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1 | AN ACT concerning medical malpractice.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||
4 | ARTICLE 1. | ||||||||||||||||||||||||
5 | Section 1-1. Legislative findings. The General Assembly | ||||||||||||||||||||||||
6 | finds that: | ||||||||||||||||||||||||
7 | 1. Illinois is in the midst of a medical malpractice | ||||||||||||||||||||||||
8 | insurance crisis of unprecedented magnitude. | ||||||||||||||||||||||||
9 | 2. Illinois is among the states with the highest | ||||||||||||||||||||||||
10 | medical malpractice insurance premiums in the nation. | ||||||||||||||||||||||||
11 | 3. Medical Malpractice insurance in Illinois is | ||||||||||||||||||||||||
12 | unavailable or unaffordable for many hospitals and | ||||||||||||||||||||||||
13 | physicians. | ||||||||||||||||||||||||
14 | 4. The high and increasing cost of medical malpractice | ||||||||||||||||||||||||
15 | insurance in Illinois is causing health care providers to | ||||||||||||||||||||||||
16 | eliminate or reduce the provision of medical care | ||||||||||||||||||||||||
17 | throughout the State. | ||||||||||||||||||||||||
18 | 5. The crisis is discouraging medical students from | ||||||||||||||||||||||||
19 | choosing Illinois as the place they will receive their | ||||||||||||||||||||||||
20 | medical education and practice medicine. | ||||||||||||||||||||||||
21 | 6. The increase in medical malpractice liability | ||||||||||||||||||||||||
22 | insurance rates is forcing physicians to practice medicine | ||||||||||||||||||||||||
23 | without professional liability insurance, to leave | ||||||||||||||||||||||||
24 | Illinois, to not perform high-risk procedures, or to retire | ||||||||||||||||||||||||
25 | early from the practice of medicine. | ||||||||||||||||||||||||
26 | 7. The high and increasing cost of medical malpractice | ||||||||||||||||||||||||
27 | insurance is due in large part to the inefficiency and | ||||||||||||||||||||||||
28 | unpredictability of adjudicating claims through the civil | ||||||||||||||||||||||||
29 | justice system. | ||||||||||||||||||||||||
30 | 8. Much of this inefficiency stems from the time and | ||||||||||||||||||||||||
31 | resources needlessly spent on valuing uncertain and | ||||||||||||||||||||||||
32 | unpredictable claims of medical negligence. |
| |||||||
| |||||||
1 | 9. The public would benefit by making medical liability | ||||||
2 | coverage for hospitals and physicians more affordable, | ||||||
3 | which would make health care more available. | ||||||
4 | ARTICLE 3. | ||||||
5 | Section 3-5. The Medical Practice Act of 1987 is amended by | ||||||
6 | changing Sections 7, 22, and 23 as follows:
| ||||||
7 | (225 ILCS 60/7) (from Ch. 111, par. 4400-7)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2007)
| ||||||
9 | Sec. 7. Medical Disciplinary Board.
| ||||||
10 | (A) There is hereby created the Illinois
State Medical | ||||||
11 | Disciplinary Board (hereinafter referred to as
the | ||||||
12 | "Disciplinary Board"). The Disciplinary Board shall
consist of | ||||||
13 | 9 members, to be appointed by the Governor by and
with the | ||||||
14 | advice and consent of the Senate. All shall be
residents of the | ||||||
15 | State, not more than 5 of whom shall be
members of the same | ||||||
16 | political party. Five members shall be
physicians licensed to | ||||||
17 | practice medicine in all of its
branches in Illinois possessing | ||||||
18 | the degree of doctor of
medicine. Two shall be members of the | ||||||
19 | public, who shall not
be engaged in any way, directly or | ||||||
20 | indirectly, as providers
of health care. The 2 public members | ||||||
21 | shall act as
voting members. One member shall be a physician
| ||||||
22 | licensed to practice in Illinois possessing the degree of
| ||||||
23 | doctor of osteopathy or osteopathic medicine. One member shall | ||||||
24 | be a
physician licensed to practice in Illinois and possessing | ||||||
25 | the degree
of doctor of chiropractic.
| ||||||
26 | (B) Members of the Disciplinary Board shall be appointed
| ||||||
27 | for terms of 4 years. Upon the expiration of the term of
any | ||||||
28 | member, their successor shall be appointed for a term of
4 | ||||||
29 | years by the Governor by and with the advice and
consent of the | ||||||
30 | Senate. The Governor shall fill any vacancy
for the remainder | ||||||
31 | of the unexpired term by and with the
advice and consent of the | ||||||
32 | Senate. Upon recommendation of
the Board, any member of the | ||||||
33 | Disciplinary Board may be
removed by the Governor for |
| |||||||
| |||||||
1 | misfeasance, malfeasance, or
wilful neglect of duty, after | ||||||
2 | notice, and a public hearing,
unless such notice and hearing | ||||||
3 | shall be expressly waived in
writing. Each member shall serve | ||||||
4 | on the Disciplinary Board
until their successor is appointed | ||||||
5 | and qualified. No member
of the Disciplinary Board shall serve | ||||||
6 | more than 2
consecutive 4 year terms.
| ||||||
7 | In making appointments the Governor shall attempt to
insure | ||||||
8 | that the various social and geographic regions of the
State of | ||||||
9 | Illinois are properly represented.
| ||||||
10 | In making the designation of persons to act for the
several | ||||||
11 | professions represented on the Disciplinary Board,
the | ||||||
12 | Governor shall give due consideration to recommendations
by | ||||||
13 | members of the respective professions and by
organizations | ||||||
14 | therein.
| ||||||
15 | (C) The Disciplinary Board shall annually elect one of
its | ||||||
16 | voting members as chairperson and one as vice
chairperson. No | ||||||
17 | officer shall be elected more than twice
in succession to the | ||||||
18 | same office. Each officer shall serve
until their successor has | ||||||
19 | been elected and qualified.
| ||||||
20 | (D) (Blank).
| ||||||
21 | (E) Four voting members of the Disciplinary Board
shall | ||||||
22 | constitute a quorum. A vacancy in the membership of
the | ||||||
23 | Disciplinary Board shall not impair the right of a
quorum to | ||||||
24 | exercise all the rights and perform all the duties
of the | ||||||
25 | Disciplinary Board. Any action taken by the
Disciplinary Board | ||||||
26 | under this Act may be authorized by
resolution at any regular | ||||||
27 | or special meeting and each such
resolution shall take effect | ||||||
28 | immediately. The Disciplinary
Board shall meet at least | ||||||
29 | quarterly. The Disciplinary Board
is empowered to adopt all | ||||||
30 | rules and regulations necessary
and incident to the powers | ||||||
31 | granted to it under this Act.
| ||||||
32 | (F) Each member, and member-officer, of the
Disciplinary | ||||||
33 | Board shall receive a per diem stipend as the
Director of the | ||||||
34 | Department, hereinafter referred to as the
Director, shall | ||||||
35 | determine. The Director shall also
determine the per diem | ||||||
36 | stipend that each ex-officio member
shall receive. Each member |
| |||||||
| |||||||
1 | shall be paid their necessary
expenses while engaged in the | ||||||
2 | performance of their duties.
| ||||||
3 | (G) The Director shall select a Chief Medical
Coordinator | ||||||
4 | and up to 3
a Deputy Medical Coordinators
Coordinator who shall | ||||||
5 | not
be members of the Disciplinary Board. Each medical
| ||||||
6 | coordinator shall be a physician licensed to practice
medicine | ||||||
7 | in all of its branches, and the Director shall set
their rates | ||||||
8 | of compensation. The Director shall assign at least
one
medical
| ||||||
9 | coordinator to a region composed of Cook County and
such other | ||||||
10 | counties as the Director may deem appropriate,
and such medical | ||||||
11 | coordinators
coordinator shall locate their office in
Chicago. | ||||||
12 | The Director shall assign at least one
the remaining medical
| ||||||
13 | coordinator to regions to cover
a region composed of the | ||||||
14 | balance of counties
in the State, and such medical coordinators
| ||||||
15 | coordinator shall locate
their office in Springfield. Each | ||||||
16 | medical coordinator shall
be the chief enforcement officer of | ||||||
17 | this Act in their
assigned region and shall serve at the will | ||||||
18 | of the
Disciplinary Board.
| ||||||
19 | The Director shall employ, in conformity with the
Personnel | ||||||
20 | Code, not less than one full time investigator
for every 3000
| ||||||
21 | 5000 physicians licensed in the State and such other fulltime | ||||||
22 | investigators as the Director deems necessary . Each
| ||||||
23 | investigator shall be a college graduate with at least 2
years' | ||||||
24 | investigative experience or one year advanced medical
| ||||||
25 | education. Upon the written request of the Disciplinary
Board, | ||||||
26 | the Director shall employ, in conformity with the
Personnel | ||||||
27 | Code, such other professional, technical,
investigative, and | ||||||
28 | clerical help, either on a full or
part-time basis as the | ||||||
29 | Disciplinary Board deems necessary
for the proper performance | ||||||
30 | of its duties.
| ||||||
31 | (H) Upon the specific request of the Disciplinary
Board, | ||||||
32 | signed by either the chairman, vice chairman, or a
medical | ||||||
33 | coordinator of the Disciplinary Board, the
Department of Human | ||||||
34 | Services or the
Department of State Police shall make available | ||||||
35 | any and all
information that they have in their possession | ||||||
36 | regarding a
particular case then under investigation by the |
| |||||||
| |||||||
1 | Disciplinary
Board.
| ||||||
2 | (I) Members of the Disciplinary Board shall be immune
from | ||||||
3 | suit in any action based upon any disciplinary
proceedings or | ||||||
4 | other acts performed in good faith as members
of the | ||||||
5 | Disciplinary Board.
| ||||||
6 | (J) The Disciplinary Board may compile and establish a
| ||||||
7 | statewide roster of physicians and other medical
| ||||||
8 | professionals, including the several medical specialties, of
| ||||||
9 | such physicians and medical professionals, who have agreed
to | ||||||
10 | serve from time to time as advisors to the medical
| ||||||
11 | coordinators. Such advisors shall assist the medical
| ||||||
12 | coordinators in their investigations and participation in
| ||||||
13 | complaints against physicians. Such advisors shall serve
under | ||||||
14 | contract and shall be reimbursed at a reasonable rate for the | ||||||
15 | services
provided, plus reasonable expenses incurred.
While | ||||||
16 | serving in this capacity, the advisor, for any act
undertaken | ||||||
17 | in good faith and in the conduct of their duties
under this | ||||||
18 | Section, shall be immune from civil suit.
| ||||||
19 | (Source: P.A. 93-138, eff. 7-10-03.)
| ||||||
20 | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2007)
| ||||||
22 | Sec. 22. Disciplinary action.
| ||||||
23 | (A) The Department may revoke, suspend, place on | ||||||
24 | probationary
status, or take any other disciplinary action as | ||||||
25 | the Department may deem proper
with regard to the license or | ||||||
26 | visiting professor permit of any person issued
under this Act | ||||||
27 | to practice medicine, or to treat human ailments without the | ||||||
28 | use
of drugs and without operative surgery upon any of the | ||||||
29 | following grounds:
| ||||||
30 | (1) Performance of an elective abortion in any place, | ||||||
31 | locale,
facility, or
institution other than:
| ||||||
32 | (a) a facility licensed pursuant to the Ambulatory | ||||||
33 | Surgical Treatment
Center Act;
| ||||||
34 | (b) an institution licensed under the Hospital | ||||||
35 | Licensing Act; or
|
| |||||||
| |||||||
1 | (c) an ambulatory surgical treatment center or | ||||||
2 | hospitalization or care
facility maintained by the | ||||||
3 | State or any agency thereof, where such department
or | ||||||
4 | agency has authority under law to establish and enforce | ||||||
5 | standards for the
ambulatory surgical treatment | ||||||
6 | centers, hospitalization, or care facilities
under its | ||||||
7 | management and control; or
| ||||||
8 | (d) ambulatory surgical treatment centers, | ||||||
9 | hospitalization or care
facilities maintained by the | ||||||
10 | Federal Government; or
| ||||||
11 | (e) ambulatory surgical treatment centers, | ||||||
12 | hospitalization or care
facilities maintained by any | ||||||
13 | university or college established under the laws
of | ||||||
14 | this State and supported principally by public funds | ||||||
15 | raised by
taxation.
| ||||||
16 | (2) Performance of an abortion procedure in a wilful | ||||||
17 | and wanton
manner on a
woman who was not pregnant at the | ||||||
18 | time the abortion procedure was
performed.
| ||||||
19 | (3) The conviction of a felony in this or any other
| ||||||
20 | jurisdiction, except as
otherwise provided in subsection B | ||||||
21 | of this Section, whether or not related to
practice under | ||||||
22 | this Act, or the entry of a guilty or nolo contendere plea | ||||||
23 | to a
felony charge.
| ||||||
24 | (4) Gross negligence in practice under this Act.
| ||||||
25 | (5) Engaging in dishonorable, unethical or | ||||||
26 | unprofessional
conduct of a
character likely to deceive, | ||||||
27 | defraud or harm the public.
| ||||||
28 | (6) Obtaining any fee by fraud, deceit, or
| ||||||
29 | misrepresentation.
| ||||||
30 | (7) Habitual or excessive use or abuse of drugs defined | ||||||
31 | in law
as
controlled substances, of alcohol, or of any | ||||||
32 | other substances which results in
the inability to practice | ||||||
33 | with reasonable judgment, skill or safety.
| ||||||
34 | (8) Practicing under a false or, except as provided by | ||||||
35 | law, an
assumed
name.
| ||||||
36 | (9) Fraud or misrepresentation in applying for, or |
| |||||||
| |||||||
1 | procuring, a
license
under this Act or in connection with | ||||||
2 | applying for renewal of a license under
this Act.
| ||||||
3 | (10) Making a false or misleading statement regarding | ||||||
4 | their
skill or the
efficacy or value of the medicine, | ||||||
5 | treatment, or remedy prescribed by them at
their direction | ||||||
6 | in the treatment of any disease or other condition of the | ||||||
7 | body
or mind.
| ||||||
8 | (11) Allowing another person or organization to use | ||||||
9 | their
license, procured
under this Act, to practice.
| ||||||
10 | (12) Disciplinary action of another state or | ||||||
11 | jurisdiction
against a license
or other authorization to | ||||||
12 | practice as a medical doctor, doctor of osteopathy,
doctor | ||||||
13 | of osteopathic medicine or
doctor of chiropractic, a | ||||||
14 | certified copy of the record of the action taken by
the | ||||||
15 | other state or jurisdiction being prima facie evidence | ||||||
16 | thereof.
| ||||||
17 | (13) Violation of any provision of this Act or of the | ||||||
18 | Medical
Practice Act
prior to the repeal of that Act, or | ||||||
19 | violation of the rules, or a final
administrative action of | ||||||
20 | the Director, after consideration of the
recommendation of | ||||||
21 | the Disciplinary Board.
| ||||||
22 | (14) Dividing with anyone other than physicians with | ||||||
23 | whom the
licensee
practices in a partnership, Professional | ||||||
24 | Association, limited liability
company, or Medical or | ||||||
25 | Professional
Corporation any fee, commission, rebate or | ||||||
26 | other form of compensation for any
professional services | ||||||
27 | not actually and personally rendered. Nothing contained
in | ||||||
28 | this subsection prohibits persons holding valid and | ||||||
29 | current licenses under
this Act from practicing medicine in | ||||||
30 | partnership under a partnership
agreement, including a | ||||||
31 | limited liability partnership, in a limited liability
| ||||||
32 | company under the Limited Liability Company Act, in a | ||||||
33 | corporation authorized by
the Medical Corporation Act, as | ||||||
34 | an
association authorized by the Professional Association | ||||||
35 | Act, or in a
corporation under the
Professional Corporation | ||||||
36 | Act or from pooling, sharing, dividing or
apportioning the |
| |||||||
| |||||||
1 | fees and monies received by them or by the partnership,
| ||||||
2 | corporation or association in accordance with the | ||||||
3 | partnership agreement or the
policies of the Board of | ||||||
4 | Directors of the corporation or association. Nothing
| ||||||
5 | contained in this subsection prohibits 2 or more | ||||||
6 | corporations authorized by the
Medical Corporation Act, | ||||||
7 | from forming a partnership or joint venture of such
| ||||||
8 | corporations, and providing medical, surgical and | ||||||
9 | scientific research and
knowledge by employees of these | ||||||
10 | corporations if such employees are licensed
under this Act, | ||||||
11 | or from pooling, sharing, dividing, or apportioning the | ||||||
12 | fees
and monies received by the partnership or joint | ||||||
13 | venture in accordance with the
partnership or joint venture | ||||||
14 | agreement. Nothing contained in this subsection
shall | ||||||
15 | abrogate the right of 2 or more persons, holding valid and | ||||||
16 | current
licenses under this Act, to each receive adequate | ||||||
17 | compensation for concurrently
rendering professional | ||||||
18 | services to a patient and divide a fee; provided, the
| ||||||
19 | patient has full knowledge of the division, and, provided, | ||||||
20 | that the division is
made in proportion to the services | ||||||
21 | performed and responsibility assumed by
each.
| ||||||
22 | (15) A finding by the Medical Disciplinary Board that | ||||||
23 | the
registrant after
having his or her license placed on | ||||||
24 | probationary status or subjected to
conditions or | ||||||
25 | restrictions violated the terms of the probation or failed | ||||||
26 | to
comply with such terms or conditions.
| ||||||
27 | (16) Abandonment of a patient.
| ||||||
28 | (17) Prescribing, selling, administering, | ||||||
29 | distributing, giving
or
self-administering any drug | ||||||
30 | classified as a controlled substance (designated
product) | ||||||
31 | or narcotic for other than medically accepted therapeutic
| ||||||
32 | purposes.
| ||||||
33 | (18) Promotion of the sale of drugs, devices, | ||||||
34 | appliances or
goods provided
for a patient in such manner | ||||||
35 | as to exploit the patient for financial gain of
the | ||||||
36 | physician.
|
| |||||||
| |||||||
1 | (19) Offering, undertaking or agreeing to cure or treat
| ||||||
2 | disease by a secret
method, procedure, treatment or | ||||||
3 | medicine, or the treating, operating or
prescribing for any | ||||||
4 | human condition by a method, means or procedure which the
| ||||||
5 | licensee refuses to divulge upon demand of the Department.
| ||||||
6 | (20) Immoral conduct in the commission of any act | ||||||
7 | including,
but not limited to, commission of an act of | ||||||
8 | sexual misconduct related to the
licensee's
practice.
| ||||||
9 | (21) Wilfully making or filing false records or reports | ||||||
10 | in his
or her
practice as a physician, including, but not | ||||||
11 | limited to, false records to
support claims against the | ||||||
12 | medical assistance program of the Department of
Public Aid | ||||||
13 | under the Illinois Public Aid Code.
| ||||||
14 | (22) Wilful omission to file or record, or wilfully | ||||||
15 | impeding
the filing or
recording, or inducing another | ||||||
16 | person to omit to file or record, medical
reports as | ||||||
17 | required by law, or wilfully failing to report an instance | ||||||
18 | of
suspected abuse or neglect as required by law.
| ||||||
19 | (23) Being named as a perpetrator in an indicated | ||||||
20 | report by
the Department
of Children and Family Services | ||||||
21 | under the Abused and Neglected Child Reporting
Act, and | ||||||
22 | upon proof by clear and convincing evidence that the | ||||||
23 | licensee has
caused a child to be an abused child or | ||||||
24 | neglected child as defined in the
Abused and Neglected | ||||||
25 | Child Reporting Act.
| ||||||
26 | (24) Solicitation of professional patronage by any
| ||||||
27 | corporation, agents or
persons, or profiting from those | ||||||
28 | representing themselves to be agents of the
licensee.
| ||||||
29 | (25) Gross and wilful and continued overcharging for
| ||||||
30 | professional services,
including filing false statements | ||||||
31 | for collection of fees for which services are
not rendered, | ||||||
32 | including, but not limited to, filing such false statements | ||||||
33 | for
collection of monies for services not rendered from the | ||||||
34 | medical assistance
program of the Department of Public Aid | ||||||
35 | under the Illinois Public Aid
Code.
| ||||||
36 | (26) A pattern of practice or other behavior which
|
| |||||||
| |||||||
1 | demonstrates incapacity
or incompetence to practice under | ||||||
2 | this Act.
| ||||||
3 | (27) Mental illness or disability which results in the
| ||||||
4 | inability to
practice under this Act with reasonable | ||||||
5 | judgment, skill or safety.
| ||||||
6 | (28) Physical illness, including, but not limited to,
| ||||||
7 | deterioration through
the aging process, or loss of motor | ||||||
8 | skill which results in a physician's
inability to practice | ||||||
9 | under this Act with reasonable judgment, skill or
safety.
| ||||||
10 | (29) Cheating on or attempt to subvert the licensing
| ||||||
11 | examinations
administered under this Act.
| ||||||
12 | (30) Wilfully or negligently violating the | ||||||
13 | confidentiality
between
physician and patient except as | ||||||
14 | required by law.
| ||||||
15 | (31) The use of any false, fraudulent, or deceptive | ||||||
16 | statement
in any
document connected with practice under | ||||||
17 | this Act.
| ||||||
18 | (32) Aiding and abetting an individual not licensed | ||||||
19 | under this
Act in the
practice of a profession licensed | ||||||
20 | under this Act.
| ||||||
21 | (33) Violating state or federal laws or regulations | ||||||
22 | relating
to controlled
substances.
| ||||||
23 | (34) Failure to report to the Department any adverse | ||||||
24 | final
action taken
against them by another licensing | ||||||
25 | jurisdiction (any other state or any
territory of the | ||||||
26 | United States or any foreign state or country), by any peer
| ||||||
27 | review body, by any health care institution, by any | ||||||
28 | professional society or
association related to practice | ||||||
29 | under this Act, by any governmental agency, by
any law | ||||||
30 | enforcement agency, or by any court for acts or conduct | ||||||
31 | similar to acts
or conduct which would constitute grounds | ||||||
32 | for action as defined in this
Section.
| ||||||
33 | (35) Failure to report to the Department surrender of a
| ||||||
34 | license or
authorization to practice as a medical doctor, a | ||||||
35 | doctor of osteopathy, a
doctor of osteopathic medicine, or | ||||||
36 | doctor
of chiropractic in another state or jurisdiction, or |
| |||||||
| |||||||
1 | surrender of membership on
any medical staff or in any | ||||||
2 | medical or professional association or society,
while | ||||||
3 | under disciplinary investigation by any of those | ||||||
4 | authorities or bodies,
for acts or conduct similar to acts | ||||||
5 | or conduct which would constitute grounds
for action as | ||||||
6 | defined in this Section.
| ||||||
7 | (36) Failure to report to the Department any adverse | ||||||
8 | judgment,
settlement,
or award arising from a liability | ||||||
9 | claim related to acts or conduct similar to
acts or conduct | ||||||
10 | which would constitute grounds for action as defined in | ||||||
11 | this
Section.
| ||||||
12 | (37) Failure to transfer copies of medical records as | ||||||
13 | required
by law.
| ||||||
14 | (38) Failure to furnish the Department, its | ||||||
15 | investigators or
representatives, relevant information, | ||||||
16 | legally requested by the Department
after consultation | ||||||
17 | with the Chief Medical Coordinator or the Deputy Medical
| ||||||
18 | Coordinator.
| ||||||
19 | (39) Violating the Health Care Worker Self-Referral
| ||||||
20 | Act.
| ||||||
21 | (40) Willful failure to provide notice when notice is | ||||||
22 | required
under the
Parental Notice of Abortion Act of 1995.
| ||||||
23 | (41) Failure to establish and maintain records of | ||||||
24 | patient care and
treatment as required by this law.
| ||||||
25 | (42) Entering into an excessive number of written | ||||||
26 | collaborative
agreements with licensed advanced practice | ||||||
27 | nurses resulting in an inability to
adequately collaborate | ||||||
28 | and provide medical direction.
| ||||||
29 | (43) Repeated failure to adequately collaborate with | ||||||
30 | or provide medical
direction to a licensed advanced | ||||||
31 | practice nurse.
| ||||||
32 | All proceedings to suspend,
revoke, place on probationary | ||||||
33 | status, or take any
other disciplinary action as the Department | ||||||
34 | may deem proper, with regard to a
license on any of the | ||||||
35 | foregoing grounds, must be commenced within 3 years next
after | ||||||
36 | receipt by the Department of a complaint alleging the |
| |||||||
| |||||||
1 | commission of or
notice of the conviction order for any of the | ||||||
2 | acts described herein. Except
for the grounds numbered (8), (9) | ||||||
3 | and (29), no action shall be commenced more
than 5 years after | ||||||
4 | the date of the incident or act alleged to have violated
this | ||||||
5 | Section , however incidents or acts up to 10 years after the | ||||||
6 | date of the incident or act alleged may be combined to allege a | ||||||
7 | pattern of practice under item (26) of subsection (A) of this | ||||||
8 | Section . In the event of the settlement of any claim or cause | ||||||
9 | of action
in favor of the claimant or the reduction to final | ||||||
10 | judgment of any civil action
in favor of the plaintiff, such | ||||||
11 | claim, cause of action or civil action being
grounded on the | ||||||
12 | allegation that a person licensed under this Act was negligent
| ||||||
13 | in providing care, the Department shall have an additional | ||||||
14 | period of 2 years
one year
from the date of notification to the | ||||||
15 | Department under Section 23 of this Act
of such settlement or | ||||||
16 | final judgment in which to investigate and
commence formal | ||||||
17 | disciplinary proceedings under Section 36 of this Act, except
| ||||||
18 | as otherwise provided by law. The Department shall expunge the | ||||||
19 | records of any investigation concluded by dismissal or closure | ||||||
20 | and any discipline solely for administrative matters 3 years | ||||||
21 | after final disposition or after the statute of limitations has | ||||||
22 | expired, whichever is greater. The time during which the holder | ||||||
23 | of the license
was outside the State of Illinois shall not be | ||||||
24 | included within any period of
time limiting the commencement of | ||||||
25 | disciplinary action by the Department.
| ||||||
26 | The entry of an order or judgment by any circuit court | ||||||
27 | establishing that any
person holding a license under this Act | ||||||
28 | is a person in need of mental treatment
operates as a | ||||||
29 | suspension of that license. That person may resume their
| ||||||
30 | practice only upon the entry of a Departmental order based upon | ||||||
31 | a finding by
the Medical Disciplinary Board that they have been | ||||||
32 | determined to be recovered
from mental illness by the court and | ||||||
33 | upon the Disciplinary Board's
recommendation that they be | ||||||
34 | permitted to resume their practice.
| ||||||
35 | The Department may refuse to issue or take disciplinary | ||||||
36 | action concerning the license of any person
who fails to file a |
| |||||||
| |||||||
1 | return, or to pay the tax, penalty or interest shown in a
filed | ||||||
2 | return, or to pay any final assessment of tax, penalty or | ||||||
3 | interest, as
required by any tax Act administered by the | ||||||
4 | Illinois Department of Revenue,
until such time as the | ||||||
5 | requirements of any such tax Act are satisfied as
determined by | ||||||
6 | the Illinois Department of Revenue.
| ||||||
7 | The Department, upon the recommendation of the | ||||||
8 | Disciplinary Board, shall
adopt rules which set forth standards | ||||||
9 | to be used in determining:
| ||||||
10 | (a) when a person will be deemed sufficiently | ||||||
11 | rehabilitated to warrant the
public trust;
| ||||||
12 | (b) what constitutes dishonorable, unethical or | ||||||
13 | unprofessional conduct of
a character likely to deceive, | ||||||
14 | defraud, or harm the public;
| ||||||
15 | (c) what constitutes immoral conduct in the commission | ||||||
16 | of any act,
including, but not limited to, commission of an | ||||||
17 | act of sexual misconduct
related
to the licensee's | ||||||
18 | practice; and
| ||||||
19 | (d) what constitutes gross negligence in the practice | ||||||
20 | of medicine.
| ||||||
21 | However, no such rule shall be admissible into evidence in | ||||||
22 | any civil action
except for review of a licensing or other | ||||||
23 | disciplinary action under this Act.
| ||||||
24 | In enforcing this Section, the Medical Disciplinary Board,
| ||||||
25 | upon a showing of a possible violation, may compel any | ||||||
26 | individual licensed to
practice under this Act, or who has | ||||||
27 | applied for licensure or a permit
pursuant to this Act, to | ||||||
28 | submit to a mental or physical examination, or both,
as | ||||||
29 | required by and at the expense of the Department. The examining | ||||||
30 | physician
or physicians shall be those specifically designated | ||||||
31 | by the Disciplinary Board.
The Medical Disciplinary Board or | ||||||
32 | the Department may order the examining
physician to present | ||||||
33 | testimony concerning this mental or physical examination
of the | ||||||
34 | licensee or applicant. No information shall be excluded by | ||||||
35 | reason of
any common
law or statutory privilege relating to | ||||||
36 | communication between the licensee or
applicant and
the |
| |||||||
| |||||||
1 | examining physician.
The individual to be examined may have, at | ||||||
2 | his or her own expense, another
physician of his or her choice | ||||||
3 | present during all aspects of the examination.
Failure of any | ||||||
4 | individual to submit to mental or physical examination, when
| ||||||
5 | directed, shall be grounds for suspension of his or her license | ||||||
6 | until such time
as the individual submits to the examination if | ||||||
7 | the Disciplinary Board finds,
after notice and hearing, that | ||||||
8 | the refusal to submit to the examination was
without reasonable | ||||||
9 | cause. If the Disciplinary Board finds a physician unable
to | ||||||
10 | practice because of the reasons set forth in this Section, the | ||||||
11 | Disciplinary
Board shall require such physician to submit to | ||||||
12 | care, counseling, or treatment
by physicians approved or | ||||||
13 | designated by the Disciplinary Board, as a condition
for | ||||||
14 | continued, reinstated, or renewed licensure to practice. Any | ||||||
15 | physician,
whose license was granted pursuant to Sections 9, | ||||||
16 | 17, or 19 of this Act, or,
continued, reinstated, renewed, | ||||||
17 | disciplined or supervised, subject to such
terms, conditions or | ||||||
18 | restrictions who shall fail to comply with such terms,
| ||||||
19 | conditions or restrictions, or to complete a required program | ||||||
20 | of care,
counseling, or treatment, as determined by the Chief | ||||||
21 | Medical Coordinator or
Deputy Medical Coordinators, shall be | ||||||
22 | referred to the Director for a
determination as to whether the | ||||||
23 | licensee shall have their license suspended
immediately, | ||||||
24 | pending a hearing by the Disciplinary Board. In instances in
| ||||||
25 | which the Director immediately suspends a license under this | ||||||
26 | Section, a hearing
upon such person's license must be convened | ||||||
27 | by the Disciplinary Board within 15
days after such suspension | ||||||
28 | and completed without appreciable delay. The
Disciplinary | ||||||
29 | Board shall have the authority to review the subject | ||||||
30 | physician's
record of treatment and counseling regarding the | ||||||
31 | impairment, to the extent
permitted by applicable federal | ||||||
32 | statutes and regulations safeguarding the
confidentiality of | ||||||
33 | medical records.
| ||||||
34 | An individual licensed under this Act, affected under this | ||||||
35 | Section, shall be
afforded an opportunity to demonstrate to the | ||||||
36 | Disciplinary Board that they can
resume practice in compliance |
| |||||||
| |||||||
1 | with acceptable and prevailing standards under
the provisions | ||||||
2 | of their license.
| ||||||
3 | The Department may promulgate rules for the imposition of | ||||||
4 | fines in
disciplinary cases, not to exceed $5,000 for each | ||||||
5 | violation of this Act. Fines
may be imposed in conjunction with | ||||||
6 | other forms of disciplinary action, but
shall not be the | ||||||
7 | exclusive disposition of any disciplinary action arising out
of | ||||||
8 | conduct resulting in death or injury to a patient. Any funds | ||||||
9 | collected from
such fines shall be deposited in the Medical | ||||||
10 | Disciplinary Fund.
| ||||||
11 | (B) The Department shall revoke the license or visiting
| ||||||
12 | permit of any person issued under this Act to practice medicine | ||||||
13 | or to treat
human ailments without the use of drugs and without | ||||||
14 | operative surgery, who
has been convicted a second time of | ||||||
15 | committing any felony under the
Illinois Controlled Substances | ||||||
16 | Act, or who has been convicted a second time of
committing a | ||||||
17 | Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois | ||||||
18 | Public
Aid Code. A person whose license or visiting permit is | ||||||
19 | revoked
under
this subsection B of Section 22 of this Act shall | ||||||
20 | be prohibited from practicing
medicine or treating human | ||||||
21 | ailments without the use of drugs and without
operative | ||||||
22 | surgery.
| ||||||
23 | (C) The Medical Disciplinary Board shall recommend to the
| ||||||
24 | Department civil
penalties and any other appropriate | ||||||
25 | discipline in disciplinary cases when the
Board finds that a | ||||||
26 | physician willfully performed an abortion with actual
| ||||||
27 | knowledge that the person upon whom the abortion has been | ||||||
28 | performed is a minor
or an incompetent person without notice as | ||||||
29 | required under the Parental Notice
of Abortion Act of 1995. | ||||||
30 | Upon the Board's recommendation, the Department shall
impose, | ||||||
31 | for the first violation, a civil penalty of $1,000 and for a | ||||||
32 | second or
subsequent violation, a civil penalty of $5,000.
| ||||||
33 | (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96; 89-626, | ||||||
34 | eff.
8-9-96; 89-702, eff. 7-1-97; 90-742, eff. 8-13-98.)
| ||||||
35 | (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2007)
| ||||||
2 | Sec. 23. Reports relating to professional conduct
and | ||||||
3 | capacity.
| ||||||
4 | (A) Entities required to report.
| ||||||
5 | (1) Health care institutions. The chief administrator
| ||||||
6 | or executive officer of any health care institution | ||||||
7 | licensed
by the Illinois Department of Public Health shall | ||||||
8 | report to
the Disciplinary Board when any person's clinical | ||||||
9 | privileges
are terminated or are restricted based on a | ||||||
10 | final
determination, in accordance with that institution's | ||||||
11 | by-laws
or rules and regulations, that a person has either | ||||||
12 | committed
an act or acts which may directly threaten | ||||||
13 | patient care, and not of an
administrative nature, or that | ||||||
14 | a person may be mentally or
physically disabled in such a | ||||||
15 | manner as to endanger patients
under that person's care. | ||||||
16 | Such officer also shall report if
a person accepts | ||||||
17 | voluntary termination or restriction of
clinical | ||||||
18 | privileges in lieu of formal action based upon conduct | ||||||
19 | related
directly to patient care and
not of an | ||||||
20 | administrative nature, or in lieu of formal action
seeking | ||||||
21 | to determine whether a person may be mentally or
physically | ||||||
22 | disabled in such a manner as to endanger patients
under | ||||||
23 | that person's care. The Medical Disciplinary Board
shall, | ||||||
24 | by rule, provide for the reporting to it of all
instances | ||||||
25 | in which a person, licensed under this Act, who is
impaired | ||||||
26 | by reason of age, drug or alcohol abuse or physical
or | ||||||
27 | mental impairment, is under supervision and, where
| ||||||
28 | appropriate, is in a program of rehabilitation. Such
| ||||||
29 | reports shall be strictly confidential and may be reviewed
| ||||||
30 | and considered only by the members of the Disciplinary
| ||||||
31 | Board, or by authorized staff as provided by rules of the
| ||||||
32 | Disciplinary Board. Provisions shall be made for the
| ||||||
33 | periodic report of the status of any such person not less
| ||||||
34 | than twice annually in order that the Disciplinary Board
| ||||||
35 | shall have current information upon which to determine the
| ||||||
36 | status of any such person. Such initial and periodic
|
| |||||||
| |||||||
1 | reports of impaired physicians shall not be considered
| ||||||
2 | records within the meaning of The State Records Act and
| ||||||
3 | shall be disposed of, following a determination by the
| ||||||
4 | Disciplinary Board that such reports are no longer | ||||||
5 | required,
in a manner and at such time as the Disciplinary | ||||||
6 | Board shall
determine by rule. The filing of such reports | ||||||
7 | shall be
construed as the filing of a report for purposes | ||||||
8 | of
subsection (C) of this Section.
| ||||||
9 | (2) Professional associations. The President or chief
| ||||||
10 | executive officer of any association or society, of persons
| ||||||
11 | licensed under this Act, operating within this State shall
| ||||||
12 | report to the Disciplinary Board when the association or
| ||||||
13 | society renders a final determination that a person has
| ||||||
14 | committed unprofessional conduct related directly to | ||||||
15 | patient
care or that a person may be mentally or physically | ||||||
16 | disabled
in such a manner as to endanger patients under | ||||||
17 | that person's
care.
| ||||||
18 | (3) Professional liability insurers. Every insurance
| ||||||
19 | company which offers policies of professional liability
| ||||||
20 | insurance to persons licensed under this Act, or any other
| ||||||
21 | entity which seeks to indemnify the professional liability
| ||||||
22 | of a person licensed under this Act, shall report to the
| ||||||
23 | Disciplinary Board the settlement of any claim or cause of
| ||||||
24 | action, or final judgment rendered in any cause of action,
| ||||||
25 | which alleged negligence in the furnishing of medical care
| ||||||
26 | by such licensed person when such settlement or final
| ||||||
27 | judgment is in favor of the plaintiff.
| ||||||
28 | (4) State's Attorneys. The State's Attorney of each
| ||||||
29 | county shall report to the Disciplinary Board all instances
| ||||||
30 | in which a person licensed under this Act is convicted or
| ||||||
31 | otherwise found guilty of the commission of any felony. The | ||||||
32 | State's Attorney
of each county may report to the | ||||||
33 | Disciplinary Board through a verified
complaint any | ||||||
34 | instance in which the State's Attorney believes that a | ||||||
35 | physician
has willfully violated the notice requirements | ||||||
36 | of the Parental Notice of
Abortion Act of 1995.
|
| |||||||
| |||||||
1 | (5) State agencies. All agencies, boards,
commissions, | ||||||
2 | departments, or other instrumentalities of the
government | ||||||
3 | of the State of Illinois shall report to the
Disciplinary | ||||||
4 | Board any instance arising in connection with
the | ||||||
5 | operations of such agency, including the administration
of | ||||||
6 | any law by such agency, in which a person licensed under
| ||||||
7 | this Act has either committed an act or acts which may be a
| ||||||
8 | violation of this Act or which may constitute | ||||||
9 | unprofessional
conduct related directly to patient care or | ||||||
10 | which indicates
that a person licensed under this Act may | ||||||
11 | be mentally or
physically disabled in such a manner as to | ||||||
12 | endanger patients
under that person's care.
| ||||||
13 | (B) Mandatory reporting. All reports required by items | ||||||
14 | (34), (35), and
(36) of subsection (A) of Section 22 and by | ||||||
15 | Section 23 shall be submitted to the Disciplinary Board in a | ||||||
16 | timely
fashion. The reports shall be filed in writing within 60
| ||||||
17 | days after a determination that a report is required under
this | ||||||
18 | Act. All reports shall contain the following
information:
| ||||||
19 | (1) The name, address and telephone number of the
| ||||||
20 | person making the report.
| ||||||
21 | (2) The name, address and telephone number of the
| ||||||
22 | person who is the subject of the report.
| ||||||
23 | (3) The name or other means of identification of any
| ||||||
24 | patient or patients whose treatment is a subject of the
| ||||||
25 | report , provided, however, no medical records may be
| ||||||
26 | revealed without the written consent of the patient or
| ||||||
27 | patients .
| ||||||
28 | (4) A brief description of the facts which gave rise
to | ||||||
29 | the issuance of the report, including the dates of any
| ||||||
30 | occurrences deemed to necessitate the filing of the report.
| ||||||
31 | (5) If court action is involved, the identity of the
| ||||||
32 | court in which the action is filed, along with the docket
| ||||||
33 | number and date of filing of the action.
| ||||||
34 | (6) Any further pertinent information which the
| ||||||
35 | reporting party deems to be an aid in the evaluation of the
| ||||||
36 | report.
|
| |||||||
| |||||||
1 | The Department shall have the right to inform patients of | ||||||
2 | the right to
provide written consent for the Department to | ||||||
3 | obtain copies of hospital and
medical records.
The Disciplinary | ||||||
4 | Board or Department may exercise the power under Section
38 of | ||||||
5 | this Act to subpoena copies of hospital or medical records in | ||||||
6 | mandatory
report cases alleging death or permanent bodily | ||||||
7 | injury when consent to obtain
records is not provided by a | ||||||
8 | patient or legal representative . Appropriate
rules shall be | ||||||
9 | adopted by the Department with the approval of the Disciplinary
| ||||||
10 | Board.
| ||||||
11 | When the Department has received written reports | ||||||
12 | concerning incidents
required to be reported in items (34), | ||||||
13 | (35), and (36) of subsection (A) of
Section 22, the licensee's | ||||||
14 | failure to report the incident to the Department
under those | ||||||
15 | items shall not be the sole grounds for disciplinary action.
| ||||||
16 | Nothing contained in this Section shall act to in any
way, | ||||||
17 | waive or modify the confidentiality of medical reports
and | ||||||
18 | committee reports to the extent provided by law. Any
| ||||||
19 | information reported or disclosed shall be kept for the
| ||||||
20 | confidential use of the Disciplinary Board, the Medical
| ||||||
21 | Coordinators, the Disciplinary Board's attorneys, the
medical | ||||||
22 | investigative staff, and authorized clerical staff,
as | ||||||
23 | provided in this Act, and shall be afforded the same
status as | ||||||
24 | is provided information concerning medical studies
in Part 21 | ||||||
25 | of Article VIII of the Code of Civil Procedure.
| ||||||
26 | (C) Immunity from prosecution. Any individual or
| ||||||
27 | organization acting in good faith, and not in a wilful and
| ||||||
28 | wanton manner, in complying with this Act by providing any
| ||||||
29 | report or other information to the Disciplinary Board, or
| ||||||
30 | assisting in the investigation or preparation of such
| ||||||
31 | information, or by participating in proceedings of the
| ||||||
32 | Disciplinary Board, or by serving as a member of the
| ||||||
33 | Disciplinary Board, shall not, as a result of such actions,
be | ||||||
34 | subject to criminal prosecution or civil damages.
| ||||||
35 | (D) Indemnification. Members of the Disciplinary
Board, | ||||||
36 | the Medical Coordinators, the Disciplinary Board's
attorneys, |
| |||||||
| |||||||
1 | the medical investigative staff, physicians
retained under | ||||||
2 | contract to assist and advise the medical
coordinators in the | ||||||
3 | investigation, and authorized clerical
staff shall be | ||||||
4 | indemnified by the State for any actions
occurring within the | ||||||
5 | scope of services on the Disciplinary
Board, done in good faith | ||||||
6 | and not wilful and wanton in
nature. The Attorney General shall | ||||||
7 | defend all such actions
unless he or she determines either that | ||||||
8 | there would be a
conflict of interest in such representation or | ||||||
9 | that the
actions complained of were not in good faith or were | ||||||
10 | wilful
and wanton.
| ||||||
11 | Should the Attorney General decline representation, the
| ||||||
12 | member shall have the right to employ counsel of his or her
| ||||||
13 | choice, whose fees shall be provided by the State, after
| ||||||
14 | approval by the Attorney General, unless there is a
| ||||||
15 | determination by a court that the member's actions were not
in | ||||||
16 | good faith or were wilful and wanton.
| ||||||
17 | The member must notify the Attorney General within 7
days | ||||||
18 | of receipt of notice of the initiation of any action
involving | ||||||
19 | services of the Disciplinary Board. Failure to so
notify the | ||||||
20 | Attorney General shall constitute an absolute
waiver of the | ||||||
21 | right to a defense and indemnification.
| ||||||
22 | The Attorney General shall determine within 7 days
after | ||||||
23 | receiving such notice, whether he or she will
undertake to | ||||||
24 | represent the member.
| ||||||
25 | (E) Deliberations of Disciplinary Board. Upon the
receipt | ||||||
26 | of any report called for by this Act, other than
those reports | ||||||
27 | of impaired persons licensed under this Act
required pursuant | ||||||
28 | to the rules of the Disciplinary Board,
the Disciplinary Board | ||||||
29 | shall notify in writing, by certified
mail, the person who is | ||||||
30 | the subject of the report. Such
notification shall be made | ||||||
31 | within 30 days of receipt by the
Disciplinary Board of the | ||||||
32 | report.
| ||||||
33 | The notification shall include a written notice setting
| ||||||
34 | forth the person's right to examine the report. Included in
| ||||||
35 | such notification shall be the address at which the file is
| ||||||
36 | maintained, the name of the custodian of the reports, and
the |
| |||||||
| |||||||
1 | telephone number at which the custodian may be reached.
The | ||||||
2 | person who is the subject of the report shall submit a written | ||||||
3 | statement responding,
clarifying, adding to, or proposing the | ||||||
4 | amending of the
report previously filed and provide a copy of | ||||||
5 | the applicable medical records . The statement shall become a
| ||||||
6 | permanent part of the file and must be received by the
| ||||||
7 | Disciplinary Board no more than 60 days after the date on
which | ||||||
8 | the person was notified by the Disciplinary Board of the | ||||||
9 | existence of
the
original report.
| ||||||
10 | The Disciplinary Board shall review all reports
received by | ||||||
11 | it, together with any supporting information and
responding | ||||||
12 | statements submitted by persons who are the
subject of reports. | ||||||
13 | The review by the Disciplinary Board
shall be in a timely | ||||||
14 | manner but in no event, shall the
Disciplinary Board's initial | ||||||
15 | review of the material
contained in each disciplinary file be | ||||||
16 | less than 61 days nor
more than 180 days after the receipt of | ||||||
17 | the initial report
by the Disciplinary Board.
| ||||||
18 | When the Disciplinary Board makes its initial review of
the | ||||||
19 | materials contained within its disciplinary files, the
| ||||||
20 | Disciplinary Board shall, in writing, make a determination
as | ||||||
21 | to whether there are sufficient facts to warrant further
| ||||||
22 | investigation or action. Failure to make such determination
| ||||||
23 | within the time provided shall be deemed to be a
determination | ||||||
24 | that there are not sufficient facts to warrant
further | ||||||
25 | investigation or action.
| ||||||
26 | Should the Disciplinary Board find that there are not
| ||||||
27 | sufficient facts to warrant further investigation, or
action, | ||||||
28 | the report shall be accepted for filing and the
matter shall be | ||||||
29 | deemed closed and so reported to the Director. The Director
| ||||||
30 | shall then have 30 days to accept the Medical Disciplinary | ||||||
31 | Board's decision or
request further investigation. The | ||||||
32 | Director shall inform the Board in writing
of the decision to | ||||||
33 | request further investigation, including the specific
reasons | ||||||
34 | for the decision. The
individual or entity filing the original | ||||||
35 | report or complaint
and the person who is the subject of the | ||||||
36 | report or complaint
shall be notified in writing by the |
| |||||||
| |||||||
1 | Director of
any final action on their report or complaint.
| ||||||
2 | (F) Summary reports. The Disciplinary Board shall
prepare, | ||||||
3 | on a timely basis, but in no event less than one
every other | ||||||
4 | month, a summary report of final actions taken
upon | ||||||
5 | disciplinary files maintained by the Disciplinary Board.
The | ||||||
6 | summary reports shall be sent by the Disciplinary Board
to | ||||||
7 | every health care facility licensed by the Illinois
Department | ||||||
8 | of Public Health, every professional association
and society of | ||||||
9 | persons licensed under this Act functioning
on a statewide | ||||||
10 | basis in this State, the American Medical
Association, the | ||||||
11 | American Osteopathic Association, the
American Chiropractic | ||||||
12 | Association, all insurers providing
professional liability | ||||||
13 | insurance to persons licensed under
this Act in the State of | ||||||
14 | Illinois, the Federation of State
Medical Licensing Boards, and | ||||||
15 | the Illinois Pharmacists
Association.
| ||||||
16 | (G) Any violation of this Section shall be a Class A
| ||||||
17 | misdemeanor.
| ||||||
18 | (H) If any such person violates the provisions of this
| ||||||
19 | Section an action may be brought in the name of the People
of | ||||||
20 | the State of Illinois, through the Attorney General of
the | ||||||
21 | State of Illinois, for an order enjoining such violation
or for | ||||||
22 | an order enforcing compliance with this Section.
Upon filing of | ||||||
23 | a verified petition in such court, the court
may issue a | ||||||
24 | temporary restraining order without notice or
bond and may | ||||||
25 | preliminarily or permanently enjoin such
violation, and if it | ||||||
26 | is established that such person has
violated or is violating | ||||||
27 | the injunction, the court may
punish the offender for contempt | ||||||
28 | of court. Proceedings
under this paragraph shall be in addition | ||||||
29 | to, and not in
lieu of, all other remedies and penalties | ||||||
30 | provided for by
this Section.
| ||||||
31 | (Source: P.A. 89-18, eff. 6-1-95; 89-702, eff. 7-1-97; 90-699, | ||||||
32 | eff.
1-1-99.)
| ||||||
33 | ARTICLE 5. | ||||||
34 | Section 5-5. The Health Care Arbitration Act is amended by |
| |||||||
| |||||||
1 | changing Sections 8 and 9 as follows:
| ||||||
2 | (710 ILCS 15/8) (from Ch. 10, par. 208)
| ||||||
3 | Sec. 8. Conditions. Every health care arbitration | ||||||
4 | agreement shall be
subject to the following conditions:
| ||||||
5 | (a) The agreement is not a condition to the rendering of | ||||||
6 | health care services
by any party and the agreement has been | ||||||
7 | executed by the recipient of health
care services at the | ||||||
8 | inception of or during the term of provision of services
for a | ||||||
9 | specific cause by either a health care provider or a hospital; | ||||||
10 | and
| ||||||
11 | (b) The agreement is a separate instrument complete in | ||||||
12 | itself and not
a part of any other contract or instrument; and
| ||||||
13 | (c) The agreement may not limit, impair, or waive any | ||||||
14 | substantive rights
or defenses of any party, including the | ||||||
15 | statute of limitations; and
| ||||||
16 | (d) The agreement shall not limit, impair, or waive the | ||||||
17 | procedural rights
to be heard, to present material evidence, to | ||||||
18 | cross-examine witnesses, and
to be represented by an attorney, | ||||||
19 | or other procedural rights of due process
of any party.
| ||||||
20 | (e) As a part of the discharge planning process the patient | ||||||
21 | or, if appropriate,
members of his family must be given a copy | ||||||
22 | of the health care arbitration
agreement previously executed by | ||||||
23 | or for the patient and shall re-affirm
it. Failure to comply | ||||||
24 | with this provision during the discharge planning
process shall | ||||||
25 | void the health care arbitration agreement.
| ||||||
26 | (Source: P.A. 80-1012.)
| ||||||
27 | (710 ILCS 15/9) (from Ch. 10, par. 209)
| ||||||
28 | Sec. 9. Mandatory Provisions.
| ||||||
29 | (a) Every health care arbitration agreement
shall be | ||||||
30 | clearly captioned "Health Care Arbitration Agreement".
| ||||||
31 | (b) Every health care arbitration agreement in relation to | ||||||
32 | health care
services rendered during hospitalization shall | ||||||
33 | specify the date of commencement
of hospitalization. Every | ||||||
34 | health care arbitration agreement in relation
to health care |
| |||||||
| |||||||
1 | services not rendered during hospitalization shall state
the | ||||||
2 | specific cause for which the services are provided.
| ||||||
3 | (c) Every health care arbitration agreement may be | ||||||
4 | cancelled by any
signatory (1) within 60 days of its execution | ||||||
5 | or within 60 days of the date of
the patient's discharge from | ||||||
6 | the hospital, or last date of treatment, whichever is later, as | ||||||
7 | to an
agreement
in relation to health care services rendered | ||||||
8 | during hospitalization, provided,
that if executed other than | ||||||
9 | at the time of discharge of the patient from
the hospital, the | ||||||
10 | health care arbitration agreement be reaffirmed at the
time of | ||||||
11 | the discharge planning process in the same manner as provided | ||||||
12 | for
in the execution of the original agreement; or (2) within | ||||||
13 | 60 days of the
date of its execution, or the last date of | ||||||
14 | treatment by the health care
provider, whichever is later, as | ||||||
15 | to an agreement in relation to health care
services not | ||||||
16 | rendered during hospitalization. Provided, that no health
care | ||||||
17 | arbitration agreement shall be valid after 10
2 years from
the | ||||||
18 | date of
its execution. An employee of a hospital or health care | ||||||
19 | provider who is
not a signatory to an agreement may cancel such | ||||||
20 | agreement as to himself
until 30 days following his | ||||||
21 | notification that he is a party to a dispute
or issue on which | ||||||
22 | arbitration has been demanded pursuant to such agreement.
If | ||||||
23 | any person executing a health care arbitration agreement dies | ||||||
24 | before
the period of cancellation as outlined above, the | ||||||
25 | personal representative
of the decedent shall have the right to | ||||||
26 | cancel the health care arbitration
agreement within 60 days of | ||||||
27 | the date of his appointment as the legal
representative
of the | ||||||
28 | decedent's estate. Provided, that if no legal representative is
| ||||||
29 | appointed within 6 months of the death of said decedent the | ||||||
30 | next of kin
of such decedent shall have the right to cancel the | ||||||
31 | health care arbitration
agreement within 8 months from the date | ||||||
32 | of death.
| ||||||
33 | (d) Every health care arbitration agreement shall
contain | ||||||
34 | immediately above the signature lines, in upper case type in | ||||||
35 | printed
letters of at least 3/16 inch height, a caption and | ||||||
36 | paragraphs as follows:
|
| |||||||
| |||||||
1 | "AGREEMENT TO ARBITRATE HEALTH CARE
| ||||||
2 | NEGLIGENCE CLAIMS
| ||||||
3 | NOTICE TO PATIENT
| ||||||
4 | YOU CANNOT BE REQUIRED TO SIGN THIS AGREEMENT IN ORDER TO | ||||||
5 | RECEIVE TREATMENT.
BY SIGNING THIS AGREEMENT, YOUR RIGHT TO | ||||||
6 | TRIAL BY A JURY OR A JUDGE IN
A COURT WILL BE BARRED AS TO | ||||||
7 | ANY DISPUTE RELATING TO INJURIES THAT MAY RESULT
FROM | ||||||
8 | NEGLIGENCE DURING YOUR TREATMENT OR CARE, AND WILL BE | ||||||
9 | REPLACED BY AN
ARBITRATION PROCEDURE.
| ||||||
10 | THIS AGREEMENT MAY BE CANCELLED WITHIN 60 DAYS OF SIGNING | ||||||
11 | OR 60 DAYS AFTER
YOUR HOSPITAL DISCHARGE OR 60 DAYS AFTER | ||||||
12 | YOUR LAST HEALTH CARE SERVICE
MEDICAL TREATMENT IN
RELATION | ||||||
13 | TO HEALTH CARE SERVICES NOT RENDERED DURING | ||||||
14 | HOSPITALIZATION.
| ||||||
15 | THIS AGREEMENT PROVIDES THAT ANY CLAIMS WHICH MAY ARISE OUT | ||||||
16 | OF YOUR HEALTH
CARE WILL BE SUBMITTED TO A PANEL OF | ||||||
17 | ARBITRATORS, RATHER THAN TO A COURT
FOR DETERMINATION. THIS | ||||||
18 | AGREEMENT REQUIRES ALL PARTIES SIGNING IT TO ABIDE
BY THE | ||||||
19 | DECISION OF THE ARBITRATION PANEL."
| ||||||
20 | (e) an executed copy of the AGREEMENT TO ARBITRATE HEALTH | ||||||
21 | CARE CLAIMS
and any reaffirmation of that agreement as required | ||||||
22 | by this Act shall be
given to the patient during the time of | ||||||
23 | the discharge planning process or
at the time of discharge | ||||||
24 | after last date of treatment .
| ||||||
25 | (Source: P.A. 91-156, eff. 1-1-00.)
| ||||||
26 | Section 5-10. The Code of Civil Procedure is amended by | ||||||
27 | changing Sections 2-622, 2-1107.1, 2-1109, 2-1702, 2-1704, | ||||||
28 | 8-1901, and 8-2501, and by adding Sections 2-1105.01 and 8-2502 | ||||||
29 | as follows:
| ||||||
30 | (735 ILCS 5/2-622) (from Ch. 110, par. 2-622)
| ||||||
31 | (Text of Section WITHOUT the changes made by P.A. 89-7, | ||||||
32 | which has been held
unconstitutional)
| ||||||
33 | Sec. 2-622. Healing art malpractice.
| ||||||
34 | (a) In any action, whether in
tort, contract or otherwise, |
| |||||||
| |||||||
1 | in which the plaintiff seeks damages for
injuries or death by | ||||||
2 | reason of medical, hospital, or other healing art
malpractice, | ||||||
3 | the plaintiff's attorney or the plaintiff, if the plaintiff is
| ||||||
4 | proceeding pro se, shall file an affidavit, attached to the | ||||||
5 | original and
all copies of the complaint, declaring one of the | ||||||
6 | following:
| ||||||
7 | 1. That the affiant has consulted and reviewed the | ||||||
8 | facts of the case
with a health professional who the | ||||||
9 | affiant reasonably believes: (i) is
knowledgeable in the | ||||||
10 | relevant issues involved in the particular action;
(ii) | ||||||
11 | practices or has practiced within the last 6 years or | ||||||
12 | teaches or
has taught within the last 6 years in the same | ||||||
13 | area of health care or
medicine that is at issue in the | ||||||
14 | particular action; and (iii) meets the minimum | ||||||
15 | requirements set forth in 8-2501; and (iv) is qualified
by | ||||||
16 | experience or demonstrated competence in the subject of the | ||||||
17 | case; that
the reviewing health professional has | ||||||
18 | determined in a
written report, after a review of the | ||||||
19 | medical record and other relevant
material involved in the | ||||||
20 | particular action that there is a reasonable and
| ||||||
21 | meritorious cause for the filing of such action; and that | ||||||
22 | the affiant has
concluded on the basis of the reviewing | ||||||
23 | health professional's review and
consultation that there | ||||||
24 | is a reasonable and meritorious cause for filing of
such | ||||||
25 | action. If the affidavit is filed as to a defendant who is | ||||||
26 | a physician
licensed to treat human ailments without the | ||||||
27 | use of drugs or medicines and
without operative surgery, a | ||||||
28 | dentist, a podiatrist, a psychologist, or a
naprapath, the | ||||||
29 | written report must be from a health professional
licensed | ||||||
30 | in the same profession, with the same class of license, as | ||||||
31 | the
defendant. For affidavits filed as to all other | ||||||
32 | defendants, the written
report must be from a physician | ||||||
33 | licensed to practice medicine in all its
branches. In | ||||||
34 | either event, the affidavit must identify the profession of
| ||||||
35 | the reviewing health professional. A copy of the written | ||||||
36 | report, clearly
identifying the plaintiff and the reasons |
| |||||||
| |||||||
1 | for the reviewing health
professional's determination that | ||||||
2 | a reasonable and meritorious cause for
the filing of the | ||||||
3 | action exists, must be attached to the affidavit , but
| ||||||
4 | information which would identify the reviewing health | ||||||
5 | professional may be
deleted from the copy so attached . The | ||||||
6 | report shall include the name and address of the reviewing | ||||||
7 | health professional and documentation of compliance with | ||||||
8 | requirements set forth in 8-2501.
| ||||||
9 | 2. That the affiant was unable to obtain a consultation | ||||||
10 | required by
paragraph 1 because a statute of limitations | ||||||
11 | would impair the action and
the consultation required could | ||||||
12 | not be 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 5/2-1105.01 new)
| ||||||
14 | Sec. 2-1105.01. Personal assets protected in healing art | ||||||
15 | malpractice cases. In all cases, whether tort, contract, or | ||||||
16 | otherwise, in which the plaintiff seeks damages by reason of | ||||||
17 | medical healing art malpractice, the amount of the recovery | ||||||
18 | shall be limited to an amount that is covered by the | ||||||
19 | physician's medical malpractice insurance or liability | ||||||
20 | insurance provided the physician maintains at least a minimum | ||||||
21 | of $1,000,000 in insurance coverage per occurrence and | ||||||
22 | $3,000,000 in the aggregate. Corporate assets are subject to | ||||||
23 | attachment for satisfaction of a judgment. In no event, shall a | ||||||
24 | physician be liable in an amount that would cause him or her to | ||||||
25 | forfeit any of his or her personal assets.
| ||||||
26 | (735 ILCS 5/2-1107.1) (from Ch. 110, par. 2-1107.1)
| ||||||
27 | (Text of Section WITHOUT the changes made by P.A. 89-7, | ||||||
28 | which has been held
unconstitutional)
| ||||||
29 | Sec. 2-1107.1. Jury instruction in tort actions. In all | ||||||
30 | actions
on account of bodily injury or death or physical damage | ||||||
31 | to
property based on
negligence, or product liability based on | ||||||
32 | strict tort liability, the court
shall instruct the jury in | ||||||
33 | writing , to the extent that it is true, that any award of | ||||||
34 | compensatory damages will not be taxable under federal or State |
| |||||||
| |||||||
1 | income tax law and that the defendant shall be found not liable
| ||||||
2 | if the jury finds that the contributory fault of the plaintiff | ||||||
3 | is more
than 50% of the proximate cause of the injury or damage | ||||||
4 | for which recovery is
sought.
| ||||||
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. 84-1431.)
| ||||||
8 | (735 ILCS 5/2-1109) (from Ch. 110, par. 2-1109)
| ||||||
9 | (Text of Section WITHOUT the changes made by P.A. 89-7, | ||||||
10 | which has been held
unconstitutional)
| ||||||
11 | Sec. 2-1109. Itemized verdicts. | ||||||
12 | (a) In every case where damages for bodily injury or death
| ||||||
13 | to
the person are assessed by the jury the verdict shall be | ||||||
14 | itemized so as to
reflect the monetary
distribution , if any,
| ||||||
15 | among economic loss and non-economic loss , if any, and, in | ||||||
16 | healing art
medical
malpractice cases,
further itemized so as | ||||||
17 | to reflect the distribution of economic loss by
category, such | ||||||
18 | itemization of economic loss by category to include: (a)
| ||||||
19 | amounts intended to compensate for reasonable expenses which | ||||||
20 | have been
incurred, or which will be incurred, for necessary | ||||||
21 | medical, surgical,
x-ray, dental, or other health or | ||||||
22 | rehabilitative services, drugs, and
therapy; (b) amounts | ||||||
23 | intended to compensate for lost wages or loss of
earning | ||||||
24 | capacity; and (c) all other economic losses claimed by the | ||||||
25 | plaintiff
or granted by the jury. Each category of economic | ||||||
26 | loss shall be further
itemized into amounts intended to | ||||||
27 | compensate for losses which have been
incurred prior to the | ||||||
28 | verdict and amounts intended to compensate for
future losses | ||||||
29 | which will be incurred in the future .
| ||||||
30 | (b) In all actions on account of bodily injury or death | ||||||
31 | based on negligence, including healing art malpractice | ||||||
32 | actions, the following terms have the following meanings:
| ||||||
33 | (i) "Economic loss" or "economic damages" means all | ||||||
34 | damages that are tangible, such as damages for past and | ||||||
35 | future medical expenses, loss of income or earnings and |
| |||||||
| |||||||
1 | other property loss.
| ||||||
2 | (ii) "Non-economic loss" or "non-economic damages" | ||||||
3 | means damages that are intangible, including but not | ||||||
4 | limited to damages for pain and suffering, disability, | ||||||
5 | disfigurement, loss of consortium, and loss of society.
| ||||||
6 | (iii) "Compensatory damages" or "actual damages" are | ||||||
7 | the sum of economic and non-economic damages.
| ||||||
8 | (c) Nothing in this Section shall be construed to create a | ||||||
9 | cause of action.
| ||||||
10 | (d) This amendatory Act of the 93rd General Assembly | ||||||
11 | applies to causes of action filed on or after its effective | ||||||
12 | date.
| ||||||
13 | (Source: P.A. 84-7.)
| ||||||
14 | (735 ILCS 5/2-1702) (from Ch. 110, par. 2-1702)
| ||||||
15 | (Text of Section WITHOUT the changes made by P.A. 89-7, | ||||||
16 | which has been held
unconstitutional)
| ||||||
17 | Sec. 2-1702. Economic/Non-Economic Loss. As used in this | ||||||
18 | Part , "economic loss" and "non-economic loss" have the same | ||||||
19 | meanings as in Section 2-1109(b). :
| ||||||
20 | (a) "Economic loss" means all pecuniary harm for which | ||||||
21 | damages
are recoverable.
| ||||||
22 | (b) "Non-economic loss" means loss of consortium and all | ||||||
23 | nonpecuniary
harm for which damages are recoverable, | ||||||
24 | including, without limitation,
damages for pain and suffering, | ||||||
25 | inconvenience, disfigurement, and
physical impairment.
| ||||||
26 | (Source: P.A. 84-7.)
| ||||||
27 | (735 ILCS 5/2-1704) (from Ch. 110, par. 2-1704)
| ||||||
28 | Sec. 2-1704. Healing art malpractice
Medical Malpractice | ||||||
29 | Action . As used in this Code
Part ,
" healing art
medical
| ||||||
30 | malpractice action" means any action, whether in tort, contract | ||||||
31 | or
otherwise, in which the plaintiff seeks damages for injuries | ||||||
32 | or death by
reason of medical, hospital, or other healing art | ||||||
33 | malpractice including but not limited to medical, nursing, | ||||||
34 | dental, or podiatric malpractice .
The term "healing art" shall |
| |||||||
| |||||||
1 | not include care and
treatment by spiritual means through | ||||||
2 | prayer in accord with the tenets and
practices of a recognized | ||||||
3 | church or religious denomination.
| ||||||
4 | (Source: P.A. 84-7.)
| ||||||
5 | (735 ILCS 5/8-1901) (from Ch. 110, par. 8-1901)
| ||||||
6 | Sec. 8-1901. Admission of liability - Effect. | ||||||
7 | (a) The providing of, or payment
for, medical, surgical,
| ||||||
8 | hospital, or rehabilitation services, facilities, or equipment | ||||||
9 | by or on
behalf of any person, or the offer to provide, or pay | ||||||
10 | for, any one or
more of the foregoing, shall not be construed | ||||||
11 | as an admission of any
liability by such person or persons. | ||||||
12 | Testimony, writings, records,
reports or information with | ||||||
13 | respect to the foregoing shall not be
admissible in evidence as | ||||||
14 | an admission of any liability in any action of
any kind in any | ||||||
15 | court or before any commission, administrative agency,
or other | ||||||
16 | tribunal in this State, except at the instance of the person or
| ||||||
17 | persons so making any such provision, payment or offer.
| ||||||
18 | (b) Any expression of grief, apology, remedial action, or | ||||||
19 | explanation provided by a health care provider, including, but | ||||||
20 | not limited to, a statement that the health care provider is | ||||||
21 | "sorry" for the outcome to a patient, the patient's family, or | ||||||
22 | the patient's legal representative about an inadequate or | ||||||
23 | unanticipated treatment or care outcome that is provided within | ||||||
24 | 72 hours of when the provider knew or should have known of the | ||||||
25 | potential cause of such outcome shall not be admissible as | ||||||
26 | evidence, nor discoverable in any action of any kind in any | ||||||
27 | court or before any tribunal, board, agency, or person. The | ||||||
28 | disclosure of any such information, whether proper, or | ||||||
29 | improper, shall not waive or have any effect upon its | ||||||
30 | confidentiality, nondiscoverability, or inadmissibility. As | ||||||
31 | used in this Section, a "health care provider" is any hospital, | ||||||
32 | nursing home or other facility, or employee or agent thereof, a | ||||||
33 | physician, or other licensed health care professional. Nothing | ||||||
34 | in this Section precludes the discovery or admissibility of any | ||||||
35 | 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 medical specialties as the defendant and | ||||||
14 | is familiar with the same
Relationship of the medical | ||||||
15 | specialties of the witness to the medical
problem or problems , | ||||||
16 | or
and the type of treatment administered in the case;
| ||||||
17 | (b) Whether the witness has devoted 75%
a substantial | ||||||
18 | portion of his or her
working hours
time to the practice of | ||||||
19 | medicine, teaching or University based research
in relation to | ||||||
20 | the medical care and type of treatment at issue which gave
rise | ||||||
21 | to the medical problem of which the plaintiff complains;
| ||||||
22 | (c) whether the witness is licensed
by a state or the | ||||||
23 | District of Columbia in the same profession as the defendant; | ||||||
24 | and
| ||||||
25 | (d) whether, in the case against a nonspecialist, the | ||||||
26 | witness can
demonstrate a sufficient familiarity with the | ||||||
27 | standard of care practiced in
this State.
| ||||||
28 | An expert shall provide proof of active practice, teaching, | ||||||
29 | or engaging in university-based research. If retired, an expert | ||||||
30 | must provide proof of attendance and completion of continuing | ||||||
31 | education courses for 3 years previous to giving testimony. An | ||||||
32 | expert who has not actively practiced, taught, or been engaged | ||||||
33 | in university-based research for 10 years may not be qualified | ||||||
34 | as an expert witness.
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35 | This amendatory Act of the 93rd General Assembly applies to |
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| |||||||
1 | causes of action filed on or after its effective date.
| ||||||
2 | (Source: P.A. 84-7.)
| ||||||
3 | (735 ILCS 5/8-2502 new)
| ||||||
4 | Sec. 8-2502. Settlement annuity evidence. Any party in a | ||||||
5 | medical malpractice action may introduce structured settlement | ||||||
6 | annuity evidence to pay for any future damages that may be | ||||||
7 | awarded to the plaintiff provided that the following conditions | ||||||
8 | are satisfied: | ||||||
9 |
(a) the witness providing the evidence has specialized | ||||||
10 | in purchasing structured settlement annuities for at least | ||||||
11 | 5 years and has the ability to obtain price quotes from at | ||||||
12 | least 3 companies offering structured settlement | ||||||
13 | annuities; and
| ||||||
14 | (b) the structured settlement annuity price quotes are | ||||||
15 | from companies that have at least a "A+" rating from A.M. | ||||||
16 | Best and "AA" rating from another rating agency.
| ||||||
17 | Any defendant who introduces structured annuity testimony, | ||||||
18 | must cooperate with the plaintiff in purchasing a structured | ||||||
19 | settlement annuity to cover any awarded future damages.
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20 | ARTICLE 10. | ||||||
21 | Section 10-5. The Illinois Insurance Code is amended by | ||||||
22 | changing Section 155.19 and by adding Section 155.18a as | ||||||
23 | follows: | ||||||
24 | (215 ILCS 5/155.18a new) | ||||||
25 | Sec. 155.18a. Professional Liability Insurance Resource | ||||||
26 | Center. | ||||||
27 | (a) The Director of Insurance shall establish a | ||||||
28 | Professional Liability Insurance Resource Center on the World | ||||||
29 | Wide Web containing the following information: | ||||||
30 | (1) Names, address, and telephone numbers of all | ||||||
31 | licensed companies providing professional liability | ||||||
32 | insurance for health care professionals and health care |
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1 | providers including but not limited to hospitals, nursing | ||||||
2 | homes, physicians, and dentists. Computer links to company | ||||||
3 | websites shall be included, if available. | ||||||
4 | (2) Names, addresses and telephone numbers of all | ||||||
5 | licensed brokers who provide access to professional | ||||||
6 | liability insurance for health care professionals and | ||||||
7 | health care providers including but not limited to | ||||||
8 | hospitals, nursing homes, physicians, and dentists. | ||||||
9 | Computer links to company websites shall be included, if | ||||||
10 | available. | ||||||
11 | (b) The Department of Insurance shall conduct and publish | ||||||
12 | an annual study of the impact of this amendatory Act of the | ||||||
13 | 93rd General Assembly by county on the following: | ||||||
14 | (1) The number of medical malpractice claims filed and | ||||||
15 | amounts recovered per claim. | ||||||
16 | (2) The amounts of economic and non-economic damages | ||||||
17 | awarded per case. | ||||||
18 | (3) The amount of plaintiff and defense attorney fees | ||||||
19 | paid per case. | ||||||
20 | (4) The impact of the provisions of this amendatory Act | ||||||
21 | of the 93rd General Assembly on the cost and availability | ||||||
22 | of healing art malpractice coverage for hospitals and | ||||||
23 | physicians. | ||||||
24 | (5) Every 2 years the Director of Insurance shall make | ||||||
25 | recommendations to the Governor, the Speaker of the House, | ||||||
26 | and the President of the Senate on changes in the law | ||||||
27 | necessary to maintain affordable and accessible | ||||||
28 | professional liability insurance.
| ||||||
29 | (215 ILCS 5/155.19) (from Ch. 73, par. 767.19)
| ||||||
30 | Sec. 155.19. Report of medical liability claims.
| ||||||
31 | (a) All claims filed after December 31, 1976 with any | ||||||
32 | insurer
and all suits filed after December 31, 1976 in any | ||||||
33 | court in this State,
alleging liability on the part of any | ||||||
34 | physician, hospital or other health
care provider for medically | ||||||
35 | related injuries, shall be reported to the Director
of |
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| |||||||
1 | Insurance in such form and under such terms and conditions as | ||||||
2 | may be
prescribed by the Director. The Director shall maintain | ||||||
3 | complete and accurate
records of all such claims and suits | ||||||
4 | including their nature, amount, disposition
and other | ||||||
5 | information as he may deem useful or desirable in observing and
| ||||||
6 | reporting on health care provider liability trends in this | ||||||
7 | State. The Director
shall release to appropriate disciplinary | ||||||
8 | and licensing agencies any such
data or information which may | ||||||
9 | assist such agencies in
improving the quality of health care or | ||||||
10 | which may be useful to such agencies
for the purpose of | ||||||
11 | professional discipline.
| ||||||
12 | (b) All judgments and settlements filed with the clerks of | ||||||
13 | the circuit court shall be reported to the Director at least | ||||||
14 | monthly in such form and under such terms and conditions as may | ||||||
15 | be prescribed by the Department by Rule. At minimum, the | ||||||
16 | information reported to the Director under this Section shall | ||||||
17 | include:
| ||||||
18 | (1) the defendant or defendants;
| ||||||
19 | (2) the plaintiff or plaintiffs;
| ||||||
20 | (3) the defense attorney's name and address and | ||||||
21 | associated law firm;
| ||||||
22 | (4) the plaintiff attorney's name and address and | ||||||
23 | associated law firm;
| ||||||
24 | (5) the docket number;
| ||||||
25 | (6) the verdict or judgment award including:
| ||||||
26 | (i) economic damages, future medical expenses, | ||||||
27 | lost wages, and other economic expenses; and
| ||||||
28 | (ii) non-economic damages award;
| ||||||
29 | (7) remittitur amounts; | ||||||
30 | (8) defense attorney's fees; and
| ||||||
31 | (9) plaintiff's attorney's fees, including any request | ||||||
32 | for additional fees over the amount allowed in Section | ||||||
33 | 2-1114 of the Code of Civil Procedure.
| ||||||
34 | The identity of any plaintiff, defendant, attorneys, or | ||||||
35 | insurance company shall not be disclosed by the Department.
| ||||||
36 | (c) With due regard for appropriate maintenance of the |
| |||||||
| |||||||
1 | confidentiality thereof,
the Director may release from time to | ||||||
2 | time to the Governor, the General
Assembly and the general | ||||||
3 | public statistical reports based on such data and information.
| ||||||
4 | (d) The Director may promulgate such rules and regulations | ||||||
5 | as may be necessary
to carry out the provisions of this | ||||||
6 | Section.
| ||||||
7 | (Source: P.A. 79-1434.)
| ||||||
8 | Section 10-10. The Illinois Court Statistics Act is changed | ||||||
9 | by adding Section 5 as follows: | ||||||
10 | (705 ILCS 125/5 new)
| ||||||
11 | Sec. 5. Medical liability reporting. The Clerks of all | ||||||
12 | courts shall report at least monthly all healing art or medical | ||||||
13 | malpractice judgements and settlements filed with the court to | ||||||
14 | the Director of the Department of Insurance on forms or in a | ||||||
15 | format the Department prescribes by rule. The minimum | ||||||
16 | information to be reported shall include the following: | ||||||
17 | (1) the defendant or defendants;
| ||||||
18 | (2) the plaintiff or plaintiffs;
| ||||||
19 | (3) the defense attorney's name and address and | ||||||
20 | associated law firm;
| ||||||
21 | (4) the plaintiff attorney's name and address and | ||||||
22 | associated law firm;
| ||||||
23 | (5) the docket number;
| ||||||
24 | (6) the verdict or judgment award including:
| ||||||
25 | (i) economic damages, future medical expenses, | ||||||
26 | lost wages, and other economic expenses; and
| ||||||
27 | (ii) non-economic damages award;
| ||||||
28 | (7) remittitur amounts;
| ||||||
29 | (8) defense attorney's fees; and
| ||||||
30 | (9) plaintiff's attorney's fees, including any request | ||||||
31 | for additional fees over the amount allowed in Section | ||||||
32 | 2-1114 of the Code of Civil Procedure.
| ||||||
33 | ARTICLE 90. |
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1 | Section 90-90. Severability. If any provision of this Act | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | or its application to any person or circumstance is held | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | invalid, the invalidity of that provision or application does | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | not affect other provisions or applications of this Act that | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | can be given effect without the invalid provision or | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | application. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | ARTICLE 99. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Section 99-99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | becoming law.
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