issue general obligation or revenue bonds for the purpose of
7		ensuring the availability of and improving hospital, medical,
8		and health services as authorized under paragraph (21) of
9		Section 5-1005 of this Code.
10		(55 ILCS 5/6-34002 new)
11		Sec. 6-34002. Bonds. The bonds authorized in Section
12		6-34001 shall be issued in such denominations, be for such term
13		or terms, and bear interest at such rate as may be specified in
14		the resolution of the county board authorizing the issuance of
15		those bonds.

16		Section 215. The Illinois Insurance Code is amended by
17		adding Article XLV as follows:
18		(215 ILCS 5/Art. XLV heading new)
19		Article XLV. COUNTY RISK RETENTION ARRANGEMENTS
20		FOR THE PROVISION OF MEDICAL MALPRACTICE INSURANCE
21		(215 ILCS 5/1501 new)
22		Sec. 1501. Scope of Article. This Article applies only to
23		trusts sponsored by counties and organized under this Article
24		to provide medical malpractice insurance authorized under
25		paragraph (21) of Section 5-1005 of the Counties Code for
26		physicians and health care professionals providing medical
27		care and health care within the county's limits. In the case of
28		a single trust sponsored and organized by more than one county
29		in accordance with the requirements of paragraph (21) of
30		Section 5-1005 of the Counties Code, the powers and duties of a

1		county under this Article shall be exercised jointly by the
2		counties participating in the trust program in accordance with
3		the agreement between the counties.
4		(215 ILCS 5/1502 new)
5		Sec. 1502. Definitions. As used in this Article:
6		"Risk retention trust" or "trust" means a risk retention
7		trust created under this Article.
8		"Trust sponsor" means a county that has created a risk
9		retention trust.
10		"Pool retention fund" means a separate fund maintained for
11		payment of first dollar claims, up to a specified amount per
12		claim ("specific retention") and up to an aggregate amount for
13		a 12-month period ("aggregate retention").
14		"Contingency reserve fund" means a separate fund
15		maintained for payment of claims in excess of the pool
16		retention fund amount.
17		"Coverage grant" means the document describing specific
18		coverages and terms of coverage that are provided by a risk
19		retention trust created under this Article.
20		"Licensed service company" means an entity licensed by the
21		Department to perform claims adjusting, loss control, and data
22		processing.
23		(215 ILCS 5/1503 new)
24		Sec. 1503. Name. The corporate name of any risk retention
25		trust shall not be the same as or deceptively similar to the
26		name of any domestic insurance company or of any foreign or
27		alien insurance company authorized to transact business in this
28		State.
29		(215 ILCS 5/1504 new)
30		Sec. 1504. Principal office place of business. The
31		principal office of any risk retention trust shall be located

1		in this State.
2		(215 ILCS 5/1505 new)
3		Sec. 1505. Creation.
4		(1) Any county with a population of 200,000 or more
5		according to the most recent federal decennial census may
6		create a risk retention trust for the pooling of risks to
7		provide professional liability coverage authorized under
8		paragraph (21) of Section 5-1005 of the Counties Code for its
9		physicians and health care professionals providing medical
10		care and related health care within the county's limits. A
11		single risk retention trust may also be created jointly by more
12		than one county in accordance with the requirements of
13		paragraph (21) of Section 5-1005 of the Counties Code. A trust
14		shall be administered by at least 3 trustees who may be
15		individuals or corporate trustees and are appointed by the
16		trust sponsor and who represent physicians who have agreed in
17		writing to participate in the trust.
18		(2) The trustees shall appoint a qualified licensed
19		administrator who shall administer the affairs of the risk
20		retention trust.
21		(3) The trustees shall retain a licensed service company to
22		perform claims adjusting, loss control, and data processing and
23		any other delegated administrative duties.
24		(4) The trust sponsor, the trustees, and the trust
25		administrator shall be fiduciaries of the trust.
26		(5) A trust shall be consummated by a written trust
27		agreement and shall be subject to the laws of this State
28		governing the creation and operation of trusts, to the extent
29		not inconsistent with this Article.
30		(215 ILCS 5/1506 new)
31		Sec. 1506. Participation.
32		(1) A physician or health care professional providing

1		medical care and related health care within the county's limits
2		may participate in a risk retention trust if the physician or
3		health care professional:
4		(a) meets the underwriting standards for acceptance
5		into the trust;
6		(b) files a written application for coverage, agreeing
7		to meet all of the membership conditions of the trust;
8		(c) provides medical care and related health care in
9		the county sponsoring the trust;
10		(d) agrees to meet the ongoing loss control provisions
11		and risk pooling arrangements set forth by the trust;
12		(e) pays premium contributions on a timely basis as
13		required; and
14		(f) pays predetermined annual required contributions
15		into the contingency reserve fund.
16		(2) A physician or health care professional accepted for
17		trust membership and participating in the trust is liable for
18		payment to the trust of the amount of his or her annual premium
19		contribution and his or her annual predetermined contingency
20		reserve fund contribution.
21		(215 ILCS 5/1507 new)
22		Sec. 1507. Coverage grants; payment of claims.
23		(1) A risk retention trust may not issue coverage grants
24		until it has established a contingency reserve fund in an
25		amount deemed appropriate by the trust and filed with the
26		Department of Insurance. A risk retention trust must have and
27		at all times maintain a pool retention fund or a line or letter
28		of credit at least equal to its unpaid liabilities as
29		determined by an independent actuary.
30		(2) Every coverage grant issued or delivered in this State
31		by a risk retention trust shall provide for the extent of the
32		liability of trust members to the extent that funds are needed
33		to pay a member's share of the depleted contingency reserve

1		fund needed to maintain the reserves required by this Section.
2		(3) All claims shall be paid first from the pool retention
3		fund. If that fund becomes depleted, any additional claims
4		shall be paid from the contingency reserve fund.
5		(215 ILCS 5/1508 new)
6		Sec. 1508. Applicable Illinois Insurance Code provisions.
7		Other than this Article, only Sections 155.19, 155.20, and
8		155.25 and subsections (a) through (c) of Section 155.18 of
9		this Code shall apply to county risk retention trusts. The
10		Director shall advise the county board of any determinations
11		made pursuant to subsection (b) of Section 155.18 of this Code.
12		(215 ILCS 5/1509 new)
13		Sec. 1509. Authorized investments. In addition to other
14		investments authorized by law, a risk retention trust with
15		assets of at least $5,000,000 may invest in any combination of
16		the following:
17		(1) the common stocks listed on a recognized exchange
18		or market;
19		(2) stock and convertible debt investments, or
20		investment grade corporate bonds, in or issued by any
21		corporation, the book value of which may not exceed 5% of
22		the total intergovernmental risk management entity's
23		investment account at book value in which those securities
24		are held, determined as of the date of the investment,
25		provided that investments in the stock of any one
26		corporation may not exceed 5% of the total outstanding
27		stock of the corporation and that the investments in the
28		convertible debt of any one corporation may not exceed 5%
29		of the total amount of such debt that may be outstanding;
30		(3) the straight preferred stocks or convertible
31		preferred stocks and convertible debt securities issued or
32		guaranteed by a corporation whose common stock is listed on

1		a recognized exchange or market;
2		(4) mutual funds or commingled funds that meet the
3		following requirements:
4		(A) the mutual fund or commingled fund is managed
5		by an investment company as defined in and registered
6		under the federal Investment Company Act of 1940 and
7		registered under the Illinois Securities Law of 1953 or
8		an investment adviser as defined under the federal
9		Investment Advisers Act of 1940;
10		(B) the mutual fund has been in operation for at
11		least 5 years; and
12		(C) the mutual fund has total net assets of
13		$150,000,000 or more;
14		(5) commercial grade real estate located in the State
15		of Illinois.
16		Any investment adviser retained by a trust must be a
17		fiduciary who has the power to manage, acquire, or dispose of
18		any asset of the trust and has acknowledged in writing that he
19		or she is a fiduciary with respect to the trust and that he or
20		she will adhere to all of the guidelines of the trust and is
21		one or more of the following:
22		(i) registered as an investment adviser under the
23		federal Investment Advisers Act of 1940;
24		(ii) registered as an investment adviser under the
25		Illinois Securities Law of 1953;
26		(iii) a bank as defined in the federal Investment
27		Advisers Act of 1940;
28		(iv) an insurance company authorized to transact
29		business in this State.
30		Nothing in this Section shall be construed to authorize a
31		risk retention trust to accept the deposit of public funds
32		except for trust risk retention purposes.

33

Section 220. The Local Governmental and Governmental

1		Employees Tort Immunity Act is amended by adding Section 6-111
2		as follows:
3		(745 ILCS 10/6-111 new)
4		Sec. 6-111. Medical care risk retention program. Neither a
5		local public entity nor a public employee is liable for an
6		injury resulting from the policy decision to establish a
7		medical care risk retention trust or from the operation,
8		management, or administration of, or payment of claims pursuant
9		to, a medical care risk retention trust under paragraph (21) of
10		Section 5-1005 of the Counties Code, unless the local public
11		entity or public employee is guilty of willful and wanton
12		conduct.

ARTICLE 3. AMENDATORY PROVISIONS

14		Section 301. The Regulatory Sunset Act is amended by
15		changing Section 4.17 and adding Section 4.25 as follows:
16		(5 ILCS 80/4.17)
17		Sec. 4.17. Acts repealed on January 1, 2007. The following
18		are repealed on January 1, 2007:
19		The Boiler and Pressure Vessel Repairer Regulation
20		Act.
21		The Structural Pest Control Act.
22		Articles II, III, IV, V, V 1/2, VI, VIIA, VIIB, VIIC,
23		XVII, XXXI, XXXI 1/4, and XXXI 3/4 of the Illinois
24		Insurance Code.
25		The Clinical Psychologist Licensing Act.
26		The Illinois Optometric Practice Act of 1987.
27		The Medical Practice Act of 1987.
28		The Environmental Health Practitioner Licensing Act.
29		(Source: P.A. 92-837, eff. 8-22-02.)

1		(5 ILCS 80/4.25 new)
2		Sec. 4.25. Act repealed on January 1, 2015. The following
3		Act is repealed on January 1, 2015:
4		The Medical Practice Act of 1987.

5		Section 305. The Hospital Licensing Act is amended by
6		changing Section 10.2 as follows:
7		(210 ILCS 85/10.2) (from Ch. 111 1/2, par. 151.2)
8		Sec. 10.2. Liability.
9		(a) Because the candid and conscientious evaluation of
10		clinical practices is essential to the provision of adequate
11		hospital care, it is the policy of this State to encourage peer
12		review by health care providers. Therefore, no hospital and no
13		individual who is a member, agent, or employee of a hospital,
14		hospital medical staff, hospital administrative staff, or
15		hospital governing board shall be liable for civil damages as a
16		result of the acts, omissions, decisions, providing, sharing,
17		collecting, or obtaining information under subsection (b), or
18		any other conduct, except those involving wilful or wanton
19		misconduct, of a medical utilization committee, medical review
20		committee, patient care audit committee, medical care
21		evaluation committee, quality review committee, credential
22		committee, peer review committee, or any other committee or
23		individual whose purpose, directly or indirectly, is internal
24		quality control or medical study to reduce morbidity or
25		mortality, or for improving patient care within a hospital, or
26		the improving or benefiting of patient care and treatment,
27		whether within a hospital or not, or for the purpose of
28		professional discipline including institution of a summary
29		suspension in accordance with Section 10.4 of this Act and the
30		medical staff bylaws.
31		(b) Any hospital, through its employees or agents, may
32		share information regarding a member of its medical staff that

1		raises immediate patient safety concerns with any committees
2		listed in subsection (a), or hospital contact on behalf of a
3		committee, at any hospital, for the same purposes set forth in
4		subsection (a). Discussions between hospitals pursuant to this
5		Section shall not be available to the public and shall not be
6		discoverable or admissible in any judicial proceeding against a
7		hospital or health care professional. Nothing in this Section
8		precludes the discovery of factual information otherwise
9		available and obtained from eyewitnesses or other original
10		sources. Nor may a hospital protect otherwise discoverable
11		information by sharing it with another hospital pursuant to
12		this Section. A medical staff member shall be provided with a
13		complete copy of any information used to decide upon the staff
14		member's staff privileges or in any judicial review of such
15		decision.
16		(c) Nothing in this Section shall relieve any individual or
17		hospital from liability arising from treatment of a patient.
18		Any individual or hospital from liability arising from
19		treatment of a patient. For the purposes of this Section,
20		"wilful and wanton misconduct" means a course of action that
21		shows actual or deliberate intention to harm or that, if not
22		intentional, shows an utter indifference to or conscious
23		disregard for a person's own safety and the safety of others.
24		(Source: P.A. 91-448, eff. 8-6-99.)

25		Section 310. The Illinois Insurance Code is amended by
26		changing Sections 155.18, 155.19, and 1204 and by adding
27		Section 155.18a as follows:
28		(215 ILCS 5/155.18) (from Ch. 73, par. 767.18)
29		Sec. 155.18. (a) This Section shall apply to insurance on
30		risks based upon negligence by a physician, hospital or other
31		health care provider, referred to herein as medical liability
32		insurance. This Section shall not apply to contracts of

1		reinsurance, nor to any farm, county, district or township
2		mutual insurance company transacting business under an Act
3		entitled "An Act relating to local mutual district, county and
4		township insurance companies", approved March 13, 1936, as now
5		or hereafter amended, nor to any such company operating under a
6		special charter.
7		(b) The following standards shall apply to the making and
8		use of rates pertaining to all classes of medical liability
9		insurance:
10		(1) Rates shall not be excessive or inadequate, as
11		herein defined, nor shall they be unfairly discriminatory.
12		No rate shall be held to be excessive unless such rate is
13		unreasonably high for the insurance provided, and a
14		reasonable degree of competition does not exist in the area
15		with respect to the classification to which such rate is
16		applicable.
17		No rate shall be held inadequate unless it is
18		unreasonably low for the insurance provided and continued
19		use of it would endanger solvency of the company.
20		(2) Consideration shall be given, to the extent
21		applicable, to past and prospective loss experience within
22		and outside this State, to a reasonable margin for
23		underwriting profit and contingencies, to past and
24		prospective expenses both countrywide and those especially
25		applicable to this State, and to all other factors,
26		including judgment factors, deemed relevant within and
27		outside this State.
28		Consideration may also be given in the making and use
29		of rates to dividends, savings or unabsorbed premium
30		deposits allowed or returned by companies to their
31		policyholders, members or subscribers.
32		(3) The systems of expense provisions included in the
33		rates for use by any company or group of companies may
34		differ from those of other companies or groups of companies

1		to reflect the operating methods of any such company or
2		group with respect to any kind of insurance, or with
3		respect to any subdivision or combination thereof.
4		(4) Risks may be grouped by classifications for the
5		establishment of rates and minimum premiums.
6		Classification rates may be modified to produce rates for
7		individual risks in accordance with rating plans which
8		establish standards for measuring variations in hazards or
9		expense provisions, or both. Such standards may measure any
10		difference among risks that have a probable effect upon
11		losses or expenses. Such classifications or modifications
12		of classifications of risks may be established based upon
13		size, expense, management, individual experience, location
14		or dispersion of hazard, or any other reasonable
15		considerations and shall apply to all risks under the same
16		or substantially the same circumstances or conditions. The
17		rate for an established classification should be related
18		generally to the anticipated loss and expense factors of
19		the class.
20		(c) Every company writing medical liability insurance
21		shall file with the Director of Insurance the rates and rating
22		schedules it uses for medical liability insurance.
23		(1) This filing shall occur upon a company's
24		commencement of medical liability insurance business in
25		this State at least annually and thereafter as often as the
26		rates are changed or amended.
27		(2) For the purposes of this Section, any change in
28		premium to the company's insureds as a result of a change
29		in the company's base rates or a change in its increased
30		limits factors shall constitute a change in rates and shall
31		require a filing with the Director.
32		(3) It shall be certified in such filing by an officer
33		of the company and a qualified actuary that the company's
34		rates are based on sound actuarial principles and are not

1		inconsistent with the company's experience.
2		(d) If, after an administrative a hearing pursuant to
3		subsection (c) of Section 401 of this Code, the Director finds:
4		(1) that any rate, rating plan or rating system
5		violates the provisions of this Section applicable to it,
6		he shall may issue an order to the company which has been
7		the subject of the hearing specifying in what respects such
8		violation exists and may prohibit stating when, within a
9		reasonable period of time, the further use of such rate or
10		rating system by such company in contracts of insurance
11		made thereafter shall be prohibited;
12		(2) that the violation of any of the provisions of this
13		Section applicable to it by any company which has been the
14		subject of the hearing was wilful or that any company has
15		repeatedly violated any provision of this Section, he may
16		take either or both of the following actions:
17		(A) Suspend suspend or revoke, in whole or in part,
18		the certificate of authority of such company with
19		respect to the class of insurance which has been the
20		subject of the hearing.
21		(B) Impose a penalty of up to $1,000 against the
22		company for each violation. Each day during which a
23		violation occurs constitutes a separate violation.
24		(e) Every company writing medical liability insurance in
25		this State shall offer to each of its medical liability
26		insureds the option to make premium payments in at least
27		quarterly installments as prescribed by and filed with the
28		Director. This offer shall be included in the initial offer or
29		in the first policy renewal occurring on or after January 1,
30		2005.
31		(Source: P.A. 79-1434.)
32		(215 ILCS 5/155.18a new)
33		Sec. 155.18a. Professional Liability Insurance Resource

1		Center. The Director of Insurance shall establish a
2		Professional Liability Insurance Resource Center on the World
3		Wide Web containing the names and telephone numbers of all
4		licensed companies providing medical liability insurance and
5		producers who sell medical liability insurance. Each company
6		and producer shall submit the information to the Department on
7		or before September 30 of each year in order to be listed on
8		the website. The Department is under no obligation to list a
9		company or producer on the website. Hyperlinks to company
10		websites shall be included, if available. The publication of
11		the information on the Department's website shall commence on
12		January 1, 2005. The Department shall update the information on
13		the Professional Liability Insurance Resource Center at least
14		annually.
15		(215 ILCS 5/155.19) (from Ch. 73, par. 767.19)
16		Sec. 155.19. All claims filed after December 31, 1976 with
17		any insurer and all suits filed after December 31, 1976 in any
18		court in this State, alleging liability on the part of any
19		physician, hospital or other health care provider for medically
20		related injuries, shall be reported to the Director of
21		Insurance in such form and under such terms and conditions as
22		may be prescribed by the Director. Notwithstanding any other
23		provision of law to the contrary, any insurer, stop loss
24		insurer, captive insurer, risk retention group, county risk
25		retention trust, religious or charitable risk pooling trust,
26		surplus line insurer, or other entity authorized or permitted
27		by law to provide medical liability insurance in this State
28		shall report to the Director, in such form and under such terms
29		and conditions as may be prescribed by the Director, all claims
30		filed after December 31, 2004 and all suits filed after
31		December 31, 2004 in any court in this State alleging liability
32		on the part of any physician, hospital, or health care provider
33		for medically-related injuries. Each clerk of the circuit court

1		shall provide to the Director such information as the Director
2		may deem necessary to verify the accuracy and completeness of
3		reports made to the Director under this Section. The Director
4		shall maintain complete and accurate records of all such claims
5		and suits including their nature, amount, disposition and other
6		information as he may deem useful or desirable in observing and
7		reporting on health care provider liability trends in this
8		State. The Director shall release to appropriate disciplinary
9		and licensing agencies any such data or information which may
10		assist such agencies in improving the quality of health care or
11		which may be useful to such agencies for the purpose of
12		professional discipline.
13		With due regard for appropriate maintenance of the
14		confidentiality thereof, the Director shall may release, on an
15		annual basis, from time to time to the Governor, the General
16		Assembly and the general public statistical reports based on
17		such data and information.
18		If the Director finds that any entity required to report
19		information in its possession under this Section has violated
20		any provision of this Section by filing late, incomplete, or
21		inaccurate reports, the Director may fine the entity up to
22		$1,000 for each offense. Each day during which a violation
23		occurs constitutes a separate offense.
24		The Director may promulgate such rules and regulations as
25		may be necessary to carry out the provisions of this Section.
26		(Source: P.A. 79-1434.)
27		(215 ILCS 5/1204) (from Ch. 73, par. 1065.904)
28		Sec. 1204. (A) The Director shall promulgate rules and
29		regulations which shall require each insurer licensed to write
30		property or casualty insurance in the State and each syndicate
31		doing business on the Illinois Insurance Exchange to record and
32		report its loss and expense experience and other data as may be
33		necessary to assess the relationship of insurance premiums and

1		related income as compared to insurance costs and expenses. The
2		Director may designate one or more rate service organizations
3		or advisory organizations to gather and compile such experience
4		and data. The Director shall require each insurer licensed to
5		write property or casualty insurance in this State and each
6		syndicate doing business on the Illinois Insurance Exchange to
7		submit a report, on a form furnished by the Director, showing
8		its direct writings in this State and companywide.
9		(B) Such report required by subsection (A) of this Section
10		may include, but not be limited to, the following specific
11		types of insurance written by such insurer:
12		(1) Political subdivision liability insurance reported
13		separately in the following categories:
14		(a) municipalities;
15		(b) school districts;
16		(c) other political subdivisions;
17		(2) Public official liability insurance;
18		(3) Dram shop liability insurance;
19		(4) Day care center liability insurance;
20		(5) Labor, fraternal or religious organizations
21		liability insurance;
22		(6) Errors and omissions liability insurance;
23		(7) Officers and directors liability insurance
24		reported separately as follows:
25		(a) non-profit entities;
26		(b) for-profit entities;
27		(8) Products liability insurance;
28		(9) Medical malpractice insurance;
29		(10) Attorney malpractice insurance;
30		(11) Architects and engineers malpractice insurance;
31		and
32		(12) Motor vehicle insurance reported separately for
33		commercial and private passenger vehicles as follows:
34		(a) motor vehicle physical damage insurance;

1		(b) motor vehicle liability insurance.
2		(C) Such report may include, but need not be limited to the
3		following data, both specific to this State and companywide, in
4		the aggregate or by type of insurance for the previous year on
5		a calendar year basis:
6		(1) Direct premiums written;
7		(2) Direct premiums earned;
8		(3) Number of policies;
9		(4) Net investment income, using appropriate estimates
10		where necessary;
11		(5) Losses paid;
12		(6) Losses incurred;
13		(7) Loss reserves:
14		(a) Losses unpaid on reported claims;
15		(b) Losses unpaid on incurred but not reported
16		claims;
17		(8) Number of claims:
18		(a) Paid claims;
19		(b) Arising claims;
20		(9) Loss adjustment expenses:
21		(a) Allocated loss adjustment expenses;
22		(b) Unallocated loss adjustment expenses;
23		(10) Net underwriting gain or loss;
24		(11) Net operation gain or loss, including net
25		investment income;
26		(12) Any other information requested by the Director.
27		(C-5) Additional information required from medical
28		malpractice insurers.
29		(1) In addition to the other requirements of this
30		Section, all medical malpractice insurers shall include
31		the following information in the report required by
32		subsection (A) of this Section in such form and under such
33		terms and conditions as may be prescribed by the Director:
34		(a) paid and incurred losses by county for each of

1		the past 10 policy years; and
2		(b) earned exposures by ISO code, policy type, and
3		policy year by county for each of the past 10 years.
4		(2) All information collected by the Director under
5		paragraph (1) of this subsection (C-5) shall be made
6		available, on an aggregate basis, to the General Assembly
7		and the general public. This provision shall supersede any
8		other provision of law that may otherwise protect such
9		information from public disclosure as confidential. The
10		identity of the plaintiff, the defendant, the attorneys,
11		and the company shall not be disclosed.
12		(C-10) Additional information required from legal and
13		medical malpractice insurers.
14		(1) All legal and medical malpractice insurers shall
15		annually provide the Department with a copy of the
16		following:
17		(a) the company's reserve and surplus studies; and
18		(b) consulting actuarial report and data
19		supporting the company's rate filing.
20		(2) This information is deemed confidential trade
21		secrets and shall only be used for regulatory purposes.
22		This information may not be disclosed to any person by the
23		Department or any government official, employee, or agent.
24		Unlawful disclosure shall subject the disclosing person to
25		personal liability for damages and a fine of $50,000 per
26		disclosure.
27		(D) In addition to the information which may be requested
28		under subsection (C), the Director may also request on a
29		companywide, aggregate basis, Federal Income Tax recoverable,
30		net realized capital gain or loss, net unrealized capital gain
31		or loss, and all other expenses not requested in subsection (C)
32		above.
33		(E) Violations - Suspensions - Revocations.
34		(1) Any company or person subject to this Article, who

1		willfully or repeatedly fails to observe or who otherwise
2		violates any of the provisions of this Article or any rule
3		or regulation promulgated by the Director under authority
4		of this Article or any final order of the Director entered
5		under the authority of this Article shall by civil penalty
6		forfeit to the State of Illinois a sum not to exceed
7		$2,000. Each day during which a violation occurs
8		constitutes a separate offense.
9		(2) No forfeiture liability under paragraph (1) of this
10		subsection may attach unless a written notice of apparent
11		liability has been issued by the Director and received by
12		the respondent, or the Director sends written notice of
13		apparent liability by registered or certified mail, return
14		receipt requested, to the last known address of the
15		respondent. Any respondent so notified must be granted an
16		opportunity to request a hearing within 10 days from
17		receipt of notice, or to show in writing, why he should not
18		be held liable. A notice issued under this Section must set
19		forth the date, facts and nature of the act or omission
20		with which the respondent is charged and must specifically
21		identify the particular provision of this Article, rule,
22		regulation or order of which a violation is charged.
23		(3) No forfeiture liability under paragraph (1) of this
24		subsection may attach for any violation occurring more than
25		2 years prior to the date of issuance of the notice of
26		apparent liability and in no event may the total civil
27		penalty forfeiture imposed for the acts or omissions set
28		forth in any one notice of apparent liability exceed
29		$100,000.
30		(4) All administrative hearings conducted pursuant to
31		this Article are subject to 50 Ill. Adm. Code 2402 and all
32		administrative hearings are subject to the Administrative
33		Review Law.
34		(5) The civil penalty forfeitures provided for in this

1		Section are payable to the General Revenue Fund of the
2		State of Illinois, and may be recovered in a civil suit in
3		the name of the State of Illinois brought in the Circuit
4		Court in Sangamon County or in the Circuit Court of the
5		county where the respondent is domiciled or has its
6		principal operating office.
7		(6) In any case where the Director issues a notice of
8		apparent liability looking toward the imposition of a civil
9		penalty forfeiture under this Section that fact may not be
10		used in any other proceeding before the Director to the
11		prejudice of the respondent to whom the notice was issued,
12		unless (a) the civil penalty forfeiture has been paid, or
13		(b) a court has ordered payment of the civil penalty
14		forfeiture and that order has become final.
15		(7) When any person or company has a license or
16		certificate of authority under this Code and knowingly
17		fails or refuses to comply with a lawful order of the
18		Director requiring compliance with this Article, entered
19		after notice and hearing, within the period of time
20		specified in the order, the Director may, in addition to
21		any other penalty or authority provided, revoke or refuse
22		to renew the license or certificate of authority of such
23		person or company, or may suspend the license or
24		certificate of authority of such person or company until
25		compliance with such order has been obtained.
26		(8) When any person or company has a license or
27		certificate of authority under this Code and knowingly
28		fails or refuses to comply with any provisions of this
29		Article, the Director may, after notice and hearing, in
30		addition to any other penalty provided, revoke or refuse to
31		renew the license or certificate of authority of such
32		person or company, or may suspend the license or
33		certificate of authority of such person or company, until
34		compliance with such provision of this Article has been

1		obtained.
2		(9) No suspension or revocation under this Section may
3		become effective until 5 days from the date that the notice
4		of suspension or revocation has been personally delivered
5		or delivered by registered or certified mail to the company
6		or person. A suspension or revocation under this Section is
7		stayed upon the filing, by the company or person, of a
8		petition for judicial review under the Administrative
9		Review Law.
10		(Source: P.A. 93-32, eff. 7-1-03.)

11		Section 315. The Medical Practice Act of 1987 is amended by
12		changing Sections 7, 22, 23, 24, and 36 as follows:
13		(225 ILCS 60/7) (from Ch. 111, par. 4400-7)
14		(Section scheduled to be repealed on January 1, 2007)
15		Sec. 7. Medical Disciplinary Board.
16		(A) There is hereby created the Illinois State Medical
17		Disciplinary Board (hereinafter referred to as the
18		"Disciplinary Board"). The Disciplinary Board shall consist of
19		9 members, to be appointed by the Governor by and with the
20		advice and consent of the Senate. All shall be residents of the
21		State, not more than 5 of whom shall be members of the same
22		political party. Five members shall be physicians licensed to
23		practice medicine in all of its branches in Illinois possessing
24		the degree of doctor of medicine. Two shall be members of the
25		public, who shall not be engaged in any way, directly or
26		indirectly, as providers of health care. The 2 public members
27		shall act as voting members. One member shall be a physician
28		licensed to practice in Illinois possessing the degree of
29		doctor of osteopathy or osteopathic medicine. One member shall
30		be a physician licensed to practice in Illinois and possessing
31		the degree of doctor of chiropractic.
32		(B) Members of the Disciplinary Board shall be appointed

1		for terms of 4 years. Upon the expiration of the term of any
2		member, their successor shall be appointed for a term of 4
3		years by the Governor by and with the advice and consent of the
4		Senate. The Governor shall fill any vacancy for the remainder
5		of the unexpired term by and with the advice and consent of the
6		Senate. Upon recommendation of the Board, any member of the
7		Disciplinary Board may be removed by the Governor for
8		misfeasance, malfeasance, or wilful neglect of duty, after
9		notice, and a public hearing, unless such notice and hearing
10		shall be expressly waived in writing. Each member shall serve
11		on the Disciplinary Board until their successor is appointed
12		and qualified. No member of the Disciplinary Board shall serve
13		more than 2 consecutive 4 year terms.
14		In making appointments the Governor shall attempt to insure
15		that the various social and geographic regions of the State of
16		Illinois are properly represented.
17		In making the designation of persons to act for the several
18		professions represented on the Disciplinary Board, the
19		Governor shall give due consideration to recommendations by
20		members of the respective professions and by organizations
21		therein.
22		(C) The Disciplinary Board shall annually elect one of its
23		voting members as chairperson and one as vice chairperson. No
24		officer shall be elected more than twice in succession to the
25		same office. Each officer shall serve until their successor has
26		been elected and qualified.
27		(D) (Blank).
28		(E) Four voting members of the Disciplinary Board shall
29		constitute a quorum. A vacancy in the membership of the
30		Disciplinary Board shall not impair the right of a quorum to
31		exercise all the rights and perform all the duties of the
32		Disciplinary Board. Any action taken by the Disciplinary Board
33		under this Act may be authorized by resolution at any regular
34		or special meeting and each such resolution shall take effect

1		immediately. The Disciplinary Board shall meet at least
2		quarterly. The Disciplinary Board is empowered to adopt all
3		rules and regulations necessary and incident to the powers
4		granted to it under this Act.
5		(F) Each member, and member-officer, of the Disciplinary
6		Board shall receive a per diem stipend as the Director of the
7		Department, hereinafter referred to as the Director, shall
8		determine. The Director shall also determine the per diem
9		stipend that each ex-officio member shall receive. Each member
10		shall be paid their necessary expenses while engaged in the
11		performance of their duties.
12		(G) The Director shall select a Chief Medical Coordinator
13		and not less than 2 a Deputy Medical Coordinators Coordinator
14		who shall not be members of the Disciplinary Board. Each
15		medical coordinator shall be a physician licensed to practice
16		medicine in all of its branches, and the Director shall set
17		their rates of compensation. The Director shall assign at least
18		one medical coordinator to a region composed of Cook County and
19		such other counties as the Director may deem appropriate, and
20		such medical coordinator or coordinators shall locate their
21		office in Chicago. The Director shall assign at least one the
22		remaining medical coordinator to a region composed of the
23		balance of counties in the State, and such medical coordinator
24		or coordinators shall locate their office in Springfield. Each
25		medical coordinator shall be the chief enforcement officer of
26		this Act in his or her their assigned region and shall serve at
27		the will of the Disciplinary Board.
28		The Director shall employ, in conformity with the Personnel
29		Code, not less than one full time investigator for every 2,500
30		5000 physicians licensed in the State. Each investigator shall
31		be a college graduate with at least 2 years' investigative
32		experience or one year advanced medical education. Upon the
33		written request of the Disciplinary Board, the Director shall
34		employ, in conformity with the Personnel Code, such other

1		professional, technical, investigative, and clerical help,
2		either on a full or part-time basis as the Disciplinary Board
3		deems necessary for the proper performance of its duties.
4		(H) Upon the specific request of the Disciplinary Board,
5		signed by either the chairman, vice chairman, or a medical
6		coordinator of the Disciplinary Board, the Department of Human
7		Services or the Department of State Police shall make available
8		any and all information that they have in their possession
9		regarding a particular case then under investigation by the
10		Disciplinary Board.
11		(I) Members of the Disciplinary Board shall be immune from
12		suit in any action based upon any disciplinary proceedings or
13		other acts performed in good faith as members of the
14		Disciplinary Board.
15		(J) The Disciplinary Board may compile and establish a
16		statewide roster of physicians and other medical
17		professionals, including the several medical specialties, of
18		such physicians and medical professionals, who have agreed to
19		serve from time to time as advisors to the medical
20		coordinators. Such advisors shall assist the medical
21		coordinators or the Disciplinary Board in their investigations
22		and participation in complaints against physicians. Such
23		advisors shall serve under contract and shall be reimbursed at
24		a reasonable rate for the services provided, plus reasonable
25		expenses incurred. While serving in this capacity, the advisor,
26		for any act undertaken in good faith and in the conduct of
27		their duties under this Section, shall be immune from civil
28		suit.
29		(Source: P.A. 93-138, eff. 7-10-03.)
30		(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
31		(Section scheduled to be repealed on January 1, 2007)
32		Sec. 22. Disciplinary action.
33		(A) The Department may revoke, suspend, place on

1		probationary status, refuse to renew, or take any other
2		disciplinary action as the Department may deem proper with
3		regard to the license or visiting professor permit of any
4		person issued under this Act to practice medicine, or to treat
5		human ailments without the use of drugs and without operative
6		surgery upon any of the following grounds:
7		(1) Performance of an elective abortion in any place,
8		locale, facility, or institution other than:
9		(a) a facility licensed pursuant to the Ambulatory
10		Surgical Treatment Center Act;
11		(b) an institution licensed under the Hospital
12		Licensing Act; or
13		(c) an ambulatory surgical treatment center or
14		hospitalization or care facility maintained by the
15		State or any agency thereof, where such department or
16		agency has authority under law to establish and enforce
17		standards for the ambulatory surgical treatment
18		centers, hospitalization, or care facilities under its
19		management and control; or
20		(d) ambulatory surgical treatment centers,
21		hospitalization or care facilities maintained by the
22		Federal Government; or
23		(e) ambulatory surgical treatment centers,
24		hospitalization or care facilities maintained by any
25		university or college established under the laws of
26		this State and supported principally by public funds
27		raised by taxation.
28		(2) Performance of an abortion procedure in a wilful
29		and wanton manner on a woman who was not pregnant at the
30		time the abortion procedure was performed.
31		(3) The conviction of a felony in this or any other
32		jurisdiction, except as otherwise provided in subsection B
33		of this Section, whether or not related to practice under
34		this Act, or the entry of a guilty or nolo contendere plea

1		to a felony charge.
2		(4) Gross negligence in practice under this Act.
3		(5) Engaging in dishonorable, unethical or
4		unprofessional conduct of a character likely to deceive,
5		defraud or harm the public.
6		(6) Obtaining any fee by fraud, deceit, or
7		misrepresentation.
8		(7) Habitual or excessive use or abuse of drugs defined
9		in law as controlled substances, of alcohol, or of any
10		other substances which results in the inability to practice
11		with reasonable judgment, skill or safety.
12		(8) Practicing under a false or, except as provided by
13		law, an assumed name.
14		(9) Fraud or misrepresentation in applying for, or
15		procuring, a license under this Act or in connection with
16		applying for renewal of a license under this Act.
17		(10) Making a false or misleading statement regarding
18		their skill or the efficacy or value of the medicine,
19		treatment, or remedy prescribed by them at their direction
20		in the treatment of any disease or other condition of the
21		body or mind.
22		(11) Allowing another person or organization to use
23		their license, procured under this Act, to practice.
24		(12) Disciplinary action of another state or
25		jurisdiction against a license or other authorization to
26		practice as a medical doctor, doctor of osteopathy, doctor
27		of osteopathic medicine or doctor of chiropractic, a
28		certified copy of the record of the action taken by the
29		other state or jurisdiction being prima facie evidence
30		thereof.
31		(13) Violation of any provision of this Act or of the
32		Medical Practice Act prior to the repeal of that Act, or
33		violation of the rules, or a final administrative action of
34		the Director, after consideration of the recommendation of

1		the Disciplinary Board.
2		(14) Dividing with anyone other than physicians with
3		whom the licensee practices in a partnership, Professional
4		Association, limited liability company, or Medical or
5		Professional Corporation any fee, commission, rebate or
6		other form of compensation for any professional services
7		not actually and personally rendered. Nothing contained in
8		this subsection prohibits persons holding valid and
9		current licenses under this Act from practicing medicine in
10		partnership under a partnership agreement, including a
11		limited liability partnership, in a limited liability
12		company under the Limited Liability Company Act, in a
13		corporation authorized by the Medical Corporation Act, as
14		an association authorized by the Professional Association
15		Act, or in a corporation under the Professional Corporation
16		Act or from pooling, sharing, dividing or apportioning the
17		fees and monies received by them or by the partnership,
18		corporation or association in accordance with the
19		partnership agreement or the policies of the Board of
20		Directors of the corporation or association. Nothing
21		contained in this subsection prohibits 2 or more
22		corporations authorized by the Medical Corporation Act,
23		from forming a partnership or joint venture of such
24		corporations, and providing medical, surgical and
25		scientific research and knowledge by employees of these
26		corporations if such employees are licensed under this Act,
27		or from pooling, sharing, dividing, or apportioning the
28		fees and monies received by the partnership or joint
29		venture in accordance with the partnership or joint venture
30		agreement. Nothing contained in this subsection shall
31		abrogate the right of 2 or more persons, holding valid and
32		current licenses under this Act, to each receive adequate
33		compensation for concurrently rendering professional
34		services to a patient and divide a fee; provided, the

1		patient has full knowledge of the division, and, provided,
2		that the division is made in proportion to the services
3		performed and responsibility assumed by each.
4		(15) A finding by the Medical Disciplinary Board that
5		the registrant after having his or her license placed on
6		probationary status or subjected to conditions or
7		restrictions violated the terms of the probation or failed
8		to comply with such terms or conditions.
9		(16) Abandonment of a patient.
10		(17) Prescribing, selling, administering,
11		distributing, giving or self-administering any drug
12		classified as a controlled substance (designated product)
13		or narcotic for other than medically accepted therapeutic
14		purposes.
15		(18) Promotion of the sale of drugs, devices,
16		appliances or goods provided for a patient in such manner
17		as to exploit the patient for financial gain of the
18		physician.
19		(19) Offering, undertaking or agreeing to cure or treat
20		disease by a secret method, procedure, treatment or
21		medicine, or the treating, operating or prescribing for any
22		human condition by a method, means or procedure which the
23		licensee refuses to divulge upon demand of the Department.
24		(20) Immoral conduct in the commission of any act
25		including, but not limited to, commission of an act of
26		sexual misconduct related to the licensee's practice.
27		(21) Wilfully making or filing false records or reports
28		in his or her practice as a physician, including, but not
29		limited to, false records to support claims against the
30		medical assistance program of the Department of Public Aid
31		under the Illinois Public Aid Code.
32		(22) Wilful omission to file or record, or wilfully
33		impeding the filing or recording, or inducing another
34		person to omit to file or record, medical reports as

1		required by law, or wilfully failing to report an instance
2		of suspected abuse or neglect as required by law.
3		(23) Being named as a perpetrator in an indicated
4		report by the Department of Children and Family Services
5		under the Abused and Neglected Child Reporting Act, and
6		upon proof by clear and convincing evidence that the
7		licensee has caused a child to be an abused child or
8		neglected child as defined in the Abused and Neglected
9		Child Reporting Act.
10		(24) Solicitation of professional patronage by any
11		corporation, agents or persons, or profiting from those
12		representing themselves to be agents of the licensee.
13		(25) Gross and wilful and continued overcharging for
14		professional services, including filing false statements
15		for collection of fees for which services are not rendered,
16		including, but not limited to, filing such false statements
17		for collection of monies for services not rendered from the
18		medical assistance program of the Department of Public Aid
19		under the Illinois Public Aid Code.
20		(26) A pattern of practice or other behavior which
21		demonstrates incapacity or incompetence to practice under
22		this Act.
23		(27) Mental illness or disability which results in the
24		inability to practice under this Act with reasonable
25		judgment, skill or safety.
26		(28) Physical illness, including, but not limited to,
27		deterioration through the aging process, or loss of motor
28		skill which results in a physician's inability to practice
29		under this Act with reasonable judgment, skill or safety.
30		(29) Cheating on or attempt to subvert the licensing
31		examinations administered under this Act.
32		(30) Wilfully or negligently violating the
33		confidentiality between physician and patient except as
34		required by law.

1		(31) The use of any false, fraudulent, or deceptive
2		statement in any document connected with practice under
3		this Act.
4		(32) Aiding and abetting an individual not licensed
5		under this Act in the practice of a profession licensed
6		under this Act.
7		(33) Violating state or federal laws or regulations
8		relating to controlled substances, legend drugs, or
9		ephedra, as defined in the Ephedra Prohibition Act.
10		(34) Failure to report to the Department any adverse
11		final action taken against them by another licensing
12		jurisdiction (any other state or any territory of the
13		United States or any foreign state or country), by any peer
14		review body, by any health care institution, by any
15		professional society or association related to practice
16		under this Act, by any governmental agency, by any law
17		enforcement agency, or by any court for acts or conduct
18		similar to acts or conduct which would constitute grounds
19		for action as defined in this Section.
20		(35) Failure to report to the Department surrender of a
21		license or authorization to practice as a medical doctor, a
22		doctor of osteopathy, a doctor of osteopathic medicine, or
23		doctor of chiropractic in another state or jurisdiction, or
24		surrender of membership on any medical staff or in any
25		medical or professional association or society, while
26		under disciplinary investigation by any of those
27		authorities or bodies, for acts or conduct similar to acts
28		or conduct which would constitute grounds for action as
29		defined in this Section.
30		(36) Failure to report to the Department any adverse
31		judgment, settlement, or award arising from a liability
32		claim related to acts or conduct similar to acts or conduct
33		which would constitute grounds for action as defined in
34		this Section.

1		(37) Failure to transfer copies of medical records as
2		required by law.
3		(38) Failure to furnish the Department, its
4		investigators or representatives, relevant information,
5		legally requested by the Department after consultation
6		with the Chief Medical Coordinator or the Deputy Medical
7		Coordinator.
8		(39) Violating the Health Care Worker Self-Referral
9		Act.
10		(40) Willful failure to provide notice when notice is
11		required under the Parental Notice of Abortion Act of 1995.
12		(41) Failure to establish and maintain records of
13		patient care and treatment as required by this law.
14		(42) Entering into an excessive number of written
15		collaborative agreements with licensed advanced practice
16		nurses resulting in an inability to adequately collaborate
17		and provide medical direction.
18		(43) Repeated failure to adequately collaborate with
19		or provide medical direction to a licensed advanced
20		practice nurse.
21		Except for actions involving the ground numbered (26), all
22		All proceedings to suspend, revoke, place on probationary
23		status, or take any other disciplinary action as the Department
24		may deem proper, with regard to a license on any of the
25		foregoing grounds, must be commenced within 5 3 years next
26		after receipt by the Department of a complaint alleging the
27		commission of or notice of the conviction order for any of the
28		acts described herein. Except for the grounds numbered (8),
29		(9), (26), and (29), no action shall be commenced more than 10
30		5 years after the date of the incident or act alleged to have
31		violated this Section. For actions involving the ground
32		numbered (26), a pattern of practice or other behavior includes
33		any incident that occurred within 10 years before another
34		incident alleged to be part of the pattern of practice or other

1		behavior or receipt of a report pursuant to Section 23 of this
2		Act. In the event of the settlement of any claim or cause of
3		action in favor of the claimant or the reduction to final
4		judgment of any civil action in favor of the plaintiff, such
5		claim, cause of action or civil action being grounded on the
6		allegation that a person licensed under this Act was negligent
7		in providing care, the Department shall have an additional
8		period of 2 years one year from the date of notification to the
9		Department under Section 23 of this Act of such settlement or
10		final judgment in which to investigate and commence formal
11		disciplinary proceedings under Section 36 of this Act, except
12		as otherwise provided by law. The Department shall expunge the
13		records of discipline solely for administrative matters 3 years
14		after final disposition or after the statute of limitations has
15		expired, whichever is later. The time during which the holder
16		of the license was outside the State of Illinois shall not be
17		included within any period of time limiting the commencement of
18		disciplinary action by the Department.
19		The entry of an order or judgment by any circuit court
20		establishing that any person holding a license under this Act
21		is a person in need of mental treatment operates as a
22		suspension of that license. That person may resume their
23		practice only upon the entry of a Departmental order based upon
24		a finding by the Medical Disciplinary Board that they have been
25		determined to be recovered from mental illness by the court and
26		upon the Disciplinary Board's recommendation that they be
27		permitted to resume their practice.
28		The Department may refuse to issue or take disciplinary
29		action concerning the license of any person who fails to file a
30		return, or to pay the tax, penalty or interest shown in a filed
31		return, or to pay any final assessment of tax, penalty or
32		interest, as required by any tax Act administered by the
33		Illinois Department of Revenue, until such time as the
34		requirements of any such tax Act are satisfied as determined by

1		the Illinois Department of Revenue.
2		The Department, upon the recommendation of the
3		Disciplinary Board, shall adopt rules which set forth standards
4		to be used in determining:
5		(a) when a person will be deemed sufficiently
6		rehabilitated to warrant the public trust;
7		(b) what constitutes dishonorable, unethical or
8		unprofessional conduct of a character likely to deceive,
9		defraud, or harm the public;
10		(c) what constitutes immoral conduct in the commission
11		of any act, including, but not limited to, commission of an
12		act of sexual misconduct related to the licensee's
13		practice; and
14		(d) what constitutes gross negligence in the practice
15		of medicine.
16		However, no such rule shall be admissible into evidence in
17		any civil action except for review of a licensing or other
18		disciplinary action under this Act.
19		In enforcing this Section, the Medical Disciplinary Board,
20		upon a showing of a possible violation, may compel any
21		individual licensed to practice under this Act, or who has
22		applied for licensure or a permit pursuant to this Act, to
23		submit to a mental or physical examination, or both, as
24		required by and at the expense of the Department. The examining
25		physician or physicians shall be those specifically designated
26		by the Disciplinary Board. The Medical Disciplinary Board or
27		the Department may order the examining physician to present
28		testimony concerning this mental or physical examination of the
29		licensee or applicant. No information shall be excluded by
30		reason of any common law or statutory privilege relating to
31		communication between the licensee or applicant and the
32		examining physician. The individual to be examined may have, at
33		his or her own expense, another physician of his or her choice
34		present during all aspects of the examination. Failure of any

1		individual to submit to mental or physical examination, when
2		directed, shall be grounds for suspension of his or her license
3		until such time as the individual submits to the examination if
4		the Disciplinary Board finds, after notice and hearing, that
5		the refusal to submit to the examination was without reasonable
6		cause. If the Disciplinary Board finds a physician unable to
7		practice because of the reasons set forth in this Section, the
8		Disciplinary Board shall require such physician to submit to
9		care, counseling, or treatment by physicians approved or
10		designated by the Disciplinary Board, as a condition for
11		continued, reinstated, or renewed licensure to practice. Any
12		physician, whose license was granted pursuant to Sections 9,
13		17, or 19 of this Act, or, continued, reinstated, renewed,
14		disciplined or supervised, subject to such terms, conditions or
15		restrictions who shall fail to comply with such terms,
16		conditions or restrictions, or to complete a required program
17		of care, counseling, or treatment, as determined by the Chief
18		Medical Coordinator or Deputy Medical Coordinators, shall be
19		referred to the Director for a determination as to whether the
20		licensee shall have their license suspended immediately,
21		pending a hearing by the Disciplinary Board. In instances in
22		which the Director immediately suspends a license under this
23		Section, a hearing upon such person's license must be convened
24		by the Disciplinary Board within 15 days after such suspension
25		and completed without appreciable delay. The Disciplinary
26		Board shall have the authority to review the subject
27		physician's record of treatment and counseling regarding the
28		impairment, to the extent permitted by applicable federal
29		statutes and regulations safeguarding the confidentiality of
30		medical records.
31		An individual licensed under this Act, affected under this
32		Section, shall be afforded an opportunity to demonstrate to the
33		Disciplinary Board that they can resume practice in compliance
34		with acceptable and prevailing standards under the provisions

1		of their license.
2		The Department may promulgate rules for the imposition of
3		fines in disciplinary cases, not to exceed $5,000 for each
4		violation of this Act. Fines may be imposed in conjunction with
5		other forms of disciplinary action, but shall not be the
6		exclusive disposition of any disciplinary action arising out of
7		conduct resulting in death or injury to a patient. Any funds
8		collected from such fines shall be deposited in the Medical
9		Disciplinary Fund.
10		(B) The Department shall revoke the license or visiting
11		permit of any person issued under this Act to practice medicine
12		or to treat human ailments without the use of drugs and without
13		operative surgery, who has been convicted a second time of
14		committing any felony under the Illinois Controlled Substances
15		Act, or who has been convicted a second time of committing a
16		Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois
17		Public Aid Code. A person whose license or visiting permit is
18		revoked under this subsection B of Section 22 of this Act shall
19		be prohibited from practicing medicine or treating human
20		ailments without the use of drugs and without operative
21		surgery.
22		(C) The Medical Disciplinary Board shall recommend to the
23		Department civil penalties and any other appropriate
24		discipline in disciplinary cases when the Board finds that a
25		physician willfully performed an abortion with actual
26		knowledge that the person upon whom the abortion has been
27		performed is a minor or an incompetent person without notice as
28		required under the Parental Notice of Abortion Act of 1995.
29		Upon the Board's recommendation, the Department shall impose,
30		for the first violation, a civil penalty of $1,000 and for a
31		second or subsequent violation, a civil penalty of $5,000.
32		(Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96; 89-626,
33		eff. 8-9-96; 89-702, eff. 7-1-97; 90-742, eff. 8-13-98.)

1		(225 ILCS 60/23) (from Ch. 111, par. 4400-23)
2		(Section scheduled to be repealed on January 1, 2007)
3		Sec. 23. Reports relating to professional conduct and
4		capacity.
5		(A) Entities required to report.
6		(1) Health care institutions. The chief administrator
7		or executive officer of any health care institution
8		licensed by the Illinois Department of Public Health shall
9		report to the Disciplinary Board when any person's clinical
10		privileges are terminated or are restricted based on a
11		final determination, in accordance with that institution's
12		by-laws or rules and regulations, that a person has either
13		committed an act or acts which may directly threaten
14		patient care, and not of an administrative nature, or that
15		a person may be mentally or physically disabled in such a
16		manner as to endanger patients under that person's care.
17		Such officer also shall report if a person accepts
18		voluntary termination or restriction of clinical
19		privileges in lieu of formal action based upon conduct
20		related directly to patient care and not of an
21		administrative nature, or in lieu of formal action seeking
22		to determine whether a person may be mentally or physically
23		disabled in such a manner as to endanger patients under
24		that person's care. The Medical Disciplinary Board shall,
25		by rule, provide for the reporting to it of all instances
26		in which a person, licensed under this Act, who is impaired
27		by reason of age, drug or alcohol abuse or physical or
28		mental impairment, is under supervision and, where
29		appropriate, is in a program of rehabilitation. Such
30		reports shall be strictly confidential and may be reviewed
31		and considered only by the members of the Disciplinary
32		Board, or by authorized staff as provided by rules of the
33		Disciplinary Board. Provisions shall be made for the
34		periodic report of the status of any such person not less

1		than twice annually in order that the Disciplinary Board
2		shall have current information upon which to determine the
3		status of any such person. Such initial and periodic
4		reports of impaired physicians shall not be considered
5		records within the meaning of The State Records Act and
6		shall be disposed of, following a determination by the
7		Disciplinary Board that such reports are no longer
8		required, in a manner and at such time as the Disciplinary
9		Board shall determine by rule. The filing of such reports
10		shall be construed as the filing of a report for purposes
11		of subsection (C) of this Section.
12		(2) Professional associations. The President or chief
13		executive officer of any association or society, of persons
14		licensed under this Act, operating within this State shall
15		report to the Disciplinary Board when the association or
16		society renders a final determination that a person has
17		committed unprofessional conduct related directly to
18		patient care or that a person may be mentally or physically
19		disabled in such a manner as to endanger patients under
20		that person's care.
21		(3) Professional liability insurers. Every insurance
22		company which offers policies of professional liability
23		insurance to persons licensed under this Act, or any other
24		entity which seeks to indemnify the professional liability
25		of a person licensed under this Act, shall report to the
26		Disciplinary Board the settlement of any claim or cause of
27		action, or final judgment rendered in any cause of action,
28		which alleged negligence in the furnishing of medical care
29		by such licensed person when such settlement or final
30		judgment is in favor of the plaintiff.
31		(4) State's Attorneys. The State's Attorney of each
32		county shall report to the Disciplinary Board all instances
33		in which a person licensed under this Act is convicted or
34		otherwise found guilty of the commission of any felony. The

1		State's Attorney of each county may report to the
2		Disciplinary Board through a verified complaint any
3		instance in which the State's Attorney believes that a
4		physician has willfully violated the notice requirements
5		of the Parental Notice of Abortion Act of 1995.
6		(5) State agencies. All agencies, boards, commissions,
7		departments, or other instrumentalities of the government
8		of the State of Illinois shall report to the Disciplinary
9		Board any instance arising in connection with the
10		operations of such agency, including the administration of
11		any law by such agency, in which a person licensed under
12		this Act has either committed an act or acts which may be a
13		violation of this Act or which may constitute
14		unprofessional conduct related directly to patient care or
15		which indicates that a person licensed under this Act may
16		be mentally or physically disabled in such a manner as to
17		endanger patients under that person's care.
18		(B) Mandatory reporting. All reports required by items
19		(34), (35), and (36) of subsection (A) of Section 22 and by
20		Section 23 shall be submitted to the Disciplinary Board in a
21		timely fashion. The reports shall be filed in writing within 60
22		days after a determination that a report is required under this
23		Act. All reports shall contain the following information:
24		(1) The name, address and telephone number of the
25		person making the report.
26		(2) The name, address and telephone number of the
27		person who is the subject of the report.
28		(3) The name and date of birth or other means of
29		identification of any patient or patients whose treatment
30		is a subject of the report, if available, or other means of
31		identification if such information is not available,
32		identification of the hospital or other healthcare
33		facility where the care at issue in the report was
34		rendered, provided, however, no medical records may be

1		revealed without the written consent of the patient or
2		patients.
3		(4) A brief description of the facts which gave rise to
4		the issuance of the report, including the dates of any
5		occurrences deemed to necessitate the filing of the report.
6		(5) If court action is involved, the identity of the
7		court in which the action is filed, along with the docket
8		number and date of filing of the action.
9		(6) Any further pertinent information which the
10		reporting party deems to be an aid in the evaluation of the
11		report.
12		The Department shall have the right to inform patients of
13		the right to provide written consent for the Department to
14		obtain copies of hospital and medical records. The Disciplinary
15		Board or Department may also exercise the power under Section
16		38 of this Act to subpoena copies of hospital or medical
17		records in mandatory report cases alleging death or permanent
18		bodily injury when consent to obtain records is not provided by
19		a patient or legal representative. Appropriate rules shall be
20		adopted by the Department with the approval of the Disciplinary
21		Board.
22		When the Department has received written reports
23		concerning incidents required to be reported in items (34),
24		(35), and (36) of subsection (A) of Section 22, the licensee's
25		failure to report the incident to the Department under those
26		items shall not be the sole grounds for disciplinary action.
27		Nothing contained in this Section shall act to in any way,
28		waive or modify the confidentiality of medical reports and
29		committee reports to the extent provided by law. Any
30		information reported or disclosed shall be kept for the
31		confidential use of the Disciplinary Board, the Medical
32		Coordinators, the Disciplinary Board's attorneys, the medical
33		investigative staff, and authorized clerical staff, as
34		provided in this Act, and shall be afforded the same status as

1		is provided information concerning medical studies in Part 21
2		of Article VIII of the Code of Civil Procedure, except that the
3		Department may disclose information and documents to a federal,
4		State, or local law enforcement agency pursuant to a subpoena
5		in an ongoing criminal investigation. Furthermore, information
6		and documents disclosed to a federal, State, or local law
7		enforcement agency may be used by that agency only for the
8		investigation and prosecution of a criminal offense.
9		(C) Immunity from prosecution. Any individual or
10		organization acting in good faith, and not in a wilful and
11		wanton manner, in complying with this Act by providing any
12		report or other information to the Disciplinary Board or a peer
13		review committee, or assisting in the investigation or
14		preparation of such information, or by voluntarily reporting to
15		the Disciplinary Board or a peer review committee information
16		regarding alleged errors or negligence by a person licensed
17		under this Act, or by participating in proceedings of the
18		Disciplinary Board or a peer review committee, or by serving as
19		a member of the Disciplinary Board or a peer review committee,
20		shall not, as a result of such actions, be subject to criminal
21		prosecution or civil damages.
22		(D) Indemnification. Members of the Disciplinary Board,
23		the Medical Coordinators, the Disciplinary Board's attorneys,
24		the medical investigative staff, physicians retained under
25		contract to assist and advise the medical coordinators in the
26		investigation, and authorized clerical staff shall be
27		indemnified by the State for any actions occurring within the
28		scope of services on the Disciplinary Board, done in good faith
29		and not wilful and wanton in nature. The Attorney General shall
30		defend all such actions unless he or she determines either that
31		there would be a conflict of interest in such representation or
32		that the actions complained of were not in good faith or were
33		wilful and wanton.
34		Should the Attorney General decline representation, the

1		member shall have the right to employ counsel of his or her
2		choice, whose fees shall be provided by the State, after
3		approval by the Attorney General, unless there is a
4		determination by a court that the member's actions were not in
5		good faith or were wilful and wanton.
6		The member must notify the Attorney General within 7 days
7		of receipt of notice of the initiation of any action involving
8		services of the Disciplinary Board. Failure to so notify the
9		Attorney General shall constitute an absolute waiver of the
10		right to a defense and indemnification.
11		The Attorney General shall determine within 7 days after
12		receiving such notice, whether he or she will undertake to
13		represent the member.
14		(E) Deliberations of Disciplinary Board. Upon the receipt
15		of any report called for by this Act, other than those reports
16		of impaired persons licensed under this Act required pursuant
17		to the rules of the Disciplinary Board, the Disciplinary Board
18		shall notify in writing, by certified mail, the person who is
19		the subject of the report. Such notification shall be made
20		within 30 days of receipt by the Disciplinary Board of the
21		report.
22		The notification shall include a written notice setting
23		forth the person's right to examine the report. Included in
24		such notification shall be the address at which the file is
25		maintained, the name of the custodian of the reports, and the
26		telephone number at which the custodian may be reached. The
27		person who is the subject of the report shall submit a written
28		statement responding, clarifying, adding to, or proposing the
29		amending of the report previously filed. The person who is the
30		subject of the report shall also submit with the written
31		statement any medical records related to the report. The
32		statement and accompanying medical records shall become a
33		permanent part of the file and must be received by the
34		Disciplinary Board no more than 30 60 days after the date on

1		which the person was notified by the Disciplinary Board of the
2		existence of the original report.
3		The Disciplinary Board shall review all reports received by
4		it, together with any supporting information and responding
5		statements submitted by persons who are the subject of reports.
6		The review by the Disciplinary Board shall be in a timely
7		manner but in no event, shall the Disciplinary Board's initial
8		review of the material contained in each disciplinary file be
9		less than 61 days nor more than 180 days after the receipt of
10		the initial report by the Disciplinary Board.
11		When the Disciplinary Board makes its initial review of the
12		materials contained within its disciplinary files, the
13		Disciplinary Board shall, in writing, make a determination as
14		to whether there are sufficient facts to warrant further
15		investigation or action. Failure to make such determination
16		within the time provided shall be deemed to be a determination
17		that there are not sufficient facts to warrant further
18		investigation or action.
19		Should the Disciplinary Board find that there are not
20		sufficient facts to warrant further investigation, or action,
21		the report shall be accepted for filing and the matter shall be
22		deemed closed and so reported to the Director. The Director
23		shall then have 30 days to accept the Medical Disciplinary
24		Board's decision or request further investigation. The
25		Director shall inform the Board in writing of the decision to
26		request further investigation, including the specific reasons
27		for the decision. The individual or entity filing the original
28		report or complaint and the person who is the subject of the
29		report or complaint shall be notified in writing by the
30		Director of any final action on their report or complaint.
31		(F) Summary reports. The Disciplinary Board shall prepare,
32		on a timely basis, but in no event less than one every other
33		month, a summary report of final actions taken upon
34		disciplinary files maintained by the Disciplinary Board. The

1		summary reports shall be sent by the Disciplinary Board to
2		every health care facility licensed by the Illinois Department
3		of Public Health, every professional association and society of
4		persons licensed under this Act functioning on a statewide
5		basis in this State, the American Medical Association, the
6		American Osteopathic Association, the American Chiropractic
7		Association, all insurers providing professional liability
8		insurance to persons licensed under this Act in the State of
9		Illinois, the Federation of State Medical Licensing Boards, and
10		the Illinois Pharmacists Association.
11		(G) Any violation of this Section shall be a Class A
12		misdemeanor.
13		(H) If any such person violates the provisions of this
14		Section an action may be brought in the name of the People of
15		the State of Illinois, through the Attorney General of the
16		State of Illinois, for an order enjoining such violation or for
17		an order enforcing compliance with this Section. Upon filing of
18		a verified petition in such court, the court may issue a
19		temporary restraining order without notice or bond and may
20		preliminarily or permanently enjoin such violation, and if it
21		is established that such person has violated or is violating
22		the injunction, the court may punish the offender for contempt
23		of court. Proceedings under this paragraph shall be in addition
24		to, and not in lieu of, all other remedies and penalties
25		provided for by this Section.
26		(Source: P.A. 89-18, eff. 6-1-95; 89-702, eff. 7-1-97; 90-699,
27		eff. 1-1-99.)
28		(225 ILCS 60/24) (from Ch. 111, par. 4400-24)
29		(Section scheduled to be repealed on January 1, 2007)
30		Sec. 24. Report of violations; medical associations. Any
31		physician licensed under this Act, the Illinois State Medical
32		Society, the Illinois Association of Osteopathic Physicians
33		and Surgeons, the Illinois Chiropractic Society, the Illinois

1		Prairie State Chiropractic Association, or any component
2		societies of any of these 4 groups, and any other person, may
3		report to the Disciplinary Board any information the physician,
4		association, society, or person may have that appears to show
5		that a physician is or may be in violation of any of the
6		provisions of Section 22 of this Act.
7		The Department may enter into agreements with the Illinois
8		State Medical Society, the Illinois Association of Osteopathic
9		Physicians and Surgeons, the Illinois Prairie State
10		Chiropractic Association, or the Illinois Chiropractic Society
11		to allow these organizations to assist the Disciplinary Board
12		in the review of alleged violations of this Act. Subject to the
13		approval of the Department, any organization party to such an
14		agreement may subcontract with other individuals or
15		organizations to assist in review.
16		Any physician, association, society, or person
17		participating in good faith in the making of a report, under
18		this Act or participating in or assisting with an investigation
19		or review under this Act Section shall have immunity from any
20		civil, criminal, or other liability that might result by reason
21		of those actions.
22		The medical information in the custody of an entity under
23		contract with the Department participating in an investigation
24		or review shall be privileged and confidential to the same
25		extent as are information and reports under the provisions of
26		Part 21 of Article VIII of the Code of Civil Procedure.
27		Upon request by the Department after a mandatory report has
28		been filed with the Department, an attorney for any party
29		seeking to recover damages for injuries or death by reason of
30		medical, hospital, or other healing art malpractice shall
31		provide patient records related to the physician involved in
32		the disciplinary proceeding to the Department within 30 days of
33		the Department's request for use by the Department in any
34		disciplinary matter under this Act. An attorney who provides

1		patient records to the Department in accordance with this
2		requirement shall not be deemed to have violated any
3		attorney-client privilege. Notwithstanding any other provision
4		of law, consent by a patient shall not be required for the
5		provision of patient records in accordance with this
6		requirement.
7		For the purpose of any civil or criminal proceedings, the
8		good faith of any physician, association, society or person
9		shall be presumed. The Disciplinary Board may request the
10		Illinois State Medical Society, the Illinois Association of
11		Osteopathic Physicians and Surgeons, the Illinois Prairie
12		State Chiropractic Association, or the Illinois Chiropractic
13		Society to assist the Disciplinary Board in preparing for or
14		conducting any medical competency examination as the Board may
15		deem appropriate.
16		(Source: P.A. 88-324.)
17		(225 ILCS 60/36) (from Ch. 111, par. 4400-36)
18		(Section scheduled to be repealed on January 1, 2007)
19		Sec. 36. Upon the motion of either the Department or the
20		Disciplinary Board or upon the verified complaint in writing of
21		any person setting forth facts which, if proven, would
22		constitute grounds for suspension or revocation under Section
23		22 of this Act, the Department shall investigate the actions of
24		any person, so accused, who holds or represents that they hold
25		a license. Such person is hereinafter called the accused.
26		The Department shall, before suspending, revoking, placing
27		on probationary status, or taking any other disciplinary action
28		as the Department may deem proper with regard to any license at
29		least 30 days prior to the date set for the hearing, notify the
30		accused in writing of any charges made and the time and place
31		for a hearing of the charges before the Disciplinary Board,
32		direct them to file their written answer thereto to the
33		Disciplinary Board under oath within 20 days after the service

1		on them of such notice and inform them that if they fail to
2		file such answer default will be taken against them and their
3		license may be suspended, revoked, placed on probationary
4		status, or have other disciplinary action, including limiting
5		the scope, nature or extent of their practice, as the
6		Department may deem proper taken with regard thereto.
7		Where a physician has been found, upon complaint and
8		investigation of the Department, and after hearing, to have
9		performed an abortion procedure in a wilful and wanton manner
10		upon a woman who was not pregnant at the time such abortion
11		procedure was performed, the Department shall automatically
12		revoke the license of such physician to practice medicine in
13		Illinois.
14		Such written notice and any notice in such proceedings
15		thereafter may be served by delivery of the same, personally,
16		to the accused person, or by mailing the same by registered or
17		certified mail to the address last theretofore specified by the
18		accused in their last notification to the Department.
19		All information gathered by the Department during its
20		investigation including information subpoenaed under Section
21		23 or 38 of this Act and the investigative file shall be kept
22		for the confidential use of the Director, Disciplinary Board,
23		the Medical Coordinators, persons employed by contract to
24		advise the Medical Coordinator or the Department, the
25		Disciplinary Board's attorneys, the medical investigative
26		staff, and authorized clerical staff, as provided in this Act
27		and shall be afforded the same status as is provided
28		information concerning medical studies in Part 21 of Article
29		VIII of the Code of Civil Procedure, except that the Department
30		may disclose information and documents to a federal, State, or
31		local law enforcement agency pursuant to a subpoena in an
32		ongoing criminal investigation. Furthermore, information and
33		documents disclosed to a federal, State, or local law
34		enforcement agency may be used by that agency only for the

1		investigation and prosecution of a criminal offense.
2		(Source: P.A. 90-699, eff. 1-1-99.)

3		Section 320. The Clerks of Courts Act is amended by adding
4		Section 27.10 as follows:
5		(705 ILCS 105/27.10 new)
6		Sec. 27.10. Director of Insurance. Each clerk of the
7		circuit court shall provide to the Director of Insurance such
8		information as the Director of Insurance requests under Section
9		155.19 of the Illinois Insurance Code.

10		Section 325. The Health Care Arbitration Act is amended by
11		changing Sections 8 and 9 as follows:
12		(710 ILCS 15/8) (from Ch. 10, par. 208)
13		Sec. 8. Conditions. Every health care arbitration
14		agreement shall be subject to the following conditions:
15		(a) The agreement is not a condition to the rendering of
16		health care services by any party and the agreement has been
17		executed by the recipient of health care services at the time
18		of the discharge planning process or at the time of discharge
19		after the last date of treatment inception of or during the
20		term of provision of services for a specific cause by either a
21		health care provider or a hospital; and
22		(b) The agreement is a separate instrument complete in
23		itself and not a part of any other contract or instrument and
24		an executed copy of the agreement shall be provided to the
25		patient or the patient's legal representative upon signing; and
26		(c) The agreement may not limit, impair, or waive any
27		substantive rights or defenses of any party, including the
28		statute of limitations; and
29		(d) The agreement shall not limit, impair, or waive the
30		procedural rights to be heard, to present material evidence, to

1		cross-examine witnesses, and to be represented by an attorney,
2		or other procedural rights of due process of any party.
3		(e) As a part of the discharge planning process the patient
4		or, if appropriate, members of his family must be given a copy
5		of the health care arbitration agreement previously executed by
6		or for the patient and shall re-affirm it.
7		Failure to comply with this provision during the discharge
8		planning process shall void the health care arbitration
9		agreement.
10		(Source: P.A. 80-1012.)
11		(710 ILCS 15/9) (from Ch. 10, par. 209)
12		Sec. 9. Mandatory Provisions.
13		(a) Every health care arbitration agreement shall be
14		clearly captioned "Health Care Arbitration Agreement".
15		(b) Every health care arbitration agreement in relation to
16		health care services rendered during hospitalization shall
17		specify the date of commencement of hospitalization. Every
18		health care arbitration agreement in relation to health care
19		services not rendered during hospitalization shall state the
20		specific cause for which the services are provided.
21		(c) Every health care arbitration agreement may be
22		cancelled by any signatory (1) within 60 days of its execution
23		or within 60 days of the date of the patient's discharge from
24		the hospital, whichever is later, as to an agreement in
25		relation to health care services rendered during
26		hospitalization, provided, that if executed other than at the
27		time of discharge of the patient from the hospital, the health
28		care arbitration agreement be reaffirmed at the time of the
29		discharge planning process in the same manner as provided for
30		in the execution of the original agreement; or (2) within 60
31		days of the date of its execution, or the last date of
32		treatment by the health care provider, whichever is later, as
33		to an agreement in relation to health care services not

1		rendered during hospitalization. Provided, that No health care
2		arbitration agreement shall be valid after 5 2 years from the
3		date of its execution. An employee of a hospital or health care
4		provider who is not a signatory to an agreement may cancel such
5		agreement as to himself until 30 days following his
6		notification that he is a party to a dispute or issue on which
7		arbitration has been demanded pursuant to such agreement. If
8		any person executing a health care arbitration agreement dies
9		before the period of cancellation as outlined above, the
10		personal representative of the decedent shall have the right to
11		cancel the health care arbitration agreement within 60 days of
12		the date of his appointment as the legal representative of the
13		decedent's estate. Provided, that if no legal representative is
14		appointed within 6 months of the death of said decedent the
15		next of kin of such decedent shall have the right to cancel the
16		health care arbitration agreement within 8 months from the date
17		of death.
18		(d) Every health care arbitration agreement shall contain
19		immediately above the signature lines, in upper case type in
20		printed letters of at least 3/16 inch height, a caption and
21		paragraphs as follows:
22		"AGREEMENT TO ARBITRATE HEALTH CARE
23		NEGLIGENCE CLAIMS
24		NOTICE TO PATIENT
25		YOU CANNOT BE REQUIRED TO SIGN THIS AGREEMENT IN ORDER TO
26		RECEIVE TREATMENT. BY SIGNING THIS AGREEMENT, YOUR RIGHT TO
27		TRIAL BY A JURY OR A JUDGE IN A COURT WILL BE BARRED AS TO
28		ANY DISPUTE RELATING TO INJURIES THAT MAY RESULT FROM
29		NEGLIGENCE DURING YOUR TREATMENT OR CARE, AND WILL BE
30		REPLACED BY AN ARBITRATION PROCEDURE.
31		THIS AGREEMENT MAY BE CANCELLED WITHIN 120 60 DAYS OF
32		SIGNING OR 60 DAYS AFTER YOUR HOSPITAL DISCHARGE OR 60 DAYS
33		AFTER YOUR LAST MEDICAL TREATMENT IN RELATION TO HEALTH
34		CARE SERVICES NOT RENDERED DURING HOSPITALIZATION.

1		THIS AGREEMENT PROVIDES THAT ANY CLAIMS WHICH MAY ARISE OUT
2		OF YOUR HEALTH CARE WILL BE SUBMITTED TO A PANEL OF
3		ARBITRATORS, RATHER THAN TO A COURT FOR DETERMINATION. THIS
4		AGREEMENT REQUIRES ALL PARTIES SIGNING IT TO ABIDE BY THE
5		DECISION OF THE ARBITRATION PANEL."
6		(e) An an executed copy of the AGREEMENT TO ARBITRATE
7		HEALTH CARE CLAIMS and any reaffirmation of that agreement as
8		required by this Act shall be given to the patient or the
9		patient's legally authorized representative upon signing
10		during the time of the discharge planning process or at the
11		time of discharge.
12		(Source: P.A. 91-156, eff. 1-1-00.)

13		Section 330. The Code of Civil Procedure is amended by
14		changing Sections 2-402, 2-622, 2-1107.1, 2-1109, 2-1702,
15		2-1704, 8-1901, and 8-2501 and by adding Sections 2-1105.01,
16		2-1720, and 2-1721 as follows:
17		(735 ILCS 5/2-402) (from Ch. 110, par. 2-402)
18		(Text of Section WITHOUT the changes made by P.A. 89-7,
19		which has been held unconstitutional)
20		Sec. 2-402. Respondents in discovery. The plaintiff in any
21		civil action may designate as respondents in discovery in his
22		or her pleading those individuals or other entities, other than
23		the named defendants, believed by the plaintiff to have
24		information essential to the determination of who should
25		properly be named as additional defendants in the action.
26		Persons or entities so named as respondents in discovery
27		shall be required to respond to discovery by the plaintiff in
28		the same manner as are defendants and may, on motion of the
29		plaintiff, be added as defendants if the evidence discloses the
30		existence of probable cause for such action.
31		A person or entity named a respondent in discovery may upon
32		his or her own motion be made a defendant in the action, in

1		which case the provisions of this Section are no longer
2		applicable to that person.
3		A copy of the complaint shall be served on each person or
4		entity named as a respondent in discovery.
5		Each respondent in discovery shall be paid expenses and
6		fees as provided for witnesses.
7		A person or entity named as a respondent in discovery in
8		any civil action may be made a defendant in the same action at
9		any time within 6 months after being named as a respondent in
10		discovery, even though the time during which an action may
11		otherwise be initiated against him or her may have expired
12		during such 6 month period. Extensions of this 6-month period
13		shall be permitted only for (i) a failure or refusal on the
14		part of the respondent to comply with timely filed discovery or
15		(ii) withdrawal of plaintiff's counsel. Only one extension from
16		the original 6-month period may be granted for up to 90 days at
17		the discretion of the court.
18		This amendatory Act of the 93rd General Assembly applies to
19		causes of action pending on or after its effective date.
20		(Source: P.A. 86-483.)
21		(735 ILCS 5/2-622) (from Ch. 110, par. 2-622)
22		(Text of Section WITHOUT the changes made by P.A. 89-7,
23		which has been held unconstitutional)
24		Sec. 2-622. Healing art malpractice.
25		(a) In any action, whether in tort, contract or otherwise,
26		in which the plaintiff seeks damages for injuries or death by
27		reason of medical, hospital, or other healing art malpractice,
28		the plaintiff's attorney or the plaintiff, if the plaintiff is
29		proceeding pro se, shall file an affidavit, attached to the
30		original and all copies of the complaint, declaring one of the
31		following:
32		1. That the affiant has consulted and reviewed the
33		facts of the case with a health professional who the

1		affiant reasonably believes: (i) is knowledgeable in the
2		relevant issues involved in the particular action; (ii)
3		practices or has practiced within the last 5 6 years or
4		teaches or has taught within the last 5 6 years in the same
5		area of health care or medicine that is at issue in the
6		particular action; and (iii) meets the minimum expert
7		witness requirements set forth in Section 8-2501; and (iv)
8		is qualified by significant experience with the standard of
9		care, methods, procedures, and treatments relevant to the
10		allegations against the defendant; is qualified by
11		experience or demonstrated competence in the subject of the
12		case; that the reviewing health professional has
13		determined in a written report, after a review of the
14		medical record and other relevant material involved in the
15		particular action that there is a reasonable and
16		meritorious cause for the filing of such action; and that
17		the affiant has concluded on the basis of the reviewing
18		health professional's review and consultation that there
19		is a reasonable and meritorious cause for filing of such
20		action. A single written report must be filed to cover each
21		defendant in the action. As to defendants who are
22		individuals, the If the affidavit is filed as to a
23		defendant who is a physician licensed to treat human
24		ailments without the use of drugs or medicines and without
25		operative surgery, a dentist, a podiatrist, a
26		psychologist, or a naprapath, The written report must be
27		from a health professional licensed in the same profession,
28		with the same class of license, as the defendant. For
29		written reports affidavits filed as to all other
30		defendants, who are not individuals, the written report
31		must be from a physician licensed to practice medicine in
32		all its branches who is qualified by experience with the
33		standard of care, methods, procedures and treatments
34		relevant to the allegations at issue in the case. In either

1		event, the written report affidavit must identify the
2		profession of the reviewing health professional. A copy of
3		the written report, clearly identifying the plaintiff and
4		the reasons for the reviewing health professional's
5		determination that a reasonable and meritorious cause for
6		the filing of the action exists, must be attached to the
7		affidavit, but information which would identify the
8		reviewing health professional may be deleted from the copy
9		so attached. The report must contain the affirmations set
10		forth in items (i) through (iv) of this paragraph 1. At the
11		first Supreme Court Rule 218 case management conference,
12		the plaintiff shall present to the court the original
13		signed health professional's report, along with a copy of
14		the consultant's current license and curriculum vitae, for
15		an in camera inspection. The court shall verify whether the
16		report and affidavit comply with the requirements of this
17		paragraph 1. The court, in verifying whether the report and
18		affidavit comply with the requirements of this paragraph 1,
19		shall determine whether the physician preparing the report
20		is qualified and the determination shall be either in
21		writing or transcribed. If the court finds that the report,
22		the consultant's current curriculum vitae, or the
23		affidavit is deficient, the court may request from the
24		plaintiff all documents it deems necessary to make its
25		decision and shall allow for a reasonable opportunity to
26		provide any requested documents and to amend that report or
27		affidavit; provided, if the statute of limitations has
28		tolled, the judge may grant only one extension not
29		exceeding 90 days. The court's verification as to whether
30		the physician preparing the report is qualified shall be
31		issued to all parties and be made a part of the official
32		record. The original report, the copy of the consultant's
33		current license and curriculum vitae, and any documents
34		requested by the court shall remain under seal and part of

1		the court record. Notwithstanding the other provisions of
2		this Section, the judge may disclose the name and address
3		of the reviewing health professional upon a showing of good
4		cause by the defendant challenging the qualifications of
5		the professional. If the information is disclosed, at the
6		trial level, then it shall be confidential and it shall not
7		be disclosed by the defendant to a third party.
8		2. That the affiant was unable to obtain a consultation
9		required by paragraph 1 because a statute of limitations
10		would impair the action and the consultation required could
11		not be obtained before the expiration of the statute of
12		limitations. If an affidavit is executed pursuant to this
13		paragraph, the affidavit certificate and written report
14		required by paragraph 1 shall be filed within 90 days after
15		the filing of the complaint. No additional 90-day
16		extensions shall be granted, except where there has been a
17		withdrawal of the plaintiff's counsel. The defendant shall
18		be excused from answering or otherwise pleading until 30
19		days after being served with an affidavit and a report a
20		certificate required by paragraph 1.
21		3. That a request has been made by the plaintiff or his
22		attorney for examination and copying of records pursuant to
23		Part 20 of Article VIII of this Code and the party required
24		to comply under those Sections has failed to produce such
25		records within 60 days of the receipt of the request. If an
26		affidavit is executed pursuant to this paragraph, the
27		affidavit certificate and written report required by
28		paragraph 1 shall be filed within 90 days following receipt
29		of the requested records. All defendants except those whose
30		failure to comply with Part 20 of Article VIII of this Code
31		is the basis for an affidavit under this paragraph shall be
32		excused from answering or otherwise pleading until 30 days
33		after being served with the affidavit and report
34		certificate required by paragraph 1.

1		(b) Where an affidavit a certificate and written report are
2		required pursuant to this Section a separate affidavit
3		certificate and written report shall be filed as to each
4		defendant who has been named in the complaint and shall be
5		filed as to each defendant named at a later time.
6		(c) Where the plaintiff intends to rely on the doctrine of
7		"res ipsa loquitur", as defined by Section 2-1113 of this Code,
8		the affidavit certificate and written report must state that,
9		in the opinion of the reviewing health professional, negligence
10		has occurred in the course of medical treatment. The affiant
11		shall certify upon filing of the complaint that he is relying
12		on the doctrine of "res ipsa loquitur".
13		(d) When the attorney intends to rely on the doctrine of
14		failure to inform of the consequences of the procedure, the
15		attorney shall certify upon the filing of the complaint that
16		the reviewing health professional has, after reviewing the
17		medical record and other relevant materials involved in the
18		particular action, concluded that a reasonable health
19		professional would have informed the patient of the
20		consequences of the procedure.
21		(e) Allegations and denials in the affidavit, made without
22		reasonable cause and found to be untrue, shall subject the
23		party pleading them or his attorney, or both, to the payment of
24		reasonable expenses, actually incurred by the other party by
25		reason of the untrue pleading, together with reasonable
26		attorneys' fees to be summarily taxed by the court upon motion
27		made within 30 days of the judgment or dismissal. In no event
28		shall the award for attorneys' fees and expenses exceed those
29		actually paid by the moving party, including the insurer, if
30		any. In proceedings under this paragraph (e), the moving party
31		shall have the right to depose and examine any and all
32		reviewing health professionals who prepared reports used in
33		conjunction with an affidavit required by this Section.
34		(f) A reviewing health professional who in good faith

1		prepares a report used in conjunction with an affidavit
2		required by this Section shall have civil immunity from
3		liability which otherwise might result from the preparation of
4		such report.
5		(g) The failure of the plaintiff to file an affidavit and
6		report in compliance with to file a certificate required by
7		this Section shall be grounds for dismissal with prejudice
8		under Section 2-619.
9		(h) This Section does not apply to or affect any actions
10		pending at the time of its effective date, but applies to cases
11		filed on or after its effective date.
12		(i) This amendatory Act of 1997 does not apply to or
13		affect any actions pending at the time of its effective date,
14		but applies to cases filed on or after its effective date.
15		(j) This amendatory Act of the 93rd General Assembly
16		applies to causes of action accruing on or after its effective
17		date.
18		(Source: P.A. 86-646; 90-579, eff. 5-1-98.)
19		(735 ILCS 5/2-1105.01 new)
20		Sec. 2-1105.01. Personal assets protected in healing art
21		malpractice cases. In all cases, whether tort, contract, or
22		otherwise, in which the plaintiff seeks damages by reason of
23		medical healing art malpractice, the amount of the recovery
24		shall be limited to an amount that is covered by the
25		physician's medical malpractice insurance or liability
26		insurance provided the physician maintains at least a minimum
27		of $1,000,000 in insurance coverage per occurrence and
28		$3,000,000 in the aggregate. Corporate assets are subject to
29		attachment for satisfaction of a judgment. In no event shall a
30		physician be liable in an amount that would cause him or her to
31		forfeit any of his or her personal assets.
32		(735 ILCS 5/2-1107.1) (from Ch. 110, par. 2-1107.1)

1		(Text of Section WITHOUT the changes made by P.A. 89-7,
2		which has been held unconstitutional)
3		Sec. 2-1107.1. Jury instruction in tort actions.
4		(a) In all actions on account of bodily injury or death or
5		physical damage to property based on negligence, or product
6		liability based on strict tort liability, the court shall
7		instruct the jury in writing that the defendant shall be found
8		not liable if the jury finds that the contributory fault of the
9		plaintiff is more than 50% of the proximate cause of the injury
10		or damage for which recovery is sought.
11		(b) In all healing art malpractice actions, the court shall
12		instruct the jury in writing, to the extent that it is true,
13		that any award of compensatory damages will not be taxable
14		under federal or State income tax law.
15		The changes to this Section made by this amendatory Act of
16		the 93rd General Assembly apply to causes of action filed on or
17		after its effective date.
18		(Source: P.A. 84-1431.)
19		(735 ILCS 5/2-1109) (from Ch. 110, par. 2-1109)
20		(Text of Section WITHOUT the changes made by P.A. 89-7,
21		which has been held unconstitutional)
22		Sec. 2-1109. Itemized verdicts.
23		(a) In every case where damages for bodily injury or death
24		to the person are assessed by the jury the verdict shall be
25		itemized so as to reflect the monetary distribution, if any,
26		among economic loss and non-economic loss, if any, and, in
27		healing art medical malpractice cases, further itemized so as
28		to reflect the distribution of economic loss by category, such
29		itemization of economic loss by category to include: (a)
30		amounts intended to compensate for reasonable expenses which
31		have been incurred, or which will be incurred, for necessary
32		medical, surgical, x-ray, dental, or other health or
33		rehabilitative services, drugs, and therapy; (b) amounts

1		intended to compensate for lost wages or loss of earning
2		capacity; and (c) all other economic losses claimed by the
3		plaintiff or granted by the jury. Each category of economic
4		loss shall be further itemized into amounts intended to
5		compensate for losses which have been incurred prior to the
6		verdict and amounts intended to compensate for future losses
7		which will be incurred in the future.
8		(b) In all actions on account of bodily injury or death
9		based on negligence, including healing art malpractice
10		actions, the following terms have the following meanings:
11		(i) "Economic loss" or "economic damages" means all
12		damages that are tangible, such as damages for past and
13		future medical expenses, loss of income or earnings and
14		other property loss.
15		(ii) "Non-economic loss" or "non-economic damages"
16		means damages that are intangible, including but not
17		limited to damages for pain and suffering, disability,
18		disfigurement, loss of consortium, and loss of society.
19		(iii) "Compensatory damages" or "actual damages" are
20		the sum of economic and non-economic damages.
21		(c) Nothing in this Section shall be construed to create a
22		cause of action.
23		(d) This amendatory Act of the 93rd General Assembly
24		applies to causes of action filed on or after its effective
25		date.
26		(Source: P.A. 84-7.)
27		(735 ILCS 5/2-1702) (from Ch. 110, par. 2-1702)
28		(Text of Section WITHOUT the changes made by P.A. 89-7,
29		which has been held unconstitutional)
30		Sec. 2-1702. Economic/Non-Economic Loss. As used in this
31		Part, "economic loss" and "non-economic loss" have the same
32		meanings as in Section 2-1109(b). :
33		(a) "Economic loss" means all pecuniary harm for which

1		damages are recoverable.
2		(b) "Non-economic loss" means loss of consortium and all
3		nonpecuniary harm for which damages are recoverable,
4		including, without limitation, damages for pain and suffering,
5		inconvenience, disfigurement, and physical impairment.
6		(Source: P.A. 84-7.)
7		(735 ILCS 5/2-1704) (from Ch. 110, par. 2-1704)
8		Sec. 2-1704. Healing art malpractice Medical Malpractice
9		Action. As used in this Code Part, "healing art medical
10		malpractice action" means any action, whether in tort, contract
11		or otherwise, in which the plaintiff seeks damages for injuries
12		or death by reason of medical, hospital, or other healing art
13		malpractice including but not limited to medical, hospital,
14		nursing, dental, or podiatric malpractice. The term "healing
15		art" shall not include care and treatment by spiritual means
16		through prayer in accord with the tenets and practices of a
17		recognized church or religious denomination.
18		(Source: P.A. 84-7.)
19		(735 ILCS 5/2-1720 new)
20		Sec. 2-1720. The Blue Ribbon Commission.
21		(a) The General Assembly finds as follows:
22		(1) The existing system for resolving medical
23		malpractice disputes has adversely affected the access to
24		and provision of health care in Illinois. Large jury
25		verdicts have resulted in high malpractice insurance
26		premiums and, in some cases, a complete denial of coverage.
27		As a result, some physicians have either relocated their
28		practices or retired from the practice of medicine. This
29		adversely affects the ability of the citizens of this State
30		to obtain high-quality health care, which, in turn,
31		adversely affects the economic and social viability of our
32		communities.

1		(2) Adoption of alternative dispute resolution
2		systems, including but not limited to no fault, mandatory
3		mediation, or some elements of the workers' compensation
4		system, including but not limited to the administrative
5		adjudication of disputes by qualified arbitrators, may
6		result in more equitable resolution of medical malpractice
7		disputes than the current system.
8		(b) There is created the Blue Ribbon Commission on Medical
9		Malpractice Reform consisting of the following:
10		(1) The President of the Senate, the Minority Leader of
11		the Senate, the Speaker of the House of Representatives,
12		and the Minority Leader of the House of Representatives
13		shall each appoint one member.
14		(2) The President of the Senate and the Speaker of the
15		House of Representatives shall jointly select a certified
16		actuary to serve as a member.
17		(3) The Minority Leader of the Senate and the Minority
18		Leader of the House of Representatives shall jointly select
19		a certified actuary to serve as a member.
20		(4) One additional member as designated by each of the
21		following groups:
22		(A) The Illinois Trial Lawyers Association.
23		(B) The Illinois State Medical Society.
24		(C) The Illinois State Bar Association.
25		(D) The Illinois Hospital Association.
26		(E) The Illinois Long Term Care Association.
27		(F) The ISMIE Mutual Insurance Company.
28		(G) The American Insurance Association.
29		(H) The Illinois Insurance Association.
30		(I) The Chicago Bar Association.
31		(c) The Commission shall elect one of its legislative
32		members to serve as chairperson. The Commission shall meet at
33		the call of the chairperson. Members of the Commission shall
34		not be compensated for their service, but shall be reimbursed

1		for the actual expenses incurred in the performance of their
2		duties. The General Assembly shall provide technical and other
3		support services to the Commission as needed.
4		(d) The Commission shall study the advisability of
5		implementing an alternative system for the resolution of
6		healing art malpractice disputes including but not limited to
7		no fault, mandatory mediation and some elements of the current
8		workers' compensation system, including but not limited to the
9		administrative adjudication of disputes by qualified
10		arbitrators. The Commission shall consider funding mechanisms,
11		constitutional and other legal issues, economic issues, and any
12		other matters deemed advisable by the Commission.
13		The Commission shall report its findings and specific
14		recommendations to the Governor and the General Assembly no
15		later than March 1, 2005.
16		(735 ILCS 5/2-1721 new)
17		Sec. 2-1721. Hospitals; apparent, implied, or ostensible
18		agency. A hospital shall not be liable for the conduct of a
19		non-employee member of its medical staff under any claim based
20		upon apparent, implied, or ostensible agency as a matter of
21		law, provided:
22		(1) the specific member of the hospital's medical staff
23		personally informed the patient, or his or her legal
24		representative if present, before rendering treatment,
25		that he or she was not an agent or employee of the
26		hospital;
27		(2) the patient was unconscious or unaware of his or
28		her surroundings when brought to the hospital and the
29		patient's legal representative was not present at that
30		time; or
31		(3) the patient or the patient's representative signed
32		a separate document acknowledging an awareness that the
33		physicians treating the patient are not the agents of the

1		hospital.
2		This amendatory Act of the 93rd General Assembly applies to
3		causes of action accruing on or after its effective date.
4		(735 ILCS 5/8-1901) (from Ch. 110, par. 8-1901)
5		Sec. 8-1901. Admission of liability - Effect.
6		(a) The providing of, or payment for, medical, surgical,
7		hospital, or rehabilitation services, facilities, or equipment
8		by or on behalf of any person, or the offer to provide, or pay
9		for, any one or more of the foregoing, shall not be construed
10		as an admission of any liability by such person or persons.
11		Testimony, writings, records, reports or information with
12		respect to the foregoing shall not be admissible in evidence as
13		an admission of any liability in any action of any kind in any
14		court or before any commission, administrative agency, or other
15		tribunal in this State, except at the instance of the person or
16		persons so making any such provision, payment or offer.
17		(b) Any expression of grief, apology, remedial action, or
18		explanation provided by a health care provider, including, but
19		not limited to, a statement that the health care provider is
20		"sorry" for the outcome to a patient, the patient's family, or
21		the patient's legal representative about an inadequate or
22		unanticipated treatment or care outcome that is provided within
23		72 hours of when the provider knew or should have known of the
24		potential cause of such outcome shall not be admissible as
25		evidence in any action of any kind in any court or before any
26		tribunal, board, agency, or person. The disclosure of any such
27		information, whether proper, or improper, shall not waive or
28		have any effect upon its confidentiality or inadmissibility. As
29		used in this Section, a "health care provider" is any hospital,
30		nursing home or other facility, or employee or agent thereof, a
31		physician, or other licensed health care professional. Nothing
32		in this Section precludes the discovery or admissibility of any
33		other facts regarding the patient's treatment or outcome as

1		otherwise permitted by law.
2		(Source: P.A. 82-280.)
3		(735 ILCS 5/8-2501) (from Ch. 110, par. 8-2501)
4		(Text of Section WITHOUT the changes made by P.A. 89-7,
5		which has been held unconstitutional)
6		Sec. 8-2501. Expert Witness Standards. In any case in which
7		the standard of care applicable to given by a medical
8		professional profession is at issue, the court shall apply the
9		following standards to determine if a witness qualifies as an
10		expert witness and can testify on the issue of the appropriate
11		standard of care.
12		(a) Whether the witness is board certified or board
13		eligible in the same or substantially similar medical
14		specialties as the defendant and is qualified by experience
15		with the standard of care, methods, procedures, and treatments
16		relevant to the allegations against the defendant Relationship
17		of the medical specialties of the witness to the medical
18		problem or problems and the type of treatment administered in
19		the case;
20		(b) Whether the witness has devoted a majority substantial
21		portion of his or her work time to the practice of medicine,
22		teaching or University based research in relation to the
23		medical care and type of treatment at issue which gave rise to
24		the medical problem of which the plaintiff complains;
25		(c) whether the witness is licensed in the same profession
26		with the same class of license as the defendant if the
27		defendant is an individual; and
28		(d) whether, in the case against a nonspecialist, the
29		witness can demonstrate a sufficient familiarity with the
30		standard of care practiced in this State.
31		An expert shall provide proof of active practice, teaching,
32		or engaging in university-based research. If retired, an expert
33		must provide proof of attendance and completion of continuing

1		education courses for 3 years previous to giving testimony. An
2		expert who has not actively practiced, taught, or been engaged
3		in university-based research for 10 years may not be qualified
4		as an expert witness.
5		This amendatory Act of the 93rd General Assembly applies to
6		causes of action filed on or after its effective date.
7		(Source: P.A. 84-7.)

8		Section 340. The Good Samaritan Act is amended by changing
9		Section 30 as follows:
10		(745 ILCS 49/30)
11		Sec. 30. Free medical clinic; exemption from civil
12		liability for services performed without compensation.
13		(a) A person licensed under the Medical Practice Act of
14		1987, a person licensed to practice the treatment of human
15		ailments in any other state or territory of the United States,
16		or a health care professional, including but not limited to an
17		advanced practice nurse, retired physician, physician
18		assistant, nurse, pharmacist, physical therapist, podiatrist,
19		or social worker licensed in this State or any other state or
20		territory of the United States, who, in good faith, provides
21		medical treatment, diagnosis, or advice as a part of the
22		services of an established free medical clinic providing care,
23		including but not limited to home visits, without charge to
24		medically indigent patients which is limited to care that does
25		not require the services of a licensed hospital or ambulatory
26		surgical treatment center and who receives no fee or
27		compensation from that source shall not be liable for civil
28		damages as a result of his or her acts or omissions in
29		providing that medical treatment, except for willful or wanton
30		misconduct.
31		(b) For purposes of this Section, a "free medical clinic"
32		is an organized community based program providing medical care

1		without charge to individuals unable to pay for it, at which
2		the care provided does not include the use of general
3		anesthesia or require an overnight stay in a health-care
4		facility.
5		(c) The provisions of subsection (a) of this Section do not
6		apply to a particular case unless the free medical clinic has
7		posted in a conspicuous place on its premises an explanation of
8		the exemption from civil liability provided herein.
9		(d) The immunity from civil damages provided under
10		subsection (a) also applies to physicians, retired physicians,
11		hospitals, and other health care providers that provide further
12		medical treatment, diagnosis, or advice, including but not
13		limited to hospitalization, office visits, and home visits, to
14		a patient upon referral from an established free medical clinic
15		without fee or compensation.
16		(d-5) A free medical clinic may receive reimbursement from
17		the Illinois Department of Public Aid or may receive partial
18		reimbursement from a patient based upon his or her ability to
19		pay, provided any reimbursements shall be used only to pay
20		overhead expenses of operating the free medical clinic and may
21		not be used, in whole or in part, to provide a fee or other
22		compensation to any person licensed under the Medical Practice
23		Act of 1987 or any other health care professional who is
24		receiving an exemption under this Section. Medical care shall
25		not include an overnight stay in a health care facility.
26		(e) Nothing in this Section prohibits a free medical clinic
27		from accepting voluntary contributions for medical services
28		provided to a patient who has acknowledged his or her ability
29		and willingness to pay a portion of the value of the medical
30		services provided.
31		(f) Any voluntary contribution collected for providing
32		care at a free medical clinic shall be used only to pay
33		overhead expenses of operating the clinic. No portion of any
34		moneys collected shall be used to provide a fee or other

1		compensation to any person licensed under Medical Practice Act
2		of 1987.
3		(g) This amendatory Act of the 93rd General Assembly
4		applies to causes of action accruing on or after its effective
5		date.
6		(Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)

ARTICLE 4. SORRY WORKS! PILOT PROGRAM ACT

8		Section 401. Short title. This Article 4 may be cited as
9		the Sorry Works! Pilot Program Act, and references in this
10		Article to "this Act" mean this Article.

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21		Section 410. Establishment of committee.
22		(a) A committee is established to develop, oversee, and
23		implement the Sorry Works! pilot program. The committee shall
24		have 12 members, each of whom shall be a voting member. Seven
25		members of the committee shall constitute a quorum. The
26		committee shall be comprised as follows:
27		(1) One representative of the Illinois Department of
28		Insurance;
29		(2) One representative of the Illinois Department of
30		Professional Regulation;
31		(3) Two representatives of the Illinois State Medical
32		Society;
33		(4) Two representatives of the Illinois Trial Lawyers

1		Association;
2		(5) Two representatives of the Illinois Hospital
3		Association;
4		(6) Two representatives of the Illinois State Bar
5		Association; and
6		(7) Two actuarial experts chosen by the Director of
7		Insurance.
8		(b) The committee shall establish criteria for the program,
9		including but not limited to: selection of hospitals,
10		physicians, and insurers to participate in the program; and
11		creation of a subcommittee to review cases from hospitals and
12		determine whether hospitals, physicians, and insurers are
13		entitled to compensation under the program.
14		(c) The committee shall communicate with hospitals,
15		physicians, and insurers that are interested in participating
16		in the program. The committee shall make final decisions as to
17		which applicants are accepted for the program.
18		(d) The committee shall report to the Governor and the
19		General Assembly annually.
20		(e) The committee shall publish data regarding the program.
21		(f) Committee members shall receive no compensation for the
22		performance of their duties as members, but each member shall
23		be paid necessary expenses while engaged in the performance of
24		those duties.

25		Section 415. Termination of program.
26		(a) The program may be terminated at any time if the
27		committee, by a vote of two-thirds of its members, votes to
28		terminate the program.
29		(b) If the program is not terminated under subsection (a),
30		the program shall terminate after its second year of operation.

31		Section 495. The State Finance Act is amended by adding
32		Section 5.626 as follows:

1		(30 ILCS 105/5.626 new)
2		Sec. 5.626. The Sorry Works! Fund.

ARTICLE 9. MISCELLANEOUS PROVISIONS

4		Section 995. Liberal construction; severability.
5		(a) This Act, being necessary for the welfare of the State
6		and its inhabitants, shall be liberally construed to effect its
7		purposes.
8		(b) The provisions of this Act are severable under Section
9		1.31 of the Statute on Statutes.

Section 999. Effective date. This Act takes effect upon becoming law.".