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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Medical Practice Act of 1987 is amended by | ||||||||||||||||||||||||||||
5 | changing Sections 9, 21, and 24.1 as follows:
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6 | (225 ILCS 60/9) (from Ch. 111, par. 4400-9)
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7 | (Section scheduled to be repealed on December 31, 2008)
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8 | Sec. 9. Application for license. Each applicant for a | ||||||||||||||||||||||||||||
9 | license shall:
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10 | (A) Make application on blank forms prepared and
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11 | furnished by the Department of Professional Regulation
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12 | hereinafter referred to as the Department.
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13 | (B) Submit evidence satisfactory to the Department
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14 | that the applicant:
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15 | (1) is of good moral character. In determining | ||||||||||||||||||||||||||||
16 | moral
character under this Section, the Department may | ||||||||||||||||||||||||||||
17 | take into
consideration whether the applicant has | ||||||||||||||||||||||||||||
18 | engaged in conduct
or activities which would | ||||||||||||||||||||||||||||
19 | constitute grounds for discipline
under this Act. The | ||||||||||||||||||||||||||||
20 | Department may also request the
applicant to submit, | ||||||||||||||||||||||||||||
21 | and may consider as evidence of moral
character, | ||||||||||||||||||||||||||||
22 | endorsements from 2 or 3 individuals licensed
under | ||||||||||||||||||||||||||||
23 | this Act;
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1 | (2) has the preliminary and professional education
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2 | required by this Act;
| ||||||
3 | (3) (blank); and
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4 | (4) is physically, mentally, and professionally | ||||||
5 | capable
of practicing medicine with reasonable | ||||||
6 | judgment, skill, and
safety. In determining physical, | ||||||
7 | mental and professional
capacity under this Section, | ||||||
8 | the Medical Licensing Board
may, upon a showing of a | ||||||
9 | possible incapacity, compel any
applicant to submit to | ||||||
10 | a mental or physical examination, or
both. The | ||||||
11 | Licensing Board may condition or restrict any
license, | ||||||
12 | subject to the same terms and conditions as are
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13 | provided for the Medical Disciplinary Board under | ||||||
14 | Section 22
of this Act. Any such condition of a | ||||||
15 | restricted license
shall provide that the Chief | ||||||
16 | Medical Coordinator or Deputy
Medical Coordinator | ||||||
17 | shall have the authority to review the
subject | ||||||
18 | physician's compliance with such conditions or
| ||||||
19 | restrictions, including, where appropriate, the | ||||||
20 | physician's
record of treatment and counseling | ||||||
21 | regarding the impairment,
to the extent permitted by | ||||||
22 | applicable federal statutes and
regulations | ||||||
23 | safeguarding the confidentiality of medical
records of | ||||||
24 | patients.
| ||||||
25 | In determining professional capacity under this
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26 | Section any individual who has not been actively engaged in
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1 | the practice of medicine or as a medical, osteopathic, or
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2 | chiropractic student or who has not been engaged in a | ||||||
3 | formal
program of medical education during the 2 years
| ||||||
4 | immediately preceding their application may be required to
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5 | complete such additional testing, training, or remedial
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6 | education as the Licensing Board may deem necessary in | ||||||
7 | order
to establish the applicant's present capacity to | ||||||
8 | practice
medicine with reasonable judgment, skill, and | ||||||
9 | safety.
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10 | (C) Designate specifically the name, location, and
| ||||||
11 | kind of professional school, college, or institution of
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12 | which the applicant is a graduate and the category under
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13 | which the applicant seeks, and will undertake, to practice.
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14 | (C-5) Submit to the Department all applicable | ||||||
15 | information required under Section 24.1 of this Act, in a | ||||||
16 | form and manner determined by the Department.
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17 | (D) Pay to the Department at the time of application
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18 | the required fees.
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19 | (E) Pursuant to Department rules, as required, pass an
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20 | examination authorized by the Department to determine
the | ||||||
21 | applicant's fitness to receive a license.
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22 | (F) Complete the application process within 3 years | ||||||
23 | from the date of
application. If the process has not been | ||||||
24 | completed within 3 years, the
application shall be denied, | ||||||
25 | application fees shall be forfeited, and the
applicant
must | ||||||
26 | reapply and meet the requirements in effect at the time of
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1 | reapplication.
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2 | (Source: P.A. 89-387, eff. 8-20-95; 89-702, eff. 7-1-97 .)
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3 | (225 ILCS 60/21) (from Ch. 111, par. 4400-21)
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4 | (Section scheduled to be repealed on December 31, 2008)
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5 | Sec. 21. License renewal; restoration; inactive status; | ||||||
6 | disposition and
collection of fees. | ||||||
7 | (A) Renewal. The expiration date and renewal period for | ||||||
8 | each
license issued under this Act shall be set by rule. The | ||||||
9 | holder of a
license may renew the license by paying the | ||||||
10 | required fee and submitting to or updating with the Department | ||||||
11 | all applicable information required under Section 24.1 of this | ||||||
12 | Act, in a form and manner determined by the Department . The
| ||||||
13 | holder of a
license may also renew the license within 90 days | ||||||
14 | after its expiration by
complying with the requirements for | ||||||
15 | renewal and payment of an additional
fee. A license renewal | ||||||
16 | within 90 days after expiration shall be effective
| ||||||
17 | retroactively to the expiration date.
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18 | The Department shall mail to each licensee under this
Act, | ||||||
19 | at his or her last known address, at least
60 days
in advance | ||||||
20 | of the expiration date of his or her license, a notice
of that | ||||||
21 | fact and an application for renewal form. No such
license shall | ||||||
22 | be deemed to have lapsed until 90 days after the expiration
| ||||||
23 | date and after such notice and application have been mailed by | ||||||
24 | the
Department as herein provided.
| ||||||
25 | (B) Restoration. Any licensee who has permitted his or her
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1 | license to lapse or who has had his or her license on inactive
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2 | status may have his or her license restored by making | ||||||
3 | application
to the Department , submitting to or updating with | ||||||
4 | the Department all applicable information required under | ||||||
5 | Section 24.1 of this Act, in a form and manner determined by | ||||||
6 | the Department, and filing proof acceptable to the
Department | ||||||
7 | of his or her fitness to have the
license restored,
including | ||||||
8 | evidence certifying to active practice in another
jurisdiction | ||||||
9 | satisfactory to the Department, proof of meeting the continuing
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10 | education requirements for one renewal period, and by paying
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11 | the required restoration fee.
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12 | If the licensee has not maintained an active practice
in | ||||||
13 | another jurisdiction satisfactory to the Department, the
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14 | Licensing Board shall determine, by an evaluation program
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15 | established by rule, the applicant's fitness to resume active
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16 | status
and may require the licensee to complete a period of
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17 | evaluated clinical experience and may require successful
| ||||||
18 | completion of the practical examination.
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19 | However, any registrant whose license has expired while
he | ||||||
20 | or she has been engaged (a) in Federal Service on active
duty
| ||||||
21 | with the Army of the United States, the United States Navy,
the | ||||||
22 | Marine Corps, the Air Force, the Coast Guard, the Public
Health | ||||||
23 | Service or the State Militia called into the service
or | ||||||
24 | training of the United States of America, or (b) in
training or | ||||||
25 | education under the supervision of the United
States | ||||||
26 | preliminary to induction into the military service,
may have |
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1 | his or her license reinstated or restored without paying
any | ||||||
2 | lapsed renewal fees, if within 2 years after honorable
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3 | termination of such service, training, or education, he or she
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4 | furnishes to the Department with satisfactory evidence to the
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5 | effect that he or she has been so engaged and that his or
her
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6 | service, training, or education has been so terminated.
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7 | (C) Inactive licenses. Any licensee who notifies the
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8 | Department, in writing on forms prescribed by the
Department, | ||||||
9 | may elect to place his or her license on an inactive
status and | ||||||
10 | shall, subject to rules of the Department, be
excused from | ||||||
11 | payment of renewal fees until he or she notifies the
Department | ||||||
12 | in writing of his or her desire to resume active
status.
| ||||||
13 | Any licensee requesting restoration from inactive
status | ||||||
14 | shall be required to pay the current renewal fee, provide proof | ||||||
15 | of
meeting the continuing education requirements for the period | ||||||
16 | of time the
license is inactive not to exceed one renewal | ||||||
17 | period, and
shall be required to restore his or her license as | ||||||
18 | provided
in
subsection (B).
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19 | Any licensee whose license is in an inactive status
shall | ||||||
20 | not practice in the State of Illinois.
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21 | (D) Disposition of monies collected. All monies
collected | ||||||
22 | under this Act by the Department shall be
deposited in the | ||||||
23 | Illinois State Medical Disciplinary Fund in
the State Treasury, | ||||||
24 | and used only for the following
purposes: (a) by the Medical | ||||||
25 | Disciplinary
Board in the exercise of its powers and | ||||||
26 | performance of its
duties, as such use is made by the |
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1 | Department with full
consideration of all recommendations of | ||||||
2 | the Medical
Disciplinary Board, (b) for costs directly related | ||||||
3 | to
persons licensed under this Act, and (c) for direct and | ||||||
4 | allocable indirect
costs related to the public purposes of the | ||||||
5 | Department of Professional
Regulation.
| ||||||
6 | Moneys in the Fund may be transferred to the Professions | ||||||
7 | Indirect Cost Fund
as authorized under Section 2105-300 of the | ||||||
8 | Department of Professional
Regulation Law (20 ILCS | ||||||
9 | 2105/2105-300).
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10 | All earnings received from investment of monies in the
| ||||||
11 | Illinois State Medical Disciplinary Fund shall be deposited
in | ||||||
12 | the Illinois State Medical Disciplinary Fund and shall be
used | ||||||
13 | for the same purposes as fees deposited in such Fund.
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14 | (E) Fees. The following fees are nonrefundable.
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15 | (1) Applicants for any examination shall be required
to | ||||||
16 | pay, either to the Department or to the designated
testing | ||||||
17 | service, a fee covering the cost of determining the
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18 | applicant's eligibility and providing the examination.
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19 | Failure to appear for the examination on the scheduled | ||||||
20 | date,
at the time and place specified, after the | ||||||
21 | applicant's
application for examination has been received | ||||||
22 | and
acknowledged by the Department or the designated | ||||||
23 | testing
service, shall result in the forfeiture of the | ||||||
24 | examination
fee.
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25 | (2) The fee for a license under Section 9 of this Act
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26 | is $300.
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1 | (3) The fee for a license under Section 19 of this Act
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2 | is $300.
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3 | (4) The fee for the renewal of a license for a resident | ||||||
4 | of Illinois
shall be calculated at the rate of $100 per | ||||||
5 | year, except for licensees
who were issued a license within | ||||||
6 | 12 months of the expiration date of the
license, the fee | ||||||
7 | for the renewal shall be $100.
The fee for the renewal
of a | ||||||
8 | license for a nonresident shall be calculated at the rate | ||||||
9 | of $200 per
year, except for licensees
who were issued a | ||||||
10 | license within 12 months of the expiration date of the
| ||||||
11 | license, the fee for the renewal shall be $200.
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12 | (5) The fee for the restoration of a license other
than | ||||||
13 | from inactive status, is $100. In addition, payment of all
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14 | lapsed renewal fees not to exceed $600 is required.
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15 | (6) The fee for a 3-year temporary license under
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16 | Section 17 is $100.
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17 | (7) The fee for the issuance of a duplicate license,
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18 | for the issuance of a replacement license for a license
| ||||||
19 | which has been lost or destroyed, or for the issuance of a
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20 | license with a change of name or address other than during
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21 | the renewal period is $20. No fee is required for name and
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22 | address changes on Department records when no duplicate
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23 | license is issued.
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24 | (8) The fee to be paid for a license record for any
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25 | purpose is $20.
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26 | (9) The fee to be paid to have the scoring of an
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1 | examination, administered by the Department, reviewed and
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2 | verified, is $20 plus any fees charged by the applicable
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3 | testing service.
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4 | (10) The fee to be paid by a licensee for a wall
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5 | certificate showing his or her license shall be the actual | ||||||
6 | cost
of producing the certificate.
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7 | (11) The fee for a roster of persons licensed as
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8 | physicians in this State shall be the actual cost of
| ||||||
9 | producing such a roster.
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10 | (F) Any person who delivers a check or other payment to the | ||||||
11 | Department that
is returned to the Department unpaid by the | ||||||
12 | financial institution upon
which it is drawn shall pay to the | ||||||
13 | Department, in addition to the amount
already owed to the | ||||||
14 | Department, a fine of $50. The fines imposed by this Section | ||||||
15 | are in addition
to any other discipline provided under this Act | ||||||
16 | for unlicensed
practice or practice on a nonrenewed license. | ||||||
17 | The Department shall notify
the person that payment of fees and | ||||||
18 | fines shall be paid to the Department
by certified check or | ||||||
19 | money order within 30 calendar days of the
notification. If, | ||||||
20 | after the expiration of 30 days from the date of the
| ||||||
21 | notification, the person has failed to submit the necessary | ||||||
22 | remittance, the
Department shall automatically terminate the | ||||||
23 | license or certificate or deny
the application, without | ||||||
24 | hearing. If, after termination or denial, the
person seeks a | ||||||
25 | license or certificate, he or she shall apply to the
Department | ||||||
26 | for restoration or issuance of the license or certificate and
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1 | pay all fees and fines due to the Department. The Department | ||||||
2 | may establish
a fee for the processing of an application for | ||||||
3 | restoration of a license or
certificate to pay all expenses of | ||||||
4 | processing this application. The Director
may waive the fines | ||||||
5 | due under this Section in individual cases where the
Director | ||||||
6 | finds that the fines would be unreasonable or unnecessarily
| ||||||
7 | burdensome.
| ||||||
8 | (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 92-16, | ||||||
9 | eff.
6-28-01; 92-146, eff. 1-1-02 .)
| ||||||
10 | (225 ILCS 60/24.1) | ||||||
11 | (Section scheduled to be repealed on December 31, 2008) | ||||||
12 | Sec. 24.1. Physician profile. | ||||||
13 | (a) This Section may be cited as the Patients' Right to | ||||||
14 | Know Law.
| ||||||
15 | (b) Beginning on or before September 1, 2008, the The | ||||||
16 | Department shall make available to the public a profile of each | ||||||
17 | physician. The Department shall make this information | ||||||
18 | available through an Internet web site and, if requested, in | ||||||
19 | writing. The physician profile shall contain the following | ||||||
20 | information: | ||||||
21 | (1) the full name of the physician;
| ||||||
22 | (2) a description of any criminal convictions for | ||||||
23 | felonies and Class A misdemeanors, as determined by the | ||||||
24 | Department, within the most recent 5 years. For the | ||||||
25 | purposes of this Section, a person shall be deemed to be |
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| |||||||
1 | convicted of a crime if he or she pleaded guilty or if he | ||||||
2 | was found or adjudged guilty by a court of competent | ||||||
3 | jurisdiction;
| ||||||
4 | (3) a description of any final Department disciplinary | ||||||
5 | actions within the most recent 5 years;
| ||||||
6 | (4) a description of any final disciplinary actions by | ||||||
7 | licensing boards in other states within the most recent 5 | ||||||
8 | years;
| ||||||
9 | (5) a description of revocation or involuntary | ||||||
10 | restriction of hospital privileges for reasons related to | ||||||
11 | competence or character that have been taken by the | ||||||
12 | hospital's governing body or any other official of the | ||||||
13 | hospital after procedural due process has been afforded, or | ||||||
14 | the resignation from or nonrenewal of medical staff | ||||||
15 | membership or the restriction of privileges at a hospital | ||||||
16 | taken in lieu of or in settlement of a pending disciplinary | ||||||
17 | case related to competence or character in that hospital. | ||||||
18 | Only cases which have occurred within the most recent 5 | ||||||
19 | years shall be disclosed by the Department to the public;
| ||||||
20 | (6) all medical malpractice court judgments and all | ||||||
21 | medical malpractice arbitration awards in which a payment | ||||||
22 | was awarded to a complaining party during the most recent 5 | ||||||
23 | years and all settlements of medical malpractice claims in | ||||||
24 | which a payment was made to a complaining party within the | ||||||
25 | most recent 5 years. A medical malpractice judgment or | ||||||
26 | award that has been appealed shall be identified |
| |||||||
| |||||||
1 | prominently as "Under Appeal" on the profile within 20 days | ||||||
2 | of formal written notice to the Department. Information | ||||||
3 | concerning all settlements shall be accompanied by the | ||||||
4 | following statement: "Settlement of a claim may occur for a | ||||||
5 | variety of reasons which do not necessarily reflect | ||||||
6 | negatively on the professional competence or conduct of the | ||||||
7 | physician. A payment in settlement of a medical malpractice | ||||||
8 | action or claim should not be construed as creating a | ||||||
9 | presumption that medical malpractice has occurred." | ||||||
10 | Nothing in this subdivision (6) shall be construed to limit | ||||||
11 | or prevent the Disciplinary Board from providing further | ||||||
12 | explanatory information regarding the significance of | ||||||
13 | categories in which settlements are reported. Pending | ||||||
14 | malpractice claims shall not be disclosed by the Department | ||||||
15 | to the public. Nothing in this subdivision (6) shall be | ||||||
16 | construed to prevent the Disciplinary Board from | ||||||
17 | investigating and the Department from disciplining a | ||||||
18 | physician on the basis of medical malpractice claims that | ||||||
19 | are pending;
| ||||||
20 | (7) names of medical schools attended, dates of | ||||||
21 | attendance, and date of graduation;
| ||||||
22 | (8) graduate medical education;
| ||||||
23 | (9) specialty board certification. The toll-free | ||||||
24 | number of the American Board of Medical Specialties shall | ||||||
25 | be included to verify current board certification status;
| ||||||
26 | (10) number of years in practice and locations;
|
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| |||||||
1 | (11) names of the hospitals where the physician has | ||||||
2 | privileges;
| ||||||
3 | (12) appointments to medical school faculties and | ||||||
4 | indication as to whether a physician has a responsibility | ||||||
5 | for graduate medical education within the most recent 5 | ||||||
6 | years;
| ||||||
7 | (13) information regarding publications in | ||||||
8 | peer-reviewed medical literature within the most recent 5 | ||||||
9 | years;
| ||||||
10 | (14) information regarding professional or community | ||||||
11 | service activities and awards;
| ||||||
12 | (15) the location of the physician's primary practice | ||||||
13 | setting;
| ||||||
14 | (16) identification of any translating services that | ||||||
15 | may be available at the physician's primary practice | ||||||
16 | location;
| ||||||
17 | (17) an indication of whether the physician | ||||||
18 | participates in the Medicaid program.
| ||||||
19 | (c) The Disciplinary Board shall provide individual | ||||||
20 | physicians with a copy of their profiles prior to release to | ||||||
21 | the public. A physician shall be provided 60 days to correct | ||||||
22 | factual inaccuracies that appear in such profile.
| ||||||
23 | (d) A physician may elect to have his or her profile omit | ||||||
24 | certain information provided pursuant to subdivisions (12) | ||||||
25 | through (14) of subsection (b) concerning academic | ||||||
26 | appointments and teaching responsibilities, publication in |
| |||||||
| |||||||
1 | peer-reviewed journals and professional and community service | ||||||
2 | awards. In collecting information for such profiles and in | ||||||
3 | disseminating the same, the Disciplinary Board shall inform | ||||||
4 | physicians that they may choose not to provide such information | ||||||
5 | required pursuant to subdivisions (12) through (14) of | ||||||
6 | subsection (b).
| ||||||
7 | (e) The Department shall promulgate such rules as it deems | ||||||
8 | necessary to accomplish the requirements of this Section , | ||||||
9 | including rules related to the submission of required | ||||||
10 | information by physicians under this Section .
| ||||||
11 | (Source: P.A. 94-677, eff. 8-25-05 .)
| ||||||
12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.
|