Full Text of SB1610 095th General Assembly
SB1610 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1610
Introduced 2/9/2007, by Sen. Bill Brady SYNOPSIS AS INTRODUCED: |
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210 ILCS 85/10.4 |
from Ch. 111 1/2, par. 151.4 |
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Amends the Hospital Licensing Act. In connection with provisions concerning summary suspension of a person's medical staff membership or clinical privileges, provides that an immediate danger to the public must be evidenced by a documented act or acts that directly threaten patient care in the hospital and are not of an administrative nature. Provides that when a medical staff member's license to practice has been suspended or revoked by the State's licensing authority, a hearing is not necessary. Provides that all peer review shall be conducted in accordance with the medical staff bylaws and that independent peer review services may be used in the medical staff credentialing and privileging process when authorized.
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A BILL FOR
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SB1610 |
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LRB095 04850 DRJ 24912 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Hospital Licensing Act is amended by | 5 |
| changing Section 10.4 as follows:
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| (210 ILCS 85/10.4) (from Ch. 111 1/2, par. 151.4)
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| Sec. 10.4. Medical staff privileges.
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| (a) Any hospital licensed under this Act or any hospital | 9 |
| organized under the
University of Illinois Hospital Act shall, | 10 |
| prior to the granting of any medical
staff privileges to an | 11 |
| applicant, or renewing a current medical staff member's
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| privileges, request of the Director of Professional Regulation | 13 |
| information
concerning the licensure status and any | 14 |
| disciplinary action taken against the
applicant's or medical | 15 |
| staff member's license, except: (1) for medical personnel who
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| enter a hospital to obtain organs and tissues for transplant | 17 |
| from a donor in accordance with the Illinois Anatomical Gift | 18 |
| Act; or (2) for medical personnel who have been granted | 19 |
| disaster privileges pursuant to the procedures and | 20 |
| requirements established by rules adopted by the Department. | 21 |
| Any hospital and any employees of the hospital or others | 22 |
| involved in granting privileges who
that , in good faith, grant
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| grants disaster privileges pursuant to this Section to respond |
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LRB095 04850 DRJ 24912 b |
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| to an emergency shall not, as a result of their
his, her, or | 2 |
| its acts or omissions, be liable for civil damages for granting | 3 |
| or denying disaster privileges except in the event of willful | 4 |
| and wanton misconduct, as that term is defined in Section 10.2 | 5 |
| of this Act. Individuals granted privileges who provide care in | 6 |
| an emergency situation, in good faith and without direct | 7 |
| compensation, shall not, as a result of their
his or her acts | 8 |
| or omissions, except for acts or omissions involving willful | 9 |
| and wanton misconduct, as that term is defined in Section 10.2 | 10 |
| of this Act, on the part of the person, be liable for civil | 11 |
| damages. The Director of
Professional Regulation shall | 12 |
| transmit, in writing and in a timely fashion,
such information | 13 |
| regarding the license of the applicant or the medical staff
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| member, including the record of imposition of any periods of
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| supervision or monitoring as a result of alcohol or
substance | 16 |
| abuse, as provided by Section 23 of the Medical
Practice Act of | 17 |
| 1987, and such information as may have been
submitted to the | 18 |
| Department indicating that the application
or medical staff | 19 |
| member has been denied, or has surrendered,
medical staff | 20 |
| privileges at a hospital licensed under this
Act, or any | 21 |
| equivalent facility in another state or
territory of the United | 22 |
| States. The Director of Professional Regulation
shall define by | 23 |
| rule the period for timely response to such requests.
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| No transmittal of information by the Director of | 25 |
| Professional Regulation,
under this Section shall be to other | 26 |
| than the president, chief
operating officer, chief |
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| administrative officer, or chief of
the medical staff of a | 2 |
| hospital licensed under this Act, a
hospital organized under | 3 |
| the University of Illinois Hospital Act, or a hospital
operated | 4 |
| by the United States, or any of its instrumentalities. The
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| information so transmitted shall be afforded the same status
as | 6 |
| is information concerning medical studies by Part 21 of Article | 7 |
| VIII of the
Code of Civil Procedure, as now or hereafter | 8 |
| amended.
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| (b) All hospitals licensed under this Act, except county | 10 |
| hospitals as
defined in subsection (c) of Section 15-1 of the | 11 |
| Illinois Public Aid Code,
shall comply with, and the medical | 12 |
| staff bylaws of these hospitals shall
include rules consistent | 13 |
| with, the provisions of this Section in granting,
limiting, | 14 |
| renewing, or denying medical staff membership and
clinical | 15 |
| staff privileges. Hospitals that require medical staff members | 16 |
| to
possess
faculty status with a specific institution of higher | 17 |
| education are not required
to comply with subsection (1) below | 18 |
| when the physician does not possess faculty
status.
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| (1) Minimum procedures for
pre-applicants and | 20 |
| applicants for medical staff
membership shall include the | 21 |
| following:
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| (A) Written procedures relating to the acceptance | 23 |
| and processing of
pre-applicants or applicants for | 24 |
| medical staff membership, which should be
contained in
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| medical staff bylaws.
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| (B) Written procedures to be followed in |
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| determining
a pre-applicant's or
an applicant's
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| qualifications for being granted medical staff | 3 |
| membership and privileges.
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| (C) Written criteria to be followed in evaluating
a | 5 |
| pre-applicant's or
an applicant's
qualifications.
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| (D) An evaluation of
a pre-applicant's or
an | 7 |
| applicant's current health status and current
license | 8 |
| status in Illinois.
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| (E) A written response to each
pre-applicant or
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| applicant that explains the reason or
reasons for any | 11 |
| adverse decision (including all reasons based in whole | 12 |
| or
in part on the applicant's medical qualifications or | 13 |
| any other basis,
including economic factors).
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| (2) Minimum procedures with respect to medical staff | 15 |
| and clinical
privilege determinations concerning current | 16 |
| members of the medical staff shall
include the following:
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| (A) A written notice of an adverse decision.
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| (B) An explanation of the reasons for an adverse | 19 |
| decision including all
reasons based on the quality of | 20 |
| medical care or any other basis, including
economic | 21 |
| factors.
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| (C) A statement of the medical staff member's right | 23 |
| to request a fair
hearing on the adverse decision | 24 |
| before a hearing panel whose membership is
mutually | 25 |
| agreed upon by the medical staff and the hospital | 26 |
| governing board. The
hearing panel shall have |
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| independent authority to recommend action to the
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| hospital governing board. Upon the request of the | 3 |
| medical staff member or the
hospital governing board, | 4 |
| the hearing panel shall make findings concerning the
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| nature of each basis for any adverse decision | 6 |
| recommended to and accepted by
the hospital governing | 7 |
| board.
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| (i) Nothing in this subparagraph (C) limits a | 9 |
| hospital's or medical
staff's right to summarily | 10 |
| suspend, without a prior hearing, a person's | 11 |
| medical
staff membership or clinical privileges if | 12 |
| the continuation of practice of a
medical staff | 13 |
| member constitutes an immediate danger to the | 14 |
| public, including
patients, visitors, and hospital | 15 |
| employees and staff. An immediate danger must be | 16 |
| evidenced by a documented act or acts that directly | 17 |
| threaten patient care in the hospital and are not | 18 |
| of an administrative nature. A fair hearing shall | 19 |
| be
commenced within 15 days after the suspension | 20 |
| and completed without delay , except that when the | 21 |
| medical staff member's license to practice has | 22 |
| been suspended or revoked by the State's licensing | 23 |
| authority, no hearing shall be necessary .
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| (ii) Nothing in this subparagraph (C) limits a | 25 |
| medical staff's right
to permit, in the medical | 26 |
| staff bylaws, summary suspension of membership or
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| clinical privileges in designated administrative | 2 |
| circumstances as specifically
approved by the | 3 |
| medical staff. This bylaw provision must | 4 |
| specifically describe
both the administrative | 5 |
| circumstance that can result in a summary | 6 |
| suspension
and the length of the summary | 7 |
| suspension. The opportunity for a fair hearing is
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| required for any administrative summary | 9 |
| suspension. Any requested hearing must
be | 10 |
| commenced within 15 days after the summary | 11 |
| suspension and completed without
delay. Adverse | 12 |
| decisions other than suspension or other | 13 |
| restrictions on the
treatment or admission of | 14 |
| patients may be imposed summarily and without a
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| hearing under designated administrative | 16 |
| circumstances as specifically provided
for in the | 17 |
| medical staff bylaws as approved by the medical | 18 |
| staff.
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| (iii) If a hospital exercises its option to | 20 |
| enter into an exclusive
contract and that contract | 21 |
| results in the total or partial termination or
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| reduction of medical staff membership or clinical | 23 |
| privileges of a current
medical staff member, the | 24 |
| hospital shall provide the affected medical staff
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| member 60 days prior notice of the effect on his or | 26 |
| her medical staff
membership or privileges. An |
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| affected medical staff member desiring a hearing
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| under subparagraph (C) of this paragraph (2) must | 3 |
| request the hearing within 14
days after the date | 4 |
| he or she is so notified. The requested hearing | 5 |
| shall be
commenced and completed (with a report and | 6 |
| recommendation to the affected
medical staff | 7 |
| member, hospital governing board, and medical | 8 |
| staff) within 30
days after the date of the medical | 9 |
| staff member's request. If agreed upon by
both the | 10 |
| medical staff and the hospital governing board, | 11 |
| the medical staff
bylaws may provide for longer | 12 |
| time periods.
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| (C-5) All peer review shall be conducted in | 14 |
| accordance with the medical staff bylaws. Independent | 15 |
| outside peer review services may be used in the medical | 16 |
| staff credentialing and privileging process when | 17 |
| authorized under criteria set forth in the medical | 18 |
| staff bylaws.
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| (D) A statement of the member's right to inspect | 20 |
| all pertinent
information in the hospital's possession | 21 |
| with respect to the decision.
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| (E) A statement of the member's right to present | 23 |
| witnesses and other
evidence at the hearing on the | 24 |
| decision.
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| (F) A written notice and written explanation of the | 26 |
| decision resulting
from the hearing.
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| (F-5) A written notice of a final adverse decision | 2 |
| by a hospital
governing board.
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| (G) Notice given 15 days before implementation of | 4 |
| an adverse medical
staff membership or clinical | 5 |
| privileges decision based substantially on
economic | 6 |
| factors. This notice shall be given after the medical | 7 |
| staff member
exhausts all applicable procedures under | 8 |
| this Section, including item (iii) of
subparagraph (C) | 9 |
| of this paragraph (2), and under the medical staff | 10 |
| bylaws in
order to allow sufficient time for the | 11 |
| orderly provision of patient care.
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| (H) Nothing in this paragraph (2) of this | 13 |
| subsection (b) limits a
medical staff member's right to | 14 |
| waive, in writing, the rights provided in
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| subparagraphs (A) through (G) (excluding subparagraph | 16 |
| (C-5)) of this paragraph (2) of this subsection (b) | 17 |
| upon
being granted the written exclusive right to | 18 |
| provide particular services at a
hospital, either | 19 |
| individually or as a member of a group. If an exclusive
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| contract is signed by a representative of a group of | 21 |
| physicians, a waiver
contained in the contract shall | 22 |
| apply to all members of the group unless stated
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| otherwise in the contract.
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| (3) Every adverse medical staff membership and | 25 |
| clinical privilege decision
based substantially on | 26 |
| economic factors shall be reported to the Hospital
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| Licensing Board before the decision takes effect. These | 2 |
| reports shall not be
disclosed in any form that reveals the | 3 |
| identity of any hospital or physician.
These reports shall | 4 |
| be utilized to study the effects that hospital medical
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| staff membership and clinical privilege decisions based | 6 |
| upon economic factors
have on access to care and the | 7 |
| availability of physician services. The
Hospital Licensing | 8 |
| Board shall submit an initial study to the Governor and the
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| General Assembly by January 1, 1996, and subsequent reports | 10 |
| shall be submitted
periodically thereafter.
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| (4) As used in this Section:
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| "Adverse decision" means a decision reducing, | 13 |
| restricting, suspending,
revoking, denying, or not | 14 |
| renewing medical staff membership or clinical
privileges.
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| "Economic factor" means any information or reasons for | 16 |
| decisions unrelated
to quality of care or professional | 17 |
| competency.
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| "Pre-applicant" means a physician licensed to practice | 19 |
| medicine in all
its
branches who requests an application | 20 |
| for medical staff membership or
privileges.
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| "Privilege" means permission to provide
medical or | 22 |
| other patient care services and permission to use hospital
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| resources, including equipment, facilities and personnel | 24 |
| that are necessary to
effectively provide medical or other | 25 |
| patient care services. This definition
shall not be | 26 |
| construed to
require a hospital to acquire additional |
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| equipment, facilities, or personnel to
accommodate the | 2 |
| granting of privileges.
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| (5) Any amendment to medical staff bylaws required | 4 |
| because of
this amendatory Act of the 91st General Assembly | 5 |
| shall be adopted on or
before July 1, 2001.
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| (c) All hospitals shall consult with the medical staff | 7 |
| prior to closing
membership in the entire or any portion of the | 8 |
| medical staff or a department.
If
the hospital closes | 9 |
| membership in the medical staff, any portion of the medical
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| staff, or the department over the objections of the medical | 11 |
| staff, then the
hospital
shall provide a detailed written | 12 |
| explanation for the decision to the medical
staff
10 days prior | 13 |
| to the effective date of any closure. No applications need to | 14 |
| be
provided when membership in the medical staff or any | 15 |
| relevant portion of the
medical staff is closed.
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| (Source: P.A. 93-794, eff. 7-22-04; 93-829, eff. 7-28-04; | 17 |
| revised 11-22-05.)
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