Public Act 90-0699 of the 90th General Assembly
Public Act 90-0699
HB2818 Enrolled LRB9008900JSgc
AN ACT to amend the Medical Practice Act of 1987 by
changing Sections 23, 36, and 38.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Medical Practice Act of 1987 is amended
by changing Sections 23, 36, and 38 as follows:
(225 ILCS 60/23) (from Ch. 111, par. 4400-23)
Sec. 23. Reports relating to professional conduct and
capacity.
(A) Entities required to report.
(1) Health care institutions. The chief
administrator or executive officer of any health care
institution licensed by the Illinois Department of Public
Health shall report to the Disciplinary Board when any
person's clinical privileges are terminated or are
restricted based on a final determination, in accordance
with that institution's by-laws or rules and regulations,
that a person has either committed an act or acts which
may directly threaten patient care, and not of an
administrative nature, or that a person may be mentally
or physically disabled in such a manner as to endanger
patients under that person's care. Such officer also
shall report if a person accepts voluntary termination or
restriction of clinical privileges in lieu of formal
action based upon conduct related directly to patient
care and not of an administrative nature, or in lieu of
formal action seeking to determine whether a person may
be mentally or physically disabled in such a manner as to
endanger patients under that person's care. The Medical
Disciplinary Board shall, by rule, provide for the
reporting to it of all instances in which a person,
licensed under this Act, who is impaired by reason of
age, drug or alcohol abuse or physical or mental
impairment, is under supervision and, where appropriate,
is in a program of rehabilitation. Such reports shall be
strictly confidential and may be reviewed and considered
only by the members of the Disciplinary Board, or by
authorized staff as provided by rules of the Disciplinary
Board. Provisions shall be made for the periodic report
of the status of any such person not less than twice
annually in order that the Disciplinary Board shall have
current information upon which to determine the status of
any such person. Such initial and periodic reports of
impaired physicians shall not be considered records
within the meaning of The State Records Act and shall be
disposed of, following a determination by the
Disciplinary Board that such reports are no longer
required, in a manner and at such time as the
Disciplinary Board shall determine by rule. The filing
of such reports shall be construed as the filing of a
report for purposes of subsection (C) of this Section.
(2) Professional associations. The President or
chief executive officer of any association or society, of
persons licensed under this Act, operating within this
State shall report to the Disciplinary Board when the
association or society renders a final determination that
a person has committed unprofessional conduct related
directly to patient care or that a person may be mentally
or physically disabled in such a manner as to endanger
patients under that person's care.
(3) Professional liability insurers. Every
insurance company which offers policies of professional
liability insurance to persons licensed under this Act,
or any other entity which seeks to indemnify the
professional liability of a person licensed under this
Act, shall report to the Disciplinary Board the
settlement of any claim or cause of action, or final
judgment rendered in any cause of action, which alleged
negligence in the furnishing of medical care by such
licensed person when such settlement or final judgment is
in favor of the plaintiff.
(4) State's Attorneys. The State's Attorney of
each county shall report to the Disciplinary Board all
instances in which a person licensed under this Act is
convicted or otherwise found guilty of the commission of
any felony. The State's Attorney of each county may
report to the Disciplinary Board through a verified
complaint any instance in which the State's Attorney
believes that a physician has willfully violated the
notice requirements of the Parental Notice of Abortion
Act of 1995.
(5) State agencies. All agencies, boards,
commissions, departments, or other instrumentalities of
the government of the State of Illinois shall report to
the Disciplinary Board any instance arising in connection
with the operations of such agency, including the
administration of any law by such agency, in which a
person licensed under this Act has either committed an
act or acts which may be a violation of this Act or which
may constitute unprofessional conduct related directly to
patient care or which indicates that a person licensed
under this Act may be mentally or physically disabled in
such a manner as to endanger patients under that person's
care.
(B) Mandatory reporting. All reports required by items
(34), (35), and (36) of subsection (A) of Section 22 and by
Section 23 shall be submitted to the Disciplinary Board in a
timely fashion. The reports shall be filed in writing within
60 days after a determination that a report is required under
this Act. All reports shall contain the following
information:
(1) The name, address and telephone number of the
person making the report.
(2) The name, address and telephone number of the
person who is the subject of the report.
(3) The name or other means of identification of
any patient or patients whose treatment is a subject of
the report, provided, however, no medical records may be
revealed without the written consent of the patient or
patients. When the Department has received written
reports concerning incidents required to be reported in
items (34), (35), and (36) of subsection (A) of Section
22, the licensee's failure to report the incident to the
Department under those items shall not be the sole
grounds for disciplinary action.
(4) A brief description of the facts which gave
rise to the issuance of the report, including the dates
of any occurrences deemed to necessitate the filing of
the report.
(5) If court action is involved, the identity of
the court in which the action is filed, along with the
docket number and date of filing of the action.
(6) Any further pertinent information which the
reporting party deems to be an aid in the evaluation of
the report.
The Department shall have the right to inform patients of
the right to provide written consent for the Department to
obtain copies of hospital and medical records. The
Disciplinary Board or Department may exercise the power under
Section 38 of this Act to subpoena copies of hospital or
medical records in mandatory report cases alleging death or
permanent bodily injury when consent to obtain records is not
provided by a patient or legal representative. Appropriate
rules shall be adopted by the Department with the approval of
the Disciplinary Board.
When the Department has received written reports
concerning incidents required to be reported in items (34),
(35), and (36) of subsection (A) of Section 22, the
licensee's failure to report the incident to the Department
under those items shall not be the sole grounds for
disciplinary action.
Nothing contained in this Section shall act to in any
way, waive or modify the confidentiality of medical reports
and committee reports to the extent provided by law. Any
information reported or disclosed shall be kept for the
confidential use of the Disciplinary Board, the Medical
Coordinators, the Disciplinary Board's attorneys, the medical
investigative staff, and authorized clerical staff, as
provided in this Act, and shall be afforded the same status
as is provided information concerning medical studies in Part
21 of Article VIII of the Code of Civil Procedure.
(C) Immunity from prosecution. Any individual or
organization acting in good faith, and not in a wilful and
wanton manner, in complying with this Act by providing any
report or other information to the Disciplinary Board, or
assisting in the investigation or preparation of such
information, or by participating in proceedings of the
Disciplinary Board, or by serving as a member of the
Disciplinary Board, shall not, as a result of such actions,
be subject to criminal prosecution or civil damages.
(D) Indemnification. Members of the Disciplinary Board,
the Medical Coordinators, the Disciplinary Board's attorneys,
the medical investigative staff, physicians retained under
contract to assist and advise the medical coordinators in the
investigation, and authorized clerical staff shall be
indemnified by the State for any actions occurring within the
scope of services on the Disciplinary Board, done in good
faith and not wilful and wanton in nature. The Attorney
General shall defend all such actions unless he or she
determines either that there would be a conflict of interest
in such representation or that the actions complained of were
not in good faith or were wilful and wanton.
Should the Attorney General decline representation, the
member shall have the right to employ counsel of his or her
choice, whose fees shall be provided by the State, after
approval by the Attorney General, unless there is a
determination by a court that the member's actions were not
in good faith or were wilful and wanton.
The member must notify the Attorney General within 7 days
of receipt of notice of the initiation of any action
involving services of the Disciplinary Board. Failure to so
notify the Attorney General shall constitute an absolute
waiver of the right to a defense and indemnification.
The Attorney General shall determine within 7 days after
receiving such notice, whether he or she will undertake to
represent the member.
(E) Deliberations of Disciplinary Board. Upon the
receipt of any report called for by this Act, other than
those reports of impaired persons licensed under this Act
required pursuant to the rules of the Disciplinary Board, the
Disciplinary Board shall notify in writing, by certified
mail, the person who is the subject of the report. Such
notification shall be made within 30 days of receipt by the
Disciplinary Board of the report.
The notification shall include a written notice setting
forth the person's right to examine the report. Included in
such notification shall be the address at which the file is
maintained, the name of the custodian of the reports, and the
telephone number at which the custodian may be reached. The
person who is the subject of the report shall submit a
written statement responding, clarifying, adding to, or
proposing the amending of the report previously filed. The
statement shall become a permanent part of the file and must
be received by the Disciplinary Board no more than 60 days
after the date on which the person was notified by the
Disciplinary Board of the existence of the original report.
The Disciplinary Board shall review all reports received
by it, together with any supporting information and
responding statements submitted by persons who are the
subject of reports. The review by the Disciplinary Board
shall be in a timely manner but in no event, shall the
Disciplinary Board's initial review of the material contained
in each disciplinary file be less than 61 days nor more than
180 days after the receipt of the initial report by the
Disciplinary Board.
When the Disciplinary Board makes its initial review of
the materials contained within its disciplinary files, the
Disciplinary Board shall, in writing, make a determination as
to whether there are sufficient facts to warrant further
investigation or action. Failure to make such determination
within the time provided shall be deemed to be a
determination that there are not sufficient facts to warrant
further investigation or action.
Should the Disciplinary Board find that there are not
sufficient facts to warrant further investigation, or action,
the report shall be accepted for filing and the matter shall
be deemed closed and so reported to the Director. The
Director shall then have 30 days to accept the Medical
Disciplinary Board's decision or request further
investigation. The Director shall inform the Board in
writing of the decision to request further investigation,
including the specific reasons for the decision. The
individual or entity filing the original report or complaint
and the person who is the subject of the report or complaint
shall be notified in writing by the Director Disciplinary
Board of any final action on their report or complaint.
(F) Summary reports. The Disciplinary Board shall
prepare, on a timely basis, but in no event less than one
every other month, a summary report of final actions taken
upon disciplinary files maintained by the Disciplinary Board.
The summary reports shall be sent by the Disciplinary Board
to every health care facility licensed by the Illinois
Department of Public Health, every professional association
and society of persons licensed under this Act functioning on
a statewide basis in this State, the American Medical
Association, the American Osteopathic Association, the
American Chiropractic Association, all insurers providing
professional liability insurance to persons licensed under
this Act in the State of Illinois, the Federation of State
Medical Licensing Boards, and the Illinois Pharmacists
Association.
(G) Any violation of this Section shall be a Class A
misdemeanor.
(H) If any such person violates the provisions of this
Section an action may be brought in the name of the People of
the State of Illinois, through the Attorney General of the
State of Illinois, for an order enjoining such violation or
for an order enforcing compliance with this Section. Upon
filing of a verified petition in such court, the court may
issue a temporary restraining order without notice or bond
and may preliminarily or permanently enjoin such violation,
and if it is established that such person has violated or is
violating the injunction, the court may punish the offender
for contempt of court. Proceedings under this paragraph
shall be in addition to, and not in lieu of, all other
remedies and penalties provided for by this Section.
(Source: P.A. 89-18, eff. 6-1-95; 89-702, eff. 7-1-97.)
(225 ILCS 60/36) (from Ch. 111, par. 4400-36)
Sec. 36. Upon the motion of either the Department or the
Disciplinary Board or upon the verified complaint in writing
of any person setting forth facts which, if proven, would
constitute grounds for suspension or revocation under Section
22 of this Act, the Department shall investigate the actions
of any person, so accused, who holds or represents that they
hold a license. Such person is hereinafter called the
accused.
The Department shall, before suspending, revoking,
placing on probationary status, or taking any other
disciplinary action as the Department may deem proper with
regard to any license at least 30 days prior to the date set
for the hearing, notify the accused in writing of any charges
made and the time and place for a hearing of the charges
before the Disciplinary Board, direct them to file their
written answer thereto to the Disciplinary Board under oath
within 20 days after the service on them of such notice and
inform them that if they fail to file such answer default
will be taken against them and their license may be
suspended, revoked, placed on probationary status, or have
other disciplinary action, including limiting the scope,
nature or extent of their practice, as the Department may
deem proper taken with regard thereto.
Where a physician has been found, upon complaint and
investigation of the Department, and after hearing, to have
performed an abortion procedure in a wilful and wanton manner
upon a woman who was not pregnant at the time such abortion
procedure was performed, the Department shall automatically
revoke the license of such physician to practice medicine in
Illinois.
Such written notice and any notice in such proceedings
thereafter may be served by delivery of the same, personally,
to the accused person, or by mailing the same by registered
or certified mail to the address last theretofore specified
by the accused in their last notification to the Department.
All information gathered by the Department during its
investigation including information subpoenaed under Section
23 or 38 of this Act and the investigative file shall be kept
for the confidential use of the Director, Disciplinary Board,
the Medical Coordinators, persons employed by contract to
advise the Medical Coordinator or the Department, the
Disciplinary Board's attorneys, the medical investigative
staff, and authorized clerical staff, as provided in this Act
and shall be afforded the same status as is provided
information concerning medical studies in Part 21 of Article
VIII of the Code of Civil Procedure.
(Source: P.A. 85-4.)
(225 ILCS 60/38) (from Ch. 111, par. 4400-38)
Sec. 38. The Disciplinary Board or Department has power
to subpoena and bring before it any person in this State and
to take testimony either orally or by deposition, or both,
with the same fees and mileage and in the same manner as is
prescribed by law for judicial procedure in civil cases.
The Disciplinary Board, upon a determination that
probable cause exists that a violation of one or more of the
grounds for discipline listed in Section 22 has occurred or
is occurring, may subpoena the medical and hospital records
of individual patients of physicians licensed under this Act,
provided, that prior to the submission of such records to the
Disciplinary Board, all information indicating the identity
of the patient shall be removed and deleted. Notwithstanding
the foregoing, the Disciplinary Board and Department shall
possess the power to subpoena copies of hospital or medical
records in mandatory report cases under Section 23 alleging
death or permanent bodily injury when consent to obtain
records is not provided by a patient or legal representative.
Prior to submission of the records to the Disciplinary Board,
all information indicating the identity of the patient shall
be removed and deleted. All medical records and other
information received pursuant to subpoena shall be
confidential and shall be afforded the same status as is
proved information concerning medical studies in Part 21 of
Article VIII of the Code of Civil Procedure. The use of such
records shall be restricted to members of the Disciplinary
Board, the medical coordinators, and appropriate staff of the
Department of Professional Regulation designated by the
Disciplinary Board for the purpose of determining the
existence of one or more grounds for discipline of the
physician as provided for by Section 22 of this Act. Any
such review of individual patients' records shall be
conducted by the Disciplinary Board in strict
confidentiality, provided that such patient records shall be
admissible in a disciplinary hearing, before the Disciplinary
Board, when necessary to substantiate the grounds for
discipline alleged against the physician licensed under this
Act, and provided further, that nothing herein shall be
deemed to supersede the provisions of Part 21 of Article VIII
of the "Code of Civil Procedure", as now or hereafter
amended, to the extent applicable.
The Director, and any member of the Disciplinary Board
each have power to administer oaths at any hearing which the
Disciplinary Board or Department is authorized by law to
conduct.
The Disciplinary Board, upon a determination that
probable cause exists that a violation of one or more of the
grounds for discipline listed in Section 22 has occurred or
is occurring on the business premises of a physician licensed
under this Act, may issue an order authorizing an
appropriately qualified investigator employed by the
Department to enter upon the business premises with due
consideration for patient care of the subject of the
investigation so as to inspect the physical premises and
equipment and furnishings therein. No such order shall
include the right of inspection of business, medical, or
personnel records located on the premises. For purposes of
this Section, "business premises" is defined as the office or
offices where the physician conducts the practice of
medicine. Any such order shall expire and become void five
business days after its issuance by the Disciplinary Board.
The execution of any such order shall be valid only during
the normal business hours of the facility or office to be
inspected.
(Source: P.A. 85-1209.)