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1 | AN ACT in relation to health care delivery and civil | ||||||||||||||||||||||||
2 | actions, which may be referred to as the Medical Liability | ||||||||||||||||||||||||
3 | Crisis and Access to Care Law of 2004.
| ||||||||||||||||||||||||
4 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
5 | represented in the General Assembly:
| ||||||||||||||||||||||||
6 | ARTICLE 1 | ||||||||||||||||||||||||
7 | Section 1-1. Short title. This Act may be cited as the Loan | ||||||||||||||||||||||||
8 | Repayment Assistance for Physicians Act. | ||||||||||||||||||||||||
9 | Section 1-5. Definitions. The purpose of this Act is to | ||||||||||||||||||||||||
10 | establish a program in the Department of Public Health to | ||||||||||||||||||||||||
11 | increase the total number of physicians in this State by | ||||||||||||||||||||||||
12 | providing educational loan repayment assistance grants to | ||||||||||||||||||||||||
13 | physicians. | ||||||||||||||||||||||||
14 | Section 1-10. Definitions. In this Act, unless the context | ||||||||||||||||||||||||
15 | otherwise requires: | ||||||||||||||||||||||||
16 | "Department" means the Department of Public Health. | ||||||||||||||||||||||||
17 | "Educational loans" means higher education student loans | ||||||||||||||||||||||||
18 | that a person has incurred in attending a registered | ||||||||||||||||||||||||
19 | professional physician education program. | ||||||||||||||||||||||||
20 | "Physician" means a person licensed under the Medical | ||||||||||||||||||||||||
21 | Practice Act of 1987 to practice medicine in all of its | ||||||||||||||||||||||||
22 | branches. | ||||||||||||||||||||||||
23 | "Program" means the educational loan repayment assistance | ||||||||||||||||||||||||
24 | program for physicians established by the Department under this | ||||||||||||||||||||||||
25 | Act. | ||||||||||||||||||||||||
26 | Section 1-15. Establishment of program. The Department | ||||||||||||||||||||||||
27 | shall establish an educational loan repayment assistance | ||||||||||||||||||||||||
28 | program for physicians who practice in Illinois. The Department | ||||||||||||||||||||||||
29 | shall administer the program and make all necessary and proper |
| |||||||
| |||||||
1 | rules not inconsistent with this Act for the program's | ||||||
2 | effective implementation. The Department may use up to 5% of | ||||||
3 | the appropriation for this program for administration and | ||||||
4 | promotion of physician incentive programs. | ||||||
5 | Section 1-20. Application. Beginning July 1, 2004, the | ||||||
6 | Department shall, each year, consider applications for | ||||||
7 | assistance under the program. The form of application and | ||||||
8 | information required to be set forth in the application shall | ||||||
9 | be determined by the Department, and the Department shall | ||||||
10 | require applicants to submit with their applications such | ||||||
11 | supporting documents as the Department deems necessary. | ||||||
12 | Section 1-25. Eligibility. To be eligible for assistance | ||||||
13 | under the program, an applicant must meet all of the following | ||||||
14 | qualifications: | ||||||
15 | (1) He or she must be a citizen or permanent resident | ||||||
16 | of the United States. | ||||||
17 | (2) He or she must be a resident of Illinois. | ||||||
18 | (3) He or she must be practicing full-time in Illinois | ||||||
19 | as a physician. | ||||||
20 | (4) He or she must currently be repaying educational | ||||||
21 | loans. | ||||||
22 | (5) He or she must agree to continue to practice | ||||||
23 | full-time in Illinois for 3 years. | ||||||
24 | Section 1-30. The award of grants. Under the program, for | ||||||
25 | each year that a qualified applicant practices full-time in | ||||||
26 | Illinois as a physician, the Department shall, subject to | ||||||
27 | appropriation, award a grant to that person in an amount equal | ||||||
28 | to the amount in educational loans that the person must repay | ||||||
29 | that year. However, the total amount in grants that a person | ||||||
30 | may be awarded under the program shall not exceed $25,000. The | ||||||
31 | Department shall require recipients to use the grants to pay | ||||||
32 | off their educational loans. |
| |||||||
| |||||||
1 | Section 1-35. Penalty. Loan repayment recipients who fail | ||||||
2 | to practice full-time in Illinois for 3 years shall repay the | ||||||
3 | Department a sum equal to 3 times the amount received under the | ||||||
4 | program. | ||||||
5 | ARTICLE 5 | ||||||
6 | Section 5-1. To comply with House and Senate rules, the | ||||||
7 | matter that is added to the law by this Public Act is | ||||||
8 | underscored and the matter that is deleted from the law is | ||||||
9 | stricken. The amendatory changes made by Public Act 89-7, which | ||||||
10 | has been declared unconstitutional by the Illinois Supreme | ||||||
11 | Court, are not included in the text of the provisions that are | ||||||
12 | amended by this Public Act. | ||||||
13 | Section 5-2. Legislative findings. The General Assembly | ||||||
14 | finds that: | ||||||
15 | 1. Illinois is in the midst of a medical malpractice | ||||||
16 | insurance crisis of unprecedented magnitude. | ||||||
17 | 2. Illinois is among the states with the highest | ||||||
18 | medical malpractice insurance premiums in the nation. | ||||||
19 | 3. Medical Malpractice insurance in Illinois is | ||||||
20 | unavailable or unaffordable for many hospitals and | ||||||
21 | physicians. | ||||||
22 | 4. The high and increasing cost of medical malpractice | ||||||
23 | insurance in Illinois is causing health care providers to | ||||||
24 | eliminate or reduce the provision of medical care | ||||||
25 | throughout the State. | ||||||
26 | 5. The crisis is discouraging medical students from | ||||||
27 | choosing Illinois as the place they will receive their | ||||||
28 | medical education and practice medicine. | ||||||
29 | 6. The increase in medical malpractice liability | ||||||
30 | insurance rates is forcing physicians to practice medicine | ||||||
31 | without professional liability insurance, to leave | ||||||
32 | Illinois, to not perform high-risk procedures, or to retire | ||||||
33 | early from the practice of medicine. |
| |||||||
| |||||||
1 | 7. The high and increasing cost of medical malpractice | ||||||
2 | insurance is due in large part to the inefficiency and | ||||||
3 | unpredictability of adjudicating claims through the civil | ||||||
4 | justice system. | ||||||
5 | 8. Much of this inefficiency stems from the time and | ||||||
6 | resources needlessly spent on valuing uncertain and | ||||||
7 | unpredictable claims of medical negligence. | ||||||
8 | 9. The public would benefit by making medical liability | ||||||
9 | coverage for hospitals and physicians more affordable, | ||||||
10 | which would make health care more available. | ||||||
11 | Section 5-5. The Illinois Civil Administrative Code is | ||||||
12 | amended by changing Section 2310-220 as follows:
| ||||||
13 | (20 ILCS 2310/2310-220) (was 20 ILCS 2310/55.73)
| ||||||
14 | Sec. 2310-220. Findings; medical
rural obstetrical care. | ||||||
15 | The General
Assembly finds
that substantial areas of rural | ||||||
16 | Illinois lack adequate access to medical
obstetrical
care. The | ||||||
17 | primary cause of this problem is the absence of qualified
| ||||||
18 | practitioners who are willing to offer medical
obstetrical | ||||||
19 | services. A significant
barrier to recruiting and retaining | ||||||
20 | those practitioners is the high cost of
professional liability | ||||||
21 | insurance for practitioners offering medical
obstetrical care.
| ||||||
22 | Therefore, the Department, from funds appropriated for | ||||||
23 | that purpose, shall
award grants to physicians licensed to | ||||||
24 | practice medicine in all its branches practicing obstetrics in | ||||||
25 | Illinois
rural designated shortage
areas, as defined in Section | ||||||
26 | 3.04 of the Family Practice Residency Act, for the
purpose of | ||||||
27 | reimbursing those physicians for the costs of obtaining | ||||||
28 | malpractice
insurance relating to medical
obstetrical | ||||||
29 | services. The Department shall establish
reasonable | ||||||
30 | conditions, standards, and duties relating to the application | ||||||
31 | for
and receipt of the grants.
| ||||||
32 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
33 | Section 5-10. The Illinois Insurance Code is changed by |
| |||||||
| |||||||
1 | adding Section 155.18a as follows: | ||||||
2 | (215 ILCS 5/155.18a new) | ||||||
3 | Sec. 155.18a. Professional Liability Insurance Resource | ||||||
4 | Center. | ||||||
5 | (a) The Director of Insurance shall establish a | ||||||
6 | Professional Liability Insurance Resource Center on the World | ||||||
7 | Wide Web containing the following information: | ||||||
8 | (1) Names, address, and telephone numbers of all | ||||||
9 | licensed companies providing professional liability | ||||||
10 | insurance for health care professionals and health care | ||||||
11 | providers including but not limited to hospitals, nursing | ||||||
12 | homes, physicians, and dentists. Computer links to company | ||||||
13 | websites shall be included, if available. | ||||||
14 | (2) Names, addresses and telephone numbers of all | ||||||
15 | licensed brokers who provide access to professional | ||||||
16 | liability insurance for health care professionals and | ||||||
17 | health care providers including but not limited to | ||||||
18 | hospitals, nursing homes, physicians, and dentists. | ||||||
19 | Computer links to company websites shall be included, if | ||||||
20 | available. | ||||||
21 | (b) The Department of Insurance shall conduct and publish | ||||||
22 | an annual study of the impact of this amendatory Act of the | ||||||
23 | 93rd General Assembly by county on the following: | ||||||
24 | (1) The number of medical malpractice claims filed and | ||||||
25 | amounts recovered per claim. | ||||||
26 | (2) The amounts of economic and non-economic damages | ||||||
27 | awarded per case. | ||||||
28 | (3) The amount of plaintiff and defense attorney fees | ||||||
29 | paid per case. | ||||||
30 | (4) The impact of the provisions of this amendatory Act | ||||||
31 | of the 93rd General Assembly on the cost and availability | ||||||
32 | of healing art malpractice coverage for hospitals and | ||||||
33 | physicians. | ||||||
34 | (5) Every 2 years the Director of Insurance shall make | ||||||
35 | recommendations to the Governor, the Speaker of the House, |
| |||||||
| |||||||
1 | and the President of the Senate on changes in the law | ||||||
2 | necessary to maintain affordable and accessible | ||||||
3 | professional liability insurance.
| ||||||
4 | Section 5-15. The Illinois Public Aid Code is amended by | ||||||
5 | adding Section 5-5.25 as follows: | ||||||
6 | (305 ILCS 5/5-5.25 new) | ||||||
7 | Sec. 5-5.25. Rate increase to Medicare rate level. | ||||||
8 | Notwithstanding any other provision of this Code, the | ||||||
9 | Department of Public Aid shall increase the rates paid to every | ||||||
10 | vendor of goods or services provided to recipients of medical | ||||||
11 | assistance under this Article so that the rate paid under this | ||||||
12 | Article for each such item or service is equal to the rate paid | ||||||
13 | to a vendor of such goods or services under the Medicare | ||||||
14 | program. The Department shall implement this rate increase over | ||||||
15 | a period of 3 years so that one-third of the increase is | ||||||
16 | applied for State fiscal year 2005, 50% of the remaining | ||||||
17 | balance is applied for State fiscal year 2006, and the entire | ||||||
18 | amount of the remaining balance is applied for State fiscal | ||||||
19 | year 2007. Thereafter, the rates paid under this Article shall | ||||||
20 | equal the rates paid under the Medicare program. | ||||||
21 | Section 5-20. The Health Care Arbitration Act is amended by | ||||||
22 | changing Sections 8 and 9 as follows:
| ||||||
23 | (710 ILCS 15/8) (from Ch. 10, par. 208)
| ||||||
24 | Sec. 8. Conditions. Every health care arbitration | ||||||
25 | agreement shall be
subject to the following conditions:
| ||||||
26 | (a) The agreement is not a condition to the rendering of | ||||||
27 | health care services
by any party and the agreement has been | ||||||
28 | executed by the recipient of health
care services at the | ||||||
29 | inception of or during the term of provision of services
for a | ||||||
30 | specific cause by either a health care provider or a hospital; | ||||||
31 | and
| ||||||
32 | (b) The agreement is a separate instrument complete in |
| |||||||
| |||||||
1 | itself and not
a part of any other contract or instrument; and
| ||||||
2 | (c) The agreement may not limit, impair, or waive any | ||||||
3 | substantive rights
or defenses of any party, including the | ||||||
4 | statute of limitations; and
| ||||||
5 | (d) The agreement shall not limit, impair, or waive the | ||||||
6 | procedural rights
to be heard, to present material evidence, to | ||||||
7 | cross-examine witnesses, and
to be represented by an attorney, | ||||||
8 | or other procedural rights of due process
of any party.
| ||||||
9 | (e) As a part of the discharge planning process the patient | ||||||
10 | or, if appropriate,
members of his family must be given a copy | ||||||
11 | of the health care arbitration
agreement previously executed by | ||||||
12 | or for the patient and shall re-affirm
it. Failure to comply | ||||||
13 | with this provision during the discharge planning
process shall | ||||||
14 | void the health care arbitration agreement.
| ||||||
15 | (Source: P.A. 80-1012.)
| ||||||
16 | (710 ILCS 15/9) (from Ch. 10, par. 209)
| ||||||
17 | Sec. 9. Mandatory Provisions.
| ||||||
18 | (a) Every health care arbitration agreement
shall be | ||||||
19 | clearly captioned "Health Care Arbitration Agreement".
| ||||||
20 | (b) Every health care arbitration agreement in relation to | ||||||
21 | health care
services rendered during hospitalization shall | ||||||
22 | specify the date of commencement
of hospitalization. Every | ||||||
23 | health care arbitration agreement in relation
to health care | ||||||
24 | services not rendered during hospitalization shall state
the | ||||||
25 | specific cause for which the services are provided.
| ||||||
26 | (c) Every health care arbitration agreement may be | ||||||
27 | cancelled by any
signatory (1) within 60 days of its execution | ||||||
28 | or within 60 days of the date of
the patient's discharge from | ||||||
29 | the hospital, or last date of treatment, whichever is later, as | ||||||
30 | to an
agreement
in relation to health care services rendered | ||||||
31 | during hospitalization, provided,
that if executed other than | ||||||
32 | at the time of discharge of the patient from
the hospital, the | ||||||
33 | health care arbitration agreement be reaffirmed at the
time of | ||||||
34 | the discharge planning process in the same manner as provided | ||||||
35 | for
in the execution of the original agreement; or (2) within |
| |||||||
| |||||||
1 | 60 days of the
date of its execution, or the last date of | ||||||
2 | treatment by the health care
provider, whichever is later, as | ||||||
3 | to an agreement in relation to health care
services not | ||||||
4 | rendered during hospitalization. Provided, that no health
care | ||||||
5 | arbitration agreement shall be valid after 10
2 years from
the | ||||||
6 | date of
its execution. An employee of a hospital or health care | ||||||
7 | provider who is
not a signatory to an agreement may cancel such | ||||||
8 | agreement as to himself
until 30 days following his | ||||||
9 | notification that he is a party to a dispute
or issue on which | ||||||
10 | arbitration has been demanded pursuant to such agreement.
If | ||||||
11 | any person executing a health care arbitration agreement dies | ||||||
12 | before
the period of cancellation as outlined above, the | ||||||
13 | personal representative
of the decedent shall have the right to | ||||||
14 | cancel the health care arbitration
agreement within 60 days of | ||||||
15 | the date of his appointment as the legal
representative
of the | ||||||
16 | decedent's estate. Provided, that if no legal representative is
| ||||||
17 | appointed within 6 months of the death of said decedent the | ||||||
18 | next of kin
of such decedent shall have the right to cancel the | ||||||
19 | health care arbitration
agreement within 8 months from the date | ||||||
20 | of death.
| ||||||
21 | (d) Every health care arbitration agreement shall
contain | ||||||
22 | immediately above the signature lines, in upper case type in | ||||||
23 | printed
letters of at least 3/16 inch height, a caption and | ||||||
24 | paragraphs as follows:
| ||||||
25 | "AGREEMENT TO ARBITRATE HEALTH CARE
| ||||||
26 | NEGLIGENCE CLAIMS
| ||||||
27 | NOTICE TO PATIENT
| ||||||
28 | YOU CANNOT BE REQUIRED TO SIGN THIS AGREEMENT IN ORDER TO | ||||||
29 | RECEIVE TREATMENT.
BY SIGNING THIS AGREEMENT, YOUR RIGHT TO | ||||||
30 | TRIAL BY A JURY OR A JUDGE IN
A COURT WILL BE BARRED AS TO | ||||||
31 | ANY DISPUTE RELATING TO INJURIES THAT MAY RESULT
FROM | ||||||
32 | NEGLIGENCE DURING YOUR TREATMENT OR CARE, AND WILL BE | ||||||
33 | REPLACED BY AN
ARBITRATION PROCEDURE.
| ||||||
34 | THIS AGREEMENT MAY BE CANCELLED WITHIN 60 DAYS OF SIGNING | ||||||
35 | OR 60 DAYS AFTER
YOUR HOSPITAL DISCHARGE OR 60 DAYS AFTER | ||||||
36 | YOUR LAST HEALTH CARE SERVICE
MEDICAL TREATMENT IN
RELATION |
| |||||||
| |||||||
1 | TO HEALTH CARE SERVICES NOT RENDERED DURING | ||||||
2 | HOSPITALIZATION.
| ||||||
3 | THIS AGREEMENT PROVIDES THAT ANY CLAIMS WHICH MAY ARISE OUT | ||||||
4 | OF YOUR HEALTH
CARE WILL BE SUBMITTED TO A PANEL OF | ||||||
5 | ARBITRATORS, RATHER THAN TO A COURT
FOR DETERMINATION. THIS | ||||||
6 | AGREEMENT REQUIRES ALL PARTIES SIGNING IT TO ABIDE
BY THE | ||||||
7 | DECISION OF THE ARBITRATION PANEL."
| ||||||
8 | (e) an executed copy of the AGREEMENT TO ARBITRATE HEALTH | ||||||
9 | CARE CLAIMS
and any reaffirmation of that agreement as required | ||||||
10 | by this Act shall be
given to the patient during the time of | ||||||
11 | the discharge planning process or
at the time of discharge | ||||||
12 | after last date of treatment .
| ||||||
13 | (Source: P.A. 91-156, eff. 1-1-00.)
| ||||||
14 | Section 5-25. The Code of Civil Procedure is amended by | ||||||
15 | changing Sections 2-622, 2-1107.1, 2-1109, 2-1702, 2-1704, | ||||||
16 | 8-802, 8-1901, 8-2501, and 13-217 and by adding Sections 2-625 | ||||||
17 | and 8-2505 as follows:
| ||||||
18 | (735 ILCS 5/2-622) (from Ch. 110, par. 2-622)
| ||||||
19 | (Text of Section WITHOUT the changes made by P.A. 89-7, | ||||||
20 | which has been held
unconstitutional)
| ||||||
21 | Sec. 2-622. Healing art malpractice.
| ||||||
22 | (a) In any action, whether in
tort, contract or otherwise, | ||||||
23 | in which the plaintiff seeks damages for
injuries or death by | ||||||
24 | reason of medical, hospital, or other healing art
malpractice, | ||||||
25 | the plaintiff's attorney or the plaintiff, if the plaintiff is
| ||||||
26 | proceeding pro se, shall file an affidavit, attached to the | ||||||
27 | original and
all copies of the complaint, declaring one of the | ||||||
28 | following:
| ||||||
29 | 1. That the affiant has consulted and reviewed the | ||||||
30 | facts of the case
with a health professional who the | ||||||
31 | affiant reasonably believes: (i) is
knowledgeable in the | ||||||
32 | relevant issues involved in the particular action;
(ii) | ||||||
33 | practices or has practiced within the last 6 years or | ||||||
34 | teaches or
has taught within the last 6 years in the same |
| |||||||
| |||||||
1 | area of health care or
medicine that is at issue in the | ||||||
2 | particular action; and (iii) meets the minimum | ||||||
3 | requirements set forth in 8-2501; and (iv) is qualified
by | ||||||
4 | experience or demonstrated competence in the subject of the | ||||||
5 | case; that
the reviewing health professional has | ||||||
6 | determined in a
written report, after a review of the | ||||||
7 | medical record and other relevant
material involved in the | ||||||
8 | particular action that there is a reasonable and
| ||||||
9 | meritorious cause for the filing of such action; and that | ||||||
10 | the affiant has
concluded on the basis of the reviewing | ||||||
11 | health professional's review and
consultation that there | ||||||
12 | is a reasonable and meritorious cause for filing of
such | ||||||
13 | action. If the affidavit is filed as to a defendant who is | ||||||
14 | a physician
licensed to treat human ailments without the | ||||||
15 | use of drugs or medicines and
without operative surgery, a | ||||||
16 | dentist, a podiatrist, a psychologist, or a
naprapath, the | ||||||
17 | written report must be from a health professional
licensed | ||||||
18 | in the same profession, with the same class of license, as | ||||||
19 | the
defendant. For affidavits filed as to all other | ||||||
20 | defendants, the written
report must be from a physician | ||||||
21 | licensed to practice medicine in all its
branches. In | ||||||
22 | either event, the affidavit must identify the profession of
| ||||||
23 | the reviewing health professional. A copy of the written | ||||||
24 | report, clearly
identifying the plaintiff and the reasons | ||||||
25 | for the reviewing health
professional's determination that | ||||||
26 | a reasonable and meritorious cause for
the filing of the | ||||||
27 | action exists, must be attached to the affidavit , but
| ||||||
28 | information which would identify the reviewing health | ||||||
29 | professional may be
deleted from the copy so attached . The | ||||||
30 | report shall include the name and address of the reviewing | ||||||
31 | health professional and documentation of compliance with | ||||||
32 | requirements set forth in 8-2501. Any reviewing health | ||||||
33 | professional that provides a frivolous or improper review | ||||||
34 | of a case shall be liable to each of the parties for the | ||||||
35 | reasonable costs and attorneys' fees the parties expended | ||||||
36 | in resolving the case. A review shall be found frivolous if |
| |||||||
| |||||||
1 | it is substantially lacking in factual support, is based | ||||||
2 | upon a standard of care or practice that lacks substantial | ||||||
3 | use in the relevant specialty or field of practice, or is | ||||||
4 | made for an improper purpose, such as to harass or cause | ||||||
5 | needless increase in the cost of litigation.
| ||||||
6 | 2. That the plaintiff has not previously voluntarily | ||||||
7 | dismissed an action based upon the same or substantially | ||||||
8 | the same acts, omissions, or occurrences and that the | ||||||
9 | affiant was unable to obtain a consultation required by
| ||||||
10 | paragraph 1 because a statute of limitations would impair | ||||||
11 | the action and
the consultation required could not be | ||||||
12 | obtained before the expiration of
the statute of | ||||||
13 | limitations. If an affidavit is executed pursuant to this
| ||||||
14 | paragraph, the certificate and written report required by | ||||||
15 | paragraph 1 shall
be filed within 90 days after the filing | ||||||
16 | of the complaint. No additional 90 day extensions shall be | ||||||
17 | granted. The defendant
shall be excused from answering or | ||||||
18 | otherwise pleading until 30 days after
being served with a | ||||||
19 | certificate required by paragraph 1.
| ||||||
20 | 3. That a request has been made by the plaintiff or his | ||||||
21 | attorney for
examination and copying of records pursuant to | ||||||
22 | Part 20 of Article VIII of
this Code and the party required | ||||||
23 | to comply under those Sections has failed
to produce such | ||||||
24 | records within 60 days of the receipt of the request. If an
| ||||||
25 | affidavit is executed pursuant to this paragraph, the | ||||||
26 | certificate and
written report required by paragraph 1 | ||||||
27 | shall be filed within 90 days
following receipt of the | ||||||
28 | requested records. All defendants except those
whose | ||||||
29 | failure to comply with Part 20 of Article VIII of this Code | ||||||
30 | is the
basis for an affidavit under this paragraph shall be | ||||||
31 | excused from answering
or otherwise pleading until 30 days | ||||||
32 | after being served with the certificate
required by | ||||||
33 | paragraph 1.
| ||||||
34 | (b) Where a certificate and written report are required | ||||||
35 | pursuant to this
Section a separate certificate and written | ||||||
36 | report shall be filed as to each
defendant who has been named |
| |||||||
| |||||||
1 | in the complaint and shall be filed as to each
defendant named | ||||||
2 | at a later time.
| ||||||
3 | (c) Where the plaintiff intends to rely on the doctrine of | ||||||
4 | "res ipsa
loquitur", as defined by Section 2-1113 of this Code, | ||||||
5 | the certificate and
written report must state that, in the | ||||||
6 | opinion of the reviewing health
professional, negligence has | ||||||
7 | occurred in the course of medical treatment.
The affiant shall | ||||||
8 | certify upon filing of the complaint that he is relying
on the | ||||||
9 | doctrine of "res ipsa loquitur".
| ||||||
10 | (d) When the attorney intends to rely on the doctrine of | ||||||
11 | failure to
inform of the consequences of the procedure, the | ||||||
12 | attorney shall certify
upon the filing of the complaint that | ||||||
13 | the reviewing health professional
has, after reviewing the | ||||||
14 | medical record and other relevant materials involved
in the | ||||||
15 | particular action, concluded that a reasonable health | ||||||
16 | professional
would have informed the patient of the | ||||||
17 | consequences of the procedure.
| ||||||
18 | (e) Allegations and denials in the affidavit, made without | ||||||
19 | reasonable
cause and found to be untrue, shall subject the | ||||||
20 | party pleading them or his
attorney, or both, to the payment of | ||||||
21 | reasonable expenses, actually incurred
by the other party by | ||||||
22 | reason of the untrue pleading, together with
reasonable | ||||||
23 | attorneys' fees to be summarily taxed by the court upon motion
| ||||||
24 | made within 30 days of the judgment or dismissal. In no event | ||||||
25 | shall the
award for attorneys' fees and expenses exceed those | ||||||
26 | actually paid by the
moving party, including the insurer, if | ||||||
27 | any. In proceedings under this
paragraph (e), the moving party | ||||||
28 | shall have the right to depose and examine
any and all | ||||||
29 | reviewing health professionals who prepared reports used in
| ||||||
30 | conjunction with an affidavit required by this Section.
| ||||||
31 | (f) A reviewing health professional who in good faith | ||||||
32 | prepares a report
used in conjunction with an affidavit | ||||||
33 | required by this Section shall have
civil immunity from | ||||||
34 | liability which otherwise might result from the
preparation of | ||||||
35 | such report.
| ||||||
36 | (g) The failure to file a certificate required by this |
| |||||||
| |||||||
1 | Section shall be
grounds for dismissal under Section 2-619.
| ||||||
2 | (h) This Section does not apply to or affect any actions | ||||||
3 | pending
at the time of its effective date, but applies to cases | ||||||
4 | filed on or
after its effective date.
| ||||||
5 | (i) This amendatory Act of 1997 does not apply to or affect | ||||||
6 | any actions
pending at the time of its effective date, but | ||||||
7 | applies to cases filed on or
after its effective date.
| ||||||
8 | (j) This amendatory Act of 93rd General Assembly does not | ||||||
9 | apply to or affect any actions pending at the time of its | ||||||
10 | effective date, but applies to cases filed on or after its | ||||||
11 | effective date.
| ||||||
12 | (Source: P.A. 86-646; 90-579, eff. 5-1-98.)
| ||||||
13 | (735 ILCS 5/2-625 new) | ||||||
14 | Sec. 2-625. Health care claims based upon apparent or | ||||||
15 | ostensible agency. In any action against a hospital or hospital | ||||||
16 | affiliate arising out of the provision of health care in which | ||||||
17 | the plaintiff seeks damages for any loss, bodily injury, or | ||||||
18 | death, in a claim based upon apparent or ostensible agency, a | ||||||
19 | party must allege with specific facts and prove the following:
| ||||||
20 | (1) that the alleged principal through its own action | ||||||
21 | or conduct created the reasonable inference by the | ||||||
22 | plaintiff that the alleged agent was authorized to act on | ||||||
23 | behalf of the alleged principal;
| ||||||
24 | (2) that the plaintiff reasonably relied upon the | ||||||
25 | alleged principal's action or conduct suggesting that the | ||||||
26 | alleged agent was the alleged principal's actual agent; and
| ||||||
27 | (3) that a reasonable person would not have sought | ||||||
28 | goods or services from the alleged principal if that person | ||||||
29 | knew that the alleged agent was not the alleged principal's | ||||||
30 | actual agent.
| ||||||
31 | A plaintiff basing a claim upon apparent or ostensible | ||||||
32 | agency must prove these elements by a preponderance of the | ||||||
33 | evidence.
| ||||||
34 | (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. In all | ||||||
4 | actions
on account of bodily injury or death or physical damage | ||||||
5 | to
property based on
negligence, or product liability based on | ||||||
6 | strict tort liability, the court
shall instruct the jury in | ||||||
7 | writing , to the extent that it is true, that any award of | ||||||
8 | compensatory damages will not be taxable under federal or State | ||||||
9 | income tax law and that the defendant shall be found not liable
| ||||||
10 | if the jury finds that the contributory fault of the plaintiff | ||||||
11 | is more
than 50% of the proximate cause of the injury or damage | ||||||
12 | for which recovery is
sought.
| ||||||
13 | This amendatory Act of the 93rd General Assembly applies to | ||||||
14 | causes of action filed on or after its effective date.
| ||||||
15 | (Source: P.A. 84-1431.)
| ||||||
16 | (735 ILCS 5/2-1109) (from Ch. 110, par. 2-1109)
| ||||||
17 | (Text of Section WITHOUT the changes made by P.A. 89-7, | ||||||
18 | which has been held
unconstitutional)
| ||||||
19 | Sec. 2-1109. Itemized verdicts. | ||||||
20 | (a) In every case where damages for bodily injury or death
| ||||||
21 | to
the person are assessed by the jury the verdict shall be | ||||||
22 | itemized so as to
reflect the monetary
distribution , if any, | ||||||
23 | among economic loss and non-economic loss , if any, and, in | ||||||
24 | healing art
medical
malpractice cases,
further itemized so as | ||||||
25 | to reflect the distribution of economic loss by
category, such | ||||||
26 | itemization of economic loss by category to include: (a)
| ||||||
27 | amounts intended to compensate for reasonable expenses which | ||||||
28 | have been
incurred, or which will be incurred, for necessary | ||||||
29 | medical, surgical,
x-ray, dental, or other health or | ||||||
30 | rehabilitative services, drugs, and
therapy; (b) amounts | ||||||
31 | intended to compensate for lost wages or loss of
earning | ||||||
32 | capacity; and (c) all other economic losses claimed by the | ||||||
33 | plaintiff
or granted by the jury. Each category of economic | ||||||
34 | loss shall be further
itemized into amounts intended to | ||||||
35 | compensate for losses which have been
incurred prior to the |
| |||||||
| |||||||
1 | verdict and amounts intended to compensate for
future losses | ||||||
2 | which will be incurred in the future .
| ||||||
3 | (b) In all actions on account of bodily injury or death | ||||||
4 | based on negligence, including healing art malpractice | ||||||
5 | actions, the following terms have the following meanings:
| ||||||
6 | (i) "Economic loss" or "economic damages" means all | ||||||
7 | damages that are tangible, such as damages for past and | ||||||
8 | future medical expenses, loss of income or earnings and | ||||||
9 | other property loss.
| ||||||
10 | (ii) "Non-economic loss" or "non-economic damages" | ||||||
11 | means damages that are intangible, including but not | ||||||
12 | limited to damages for pain and suffering, disability, | ||||||
13 | disfigurement, loss of consortium, and loss of society.
| ||||||
14 | (iii) "Compensatory damages" or "actual damages" are | ||||||
15 | the sum of economic and non-economic damages.
| ||||||
16 | (c) Nothing in this Section shall be construed to create a | ||||||
17 | cause of action.
| ||||||
18 | (d) This amendatory Act of the 93rd General Assembly | ||||||
19 | applies to causes of action filed on or after its effective | ||||||
20 | date.
| ||||||
21 | (Source: P.A. 84-7.)
| ||||||
22 | (735 ILCS 5/2-1702) (from Ch. 110, par. 2-1702)
| ||||||
23 | (Text of Section WITHOUT the changes made by P.A. 89-7, | ||||||
24 | which has been held
unconstitutional)
| ||||||
25 | Sec. 2-1702. Economic/Non-Economic Loss. As used in this | ||||||
26 | Part , "economic loss" and "non-economic loss" have the same | ||||||
27 | meanings as in Section 2-1109(b). :
| ||||||
28 | (a) "Economic loss" means all pecuniary harm for which | ||||||
29 | damages
are recoverable.
| ||||||
30 | (b) "Non-economic loss" means loss of consortium and all | ||||||
31 | nonpecuniary
harm for which damages are recoverable, | ||||||
32 | including, without limitation,
damages for pain and suffering, | ||||||
33 | inconvenience, disfigurement, and
physical impairment.
| ||||||
34 | (Source: P.A. 84-7.)
|
| |||||||
| |||||||
1 | (735 ILCS 5/2-1704) (from Ch. 110, par. 2-1704)
| ||||||
2 | Sec. 2-1704. Healing art malpractice
Medical Malpractice | ||||||
3 | Action . As used in this Code
Part ,
" healing art
medical | ||||||
4 | malpractice action" means any action, whether in tort, contract | ||||||
5 | or
otherwise, in which the plaintiff seeks damages for injuries | ||||||
6 | or death by
reason of medical, hospital, or other healing art | ||||||
7 | malpractice including but not limited to medical, nursing, | ||||||
8 | dental, or podiatric malpractice .
The term "healing art" shall | ||||||
9 | not include care and
treatment by spiritual means through | ||||||
10 | prayer in accord with the tenets and
practices of a recognized | ||||||
11 | church or religious denomination.
| ||||||
12 | (Source: P.A. 84-7.)
| ||||||
13 | (735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
| ||||||
14 | Sec. 8-802. Healthcare practitioner
Physician and patient. | ||||||
15 | No physician ,
or surgeon , psychologist, nurse, mental health | ||||||
16 | worker, therapist, or other healing art practitioner (referred | ||||||
17 | to in this Section as "healthcare practitioner") shall be
| ||||||
18 | permitted to disclose any information he or she may have | ||||||
19 | acquired in
attending any patient in a professional character, | ||||||
20 | necessary to enable him
or her professionally to serve the | ||||||
21 | patient, except only (1) in trials for
homicide when the | ||||||
22 | disclosure relates directly to the fact or immediate
| ||||||
23 | circumstances of the homicide, (2) in actions, civil or | ||||||
24 | criminal, against
the healthcare practitioner
physician for | ||||||
25 | malpractice, (3) with the expressed consent of the
patient, or | ||||||
26 | in case of his or her death or disability, of his or her
| ||||||
27 | personal representative or other person authorized to sue for | ||||||
28 | personal
injury or of the beneficiary of an insurance policy on | ||||||
29 | his or her life,
health, or physical condition, (4) in all | ||||||
30 | actions brought by or against the
patient, his or her personal | ||||||
31 | representative, a beneficiary under a policy
of insurance, or | ||||||
32 | the executor or administrator of his or her estate wherein
the | ||||||
33 | patient's physical or mental condition is an issue, (4.1) in | ||||||
34 | all actions brought against the patient, his or her personal | ||||||
35 | representative, a beneficiary under a policy of insurance, or |
| |||||||
| |||||||
1 | the executor or administrator of his or her estate wherein the | ||||||
2 | patient's physical or mental condition is an issue, (5) upon an | ||||||
3 | issue
as to the validity of a document as a will of the | ||||||
4 | patient, (6) in any
criminal action where the charge is either | ||||||
5 | first degree murder by abortion,
attempted abortion or | ||||||
6 | abortion, (7) in actions, civil or criminal, arising
from the | ||||||
7 | filing of a report in compliance with the Abused and Neglected
| ||||||
8 | Child Reporting Act, (8) to any department, agency, institution
| ||||||
9 | or facility which has custody of the patient pursuant to State | ||||||
10 | statute
or any court order of commitment, (9) in prosecutions | ||||||
11 | where written
results of blood alcohol tests are admissible | ||||||
12 | pursuant to Section 11-501.4
of the Illinois Vehicle Code, (10) | ||||||
13 | in prosecutions where written
results of blood alcohol tests | ||||||
14 | are admissible under Section 5-11a of the
Boat Registration and | ||||||
15 | Safety Act,
or (11) in criminal actions arising from the filing | ||||||
16 | of a report of suspected
terrorist offense in compliance with | ||||||
17 | Section 29D-10(p)(7) of the Criminal Code
of 1961.
| ||||||
18 | A health care practitioner shall have the right to: (i) | ||||||
19 | communicate at any time and in any fashion with his or her own | ||||||
20 | counsel and professional liability insurer concerning any care | ||||||
21 | or treatment he or she provided, or assisted in providing, to | ||||||
22 | any patient; and (ii) communicate at any time and in any | ||||||
23 | fashion with his or her present or former employer, principal, | ||||||
24 | partner, professional corporation, professional liability | ||||||
25 | insurer, or counsel for the same, concerning care or treatment | ||||||
26 | he or she provided, or assisted in providing, to any patient | ||||||
27 | during the pendency and within the scope of his or her | ||||||
28 | employment or affiliation with the employer, principal, | ||||||
29 | partner, or professional corporation.
| ||||||
30 | In the event of a conflict between the application of this | ||||||
31 | Section
and the Mental Health and Developmental Disabilities | ||||||
32 | Confidentiality
Act to a specific situation, the provisions of | ||||||
33 | the Mental Health and
Developmental Disabilities | ||||||
34 | Confidentiality Act shall control.
| ||||||
35 | This amendatory Act of the 93rd General Assembly applies to | ||||||
36 | causes of action filed on or after its effective date.
|
| |||||||
| |||||||
1 | (Source: P.A. 87-803; 92-854, eff. 12-5-02.)
| ||||||
2 | (735 ILCS 5/8-1901) (from Ch. 110, par. 8-1901)
| ||||||
3 | Sec. 8-1901. Admission of liability - Effect. | ||||||
4 | (a) The providing of, or payment
for, medical, surgical,
| ||||||
5 | hospital, or rehabilitation services, facilities, or equipment | ||||||
6 | by or on
behalf of any person, or the offer to provide, or pay | ||||||
7 | for, any one or
more of the foregoing, shall not be construed | ||||||
8 | as an admission of any
liability by such person or persons. | ||||||
9 | Testimony, writings, records,
reports or information with | ||||||
10 | respect to the foregoing shall not be
admissible in evidence as | ||||||
11 | an admission of any liability in any action of
any kind in any | ||||||
12 | court or before any commission, administrative agency,
or other | ||||||
13 | tribunal in this State, except at the instance of the person or
| ||||||
14 | persons so making any such provision, payment or offer.
| ||||||
15 | (b) Any expression of grief, apology, remedial action, or | ||||||
16 | explanation provided by a health care provider, including, but | ||||||
17 | not limited to, a statement that the health care provider is | ||||||
18 | "sorry" for the outcome to a patient, the patient's family, or | ||||||
19 | the patient's legal representative about an inadequate or | ||||||
20 | unanticipated treatment or care outcome that is provided within | ||||||
21 | 72 hours of when the provider knew or should have known of the | ||||||
22 | potential cause of such outcome shall not be admissible as | ||||||
23 | evidence, nor discoverable in any action of any kind in any | ||||||
24 | court or before any tribunal, board, agency, or person. The | ||||||
25 | disclosure of any such information, whether proper, or | ||||||
26 | improper, shall not waive or have any effect upon its | ||||||
27 | confidentiality, nondiscoverability, or inadmissibility. The | ||||||
28 | disclosure of the information for the purpose of bringing a | ||||||
29 | claim for damages against a provider is unlawful and any person | ||||||
30 | convicted of violating any of the provisions of this Section is | ||||||
31 | guilty of a Class A misdemeanor. As used in this Section, a | ||||||
32 | "health care provider" is any hospital, nursing home or other | ||||||
33 | facility, or employee or agent thereof, a physician, or other | ||||||
34 | licensed health care professional. Nothing in this Section | ||||||
35 | precludes the discovery or admissibility of any other facts |
| |||||||
| |||||||
1 | regarding the patient's treatment or outcome as otherwise | ||||||
2 | permitted by law.
| ||||||
3 | (Source: P.A. 82-280.)
| ||||||
4 | (735 ILCS 5/8-2501) (from Ch. 110, par. 8-2501)
| ||||||
5 | (Text of Section WITHOUT the changes made by P.A. 89-7, | ||||||
6 | which has been held
unconstitutional)
| ||||||
7 | Sec. 8-2501. Expert Witness Standards. In any case in which | ||||||
8 | the standard of
care applicable to
given by a medical | ||||||
9 | professional
profession is at issue, the court shall apply the
| ||||||
10 | following standards to determine if a witness qualifies as an | ||||||
11 | expert witness
and can testify on the issue of the appropriate | ||||||
12 | standard of care.
| ||||||
13 | (a) Whether the witness is board certified or board | ||||||
14 | eligible in the same medical specialties as the defendant and | ||||||
15 | is familiar with the same
Relationship of the medical | ||||||
16 | specialties of the witness to the medical
problem or problems , | ||||||
17 | or
and the type of treatment administered in the case;
| ||||||
18 | (b) Whether the witness has devoted 75%
a substantial | ||||||
19 | portion of his or her
working hours
time to the practice of | ||||||
20 | medicine, teaching or University based research
in relation to | ||||||
21 | the medical care and type of treatment at issue which gave
rise | ||||||
22 | to the medical problem of which the plaintiff complains;
| ||||||
23 | (c) whether the witness is licensed
by a state or the | ||||||
24 | District of Columbia in the same profession as the defendant; | ||||||
25 | and
| ||||||
26 | (d) whether, in the case against a nonspecialist, the | ||||||
27 | witness can
demonstrate a sufficient familiarity with the | ||||||
28 | standard of care practiced in
this State.
| ||||||
29 | An expert shall provide proof of active practice, teaching, | ||||||
30 | or engaging in university-based research. If retired, an expert | ||||||
31 | must provide proof of attendance and completion of continuing | ||||||
32 | education courses for 3 years previous to giving testimony. An | ||||||
33 | expert who has not actively practiced, taught, or been engaged | ||||||
34 | in university-based research for 10 years may not be qualified | ||||||
35 | as an expert witness.
|
| |||||||
| |||||||
1 | This amendatory Act of the 93rd General Assembly applies to | ||||||
2 | causes of action filed on or after its effective date.
| ||||||
3 | (Source: P.A. 84-7.)
| ||||||
4 | (735 ILCS 5/8-2505 new) | ||||||
5 | Sec. 8-2505. Preservation of emergency medical care. | ||||||
6 | (a) The General Assembly acknowledges many hospitals and | ||||||
7 | physicians provide great benefits to the citizens of Illinois | ||||||
8 | by operating emergency departments and trauma centers and | ||||||
9 | providing services to individuals in need of emergency care | ||||||
10 | throughout the State, without regard to their ability to pay | ||||||
11 | for such care and often without payment for services. The | ||||||
12 | General Assembly also acknowledges many hospitals and | ||||||
13 | physicians are discontinuing their status as trauma centers or | ||||||
14 | reducing the scope of their emergency care due to the fear of | ||||||
15 | lawsuits based on claims of healing art malpractice. The public | ||||||
16 | and society in general will suffer if these trauma centers | ||||||
17 | cease operations or hospital emergency departments reduce | ||||||
18 | their level of emergency care. | ||||||
19 | (b) Any physician licensed to practice medicine in all its | ||||||
20 | branches under the Medical Practice Act of 1987, any licensed | ||||||
21 | hospital and any of the hospital's employees, agents, apparent | ||||||
22 | agents, and independent contractors, who, in good faith | ||||||
23 | provides emergency care or services to a person who is in need | ||||||
24 | of emergency health care services or treatment and has | ||||||
25 | presented to a hospital for emergency health care services, | ||||||
26 | shall not be liable for civil damages as a result of his, her, | ||||||
27 | or its acts or omissions, except for willful or wanton | ||||||
28 | misconduct on the part of the physician, the hospital, or any | ||||||
29 | of the hospital's employees, independent contractors, agents, | ||||||
30 | or apparent agents in providing the care.
| ||||||
31 | (735 ILCS 5/13-217) (from Ch. 110, par. 13-217)
| ||||||
32 | (Text of Section WITHOUT the changes made by P.A. 89-7, | ||||||
33 | which has been held
unconstitutional)
| ||||||
34 | Sec. 13-217. Reversal or dismissal. In the actions |
| |||||||
| |||||||
1 | specified in Article
XIII of this Act or any other act or | ||||||
2 | contract where the time for commencing an
action is limited, if | ||||||
3 | judgment is entered for the plaintiff but reversed on
appeal, | ||||||
4 | or if there is a verdict in favor of the plaintiff and, upon a | ||||||
5 | motion
in arrest of judgment, the judgment is entered against | ||||||
6 | the plaintiff, or the
action is voluntarily dismissed by the | ||||||
7 | plaintiff, or the action is dismissed
for want of prosecution, | ||||||
8 | or the action is dismissed by a United States
District
Court | ||||||
9 | for lack of jurisdiction, or the action is dismissed by a | ||||||
10 | United States
District Court for improper venue, then, whether | ||||||
11 | or not the time limitation for
bringing such action expires | ||||||
12 | during the pendency of such action, the plaintiff,
his or her | ||||||
13 | heirs, executors or administrators may commence a new
action | ||||||
14 | within one year or within the remaining period of limitation,
| ||||||
15 | whichever is greater, after such judgment is reversed or | ||||||
16 | entered against
the plaintiff, or after the action is | ||||||
17 | voluntarily dismissed by the
plaintiff, or the action is | ||||||
18 | dismissed for want of prosecution, or the action
is dismissed | ||||||
19 | by a United States District Court for lack of jurisdiction,
or | ||||||
20 | the action is dismissed by a United States District Court for | ||||||
21 | improper
venue. No action that is voluntarily dismissed by the | ||||||
22 | plaintiff or dismissed for want of prosecution by the court may | ||||||
23 | be filed where the time for commencing the action has expired.
| ||||||
24 | This amendatory Act of the 93rd General Assembly applies to | ||||||
25 | causes of action accruing on or after its effective date.
| ||||||
26 | (Source: P.A. 87-1252.)
| ||||||
27 | Section 5-30. The Mental Health and Developmental | ||||||
28 | Disabilities Confidentiality Act is amended by changing | ||||||
29 | Sections 9 and 10 as follows:
| ||||||
30 | (740 ILCS 110/9) (from Ch. 91 1/2, par. 809)
| ||||||
31 | (Text of Section WITHOUT the changes made by
P.A. 89-7, | ||||||
32 | which has been held unconstitutional)
| ||||||
33 | Sec. 9. Therapist's disclosure without consent. In the | ||||||
34 | course of providing services and after the conclusion of the
|
| |||||||
| |||||||
1 | provision of services, a therapist may disclose a record or | ||||||
2 | communications
without consent to:
| ||||||
3 | (1) the therapist's supervisor, a consulting | ||||||
4 | therapist, members of a
staff team participating in the | ||||||
5 | provision of services, a record custodian,
or a person | ||||||
6 | acting under the supervision and control of the therapist;
| ||||||
7 | (2) persons conducting a peer review of the services | ||||||
8 | being provided;
| ||||||
9 | (3) the Institute for Juvenile Research and the | ||||||
10 | Institute for the
Study of Developmental Disabilities;
| ||||||
11 | (4) an attorney or advocate consulted by a therapist or | ||||||
12 | agency which
provides services concerning the therapist's | ||||||
13 | or agency's legal rights or
duties in relation to the | ||||||
14 | recipient and the services being provided; and
| ||||||
15 | (5) the Inspector General of the Department of Children | ||||||
16 | and Family
Services when such records or communications are | ||||||
17 | relevant to a pending
investigation authorized by Section | ||||||
18 | 35.5 of the Children and Family Services
Act where:
| ||||||
19 | (A) the recipient was either (i) a parent, foster | ||||||
20 | parent, or caretaker
who is an alleged perpetrator of | ||||||
21 | abuse or neglect or the subject of a
dependency | ||||||
22 | investigation or (ii) a non-ward victim of alleged | ||||||
23 | abuse or
neglect, and
| ||||||
24 | (B) available information demonstrates that the | ||||||
25 | mental health of the
recipient was or should have been | ||||||
26 | an issue to the safety of the child.
| ||||||
27 | In the course of providing services, a therapist may | ||||||
28 | disclose a record or
communications without consent to any | ||||||
29 | department, agency, institution or
facility which has custody | ||||||
30 | of the recipient pursuant to State statute or any
court order | ||||||
31 | of commitment.
| ||||||
32 | Information may be disclosed under this Section only to the | ||||||
33 | extent that
knowledge of the record or communications is | ||||||
34 | essential to the purpose for
which disclosure is made and only | ||||||
35 | after the recipient is informed that such
disclosure may be | ||||||
36 | made. A person to whom disclosure is made under this
Section |
| |||||||
| |||||||
1 | shall not redisclose any information except as provided in this | ||||||
2 | Act.
| ||||||
3 | Notwithstanding any other provision of this Section, a | ||||||
4 | therapist has the right to communicate at any time and in any | ||||||
5 | fashion with his or her counsel or professional liability | ||||||
6 | insurance carrier, or both, concerning any care or treatment he | ||||||
7 | or she provided, or assisted in providing, to any recipient. A | ||||||
8 | therapist has the right to communicate at any time and in any | ||||||
9 | fashion with his or her present or former employer, principal, | ||||||
10 | partner, professional corporation, or professional liability | ||||||
11 | insurance carrier, or counsel for any of those entities, | ||||||
12 | concerning any care or treatment he or she provided, or | ||||||
13 | assisted in providing, to the recipient within the scope of his | ||||||
14 | or her employment, affiliation, or other agency with the | ||||||
15 | employer, principal, partner, or professional corporation.
| ||||||
16 | This amendatory Act of the 93rd General Assembly applies to | ||||||
17 | causes of action filed on or after its effective date.
| ||||||
18 | (Source: P.A. 86-955; 90-512, eff. 8-22-97.)
| ||||||
19 | (740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
| ||||||
20 | Sec. 10. Disclosure in civil, criminal, and other | ||||||
21 | proceedings.
| ||||||
22 | (a) Except as provided herein, in any civil, criminal,
| ||||||
23 | administrative, or legislative proceeding, or in any | ||||||
24 | proceeding preliminary
thereto, a recipient, and a therapist on | ||||||
25 | behalf and in the interest of a
recipient, has the privilege to | ||||||
26 | refuse to disclose and to prevent the
disclosure of the | ||||||
27 | recipient's record or communications.
| ||||||
28 |
(1) Records and communications may be disclosed in a | ||||||
29 | civil, criminal
or administrative proceeding in which the | ||||||
30 | recipient introduces his mental
condition or any aspect of | ||||||
31 | his services received for such condition as an
element of | ||||||
32 | his claim or defense, if and only to the extent the court | ||||||
33 | in
which the proceedings have been brought, or, in the case | ||||||
34 | of an administrative
proceeding, the court to which an | ||||||
35 | appeal or other action for review of an
administrative |
| |||||||
| |||||||
1 | determination may be taken, finds, after in camera
| ||||||
2 | examination of testimony or other evidence, that it is | ||||||
3 | relevant, probative,
not unduly prejudicial or | ||||||
4 | inflammatory, and otherwise clearly
admissible; that other | ||||||
5 | satisfactory evidence is demonstrably unsatisfactory
as | ||||||
6 | evidence of the facts sought to be established by such | ||||||
7 | evidence; and
that disclosure is more important to the | ||||||
8 | interests of substantial justice
than protection from | ||||||
9 | injury to the therapist-recipient relationship or to
the | ||||||
10 | recipient or other whom disclosure is likely to harm. | ||||||
11 | Except in a criminal
proceeding in which the recipient, who | ||||||
12 | is accused in that proceeding, raises
the defense of | ||||||
13 | insanity, no record or communication between a therapist
| ||||||
14 | and a recipient shall be deemed relevant for purposes of | ||||||
15 | this subsection,
except the fact of treatment, the cost of | ||||||
16 | services and the ultimate
diagnosis unless the party | ||||||
17 | seeking disclosure of the communication clearly
| ||||||
18 | establishes in the trial court a compelling need for its | ||||||
19 | production.
However, for purposes of this Act, in any | ||||||
20 | action brought or defended under
the Illinois Marriage and | ||||||
21 | Dissolution of Marriage Act, or in any action in
which pain | ||||||
22 | and suffering is an element of the claim, mental condition | ||||||
23 | shall
not be deemed to be introduced merely by making such | ||||||
24 | claim and shall be
deemed to be introduced only if the | ||||||
25 | recipient or a witness on his behalf
first testifies | ||||||
26 | concerning the record or communication.
| ||||||
27 | (2) Records or communications may be disclosed in a | ||||||
28 | civil proceeding after
the recipient's death when the | ||||||
29 | recipient's physical or mental condition
has been | ||||||
30 | introduced as an element of a claim or defense by any party | ||||||
31 | claiming
or defending through or as a beneficiary of the | ||||||
32 | recipient, provided the
court finds, after in camera | ||||||
33 | examination of the evidence, that it is relevant,
| ||||||
34 | probative, and otherwise clearly admissible; that other | ||||||
35 | satisfactory evidence
is not available regarding the facts | ||||||
36 | sought to be established by such evidence;
and that |
| |||||||
| |||||||
1 | disclosure is more important to the interests of | ||||||
2 | substantial justice
than protection from any injury which | ||||||
3 | disclosure is likely to cause.
| ||||||
4 | (3) In the event of a claim made or an action filed by | ||||||
5 | a recipient, or,
following the recipient's death, by any | ||||||
6 | party claiming as a beneficiary
of the recipient for injury | ||||||
7 | caused in the course of providing services to that
such | ||||||
8 | recipient, the therapist and other persons whose actions
| ||||||
9 | are alleged
to have been the cause of injury may disclose | ||||||
10 | pertinent records and
communications to an attorney or | ||||||
11 | attorneys engaged to render advice about
and to provide | ||||||
12 | representation in connection with such matter and to | ||||||
13 | persons
working under the supervision of such attorney or | ||||||
14 | attorneys, and may
testify as to pertinent
such records or
| ||||||
15 | communications
communication in any administrative, | ||||||
16 | judicial
or discovery proceeding for the purpose of | ||||||
17 | preparing and presenting a
defense against the
such claim | ||||||
18 | or action.
| ||||||
19 | (3.1) A therapist has the right to communicate at any | ||||||
20 | time and in any fashion with his or her own counsel or | ||||||
21 | professional liability insurance carrier, or both, | ||||||
22 | concerning any care or treatment he or she provided, or | ||||||
23 | assisted in providing, to any patient.
| ||||||
24 | (3.2) A therapist has the right to communicate at any | ||||||
25 | time and in any fashion with his or her present or former | ||||||
26 | employer, principal, partner, professional corporation, or | ||||||
27 | professional liability insurance carrier, or counsel for | ||||||
28 | any of those entities, concerning any care or treatment he | ||||||
29 | or she provided, or assisted in providing, to any patient | ||||||
30 | within the scope of his or her employment, affiliation, or | ||||||
31 | other agency with the employer, principal, partner, or | ||||||
32 | professional corporation.
| ||||||
33 | (4) Records and communications made to or by a | ||||||
34 | therapist in the course
of examination ordered by a court | ||||||
35 | for good cause shown may, if otherwise
relevant and | ||||||
36 | admissible, be disclosed in a civil, criminal,
or |
| |||||||
| |||||||
1 | administrative proceeding in which the recipient is a party | ||||||
2 | or in
appropriate pretrial proceedings, provided such | ||||||
3 | court has found that the
recipient has been as adequately | ||||||
4 | and as effectively as possible informed
before submitting | ||||||
5 | to such examination that such records and communications
| ||||||
6 | would not be considered confidential or privileged. Such | ||||||
7 | records and
communications shall be admissible only as to | ||||||
8 | issues involving the
recipient's physical or mental | ||||||
9 | condition and only to the extent that these
are germane to | ||||||
10 | such proceedings.
| ||||||
11 | (5) Records and communications may be disclosed in a | ||||||
12 | proceeding under
the Probate Act of 1975, to determine a | ||||||
13 | recipient's competency or need for
guardianship, provided | ||||||
14 | that the disclosure is made only with respect to that | ||||||
15 | issue.
| ||||||
16 | (6) Records and communications may be disclosed when | ||||||
17 | such are made during
treatment which the recipient is | ||||||
18 | ordered to undergo to render him fit to
stand trial on a | ||||||
19 | criminal charge, provided that the disclosure is made only
| ||||||
20 | with respect to the issue of fitness to stand trial.
| ||||||
21 | (7) Records and communications of the recipient may be | ||||||
22 | disclosed in any
civil or administrative proceeding | ||||||
23 | involving the validity of or benefits
under a life, | ||||||
24 | accident, health or disability insurance policy or | ||||||
25 | certificate,
or Health Care Service Plan Contract, | ||||||
26 | insuring the recipient, but only if
and to the extent that | ||||||
27 | the recipient's mental condition, or treatment or
services | ||||||
28 | in connection therewith, is a material element of any claim | ||||||
29 | or
defense of any party, provided that information sought | ||||||
30 | or disclosed shall
not be redisclosed except in connection | ||||||
31 | with the proceeding in which
disclosure is made.
| ||||||
32 | (8) Records or communications may be disclosed when | ||||||
33 | such are relevant
to a matter in issue in any action | ||||||
34 | brought under this Act and proceedings
preliminary | ||||||
35 | thereto, provided that any information so disclosed shall | ||||||
36 | not
be utilized for any other purpose nor be redisclosed |
| |||||||
| |||||||
1 | except in connection
with such action or preliminary | ||||||
2 | proceedings.
| ||||||
3 | (9) Records and communications of the recipient may be | ||||||
4 | disclosed in
investigations of and trials for homicide when | ||||||
5 | the disclosure relates directly
to the fact or immediate | ||||||
6 | circumstances of the homicide.
| ||||||
7 | (10) Records and communications of a deceased | ||||||
8 | recipient may be
disclosed to a coroner conducting a | ||||||
9 | preliminary investigation into the
recipient's death under | ||||||
10 | Section 3-3013 of the Counties Code. However,
records and | ||||||
11 | communications of the deceased recipient disclosed in an
| ||||||
12 | investigation shall be limited solely to the deceased | ||||||
13 | recipient's records
and communications relating to the | ||||||
14 | factual circumstances of the incident
being investigated | ||||||
15 | in a mental health facility.
| ||||||
16 | (11) Records and communications of a recipient shall be | ||||||
17 | disclosed in a
proceeding
where a petition or motion is | ||||||
18 | filed under the Juvenile Court Act of 1987 and
the | ||||||
19 | recipient is
named as a parent, guardian, or legal | ||||||
20 | custodian of a minor who is the subject
of a petition for | ||||||
21 | wardship as
described in Section
2-3 of that Act or a minor | ||||||
22 | who is the subject of a petition for wardship as
described | ||||||
23 | in Section 2-4 of that
Act alleging the
minor is abused, | ||||||
24 | neglected, or dependent or the recipient is named as a | ||||||
25 | parent
of a child
who is the subject of
a petition, | ||||||
26 | supplemental petition, or motion to appoint a guardian with | ||||||
27 | the
power to consent to
adoption under Section 2-29 of the | ||||||
28 | Juvenile Court Act
of 1987.
| ||||||
29 | (12) Records and communications of a recipient may be
| ||||||
30 | disclosed when disclosure is necessary to collect sums or | ||||||
31 | receive
third party payment representing charges for | ||||||
32 | mental health or
developmental disabilities services | ||||||
33 | provided by a therapist or
agency to a recipient; however, | ||||||
34 | disclosure shall be limited to
information needed to pursue | ||||||
35 | collection, and the information so
disclosed may not be | ||||||
36 | used for any other purposes nor may it be
redisclosed |
| |||||||
| |||||||
1 | except in connection with collection activities.
Whenever | ||||||
2 | records are disclosed pursuant to this subdivision (12), | ||||||
3 | the
recipient of the records shall be advised in writing | ||||||
4 | that any person who
discloses mental health records and | ||||||
5 | communications in violation of this Act may
be subject to | ||||||
6 | civil liability pursuant to Section 15 of this Act or to | ||||||
7 | criminal
penalties pursuant to Section 16 of this Act or | ||||||
8 | both.
| ||||||
9 | (b) Before a disclosure is made under subsection (a), any | ||||||
10 | party to the
proceeding or any other interested person may | ||||||
11 | request an in camera review
of the record or communications to | ||||||
12 | be disclosed. The court or agency
conducting the proceeding may | ||||||
13 | hold an in camera review on its own motion , except that this | ||||||
14 | provision does not apply to paragraph (3.1) of subsection (a) | ||||||
15 | regarding consultations between a therapist and his or her own | ||||||
16 | counsel or professional liability insurance carrier or | ||||||
17 | paragraph (3.2) of subsection (a) regarding consultations | ||||||
18 | between a therapist and his or her employer, principal, | ||||||
19 | partner, professional corporation, or professional liability | ||||||
20 | insurance carrier, or counsel for any of those entities .
When, | ||||||
21 | contrary to the express wish of the recipient, the therapist | ||||||
22 | asserts
a privilege on behalf and in the interest of a | ||||||
23 | recipient, the court may
require that the therapist, in an in | ||||||
24 | camera hearing, establish that
disclosure is not in the best | ||||||
25 | interest of the recipient. The court or
agency may prevent | ||||||
26 | disclosure or limit disclosure to the extent that other
| ||||||
27 | admissible evidence is sufficient to establish the facts in | ||||||
28 | issue , except that a court may not prevent or limit disclosures | ||||||
29 | between a therapist and his or her own counsel or between a | ||||||
30 | therapist and his or her employer, principal, partner, | ||||||
31 | professional corporation, or professional liability insurance | ||||||
32 | carrier, or counsel for any of those entities . The
court or | ||||||
33 | agency may enter such orders as may be necessary in order to
| ||||||
34 | protect the confidentiality, privacy, and safety of the | ||||||
35 | recipient or of
other persons. Any order to disclose or to not | ||||||
36 | disclose shall be
considered a final order for purposes of |
| |||||||
| |||||||
1 | appeal and shall be subject to
interlocutory appeal.
| ||||||
2 | (c) A recipient's records and communications may be | ||||||
3 | disclosed to a
duly authorized committee, commission or | ||||||
4 | subcommittee of the General
Assembly which possesses subpoena | ||||||
5 | and hearing powers, upon a written
request approved by a | ||||||
6 | majority vote of the committee, commission or
subcommittee | ||||||
7 | members. The committee, commission or subcommittee may
request | ||||||
8 | records only for the purposes of investigating or studying
| ||||||
9 | possible violations of recipient rights. The request shall | ||||||
10 | state the
purpose for which disclosure is sought.
| ||||||
11 | The facility shall notify the recipient, or his guardian, | ||||||
12 | and therapist in
writing of any disclosure request under this | ||||||
13 | subsection within 5 business
days after such request. Such | ||||||
14 | notification shall also inform the
recipient, or guardian, and | ||||||
15 | therapist of their right to object to the
disclosure within 10 | ||||||
16 | business days after receipt of the notification and
shall | ||||||
17 | include the name, address and telephone number of the
| ||||||
18 | committee, commission or subcommittee member or staff person | ||||||
19 | with whom an
objection shall be filed. If no objection has been | ||||||
20 | filed within 15
business days after the request for disclosure, | ||||||
21 | the facility shall disclose
the records and communications to | ||||||
22 | the committee, commission or
subcommittee. If an objection has | ||||||
23 | been filed within 15 business days after
the request for | ||||||
24 | disclosure, the facility shall disclose the records and
| ||||||
25 | communications only after the committee, commission or | ||||||
26 | subcommittee has
permitted the recipient, guardian or | ||||||
27 | therapist to present his objection in
person before it and has | ||||||
28 | renewed its request for disclosure by a majority
vote of its | ||||||
29 | members.
| ||||||
30 | Disclosure under this subsection shall not occur until all | ||||||
31 | personally
identifiable data of the recipient and provider are | ||||||
32 | removed from the
records and communications. Disclosure under | ||||||
33 | this subsection shall not
occur in any public proceeding.
| ||||||
34 | (d) No party to any proceeding described under paragraphs | ||||||
35 | (1), (2),
(3), (4), (7), or (8) of subsection (a) of this | ||||||
36 | Section, nor his or
her attorney, shall serve a subpoena |
| |||||||
| |||||||
1 | seeking to obtain access to records or
communications under | ||||||
2 | this Act unless the subpoena is accompanied by a
written order | ||||||
3 | issued by a judge, authorizing the disclosure of the records
or | ||||||
4 | the issuance of the subpoena. No person shall comply with a | ||||||
5 | subpoena for
records or communications under this Act, unless | ||||||
6 | the subpoena is
accompanied by a written order authorizing the | ||||||
7 | issuance of the subpoena or
the disclosure of the records.
| ||||||
8 | (e) When a person has been transported by a peace officer | ||||||
9 | to a mental
health facility, then upon the request of a peace | ||||||
10 | officer, if the person is
allowed to leave the mental health | ||||||
11 | facility within 48 hours of arrival,
excluding Saturdays, | ||||||
12 | Sundays, and holidays, the facility director shall notify
the | ||||||
13 | local law enforcement authority prior to the release of the | ||||||
14 | person. The
local law enforcement authority may re-disclose the | ||||||
15 | information as necessary to
alert the appropriate enforcement | ||||||
16 | or prosecuting authority.
| ||||||
17 | (f) A recipient's records and communications shall be | ||||||
18 | disclosed to the
Inspector General of the Department of Human | ||||||
19 | Services within 10 business days
of a request by the Inspector | ||||||
20 | General
in the course of an investigation authorized by the | ||||||
21 | Abused and Neglected Long
Term Care Facility Residents | ||||||
22 | Reporting Act and applicable rule. The request
shall be
in | ||||||
23 | writing and signed by the Inspector General or his or her | ||||||
24 | designee. The
request shall state the purpose for which | ||||||
25 | disclosure is sought. Any person who
knowingly and willfully | ||||||
26 | refuses to comply with such a request is guilty of a
Class A | ||||||
27 | misdemeanor.
| ||||||
28 | This amendatory Act of the 93rd General Assembly applies to | ||||||
29 | causes of action filed on or after its effective date.
| ||||||
30 | (Source: P.A. 91-726, eff. 6-2-00; 92-358, eff. 8-15-01; | ||||||
31 | 92-708, eff.
7-19-02.)
| ||||||
32 | Section 5-35. The Wrongful Death Act is amended by changing | ||||||
33 | Section 1 as follows:
| ||||||
34 | (740 ILCS 180/1) (from Ch. 70, par. 1)
|
| |||||||
| |||||||
1 | (Text of Section WITHOUT the changes made by P.A. 89-7, | ||||||
2 | which has been held
unconstitutional)
| ||||||
3 | Sec. 1. Whenever the death of a person shall be caused
by | ||||||
4 | wrongful act, neglect or default, and the act, neglect or | ||||||
5 | default is
such as would, if death had not ensued, have | ||||||
6 | entitled the party injured to
maintain an action and recover | ||||||
7 | damages in respect thereof, then and in
every such case the | ||||||
8 | person who or company or corporation which would have
been | ||||||
9 | liable if death had not ensued, shall be liable to an action | ||||||
10 | for
damages, notwithstanding the death of the person injured, | ||||||
11 | and although the
death shall have been caused under such | ||||||
12 | circumstances as amount in law to
felony. No action may be | ||||||
13 | brought under this Act if the decedent had brought a cause of | ||||||
14 | action with respect to the same underlying incident or | ||||||
15 | occurrence that was settled or on which judgment was rendered.
| ||||||
16 | This amendatory Act of the 93rd General Assembly applies | ||||||
17 | only to causes of action accruing on or after its effective | ||||||
18 | date.
| ||||||
19 | (Source: Laws 1853, p. 97.)
| ||||||
20 | Section 5-40. The Good Samaritan Act is amended by changing | ||||||
21 | Section 30 as follows:
| ||||||
22 | (745 ILCS 49/30)
| ||||||
23 | Sec. 30. Free medical clinic; exemption from civil | ||||||
24 | liability for services
performed without compensation.
| ||||||
25 | (a) A person licensed under the Medical Practice Act of | ||||||
26 | 1987, a person
licensed to practice the treatment of human | ||||||
27 | ailments in any
other state or territory of the United States, | ||||||
28 | or a health care professional,
including but not limited to an | ||||||
29 | advanced practice nurse, physician
assistant, nurse, | ||||||
30 | pharmacist, physical therapist, podiatrist, or social worker
| ||||||
31 | licensed in this State or any other state or territory of the | ||||||
32 | United States,
who, in good faith, provides medical treatment,
| ||||||
33 | diagnosis, or advice as a part of the services of an
| ||||||
34 | established free medical clinic providing care to medically |
| |||||||
| |||||||
1 | indigent patients
which is limited to care that does not | ||||||
2 | require the services of a
licensed hospital or ambulatory | ||||||
3 | surgical treatment center and who receives
no fee or | ||||||
4 | compensation from that source shall not be liable for civil
| ||||||
5 | damages as a result of his or her acts or omissions in
| ||||||
6 | providing that medical treatment, except for willful or wanton | ||||||
7 | misconduct.
| ||||||
8 | (b) For purposes of this Section, a "free medical clinic" | ||||||
9 | is an
organized community based program providing medical care | ||||||
10 | without
charge to individuals unable to pay for it, at which | ||||||
11 | the
care provided does not include the use
of general | ||||||
12 | anesthesia or require an overnight stay in a health-care | ||||||
13 | facility.
| ||||||
14 | (c) The provisions of subsection (a) of this Section do not | ||||||
15 | apply to a
particular case unless the free medical
clinic has | ||||||
16 | posted in a conspicuous place on its premises an explanation of | ||||||
17 | the
exemption from civil liability provided herein.
| ||||||
18 | (d) The immunity from civil damages provided under | ||||||
19 | subsection (a) also
applies to physicians, hospitals, and other | ||||||
20 | health care providers that provide
further medical treatment, | ||||||
21 | diagnosis, or advice to a patient upon referral from
an | ||||||
22 | established free medical clinic without fee or compensation. | ||||||
23 | The immunity for civil damages provided under subsection (a) | ||||||
24 | also applies to physicians and other health care professionals | ||||||
25 | that provide medical treatment, diagnosis, or advice at | ||||||
26 | federally qualified health care centers without fee or | ||||||
27 | compensation.
| ||||||
28 | (e) Nothing in this Section prohibits a free medical clinic | ||||||
29 | from accepting
voluntary contributions for medical services | ||||||
30 | provided to a patient who has
acknowledged his or her ability | ||||||
31 | and willingness to pay a portion of the value
of the medical | ||||||
32 | services provided.
| ||||||
33 | (f) Any voluntary contribution collected for providing | ||||||
34 | care at a free medical
clinic shall be used only to pay | ||||||
35 | overhead expenses of operating the clinic. No
portion of any | ||||||
36 | moneys collected shall be used to provide a fee or other
|
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | compensation to any person licensed under Medical Practice Act | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | of 1987.
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3 | (Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)
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4 | ARTICLE 90 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Section 90-90. Severability. If any provision of this Act, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | including both the new and the amendatory provisions, or its | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | application to any person or circumstance is held invalid, the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | invalidity of that provision or application does not affect | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | other provisions or applications of this Act that can be given | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | effect without the invalid provision or application. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | ARTICLE 99 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | Section 99-99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | becoming law.
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