Full Text of HB6409 96th General Assembly
HB6409ham001 96TH GENERAL ASSEMBLY
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Rep. Mary E. Flowers
Filed: 3/11/2010
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| AMENDMENT TO HOUSE BILL 6409
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| AMENDMENT NO. ______. Amend House Bill 6409 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Findings; purpose; text and revisory changes; | 5 |
| validation; additional material. | 6 |
| (a) The Illinois Supreme Court, in Lebron v. Gottlieb | 7 |
| Memorial Hospital , found that the limitations on noneconomic | 8 |
| damages in medical malpractice actions that were created in | 9 |
| Public Act 94-677, contained in Section 2-1706.5 of the Code of | 10 |
| Civil Procedure, violate the separation of powers clause of the | 11 |
| Illinois Constitution. Because Public Act 94-677 contained an | 12 |
| inseverability provision, the Court held the Act to be void in | 13 |
| its entirety. The Court emphasized, however, that "because the | 14 |
| other provisions contained in Public Act 94-677 are deemed | 15 |
| invalid solely on inseverability grounds, the legislature | 16 |
| remains free to reenact any provisions it deems appropriate". | 17 |
| (b) It is the purpose of this Act to reenact a provision of |
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| Public Act 94-677 that did not involve limitations on | 2 |
| noneconomic damages in medical malpractice actions, and to | 3 |
| validate certain actions taken in reliance on that provision. | 4 |
| (c) This Act reenacts Section 24.1 of the Medical Practice | 5 |
| Act of 1987, which relates to physician profiles. This Act does | 6 |
| not reenact any other provisions of Public Act 94-677. | 7 |
| In this Act, the base text of the reenacted Section is set | 8 |
| forth as it existed at the time of the Supreme Court's | 9 |
| decision, including any amendments that occurred after P.A. | 10 |
| 94-677. Striking and underscoring is used only to show any | 11 |
| changes being made to that base text. | 12 |
| (d) All otherwise lawful actions taken in reasonable | 13 |
| reliance on or pursuant
to the Section reenacted by this Act, | 14 |
| as set forth in Public Act 94-677 or
subsequently amended, by | 15 |
| any officer, employee, agency, or unit of State or
local | 16 |
| government or by any other person or entity, are hereby | 17 |
| validated. | 18 |
| With respect to actions taken in relation to matters | 19 |
| arising under the
Section reenacted by this Act, a person is | 20 |
| rebuttably presumed to have acted in
reasonable reliance on and | 21 |
| pursuant to the provisions of Public Act 94-677,
as those | 22 |
| provisions had been amended at the time the action was taken. | 23 |
| With respect to their administration of matters arising | 24 |
| under the
Section reenacted by this Act, officers, employees, | 25 |
| agencies, and units of State and local government shall | 26 |
| continue to
apply the provisions of Public Act 94-677, as those |
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| provisions had been
amended at the relevant time. | 2 |
| Section 5. The Medical Practice Act of 1987 is amended by | 3 |
| reenacting Section 24.1 as follows: | 4 |
| (225 ILCS 60/24.1) | 5 |
| (Section scheduled to be repealed on December 31, 2010) | 6 |
| Sec. 24.1. Physician profile. | 7 |
| (a) This Section may be cited as the Patients' Right to | 8 |
| Know Law.
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| (b) The Department shall make available to the public a | 10 |
| profile of each physician. The Department shall make this | 11 |
| information available through an Internet web site and, if | 12 |
| requested, in writing. The physician profile shall contain the | 13 |
| following information: | 14 |
| (1) the full name of the physician;
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| (2) a description of any criminal convictions for | 16 |
| felonies and Class A misdemeanors, as determined by the | 17 |
| Department, within the most recent 5 years. For the | 18 |
| purposes of this Section, a person shall be deemed to be | 19 |
| convicted of a crime if he or she pleaded guilty or if he | 20 |
| was found or adjudged guilty by a court of competent | 21 |
| jurisdiction;
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| (3) a description of any final Department disciplinary | 23 |
| actions within the most recent 5 years;
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| (4) a description of any final disciplinary actions by |
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| licensing boards in other states within the most recent 5 | 2 |
| years;
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| (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;
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| (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 |
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| physician. A payment in settlement of a medical malpractice | 2 |
| action or claim should not be construed as creating a | 3 |
| presumption that medical malpractice has occurred." | 4 |
| Nothing in this subdivision (6) shall be construed to limit | 5 |
| or prevent the Disciplinary Board from providing further | 6 |
| explanatory information regarding the significance of | 7 |
| categories in which settlements are reported. Pending | 8 |
| malpractice claims shall not be disclosed by the Department | 9 |
| to the public. Nothing in this subdivision (6) shall be | 10 |
| construed to prevent the Disciplinary Board from | 11 |
| investigating and the Department from disciplining a | 12 |
| physician on the basis of medical malpractice claims that | 13 |
| are pending;
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| (7) names of medical schools attended, dates of | 15 |
| attendance, and date of graduation;
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| (8) graduate medical education;
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| (9) specialty board certification. The toll-free | 18 |
| number of the American Board of Medical Specialties shall | 19 |
| be included to verify current board certification status;
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| (10) number of years in practice and locations;
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| (11) names of the hospitals where the physician has | 22 |
| privileges;
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| (12) appointments to medical school faculties and | 24 |
| indication as to whether a physician has a responsibility | 25 |
| for graduate medical education within the most recent 5 | 26 |
| years;
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| (13) information regarding publications in | 2 |
| peer-reviewed medical literature within the most recent 5 | 3 |
| years;
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| (14) information regarding professional or community | 5 |
| service activities and awards;
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| (15) the location of the physician's primary practice | 7 |
| setting;
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| (16) identification of any translating services that | 9 |
| may be available at the physician's primary practice | 10 |
| location;
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| (17) an indication of whether the physician | 12 |
| participates in the Medicaid program.
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| (c) The Disciplinary Board shall provide individual | 14 |
| physicians with a copy of their profiles prior to release to | 15 |
| the public. A physician shall be provided 60 days to correct | 16 |
| factual inaccuracies that appear in such profile.
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| (d) A physician may elect to have his or her profile omit | 18 |
| certain information provided pursuant to subdivisions (12) | 19 |
| through (14) of subsection (b) concerning academic | 20 |
| appointments and teaching responsibilities, publication in | 21 |
| peer-reviewed journals and professional and community service | 22 |
| awards. In collecting information for such profiles and in | 23 |
| disseminating the same, the Disciplinary Board shall inform | 24 |
| physicians that they may choose not to provide such information | 25 |
| required pursuant to subdivisions (12) through (14) of | 26 |
| subsection (b).
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| (e) The Department shall promulgate such rules as it deems | 2 |
| necessary to accomplish the requirements of this Section.
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| (Source: P.A. 94-677, eff. 8-25-05 .) | 4 |
| Section 97. Severability. The provisions of this Act are | 5 |
| severable under Section 1.31 of the Statute on Statutes.
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.".
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