Full Text of HR0042 103rd General Assembly
HR0042 103RD GENERAL ASSEMBLY |
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| 1 | | HOUSE RESOLUTION
| 2 | | WHEREAS, There is an increasing number of physicians | 3 | | experiencing burnout, a potential factor in the increased | 4 | | rates of physicians having depression and committing suicide; | 5 | | and
| 6 | | WHEREAS, Physicians who have or have had mental health | 7 | | concerns may be reluctant to seek treatment as it may cause | 8 | | difficulty in obtaining and/or renewing a medical license as | 9 | | well as obtaining institutional privileges; and
| 10 | | WHEREAS, Physicians not receiving treatment for mental | 11 | | health issues may pose harm to patients, and a lack of | 12 | | treatment for mental health issues can contribute to untreated | 13 | | burnout, depression, and increased rates of suicide; and | 14 | | WHEREAS, Physicians have the right to obtain the same care | 15 | | as patients without retribution and with respect for the | 16 | | privacy of physicians' protected health information; and | 17 | | WHEREAS, The American Psychiatric Association has found no | 18 | | evidence that a physician who has been treated for a mental | 19 | | illness is any more likely to harm a patient than a physician | 20 | | with no mental health issues; and |
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| 1 | | WHEREAS, The Americans with Disabilities Act of 1990 | 2 | | states that employers cannot discriminate against employees | 3 | | based on mental or physical health; and | 4 | | WHEREAS, The 2018 American Psychiatric Association | 5 | | Position Statement on Inquiries About Diagnosis and Treatment | 6 | | of Mental Disorders in Connection with Professional | 7 | | Credentialing and Licensing recommends that medical licensing | 8 | | bodies not ask applicants about prior diagnosis and treatment | 9 | | of mental health disorders; and | 10 | | WHEREAS, Per the 2018 American Psychiatric Association | 11 | | Position Statement on Inquiries About Diagnosis and Treatment | 12 | | of Mental Disorders in Connection with Professional | 13 | | Credentialing and Licensing "Medical or hospital records | 14 | | requested shall be by way of narrowly tailored requests and | 15 | | releases that provide access only to information that is | 16 | | reasonably needed to assess the applicant's fitness to | 17 | | practice. All personal or health-related information shall be | 18 | | kept strictly confidential and shall be accessed only by | 19 | | individuals with a legitimate need for such access…Personal | 20 | | health information collected by the board should be kept | 21 | | confidential and should be destroyed after a reasonable period | 22 | | of time"; and
| 23 | | WHEREAS, Many initial and renewal applications for medical |
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| 1 | | licenses and associated applications and application reference | 2 | | forms, medical specialty boards, and institutional privilege | 3 | | and credential applications continue to include questions | 4 | | about physicians' mental health, and physicians who disclose a | 5 | | current or past mental health condition may be investigated or | 6 | | sanctioned; and
| 7 | | WHEREAS, Those applications that continue to make | 8 | | inquiries about a physician's mental health should use | 9 | | language consistent with the Americans with Disabilities Act, | 10 | | which limits questions to whether the individual has a medical | 11 | | condition that currently impacts his or her ability to | 12 | | practice medicine; and
| 13 | | WHEREAS, American Medical Association Policy H-275.970 | 14 | | addresses issues of potential discrimination and | 15 | | confidentiality violations in the licensing, privileging and | 16 | | credentialing processes; therefore, be it
| 17 | | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE | 18 | | HUNDRED THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that | 19 | | we urge the Illinois State Medical Society delegation to the | 20 | | American Medical Association to submit a resolution to the | 21 | | American Medical Association requesting that Policy H-275.970, | 22 | | Licensure Confidentiality, be amended as follows: | 23 | | "1. The AMA (a) encourages specialty boards, hospitals, |
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| 1 | | and other organizations involved in credentialing and/or | 2 | | privileging , as well as state licensing boards, to take all | 3 | | necessary steps to assure the confidentiality of information | 4 | | contained on application forms for credentials; (b) encourages | 5 | | boards these entities to include in application forms only | 6 | | requests for information that can reasonably be related to | 7 | | medical practice; (c) encourages state licensing boards, | 8 | | specialty boards, hospitals and other organizations involved | 9 | | in credentialing and/or privileging to exclude from license | 10 | | application forms information that refers to psychoanalysis, | 11 | | counseling, or psychotherapy required or undertaken as part of | 12 | | medical training; (d) encourages state medical societies and | 13 | | specialty societies to join with the AMA in efforts to change | 14 | | statutes and regulations to provide needed confidentiality for | 15 | | information collected by licensing boards and related | 16 | | organizations ; and (e) encourages state licensing boards , | 17 | | specialty boards, hospitals and other organizations involved | 18 | | in credentialing and/or privileging to require disclosure of | 19 | | physical or mental health conditions only when a physician is | 20 | | suffering from a condition that currently impairs his/her | 21 | | judgment or that would otherwise adversely affect his/her | 22 | | ability to practice medicine in a competent, ethical, and | 23 | | professional manner, or when the physician presents a public | 24 | | health danger. | 25 | | 2. Our AMA will have all those state medical boards , | 26 | | specialty boards, hospitals, and other organizations involved |
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| 1 | | in credentialing/privileging that wish to retain questions | 2 | | about the health of applicants on medical licensing | 3 | | applications confirm the use of or will change by 2024 all | 4 | | inquiries of the health of applicants to the language | 5 | | recommended by the Federation of State Medical Boards that | 6 | | reads, "Are you currently suffering from any condition for | 7 | | which you are not being appropriately treated that impairs | 8 | | your judgment or that would otherwise adversely affect your | 9 | | ability to practice medicine in a competent, ethical and | 10 | | professional manner? (Yes/No)." | 11 | | 3. Our AMA will work with the Federation of State Medical | 12 | | Boards, the American Hospital Association, the American Board | 13 | | of Medical Specialties, and state medical societies to develop | 14 | | policies and strategies to ensure that by 2024 all new and | 15 | | renewal medical licensure and associated applications and | 16 | | application reference forms, privileging, credentialing and | 17 | | related applications and documentation will request or | 18 | | disclose only information that is reasonably needed to address | 19 | | the applicant's current fitness to practice medicine and | 20 | | respect the privacy of physician's protected health | 21 | | information. "; and be it further
| 22 | | RESOLVED, That a suitable copy of this resolution be | 23 | | delivered to the Illinois State Medical Society and the | 24 | | American Medical Association.
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