Rep. Mary E. Flowers

Filed: 11/16/2010

 

 


 

 


 
09600HB1760ham001LRB096 05404 CEL 43998 a

1
AMENDMENT TO HOUSE BILL 1760

2    AMENDMENT NO. ______. Amend House Bill 1760 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Patients' Right to Know Act.
 
6    Section 5. Definitions. For purposes of this Act, the
7following definitions shall have the following meanings,
8except where the context requires otherwise:
9    "Department" means the Department of Financial and
10Professional Regulation.
11    "Disciplinary Board" means the Medical Disciplinary Board.
12    "Physician" means a person licensed under the Medical
13Practice Act to practice medicine in all of its branches or a
14chiropractic physician licensed to treat human ailments
15without the use of drugs and without operative surgery.
16    "Secretary" means the Secretary of the Department of

 

 

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1Financial and Professional Regulation.
 
2    Section 10. Physician profiles. The Department shall make
3available to the public a profile of each physician. The
4Department shall make this information available through an
5Internet web site and, if requested, in writing. The physician
6profile shall contain the following information:
7        (1) the full name of the physician;
8        (2) a description of any criminal convictions for
9    felonies and Class A misdemeanors, as determined by the
10    Department, within the most recent 5 years. For the
11    purposes of this Section, a person shall be deemed to be
12    convicted of a crime if he or she pleaded guilty or if he
13    was found or adjudged guilty by a court of competent
14    jurisdiction;
15        (3) a description of any final Department disciplinary
16    actions within the most recent 5 years;
17        (4) a description of any final disciplinary actions by
18    licensing boards in other states within the most recent 5
19    years;
20        (5) a description of revocation or involuntary
21    restriction of hospital privileges for reasons related to
22    competence or character that have been taken by the
23    hospital's governing body or any other official of the
24    hospital after procedural due process has been afforded, or
25    the resignation from or nonrenewal of medical staff

 

 

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1    membership or the restriction of privileges at a hospital
2    taken in lieu of or in settlement of a pending disciplinary
3    case related to competence or character in that hospital.
4    Only cases which have occurred within the most recent 5
5    years shall be disclosed by the Department to the public;
6        (6) all medical malpractice court judgments and all
7    medical malpractice arbitration awards in which a payment
8    was awarded to a complaining party during the most recent 5
9    years and all settlements of medical malpractice claims in
10    which a payment was made to a complaining party within the
11    most recent 5 years. A medical malpractice judgment or
12    award that has been appealed shall be identified
13    prominently as "Under Appeal" on the profile within 20 days
14    of formal written notice to the Department. Information
15    concerning all settlements shall be accompanied by the
16    following statement: "Settlement of a claim may occur for a
17    variety of reasons which do not necessarily reflect
18    negatively on the professional competence or conduct of the
19    physician. A payment in settlement of a medical malpractice
20    action or claim should not be construed as creating a
21    presumption that medical malpractice has occurred."
22    Nothing in this subdivision (6) shall be construed to limit
23    or prevent the Disciplinary Board from providing further
24    explanatory information regarding the significance of
25    categories in which settlements are reported. Pending
26    malpractice claims shall not be disclosed by the Department

 

 

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1    to the public. Nothing in this subdivision (6) shall be
2    construed to prevent the Disciplinary Board from
3    investigating and the Department from disciplining a
4    physician on the basis of medical malpractice claims that
5    are pending;
6        (7) names of medical schools attended, dates of
7    attendance, and date of graduation;
8        (8) graduate medical education;
9        (9) specialty board certification. The toll-free
10    number of the American Board of Medical Specialties shall
11    be included to verify current board certification status;
12        (10) number of years in practice and locations;
13        (11) names of the hospitals where the physician has
14    privileges;
15        (12) appointments to medical school faculties and
16    indication as to whether a physician has a responsibility
17    for graduate medical education within the most recent 5
18    years;
19        (13) information regarding publications in
20    peer-reviewed medical literature within the most recent 5
21    years;
22        (14) information regarding professional or community
23    service activities and awards;
24        (15) the location of the physician's primary practice
25    setting;
26        (16) identification of any translating services that

 

 

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1    may be available at the physician's primary practice
2    location; and
3        (17) an indication of whether the physician
4    participates in the Medicaid program.
 
5    Section 15. Publication of physician's profiles. The
6Disciplinary Board shall provide individual physicians with a
7copy of their profiles prior to release to the public. A
8physician shall be provided 60 days to correct factual
9inaccuracies that appear in such profile.
 
10    Section 20. Exclusion of information from physician's
11profiles. A physician may elect to have his or her profile
12omit certain information provided pursuant to subdivisions
13(12) through (14) of Section 10 of this Act concerning academic
14appointments and teaching responsibilities, publication in
15peer-reviewed journals and professional and community service
16awards. In collecting information for such profiles and in
17disseminating the same, the Disciplinary Board shall inform
18physicians that they may choose not to provide such information
19required pursuant to subdivisions (12) through (14) of Section
2010 of this Act.
 
21    Section 25. Rules. The Department shall promulgate such
22rules as it deems necessary to accomplish the requirements of
23this Act, including, but not limited to, rules requiring

 

 

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1physicians to submit the necessary information that shall be
2published under this Act.
 
3    Section 30. Penalties. Failure to comply with this Act may
4be grounds for disciplinary action as provided in the Medical
5Practice Act of 1987.
 
6    (225 ILCS 60/24.1 rep.)
7    Section 900. The Medical Practice Act of 1987 is amended by
8repealing Section 24.1.
 
9    Section 999. Effective date. This Act takes effect upon
10becoming law.".