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1     AN ACT concerning insurance.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4
ARTICLE 1. FINDINGS

 
5     Section 101. Findings. The General Assembly finds as
6 follows:
7         (1) The increasing cost of medical liability insurance
8     results in increased financial burdens on physicians and
9     hospitals.
10         (2) The increasing cost of medical liability insurance
11     in Illinois is believed to have contributed to the
12     reduction of the availability of medical care in portions
13     of the State and is believed to have discouraged some
14     medical students from choosing Illinois as the place they
15     will receive their medical education and practice
16     medicine.
17         (3) The public would benefit from making the services
18     of hospitals and physicians more available.
19         (4) This health care crisis, which endangers the public
20     health, safety, and welfare of the citizens of Illinois,
21     requires significant reforms to the civil justice system
22     currently endangering health care for citizens of
23     Illinois. Limiting non-economic damages is one of these
24     significant reforms designed to benefit the people of the
25     State of Illinois. An increasing number of citizens or
26     municipalities are enacting ordinances that limit damages
27     and help maintain the health care delivery system in
28     Illinois and protect the health, safety, and welfare of the
29     people of Illinois.
30         (5) In order to preserve the public health, safety, and
31     welfare of the people of Illinois, the current medical
32     malpractice situation requires reforms that enhance the

 

 

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1     State's oversight of physicians and ability to discipline
2     physicians, that increase the State's oversight of medical
3     liability insurance carriers, that reduce the number of
4     nonmeritorious healing art malpractice actions, that limit
5     non-economic damages in healing art malpractice actions,
6     that encourage physicians to provide voluntary services at
7     free medical clinics, that encourage physicians and
8     hospitals to continue providing health care services in
9     Illinois, and that encourage physicians to practice in
10     medical care shortage areas.
 
11
ARTICLE 3. AMENDATORY PROVISIONS

 
12     Section 310. The Illinois Insurance Code is amended by
13 changing Sections 155.18, 155.19, and 1204 and by adding
14 Section 155.18a as follows:
 
15     (215 ILCS 5/155.18)  (from Ch. 73, par. 767.18)
16     Sec. 155.18. (a) This Section shall apply to insurance on
17 risks based upon negligence by a physician, hospital or other
18 health care provider, referred to herein as medical liability
19 insurance. This Section shall not apply to contracts of
20 reinsurance, nor to any farm, county, district or township
21 mutual insurance company transacting business under an Act
22 entitled "An Act relating to local mutual district, county and
23 township insurance companies", approved March 13, 1936, as now
24 or hereafter amended, nor to any such company operating under a
25 special charter.
26     (b) The following standards shall apply to the making and
27 use of rates pertaining to all classes of medical liability
28 insurance:
29         (1) Rates shall not be excessive or inadequate, as
30     herein defined, nor shall they be unfairly discriminatory.
31     No rate shall be held to be excessive unless such rate is
32     unreasonably high for the insurance provided, and a
33     reasonable degree of competition does not exist in the area

 

 

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1     with respect to the classification to which such rate is
2     applicable.
3         No rate shall be held inadequate unless it is
4     unreasonably low for the insurance provided and continued
5     use of it would endanger solvency of the company.
6         (2) Consideration shall be given, to the extent
7     applicable, to past and prospective loss experience within
8     and outside this State, to a reasonable margin for
9     underwriting profit and contingencies, to past and
10     prospective expenses both countrywide and those especially
11     applicable to this State, and to all other factors,
12     including judgment factors, deemed relevant within and
13     outside this State.
14         Consideration may also be given in the making and use
15     of rates to dividends, savings or unabsorbed premium
16     deposits allowed or returned by companies to their
17     policyholders, members or subscribers.
18         (3) The systems of expense provisions included in the
19     rates for use by any company or group of companies may
20     differ from those of other companies or groups of companies
21     to reflect the operating methods of any such company or
22     group with respect to any kind of insurance, or with
23     respect to any subdivision or combination thereof.
24         (4) Risks may be grouped by classifications for the
25     establishment of rates and minimum premiums.
26     Classification rates may be modified to produce rates for
27     individual risks in accordance with rating plans which
28     establish standards for measuring variations in hazards or
29     expense provisions, or both. Such standards may measure any
30     difference among risks that have a probable effect upon
31     losses or expenses. Such classifications or modifications
32     of classifications of risks may be established based upon
33     size, expense, management, individual experience, location
34     or dispersion of hazard, or any other reasonable
35     considerations and shall apply to all risks under the same
36     or substantially the same circumstances or conditions. The

 

 

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1     rate for an established classification should be related
2     generally to the anticipated loss and expense factors of
3     the class.
4     (c) (1) Every company writing medical liability insurance
5 shall file with the Secretary of Financial and Professional
6 Regulation Director of Insurance the rates and rating schedules
7 it uses for medical liability insurance. A rate shall go into
8 effect upon filing, except as otherwise provided in this
9 Section.
10     (2) If (i) 1% of a company's insureds within a specialty or
11 25 of the company's insureds (whichever is greater) request a
12 public hearing, (ii) the Secretary at his or her discretion
13 decides to convene a public hearing, or (iii) the percentage
14 increase in a company's rate is greater than 6%, then the
15 Secretary shall convene a public hearing in accordance with
16 this paragraph (2). The Secretary shall notify the public of
17 any application by an insurer for a rate increase to which this
18 paragraph (2) applies. A public hearing under this paragraph
19 (2) must be concluded within 90 days after the request,
20 decision, or increase that gave rise to the hearing. The
21 Secretary may, by order, adjust a rate or take any other
22 appropriate action at the conclusion of the hearing.
23     (3) A rate (1) This filing shall occur upon a company's
24 commencement of medical liability insurance business in this
25 State at least annually and thereafter as often as the rates
26 are changed or amended.
27     (4) (2) For the purposes of this Section, any change in
28 premium to the company's insureds as a result of a change in
29 the company's base rates or a change in its increased limits
30 factors shall constitute a change in rates and shall require a
31 filing with the Secretary Director.
32     (5) (3) It shall be certified in such filing by an officer
33 of the company and a qualified actuary that the company's rates
34 are based on sound actuarial principles and are not
35 inconsistent with the company's experience. The Secretary may
36 request any additional statistical data and other pertinent

 

 

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1 information necessary to determine the manner the company used
2 to set the filed rates and the reasonableness of those rates.
3 This data and information shall be made available, on a
4 company-by-company basis, to the general public.
5     (d) If after a public hearing the Secretary Director finds:
6         (1) that any rate, rating plan or rating system
7     violates the provisions of this Section applicable to it,
8     he shall may issue an order to the company which has been
9     the subject of the hearing specifying in what respects such
10     violation exists and, in that order, may adjust the rate
11     stating when, within a reasonable period of time, the
12     further use of such rate or rating system by such company
13     in contracts of insurance made thereafter shall be
14     prohibited;
15         (2) that the violation of any of the provisions of this
16     Section applicable to it by any company which has been the
17     subject of the hearing was wilful or that any company has
18     repeatedly violated any provision of this Section, he may
19     take either or both of the following actions:
20             (A) Suspend suspend or revoke, in whole or in part,
21         the certificate of authority of such company with
22         respect to the class of insurance which has been the
23         subject of the hearing.
24             (B) Impose a penalty of up to $1,000 against the
25         company for each violation. Each day during which a
26         violation occurs constitutes a separate violation.
27     The burden is on the company to justify the rate or
28 proposed rate at the public hearing.
29     (e) Every company writing medical liability insurance in
30 this State shall offer to each of its medical liability
31 insureds the option to make premium payments in quarterly
32 installments as prescribed by and filed with the Secretary.
33 This offer shall be included in the initial offer or in the
34 first policy renewal occurring after the effective date of this
35 amendatory Act of the 94th General Assembly, but no earlier
36 than January 1, 2006.

 

 

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1     (f) Every company writing medical liability insurance is
2 encouraged, but not required, to offer the opportunity for
3 participation in a plan offering deductibles to its medical
4 liability insureds. Any plan to offer deductibles shall be
5 filed with the Department.
6     (g) Every company writing medical liability insurance is
7 encouraged, but not required, to offer their medical liability
8 insureds a plan providing premium discounts for participation
9 in risk management activities. Any such plan shall be reported
10 to the Department.
11     (h) A company writing medical liability insurance in
12 Illinois must give 180 days' notice before the company
13 discontinues the writing of medical liability insurance in
14 Illinois.
15 (Source: P.A. 79-1434.)
 
16     (215 ILCS 5/155.18a new)
17     Sec. 155.18a. Professional Liability Insurance Resource
18 Center. The Secretary of Financial and Professional Regulation
19 shall establish a Professional Liability Insurance Resource
20 Center on the Department's Internet website containing the
21 name, telephone number, and base rates of each licensed company
22 providing medical liability insurance and the name, address,
23 and telephone number of each producer who sells medical
24 liability insurance and the name of each licensed company for
25 which the producer sells medical liability insurance. Each
26 company and producer shall submit the information to the
27 Department on or before September 30 of each year in order to
28 be listed on the website. Hyperlinks to company websites shall
29 be included, if available. The publication of the information
30 on the Department's website shall commence on January 1, 2006.
31 The Department shall update the information on the Professional
32 Liability Insurance Resource Center at least annually.
 
33     (215 ILCS 5/155.19)  (from Ch. 73, par. 767.19)
34     Sec. 155.19. All claims filed after December 31, 1976 with

 

 

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1 any insurer and all suits filed after December 31, 1976 in any
2 court in this State, alleging liability on the part of any
3 physician, hospital or other health care provider for medically
4 related injuries, shall be reported to the Secretary of
5 Financial and Professional Regulation Director of Insurance in
6 such form and under such terms and conditions as may be
7 prescribed by the Secretary Director. In addition, and
8 notwithstanding any other provision of law to the contrary, any
9 insurer, stop loss insurer, captive insurer, risk retention
10 group, county risk retention trust, religious or charitable
11 risk pooling trust, surplus line insurer, or other entity
12 authorized or permitted by law to provide medical liability
13 insurance in this State shall report to the Secretary, in such
14 form and under such terms and conditions as may be prescribed
15 by the Secretary, all claims filed after December 31, 2005 and
16 all suits filed after December 31, 2005 in any court in this
17 State alleging liability on the part of any physician,
18 hospital, or health care provider for medically related
19 injuries. Each clerk of the circuit court shall provide to the
20 Secretary such information as the Secretary may deem necessary
21 to verify the accuracy and completeness of reports made to the
22 Secretary under this Section. The Secretary Director shall
23 maintain complete and accurate records of all such claims and
24 suits including their nature, amount, disposition (categorized
25 by verdict, settlement, dismissal, or otherwise and including
26 disposition of any post-trial motions and types of damages
27 awarded, if any, including but not limited to economic damages
28 and non-economic damages) and other information as he may deem
29 useful or desirable in observing and reporting on health care
30 provider liability trends in this State. Records received by
31 the Secretary under this Section shall be available to the
32 general public; however, the records made available to the
33 general public shall not include the names or addresses of the
34 parties to any claims or suits. The Secretary Director shall
35 release to appropriate disciplinary and licensing agencies any
36 such data or information which may assist such agencies in

 

 

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1 improving the quality of health care or which may be useful to
2 such agencies for the purpose of professional discipline.
3     With due regard for appropriate maintenance of the
4 confidentiality thereof, the Secretary Director shall may
5 release, on an annual basis, from time to time to the Governor,
6 the General Assembly and the general public statistical reports
7 based on such data and information.
8     If the Secretary finds that any entity required to report
9 information in its possession under this Section has violated
10 any provision of this Section by filing late, incomplete, or
11 inaccurate reports, the Secretary may fine the entity up to
12 $1,000 for each offense. Each day during which a violation
13 occurs constitutes a separate offense.
14     The Secretary Director may promulgate such rules and
15 regulations as may be necessary to carry out the provisions of
16 this Section.
17 (Source: P.A. 79-1434.)
 
18     (215 ILCS 5/1204)  (from Ch. 73, par. 1065.904)
19     Sec. 1204. (A) The Secretary Director shall promulgate
20 rules and regulations which shall require each insurer licensed
21 to write property or casualty insurance in the State and each
22 syndicate doing business on the Illinois Insurance Exchange to
23 record and report its loss and expense experience and other
24 data as may be necessary to assess the relationship of
25 insurance premiums and related income as compared to insurance
26 costs and expenses. The Secretary Director may designate one or
27 more rate service organizations or advisory organizations to
28 gather and compile such experience and data. The Secretary
29 Director shall require each insurer licensed to write property
30 or casualty insurance in this State and each syndicate doing
31 business on the Illinois Insurance Exchange to submit a report,
32 on a form furnished by the Secretary Director, showing its
33 direct writings in this State and companywide.
34     (B) Such report required by subsection (A) of this Section
35 may include, but not be limited to, the following specific

 

 

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1 types of insurance written by such insurer:
2         (1) Political subdivision liability insurance reported
3     separately in the following categories:
4             (a) municipalities;
5             (b) school districts;
6             (c) other political subdivisions;
7         (2) Public official liability insurance;
8         (3) Dram shop liability insurance;
9         (4) Day care center liability insurance;
10         (5) Labor, fraternal or religious organizations
11     liability insurance;
12         (6) Errors and omissions liability insurance;
13         (7) Officers and directors liability insurance
14     reported separately as follows:
15             (a) non-profit entities;
16             (b) for-profit entities;
17         (8) Products liability insurance;
18         (9) Medical malpractice insurance;
19         (10) Attorney malpractice insurance;
20         (11) Architects and engineers malpractice insurance;
21     and
22         (12) Motor vehicle insurance reported separately for
23     commercial and private passenger vehicles as follows:
24             (a) motor vehicle physical damage insurance;
25             (b) motor vehicle liability insurance.
26     (C) Such report may include, but need not be limited to the
27 following data, both specific to this State and companywide, in
28 the aggregate or by type of insurance for the previous year on
29 a calendar year basis:
30         (1) Direct premiums written;
31         (2) Direct premiums earned;
32         (3) Number of policies;
33         (4) Net investment income, using appropriate estimates
34     where necessary;
35         (5) Losses paid;
36         (6) Losses incurred;

 

 

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1         (7) Loss reserves:
2             (a) Losses unpaid on reported claims;
3             (b) Losses unpaid on incurred but not reported
4         claims;
5         (8) Number of claims:
6             (a) Paid claims;
7             (b) Arising claims;
8         (9) Loss adjustment expenses:
9             (a) Allocated loss adjustment expenses;
10             (b) Unallocated loss adjustment expenses;
11         (10) Net underwriting gain or loss;
12         (11) Net operation gain or loss, including net
13     investment income;
14         (12) Any other information requested by the Secretary
15     Director.
16     (C-5) Additional information required from medical
17 malpractice insurers.
18         (1) In addition to the other requirements of this
19     Section, the following information shall be included in the
20     report required by subsection (A) of this Section in such
21     form and under such terms and conditions as may be
22     prescribed by the Secretary:
23             (a) paid and incurred losses by county for each of
24         the past 10 policy years;
25             (b) earned exposures by ISO code, policy type, and
26         policy year by county for each of the past 10 years;
27         and
28             (c) the following actuarial information:
29                 (i) Base class and territory equivalent
30             exposures by report year by relative accident
31             year.
32                 (ii) Cumulative loss array by accident year by
33             calendar year of development. This array will show
34             frequency of claims in the following categories:
35             open, closed with indemnity (CWI), closed with
36             expense (CWE), and closed no pay (CNP); paid

 

 

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1             severity in the following categories: indemnity
2             and allocated loss adjustment expenses (ALAE) on
3             closed claims; and indemnity and expense reserves
4             on pending claims.
5                 (iii) Cumulative loss array by report year by
6             calendar year of development. This array will show
7             frequency of claims in the following categories:
8             open, closed with indemnity (CWI), closed with
9             expense (CWE), and closed no pay (CNP); paid
10             severity in the following categories: indemnity
11             and allocated loss adjustment expenses (ALAE) on
12             closed claims; and indemnity and expense reserves
13             on pending claims.
14                 (iv) Maturity year and tail factors.
15                 (v) Any expense, contingency ddr (death,
16             disability, and retirement), commission, tax,
17             and/or off-balance factors.
18         (2) The following information must also be annually
19     provided to the Department:
20             (a) copies of the company's reserve and surplus
21         studies; and
22             (b) consulting actuarial report and data
23         supporting the company's rate filing.
24         (3) All information collected by the Secretary under
25     paragraphs (1) and (2) shall be made available, on a
26     company-by-company basis, to the General Assembly and the
27     general public. This provision shall supersede any other
28     provision of State law that may otherwise protect such
29     information from public disclosure as confidential.
30     (D) In addition to the information which may be requested
31 under subsection (C), the Secretary Director may also request
32 on a companywide, aggregate basis, Federal Income Tax
33 recoverable, net realized capital gain or loss, net unrealized
34 capital gain or loss, and all other expenses not requested in
35 subsection (C) above.
36     (E) Violations - Suspensions - Revocations.

 

 

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

 

 

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

 

 

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1         (9) No suspension or revocation under this Section may
2     become effective until 5 days from the date that the notice
3     of suspension or revocation has been personally delivered
4     or delivered by registered or certified mail to the company
5     or person. A suspension or revocation under this Section is
6     stayed upon the filing, by the company or person, of a
7     petition for judicial review under the Administrative
8     Review Law.
9 (Source: P.A. 93-32, eff. 7-1-03.)
 
10     Section 315. The Medical Practice Act of 1987 is amended by
11 changing Sections 7, 22, 23, 24, and 36 and adding Section 24.1
12 as follows:
 
13     (225 ILCS 60/7)  (from Ch. 111, par. 4400-7)
14     (Section scheduled to be repealed on January 1, 2007)
15     Sec. 7. Medical Disciplinary Board.
16     (A) There is hereby created the Illinois State Medical
17 Disciplinary Board (hereinafter referred to as the
18 "Disciplinary Board"). The Disciplinary Board shall consist of
19 11 9 members, to be appointed by the Governor by and with the
20 advice and consent of the Senate. All members shall be
21 residents of the State, not more than 6 5 of whom shall be
22 members of the same political party. All members shall be
23 voting members. Five members shall be physicians licensed to
24 practice medicine in all of its branches in Illinois possessing
25 the degree of doctor of medicine, and it shall be the goal that
26 at least one of the members practice in the field of
27 neurosurgery, one of the members practice in the field of
28 obstetrics and gynecology, and one of the members practice in
29 the field of cardiology. One member shall be a physician
30 licensed to practice in Illinois possessing the degree of
31 doctor of osteopathy or osteopathic medicine. One member shall
32 be a physician licensed to practice in Illinois and possessing
33 the degree of doctor of chiropractic. Four members Two shall be
34 members of the public, who shall not be engaged in any way,

 

 

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1 directly or indirectly, as providers of health care. The 2
2 public members shall act as voting members. One member shall be
3 a physician licensed to practice in Illinois possessing the
4 degree of doctor of osteopathy or osteopathic medicine. One
5 member shall be a physician licensed to practice in Illinois
6 and possessing the degree of doctor of chiropractic.
7     (B) Members of the Disciplinary Board shall be appointed
8 for terms of 4 years. Upon the expiration of the term of any
9 member, their successor shall be appointed for a term of 4
10 years by the Governor by and with the advice and consent of the
11 Senate. The Governor shall fill any vacancy for the remainder
12 of the unexpired term by and with the advice and consent of the
13 Senate. Upon recommendation of the Board, any member of the
14 Disciplinary Board may be removed by the Governor for
15 misfeasance, malfeasance, or wilful neglect of duty, after
16 notice, and a public hearing, unless such notice and hearing
17 shall be expressly waived in writing. Each member shall serve
18 on the Disciplinary Board until their successor is appointed
19 and qualified. No member of the Disciplinary Board shall serve
20 more than 2 consecutive 4 year terms.
21     In making appointments the Governor shall attempt to insure
22 that the various social and geographic regions of the State of
23 Illinois are properly represented.
24     In making the designation of persons to act for the several
25 professions represented on the Disciplinary Board, the
26 Governor shall give due consideration to recommendations by
27 members of the respective professions and by organizations
28 therein.
29     (C) The Disciplinary Board shall annually elect one of its
30 voting members as chairperson and one as vice chairperson. No
31 officer shall be elected more than twice in succession to the
32 same office. Each officer shall serve until their successor has
33 been elected and qualified.
34     (D) (Blank).
35     (E) Six Four voting members of the Disciplinary Board, at
36 least 4 of whom are physicians, shall constitute a quorum. A

 

 

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1 vacancy in the membership of the Disciplinary Board shall not
2 impair the right of a quorum to exercise all the rights and
3 perform all the duties of the Disciplinary Board. Any action
4 taken by the Disciplinary Board under this Act may be
5 authorized by resolution at any regular or special meeting and
6 each such resolution shall take effect immediately. The
7 Disciplinary Board shall meet at least quarterly. The
8 Disciplinary Board is empowered to adopt all rules and
9 regulations necessary and incident to the powers granted to it
10 under this Act.
11     (F) Each member, and member-officer, of the Disciplinary
12 Board shall receive a per diem stipend as the Secretary
13 Director of the Department, hereinafter referred to as the
14 Secretary Director, shall determine. The Secretary Director
15 shall also determine the per diem stipend that each ex-officio
16 member shall receive. Each member shall be paid their necessary
17 expenses while engaged in the performance of their duties.
18     (G) The Secretary Director shall select a Chief Medical
19 Coordinator and not less than 2 a Deputy Medical Coordinators
20 Coordinator who shall not be members of the Disciplinary Board.
21 Each medical coordinator shall be a physician licensed to
22 practice medicine in all of its branches, and the Secretary
23 Director shall set their rates of compensation. The Secretary
24 Director shall assign at least one medical coordinator to a
25 region composed of Cook County and such other counties as the
26 Secretary Director may deem appropriate, and such medical
27 coordinator or coordinators shall locate their office in
28 Chicago. The Secretary Director shall assign at least one the
29 remaining medical coordinator to a region composed of the
30 balance of counties in the State, and such medical coordinator
31 or coordinators shall locate their office in Springfield. Each
32 medical coordinator shall be the chief enforcement officer of
33 this Act in his or her their assigned region and shall serve at
34 the will of the Disciplinary Board.
35     The Secretary Director shall employ, in conformity with the
36 Personnel Code, not less than one full time investigator for

 

 

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1 every 2,500 5000 physicians licensed in the State. Each
2 investigator shall be a college graduate with at least 2 years'
3 investigative experience or one year advanced medical
4 education. Upon the written request of the Disciplinary Board,
5 the Secretary Director shall employ, in conformity with the
6 Personnel Code, such other professional, technical,
7 investigative, and clerical help, either on a full or part-time
8 basis as the Disciplinary Board deems necessary for the proper
9 performance of its duties.
10     (H) Upon the specific request of the Disciplinary Board,
11 signed by either the chairman, vice chairman, or a medical
12 coordinator of the Disciplinary Board, the Department of Human
13 Services or the Department of State Police shall make available
14 any and all information that they have in their possession
15 regarding a particular case then under investigation by the
16 Disciplinary Board.
17     (I) Members of the Disciplinary Board shall be immune from
18 suit in any action based upon any disciplinary proceedings or
19 other acts performed in good faith as members of the
20 Disciplinary Board.
21     (J) The Disciplinary Board may compile and establish a
22 statewide roster of physicians and other medical
23 professionals, including the several medical specialties, of
24 such physicians and medical professionals, who have agreed to
25 serve from time to time as advisors to the medical
26 coordinators. Such advisors shall assist the medical
27 coordinators or the Disciplinary Board in their investigations
28 and participation in complaints against physicians. Such
29 advisors shall serve under contract and shall be reimbursed at
30 a reasonable rate for the services provided, plus reasonable
31 expenses incurred. While serving in this capacity, the advisor,
32 for any act undertaken in good faith and in the conduct of
33 their duties under this Section, shall be immune from civil
34 suit.
35 (Source: P.A. 93-138, eff. 7-10-03.)
 

 

 

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1     (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
2     (Section scheduled to be repealed on January 1, 2007)
3     Sec. 22. Disciplinary action.
4     (A) The Department may revoke, suspend, place on
5 probationary status, refuse to renew, or take any other
6 disciplinary action as the Department may deem proper with
7 regard to the license or visiting professor permit of any
8 person issued under this Act to practice medicine, or to treat
9 human ailments without the use of drugs and without operative
10 surgery upon any of the following grounds:
11         (1) Performance of an elective abortion in any place,
12     locale, facility, or institution other than:
13             (a) a facility licensed pursuant to the Ambulatory
14         Surgical Treatment Center Act;
15             (b) an institution licensed under the Hospital
16         Licensing Act; or
17             (c) an ambulatory surgical treatment center or
18         hospitalization or care facility maintained by the
19         State or any agency thereof, where such department or
20         agency has authority under law to establish and enforce
21         standards for the ambulatory surgical treatment
22         centers, hospitalization, or care facilities under its
23         management and control; or
24             (d) ambulatory surgical treatment centers,
25         hospitalization or care facilities maintained by the
26         Federal Government; or
27             (e) ambulatory surgical treatment centers,
28         hospitalization or care facilities maintained by any
29         university or college established under the laws of
30         this State and supported principally by public funds
31         raised by taxation.
32         (2) Performance of an abortion procedure in a wilful
33     and wanton manner on a woman who was not pregnant at the
34     time the abortion procedure was performed.
35         (3) The conviction of a felony in this or any other
36     jurisdiction, except as otherwise provided in subsection B

 

 

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1     of this Section, whether or not related to practice under
2     this Act, or the entry of a guilty or nolo contendere plea
3     to a felony charge.
4         (4) Gross negligence in practice under this Act.
5         (5) Engaging in dishonorable, unethical or
6     unprofessional conduct of a character likely to deceive,
7     defraud or harm the public.
8         (6) Obtaining any fee by fraud, deceit, or
9     misrepresentation.
10         (7) Habitual or excessive use or abuse of drugs defined
11     in law as controlled substances, of alcohol, or of any
12     other substances which results in the inability to practice
13     with reasonable judgment, skill or safety.
14         (8) Practicing under a false or, except as provided by
15     law, an assumed name.
16         (9) Fraud or misrepresentation in applying for, or
17     procuring, a license under this Act or in connection with
18     applying for renewal of a license under this Act.
19         (10) Making a false or misleading statement regarding
20     their skill or the efficacy or value of the medicine,
21     treatment, or remedy prescribed by them at their direction
22     in the treatment of any disease or other condition of the
23     body or mind.
24         (11) Allowing another person or organization to use
25     their license, procured under this Act, to practice.
26         (12) Disciplinary action of another state or
27     jurisdiction against a license or other authorization to
28     practice as a medical doctor, doctor of osteopathy, doctor
29     of osteopathic medicine or doctor of chiropractic, a
30     certified copy of the record of the action taken by the
31     other state or jurisdiction being prima facie evidence
32     thereof.
33         (13) Violation of any provision of this Act or of the
34     Medical Practice Act prior to the repeal of that Act, or
35     violation of the rules, or a final administrative action of
36     the Secretary Director, after consideration of the

 

 

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

 

 

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

 

 

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

 

 

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1         (33) Violating state or federal laws or regulations
2     relating to controlled substances, legend drugs, or
3     ephedra, as defined in the Ephedra Prohibition Act.
4         (34) Failure to report to the Department any adverse
5     final action taken against them by another licensing
6     jurisdiction (any other state or any territory of the
7     United States or any foreign state or country), by any peer
8     review body, by any health care institution, by any
9     professional society or association related to practice
10     under this Act, by any governmental agency, by any law
11     enforcement agency, or by any court for acts or conduct
12     similar to acts or conduct which would constitute grounds
13     for action as defined in this Section.
14         (35) Failure to report to the Department surrender of a
15     license or authorization to practice as a medical doctor, a
16     doctor of osteopathy, a doctor of osteopathic medicine, or
17     doctor of chiropractic in another state or jurisdiction, or
18     surrender of membership on any medical staff or in any
19     medical or professional association or society, while
20     under disciplinary investigation by any of those
21     authorities or bodies, for acts or conduct similar to acts
22     or conduct which would constitute grounds for action as
23     defined in this Section.
24         (36) Failure to report to the Department any adverse
25     judgment, settlement, or award arising from a liability
26     claim related to acts or conduct similar to acts or conduct
27     which would constitute grounds for action as defined in
28     this Section.
29         (37) Failure to transfer copies of medical records as
30     required by law.
31         (38) Failure to furnish the Department, its
32     investigators or representatives, relevant information,
33     legally requested by the Department after consultation
34     with the Chief Medical Coordinator or the Deputy Medical
35     Coordinator.
36         (39) Violating the Health Care Worker Self-Referral

 

 

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1     Act.
2         (40) Willful failure to provide notice when notice is
3     required under the Parental Notice of Abortion Act of 1995.
4         (41) Failure to establish and maintain records of
5     patient care and treatment as required by this law.
6         (42) Entering into an excessive number of written
7     collaborative agreements with licensed advanced practice
8     nurses resulting in an inability to adequately collaborate
9     and provide medical direction.
10         (43) Repeated failure to adequately collaborate with
11     or provide medical direction to a licensed advanced
12     practice nurse.
13     Except for actions involving the ground numbered (26), all
14 All proceedings to suspend, revoke, place on probationary
15 status, or take any other disciplinary action as the Department
16 may deem proper, with regard to a license on any of the
17 foregoing grounds, must be commenced within 5 3 years next
18 after receipt by the Department of a complaint alleging the
19 commission of or notice of the conviction order for any of the
20 acts described herein. Except for the grounds numbered (8),
21 (9), (26), and (29), no action shall be commenced more than 10
22 5 years after the date of the incident or act alleged to have
23 violated this Section. For actions involving the ground
24 numbered (26), a pattern of practice or other behavior includes
25 all incidents alleged to be part of the pattern of practice or
26 other behavior that occurred or a report pursuant to Section 23
27 of this Act received within the 10-year period preceding the
28 filing of the complaint. In the event of the settlement of any
29 claim or cause of action in favor of the claimant or the
30 reduction to final judgment of any civil action in favor of the
31 plaintiff, such claim, cause of action or civil action being
32 grounded on the allegation that a person licensed under this
33 Act was negligent in providing care, the Department shall have
34 an additional period of 2 years one year from the date of
35 notification to the Department under Section 23 of this Act of
36 such settlement or final judgment in which to investigate and

 

 

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1 commence formal disciplinary proceedings under Section 36 of
2 this Act, except as otherwise provided by law. The time during
3 which the holder of the license was outside the State of
4 Illinois shall not be included within any period of time
5 limiting the commencement of disciplinary action by the
6 Department.
7     The entry of an order or judgment by any circuit court
8 establishing that any person holding a license under this Act
9 is a person in need of mental treatment operates as a
10 suspension of that license. That person may resume their
11 practice only upon the entry of a Departmental order based upon
12 a finding by the Medical Disciplinary Board that they have been
13 determined to be recovered from mental illness by the court and
14 upon the Disciplinary Board's recommendation that they be
15 permitted to resume their practice.
16     The Department may refuse to issue or take disciplinary
17 action concerning the license of any person who fails to file a
18 return, or to pay the tax, penalty or interest shown in a filed
19 return, or to pay any final assessment of tax, penalty or
20 interest, as required by any tax Act administered by the
21 Illinois Department of Revenue, until such time as the
22 requirements of any such tax Act are satisfied as determined by
23 the Illinois Department of Revenue.
24     The Department, upon the recommendation of the
25 Disciplinary Board, shall adopt rules which set forth standards
26 to be used in determining:
27         (a) when a person will be deemed sufficiently
28     rehabilitated to warrant the public trust;
29         (b) what constitutes dishonorable, unethical or
30     unprofessional conduct of a character likely to deceive,
31     defraud, or harm the public;
32         (c) what constitutes immoral conduct in the commission
33     of any act, including, but not limited to, commission of an
34     act of sexual misconduct related to the licensee's
35     practice; and
36         (d) what constitutes gross negligence in the practice

 

 

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1     of medicine.
2     However, no such rule shall be admissible into evidence in
3 any civil action except for review of a licensing or other
4 disciplinary action under this Act.
5     In enforcing this Section, the Medical Disciplinary Board,
6 upon a showing of a possible violation, may compel any
7 individual licensed to practice under this Act, or who has
8 applied for licensure or a permit pursuant to this Act, to
9 submit to a mental or physical examination, or both, as
10 required by and at the expense of the Department. The examining
11 physician or physicians shall be those specifically designated
12 by the Disciplinary Board. The Medical Disciplinary Board or
13 the Department may order the examining physician to present
14 testimony concerning this mental or physical examination of the
15 licensee or applicant. No information shall be excluded by
16 reason of any common law or statutory privilege relating to
17 communication between the licensee or applicant and the
18 examining physician. The individual to be examined may have, at
19 his or her own expense, another physician of his or her choice
20 present during all aspects of the examination. Failure of any
21 individual to submit to mental or physical examination, when
22 directed, shall be grounds for suspension of his or her license
23 until such time as the individual submits to the examination if
24 the Disciplinary Board finds, after notice and hearing, that
25 the refusal to submit to the examination was without reasonable
26 cause. If the Disciplinary Board finds a physician unable to
27 practice because of the reasons set forth in this Section, the
28 Disciplinary Board shall require such physician to submit to
29 care, counseling, or treatment by physicians approved or
30 designated by the Disciplinary Board, as a condition for
31 continued, reinstated, or renewed licensure to practice. Any
32 physician, whose license was granted pursuant to Sections 9,
33 17, or 19 of this Act, or, continued, reinstated, renewed,
34 disciplined or supervised, subject to such terms, conditions or
35 restrictions who shall fail to comply with such terms,
36 conditions or restrictions, or to complete a required program

 

 

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1 of care, counseling, or treatment, as determined by the Chief
2 Medical Coordinator or Deputy Medical Coordinators, shall be
3 referred to the Secretary Director for a determination as to
4 whether the licensee shall have their license suspended
5 immediately, pending a hearing by the Disciplinary Board. In
6 instances in which the Secretary Director immediately suspends
7 a license under this Section, a hearing upon such person's
8 license must be convened by the Disciplinary Board within 15
9 days after such suspension and completed without appreciable
10 delay. The Disciplinary Board shall have the authority to
11 review the subject physician's record of treatment and
12 counseling regarding the impairment, to the extent permitted by
13 applicable federal statutes and regulations safeguarding the
14 confidentiality of medical records.
15     An individual licensed under this Act, affected under this
16 Section, shall be afforded an opportunity to demonstrate to the
17 Disciplinary Board that they can resume practice in compliance
18 with acceptable and prevailing standards under the provisions
19 of their license.
20     The Department may promulgate rules for the imposition of
21 fines in disciplinary cases, not to exceed $10,000 $5,000 for
22 each violation of this Act. Fines may be imposed in conjunction
23 with other forms of disciplinary action, but shall not be the
24 exclusive disposition of any disciplinary action arising out of
25 conduct resulting in death or injury to a patient. Any funds
26 collected from such fines shall be deposited in the Medical
27 Disciplinary Fund.
28     (B) The Department shall revoke the license or visiting
29 permit of any person issued under this Act to practice medicine
30 or to treat human ailments without the use of drugs and without
31 operative surgery, who has been convicted a second time of
32 committing any felony under the Illinois Controlled Substances
33 Act, or who has been convicted a second time of committing a
34 Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois
35 Public Aid Code. A person whose license or visiting permit is
36 revoked under this subsection B of Section 22 of this Act shall

 

 

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1 be prohibited from practicing medicine or treating human
2 ailments without the use of drugs and without operative
3 surgery.
4     (C) The Medical Disciplinary Board shall recommend to the
5 Department civil penalties and any other appropriate
6 discipline in disciplinary cases when the Board finds that a
7 physician willfully performed an abortion with actual
8 knowledge that the person upon whom the abortion has been
9 performed is a minor or an incompetent person without notice as
10 required under the Parental Notice of Abortion Act of 1995.
11 Upon the Board's recommendation, the Department shall impose,
12 for the first violation, a civil penalty of $1,000 and for a
13 second or subsequent violation, a civil penalty of $5,000.
14 (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96; 89-626,
15 eff. 8-9-96; 89-702, eff. 7-1-97; 90-742, eff. 8-13-98.)
 
16     (225 ILCS 60/23)  (from Ch. 111, par. 4400-23)
17     (Section scheduled to be repealed on January 1, 2007)
18     Sec. 23. Reports relating to professional conduct and
19 capacity.
20     (A) Entities required to report.
21         (1) Health care institutions. The chief administrator
22     or executive officer of any health care institution
23     licensed by the Illinois Department of Public Health shall
24     report to the Disciplinary Board when any person's clinical
25     privileges are terminated or are restricted based on a
26     final determination, in accordance with that institution's
27     by-laws or rules and regulations, that a person has either
28     committed an act or acts which may directly threaten
29     patient care, and not of an administrative nature, or that
30     a person may be mentally or physically disabled in such a
31     manner as to endanger patients under that person's care.
32     Such officer also shall report if a person accepts
33     voluntary termination or restriction of clinical
34     privileges in lieu of formal action based upon conduct
35     related directly to patient care and not of an

 

 

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1     administrative nature, or in lieu of formal action seeking
2     to determine whether a person may be mentally or physically
3     disabled in such a manner as to endanger patients under
4     that person's care. The Medical Disciplinary Board shall,
5     by rule, provide for the reporting to it of all instances
6     in which a person, licensed under this Act, who is impaired
7     by reason of age, drug or alcohol abuse or physical or
8     mental impairment, is under supervision and, where
9     appropriate, is in a program of rehabilitation. Such
10     reports shall be strictly confidential and may be reviewed
11     and considered only by the members of the Disciplinary
12     Board, or by authorized staff as provided by rules of the
13     Disciplinary Board. Provisions shall be made for the
14     periodic report of the status of any such person not less
15     than twice annually in order that the Disciplinary Board
16     shall have current information upon which to determine the
17     status of any such person. Such initial and periodic
18     reports of impaired physicians shall not be considered
19     records within the meaning of The State Records Act and
20     shall be disposed of, following a determination by the
21     Disciplinary Board that such reports are no longer
22     required, in a manner and at such time as the Disciplinary
23     Board shall determine by rule. The filing of such reports
24     shall be construed as the filing of a report for purposes
25     of subsection (C) of this Section.
26         (2) Professional associations. The President or chief
27     executive officer of any association or society, of persons
28     licensed under this Act, operating within this State shall
29     report to the Disciplinary Board when the association or
30     society renders a final determination that a person has
31     committed unprofessional conduct related directly to
32     patient care or that a person may be mentally or physically
33     disabled in such a manner as to endanger patients under
34     that person's care.
35         (3) Professional liability insurers. Every insurance
36     company which offers policies of professional liability

 

 

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1     insurance to persons licensed under this Act, or any other
2     entity which seeks to indemnify the professional liability
3     of a person licensed under this Act, shall report to the
4     Disciplinary Board the settlement of any claim or cause of
5     action, or final judgment rendered in any cause of action,
6     which alleged negligence in the furnishing of medical care
7     by such licensed person when such settlement or final
8     judgment is in favor of the plaintiff.
9         (4) State's Attorneys. The State's Attorney of each
10     county shall report to the Disciplinary Board all instances
11     in which a person licensed under this Act is convicted or
12     otherwise found guilty of the commission of any felony. The
13     State's Attorney of each county may report to the
14     Disciplinary Board through a verified complaint any
15     instance in which the State's Attorney believes that a
16     physician has willfully violated the notice requirements
17     of the Parental Notice of Abortion Act of 1995.
18         (5) State agencies. All agencies, boards, commissions,
19     departments, or other instrumentalities of the government
20     of the State of Illinois shall report to the Disciplinary
21     Board any instance arising in connection with the
22     operations of such agency, including the administration of
23     any law by such agency, in which a person licensed under
24     this Act has either committed an act or acts which may be a
25     violation of this Act or which may constitute
26     unprofessional conduct related directly to patient care or
27     which indicates that a person licensed under this Act may
28     be mentally or physically disabled in such a manner as to
29     endanger patients under that person's care.
30     (B) Mandatory reporting. All reports required by items
31 (34), (35), and (36) of subsection (A) of Section 22 and by
32 Section 23 shall be submitted to the Disciplinary Board in a
33 timely fashion. The reports shall be filed in writing within 60
34 days after a determination that a report is required under this
35 Act. All reports shall contain the following information:
36         (1) The name, address and telephone number of the

 

 

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1     person making the report.
2         (2) The name, address and telephone number of the
3     person who is the subject of the report.
4         (3) The name and date of birth or other means of
5     identification of any patient or patients whose treatment
6     is a subject of the report, if available, or other means of
7     identification if such information is not available,
8     identification of the hospital or other healthcare
9     facility where the care at issue in the report was
10     rendered, provided, however, no medical records may be
11     revealed without the written consent of the patient or
12     patients.
13         (4) A brief description of the facts which gave rise to
14     the issuance of the report, including the dates of any
15     occurrences deemed to necessitate the filing of the report.
16         (5) If court action is involved, the identity of the
17     court in which the action is filed, along with the docket
18     number and date of filing of the action.
19         (6) Any further pertinent information which the
20     reporting party deems to be an aid in the evaluation of the
21     report.
22     The Department shall have the right to inform patients of
23 the right to provide written consent for the Department to
24 obtain copies of hospital and medical records. The Disciplinary
25 Board or Department may also exercise the power under Section
26 38 of this Act to subpoena copies of hospital or medical
27 records in mandatory report cases alleging death or permanent
28 bodily injury when consent to obtain records is not provided by
29 a patient or legal representative. Appropriate rules shall be
30 adopted by the Department with the approval of the Disciplinary
31 Board.
32     When the Department has received written reports
33 concerning incidents required to be reported in items (34),
34 (35), and (36) of subsection (A) of Section 22, the licensee's
35 failure to report the incident to the Department under those
36 items shall not be the sole grounds for disciplinary action.

 

 

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1     Nothing contained in this Section shall act to in any way,
2 waive or modify the confidentiality of medical reports and
3 committee reports to the extent provided by law. Any
4 information reported or disclosed shall be kept for the
5 confidential use of the Disciplinary Board, the Medical
6 Coordinators, the Disciplinary Board's attorneys, the medical
7 investigative staff, and authorized clerical staff, as
8 provided in this Act, and shall be afforded the same status as
9 is provided information concerning medical studies in Part 21
10 of Article VIII of the Code of Civil Procedure, except that the
11 Department may disclose information and documents to a federal,
12 State, or local law enforcement agency pursuant to a subpoena
13 in an ongoing criminal investigation. Furthermore, information
14 and documents disclosed to a federal, State, or local law
15 enforcement agency may be used by that agency only for the
16 investigation and prosecution of a criminal offense.
17     (C) Immunity from prosecution. Any individual or
18 organization acting in good faith, and not in a wilful and
19 wanton manner, in complying with this Act by providing any
20 report or other information to the Disciplinary Board or a peer
21 review committee, or assisting in the investigation or
22 preparation of such information, or by voluntarily reporting to
23 the Disciplinary Board or a peer review committee information
24 regarding alleged errors or negligence by a person licensed
25 under this Act, or by participating in proceedings of the
26 Disciplinary Board or a peer review committee, or by serving as
27 a member of the Disciplinary Board or a peer review committee,
28 shall not, as a result of such actions, be subject to criminal
29 prosecution or civil damages.
30     (D) Indemnification. Members of the Disciplinary Board,
31 the Medical Coordinators, the Disciplinary Board's attorneys,
32 the medical investigative staff, physicians retained under
33 contract to assist and advise the medical coordinators in the
34 investigation, and authorized clerical staff shall be
35 indemnified by the State for any actions occurring within the
36 scope of services on the Disciplinary Board, done in good faith

 

 

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1 and not wilful and wanton in nature. The Attorney General shall
2 defend all such actions unless he or she determines either that
3 there would be a conflict of interest in such representation or
4 that the actions complained of were not in good faith or were
5 wilful and wanton.
6     Should the Attorney General decline representation, the
7 member shall have the right to employ counsel of his or her
8 choice, whose fees shall be provided by the State, after
9 approval by the Attorney General, unless there is a
10 determination by a court that the member's actions were not in
11 good faith or were wilful and wanton.
12     The member must notify the Attorney General within 7 days
13 of receipt of notice of the initiation of any action involving
14 services of the Disciplinary Board. Failure to so notify the
15 Attorney General shall constitute an absolute waiver of the
16 right to a defense and indemnification.
17     The Attorney General shall determine within 7 days after
18 receiving such notice, whether he or she will undertake to
19 represent the member.
20     (E) Deliberations of Disciplinary Board. Upon the receipt
21 of any report called for by this Act, other than those reports
22 of impaired persons licensed under this Act required pursuant
23 to the rules of the Disciplinary Board, the Disciplinary Board
24 shall notify in writing, by certified mail, the person who is
25 the subject of the report. Such notification shall be made
26 within 30 days of receipt by the Disciplinary Board of the
27 report.
28     The notification shall include a written notice setting
29 forth the person's right to examine the report. Included in
30 such notification shall be the address at which the file is
31 maintained, the name of the custodian of the reports, and the
32 telephone number at which the custodian may be reached. The
33 person who is the subject of the report shall submit a written
34 statement responding, clarifying, adding to, or proposing the
35 amending of the report previously filed. The person who is the
36 subject of the report shall also submit with the written

 

 

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1 statement any medical records related to the report. The
2 statement and accompanying medical records shall become a
3 permanent part of the file and must be received by the
4 Disciplinary Board no more than 30 60 days after the date on
5 which the person was notified by the Disciplinary Board of the
6 existence of the original report.
7     The Disciplinary Board shall review all reports received by
8 it, together with any supporting information and responding
9 statements submitted by persons who are the subject of reports.
10 The review by the Disciplinary Board shall be in a timely
11 manner but in no event, shall the Disciplinary Board's initial
12 review of the material contained in each disciplinary file be
13 less than 61 days nor more than 180 days after the receipt of
14 the initial report by the Disciplinary Board.
15     When the Disciplinary Board makes its initial review of the
16 materials contained within its disciplinary files, the
17 Disciplinary Board shall, in writing, make a determination as
18 to whether there are sufficient facts to warrant further
19 investigation or action. Failure to make such determination
20 within the time provided shall be deemed to be a determination
21 that there are not sufficient facts to warrant further
22 investigation or action.
23     Should the Disciplinary Board find that there are not
24 sufficient facts to warrant further investigation, or action,
25 the report shall be accepted for filing and the matter shall be
26 deemed closed and so reported to the Secretary Director. The
27 Secretary Director shall then have 30 days to accept the
28 Medical Disciplinary Board's decision or request further
29 investigation. The Secretary Director shall inform the Board in
30 writing of the decision to request further investigation,
31 including the specific reasons for the decision. The individual
32 or entity filing the original report or complaint and the
33 person who is the subject of the report or complaint shall be
34 notified in writing by the Secretary Director of any final
35 action on their report or complaint.
36     (F) Summary reports. The Disciplinary Board shall prepare,

 

 

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1 on a timely basis, but in no event less than one every other
2 month, a summary report of final actions taken upon
3 disciplinary files maintained by the Disciplinary Board. The
4 summary reports shall be sent by the Disciplinary Board to
5 every health care facility licensed by the Illinois Department
6 of Public Health, every professional association and society of
7 persons licensed under this Act functioning on a statewide
8 basis in this State, the American Medical Association, the
9 American Osteopathic Association, the American Chiropractic
10 Association, all insurers providing professional liability
11 insurance to persons licensed under this Act in the State of
12 Illinois, the Federation of State Medical Licensing Boards, and
13 the Illinois Pharmacists Association.
14     (G) Any violation of this Section shall be a Class A
15 misdemeanor.
16     (H) If any such person violates the provisions of this
17 Section an action may be brought in the name of the People of
18 the State of Illinois, through the Attorney General of the
19 State of Illinois, for an order enjoining such violation or for
20 an order enforcing compliance with this Section. Upon filing of
21 a verified petition in such court, the court may issue a
22 temporary restraining order without notice or bond and may
23 preliminarily or permanently enjoin such violation, and if it
24 is established that such person has violated or is violating
25 the injunction, the court may punish the offender for contempt
26 of court. Proceedings under this paragraph shall be in addition
27 to, and not in lieu of, all other remedies and penalties
28 provided for by this Section.
29 (Source: P.A. 89-18, eff. 6-1-95; 89-702, eff. 7-1-97; 90-699,
30 eff. 1-1-99.)
 
31     (225 ILCS 60/24)  (from Ch. 111, par. 4400-24)
32     (Section scheduled to be repealed on January 1, 2007)
33     Sec. 24. Report of violations; medical associations. Any
34 physician licensed under this Act, the Illinois State Medical
35 Society, the Illinois Association of Osteopathic Physicians

 

 

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

 

 

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1 requirement shall not be deemed to have violated any
2 attorney-client privilege. Notwithstanding any other provision
3 of law, consent by a patient shall not be required for the
4 provision of patient records in accordance with this
5 requirement.
6     For the purpose of any civil or criminal proceedings, the
7 good faith of any physician, association, society or person
8 shall be presumed. The Disciplinary Board may request the
9 Illinois State Medical Society, the Illinois Association of
10 Osteopathic Physicians and Surgeons, the Illinois Prairie
11 State Chiropractic Association, or the Illinois Chiropractic
12 Society to assist the Disciplinary Board in preparing for or
13 conducting any medical competency examination as the Board may
14 deem appropriate.
15 (Source: P.A. 88-324.)
 
16     (225 ILCS 60/24.1 new)
17     Sec. 24.1. Physician profile.
18     (a) This Section may be cited as the Patients' Right to
19 Know Law.
20     (b) The Department shall make available to the public a
21 profile of each physician. The Department shall make this
22 information available through an Internet web site and, if
23 requested, in writing. The physician profile shall contain the
24 following information:
25         (1) the full name of the physician;
26         (2) a description of any criminal convictions for
27     felonies and Class A misdemeanors, as determined by the
28     Department, within the most recent 5 years. For the
29     purposes of this Section, a person shall be deemed to be
30     convicted of a crime if he or she pleaded guilty or if he
31     was found or adjudged guilty by a court of competent
32     jurisdiction;
33         (3) a description of any final Department disciplinary
34     actions within the most recent 5 years;
35         (4) a description of any final disciplinary actions by

 

 

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1     licensing boards in other states within the most recent 5
2     years;
3         (5) a description of revocation or involuntary
4     restriction of hospital privileges for reasons related to
5     competence or character that have been taken by the
6     hospital's governing body or any other official of the
7     hospital after procedural due process has been afforded, or
8     the resignation from or nonrenewal of medical staff
9     membership or the restriction of privileges at a hospital
10     taken in lieu of or in settlement of a pending disciplinary
11     case related to competence or character in that hospital.
12     Only cases which have occurred within the most recent 5
13     years shall be disclosed by the Department to the public;
14         (6) all medical malpractice court judgments and all
15     medical malpractice arbitration awards in which a payment
16     was awarded to a complaining party during the most recent 5
17     years and all settlements of medical malpractice claims in
18     which a payment was made to a complaining party within the
19     most recent 5 years. A medical malpractice judgment or
20     award that has been appealed shall be identified
21     prominently as "Under Appeal" on the profile within 20 days
22     of formal written notice to the Department. Information
23     concerning all settlements shall be accompanied by the
24     following statement: "Settlement of a claim may occur for a
25     variety of reasons which do not necessarily reflect
26     negatively on the professional competence or conduct of the
27     physician. A payment in settlement of a medical malpractice
28     action or claim should not be construed as creating a
29     presumption that medical malpractice has occurred."
30     Nothing in this subdivision (6) shall be construed to limit
31     or prevent the Disciplinary Board from providing further
32     explanatory information regarding the significance of
33     categories in which settlements are reported. Pending
34     malpractice claims shall not be disclosed by the Department
35     to the public. Nothing in this subdivision (6) shall be
36     construed to prevent the Disciplinary Board from

 

 

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1     investigating and the Department from disciplining a
2     physician on the basis of medical malpractice claims that
3     are pending;
4         (7) names of medical schools attended, dates of
5     attendance, and date of graduation;
6         (8) graduate medical education;
7         (9) specialty board certification. The toll-free
8     number of the American Board of Medical Specialties shall
9     be included to verify current board certification status;
10         (10) number of years in practice and locations;
11         (11) names of the hospitals where the physician has
12     privileges;
13         (12) appointments to medical school faculties and
14     indication as to whether a physician has a responsibility
15     for graduate medical education within the most recent 5
16     years;
17         (13) information regarding publications in
18     peer-reviewed medical literature within the most recent 5
19     years;
20         (14) information regarding professional or community
21     service activities and awards;
22         (15) the location of the physician's primary practice
23     setting;
24         (16) identification of any translating services that
25     may be available at the physician's primary practice
26     location;
27         (17) an indication of whether the physician
28     participates in the Medicaid program.
29     (c) The Disciplinary Board shall provide individual
30 physicians with a copy of their profiles prior to release to
31 the public. A physician shall be provided 60 days to correct
32 factual inaccuracies that appear in such profile.
33     (d) A physician may elect to have his or her profile omit
34 certain information provided pursuant to subdivisions (12)
35 through (14) of subsection (b) concerning academic
36 appointments and teaching responsibilities, publication in

 

 

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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     (225 ILCS 60/36)  (from Ch. 111, par. 4400-36)
10     (Section scheduled to be repealed on January 1, 2007)
11     Sec. 36. Upon the motion of either the Department or the
12 Disciplinary Board or upon the verified complaint in writing of
13 any person setting forth facts which, if proven, would
14 constitute grounds for suspension or revocation under Section
15 22 of this Act, the Department shall investigate the actions of
16 any person, so accused, who holds or represents that they hold
17 a license. Such person is hereinafter called the accused.
18     The Department shall, before suspending, revoking, placing
19 on probationary status, or taking any other disciplinary action
20 as the Department may deem proper with regard to any license at
21 least 30 days prior to the date set for the hearing, notify the
22 accused in writing of any charges made and the time and place
23 for a hearing of the charges before the Disciplinary Board,
24 direct them to file their written answer thereto to the
25 Disciplinary Board under oath within 20 days after the service
26 on them of such notice and inform them that if they fail to
27 file such answer default will be taken against them and their
28 license may be suspended, revoked, placed on probationary
29 status, or have other disciplinary action, including limiting
30 the scope, nature or extent of their practice, as the
31 Department may deem proper taken with regard thereto.
32     Where a physician has been found, upon complaint and
33 investigation of the Department, and after hearing, to have
34 performed an abortion procedure in a wilful and wanton manner
35 upon a woman who was not pregnant at the time such abortion

 

 

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1 procedure was performed, the Department shall automatically
2 revoke the license of such physician to practice medicine in
3 Illinois.
4     Such written notice and any notice in such proceedings
5 thereafter may be served by delivery of the same, personally,
6 to the accused person, or by mailing the same by registered or
7 certified mail to the address last theretofore specified by the
8 accused in their last notification to the Department.
9     All information gathered by the Department during its
10 investigation including information subpoenaed under Section
11 23 or 38 of this Act and the investigative file shall be kept
12 for the confidential use of the Secretary Director,
13 Disciplinary Board, the Medical Coordinators, persons employed
14 by contract to advise the Medical Coordinator or the
15 Department, the Disciplinary Board's attorneys, the medical
16 investigative staff, and authorized clerical staff, as
17 provided in this Act and shall be afforded the same status as
18 is provided information concerning medical studies in Part 21
19 of Article VIII of the Code of Civil Procedure, except that the
20 Department may disclose information and documents to a federal,
21 State, or local law enforcement agency pursuant to a subpoena
22 in an ongoing criminal investigation. Furthermore, information
23 and documents disclosed to a federal, State, or local law
24 enforcement agency may be used by that agency only for the
25 investigation and prosecution of a criminal offense.
26 (Source: P.A. 90-699, eff. 1-1-99.)
 
27     Section 320. The Clerks of Courts Act is amended by adding
28 Section 27.10 as follows:
 
29     (705 ILCS 105/27.10 new)
30     Sec. 27.10. Secretary of Financial and Professional
31 Regulation. Each clerk of the circuit court shall provide to
32 the Secretary of Financial and Professional Regulation such
33 information as the Secretary of Financial and Professional
34 Regulation requests under Section 155.19 of the Illinois

 

 

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1 Insurance Code.
 
2     Section 330. The Code of Civil Procedure is amended by
3 reenacting and changing Sections 2-622 and 8-2501, by changing
4 Section 8-1901, and by adding Sections 2-1704.5 and 2-1706.5 as
5 follows:
 
6     (735 ILCS 5/2-622)  (from Ch. 110, par. 2-622)
7     (Text of Section WITHOUT the changes made by P.A. 89-7,
8 which has been held unconstitutional)
9     Sec. 2-622. Healing art malpractice.
10     (a) In any action, whether in tort, contract or otherwise,
11 in which the plaintiff seeks damages for injuries or death by
12 reason of medical, hospital, or other healing art malpractice,
13 the plaintiff's attorney or the plaintiff, if the plaintiff is
14 proceeding pro se, shall file an affidavit, attached to the
15 original and all copies of the complaint, declaring one of the
16 following:
17         1. That the affiant has consulted and reviewed the
18     facts of the case with a health professional who the
19     affiant reasonably believes: (i) is knowledgeable in the
20     relevant issues involved in the particular action; (ii)
21     practices or has practiced within the last 5 6 years or
22     teaches or has taught within the last 5 6 years in the same
23     area of health care or medicine that is at issue in the
24     particular action; and (iii) meets the expert witness
25     standards set forth in paragraphs (a) through (d) of
26     Section 8-2501; is qualified by experience or demonstrated
27     competence in the subject of the case; that the reviewing
28     health professional has determined in a written report,
29     after a review of the medical record and other relevant
30     material involved in the particular action that there is a
31     reasonable and meritorious cause for the filing of such
32     action; and that the affiant has concluded on the basis of
33     the reviewing health professional's review and
34     consultation that there is a reasonable and meritorious

 

 

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1     cause for filing of such action. A single written report
2     must be filed to cover each defendant in the action. As to
3     defendants who are individuals, the If the affidavit is
4     filed as to a defendant who is a physician licensed to
5     treat human ailments without the use of drugs or medicines
6     and without operative surgery, a dentist, a podiatrist, a
7     psychologist, or a naprapath, The written report must be
8     from a health professional licensed in the same profession,
9     with the same class of license, as the defendant. For
10     written reports affidavits filed as to all other
11     defendants, who are not individuals, the written report
12     must be from a physician licensed to practice medicine in
13     all its branches who is qualified by experience with the
14     standard of care, methods, procedures and treatments
15     relevant to the allegations at issue in the case. In either
16     event, the written report affidavit must identify the
17     profession of the reviewing health professional. A copy of
18     the written report, clearly identifying the plaintiff and
19     the reasons for the reviewing health professional's
20     determination that a reasonable and meritorious cause for
21     the filing of the action exists, including the reviewing
22     health care professional's name, address, current license
23     number, and state of licensure, must be attached to the
24     affidavit, but information which would identify the
25     reviewing health professional may be deleted from the copy
26     so attached. Information regarding the preparation of a
27     written report by the reviewing health professional shall
28     not be used to discriminate against that professional in
29     the issuance of medical liability insurance or in the
30     setting of that professional's medical liability insurance
31     premium. No professional organization may discriminate
32     against a reviewing health professional on the basis that
33     the reviewing health professional has prepared a written
34     report.
35         2. That the affiant was unable to obtain a consultation
36     required by paragraph 1 because a statute of limitations

 

 

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1     would impair the action and the consultation required could
2     not be obtained before the expiration of the statute of
3     limitations. If an affidavit is executed pursuant to this
4     paragraph, the affidavit certificate and written report
5     required by paragraph 1 shall be filed within 90 days after
6     the filing of the complaint. No additional 90-day
7     extensions pursuant to this paragraph shall be granted,
8     except where there has been a withdrawal of the plaintiff's
9     counsel. The defendant shall be excused from answering or
10     otherwise pleading until 30 days after being served with an
11     affidavit and a report a certificate required by paragraph
12     1.
13         3. That a request has been made by the plaintiff or his
14     attorney for examination and copying of records pursuant to
15     Part 20 of Article VIII of this Code and the party required
16     to comply under those Sections has failed to produce such
17     records within 60 days of the receipt of the request. If an
18     affidavit is executed pursuant to this paragraph, the
19     affidavit certificate and written report required by
20     paragraph 1 shall be filed within 90 days following receipt
21     of the requested records. All defendants except those whose
22     failure to comply with Part 20 of Article VIII of this Code
23     is the basis for an affidavit under this paragraph shall be
24     excused from answering or otherwise pleading until 30 days
25     after being served with the affidavit and report
26     certificate required by paragraph 1.
27     (b) Where an affidavit a certificate and written report are
28 required pursuant to this Section a separate affidavit
29 certificate and written report shall be filed as to each
30 defendant who has been named in the complaint and shall be
31 filed as to each defendant named at a later time.
32     (c) Where the plaintiff intends to rely on the doctrine of
33 "res ipsa loquitur", as defined by Section 2-1113 of this Code,
34 the affidavit certificate and written report must state that,
35 in the opinion of the reviewing health professional, negligence
36 has occurred in the course of medical treatment. The affiant

 

 

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1 shall certify upon filing of the complaint that he is relying
2 on the doctrine of "res ipsa loquitur".
3     (d) When the attorney intends to rely on the doctrine of
4 failure to inform of the consequences of the procedure, the
5 attorney shall certify upon the filing of the complaint that
6 the reviewing health professional has, after reviewing the
7 medical record and other relevant materials involved in the
8 particular action, concluded that a reasonable health
9 professional would have informed the patient of the
10 consequences of the procedure.
11     (e) Allegations and denials in the affidavit, made without
12 reasonable cause and found to be untrue, shall subject the
13 party pleading them or his attorney, or both, to the payment of
14 reasonable expenses, actually incurred by the other party by
15 reason of the untrue pleading, together with reasonable
16 attorneys' fees to be summarily taxed by the court upon motion
17 made within 30 days of the judgment or dismissal. In no event
18 shall the award for attorneys' fees and expenses exceed those
19 actually paid by the moving party, including the insurer, if
20 any. In proceedings under this paragraph (e), the moving party
21 shall have the right to depose and examine any and all
22 reviewing health professionals who prepared reports used in
23 conjunction with an affidavit required by this Section.
24     (f) A reviewing health professional who in good faith
25 prepares a report used in conjunction with an affidavit
26 required by this Section shall have civil immunity from
27 liability which otherwise might result from the preparation of
28 such report.
29     (g) The failure of the plaintiff to file an affidavit and
30 report in compliance with to file a certificate required by
31 this Section shall be grounds for dismissal under Section
32 2-619.
33      (h) This Section does not apply to or affect any actions
34 pending at the time of its effective date, but applies to cases
35 filed on or after its effective date.
36      (i) This amendatory Act of 1997 does not apply to or

 

 

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1 affect any actions pending at the time of its effective date,
2 but applies to cases filed on or after its effective date.
3     (j) The changes to this Section made by this amendatory Act
4 of the 94th General Assembly apply to causes of action accruing
5 on or after its effective date.
6 (Source: P.A. 86-646; 90-579, eff. 5-1-98.)
 
7     (735 ILCS 5/2-1704.5 new)
8     Sec. 2-1704.5. Guaranteed payment of future medical
9 expenses and costs of life care.
10     (a) At any time, but no later than 5 days after a verdict
11 in the plaintiff's favor for a plaintiff's future medical
12 expenses and costs of life care is reached, either party in a
13 medical malpractice action may elect, or the court may enter an
14 order, to have the payment of the plaintiff's future medical
15 expenses and costs of life care made under this Section.
16     (b) In all cases in which a defendant in a medical
17 malpractice action is found liable for the plaintiff's future
18 medical expenses and costs of care, the trier of fact shall
19 make the following findings based on evidence presented at
20 trial:
21         (1) the present cash value of the plaintiff's future
22     medical expenses and costs of life care;
23         (2) the current year annual cost of the plaintiff's
24     future medical expenses and costs of life care; and
25         (3) the annual composite rate of inflation that should
26     be applied to the costs specified in item (2).
27     Based upon evidence presented at trial, the trier of fact
28 may also vary the amount of future costs under this Section
29 from year to year to account for different annual expenditures,
30 including the immediate medical and life care needs of the
31 plaintiff. The jury shall not be informed of an election to pay
32 for future medical expenses and costs of life care by
33 purchasing an annuity.
34     (c) When an election is made to pay for future medical
35 expenses and costs of life care by purchasing an annuity, the

 

 

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1 court shall enter a judgment ordering that the defendant pay
2 the plaintiff an amount equal to 20% of the present cash value
3 of future medical expenses and cost of life care determined
4 under subsection (b)(1) of this Section and ordering that the
5 remaining future expenses and costs be paid by the purchase of
6 an annuity by or on behalf of the defendant from a company that
7 has itself, or is irrevocably supported financially by a
8 company that has, at least 2 of the following 4 ratings: "A+ X"
9 or higher from A.M. Best Company; "AA-" or higher from Standard &
10 Poor's; "Aa3" or higher from Moody's; and "AA-" or higher
11 from Fitch. The annuity must guarantee that the plaintiff will
12 receive annual payments equal to 80% of the amount determined
13 in subsection (b)(2) inflated by the rate determined in
14 subsection (b)(3) for the life of the plaintiff.
15     (d) If the company providing the annuity becomes unable to
16 pay amounts required by the annuity, the defendant shall secure
17 a replacement annuity for the remainder of the plaintiff's life
18 from a company that satisfies the requirements of subsection
19 (c).
20     (e) A plaintiff receiving future payments by means of an
21 annuity under this Section may seek leave of court to assign or
22 otherwise transfer the right to receive such payments in
23 exchange for a negotiated lump sum value of the remaining
24 future payments or any portion of the remaining future payments
25 under the annuity to address an unanticipated financial
26 hardship under such terms as approved by the court.
27     (f) This Section applies to all causes of action accruing
28 on or after the effective date of this amendatory Act of the
29 94th General Assembly.
 
30     (735 ILCS 5/2-1706.5 new)
31     Sec. 2-1706.5. Standards for economic and non-economic
32 damages.
33     (a) In any medical malpractice action or wrongful death
34 action based on medical malpractice in which economic and
35 non-economic damages may be awarded, the following standards

 

 

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1 shall apply:
2         (1) In a case of an award against a hospital and its
3     personnel or hospital affiliates, as defined in Section
4     10.8 of the Hospital Licensing Act, the total amount of
5     non-economic damages shall not exceed $1,000,000 awarded
6     to all plaintiffs in any civil action arising out of the
7     care.
8         (2) In a case of an award against a physician and the
9     physician's business or corporate entity and personnel or
10     health care professional, the total amount of non-economic
11     damages shall not exceed $500,000 awarded to all plaintiffs
12     in any civil action arising out of the care.
13         (3) In awarding damages in a medical malpractice case,
14     the finder of fact shall render verdicts with a specific
15     award of damages for economic loss, if any, and a specific
16     award of damages for non-economic loss, if any.
17     The trier of fact shall not be informed of the provisions
18 of items (1) and (2) of this subsection (a).
19     (b) In any medical malpractice action where an individual
20 plaintiff earns less than the annual average weekly wage, as
21 determined by the Illinois Workers' Compensation Commission,
22 at the time the action is filed, any award may include an
23 amount equal to the wage the individual plaintiff earns or the
24 annual average weekly wage.
25     (c) This Section applies to all causes of action accruing
26 on or after the effective date of this amendatory Act of the
27 94th General Assembly.
 
28     (735 ILCS 5/8-1901)  (from Ch. 110, par. 8-1901)
29     Sec. 8-1901. Admission of liability - Effect.
30     (a) The providing of, or payment for, medical, surgical,
31 hospital, or rehabilitation services, facilities, or equipment
32 by or on behalf of any person, or the offer to provide, or pay
33 for, any one or more of the foregoing, shall not be construed
34 as an admission of any liability by such person or persons.
35 Testimony, writings, records, reports or information with

 

 

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1 respect to the foregoing shall not be admissible in evidence as
2 an admission of any liability in any action of any kind in any
3 court or before any commission, administrative agency, or other
4 tribunal in this State, except at the instance of the person or
5 persons so making any such provision, payment or offer.
6     (b) Any expression of grief, apology, or explanation
7 provided by a health care provider, including, but not limited
8 to, a statement that the health care provider is "sorry" for
9 the outcome to a patient, the patient's family, or the
10 patient's legal representative about an inadequate or
11 unanticipated treatment or care outcome that is provided within
12 72 hours of when the provider knew or should have known of the
13 potential cause of such outcome shall not be admissible as
14 evidence in any action of any kind in any court or before any
15 tribunal, board, agency, or person. The disclosure of any such
16 information, whether proper, or improper, shall not waive or
17 have any effect upon its confidentiality or inadmissibility. As
18 used in this Section, a "health care provider" is any hospital,
19 nursing home or other facility, or employee or agent thereof, a
20 physician, or other licensed health care professional. Nothing
21 in this Section precludes the discovery or admissibility of any
22 other facts regarding the patient's treatment or outcome as
23 otherwise permitted by law.
24     (c) The changes to this Section made by this amendatory Act
25 of the 94th General Assembly apply to causes of action accruing
26 on or after its effective date.
27 (Source: P.A. 82-280.)
 
28     (735 ILCS 5/8-2501)  (from Ch. 110, par. 8-2501)
29     (Text of Section WITHOUT the changes made by P.A. 89-7,
30 which has been held unconstitutional)
31     Sec. 8-2501. Expert Witness Standards. In any case in which
32 the standard of care applicable to given by a medical
33 professional profession is at issue, the court shall apply the
34 following standards to determine if a witness qualifies as an
35 expert witness and can testify on the issue of the appropriate

 

 

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1 standard of care.
2     (a) Whether the witness is board certified or board
3 eligible, or has completed a residency, in the same or
4 substantially similar medical specialties as the defendant and
5 is otherwise qualified by significant experience with the
6 standard of care, methods, procedures, and treatments relevant
7 to the allegations against the defendant Relationship of the
8 medical specialties of the witness to the medical problem or
9 problems and the type of treatment administered in the case;
10     (b) Whether the witness has devoted a majority substantial
11 portion of his or her work time to the practice of medicine,
12 teaching or University based research in relation to the
13 medical care and type of treatment at issue which gave rise to
14 the medical problem of which the plaintiff complains;
15     (c) whether the witness is licensed in the same profession
16 with the same class of license as the defendant if the
17 defendant is an individual; and
18     (d) whether, in the case against a nonspecialist, the
19 witness can demonstrate a sufficient familiarity with the
20 standard of care practiced in this State.
21     An expert shall provide evidence of active practice,
22 teaching, or engaging in university-based research. If
23 retired, an expert must provide evidence of attendance and
24 completion of continuing education courses for 3 years previous
25 to giving testimony. An expert who has not actively practiced,
26 taught, or been engaged in university-based research, or any
27 combination thereof, during the preceding 5 years may not be
28 qualified as an expert witness.
29     The changes to this Section made by this amendatory Act of
30 the 94th General Assembly apply to causes of action accruing on
31 or after its effective date.
32 (Source: P.A. 84-7.)
 
33     Section 340. The Good Samaritan Act is amended by changing
34 Section 30 as follows:
 

 

 

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1     (745 ILCS 49/30)
2     Sec. 30. Free medical clinic; exemption from civil
3 liability for services performed without compensation.
4     (a) A person licensed under the Medical Practice Act of
5 1987, a person licensed to practice the treatment of human
6 ailments in any other state or territory of the United States,
7 or a health care professional, including but not limited to an
8 advanced practice nurse, retired physician, physician
9 assistant, nurse, pharmacist, physical therapist, podiatrist,
10 or social worker licensed in this State or any other state or
11 territory of the United States, who, in good faith, provides
12 medical treatment, diagnosis, or advice as a part of the
13 services of an established free medical clinic providing care,
14 including but not limited to home visits, without charge to
15 medically indigent patients which is limited to care that does
16 not require the services of a licensed hospital or ambulatory
17 surgical treatment center and who receives no fee or
18 compensation from that source shall not be liable for civil
19 damages as a result of his or her acts or omissions in
20 providing that medical treatment, except for willful or wanton
21 misconduct.
22     (b) For purposes of this Section, a "free medical clinic"
23 is an organized community based program providing medical care
24 without charge to individuals unable to pay for it, at which
25 the care provided does not include the use of general
26 anesthesia or require an overnight stay in a health-care
27 facility.
28     (c) The provisions of subsection (a) of this Section do not
29 apply to a particular case unless the free medical clinic has
30 posted in a conspicuous place on its premises an explanation of
31 the exemption from civil liability provided herein.
32     (d) The immunity from civil damages provided under
33 subsection (a) also applies to physicians, retired physicians,
34 hospitals, and other health care providers that provide further
35 medical treatment, diagnosis, or advice, including but not
36 limited to hospitalization, office visits, and home visits, to

 

 

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1 a patient upon referral from an established free medical clinic
2 without fee or compensation.
3     (d-5) A free medical clinic may receive reimbursement from
4 the Illinois Department of Public Aid, provided any
5 reimbursements shall be used only to pay overhead expenses of
6 operating the free medical clinic and may not be used, in whole
7 or in part, to provide a fee or other compensation to any
8 person licensed under the Medical Practice Act of 1987 or any
9 other health care professional who is receiving an exemption
10 under this Section. Any health care professional receiving an
11 exemption under this Section may not receive any fee or other
12 compensation in connection with any services provided to, or
13 any ownership interest in, the clinic. Medical care shall not
14 include an overnight stay in a health care facility.
15     (e) Nothing in this Section prohibits a free medical clinic
16 from accepting voluntary contributions for medical services
17 provided to a patient who has acknowledged his or her ability
18 and willingness to pay a portion of the value of the medical
19 services provided.
20     (f) Any voluntary contribution collected for providing
21 care at a free medical clinic shall be used only to pay
22 overhead expenses of operating the clinic. No portion of any
23 moneys collected shall be used to provide a fee or other
24 compensation to any person licensed under Medical Practice Act
25 of 1987.
26     (g) The changes to this Section made by this amendatory Act
27 of the 94th General Assembly apply to causes of action accruing
28 on or after its effective date.
29 (Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)
 
30
ARTICLE 4. SORRY WORKS! PILOT PROGRAM ACT

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

 

 

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1     Section 405. Sorry Works! pilot program. The Sorry Works!
2 pilot program is established. During the first year of the
3 program's operation, participation in the program shall be open
4 to one hospital. Hospitals may participate only with the
5 approval of the hospital administration and the hospital's
6 organized medical staff. During the second year of the
7 program's operation, participation in the program shall be open
8 to one additional hospital.
9     The first participating hospital selected by the committee
10 established under Section 410 shall be located in a county with
11 a population greater than 200,000 that is contiguous with the
12 Mississippi River.
13     Under the program, participating hospitals and physicians
14 shall promptly acknowledge and apologize for mistakes in
15 patient care and promptly offer fair settlements.
16 Participating hospitals shall encourage patients and families
17 to retain their own legal counsel to ensure that their rights
18 are protected and to help facilitate negotiations for fair
19 settlements. Participating hospitals shall report to the
20 committee their total costs for healing art malpractice
21 verdicts, settlements, and defense litigation for the
22 preceding 5 years to enable the committee to determine average
23 costs for that hospital during that period. The committee shall
24 develop standards and protocols to compare costs for cases
25 handled by traditional means and cases handled under the Sorry
26 Works! protocol.
27     If the committee determines that the total costs of cases
28 handled under the Sorry Works! protocol by a hospital
29 participating in the program exceed the total costs that would
30 have been incurred if the cases had been handled by traditional
31 means, the hospital may apply for a grant from the Sorry Works!
32 Fund, a special fund that is created in the State Treasury, for
33 an amount, as determined by the committee, by which the total
34 costs exceed the total costs that would have been incurred if
35 the cases had been handled by traditional means; however, the
36 total of all grants from the Fund for cases in any single

 

 

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1 participating hospital in any year may not exceed the amount in
2 the Fund or $2,000,000, whichever is less. All grants shall be
3 subject to appropriation. Moneys in the Fund shall consist of
4 funds transferred into the Fund or otherwise made available
5 from any source.
 
6     Section 410. Establishment of committee.
7     (a) A committee is established to develop, oversee, and
8 implement the Sorry Works! pilot program. The committee shall
9 have 9 members, each of whom shall be a voting member. Six
10 members of the committee shall constitute a quorum. The
11 committee shall be comprised as follows:
12         (1) The President of the Senate, the Minority Leader of
13     the Senate, the Speaker of the House of Representatives,
14     and the Minority Leader of the House of Representatives
15     shall each appoint 2 members.
16         (2) The Secretary of Financial and Professional
17     Regulation or his or her designee.
18     (b) The committee shall establish criteria for the program,
19 including but not limited to: selection of hospitals,
20 physicians, and insurers to participate in the program; and
21 creation of a subcommittee to review cases from hospitals and
22 determine whether hospitals, physicians, and insurers are
23 entitled to compensation under the program.
24     (c) The committee shall communicate with hospitals,
25 physicians, and insurers that are interested in participating
26 in the program. The committee shall make final decisions as to
27 which applicants are accepted for the program.
28     (d) The committee shall report to the Governor and the
29 General Assembly annually.
30     (e) The committee shall publish data regarding the program.
31     (f) Committee members shall receive no compensation for the
32 performance of their duties as members, but each member shall
33 be paid necessary expenses while engaged in the performance of
34 those duties.
 

 

 

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1     Section 415. Termination of program.
2     (a) The program may be terminated at any time if the
3 committee, by a vote of two-thirds of its members, votes to
4 terminate the program.
5     (b) If the program is not terminated under subsection (a),
6 the program shall terminate after its second year of operation.
 
7     Section 495. The State Finance Act is amended by adding
8 Section 5.640 as follows:
 
9     (30 ILCS 105/5.640 new)
10     Sec. 5.640. The Sorry Works! Fund.
 
11
ARTICLE 9. MISCELLANEOUS

 
12     Section 995. Inseverability. The provisions of this Act are
13 mutually dependent and inseverable. If any provision is held
14 invalid, then this entire Act, including all new and amendatory
15 provisions, is invalid.
 
16     Section 999. Effective date. This Act takes effect upon
17 becoming law.