Full Text of SB2354 93rd General Assembly
SB2354sam001 93RD GENERAL ASSEMBLY
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Sen. James F. Clayborne Jr.
Filed: 3/31/2004
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| AMENDMENT TO SENATE BILL 2354
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| AMENDMENT NO. ______. Amend Senate Bill 2354 by replacing | 3 |
| everything after the enacting clause with the following:
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| "ARTICLE 1. | 5 |
| Section 1-1. Legislative findings. The General Assembly | 6 |
| finds that: | 7 |
| 1. Illinois is in the midst of a medical malpractice | 8 |
| insurance crisis of unprecedented magnitude. | 9 |
| 2. Illinois is among the states with the highest | 10 |
| medical malpractice insurance premiums in the nation. | 11 |
| 3. Medical Malpractice insurance in Illinois is | 12 |
| unavailable or unaffordable for many hospitals and | 13 |
| physicians. | 14 |
| 4. The high and increasing cost of medical malpractice | 15 |
| insurance in Illinois is causing health care providers to | 16 |
| eliminate or reduce the provision of medical care | 17 |
| throughout the State. | 18 |
| 5. The crisis is discouraging medical students from | 19 |
| choosing Illinois as the place they will receive their | 20 |
| medical education and practice medicine. | 21 |
| 6. The increase in medical malpractice liability | 22 |
| insurance rates is forcing physicians to practice medicine | 23 |
| without professional liability insurance, to leave | 24 |
| Illinois, to not perform high-risk procedures, or to retire |
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| early from the practice of medicine. | 2 |
| 7. The high and increasing cost of medical malpractice | 3 |
| insurance is due in large part to the inefficiency and | 4 |
| unpredictability of adjudicating claims through the civil | 5 |
| justice system. | 6 |
| 8. Much of this inefficiency stems from the time and | 7 |
| resources needlessly spent on valuing uncertain and | 8 |
| unpredictable claims of medical negligence. | 9 |
| 9. The public would benefit by making medical liability | 10 |
| coverage for hospitals and physicians more affordable, | 11 |
| which would make health care more available. | 12 |
| ARTICLE 3. | 13 |
| Section 3-5. The Medical Practice Act of 1987 is amended by | 14 |
| changing Sections 7, 22, and 23 as follows:
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| (225 ILCS 60/7) (from Ch. 111, par. 4400-7)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 7. Medical Disciplinary Board.
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| (A) There is hereby created the Illinois
State Medical | 19 |
| Disciplinary Board (hereinafter referred to as
the | 20 |
| "Disciplinary Board"). The Disciplinary Board shall
consist of | 21 |
| 9 members, to be appointed by the Governor by and
with the | 22 |
| advice and consent of the Senate. All shall be
residents of the | 23 |
| State, not more than 5 of whom shall be
members of the same | 24 |
| political party. Five members shall be
physicians licensed to | 25 |
| practice medicine in all of its
branches in Illinois possessing | 26 |
| the degree of doctor of
medicine. Two shall be members of the | 27 |
| public, who shall not
be engaged in any way, directly or | 28 |
| indirectly, as providers
of health care. The 2 public members | 29 |
| shall act as
voting members. One member shall be a physician
| 30 |
| licensed to practice in Illinois possessing the degree of
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| doctor of osteopathy or osteopathic medicine. One member shall |
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| be a
physician licensed to practice in Illinois and possessing | 2 |
| the degree
of doctor of chiropractic.
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| (B) Members of the Disciplinary Board shall be appointed
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| for terms of 4 years. Upon the expiration of the term of
any | 5 |
| member, their successor shall be appointed for a term of
4 | 6 |
| years by the Governor by and with the advice and
consent of the | 7 |
| Senate. The Governor shall fill any vacancy
for the remainder | 8 |
| of the unexpired term by and with the
advice and consent of the | 9 |
| Senate. Upon recommendation of
the Board, any member of the | 10 |
| Disciplinary Board may be
removed by the Governor for | 11 |
| misfeasance, malfeasance, or
wilful neglect of duty, after | 12 |
| notice, and a public hearing,
unless such notice and hearing | 13 |
| shall be expressly waived in
writing. Each member shall serve | 14 |
| on the Disciplinary Board
until their successor is appointed | 15 |
| and qualified. No member
of the Disciplinary Board shall serve | 16 |
| more than 2
consecutive 4 year terms.
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| In making appointments the Governor shall attempt to
insure | 18 |
| that the various social and geographic regions of the
State of | 19 |
| Illinois are properly represented.
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| In making the designation of persons to act for the
several | 21 |
| professions represented on the Disciplinary Board,
the | 22 |
| Governor shall give due consideration to recommendations
by | 23 |
| members of the respective professions and by
organizations | 24 |
| therein.
| 25 |
| (C) The Disciplinary Board shall annually elect one of
its | 26 |
| voting members as chairperson and one as vice
chairperson. No | 27 |
| officer shall be elected more than twice
in succession to the | 28 |
| same office. Each officer shall serve
until their successor has | 29 |
| been elected and qualified.
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| (D) (Blank).
| 31 |
| (E) Four voting members of the Disciplinary Board
shall | 32 |
| constitute a quorum. A vacancy in the membership of
the | 33 |
| Disciplinary Board shall not impair the right of a
quorum to | 34 |
| exercise all the rights and perform all the duties
of the |
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| Disciplinary Board. Any action taken by the
Disciplinary Board | 2 |
| under this Act may be authorized by
resolution at any regular | 3 |
| or special meeting and each such
resolution shall take effect | 4 |
| immediately. The Disciplinary
Board shall meet at least | 5 |
| quarterly. The Disciplinary Board
is empowered to adopt all | 6 |
| rules and regulations necessary
and incident to the powers | 7 |
| granted to it under this Act.
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| (F) Each member, and member-officer, of the
Disciplinary | 9 |
| Board shall receive a per diem stipend as the
Director of the | 10 |
| Department, hereinafter referred to as the
Director, shall | 11 |
| determine. The Director shall also
determine the per diem | 12 |
| stipend that each ex-officio member
shall receive. Each member | 13 |
| shall be paid their necessary
expenses while engaged in the | 14 |
| performance of their duties.
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| (G) The Director shall select a Chief Medical
Coordinator | 16 |
| and up to 3
a Deputy Medical Coordinators
Coordinator who shall | 17 |
| not
be members of the Disciplinary Board. Each medical
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| coordinator shall be a physician licensed to practice
medicine | 19 |
| in all of its branches, and the Director shall set
their rates | 20 |
| of compensation. The Director shall assign at least
one
medical
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| coordinator to a region composed of Cook County and
such other | 22 |
| counties as the Director may deem appropriate,
and such medical | 23 |
| coordinators
coordinator shall locate their office in
Chicago. | 24 |
| The Director shall assign at least one
the remaining medical
| 25 |
| coordinator to regions to cover
a region composed of the | 26 |
| balance of counties
in the State, and such medical coordinators
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| coordinator shall locate
their office in Springfield. Each | 28 |
| medical coordinator shall
be the chief enforcement officer of | 29 |
| this Act in their
assigned region and shall serve at the will | 30 |
| of the
Disciplinary Board.
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| The Director shall employ, in conformity with the
Personnel | 32 |
| Code, not less than one full time investigator
for every 3000
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| 5000 physicians licensed in the State and such other fulltime | 34 |
| investigators as the Director deems necessary . Each
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| investigator shall be a college graduate with at least 2
years' | 2 |
| investigative experience or one year advanced medical
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| education. Upon the written request of the Disciplinary
Board, | 4 |
| the Director shall employ, in conformity with the
Personnel | 5 |
| Code, such other professional, technical,
investigative, and | 6 |
| clerical help, either on a full or
part-time basis as the | 7 |
| Disciplinary Board deems necessary
for the proper performance | 8 |
| of its duties.
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| (H) Upon the specific request of the Disciplinary
Board, | 10 |
| signed by either the chairman, vice chairman, or a
medical | 11 |
| coordinator of the Disciplinary Board, the
Department of Human | 12 |
| Services or the
Department of State Police shall make available | 13 |
| any and all
information that they have in their possession | 14 |
| regarding a
particular case then under investigation by the | 15 |
| Disciplinary
Board.
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| (I) Members of the Disciplinary Board shall be immune
from | 17 |
| suit in any action based upon any disciplinary
proceedings or | 18 |
| other acts performed in good faith as members
of the | 19 |
| Disciplinary Board.
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| (J) The Disciplinary Board may compile and establish a
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| statewide roster of physicians and other medical
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| professionals, including the several medical specialties, of
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| such physicians and medical professionals, who have agreed
to | 24 |
| serve from time to time as advisors to the medical
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| coordinators. Such advisors shall assist the medical
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| coordinators in their investigations and participation in
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| complaints against physicians. Such advisors shall serve
under | 28 |
| contract and shall be reimbursed at a reasonable rate for the | 29 |
| services
provided, plus reasonable expenses incurred.
While | 30 |
| serving in this capacity, the advisor, for any act
undertaken | 31 |
| in good faith and in the conduct of their duties
under this | 32 |
| Section, shall be immune from civil suit.
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| (Source: P.A. 93-138, eff. 7-10-03.)
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| (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 22. Disciplinary action.
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| (A) The Department may revoke, suspend, place on | 5 |
| probationary
status, or take any other disciplinary action as | 6 |
| the Department may deem proper
with regard to the license or | 7 |
| visiting professor permit of any person issued
under this Act | 8 |
| to practice medicine, or to treat human ailments without the | 9 |
| use
of drugs and without operative surgery upon any of the | 10 |
| 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;
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| (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.
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| (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.
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| (3) The conviction of a felony in this or any other
| 2 |
| jurisdiction, except as
otherwise provided in subsection B | 3 |
| of this Section, whether or not related to
practice under | 4 |
| this Act, or the entry of a guilty or nolo contendere plea | 5 |
| to a
felony charge.
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| (4) Gross negligence in practice under this Act.
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| (5) Engaging in dishonorable, unethical or | 8 |
| unprofessional
conduct of a
character likely to deceive, | 9 |
| defraud or harm the public.
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| (6) Obtaining any fee by fraud, deceit, or
| 11 |
| misrepresentation.
| 12 |
| (7) Habitual or excessive use or abuse of drugs defined | 13 |
| in law
as
controlled substances, of alcohol, or of any | 14 |
| other substances which results in
the inability to practice | 15 |
| with reasonable judgment, skill or safety.
| 16 |
| (8) Practicing under a false or, except as provided by | 17 |
| law, an
assumed
name.
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| (9) Fraud or misrepresentation in applying for, or | 19 |
| procuring, a
license
under this Act or in connection with | 20 |
| applying for renewal of a license under
this Act.
| 21 |
| (10) Making a false or misleading statement regarding | 22 |
| their
skill or the
efficacy or value of the medicine, | 23 |
| treatment, or remedy prescribed by them at
their direction | 24 |
| in the treatment of any disease or other condition of the | 25 |
| body
or mind.
| 26 |
| (11) Allowing another person or organization to use | 27 |
| their
license, procured
under this Act, to practice.
| 28 |
| (12) Disciplinary action of another state or | 29 |
| jurisdiction
against a license
or other authorization to | 30 |
| practice as a medical doctor, doctor of osteopathy,
doctor | 31 |
| of osteopathic medicine or
doctor of chiropractic, a | 32 |
| certified copy of the record of the action taken by
the | 33 |
| other state or jurisdiction being prima facie evidence | 34 |
| thereof.
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| (13) Violation of any provision of this Act or of the | 2 |
| Medical
Practice Act
prior to the repeal of that Act, or | 3 |
| violation of the rules, or a final
administrative action of | 4 |
| the Director, after consideration of the
recommendation of | 5 |
| the Disciplinary Board.
| 6 |
| (14) Dividing with anyone other than physicians with | 7 |
| whom the
licensee
practices in a partnership, Professional | 8 |
| Association, limited liability
company, or Medical or | 9 |
| Professional
Corporation any fee, commission, rebate or | 10 |
| other form of compensation for any
professional services | 11 |
| not actually and personally rendered. Nothing contained
in | 12 |
| this subsection prohibits persons holding valid and | 13 |
| current licenses under
this Act from practicing medicine in | 14 |
| partnership under a partnership
agreement, including a | 15 |
| limited liability partnership, in a limited liability
| 16 |
| company under the Limited Liability Company Act, in a | 17 |
| corporation authorized by
the Medical Corporation Act, as | 18 |
| an
association authorized by the Professional Association | 19 |
| Act, or in a
corporation under the
Professional Corporation | 20 |
| Act or from pooling, sharing, dividing or
apportioning the | 21 |
| fees and monies received by them or by the partnership,
| 22 |
| corporation or association in accordance with the | 23 |
| partnership agreement or the
policies of the Board of | 24 |
| Directors of the corporation or association. Nothing
| 25 |
| contained in this subsection prohibits 2 or more | 26 |
| corporations authorized by the
Medical Corporation Act, | 27 |
| from forming a partnership or joint venture of such
| 28 |
| corporations, and providing medical, surgical and | 29 |
| scientific research and
knowledge by employees of these | 30 |
| corporations if such employees are licensed
under this Act, | 31 |
| or from pooling, sharing, dividing, or apportioning the | 32 |
| fees
and monies received by the partnership or joint | 33 |
| venture in accordance with the
partnership or joint venture | 34 |
| agreement. Nothing contained in this subsection
shall |
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| abrogate the right of 2 or more persons, holding valid and | 2 |
| current
licenses under this Act, to each receive adequate | 3 |
| compensation for concurrently
rendering professional | 4 |
| services to a patient and divide a fee; provided, the
| 5 |
| patient has full knowledge of the division, and, provided, | 6 |
| that the division is
made in proportion to the services | 7 |
| performed and responsibility assumed by
each.
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| (15) A finding by the Medical Disciplinary Board that | 9 |
| the
registrant after
having his or her license placed on | 10 |
| probationary status or subjected to
conditions or | 11 |
| restrictions violated the terms of the probation or failed | 12 |
| to
comply with such terms or conditions.
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| (16) Abandonment of a patient.
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| (17) Prescribing, selling, administering, | 15 |
| distributing, giving
or
self-administering any drug | 16 |
| classified as a controlled substance (designated
product) | 17 |
| or narcotic for other than medically accepted therapeutic
| 18 |
| purposes.
| 19 |
| (18) Promotion of the sale of drugs, devices, | 20 |
| appliances or
goods provided
for a patient in such manner | 21 |
| as to exploit the patient for financial gain of
the | 22 |
| physician.
| 23 |
| (19) Offering, undertaking or agreeing to cure or treat
| 24 |
| disease by a secret
method, procedure, treatment or | 25 |
| medicine, or the treating, operating or
prescribing for any | 26 |
| human condition by a method, means or procedure which the
| 27 |
| licensee refuses to divulge upon demand of the Department.
| 28 |
| (20) Immoral conduct in the commission of any act | 29 |
| including,
but not limited to, commission of an act of | 30 |
| sexual misconduct related to the
licensee's
practice.
| 31 |
| (21) Wilfully making or filing false records or reports | 32 |
| in his
or her
practice as a physician, including, but not | 33 |
| limited to, false records to
support claims against the | 34 |
| medical assistance program of the Department of
Public Aid |
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| under the Illinois Public Aid Code.
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| (22) Wilful omission to file or record, or wilfully | 3 |
| impeding
the filing or
recording, or inducing another | 4 |
| person to omit to file or record, medical
reports as | 5 |
| required by law, or wilfully failing to report an instance | 6 |
| of
suspected abuse or neglect as required by law.
| 7 |
| (23) Being named as a perpetrator in an indicated | 8 |
| report by
the Department
of Children and Family Services | 9 |
| under the Abused and Neglected Child Reporting
Act, and | 10 |
| upon proof by clear and convincing evidence that the | 11 |
| licensee has
caused a child to be an abused child or | 12 |
| neglected child as defined in the
Abused and Neglected | 13 |
| Child Reporting Act.
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| (24) Solicitation of professional patronage by any
| 15 |
| corporation, agents or
persons, or profiting from those | 16 |
| representing themselves to be agents of the
licensee.
| 17 |
| (25) Gross and wilful and continued overcharging for
| 18 |
| professional services,
including filing false statements | 19 |
| for collection of fees for which services are
not rendered, | 20 |
| including, but not limited to, filing such false statements | 21 |
| for
collection of monies for services not rendered from the | 22 |
| medical assistance
program of the Department of Public Aid | 23 |
| under the Illinois Public Aid
Code.
| 24 |
| (26) A pattern of practice or other behavior which
| 25 |
| demonstrates incapacity
or incompetence to practice under | 26 |
| this Act.
| 27 |
| (27) Mental illness or disability which results in the
| 28 |
| inability to
practice under this Act with reasonable | 29 |
| judgment, skill or safety.
| 30 |
| (28) Physical illness, including, but not limited to,
| 31 |
| deterioration through
the aging process, or loss of motor | 32 |
| skill which results in a physician's
inability to practice | 33 |
| under this Act with reasonable judgment, skill or
safety.
| 34 |
| (29) Cheating on or attempt to subvert the licensing
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| examinations
administered under this Act.
| 2 |
| (30) Wilfully or negligently violating the | 3 |
| confidentiality
between
physician and patient except as | 4 |
| required by law.
| 5 |
| (31) The use of any false, fraudulent, or deceptive | 6 |
| statement
in any
document connected with practice under | 7 |
| this Act.
| 8 |
| (32) Aiding and abetting an individual not licensed | 9 |
| under this
Act in the
practice of a profession licensed | 10 |
| under this Act.
| 11 |
| (33) Violating state or federal laws or regulations | 12 |
| relating
to controlled
substances.
| 13 |
| (34) Failure to report to the Department any adverse | 14 |
| final
action taken
against them by another licensing | 15 |
| jurisdiction (any other state or any
territory of the | 16 |
| United States or any foreign state or country), by any peer
| 17 |
| review body, by any health care institution, by any | 18 |
| professional society or
association related to practice | 19 |
| under this Act, by any governmental agency, by
any law | 20 |
| enforcement agency, or by any court for acts or conduct | 21 |
| similar to acts
or conduct which would constitute grounds | 22 |
| for action as defined in this
Section.
| 23 |
| (35) Failure to report to the Department surrender of a
| 24 |
| license or
authorization to practice as a medical doctor, a | 25 |
| doctor of osteopathy, a
doctor of osteopathic medicine, or | 26 |
| doctor
of chiropractic in another state or jurisdiction, or | 27 |
| surrender of membership on
any medical staff or in any | 28 |
| medical or professional association or society,
while | 29 |
| under disciplinary investigation by any of those | 30 |
| authorities or bodies,
for acts or conduct similar to acts | 31 |
| or conduct which would constitute grounds
for action as | 32 |
| defined in this Section.
| 33 |
| (36) Failure to report to the Department any adverse | 34 |
| judgment,
settlement,
or award arising from a liability |
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| claim related to acts or conduct similar to
acts or conduct | 2 |
| which would constitute grounds for action as defined in | 3 |
| this
Section.
| 4 |
| (37) Failure to transfer copies of medical records as | 5 |
| required
by law.
| 6 |
| (38) Failure to furnish the Department, its | 7 |
| investigators or
representatives, relevant information, | 8 |
| legally requested by the Department
after consultation | 9 |
| with the Chief Medical Coordinator or the Deputy Medical
| 10 |
| Coordinator.
| 11 |
| (39) Violating the Health Care Worker Self-Referral
| 12 |
| Act.
| 13 |
| (40) Willful failure to provide notice when notice is | 14 |
| required
under the
Parental Notice of Abortion Act of 1995.
| 15 |
| (41) Failure to establish and maintain records of | 16 |
| patient care and
treatment as required by this law.
| 17 |
| (42) Entering into an excessive number of written | 18 |
| collaborative
agreements with licensed advanced practice | 19 |
| nurses resulting in an inability to
adequately collaborate | 20 |
| and provide medical direction.
| 21 |
| (43) Repeated failure to adequately collaborate with | 22 |
| or provide medical
direction to a licensed advanced | 23 |
| practice nurse.
| 24 |
| All proceedings to suspend,
revoke, place on probationary | 25 |
| status, or take any
other disciplinary action as the Department | 26 |
| may deem proper, with regard to a
license on any of the | 27 |
| foregoing grounds, must be commenced within 3 years next
after | 28 |
| receipt by the Department of a complaint alleging the | 29 |
| commission of or
notice of the conviction order for any of the | 30 |
| acts described herein. Except
for the grounds numbered (8), (9) | 31 |
| and (29), no action shall be commenced more
than 5 years after | 32 |
| the date of the incident or act alleged to have violated
this | 33 |
| Section , however incidents or acts up to 10 years after the | 34 |
| date of the incident or act alleged may be combined to allege a |
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| pattern of practice under item (26) of subsection (A) of this | 2 |
| Section . In the event of the settlement of any claim or cause | 3 |
| of action
in favor of the claimant or the reduction to final | 4 |
| judgment of any civil action
in favor of the plaintiff, such | 5 |
| claim, cause of action or civil action being
grounded on the | 6 |
| allegation that a person licensed under this Act was negligent
| 7 |
| in providing care, the Department shall have an additional | 8 |
| period of 2 years
one year
from the date of notification to the | 9 |
| Department under Section 23 of this Act
of such settlement or | 10 |
| final judgment in which to investigate and
commence formal | 11 |
| disciplinary proceedings under Section 36 of this Act, except
| 12 |
| as otherwise provided by law. The Department shall expunge the | 13 |
| records of any investigation concluded by dismissal or closure | 14 |
| and any discipline solely for administrative matters 3 years | 15 |
| after final disposition or after the statute of limitations has | 16 |
| expired, whichever is greater. The time during which the holder | 17 |
| of the license
was outside the State of Illinois shall not be | 18 |
| included within any period of
time limiting the commencement of | 19 |
| disciplinary action by the Department.
| 20 |
| The entry of an order or judgment by any circuit court | 21 |
| establishing that any
person holding a license under this Act | 22 |
| is a person in need of mental treatment
operates as a | 23 |
| suspension of that license. That person may resume their
| 24 |
| practice only upon the entry of a Departmental order based upon | 25 |
| a finding by
the Medical Disciplinary Board that they have been | 26 |
| determined to be recovered
from mental illness by the court and | 27 |
| upon the Disciplinary Board's
recommendation that they be | 28 |
| permitted to resume their practice.
| 29 |
| The Department may refuse to issue or take disciplinary | 30 |
| action concerning the license of any person
who fails to file a | 31 |
| return, or to pay the tax, penalty or interest shown in a
filed | 32 |
| return, or to pay any final assessment of tax, penalty or | 33 |
| interest, as
required by any tax Act administered by the | 34 |
| Illinois Department of Revenue,
until such time as the |
|
|
|
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| 1 |
| requirements of any such tax Act are satisfied as
determined by | 2 |
| the Illinois Department of Revenue.
| 3 |
| The Department, upon the recommendation of the | 4 |
| Disciplinary Board, shall
adopt rules which set forth standards | 5 |
| to be used in determining:
| 6 |
| (a) when a person will be deemed sufficiently | 7 |
| rehabilitated to warrant the
public trust;
| 8 |
| (b) what constitutes dishonorable, unethical or | 9 |
| unprofessional conduct of
a character likely to deceive, | 10 |
| defraud, or harm the public;
| 11 |
| (c) what constitutes immoral conduct in the commission | 12 |
| of any act,
including, but not limited to, commission of an | 13 |
| act of sexual misconduct
related
to the licensee's | 14 |
| practice; and
| 15 |
| (d) what constitutes gross negligence in the practice | 16 |
| of medicine.
| 17 |
| However, no such rule shall be admissible into evidence in | 18 |
| any civil action
except for review of a licensing or other | 19 |
| disciplinary action under this Act.
| 20 |
| In enforcing this Section, the Medical Disciplinary Board,
| 21 |
| upon a showing of a possible violation, may compel any | 22 |
| individual licensed to
practice under this Act, or who has | 23 |
| applied for licensure or a permit
pursuant to this Act, to | 24 |
| submit to a mental or physical examination, or both,
as | 25 |
| required by and at the expense of the Department. The examining | 26 |
| physician
or physicians shall be those specifically designated | 27 |
| by the Disciplinary Board.
The Medical Disciplinary Board or | 28 |
| the Department may order the examining
physician to present | 29 |
| testimony concerning this mental or physical examination
of the | 30 |
| licensee or applicant. No information shall be excluded by | 31 |
| reason of
any common
law or statutory privilege relating to | 32 |
| communication between the licensee or
applicant and
the | 33 |
| examining physician.
The individual to be examined may have, at | 34 |
| his or her own expense, another
physician of his or her choice |
|
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| present during all aspects of the examination.
Failure of any | 2 |
| individual to submit to mental or physical examination, when
| 3 |
| directed, shall be grounds for suspension of his or her license | 4 |
| until such time
as the individual submits to the examination if | 5 |
| the Disciplinary Board finds,
after notice and hearing, that | 6 |
| the refusal to submit to the examination was
without reasonable | 7 |
| cause. If the Disciplinary Board finds a physician unable
to | 8 |
| practice because of the reasons set forth in this Section, the | 9 |
| Disciplinary
Board shall require such physician to submit to | 10 |
| care, counseling, or treatment
by physicians approved or | 11 |
| designated by the Disciplinary Board, as a condition
for | 12 |
| continued, reinstated, or renewed licensure to practice. Any | 13 |
| physician,
whose license was granted pursuant to Sections 9, | 14 |
| 17, or 19 of this Act, or,
continued, reinstated, renewed, | 15 |
| disciplined or supervised, subject to such
terms, conditions or | 16 |
| restrictions who shall fail to comply with such terms,
| 17 |
| conditions or restrictions, or to complete a required program | 18 |
| of care,
counseling, or treatment, as determined by the Chief | 19 |
| Medical Coordinator or
Deputy Medical Coordinators, shall be | 20 |
| referred to the Director for a
determination as to whether the | 21 |
| licensee shall have their license suspended
immediately, | 22 |
| pending a hearing by the Disciplinary Board. In instances in
| 23 |
| which the Director immediately suspends a license under this | 24 |
| Section, a hearing
upon such person's license must be convened | 25 |
| by the Disciplinary Board within 15
days after such suspension | 26 |
| and completed without appreciable delay. The
Disciplinary | 27 |
| Board shall have the authority to review the subject | 28 |
| physician's
record of treatment and counseling regarding the | 29 |
| impairment, to the extent
permitted by applicable federal | 30 |
| statutes and regulations safeguarding the
confidentiality of | 31 |
| medical records.
| 32 |
| An individual licensed under this Act, affected under this | 33 |
| Section, shall be
afforded an opportunity to demonstrate to the | 34 |
| Disciplinary Board that they can
resume practice in compliance |
|
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| with acceptable and prevailing standards under
the provisions | 2 |
| of their license.
| 3 |
| The Department may promulgate rules for the imposition of | 4 |
| fines in
disciplinary cases, not to exceed $5,000 for each | 5 |
| violation of this Act. Fines
may be imposed in conjunction with | 6 |
| other forms of disciplinary action, but
shall not be the | 7 |
| exclusive disposition of any disciplinary action arising out
of | 8 |
| conduct resulting in death or injury to a patient. Any funds | 9 |
| collected from
such fines shall be deposited in the Medical | 10 |
| Disciplinary Fund.
| 11 |
| (B) The Department shall revoke the license or visiting
| 12 |
| permit of any person issued under this Act to practice medicine | 13 |
| or to treat
human ailments without the use of drugs and without | 14 |
| operative surgery, who
has been convicted a second time of | 15 |
| committing any felony under the
Illinois Controlled Substances | 16 |
| Act, or who has been convicted a second time of
committing a | 17 |
| Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois | 18 |
| Public
Aid Code. A person whose license or visiting permit is | 19 |
| revoked
under
this subsection B of Section 22 of this Act shall | 20 |
| be prohibited from practicing
medicine or treating human | 21 |
| ailments without the use of drugs and without
operative | 22 |
| surgery.
| 23 |
| (C) The Medical Disciplinary Board shall recommend to the
| 24 |
| Department civil
penalties and any other appropriate | 25 |
| discipline in disciplinary cases when the
Board finds that a | 26 |
| physician willfully performed an abortion with actual
| 27 |
| knowledge that the person upon whom the abortion has been | 28 |
| performed is a minor
or an incompetent person without notice as | 29 |
| required under the Parental Notice
of Abortion Act of 1995. | 30 |
| Upon the Board's recommendation, the Department shall
impose, | 31 |
| for the first violation, a civil penalty of $1,000 and for a | 32 |
| second or
subsequent violation, a civil penalty of $5,000.
| 33 |
| (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96; 89-626, | 34 |
| eff.
8-9-96; 89-702, eff. 7-1-97; 90-742, eff. 8-13-98.)
|
|
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| 1 |
| (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
| 2 |
| (Section scheduled to be repealed on January 1, 2007)
| 3 |
| Sec. 23. Reports relating to professional conduct
and | 4 |
| capacity.
| 5 |
| (A) Entities required to report.
| 6 |
| (1) Health care institutions. The chief administrator
| 7 |
| or executive officer of any health care institution | 8 |
| licensed
by the Illinois Department of Public Health shall | 9 |
| report to
the Disciplinary Board when any person's clinical | 10 |
| privileges
are terminated or are restricted based on a | 11 |
| final
determination, in accordance with that institution's | 12 |
| by-laws
or rules and regulations, that a person has either | 13 |
| committed
an act or acts which may directly threaten | 14 |
| patient care, and not of an
administrative nature, or that | 15 |
| a person may be mentally or
physically disabled in such a | 16 |
| manner as to endanger patients
under that person's care. | 17 |
| Such officer also shall report if
a person accepts | 18 |
| voluntary termination or restriction of
clinical | 19 |
| privileges in lieu of formal action based upon conduct | 20 |
| related
directly to patient care and
not of an | 21 |
| administrative nature, or in lieu of formal action
seeking | 22 |
| to determine whether a person may be mentally or
physically | 23 |
| disabled in such a manner as to endanger patients
under | 24 |
| that person's care. The Medical Disciplinary Board
shall, | 25 |
| by rule, provide for the reporting to it of all
instances | 26 |
| in which a person, licensed under this Act, who is
impaired | 27 |
| by reason of age, drug or alcohol abuse or physical
or | 28 |
| mental impairment, is under supervision and, where
| 29 |
| appropriate, is in a program of rehabilitation. Such
| 30 |
| reports shall be strictly confidential and may be reviewed
| 31 |
| and considered only by the members of the Disciplinary
| 32 |
| Board, or by authorized staff as provided by rules of the
| 33 |
| Disciplinary Board. Provisions shall be made for the
|
|
|
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| periodic report of the status of any such person not less
| 2 |
| than twice annually in order that the Disciplinary Board
| 3 |
| shall have current information upon which to determine the
| 4 |
| status of any such person. Such initial and periodic
| 5 |
| reports of impaired physicians shall not be considered
| 6 |
| records within the meaning of The State Records Act and
| 7 |
| shall be disposed of, following a determination by the
| 8 |
| Disciplinary Board that such reports are no longer | 9 |
| required,
in a manner and at such time as the Disciplinary | 10 |
| Board shall
determine by rule. The filing of such reports | 11 |
| shall be
construed as the filing of a report for purposes | 12 |
| of
subsection (C) of this Section.
| 13 |
| (2) Professional associations. The President or chief
| 14 |
| executive officer of any association or society, of persons
| 15 |
| licensed under this Act, operating within this State shall
| 16 |
| report to the Disciplinary Board when the association or
| 17 |
| society renders a final determination that a person has
| 18 |
| committed unprofessional conduct related directly to | 19 |
| patient
care or that a person may be mentally or physically | 20 |
| disabled
in such a manner as to endanger patients under | 21 |
| that person's
care.
| 22 |
| (3) Professional liability insurers. Every insurance
| 23 |
| company which offers policies of professional liability
| 24 |
| insurance to persons licensed under this Act, or any other
| 25 |
| entity which seeks to indemnify the professional liability
| 26 |
| of a person licensed under this Act, shall report to the
| 27 |
| Disciplinary Board the settlement of any claim or cause of
| 28 |
| action, or final judgment rendered in any cause of action,
| 29 |
| which alleged negligence in the furnishing of medical care
| 30 |
| by such licensed person when such settlement or final
| 31 |
| judgment is in favor of the plaintiff.
| 32 |
| (4) State's Attorneys. The State's Attorney of each
| 33 |
| county shall report to the Disciplinary Board all instances
| 34 |
| in which a person licensed under this Act is convicted or
|
|
|
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| otherwise found guilty of the commission of any felony. The | 2 |
| State's Attorney
of each county may report to the | 3 |
| Disciplinary Board through a verified
complaint any | 4 |
| instance in which the State's Attorney believes that a | 5 |
| physician
has willfully violated the notice requirements | 6 |
| of the Parental Notice of
Abortion Act of 1995.
| 7 |
| (5) State agencies. All agencies, boards,
commissions, | 8 |
| departments, or other instrumentalities of the
government | 9 |
| of the State of Illinois shall report to the
Disciplinary | 10 |
| Board any instance arising in connection with
the | 11 |
| operations of such agency, including the administration
of | 12 |
| any law by such agency, in which a person licensed under
| 13 |
| this Act has either committed an act or acts which may be a
| 14 |
| violation of this Act or which may constitute | 15 |
| unprofessional
conduct related directly to patient care or | 16 |
| which indicates
that a person licensed under this Act may | 17 |
| be mentally or
physically disabled in such a manner as to | 18 |
| endanger patients
under that person's care.
| 19 |
| (B) Mandatory reporting. All reports required by items | 20 |
| (34), (35), and
(36) of subsection (A) of Section 22 and by | 21 |
| Section 23 shall be submitted to the Disciplinary Board in a | 22 |
| timely
fashion. The reports shall be filed in writing within 60
| 23 |
| days after a determination that a report is required under
this | 24 |
| Act. All reports shall contain the following
information:
| 25 |
| (1) The name, address and telephone number of the
| 26 |
| person making the report.
| 27 |
| (2) The name, address and telephone number of the
| 28 |
| person who is the subject of the report.
| 29 |
| (3) The name or other means of identification of any
| 30 |
| patient or patients whose treatment is a subject of the
| 31 |
| report , provided, however, no medical records may be
| 32 |
| revealed without the written consent of the patient or
| 33 |
| patients .
| 34 |
| (4) A brief description of the facts which gave rise
to |
|
|
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| the issuance of the report, including the dates of any
| 2 |
| occurrences deemed to necessitate the filing of the report.
| 3 |
| (5) If court action is involved, the identity of the
| 4 |
| court in which the action is filed, along with the docket
| 5 |
| number and date of filing of the action.
| 6 |
| (6) Any further pertinent information which the
| 7 |
| reporting party deems to be an aid in the evaluation of the
| 8 |
| report.
| 9 |
| The Department shall have the right to inform patients of | 10 |
| the right to
provide written consent for the Department to | 11 |
| obtain copies of hospital and
medical records.
The Disciplinary | 12 |
| Board or Department may exercise the power under Section
38 of | 13 |
| this Act to subpoena copies of hospital or medical records in | 14 |
| mandatory
report cases alleging death or permanent bodily | 15 |
| injury when consent to obtain
records is not provided by a | 16 |
| patient or legal representative . Appropriate
rules shall be | 17 |
| adopted by the Department with the approval of the Disciplinary
| 18 |
| Board.
| 19 |
| When the Department has received written reports | 20 |
| concerning incidents
required to be reported in items (34), | 21 |
| (35), and (36) of subsection (A) of
Section 22, the licensee's | 22 |
| failure to report the incident to the Department
under those | 23 |
| items shall not be the sole grounds for disciplinary action.
| 24 |
| Nothing contained in this Section shall act to in any
way, | 25 |
| waive or modify the confidentiality of medical reports
and | 26 |
| committee reports to the extent provided by law. Any
| 27 |
| information reported or disclosed shall be kept for the
| 28 |
| confidential use of the Disciplinary Board, the Medical
| 29 |
| Coordinators, the Disciplinary Board's attorneys, the
medical | 30 |
| investigative staff, and authorized clerical staff,
as | 31 |
| provided in this Act, and shall be afforded the same
status as | 32 |
| is provided information concerning medical studies
in Part 21 | 33 |
| of Article VIII of the Code of Civil Procedure.
| 34 |
| (C) Immunity from prosecution. Any individual or
|
|
|
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| organization acting in good faith, and not in a wilful and
| 2 |
| wanton manner, in complying with this Act by providing any
| 3 |
| report or other information to the Disciplinary Board, or
| 4 |
| assisting in the investigation or preparation of such
| 5 |
| information, or by participating in proceedings of the
| 6 |
| Disciplinary Board, or by serving as a member of the
| 7 |
| Disciplinary Board, shall not, as a result of such actions,
be | 8 |
| subject to criminal prosecution or civil damages.
| 9 |
| (D) Indemnification. Members of the Disciplinary
Board, | 10 |
| the Medical Coordinators, the Disciplinary Board's
attorneys, | 11 |
| the medical investigative staff, physicians
retained under | 12 |
| contract to assist and advise the medical
coordinators in the | 13 |
| investigation, and authorized clerical
staff shall be | 14 |
| indemnified by the State for any actions
occurring within the | 15 |
| scope of services on the Disciplinary
Board, done in good faith | 16 |
| and not wilful and wanton in
nature. The Attorney General shall | 17 |
| defend all such actions
unless he or she determines either that | 18 |
| there would be a
conflict of interest in such representation or | 19 |
| that the
actions complained of were not in good faith or were | 20 |
| wilful
and wanton.
| 21 |
| Should the Attorney General decline representation, the
| 22 |
| member shall have the right to employ counsel of his or her
| 23 |
| choice, whose fees shall be provided by the State, after
| 24 |
| approval by the Attorney General, unless there is a
| 25 |
| determination by a court that the member's actions were not
in | 26 |
| good faith or were wilful and wanton.
| 27 |
| The member must notify the Attorney General within 7
days | 28 |
| of receipt of notice of the initiation of any action
involving | 29 |
| services of the Disciplinary Board. Failure to so
notify the | 30 |
| Attorney General shall constitute an absolute
waiver of the | 31 |
| right to a defense and indemnification.
| 32 |
| The Attorney General shall determine within 7 days
after | 33 |
| receiving such notice, whether he or she will
undertake to | 34 |
| represent the member.
|
|
|
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| (E) Deliberations of Disciplinary Board. Upon the
receipt | 2 |
| of any report called for by this Act, other than
those reports | 3 |
| of impaired persons licensed under this Act
required pursuant | 4 |
| to the rules of the Disciplinary Board,
the Disciplinary Board | 5 |
| shall notify in writing, by certified
mail, the person who is | 6 |
| the subject of the report. Such
notification shall be made | 7 |
| within 30 days of receipt by the
Disciplinary Board of the | 8 |
| report.
| 9 |
| The notification shall include a written notice setting
| 10 |
| forth the person's right to examine the report. Included in
| 11 |
| such notification shall be the address at which the file is
| 12 |
| maintained, the name of the custodian of the reports, and
the | 13 |
| telephone number at which the custodian may be reached.
The | 14 |
| person who is the subject of the report shall submit a written | 15 |
| statement responding,
clarifying, adding to, or proposing the | 16 |
| amending of the
report previously filed and provide a copy of | 17 |
| the applicable medical records . The statement shall become a
| 18 |
| permanent part of the file and must be received by the
| 19 |
| Disciplinary Board no more than 60 days after the date on
which | 20 |
| the person was notified by the Disciplinary Board of the | 21 |
| existence of
the
original report.
| 22 |
| The Disciplinary Board shall review all reports
received by | 23 |
| it, together with any supporting information and
responding | 24 |
| statements submitted by persons who are the
subject of reports. | 25 |
| The review by the Disciplinary Board
shall be in a timely | 26 |
| manner but in no event, shall the
Disciplinary Board's initial | 27 |
| review of the material
contained in each disciplinary file be | 28 |
| less than 61 days nor
more than 180 days after the receipt of | 29 |
| the initial report
by the Disciplinary Board.
| 30 |
| When the Disciplinary Board makes its initial review of
the | 31 |
| materials contained within its disciplinary files, the
| 32 |
| Disciplinary Board shall, in writing, make a determination
as | 33 |
| to whether there are sufficient facts to warrant further
| 34 |
| investigation or action. Failure to make such determination
|
|
|
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| within the time provided shall be deemed to be a
determination | 2 |
| that there are not sufficient facts to warrant
further | 3 |
| investigation or action.
| 4 |
| Should the Disciplinary Board find that there are not
| 5 |
| sufficient facts to warrant further investigation, or
action, | 6 |
| the report shall be accepted for filing and the
matter shall be | 7 |
| deemed closed and so reported to the Director. The Director
| 8 |
| shall then have 30 days to accept the Medical Disciplinary | 9 |
| Board's decision or
request further investigation. The | 10 |
| Director shall inform the Board in writing
of the decision to | 11 |
| request further investigation, including the specific
reasons | 12 |
| for the decision. The
individual or entity filing the original | 13 |
| report or complaint
and the person who is the subject of the | 14 |
| report or complaint
shall be notified in writing by the | 15 |
| Director of
any final action on their report or complaint.
| 16 |
| (F) Summary reports. The Disciplinary Board shall
prepare, | 17 |
| on a timely basis, but in no event less than one
every other | 18 |
| month, a summary report of final actions taken
upon | 19 |
| disciplinary files maintained by the Disciplinary Board.
The | 20 |
| summary reports shall be sent by the Disciplinary Board
to | 21 |
| every health care facility licensed by the Illinois
Department | 22 |
| of Public Health, every professional association
and society of | 23 |
| persons licensed under this Act functioning
on a statewide | 24 |
| basis in this State, the American Medical
Association, the | 25 |
| American Osteopathic Association, the
American Chiropractic | 26 |
| Association, all insurers providing
professional liability | 27 |
| insurance to persons licensed under
this Act in the State of | 28 |
| Illinois, the Federation of State
Medical Licensing Boards, and | 29 |
| the Illinois Pharmacists
Association.
| 30 |
| (G) Any violation of this Section shall be a Class A
| 31 |
| misdemeanor.
| 32 |
| (H) If any such person violates the provisions of this
| 33 |
| Section an action may be brought in the name of the People
of | 34 |
| the State of Illinois, through the Attorney General of
the |
|
|
|
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| State of Illinois, for an order enjoining such violation
or for | 2 |
| an order enforcing compliance with this Section.
Upon filing of | 3 |
| a verified petition in such court, the court
may issue a | 4 |
| temporary restraining order without notice or
bond and may | 5 |
| preliminarily or permanently enjoin such
violation, and if it | 6 |
| is established that such person has
violated or is violating | 7 |
| the injunction, the court may
punish the offender for contempt | 8 |
| of court. Proceedings
under this paragraph shall be in addition | 9 |
| to, and not in
lieu of, all other remedies and penalties | 10 |
| provided for by
this Section.
| 11 |
| (Source: P.A. 89-18, eff. 6-1-95; 89-702, eff. 7-1-97; 90-699, | 12 |
| eff.
1-1-99.)
| 13 |
| ARTICLE 5. | 14 |
| Section 5-5. The Health Care Arbitration Act is amended by | 15 |
| changing Sections 8 and 9 as follows:
| 16 |
| (710 ILCS 15/8) (from Ch. 10, par. 208)
| 17 |
| Sec. 8. Conditions. Every health care arbitration | 18 |
| agreement shall be
subject to the following conditions:
| 19 |
| (a) The agreement is not a condition to the rendering of | 20 |
| health care services
by any party and the agreement has been | 21 |
| executed by the recipient of health
care services at the | 22 |
| inception of or during the term of provision of services
for a | 23 |
| specific cause by either a health care provider or a hospital; | 24 |
| and
| 25 |
| (b) The agreement is a separate instrument complete in | 26 |
| itself and not
a part of any other contract or instrument; and
| 27 |
| (c) The agreement may not limit, impair, or waive any | 28 |
| substantive rights
or defenses of any party, including the | 29 |
| statute of limitations; and
| 30 |
| (d) The agreement shall not limit, impair, or waive the |
|
|
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09300SB2354sam001 |
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| 1 |
| procedural rights
to be heard, to present material evidence, to | 2 |
| cross-examine witnesses, and
to be represented by an attorney, | 3 |
| or other procedural rights of due process
of any party.
| 4 |
| (e) As a part of the discharge planning process the patient | 5 |
| or, if appropriate,
members of his family must be given a copy | 6 |
| of the health care arbitration
agreement previously executed by | 7 |
| or for the patient and shall re-affirm
it. Failure to comply | 8 |
| with this provision during the discharge planning
process shall | 9 |
| void the health care arbitration agreement.
| 10 |
| (Source: P.A. 80-1012.)
| 11 |
| (710 ILCS 15/9) (from Ch. 10, par. 209)
| 12 |
| Sec. 9. Mandatory Provisions.
| 13 |
| (a) Every health care arbitration agreement
shall be | 14 |
| clearly captioned "Health Care Arbitration Agreement".
| 15 |
| (b) Every health care arbitration agreement in relation to | 16 |
| health care
services rendered during hospitalization shall | 17 |
| specify the date of commencement
of hospitalization. Every | 18 |
| health care arbitration agreement in relation
to health care | 19 |
| services not rendered during hospitalization shall state
the | 20 |
| specific cause for which the services are provided.
| 21 |
| (c) Every health care arbitration agreement may be | 22 |
| cancelled by any
signatory (1) within 60 days of its execution | 23 |
| or within 60 days of the date of
the patient's discharge from | 24 |
| the hospital, or last date of treatment, whichever is later, as | 25 |
| to an
agreement
in relation to health care services rendered | 26 |
| during hospitalization, provided,
that if executed other than | 27 |
| at the time of discharge of the patient from
the hospital, the | 28 |
| health care arbitration agreement be reaffirmed at the
time of | 29 |
| the discharge planning process in the same manner as provided | 30 |
| for
in the execution of the original agreement; or (2) within | 31 |
| 60 days of the
date of its execution, or the last date of | 32 |
| treatment by the health care
provider, whichever is later, as | 33 |
| to an agreement in relation to health care
services not |
|
|
|
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| rendered during hospitalization. Provided, that no health
care | 2 |
| arbitration agreement shall be valid after 10
2 years from
the | 3 |
| date of
its execution. An employee of a hospital or health care | 4 |
| provider who is
not a signatory to an agreement may cancel such | 5 |
| agreement as to himself
until 30 days following his | 6 |
| notification that he is a party to a dispute
or issue on which | 7 |
| arbitration has been demanded pursuant to such agreement.
If | 8 |
| any person executing a health care arbitration agreement dies | 9 |
| before
the period of cancellation as outlined above, the | 10 |
| personal representative
of the decedent shall have the right to | 11 |
| cancel the health care arbitration
agreement within 60 days of | 12 |
| the date of his appointment as the legal
representative
of the | 13 |
| decedent's estate. Provided, that if no legal representative is
| 14 |
| appointed within 6 months of the death of said decedent the | 15 |
| next of kin
of such decedent shall have the right to cancel the | 16 |
| health care arbitration
agreement within 8 months from the date | 17 |
| of death.
| 18 |
| (d) Every health care arbitration agreement shall
contain | 19 |
| immediately above the signature lines, in upper case type in | 20 |
| printed
letters of at least 3/16 inch height, a caption and | 21 |
| paragraphs as follows:
| 22 |
| "AGREEMENT TO ARBITRATE HEALTH CARE
| 23 |
| NEGLIGENCE CLAIMS
| 24 |
| NOTICE TO PATIENT
| 25 |
| YOU CANNOT BE REQUIRED TO SIGN THIS AGREEMENT IN ORDER TO | 26 |
| RECEIVE TREATMENT.
BY SIGNING THIS AGREEMENT, YOUR RIGHT TO | 27 |
| TRIAL BY A JURY OR A JUDGE IN
A COURT WILL BE BARRED AS TO | 28 |
| ANY DISPUTE RELATING TO INJURIES THAT MAY RESULT
FROM | 29 |
| NEGLIGENCE DURING YOUR TREATMENT OR CARE, AND WILL BE | 30 |
| REPLACED BY AN
ARBITRATION PROCEDURE.
| 31 |
| THIS AGREEMENT MAY BE CANCELLED WITHIN 60 DAYS OF SIGNING | 32 |
| OR 60 DAYS AFTER
YOUR HOSPITAL DISCHARGE OR 60 DAYS AFTER | 33 |
| YOUR LAST HEALTH CARE SERVICE
MEDICAL TREATMENT IN
RELATION | 34 |
| TO HEALTH CARE SERVICES NOT RENDERED DURING |
|
|
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| 1 |
| HOSPITALIZATION.
| 2 |
| THIS AGREEMENT PROVIDES THAT ANY CLAIMS WHICH MAY ARISE OUT | 3 |
| OF YOUR HEALTH
CARE WILL BE SUBMITTED TO A PANEL OF | 4 |
| ARBITRATORS, RATHER THAN TO A COURT
FOR DETERMINATION. THIS | 5 |
| AGREEMENT REQUIRES ALL PARTIES SIGNING IT TO ABIDE
BY THE | 6 |
| DECISION OF THE ARBITRATION PANEL."
| 7 |
| (e) an executed copy of the AGREEMENT TO ARBITRATE HEALTH | 8 |
| CARE CLAIMS
and any reaffirmation of that agreement as required | 9 |
| by this Act shall be
given to the patient during the time of | 10 |
| the discharge planning process or
at the time of discharge | 11 |
| after last date of treatment .
| 12 |
| (Source: P.A. 91-156, eff. 1-1-00.)
| 13 |
| Section 5-10. The Code of Civil Procedure is amended by | 14 |
| changing Sections 2-622, 2-1107.1, 2-1109, 2-1702, 2-1704, | 15 |
| 8-1901, and 8-2501, and by adding Sections 2-1105.01 and 8-2502 | 16 |
| as follows:
| 17 |
| (735 ILCS 5/2-622) (from Ch. 110, par. 2-622)
| 18 |
| (Text of Section WITHOUT the changes made by P.A. 89-7, | 19 |
| which has been held
unconstitutional)
| 20 |
| Sec. 2-622. Healing art malpractice.
| 21 |
| (a) In any action, whether in
tort, contract or otherwise, | 22 |
| in which the plaintiff seeks damages for
injuries or death by | 23 |
| reason of medical, hospital, or other healing art
malpractice, | 24 |
| the plaintiff's attorney or the plaintiff, if the plaintiff is
| 25 |
| proceeding pro se, shall file an affidavit, attached to the | 26 |
| original and
all copies of the complaint, declaring one of the | 27 |
| following:
| 28 |
| 1. That the affiant has consulted and reviewed the | 29 |
| facts of the case
with a health professional who the | 30 |
| affiant reasonably believes: (i) is
knowledgeable in the | 31 |
| relevant issues involved in the particular action;
(ii) | 32 |
| practices or has practiced within the last 6 years or |
|
|
|
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| teaches or
has taught within the last 6 years in the same | 2 |
| area of health care or
medicine that is at issue in the | 3 |
| particular action; and (iii) meets the minimum | 4 |
| requirements set forth in 8-2501; and (iv) is qualified
by | 5 |
| experience or demonstrated competence in the subject of the | 6 |
| case; that
the reviewing health professional has | 7 |
| determined in a
written report, after a review of the | 8 |
| medical record and other relevant
material involved in the | 9 |
| particular action that there is a reasonable and
| 10 |
| meritorious cause for the filing of such action; and that | 11 |
| the affiant has
concluded on the basis of the reviewing | 12 |
| health professional's review and
consultation that there | 13 |
| is a reasonable and meritorious cause for filing of
such | 14 |
| action. If the affidavit is filed as to a defendant who is | 15 |
| a physician
licensed to treat human ailments without the | 16 |
| use of drugs or medicines and
without operative surgery, a | 17 |
| dentist, a podiatrist, a psychologist, or a
naprapath, the | 18 |
| written report must be from a health professional
licensed | 19 |
| in the same profession, with the same class of license, as | 20 |
| the
defendant. For affidavits filed as to all other | 21 |
| defendants, the written
report must be from a physician | 22 |
| licensed to practice medicine in all its
branches. In | 23 |
| either event, the affidavit must identify the profession of
| 24 |
| the reviewing health professional. A copy of the written | 25 |
| report, clearly
identifying the plaintiff and the reasons | 26 |
| for the reviewing health
professional's determination that | 27 |
| a reasonable and meritorious cause for
the filing of the | 28 |
| action exists, must be attached to the affidavit , but
| 29 |
| information which would identify the reviewing health | 30 |
| professional may be
deleted from the copy so attached . The | 31 |
| report shall include the name and address of the reviewing | 32 |
| health professional and documentation of compliance with | 33 |
| requirements set forth in 8-2501.
| 34 |
| 2. That the affiant was unable to obtain a consultation |
|
|
|
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| required by
paragraph 1 because a statute of limitations | 2 |
| would impair the action and
the consultation required could | 3 |
| not be obtained before the expiration of
the statute of | 4 |
| limitations. If an affidavit is executed pursuant to this
| 5 |
| paragraph, the certificate and written report required by | 6 |
| paragraph 1 shall
be filed within 90 days after the filing | 7 |
| of the complaint. No additional 90 day extensions shall be | 8 |
| granted. The defendant
shall be excused from answering or | 9 |
| otherwise pleading until 30 days after
being served with a | 10 |
| certificate required by paragraph 1.
| 11 |
| 3. That a request has been made by the plaintiff or his | 12 |
| attorney for
examination and copying of records pursuant to | 13 |
| Part 20 of Article VIII of
this Code and the party required | 14 |
| to comply under those Sections has failed
to produce such | 15 |
| records within 60 days of the receipt of the request. If an
| 16 |
| affidavit is executed pursuant to this paragraph, the | 17 |
| certificate and
written report required by paragraph 1 | 18 |
| shall be filed within 90 days
following receipt of the | 19 |
| requested records. All defendants except those
whose | 20 |
| failure to comply with Part 20 of Article VIII of this Code | 21 |
| is the
basis for an affidavit under this paragraph shall be | 22 |
| excused from answering
or otherwise pleading until 30 days | 23 |
| after being served with the certificate
required by | 24 |
| paragraph 1.
| 25 |
| (b) Where a certificate and written report are required | 26 |
| pursuant to this
Section a separate certificate and written | 27 |
| report shall be filed as to each
defendant who has been named | 28 |
| in the complaint and shall be filed as to each
defendant named | 29 |
| at a later time.
| 30 |
| (c) Where the plaintiff intends to rely on the doctrine of | 31 |
| "res ipsa
loquitur", as defined by Section 2-1113 of this Code, | 32 |
| the certificate and
written report must state that, in the | 33 |
| opinion of the reviewing health
professional, negligence has | 34 |
| occurred in the course of medical treatment.
The affiant shall |
|
|
|
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| certify upon filing of the complaint that he is relying
on the | 2 |
| 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 to file a certificate required by this | 30 |
| Section shall be
grounds for dismissal under Section 2-619.
| 31 |
| (h) This Section does not apply to or affect any actions | 32 |
| pending
at the time of its effective date, but applies to cases | 33 |
| filed on or
after its effective date.
| 34 |
| (i) This amendatory Act of 1997 does not apply to or affect |
|
|
|
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| 1 |
| any actions
pending at the time of its effective date, but | 2 |
| applies to cases filed on or
after its effective date.
| 3 |
| (j) This amendatory Act of 93rd General Assembly does not | 4 |
| apply to or affect any actions pending at the time of its | 5 |
| effective date, but applies to cases filed on or after its | 6 |
| effective date.
| 7 |
| (Source: P.A. 86-646; 90-579, eff. 5-1-98.)
| 8 |
| (735 ILCS 5/2-1105.01 new)
| 9 |
| Sec. 2-1105.01. Personal assets protected in healing art | 10 |
| malpractice cases. In all cases, whether tort, contract, or | 11 |
| otherwise, in which the plaintiff seeks damages by reason of | 12 |
| medical healing art malpractice, the amount of the recovery | 13 |
| shall be limited to an amount that is covered by the | 14 |
| physician's medical malpractice insurance or liability | 15 |
| insurance provided the physician maintains at least a minimum | 16 |
| of $1,000,000 in insurance coverage per occurrence and | 17 |
| $3,000,000 in the aggregate. Corporate assets are subject to | 18 |
| attachment for satisfaction of a judgment. In no event, shall a | 19 |
| physician be liable in an amount that would cause him or her to | 20 |
| forfeit any of his or her personal assets.
| 21 |
| (735 ILCS 5/2-1107.1) (from Ch. 110, par. 2-1107.1)
| 22 |
| (Text of Section WITHOUT the changes made by P.A. 89-7, | 23 |
| which has been held
unconstitutional)
| 24 |
| Sec. 2-1107.1. Jury instruction in tort actions. In all | 25 |
| actions
on account of bodily injury or death or physical damage | 26 |
| to
property based on
negligence, or product liability based on | 27 |
| strict tort liability, the court
shall instruct the jury in | 28 |
| writing , to the extent that it is true, that any award of | 29 |
| compensatory damages will not be taxable under federal or State | 30 |
| income tax law and that the defendant shall be found not liable
| 31 |
| if the jury finds that the contributory fault of the plaintiff | 32 |
| is more
than 50% of the proximate cause of the injury or damage |
|
|
|
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| 1 |
| for which recovery is
sought.
| 2 |
| This amendatory Act of the 93rd General Assembly applies to | 3 |
| causes of action filed on or after its effective date.
| 4 |
| (Source: P.A. 84-1431.)
| 5 |
| (735 ILCS 5/2-1109) (from Ch. 110, par. 2-1109)
| 6 |
| (Text of Section WITHOUT the changes made by P.A. 89-7, | 7 |
| which has been held
unconstitutional)
| 8 |
| Sec. 2-1109. Itemized verdicts. | 9 |
| (a) In every case where damages for bodily injury or death
| 10 |
| to
the person are assessed by the jury the verdict shall be | 11 |
| itemized so as to
reflect the monetary
distribution , if any,
| 12 |
| among economic loss and non-economic loss , if any, and, in | 13 |
| healing art
medical
malpractice cases,
further itemized so as | 14 |
| to reflect the distribution of economic loss by
category, such | 15 |
| itemization of economic loss by category to include: (a)
| 16 |
| amounts intended to compensate for reasonable expenses which | 17 |
| have been
incurred, or which will be incurred, for necessary | 18 |
| medical, surgical,
x-ray, dental, or other health or | 19 |
| rehabilitative services, drugs, and
therapy; (b) amounts | 20 |
| intended to compensate for lost wages or loss of
earning | 21 |
| capacity; and (c) all other economic losses claimed by the | 22 |
| plaintiff
or granted by the jury. Each category of economic | 23 |
| loss shall be further
itemized into amounts intended to | 24 |
| compensate for losses which have been
incurred prior to the | 25 |
| verdict and amounts intended to compensate for
future losses | 26 |
| which will be incurred in the future .
| 27 |
| (b) In all actions on account of bodily injury or death | 28 |
| based on negligence, including healing art malpractice | 29 |
| actions, the following terms have the following meanings:
| 30 |
| (i) "Economic loss" or "economic damages" means all | 31 |
| damages that are tangible, such as damages for past and | 32 |
| future medical expenses, loss of income or earnings and | 33 |
| other property loss.
|
|
|
|
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| (ii) "Non-economic loss" or "non-economic damages" | 2 |
| means damages that are intangible, including but not | 3 |
| limited to damages for pain and suffering, disability, | 4 |
| disfigurement, loss of consortium, and loss of society.
| 5 |
| (iii) "Compensatory damages" or "actual damages" are | 6 |
| the sum of economic and non-economic damages.
| 7 |
| (c) Nothing in this Section shall be construed to create a | 8 |
| cause of action.
| 9 |
| (d) This amendatory Act of the 93rd General Assembly | 10 |
| applies to causes of action filed on or after its effective | 11 |
| date.
| 12 |
| (Source: P.A. 84-7.)
| 13 |
| (735 ILCS 5/2-1702) (from Ch. 110, par. 2-1702)
| 14 |
| (Text of Section WITHOUT the changes made by P.A. 89-7, | 15 |
| which has been held
unconstitutional)
| 16 |
| Sec. 2-1702. Economic/Non-Economic Loss. As used in this | 17 |
| Part , "economic loss" and "non-economic loss" have the same | 18 |
| meanings as in Section 2-1109(b). :
| 19 |
| (a) "Economic loss" means all pecuniary harm for which | 20 |
| damages
are recoverable.
| 21 |
| (b) "Non-economic loss" means loss of consortium and all | 22 |
| nonpecuniary
harm for which damages are recoverable, | 23 |
| including, without limitation,
damages for pain and suffering, | 24 |
| inconvenience, disfigurement, and
physical impairment.
| 25 |
| (Source: P.A. 84-7.)
| 26 |
| (735 ILCS 5/2-1704) (from Ch. 110, par. 2-1704)
| 27 |
| Sec. 2-1704. Healing art malpractice
Medical Malpractice | 28 |
| Action . As used in this Code
Part ,
" healing art
medical
| 29 |
| malpractice action" means any action, whether in tort, contract | 30 |
| or
otherwise, in which the plaintiff seeks damages for injuries | 31 |
| or death by
reason of medical, hospital, or other healing art | 32 |
| malpractice including but not limited to medical, nursing, |
|
|
|
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| dental, or podiatric malpractice .
The term "healing art" shall | 2 |
| not include care and
treatment by spiritual means through | 3 |
| prayer in accord with the tenets and
practices of a recognized | 4 |
| church or religious denomination.
| 5 |
| (Source: P.A. 84-7.)
| 6 |
| (735 ILCS 5/8-1901) (from Ch. 110, par. 8-1901)
| 7 |
| Sec. 8-1901. Admission of liability - Effect. | 8 |
| (a) The providing of, or payment
for, medical, surgical,
| 9 |
| hospital, or rehabilitation services, facilities, or equipment | 10 |
| by or on
behalf of any person, or the offer to provide, or pay | 11 |
| for, any one or
more of the foregoing, shall not be construed | 12 |
| as an admission of any
liability by such person or persons. | 13 |
| Testimony, writings, records,
reports or information with | 14 |
| respect to the foregoing shall not be
admissible in evidence as | 15 |
| an admission of any liability in any action of
any kind in any | 16 |
| court or before any commission, administrative agency,
or other | 17 |
| tribunal in this State, except at the instance of the person or
| 18 |
| persons so making any such provision, payment or offer.
| 19 |
| (b) Any expression of grief, apology, remedial action, or | 20 |
| explanation provided by a health care provider, including, but | 21 |
| not limited to, a statement that the health care provider is | 22 |
| "sorry" for the outcome to a patient, the patient's family, or | 23 |
| the patient's legal representative about an inadequate or | 24 |
| unanticipated treatment or care outcome that is provided within | 25 |
| 72 hours of when the provider knew or should have known of the | 26 |
| potential cause of such outcome shall not be admissible as | 27 |
| evidence, nor discoverable in any action of any kind in any | 28 |
| court or before any tribunal, board, agency, or person. The | 29 |
| disclosure of any such information, whether proper, or | 30 |
| improper, shall not waive or have any effect upon its | 31 |
| confidentiality, nondiscoverability, or inadmissibility. As | 32 |
| used in this Section, a "health care provider" is any hospital, | 33 |
| nursing home or other facility, or employee or agent thereof, a |
|
|
|
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| physician, or other licensed health care professional. Nothing | 2 |
| in this Section precludes the discovery or admissibility of any | 3 |
| other facts regarding the patient's treatment or outcome as | 4 |
| otherwise permitted by law.
| 5 |
| (Source: P.A. 82-280.)
| 6 |
| (735 ILCS 5/8-2501) (from Ch. 110, par. 8-2501)
| 7 |
| (Text of Section WITHOUT the changes made by P.A. 89-7, | 8 |
| which has been held
unconstitutional)
| 9 |
| Sec. 8-2501. Expert Witness Standards. In any case in which | 10 |
| the standard of
care applicable to
given by a medical | 11 |
| professional
profession is at issue, the court shall apply the
| 12 |
| following standards to determine if a witness qualifies as an | 13 |
| expert witness
and can testify on the issue of the appropriate | 14 |
| standard of care.
| 15 |
| (a) Whether the witness is board certified or board | 16 |
| eligible in the same medical specialties as the defendant and | 17 |
| is familiar with the same
Relationship of the medical | 18 |
| specialties of the witness to the medical
problem or problems , | 19 |
| or
and the type of treatment administered in the case;
| 20 |
| (b) Whether the witness has devoted 75%
a substantial | 21 |
| portion of his or her
working hours
time to the practice of | 22 |
| medicine, teaching or University based research
in relation to | 23 |
| the medical care and type of treatment at issue which gave
rise | 24 |
| to the medical problem of which the plaintiff complains;
| 25 |
| (c) whether the witness is licensed
by a state or the | 26 |
| District of Columbia in the same profession as the defendant; | 27 |
| and
| 28 |
| (d) whether, in the case against a nonspecialist, the | 29 |
| witness can
demonstrate a sufficient familiarity with the | 30 |
| standard of care practiced in
this State.
| 31 |
| An expert shall provide proof of active practice, teaching, | 32 |
| or engaging in university-based research. If retired, an expert | 33 |
| must provide proof of attendance and completion of continuing |
|
|
|
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| education courses for 3 years previous to giving testimony. An | 2 |
| expert who has not actively practiced, taught, or been engaged | 3 |
| in university-based research for 10 years may not be qualified | 4 |
| as an expert witness.
| 5 |
| This amendatory Act of the 93rd General Assembly applies to | 6 |
| causes of action filed on or after its effective date.
| 7 |
| (Source: P.A. 84-7.)
| 8 |
| (735 ILCS 5/8-2502 new)
| 9 |
| Sec. 8-2502. Settlement annuity evidence. Any party in a | 10 |
| medical malpractice action may introduce structured settlement | 11 |
| annuity evidence to pay for any future damages that may be | 12 |
| awarded to the plaintiff provided that the following conditions | 13 |
| are satisfied: | 14 |
|
(a) the witness providing the evidence has specialized | 15 |
| in purchasing structured settlement annuities for at least | 16 |
| 5 years and has the ability to obtain price quotes from at | 17 |
| least 3 companies offering structured settlement | 18 |
| annuities; and
| 19 |
| (b) the structured settlement annuity price quotes are | 20 |
| from companies that have at least a "A+" rating from A.M. | 21 |
| Best and "AA" rating from another rating agency.
| 22 |
| Any defendant who introduces structured annuity testimony, | 23 |
| must cooperate with the plaintiff in purchasing a structured | 24 |
| settlement annuity to cover any awarded future damages.
| 25 |
| ARTICLE 10. | 26 |
| Section 10-5. The Illinois Insurance Code is amended by | 27 |
| changing Section 155.19 and by adding Section 155.18a as | 28 |
| follows: | 29 |
| (215 ILCS 5/155.18a new) | 30 |
| Sec. 155.18a. Professional Liability Insurance Resource |
|
|
|
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| 1 |
| Center. | 2 |
| (a) The Director of Insurance shall establish a | 3 |
| Professional Liability Insurance Resource Center on the World | 4 |
| Wide Web containing the following information: | 5 |
| (1) Names, address, and telephone numbers of all | 6 |
| licensed companies providing professional liability | 7 |
| insurance for health care professionals and health care | 8 |
| providers including but not limited to hospitals, nursing | 9 |
| homes, physicians, and dentists. Computer links to company | 10 |
| websites shall be included, if available. | 11 |
| (2) Names, addresses and telephone numbers of all | 12 |
| licensed brokers who provide access to professional | 13 |
| liability insurance for health care professionals and | 14 |
| health care providers including but not limited to | 15 |
| hospitals, nursing homes, physicians, and dentists. | 16 |
| Computer links to company websites shall be included, if | 17 |
| available. | 18 |
| (b) The Department of Insurance shall conduct and publish | 19 |
| an annual study of the impact of this amendatory Act of the | 20 |
| 93rd General Assembly by county on the following: | 21 |
| (1) The number of medical malpractice claims filed and | 22 |
| amounts recovered per claim. | 23 |
| (2) The amounts of economic and non-economic damages | 24 |
| awarded per case. | 25 |
| (3) The amount of plaintiff and defense attorney fees | 26 |
| paid per case. | 27 |
| (4) The impact of the provisions of this amendatory Act | 28 |
| of the 93rd General Assembly on the cost and availability | 29 |
| of healing art malpractice coverage for hospitals and | 30 |
| physicians. | 31 |
| (5) Every 2 years the Director of Insurance shall make | 32 |
| recommendations to the Governor, the Speaker of the House, | 33 |
| and the President of the Senate on changes in the law | 34 |
| necessary to maintain affordable and accessible |
|
|
|
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| professional liability insurance.
| 2 |
| (215 ILCS 5/155.19) (from Ch. 73, par. 767.19)
| 3 |
| Sec. 155.19. Report of medical liability claims.
| 4 |
| (a) All claims filed after December 31, 1976 with any | 5 |
| insurer
and all suits filed after December 31, 1976 in any | 6 |
| court in this State,
alleging liability on the part of any | 7 |
| physician, hospital or other health
care provider for medically | 8 |
| related injuries, shall be reported to the Director
of | 9 |
| Insurance in such form and under such terms and conditions as | 10 |
| may be
prescribed by the Director. The Director shall maintain | 11 |
| complete and accurate
records of all such claims and suits | 12 |
| including their nature, amount, disposition
and other | 13 |
| information as he may deem useful or desirable in observing and
| 14 |
| reporting on health care provider liability trends in this | 15 |
| State. The Director
shall release to appropriate disciplinary | 16 |
| and licensing agencies any such
data or information which may | 17 |
| assist such agencies in
improving the quality of health care or | 18 |
| which may be useful to such agencies
for the purpose of | 19 |
| professional discipline.
| 20 |
| (b) All judgments and settlements filed with the clerks of | 21 |
| the circuit court shall be reported to the Director at least | 22 |
| monthly in such form and under such terms and conditions as may | 23 |
| be prescribed by the Department by Rule. At minimum, the | 24 |
| information reported to the Director under this Section shall | 25 |
| include:
| 26 |
| (1) the defendant or defendants;
| 27 |
| (2) the plaintiff or plaintiffs;
| 28 |
| (3) the defense attorney's name and address and | 29 |
| associated law firm;
| 30 |
| (4) the plaintiff attorney's name and address and | 31 |
| associated law firm;
| 32 |
| (5) the docket number;
| 33 |
| (6) the verdict or judgment award including:
|
|
|
|
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|
| 1 |
| (i) economic damages, future medical expenses, | 2 |
| lost wages, and other economic expenses; and
| 3 |
| (ii) non-economic damages award;
| 4 |
| (7) remittitur amounts; | 5 |
| (8) defense attorney's fees; and
| 6 |
| (9) plaintiff's attorney's fees, including any request | 7 |
| for additional fees over the amount allowed in Section | 8 |
| 2-1114 of the Code of Civil Procedure.
| 9 |
| The identity of any plaintiff, defendant, attorneys, or | 10 |
| insurance company shall not be disclosed by the Department.
| 11 |
| (c) With due regard for appropriate maintenance of the | 12 |
| confidentiality thereof,
the Director may release from time to | 13 |
| time to the Governor, the General
Assembly and the general | 14 |
| public statistical reports based on such data and information.
| 15 |
| (d) The Director may promulgate such rules and regulations | 16 |
| as may be necessary
to carry out the provisions of this | 17 |
| Section.
| 18 |
| (Source: P.A. 79-1434.)
| 19 |
| Section 10-10. The Illinois Court Statistics Act is changed | 20 |
| by adding Section 5 as follows: | 21 |
| (705 ILCS 125/5 new)
| 22 |
| Sec. 5. Medical liability reporting. The Clerks of all | 23 |
| courts shall report at least monthly all healing art or medical | 24 |
| malpractice judgements and settlements filed with the court to | 25 |
| the Director of the Department of Insurance on forms or in a | 26 |
| format the Department prescribes by rule. The minimum | 27 |
| information to be reported shall include the following: | 28 |
| (1) the defendant or defendants;
| 29 |
| (2) the plaintiff or plaintiffs;
| 30 |
| (3) the defense attorney's name and address and | 31 |
| associated law firm;
| 32 |
| (4) the plaintiff attorney's name and address and |
|
|
|
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|
| 1 |
| associated law firm;
| 2 |
| (5) the docket number;
| 3 |
| (6) the verdict or judgment award including:
| 4 |
| (i) economic damages, future medical expenses, | 5 |
| lost wages, and other economic expenses; and
| 6 |
| (ii) non-economic damages award;
| 7 |
| (7) remittitur amounts;
| 8 |
| (8) defense attorney's fees; and
| 9 |
| (9) plaintiff's attorney's fees, including any request | 10 |
| for additional fees over the amount allowed in Section | 11 |
| 2-1114 of the Code of Civil Procedure.
| 12 |
| ARTICLE 90. | 13 |
| Section 90-90. Severability. If any provision of this Act | 14 |
| or its application to any person or circumstance is held | 15 |
| invalid, the invalidity of that provision or application does | 16 |
| not affect other provisions or applications of this Act that | 17 |
| can be given effect without the invalid provision or | 18 |
| application. | 19 |
| ARTICLE 99. | 20 |
| Section 99-99. Effective date. This Act takes effect upon | 21 |
| becoming law.".
|
|