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Full Text of SB1887  97th General Assembly

SB1887 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1887

 

Introduced 2/10/2011, by Sen. Kirk W. Dillard

 

SYNOPSIS AS INTRODUCED:
 
215 ILCS 5/155.18  from Ch. 73, par. 767.18
215 ILCS 5/155.18a
215 ILCS 5/155.19  from Ch. 73, par. 767.19
215 ILCS 5/1204  from Ch. 73, par. 1065.904
225 ILCS 60/7  from Ch. 111, par. 4400-7
225 ILCS 60/22  from Ch. 111, par. 4400-22
225 ILCS 60/23  from Ch. 111, par. 4400-23
225 ILCS 60/24  from Ch. 111, par. 4400-24
225 ILCS 60/24.1
225 ILCS 60/36  from Ch. 111, par. 4400-36
735 ILCS 5/2-622  from Ch. 110, par. 2-622
735 ILCS 5/2-1303  from Ch. 110, par. 2-1303
735 ILCS 5/2-1704.5
735 ILCS 5/8-1901  from Ch. 110, par. 8-1901
735 ILCS 5/8-2006
735 ILCS 5/8-2501  from Ch. 110, par. 8-2501
745 ILCS 49/30

    Amends the Illinois Insurance Code, the Medical Practice Act of 1987, the Code of Civil Procedure, and the Good Samaritan Act to reenact certain provisions of Public Act 94-677, which was declared to be unconstitutional. Includes explanatory and validation provisions. Makes changes relating to the reenactment, including revisory changes. Also makes these substantive changes: Amends the Code of Civil Procedure to lower the rate of interest payable on judgments; to provide for annual indexing of those rates; and to delay the accrual of interest in certain cases where a federal Medicare lien may exist against the judgment. Includes an inseverability provision. Effective immediately.


LRB097 08724 AMC 48853 b

 

 

A BILL FOR

 

SB1887LRB097 08724 AMC 48853 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Findings; purpose; text and revisory changes;
5validation; additional material.
6    (a) The Illinois Supreme Court, in Lebron v. Gottlieb
7Memorial Hospital, found that the limitations on noneconomic
8damages in medical malpractice actions that were created in
9Public Act 94-677, contained in Section 2-1706.5 of the Code of
10Civil Procedure, violate the separation of powers clause of the
11Illinois Constitution. Because Public Act 94-677 contained an
12inseverability provision, the Court held the Act to be void in
13its entirety. The Court emphasized, however, that "because the
14other provisions contained in Public Act 94-677 are deemed
15invalid solely on inseverability grounds, the legislature
16remains free to reenact any provisions it deems appropriate".
17    (b) It is the purpose of this Act to reenact certain
18provisions of Public Act 94-677 that did not involve
19limitations on noneconomic damages in medical malpractice
20actions and to validate certain actions taken in reliance on
21those provisions.
22    (c) This Act reenacts (i) Sections 155.18, 155.18a, 155.19,
23and 1204 of the Illinois Insurance Code; (ii) Sections 7, 22,
2423, 24, 24.1, and 36 of the Medical Practice Act of 1987; (iii)

 

 

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1Sections 2-622, 2-1704.5, 8-1901, and 8-2501 of the Code of
2Civil Procedure; and (iv) Section 30 of the Good Samaritan Act.
3In those Sections, certain effective date references and
4applicability provisions have been changed to reflect the
5reenactment. This Act does not reenact any other provisions of
6Public Act 94-677.
7    (d) Public Act 94-677 amended existing Sections 155.18,
8155.19, and 1204 of the Illinois Insurance Code and added a new
9Section 155.18a. Section 1204 was subsequently amended by
10Public Act 95-331, which was a revisory bill that combined the
11changes made by Public Act 94-277 with those made by Public Act
1294-677. Sections 155.18, 155.18a, and 155.19 have not been
13amended since the enactment of Public Act 94-677.
14    Executive Order No. 2004-6 changed the Department of
15Insurance into the Division of Insurance within the Department
16of Financial and Professional Regulation. In conformance with
17that executive order, Public Act 94-677 changed certain
18references in the affected Sections from the Director of
19Insurance to the Secretary of Financial and Professional
20Regulation. Public Act 96-811 superseded the executive order
21and re-established the Department of Insurance as a separate
22department, once again under the supervision of the Director of
23Insurance. Therefore, in reenacting these Sections, revisory
24changes have been included that conform the text to Public Act
2596-811 by changing references to the Secretary back to the
26Director. A revisory change is also made in a reference to the

 

 

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1effective date of Public Act 94-677, which is replaced by the
2actual date.
3    In this Act, the base text of the reenacted Sections is set
4forth as it existed at the time of the Supreme Court's
5decision, including any amendments that occurred after P.A.
694-677. Striking and underscoring is used only to show the
7changes being made to that base text.
8    (e) All otherwise lawful actions taken in reasonable
9reliance on or pursuant to the Sections reenacted by this Act,
10as set forth in Public Act 94-677 or subsequently amended, by
11any officer, employee, agency, or unit of State or local
12government or by any other person or entity, are hereby
13validated.
14    With respect to actions taken in relation to matters
15arising under the Sections reenacted by this Act, a person is
16rebuttably presumed to have acted in reasonable reliance on and
17pursuant to the provisions of Public Act 94-677, as those
18provisions had been amended at the time the action was taken.
19     With respect to their administration of matters arising
20under the Sections reenacted by this Act, officers, employees,
21agencies, and units of State and local government shall
22continue to apply the provisions of Public Act 94-677, as those
23provisions had been amended at the relevant time.
24    (f) This Act also contains material making new substantive
25changes. It amends Sections 2-1303 and 8-2006 of the Code of
26Civil Procedure to lower the rate of interest payable on

 

 

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1judgments; to provide for annual indexing of those rates; and
2to delay the accrual of interest in certain cases where a
3federal Medicare lien may exist against the judgment.
 
4    Section 5. The Illinois Insurance Code is amended by
5reenacting and changing Sections 155.18, 155.18a, 155.19, and
61204 as follows:
 
7    (215 ILCS 5/155.18)  (from Ch. 73, par. 767.18)
8    Sec. 155.18. (a) This Section shall apply to insurance on
9risks based upon negligence by a physician, hospital or other
10health care provider, referred to herein as medical liability
11insurance. This Section shall not apply to contracts of
12reinsurance, nor to any farm, county, district or township
13mutual insurance company transacting business under an Act
14entitled "An Act relating to local mutual district, county and
15township insurance companies", approved March 13, 1936, as now
16or hereafter amended, nor to any such company operating under a
17special charter.
18    (b) The following standards shall apply to the making and
19use of rates pertaining to all classes of medical liability
20insurance:
21        (1) Rates shall not be excessive or inadequate nor
22    shall they be unfairly discriminatory.
23        (2) Consideration shall be given, to the extent
24    applicable, to past and prospective loss experience within

 

 

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1    and outside this State, to a reasonable margin for
2    underwriting profit and contingencies, to past and
3    prospective expenses both countrywide and those especially
4    applicable to this State, and to all other factors,
5    including judgment factors, deemed relevant within and
6    outside this State.
7        Consideration may also be given in the making and use
8    of rates to dividends, savings or unabsorbed premium
9    deposits allowed or returned by companies to their
10    policyholders, members or subscribers.
11        (3) The systems of expense provisions included in the
12    rates for use by any company or group of companies may
13    differ from those of other companies or groups of companies
14    to reflect the operating methods of any such company or
15    group with respect to any kind of insurance, or with
16    respect to any subdivision or combination thereof.
17        (4) Risks may be grouped by classifications for the
18    establishment of rates and minimum premiums.
19    Classification rates may be modified to produce rates for
20    individual risks in accordance with rating plans which
21    establish standards for measuring variations in hazards or
22    expense provisions, or both. Such standards may measure any
23    difference among risks that have a probable effect upon
24    losses or expenses. Such classifications or modifications
25    of classifications of risks may be established based upon
26    size, expense, management, individual experience, location

 

 

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1    or dispersion of hazard, or any other reasonable
2    considerations and shall apply to all risks under the same
3    or substantially the same circumstances or conditions. The
4    rate for an established classification should be related
5    generally to the anticipated loss and expense factors of
6    the class.
7    (c) (1) Every company writing medical liability insurance
8shall file with the Director of Insurance Secretary of
9Financial and Professional Regulation the rates and rating
10schedules it uses for medical liability insurance. A rate shall
11go into effect upon filing, except as otherwise provided in
12this Section.
13    (2) If (i) 1% of a company's insureds within a specialty or
1425 of the company's insureds (whichever is greater) request a
15public hearing, (ii) the Director Secretary at his or her
16discretion decides to convene a public hearing, or (iii) the
17percentage increase in a company's rate is greater than 6%,
18then the Director Secretary shall convene a public hearing in
19accordance with this paragraph (2). The Director Secretary
20shall notify the public of any application by an insurer for a
21rate increase to which this paragraph (2) applies. A public
22hearing under this paragraph (2) must be concluded within 90
23days after the request, decision, or increase that gave rise to
24the hearing. The Director Secretary may, by order, adjust a
25rate or take any other appropriate action at the conclusion of
26the hearing.

 

 

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1    (3) A rate filing shall occur upon a company's commencement
2of medical liability insurance business in this State and
3thereafter as often as the rates are changed or amended.
4    (4) For the purposes of this Section, any change in premium
5to the company's insureds as a result of a change in the
6company's base rates or a change in its increased limits
7factors shall constitute a change in rates and shall require a
8filing with the Director Secretary.
9    (5) It shall be certified in such filing by an officer of
10the company and a qualified actuary that the company's rates
11are based on sound actuarial principles and are not
12inconsistent with the company's experience. The Director
13Secretary may request any additional statistical data and other
14pertinent information necessary to determine the manner the
15company used to set the filed rates and the reasonableness of
16those rates. This data and information shall be made available,
17on a company-by-company basis, to the general public.
18    (d) If after a public hearing the Director Secretary finds:
19        (1) that any rate, rating plan or rating system
20    violates the provisions of this Section applicable to it,
21    he shall issue an order to the company which has been the
22    subject of the hearing specifying in what respects such
23    violation exists and, in that order, may adjust the rate;
24        (2) that the violation of any of the provisions of this
25    Section by any company which has been the subject of the
26    hearing was wilful or that any company has repeatedly

 

 

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1    violated any provision of this Section, he may take either
2    or both of the following actions:
3            (A) Suspend or revoke, in whole or in part, the
4        certificate of authority of such company with respect
5        to the class of insurance which has been the subject of
6        the hearing.
7            (B) Impose a penalty of up to $1,000 against the
8        company for each violation. Each day during which a
9        violation occurs constitutes a separate violation.
10    The burden is on the company to justify the rate or
11proposed rate at the public hearing.
12    (e) Every company writing medical liability insurance in
13this State shall offer to each of its medical liability
14insureds the option to make premium payments in quarterly
15installments as prescribed by and filed with the Director
16Secretary. This offer shall be included in the initial offer or
17in the first policy renewal occurring after August 25, 2005 the
18effective date of this amendatory Act of the 94th General
19Assembly, but no earlier than January 1, 2006.
20    (f) Every company writing medical liability insurance is
21encouraged, but not required, to offer the opportunity for
22participation in a plan offering deductibles to its medical
23liability insureds. Any plan to offer deductibles shall be
24filed with the Department.
25    (g) Every company writing medical liability insurance is
26encouraged, but not required, to offer their medical liability

 

 

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1insureds a plan providing premium discounts for participation
2in risk management activities. Any such plan shall be reported
3to the Department.
4    (h) A company writing medical liability insurance in
5Illinois must give 180 days' notice before the company
6discontinues the writing of medical liability insurance in
7Illinois.
8(Source: P.A. 94-677, eff. 8-25-05.)
 
9    (215 ILCS 5/155.18a)
10    Sec. 155.18a. Professional Liability Insurance Resource
11Center. The Director of Insurance Secretary of Financial and
12Professional Regulation shall establish a Professional
13Liability Insurance Resource Center on the Department's
14Internet website containing the name, telephone number, and
15base rates of each licensed company providing medical liability
16insurance and the name, address, and telephone number of each
17producer who sells medical liability insurance and the name of
18each licensed company for which the producer sells medical
19liability insurance. Each company and producer shall submit the
20information to the Department on or before September 30 of each
21year in order to be listed on the website. Hyperlinks to
22company websites shall be included, if available. The
23publication of the information on the Department's website
24shall commence on January 1, 2006. The Department shall update
25the information on the Professional Liability Insurance

 

 

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1Resource Center at least annually.
2(Source: P.A. 94-677, eff. 8-25-05.)
 
3    (215 ILCS 5/155.19)  (from Ch. 73, par. 767.19)
4    Sec. 155.19. All claims filed after December 31, 1976 with
5any insurer and all suits filed after December 31, 1976 in any
6court in this State, alleging liability on the part of any
7physician, hospital or other health care provider for medically
8related injuries, shall be reported to the Director of
9Insurance Secretary of Financial and Professional Regulation
10in such form and under such terms and conditions as may be
11prescribed by the Director Secretary. In addition, and
12notwithstanding any other provision of law to the contrary, any
13insurer, stop loss insurer, captive insurer, risk retention
14group, county risk retention trust, religious or charitable
15risk pooling trust, surplus line insurer, or other entity
16authorized or permitted by law to provide medical liability
17insurance in this State shall report to the Director Secretary,
18in such form and under such terms and conditions as may be
19prescribed by the Director Secretary, all claims filed after
20December 31, 2005 and all suits filed after December 31, 2005
21in any court in this State alleging liability on the part of
22any physician, hospital, or health care provider for medically
23related injuries. Each clerk of the circuit court shall provide
24to the Director Secretary such information as the Director
25Secretary may deem necessary to verify the accuracy and

 

 

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1completeness of reports made to the Director Secretary under
2this Section. The Director Secretary shall maintain complete
3and accurate records of all claims and suits including their
4nature, amount, disposition (categorized by verdict,
5settlement, dismissal, or otherwise and including disposition
6of any post-trial motions and types of damages awarded, if any,
7including but not limited to economic damages and non-economic
8damages) and other information as he may deem useful or
9desirable in observing and reporting on health care provider
10liability trends in this State. Records received by the
11Director Secretary under this Section shall be available to the
12general public; however, the records made available to the
13general public shall not include the names or addresses of the
14parties to any claims or suits. The Director Secretary shall
15release to appropriate disciplinary and licensing agencies any
16such data or information which may assist such agencies in
17improving the quality of health care or which may be useful to
18such agencies for the purpose of professional discipline.
19    With due regard for appropriate maintenance of the
20confidentiality thereof, the Director Secretary shall release,
21on an annual basis, to the Governor, the General Assembly and
22the general public statistical reports based on such data and
23information.
24    If the Director Secretary finds that any entity required to
25report information in its possession under this Section has
26violated any provision of this Section by filing late,

 

 

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1incomplete, or inaccurate reports, the Director Secretary may
2fine the entity up to $1,000 for each offense. Each day during
3which a violation occurs constitutes a separate offense.
4    The Director Secretary may promulgate such rules and
5regulations as may be necessary to carry out the provisions of
6this Section.
7(Source: P.A. 94-677, eff. 8-25-05.)
 
8    (215 ILCS 5/1204)  (from Ch. 73, par. 1065.904)
9    Sec. 1204. (A) The Director Secretary shall promulgate
10rules and regulations which shall require each insurer licensed
11to write property or casualty insurance in the State and each
12syndicate doing business on the Illinois Insurance Exchange to
13record and report its loss and expense experience and other
14data as may be necessary to assess the relationship of
15insurance premiums and related income as compared to insurance
16costs and expenses. The Director Secretary may designate one or
17more rate service organizations or advisory organizations to
18gather and compile such experience and data. The Director
19Secretary shall require each insurer licensed to write property
20or casualty insurance in this State and each syndicate doing
21business on the Illinois Insurance Exchange to submit a report,
22on a form furnished by the Director Secretary, showing its
23direct writings in this State and companywide.
24    (B) Such report required by subsection (A) of this Section
25may include, but not be limited to, the following specific

 

 

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1types of insurance written by such insurer:
2        (1) Political subdivision liability insurance reported
3    separately in the following categories:
4            (a) municipalities;
5            (b) school districts;
6            (c) other political subdivisions;
7        (2) Public official liability insurance;
8        (3) Dram shop liability insurance;
9        (4) Day care center liability insurance;
10        (5) Labor, fraternal or religious organizations
11    liability insurance;
12        (6) Errors and omissions liability insurance;
13        (7) Officers and directors liability insurance
14    reported separately as follows:
15            (a) non-profit entities;
16            (b) for-profit entities;
17        (8) Products liability insurance;
18        (9) Medical malpractice insurance;
19        (10) Attorney malpractice insurance;
20        (11) Architects and engineers malpractice insurance;
21    and
22        (12) Motor vehicle insurance reported separately for
23    commercial and private passenger vehicles as follows:
24            (a) motor vehicle physical damage insurance;
25            (b) motor vehicle liability insurance.
26    (C) Such report may include, but need not be limited to the

 

 

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1following data, both specific to this State and companywide, in
2the aggregate or by type of insurance for the previous year on
3a calendar year basis:
4        (1) Direct premiums written;
5        (2) Direct premiums earned;
6        (3) Number of policies;
7        (4) Net investment income, using appropriate estimates
8    where necessary;
9        (5) Losses paid;
10        (6) Losses incurred;
11        (7) Loss reserves:
12            (a) Losses unpaid on reported claims;
13            (b) Losses unpaid on incurred but not reported
14        claims;
15        (8) Number of claims:
16            (a) Paid claims;
17            (b) Arising claims;
18        (9) Loss adjustment expenses:
19            (a) Allocated loss adjustment expenses;
20            (b) Unallocated loss adjustment expenses;
21        (10) Net underwriting gain or loss;
22        (11) Net operation gain or loss, including net
23    investment income;
24        (12) Any other information requested by the Director
25    Secretary.
26    (C-3) Additional information by an advisory organization

 

 

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1as defined in Section 463 of this Code.
2        (1) An advisory organization as defined in Section 463
3    of this Code shall report annually the following
4    information in such format as may be prescribed by the
5    Director Secretary:
6            (a) paid and incurred losses for each of the past
7        10 years;
8            (b) medical payments and medical charges, if
9        collected, for each of the past 10 years;
10            (c) the following indemnity payment information:
11        cumulative payments by accident year by calendar year
12        of development. This array will show payments made and
13        frequency of claims in the following categories:
14        medical only, permanent partial disability (PPD),
15        permanent total disability (PTD), temporary total
16        disability (TTD), and fatalities;
17            (d) injuries by frequency and severity;
18            (e) by class of employee.
19        (2) The report filed with the Director Secretary of
20    Financial and Professional Regulation under paragraph (1)
21    of this subsection (C-3) shall be made available, on an
22    aggregate basis, to the General Assembly and to the general
23    public. The identity of the petitioner, the respondent, the
24    attorneys, and the insurers shall not be disclosed.
25        (3) Reports required under this subsection (C-3) shall
26    be filed with the Director Secretary no later than

 

 

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1    September 1 in 2006 and no later than September 1 of each
2    year thereafter.
3    (C-5) Additional information required from medical
4malpractice insurers.
5        (1) In addition to the other requirements of this
6    Section, the following information shall be included in the
7    report required by subsection (A) of this Section in such
8    form and under such terms and conditions as may be
9    prescribed by the Director Secretary:
10            (a) paid and incurred losses by county for each of
11        the past 10 policy years;
12            (b) earned exposures by ISO code, policy type, and
13        policy year by county for each of the past 10 years;
14        and
15            (c) the following actuarial information:
16                (i) Base class and territory equivalent
17            exposures by report year by relative accident
18            year.
19                (ii) Cumulative loss array by accident year by
20            calendar year of development. This array will show
21            frequency of claims in the following categories:
22            open, closed with indemnity (CWI), closed with
23            expense (CWE), and closed no pay (CNP); paid
24            severity in the following categories: indemnity
25            and allocated loss adjustment expenses (ALAE) on
26            closed claims; and indemnity and expense reserves

 

 

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1            on pending claims.
2                (iii) Cumulative loss array by report year by
3            calendar year of development. This array will show
4            frequency of claims in the following categories:
5            open, closed with indemnity (CWI), closed with
6            expense (CWE), and closed no pay (CNP); paid
7            severity in the following categories: indemnity
8            and allocated loss adjustment expenses (ALAE) on
9            closed claims; and indemnity and expense reserves
10            on pending claims.
11                (iv) Maturity year and tail factors.
12                (v) Any expense, contingency ddr (death,
13            disability, and retirement), commission, tax,
14            and/or off-balance factors.
15        (2) The following information must also be annually
16    provided to the Department:
17            (a) copies of the company's reserve and surplus
18        studies; and
19            (b) consulting actuarial report and data
20        supporting the company's rate filing.
21        (3) All information collected by the Director
22    Secretary under paragraphs (1) and (2) shall be made
23    available, on a company-by-company basis, to the General
24    Assembly and the general public. This provision shall
25    supersede any other provision of State law that may
26    otherwise protect such information from public disclosure

 

 

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1    as confidential.
2    (D) In addition to the information which may be requested
3under subsection (C), the Director Secretary may also request
4on a companywide, aggregate basis, Federal Income Tax
5recoverable, net realized capital gain or loss, net unrealized
6capital gain or loss, and all other expenses not requested in
7subsection (C) above.
8    (E) Violations - Suspensions - Revocations.
9        (1) Any company or person subject to this Article, who
10    willfully or repeatedly fails to observe or who otherwise
11    violates any of the provisions of this Article or any rule
12    or regulation promulgated by the Director Secretary under
13    authority of this Article or any final order of the
14    Director Secretary entered under the authority of this
15    Article shall by civil penalty forfeit to the State of
16    Illinois a sum not to exceed $2,000. Each day during which
17    a violation occurs constitutes a separate offense.
18        (2) No forfeiture liability under paragraph (1) of this
19    subsection may attach unless a written notice of apparent
20    liability has been issued by the Director Secretary and
21    received by the respondent, or the Director Secretary sends
22    written notice of apparent liability by registered or
23    certified mail, return receipt requested, to the last known
24    address of the respondent. Any respondent so notified must
25    be granted an opportunity to request a hearing within 10
26    days from receipt of notice, or to show in writing, why he

 

 

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1    should not be held liable. A notice issued under this
2    Section must set forth the date, facts and nature of the
3    act or omission with which the respondent is charged and
4    must specifically identify the particular provision of
5    this Article, rule, regulation or order of which a
6    violation is charged.
7        (3) No forfeiture liability under paragraph (1) of this
8    subsection may attach for any violation occurring more than
9    2 years prior to the date of issuance of the notice of
10    apparent liability and in no event may the total civil
11    penalty forfeiture imposed for the acts or omissions set
12    forth in any one notice of apparent liability exceed
13    $100,000.
14        (4) All administrative hearings conducted pursuant to
15    this Article are subject to 50 Ill. Adm. Code 2402 and all
16    administrative hearings are subject to the Administrative
17    Review Law.
18        (5) The civil penalty forfeitures provided for in this
19    Section are payable to the General Revenue Fund of the
20    State of Illinois, and may be recovered in a civil suit in
21    the name of the State of Illinois brought in the Circuit
22    Court in Sangamon County or in the Circuit Court of the
23    county where the respondent is domiciled or has its
24    principal operating office.
25        (6) In any case where the Director Secretary issues a
26    notice of apparent liability looking toward the imposition

 

 

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1    of a civil penalty forfeiture under this Section that fact
2    may not be used in any other proceeding before the Director
3    Secretary to the prejudice of the respondent to whom the
4    notice was issued, unless (a) the civil penalty forfeiture
5    has been paid, or (b) a court has ordered payment of the
6    civil penalty forfeiture and that order has become final.
7        (7) When any person or company has a license or
8    certificate of authority under this Code and knowingly
9    fails or refuses to comply with a lawful order of the
10    Director Secretary requiring compliance with this Article,
11    entered after notice and hearing, within the period of time
12    specified in the order, the Director Secretary may, in
13    addition to any other penalty or authority provided, revoke
14    or refuse to renew the license or certificate of authority
15    of such person or company, or may suspend the license or
16    certificate of authority of such person or company until
17    compliance with such order has been obtained.
18        (8) When any person or company has a license or
19    certificate of authority under this Code and knowingly
20    fails or refuses to comply with any provisions of this
21    Article, the Director Secretary may, after notice and
22    hearing, in addition to any other penalty provided, revoke
23    or refuse to renew the license or certificate of authority
24    of such person or company, or may suspend the license or
25    certificate of authority of such person or company, until
26    compliance with such provision of this Article has been

 

 

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1    obtained.
2        (9) No suspension or revocation under this Section may
3    become effective until 5 days from the date that the notice
4    of suspension or revocation has been personally delivered
5    or delivered by registered or certified mail to the company
6    or person. A suspension or revocation under this Section is
7    stayed upon the filing, by the company or person, of a
8    petition for judicial review under the Administrative
9    Review Law.
10(Source: P.A. 94-277, eff. 7-20-05; 94-677, eff. 8-25-05;
1195-331, eff. 8-21-07.)
 
12    Section 10. The Medical Practice Act of 1987 is amended by
13reenacting and changing Sections 7, 22, 23, 24, 24.1, and 36 as
14follows:
 
15    (225 ILCS 60/7)  (from Ch. 111, par. 4400-7)
16    (Section scheduled to be repealed on November 30, 2011)
17    Sec. 7. Medical Disciplinary Board.
18    (A) There is hereby created the Illinois State Medical
19Disciplinary Board (hereinafter referred to as the
20"Disciplinary Board"). The Disciplinary Board shall consist of
2111 members, to be appointed by the Governor by and with the
22advice and consent of the Senate. All members shall be
23residents of the State, not more than 6 of whom shall be
24members of the same political party. All members shall be

 

 

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1voting members. Five members shall be physicians licensed to
2practice medicine in all of its branches in Illinois possessing
3the degree of doctor of medicine, and it shall be the goal that
4at least one of the members practice in the field of
5neurosurgery, one of the members practice in the field of
6obstetrics and gynecology, and one of the members practice in
7the field of cardiology. One member shall be a physician
8licensed to practice in Illinois possessing the degree of
9doctor of osteopathy or osteopathic medicine. One member shall
10be a physician licensed to practice in Illinois and possessing
11the degree of doctor of chiropractic. Four members shall be
12members of the public, who shall not be engaged in any way,
13directly or indirectly, as providers of health care.
14    (B) Members of the Disciplinary Board shall be appointed
15for terms of 4 years. Upon the expiration of the term of any
16member, their successor shall be appointed for a term of 4
17years by the Governor by and with the advice and consent of the
18Senate. The Governor shall fill any vacancy for the remainder
19of the unexpired term by and with the advice and consent of the
20Senate. Upon recommendation of the Board, any member of the
21Disciplinary Board may be removed by the Governor for
22misfeasance, malfeasance, or wilful neglect of duty, after
23notice, and a public hearing, unless such notice and hearing
24shall be expressly waived in writing. Each member shall serve
25on the Disciplinary Board until their successor is appointed
26and qualified. No member of the Disciplinary Board shall serve

 

 

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1more than 2 consecutive 4 year terms.
2    In making appointments the Governor shall attempt to insure
3that the various social and geographic regions of the State of
4Illinois are properly represented.
5    In making the designation of persons to act for the several
6professions represented on the Disciplinary Board, the
7Governor shall give due consideration to recommendations by
8members of the respective professions and by organizations
9therein.
10    (C) The Disciplinary Board shall annually elect one of its
11voting members as chairperson and one as vice chairperson. No
12officer shall be elected more than twice in succession to the
13same office. Each officer shall serve until their successor has
14been elected and qualified.
15    (D) (Blank).
16    (E) Six voting members of the Disciplinary Board, at least
174 of whom are physicians, shall constitute a quorum. A vacancy
18in the membership of the Disciplinary Board shall not impair
19the right of a quorum to exercise all the rights and perform
20all the duties of the Disciplinary Board. Any action taken by
21the Disciplinary Board under this Act may be authorized by
22resolution at any regular or special meeting and each such
23resolution shall take effect immediately. The Disciplinary
24Board shall meet at least quarterly. The Disciplinary Board is
25empowered to adopt all rules and regulations necessary and
26incident to the powers granted to it under this Act.

 

 

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1    (F) Each member, and member-officer, of the Disciplinary
2Board shall receive a per diem stipend as the Secretary of the
3Department, hereinafter referred to as the Secretary, shall
4determine. The Secretary shall also determine the per diem
5stipend that each ex-officio member shall receive. Each member
6shall be paid their necessary expenses while engaged in the
7performance of their duties.
8    (G) The Secretary shall select a Chief Medical Coordinator
9and not less than 2 Deputy Medical Coordinators who shall not
10be members of the Disciplinary Board. Each medical coordinator
11shall be a physician licensed to practice medicine in all of
12its branches, and the Secretary shall set their rates of
13compensation. The Secretary shall assign at least one medical
14coordinator to a region composed of Cook County and such other
15counties as the Secretary may deem appropriate, and such
16medical coordinator or coordinators shall locate their office
17in Chicago. The Secretary shall assign at least one medical
18coordinator to a region composed of the balance of counties in
19the State, and such medical coordinator or coordinators shall
20locate their office in Springfield. Each medical coordinator
21shall be the chief enforcement officer of this Act in his or
22her assigned region and shall serve at the will of the
23Disciplinary Board.
24    The Secretary shall employ, in conformity with the
25Personnel Code, not less than one full time investigator for
26every 2,500 physicians licensed in the State. Each investigator

 

 

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1shall be a college graduate with at least 2 years'
2investigative experience or one year advanced medical
3education. Upon the written request of the Disciplinary Board,
4the Secretary shall employ, in conformity with the Personnel
5Code, such other professional, technical, investigative, and
6clerical help, either on a full or part-time basis as the
7Disciplinary Board deems necessary for the proper performance
8of its duties.
9    (H) Upon the specific request of the Disciplinary Board,
10signed by either the chairman, vice chairman, or a medical
11coordinator of the Disciplinary Board, the Department of Human
12Services or the Department of State Police shall make available
13any and all information that they have in their possession
14regarding a particular case then under investigation by the
15Disciplinary Board.
16    (I) Members of the Disciplinary Board shall be immune from
17suit in any action based upon any disciplinary proceedings or
18other acts performed in good faith as members of the
19Disciplinary Board.
20    (J) The Disciplinary Board may compile and establish a
21statewide roster of physicians and other medical
22professionals, including the several medical specialties, of
23such physicians and medical professionals, who have agreed to
24serve from time to time as advisors to the medical
25coordinators. Such advisors shall assist the medical
26coordinators or the Disciplinary Board in their investigations

 

 

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1and participation in complaints against physicians. Such
2advisors shall serve under contract and shall be reimbursed at
3a reasonable rate for the services provided, plus reasonable
4expenses incurred. While serving in this capacity, the advisor,
5for any act undertaken in good faith and in the conduct of
6their duties under this Section, shall be immune from civil
7suit.
8(Source: P.A. 93-138, eff. 7-10-03; 94-677, eff. 8-25-05.)
 
9    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
10    (Section scheduled to be repealed on November 30, 2011)
11    Sec. 22. Disciplinary action.
12    (A) The Department may revoke, suspend, place on
13probationary status, refuse to renew, or take any other
14disciplinary action as the Department may deem proper with
15regard to the license or visiting professor permit of any
16person issued under this Act to practice medicine, or to treat
17human ailments without the use of drugs and without operative
18surgery upon any of the following grounds:
19        (1) Performance of an elective abortion in any place,
20    locale, facility, or institution other than:
21            (a) a facility licensed pursuant to the Ambulatory
22        Surgical Treatment Center Act;
23            (b) an institution licensed under the Hospital
24        Licensing Act;
25            (c) an ambulatory surgical treatment center or

 

 

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1        hospitalization or care facility maintained by the
2        State or any agency thereof, where such department or
3        agency has authority under law to establish and enforce
4        standards for the ambulatory surgical treatment
5        centers, hospitalization, or care facilities under its
6        management and control;
7            (d) ambulatory surgical treatment centers,
8        hospitalization or care facilities maintained by the
9        Federal Government; or
10            (e) ambulatory surgical treatment centers,
11        hospitalization or care facilities maintained by any
12        university or college established under the laws of
13        this State and supported principally by public funds
14        raised by taxation.
15        (2) Performance of an abortion procedure in a wilful
16    and wanton manner on a woman who was not pregnant at the
17    time the abortion procedure was performed.
18        (3) The conviction of a felony in this or any other
19    jurisdiction, except as otherwise provided in subsection B
20    of this Section, whether or not related to practice under
21    this Act, or the entry of a guilty or nolo contendere plea
22    to a felony charge.
23        (4) Gross negligence in practice under this Act.
24        (5) Engaging in dishonorable, unethical or
25    unprofessional conduct of a character likely to deceive,
26    defraud or harm the public.

 

 

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1        (6) Obtaining any fee by fraud, deceit, or
2    misrepresentation.
3        (7) Habitual or excessive use or abuse of drugs defined
4    in law as controlled substances, of alcohol, or of any
5    other substances which results in the inability to practice
6    with reasonable judgment, skill or safety.
7        (8) Practicing under a false or, except as provided by
8    law, an assumed name.
9        (9) Fraud or misrepresentation in applying for, or
10    procuring, a license under this Act or in connection with
11    applying for renewal of a license under this Act.
12        (10) Making a false or misleading statement regarding
13    their skill or the efficacy or value of the medicine,
14    treatment, or remedy prescribed by them at their direction
15    in the treatment of any disease or other condition of the
16    body or mind.
17        (11) Allowing another person or organization to use
18    their license, procured under this Act, to practice.
19        (12) Disciplinary action of another state or
20    jurisdiction against a license or other authorization to
21    practice as a medical doctor, doctor of osteopathy, doctor
22    of osteopathic medicine or doctor of chiropractic, a
23    certified copy of the record of the action taken by the
24    other state or jurisdiction being prima facie evidence
25    thereof.
26        (13) Violation of any provision of this Act or of the

 

 

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1    Medical Practice Act prior to the repeal of that Act, or
2    violation of the rules, or a final administrative action of
3    the Secretary, after consideration of the recommendation
4    of the Disciplinary Board.
5        (14) Violation of the prohibition against fee
6    splitting in Section 22.2 of this Act.
7        (15) A finding by the Medical Disciplinary Board that
8    the registrant after having his or her license placed on
9    probationary status or subjected to conditions or
10    restrictions violated the terms of the probation or failed
11    to comply with such terms or conditions.
12        (16) Abandonment of a patient.
13        (17) Prescribing, selling, administering,
14    distributing, giving or self-administering any drug
15    classified as a controlled substance (designated product)
16    or narcotic for other than medically accepted therapeutic
17    purposes.
18        (18) Promotion of the sale of drugs, devices,
19    appliances or goods provided for a patient in such manner
20    as to exploit the patient for financial gain of the
21    physician.
22        (19) Offering, undertaking or agreeing to cure or treat
23    disease by a secret method, procedure, treatment or
24    medicine, or the treating, operating or prescribing for any
25    human condition by a method, means or procedure which the
26    licensee refuses to divulge upon demand of the Department.

 

 

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1        (20) Immoral conduct in the commission of any act
2    including, but not limited to, commission of an act of
3    sexual misconduct related to the licensee's practice.
4        (21) Wilfully making or filing false records or reports
5    in his or her practice as a physician, including, but not
6    limited to, false records to support claims against the
7    medical assistance program of the Department of Healthcare
8    and Family Services (formerly Department of Public Aid)
9    under the Illinois Public Aid Code.
10        (22) Wilful omission to file or record, or wilfully
11    impeding the filing or recording, or inducing another
12    person to omit to file or record, medical reports as
13    required by law, or wilfully failing to report an instance
14    of suspected abuse or neglect as required by law.
15        (23) Being named as a perpetrator in an indicated
16    report by the Department of Children and Family Services
17    under the Abused and Neglected Child Reporting Act, and
18    upon proof by clear and convincing evidence that the
19    licensee has caused a child to be an abused child or
20    neglected child as defined in the Abused and Neglected
21    Child Reporting Act.
22        (24) Solicitation of professional patronage by any
23    corporation, agents or persons, or profiting from those
24    representing themselves to be agents of the licensee.
25        (25) Gross and wilful and continued overcharging for
26    professional services, including filing false statements

 

 

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1    for collection of fees for which services are not rendered,
2    including, but not limited to, filing such false statements
3    for collection of monies for services not rendered from the
4    medical assistance program of the Department of Healthcare
5    and Family Services (formerly Department of Public Aid)
6    under the Illinois Public Aid Code.
7        (26) A pattern of practice or other behavior which
8    demonstrates incapacity or incompetence to practice under
9    this Act.
10        (27) Mental illness or disability which results in the
11    inability to practice under this Act with reasonable
12    judgment, skill or safety.
13        (28) Physical illness, including, but not limited to,
14    deterioration through the aging process, or loss of motor
15    skill which results in a physician's inability to practice
16    under this Act with reasonable judgment, skill or safety.
17        (29) Cheating on or attempt to subvert the licensing
18    examinations administered under this Act.
19        (30) Wilfully or negligently violating the
20    confidentiality between physician and patient except as
21    required by law.
22        (31) The use of any false, fraudulent, or deceptive
23    statement in any document connected with practice under
24    this Act.
25        (32) Aiding and abetting an individual not licensed
26    under this Act in the practice of a profession licensed

 

 

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1    under this Act.
2        (33) Violating state or federal laws or regulations
3    relating to controlled substances, legend drugs, or
4    ephedra, as defined in the Ephedra Prohibition Act.
5        (34) Failure to report to the Department any adverse
6    final action taken against them by another licensing
7    jurisdiction (any other state or any territory of the
8    United States or any foreign state or country), by any peer
9    review body, by any health care institution, by any
10    professional society or association related to practice
11    under this Act, by any governmental agency, by any law
12    enforcement agency, or by any court for acts or conduct
13    similar to acts or conduct which would constitute grounds
14    for action as defined in this Section.
15        (35) Failure to report to the Department surrender of a
16    license or authorization to practice as a medical doctor, a
17    doctor of osteopathy, a doctor of osteopathic medicine, or
18    doctor of chiropractic in another state or jurisdiction, or
19    surrender of membership on any medical staff or in any
20    medical or professional association or society, while
21    under disciplinary investigation by any of those
22    authorities or bodies, for acts or conduct similar to acts
23    or conduct which would constitute grounds for action as
24    defined in this Section.
25        (36) Failure to report to the Department any adverse
26    judgment, settlement, or award arising from a liability

 

 

SB1887- 33 -LRB097 08724 AMC 48853 b

1    claim related to acts or conduct similar to acts or conduct
2    which would constitute grounds for action as defined in
3    this Section.
4        (37) Failure to provide copies of medical records as
5    required by law.
6        (38) Failure to furnish the Department, its
7    investigators or representatives, relevant information,
8    legally requested by the Department after consultation
9    with the Chief Medical Coordinator or the Deputy Medical
10    Coordinator.
11        (39) Violating the Health Care Worker Self-Referral
12    Act.
13        (40) Willful failure to provide notice when notice is
14    required under the Parental Notice of Abortion Act of 1995.
15        (41) Failure to establish and maintain records of
16    patient care and treatment as required by this law.
17        (42) Entering into an excessive number of written
18    collaborative agreements with licensed advanced practice
19    nurses resulting in an inability to adequately
20    collaborate.
21        (43) Repeated failure to adequately collaborate with a
22    licensed advanced practice nurse.
23    Except for actions involving the ground numbered (26), all
24proceedings to suspend, revoke, place on probationary status,
25or take any other disciplinary action as the Department may
26deem proper, with regard to a license on any of the foregoing

 

 

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1grounds, must be commenced within 5 years next after receipt by
2the Department of a complaint alleging the commission of or
3notice of the conviction order for any of the acts described
4herein. Except for the grounds numbered (8), (9), (26), and
5(29), no action shall be commenced more than 10 years after the
6date of the incident or act alleged to have violated this
7Section. For actions involving the ground numbered (26), a
8pattern of practice or other behavior includes all incidents
9alleged to be part of the pattern of practice or other behavior
10that occurred or a report pursuant to Section 23 of this Act
11received within the 10-year period preceding the filing of the
12complaint. In the event of the settlement of any claim or cause
13of action in favor of the claimant or the reduction to final
14judgment of any civil action in favor of the plaintiff, such
15claim, cause of action or civil action being grounded on the
16allegation that a person licensed under this Act was negligent
17in providing care, the Department shall have an additional
18period of 2 years from the date of notification to the
19Department under Section 23 of this Act of such settlement or
20final judgment in which to investigate and commence formal
21disciplinary proceedings under Section 36 of this Act, except
22as otherwise provided by law. The time during which the holder
23of the license was outside the State of Illinois shall not be
24included within any period of time limiting the commencement of
25disciplinary action by the Department.
26    The entry of an order or judgment by any circuit court

 

 

SB1887- 35 -LRB097 08724 AMC 48853 b

1establishing that any person holding a license under this Act
2is a person in need of mental treatment operates as a
3suspension of that license. That person may resume their
4practice only upon the entry of a Departmental order based upon
5a finding by the Medical Disciplinary Board that they have been
6determined to be recovered from mental illness by the court and
7upon the Disciplinary Board's recommendation that they be
8permitted to resume their practice.
9    The Department may refuse to issue or take disciplinary
10action concerning the license of any person who fails to file a
11return, or to pay the tax, penalty or interest shown in a filed
12return, or to pay any final assessment of tax, penalty or
13interest, as required by any tax Act administered by the
14Illinois Department of Revenue, until such time as the
15requirements of any such tax Act are satisfied as determined by
16the Illinois Department of Revenue.
17    The Department, upon the recommendation of the
18Disciplinary Board, shall adopt rules which set forth standards
19to be used in determining:
20        (a) when a person will be deemed sufficiently
21    rehabilitated to warrant the public trust;
22        (b) what constitutes dishonorable, unethical or
23    unprofessional conduct of a character likely to deceive,
24    defraud, or harm the public;
25        (c) what constitutes immoral conduct in the commission
26    of any act, including, but not limited to, commission of an

 

 

SB1887- 36 -LRB097 08724 AMC 48853 b

1    act of sexual misconduct related to the licensee's
2    practice; and
3        (d) what constitutes gross negligence in the practice
4    of medicine.
5    However, no such rule shall be admissible into evidence in
6any civil action except for review of a licensing or other
7disciplinary action under this Act.
8    In enforcing this Section, the Medical Disciplinary Board,
9upon a showing of a possible violation, may compel any
10individual licensed to practice under this Act, or who has
11applied for licensure or a permit pursuant to this Act, to
12submit to a mental or physical examination, or both, as
13required by and at the expense of the Department. The examining
14physician or physicians shall be those specifically designated
15by the Disciplinary Board. The Medical Disciplinary Board or
16the Department may order the examining physician to present
17testimony concerning this mental or physical examination of the
18licensee or applicant. No information shall be excluded by
19reason of any common law or statutory privilege relating to
20communication between the licensee or applicant and the
21examining physician. The individual to be examined may have, at
22his or her own expense, another physician of his or her choice
23present during all aspects of the examination. Failure of any
24individual to submit to mental or physical examination, when
25directed, shall be grounds for suspension of his or her license
26until such time as the individual submits to the examination if

 

 

SB1887- 37 -LRB097 08724 AMC 48853 b

1the Disciplinary Board finds, after notice and hearing, that
2the refusal to submit to the examination was without reasonable
3cause. If the Disciplinary Board finds a physician unable to
4practice because of the reasons set forth in this Section, the
5Disciplinary Board shall require such physician to submit to
6care, counseling, or treatment by physicians approved or
7designated by the Disciplinary Board, as a condition for
8continued, reinstated, or renewed licensure to practice. Any
9physician, whose license was granted pursuant to Sections 9,
1017, or 19 of this Act, or, continued, reinstated, renewed,
11disciplined or supervised, subject to such terms, conditions or
12restrictions who shall fail to comply with such terms,
13conditions or restrictions, or to complete a required program
14of care, counseling, or treatment, as determined by the Chief
15Medical Coordinator or Deputy Medical Coordinators, shall be
16referred to the Secretary for a determination as to whether the
17licensee shall have their license suspended immediately,
18pending a hearing by the Disciplinary Board. In instances in
19which the Secretary immediately suspends a license under this
20Section, a hearing upon such person's license must be convened
21by the Disciplinary Board within 15 days after such suspension
22and completed without appreciable delay. The Disciplinary
23Board shall have the authority to review the subject
24physician's record of treatment and counseling regarding the
25impairment, to the extent permitted by applicable federal
26statutes and regulations safeguarding the confidentiality of

 

 

SB1887- 38 -LRB097 08724 AMC 48853 b

1medical records.
2    An individual licensed under this Act, affected under this
3Section, shall be afforded an opportunity to demonstrate to the
4Disciplinary Board that they can resume practice in compliance
5with acceptable and prevailing standards under the provisions
6of their license.
7    The Department may promulgate rules for the imposition of
8fines in disciplinary cases, not to exceed $10,000 for each
9violation of this Act. Fines may be imposed in conjunction with
10other forms of disciplinary action, but shall not be the
11exclusive disposition of any disciplinary action arising out of
12conduct resulting in death or injury to a patient. Any funds
13collected from such fines shall be deposited in the Medical
14Disciplinary Fund.
15    (B) The Department shall revoke the license or visiting
16permit of any person issued under this Act to practice medicine
17or to treat human ailments without the use of drugs and without
18operative surgery, who has been convicted a second time of
19committing any felony under the Illinois Controlled Substances
20Act or the Methamphetamine Control and Community Protection
21Act, or who has been convicted a second time of committing a
22Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois
23Public Aid Code. A person whose license or visiting permit is
24revoked under this subsection B of Section 22 of this Act shall
25be prohibited from practicing medicine or treating human
26ailments without the use of drugs and without operative

 

 

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1surgery.
2    (C) The Medical Disciplinary Board shall recommend to the
3Department civil penalties and any other appropriate
4discipline in disciplinary cases when the Board finds that a
5physician willfully performed an abortion with actual
6knowledge that the person upon whom the abortion has been
7performed is a minor or an incompetent person without notice as
8required under the Parental Notice of Abortion Act of 1995.
9Upon the Board's recommendation, the Department shall impose,
10for the first violation, a civil penalty of $1,000 and for a
11second or subsequent violation, a civil penalty of $5,000.
12(Source: P.A. 94-566, eff. 9-11-05; 94-677, eff. 8-25-05;
1395-331, eff. 8-21-07; 96-608, eff. 8-24-09; 96-1000, eff.
147-2-10.)
 
15    (225 ILCS 60/23)  (from Ch. 111, par. 4400-23)
16    (Section scheduled to be repealed on November 30, 2011)
17    Sec. 23. Reports relating to professional conduct and
18capacity.
19    (A) Entities required to report.
20        (1) Health care institutions. The chief administrator
21    or executive officer of any health care institution
22    licensed by the Illinois Department of Public Health shall
23    report to the Disciplinary Board when any person's clinical
24    privileges are terminated or are restricted based on a
25    final determination, in accordance with that institution's

 

 

SB1887- 40 -LRB097 08724 AMC 48853 b

1    by-laws or rules and regulations, that a person has either
2    committed an act or acts which may directly threaten
3    patient care, and not of an administrative nature, or that
4    a person may be mentally or physically disabled in such a
5    manner as to endanger patients under that person's care.
6    Such officer also shall report if a person accepts
7    voluntary termination or restriction of clinical
8    privileges in lieu of formal action based upon conduct
9    related directly to patient care and not of an
10    administrative nature, or in lieu of formal action seeking
11    to determine whether a person may be mentally or physically
12    disabled in such a manner as to endanger patients under
13    that person's care. The Medical Disciplinary Board shall,
14    by rule, provide for the reporting to it of all instances
15    in which a person, licensed under this Act, who is impaired
16    by reason of age, drug or alcohol abuse or physical or
17    mental impairment, is under supervision and, where
18    appropriate, is in a program of rehabilitation. Such
19    reports shall be strictly confidential and may be reviewed
20    and considered only by the members of the Disciplinary
21    Board, or by authorized staff as provided by rules of the
22    Disciplinary Board. Provisions shall be made for the
23    periodic report of the status of any such person not less
24    than twice annually in order that the Disciplinary Board
25    shall have current information upon which to determine the
26    status of any such person. Such initial and periodic

 

 

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1    reports of impaired physicians shall not be considered
2    records within the meaning of The State Records Act and
3    shall be disposed of, following a determination by the
4    Disciplinary Board that such reports are no longer
5    required, in a manner and at such time as the Disciplinary
6    Board shall determine by rule. The filing of such reports
7    shall be construed as the filing of a report for purposes
8    of subsection (C) of this Section.
9        (2) Professional associations. The President or chief
10    executive officer of any association or society, of persons
11    licensed under this Act, operating within this State shall
12    report to the Disciplinary Board when the association or
13    society renders a final determination that a person has
14    committed unprofessional conduct related directly to
15    patient care or that a person may be mentally or physically
16    disabled in such a manner as to endanger patients under
17    that person's care.
18        (3) Professional liability insurers. Every insurance
19    company which offers policies of professional liability
20    insurance to persons licensed under this Act, or any other
21    entity which seeks to indemnify the professional liability
22    of a person licensed under this Act, shall report to the
23    Disciplinary Board the settlement of any claim or cause of
24    action, or final judgment rendered in any cause of action,
25    which alleged negligence in the furnishing of medical care
26    by such licensed person when such settlement or final

 

 

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1    judgment is in favor of the plaintiff.
2        (4) State's Attorneys. The State's Attorney of each
3    county shall report to the Disciplinary Board all instances
4    in which a person licensed under this Act is convicted or
5    otherwise found guilty of the commission of any felony. The
6    State's Attorney of each county may report to the
7    Disciplinary Board through a verified complaint any
8    instance in which the State's Attorney believes that a
9    physician has willfully violated the notice requirements
10    of the Parental Notice of Abortion Act of 1995.
11        (5) State agencies. All agencies, boards, commissions,
12    departments, or other instrumentalities of the government
13    of the State of Illinois shall report to the Disciplinary
14    Board any instance arising in connection with the
15    operations of such agency, including the administration of
16    any law by such agency, in which a person licensed under
17    this Act has either committed an act or acts which may be a
18    violation of this Act or which may constitute
19    unprofessional conduct related directly to patient care or
20    which indicates that a person licensed under this Act may
21    be mentally or physically disabled in such a manner as to
22    endanger patients under that person's care.
23    (B) Mandatory reporting. All reports required by items
24(34), (35), and (36) of subsection (A) of Section 22 and by
25Section 23 shall be submitted to the Disciplinary Board in a
26timely fashion. The reports shall be filed in writing within 60

 

 

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1days after a determination that a report is required under this
2Act. All reports shall contain the following information:
3        (1) The name, address and telephone number of the
4    person making the report.
5        (2) The name, address and telephone number of the
6    person who is the subject of the report.
7        (3) The name and date of birth of any patient or
8    patients whose treatment is a subject of the report, if
9    available, or other means of identification if such
10    information is not available, identification of the
11    hospital or other healthcare facility where the care at
12    issue in the report was rendered, provided, however, no
13    medical records may be revealed.
14        (4) A brief description of the facts which gave rise to
15    the issuance of the report, including the dates of any
16    occurrences deemed to necessitate the filing of the report.
17        (5) If court action is involved, the identity of the
18    court in which the action is filed, along with the docket
19    number and date of filing of the action.
20        (6) Any further pertinent information which the
21    reporting party deems to be an aid in the evaluation of the
22    report.
23    The Disciplinary Board or Department may also exercise the
24power under Section 38 of this Act to subpoena copies of
25hospital or medical records in mandatory report cases alleging
26death or permanent bodily injury. Appropriate rules shall be

 

 

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1adopted by the Department with the approval of the Disciplinary
2Board.
3    When the Department has received written reports
4concerning incidents required to be reported in items (34),
5(35), and (36) of subsection (A) of Section 22, the licensee's
6failure to report the incident to the Department under those
7items shall not be the sole grounds for disciplinary action.
8    Nothing contained in this Section shall act to in any way,
9waive or modify the confidentiality of medical reports and
10committee reports to the extent provided by law. Any
11information reported or disclosed shall be kept for the
12confidential use of the Disciplinary Board, the Medical
13Coordinators, the Disciplinary Board's attorneys, the medical
14investigative staff, and authorized clerical staff, as
15provided in this Act, and shall be afforded the same status as
16is provided information concerning medical studies in Part 21
17of Article VIII of the Code of Civil Procedure, except that the
18Department may disclose information and documents to a federal,
19State, or local law enforcement agency pursuant to a subpoena
20in an ongoing criminal investigation or to a health care
21licensing body of this State or another state or jurisdiction
22pursuant to an official request made by that licensing body.
23Furthermore, information and documents disclosed to a federal,
24State, or local law enforcement agency may be used by that
25agency only for the investigation and prosecution of a criminal
26offense, or, in the case of disclosure to a health care

 

 

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1licensing body, only for investigations and disciplinary
2action proceedings with regard to a license. Information and
3documents disclosed to the Department of Public Health may be
4used by that Department only for investigation and disciplinary
5action regarding the license of a health care institution
6licensed by the Department of Public Health.
7    (C) Immunity from prosecution. Any individual or
8organization acting in good faith, and not in a wilful and
9wanton manner, in complying with this Act by providing any
10report or other information to the Disciplinary Board or a peer
11review committee, or assisting in the investigation or
12preparation of such information, or by voluntarily reporting to
13the Disciplinary Board or a peer review committee information
14regarding alleged errors or negligence by a person licensed
15under this Act, or by participating in proceedings of the
16Disciplinary Board or a peer review committee, or by serving as
17a member of the Disciplinary Board or a peer review committee,
18shall not, as a result of such actions, be subject to criminal
19prosecution or civil damages.
20    (D) Indemnification. Members of the Disciplinary Board,
21the Medical Coordinators, the Disciplinary Board's attorneys,
22the medical investigative staff, physicians retained under
23contract to assist and advise the medical coordinators in the
24investigation, and authorized clerical staff shall be
25indemnified by the State for any actions occurring within the
26scope of services on the Disciplinary Board, done in good faith

 

 

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1and not wilful and wanton in nature. The Attorney General shall
2defend all such actions unless he or she determines either that
3there would be a conflict of interest in such representation or
4that the actions complained of were not in good faith or were
5wilful and wanton.
6    Should the Attorney General decline representation, the
7member shall have the right to employ counsel of his or her
8choice, whose fees shall be provided by the State, after
9approval by the Attorney General, unless there is a
10determination by a court that the member's actions were not in
11good faith or were wilful and wanton.
12    The member must notify the Attorney General within 7 days
13of receipt of notice of the initiation of any action involving
14services of the Disciplinary Board. Failure to so notify the
15Attorney General shall constitute an absolute waiver of the
16right to a defense and indemnification.
17    The Attorney General shall determine within 7 days after
18receiving such notice, whether he or she will undertake to
19represent the member.
20    (E) Deliberations of Disciplinary Board. Upon the receipt
21of any report called for by this Act, other than those reports
22of impaired persons licensed under this Act required pursuant
23to the rules of the Disciplinary Board, the Disciplinary Board
24shall notify in writing, by certified mail, the person who is
25the subject of the report. Such notification shall be made
26within 30 days of receipt by the Disciplinary Board of the

 

 

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1report.
2    The notification shall include a written notice setting
3forth the person's right to examine the report. Included in
4such notification shall be the address at which the file is
5maintained, the name of the custodian of the reports, and the
6telephone number at which the custodian may be reached. The
7person who is the subject of the report shall submit a written
8statement responding, clarifying, adding to, or proposing the
9amending of the report previously filed. The person who is the
10subject of the report shall also submit with the written
11statement any medical records related to the report. The
12statement and accompanying medical records shall become a
13permanent part of the file and must be received by the
14Disciplinary Board no more than 30 days after the date on which
15the person was notified by the Disciplinary Board of the
16existence of the original report.
17    The Disciplinary Board shall review all reports received by
18it, together with any supporting information and responding
19statements submitted by persons who are the subject of reports.
20The review by the Disciplinary Board shall be in a timely
21manner but in no event, shall the Disciplinary Board's initial
22review of the material contained in each disciplinary file be
23less than 61 days nor more than 180 days after the receipt of
24the initial report by the Disciplinary Board.
25    When the Disciplinary Board makes its initial review of the
26materials contained within its disciplinary files, the

 

 

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1Disciplinary Board shall, in writing, make a determination as
2to whether there are sufficient facts to warrant further
3investigation or action. Failure to make such determination
4within the time provided shall be deemed to be a determination
5that there are not sufficient facts to warrant further
6investigation or action.
7    Should the Disciplinary Board find that there are not
8sufficient facts to warrant further investigation, or action,
9the report shall be accepted for filing and the matter shall be
10deemed closed and so reported to the Secretary. The Secretary
11shall then have 30 days to accept the Medical Disciplinary
12Board's decision or request further investigation. The
13Secretary shall inform the Board in writing of the decision to
14request further investigation, including the specific reasons
15for the decision. The individual or entity filing the original
16report or complaint and the person who is the subject of the
17report or complaint shall be notified in writing by the
18Secretary of any final action on their report or complaint.
19    (F) Summary reports. The Disciplinary Board shall prepare,
20on a timely basis, but in no event less than once every other
21month, a summary report of final actions taken upon
22disciplinary files maintained by the Disciplinary Board. The
23summary reports shall be made available to the public upon
24request and payment of the fees set by the Department. This
25publication may be made available to the public on the
26Department's Internet website.

 

 

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1    (G) Any violation of this Section shall be a Class A
2misdemeanor.
3    (H) If any such person violates the provisions of this
4Section an action may be brought in the name of the People of
5the State of Illinois, through the Attorney General of the
6State of Illinois, for an order enjoining such violation or for
7an order enforcing compliance with this Section. Upon filing of
8a verified petition in such court, the court may issue a
9temporary restraining order without notice or bond and may
10preliminarily or permanently enjoin such violation, and if it
11is established that such person has violated or is violating
12the injunction, the court may punish the offender for contempt
13of court. Proceedings under this paragraph shall be in addition
14to, and not in lieu of, all other remedies and penalties
15provided for by this Section.
16(Source: P.A. 94-677, eff. 8-25-05; 95-639, eff. 10-5-07;
1796-1372, eff. 7-29-10.)
 
18    (225 ILCS 60/24)  (from Ch. 111, par. 4400-24)
19    (Section scheduled to be repealed on November 30, 2011)
20    Sec. 24. Report of violations; medical associations. Any
21physician licensed under this Act, the Illinois State Medical
22Society, the Illinois Association of Osteopathic Physicians
23and Surgeons, the Illinois Chiropractic Society, the Illinois
24Prairie State Chiropractic Association, or any component
25societies of any of these 4 groups, and any other person, may

 

 

SB1887- 50 -LRB097 08724 AMC 48853 b

1report to the Disciplinary Board any information the physician,
2association, society, or person may have that appears to show
3that a physician is or may be in violation of any of the
4provisions of Section 22 of this Act.
5    The Department may enter into agreements with the Illinois
6State Medical Society, the Illinois Association of Osteopathic
7Physicians and Surgeons, the Illinois Prairie State
8Chiropractic Association, or the Illinois Chiropractic Society
9to allow these organizations to assist the Disciplinary Board
10in the review of alleged violations of this Act. Subject to the
11approval of the Department, any organization party to such an
12agreement may subcontract with other individuals or
13organizations to assist in review.
14    Any physician, association, society, or person
15participating in good faith in the making of a report under
16this Act or participating in or assisting with an investigation
17or review under this Act shall have immunity from any civil,
18criminal, or other liability that might result by reason of
19those actions.
20    The medical information in the custody of an entity under
21contract with the Department participating in an investigation
22or review shall be privileged and confidential to the same
23extent as are information and reports under the provisions of
24Part 21 of Article VIII of the Code of Civil Procedure.
25    Upon request by the Department after a mandatory report has
26been filed with the Department, an attorney for any party

 

 

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1seeking to recover damages for injuries or death by reason of
2medical, hospital, or other healing art malpractice shall
3provide patient records related to the physician involved in
4the disciplinary proceeding to the Department within 30 days of
5the Department's request for use by the Department in any
6disciplinary matter under this Act. An attorney who provides
7patient records to the Department in accordance with this
8requirement shall not be deemed to have violated any
9attorney-client privilege. Notwithstanding any other provision
10of law, consent by a patient shall not be required for the
11provision of patient records in accordance with this
12requirement.
13    For the purpose of any civil or criminal proceedings, the
14good faith of any physician, association, society or person
15shall be presumed. The Disciplinary Board may request the
16Illinois State Medical Society, the Illinois Association of
17Osteopathic Physicians and Surgeons, the Illinois Prairie
18State Chiropractic Association, or the Illinois Chiropractic
19Society to assist the Disciplinary Board in preparing for or
20conducting any medical competency examination as the Board may
21deem appropriate.
22(Source: P.A. 94-677, eff. 8-25-05.)
 
23    (225 ILCS 60/24.1)
24    (Section scheduled to be repealed on November 30, 2011)
25    Sec. 24.1. Physician profile.

 

 

SB1887- 52 -LRB097 08724 AMC 48853 b

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

 

 

SB1887- 53 -LRB097 08724 AMC 48853 b

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

 

 

SB1887- 54 -LRB097 08724 AMC 48853 b

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

 

 

SB1887- 55 -LRB097 08724 AMC 48853 b

1    may be available at the physician's primary practice
2    location;
3        (17) an indication of whether the physician
4    participates in the Medicaid program.
5    (c) The Disciplinary Board shall provide individual
6physicians with a copy of their profiles prior to release to
7the public. A physician shall be provided 60 days to correct
8factual inaccuracies that appear in such profile.
9    (d) A physician may elect to have his or her profile omit
10certain information provided pursuant to subdivisions (12)
11through (14) of subsection (b) concerning academic
12appointments and teaching responsibilities, publication in
13peer-reviewed journals and professional and community service
14awards. In collecting information for such profiles and in
15disseminating the same, the Disciplinary Board shall inform
16physicians that they may choose not to provide such information
17required pursuant to subdivisions (12) through (14) of
18subsection (b).
19    (e) The Department shall promulgate such rules as it deems
20necessary to accomplish the requirements of this Section.
21(Source: P.A. 94-677, eff. 8-25-05.)
 
22    (225 ILCS 60/36)  (from Ch. 111, par. 4400-36)
23    (Section scheduled to be repealed on November 30, 2011)
24    Sec. 36. Upon the motion of either the Department or the
25Disciplinary Board or upon the verified complaint in writing of

 

 

SB1887- 56 -LRB097 08724 AMC 48853 b

1any person setting forth facts which, if proven, would
2constitute grounds for suspension or revocation under Section
322 of this Act, the Department shall investigate the actions of
4any person, so accused, who holds or represents that they hold
5a license. Such person is hereinafter called the accused.
6    The Department shall, before suspending, revoking, placing
7on probationary status, or taking any other disciplinary action
8as the Department may deem proper with regard to any license at
9least 30 days prior to the date set for the hearing, notify the
10accused in writing of any charges made and the time and place
11for a hearing of the charges before the Disciplinary Board,
12direct them to file their written answer thereto to the
13Disciplinary Board under oath within 20 days after the service
14on them of such notice and inform them that if they fail to
15file such answer default will be taken against them and their
16license may be suspended, revoked, placed on probationary
17status, or have other disciplinary action, including limiting
18the scope, nature or extent of their practice, as the
19Department may deem proper taken with regard thereto.
20    Where a physician has been found, upon complaint and
21investigation of the Department, and after hearing, to have
22performed an abortion procedure in a wilful and wanton manner
23upon a woman who was not pregnant at the time such abortion
24procedure was performed, the Department shall automatically
25revoke the license of such physician to practice medicine in
26Illinois.

 

 

SB1887- 57 -LRB097 08724 AMC 48853 b

1    Such written notice and any notice in such proceedings
2thereafter may be served by delivery of the same, personally,
3to the accused person, or by mailing the same by registered or
4certified mail to the address last theretofore specified by the
5accused in their last notification to the Department.
6    All information gathered by the Department during its
7investigation including information subpoenaed under Section
823 or 38 of this Act and the investigative file shall be kept
9for the confidential use of the Secretary, Disciplinary Board,
10the Medical Coordinators, persons employed by contract to
11advise the Medical Coordinator or the Department, the
12Disciplinary Board's attorneys, the medical investigative
13staff, and authorized clerical staff, as provided in this Act
14and shall be afforded the same status as is provided
15information concerning medical studies in Part 21 of Article
16VIII of the Code of Civil Procedure, except that the Department
17may disclose information and documents to a federal, State, or
18local law enforcement agency pursuant to a subpoena in an
19ongoing criminal investigation to a health care licensing body
20of this State or another state or jurisdiction pursuant to an
21official request made by that licensing body. Furthermore,
22information and documents disclosed to a federal, State, or
23local law enforcement agency may be used by that agency only
24for the investigation and prosecution of a criminal offense or,
25in the case of disclosure to a health care licensing body, only
26for investigations and disciplinary action proceedings with

 

 

SB1887- 58 -LRB097 08724 AMC 48853 b

1regard to a license issued by that licensing body.
2(Source: P.A. 94-677, eff. 8-25-05; 96-1372, eff. 7-29-10.)
 
3    Section 15. The Code of Civil Procedure is amended by
4reenacting and changing Sections 2-622, 2-1704.5, 8-1901, and
58-2501 and by changing Sections 2-1303 and 8-2006 as follows:
 
6    (735 ILCS 5/2-622)  (from Ch. 110, par. 2-622)
7    Sec. 2-622. Healing art malpractice.
8    (a) In any action, whether in tort, contract or otherwise,
9in which the plaintiff seeks damages for injuries or death by
10reason of medical, hospital, or other healing art malpractice,
11the plaintiff's attorney or the plaintiff, if the plaintiff is
12proceeding pro se, shall file an affidavit, attached to the
13original and all copies of the complaint, declaring one of the
14following:
15        1. That the affiant has consulted and reviewed the
16    facts of the case with a health professional who the
17    affiant reasonably believes: (i) is knowledgeable in the
18    relevant issues involved in the particular action; (ii)
19    practices or has practiced within the last 5 years or
20    teaches or has taught within the last 5 years in the same
21    area of health care or medicine that is at issue in the
22    particular action; and (iii) meets the expert witness
23    standards set forth in paragraphs (a) through (d) of
24    Section 8-2501; that the reviewing health professional has

 

 

SB1887- 59 -LRB097 08724 AMC 48853 b

1    determined in a written report, after a review of the
2    medical record and other relevant material involved in the
3    particular action that there is a reasonable and
4    meritorious cause for the filing of such action; and that
5    the affiant has concluded on the basis of the reviewing
6    health professional's review and consultation that there
7    is a reasonable and meritorious cause for filing of such
8    action. A single written report must be filed to cover each
9    defendant in the action. As to defendants who are
10    individuals, the written report must be from a health
11    professional licensed in the same profession, with the same
12    class of license, as the defendant. For written reports
13    filed as to all other defendants, who are not individuals,
14    the written report must be from a physician licensed to
15    practice medicine in all its branches who is qualified by
16    experience with the standard of care, methods, procedures
17    and treatments relevant to the allegations at issue in the
18    case. In either event, the written report must identify the
19    profession of the reviewing health professional. A copy of
20    the written report, clearly identifying the plaintiff and
21    the reasons for the reviewing health professional's
22    determination that a reasonable and meritorious cause for
23    the filing of the action exists, including the reviewing
24    health care professional's name, address, current license
25    number, and state of licensure, must be attached to the
26    affidavit. Information regarding the preparation of a

 

 

SB1887- 60 -LRB097 08724 AMC 48853 b

1    written report by the reviewing health professional shall
2    not be used to discriminate against that professional in
3    the issuance of medical liability insurance or in the
4    setting of that professional's medical liability insurance
5    premium. No professional organization may discriminate
6    against a reviewing health professional on the basis that
7    the reviewing health professional has prepared a written
8    report.
9        2. That the affiant was unable to obtain a consultation
10    required by paragraph 1 because a statute of limitations
11    would impair the action and the consultation required could
12    not be obtained before the expiration of the statute of
13    limitations. If an affidavit is executed pursuant to this
14    paragraph, the affidavit and written report required by
15    paragraph 1 shall be filed within 90 days after the filing
16    of the complaint. No additional 90-day extensions pursuant
17    to this paragraph shall be granted, except where there has
18    been a withdrawal of the plaintiff's counsel. The defendant
19    shall be excused from answering or otherwise pleading until
20    30 days after being served with an affidavit and a report
21    required by paragraph 1.
22        3. That a request has been made by the plaintiff or his
23    attorney for examination and copying of records pursuant to
24    Part 20 of Article VIII of this Code and the party required
25    to comply under those Sections has failed to produce such
26    records within 60 days of the receipt of the request. If an

 

 

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1    affidavit is executed pursuant to this paragraph, the
2    affidavit and written report required by paragraph 1 shall
3    be filed within 90 days following receipt of the requested
4    records. All defendants except those whose failure to
5    comply with Part 20 of Article VIII of this Code is the
6    basis for an affidavit under this paragraph shall be
7    excused from answering or otherwise pleading until 30 days
8    after being served with the affidavit and report required
9    by paragraph 1.
10    (b) Where an affidavit and written report are required
11pursuant to this Section a separate affidavit and written
12report shall be filed as to each defendant who has been named
13in the complaint and shall be filed as to each defendant named
14at a later time.
15    (c) Where the plaintiff intends to rely on the doctrine of
16"res ipsa loquitur", as defined by Section 2-1113 of this Code,
17the affidavit and written report must state that, in the
18opinion of the reviewing health professional, negligence has
19occurred in the course of medical treatment. The affiant shall
20certify upon filing of the complaint that he is relying on the
21doctrine of "res ipsa loquitur".
22    (d) When the attorney intends to rely on the doctrine of
23failure to inform of the consequences of the procedure, the
24attorney shall certify upon the filing of the complaint that
25the reviewing health professional has, after reviewing the
26medical record and other relevant materials involved in the

 

 

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1particular action, concluded that a reasonable health
2professional would have informed the patient of the
3consequences of the procedure.
4    (e) Allegations and denials in the affidavit, made without
5reasonable cause and found to be untrue, shall subject the
6party pleading them or his attorney, or both, to the payment of
7reasonable expenses, actually incurred by the other party by
8reason of the untrue pleading, together with reasonable
9attorneys' fees to be summarily taxed by the court upon motion
10made within 30 days of the judgment or dismissal. In no event
11shall the award for attorneys' fees and expenses exceed those
12actually paid by the moving party, including the insurer, if
13any. In proceedings under this paragraph (e), the moving party
14shall have the right to depose and examine any and all
15reviewing health professionals who prepared reports used in
16conjunction with an affidavit required by this Section.
17    (f) A reviewing health professional who in good faith
18prepares a report used in conjunction with an affidavit
19required by this Section shall have civil immunity from
20liability which otherwise might result from the preparation of
21such report.
22    (g) The failure of the plaintiff to file an affidavit and
23report in compliance with this Section shall be grounds for
24dismissal under Section 2-619.
25     (h) This Section does not apply to or affect any actions
26pending at the time of its effective date, but applies to cases

 

 

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1filed on or after its effective date.
2     (i) This amendatory Act of 1997 does not apply to or
3affect any actions pending at the time of its effective date,
4but applies to cases filed on or after its effective date.
5    (j) The changes to this Section made by Public Act 94-677
6and reenacted by this amendatory Act of the 94th General
7Assembly apply to causes of action accruing on or after August
825, 2005, as those changes may be amended from time to time its
9effective date.
10(Source: P.A. 94-677, eff. 8-25-05.)
 
11    (735 ILCS 5/2-1303)  (from Ch. 110, par. 2-1303)
12    Sec. 2-1303. Interest on judgment.
13    (a) Judgments recovered in any court shall draw interest at
14the rate of 3% 9% per annum from the date of the judgment until
15satisfied or 1% 6% per annum when the judgment debtor is a unit
16of local government, as defined in Section 1 of Article VII of
17the Constitution, a school district, a community college
18district, or any other governmental entity. The interest rate
19shall be increased or decreased in accordance with the
20provisions of Section 8-2006. When judgment is entered upon any
21award, report or verdict, interest shall be computed at the
22above rate, from the time when made or rendered to the time of
23entering judgment upon the same, and included in the judgment,
24except as provided in subsection (b) of this Section. Interest
25shall be computed and charged only on the unsatisfied portion

 

 

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1of the judgment as it exists from time to time. The judgment
2debtor may by tender of payment of judgment, costs and interest
3accrued to the date of tender, stop the further accrual of
4interest on such judgment notwithstanding the prosecution of an
5appeal, or other steps to reverse, vacate or modify the
6judgment.
7    (b) In cases where a federal Medicare lien may exist
8against the judgment, this statutory interest shall be computed
9from the day after the federal Medicare program provides
10confirmation of any lien against the judgment.
11(Source: P.A. 85-907.)
 
12    (735 ILCS 5/2-1704.5)
13    Sec. 2-1704.5. Guaranteed payment of future medical
14expenses and costs of life care.
15    (a) At any time, but no later than 5 days after a verdict
16in the plaintiff's favor for a plaintiff's future medical
17expenses and costs of life care is reached, either party in a
18medical malpractice action may elect, or the court may enter an
19order, to have the payment of the plaintiff's future medical
20expenses and costs of life care made under this Section.
21    (b) In all cases in which a defendant in a medical
22malpractice action is found liable for the plaintiff's future
23medical expenses and costs of care, the trier of fact shall
24make the following findings based on evidence presented at
25trial:

 

 

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1        (1) the present cash value of the plaintiff's future
2    medical expenses and costs of life care;
3        (2) the current year annual cost of the plaintiff's
4    future medical expenses and costs of life care; and
5        (3) the annual composite rate of inflation that should
6    be applied to the costs specified in item (2).
7    Based upon evidence presented at trial, the trier of fact
8may also vary the amount of future costs under this Section
9from year to year to account for different annual expenditures,
10including the immediate medical and life care needs of the
11plaintiff. The jury shall not be informed of an election to pay
12for future medical expenses and costs of life care by
13purchasing an annuity.
14    (c) When an election is made to pay for future medical
15expenses and costs of life care by purchasing an annuity, the
16court shall enter a judgment ordering that the defendant pay
17the plaintiff an amount equal to 20% of the present cash value
18of future medical expenses and cost of life care determined
19under subsection (b)(1) of this Section and ordering that the
20remaining future expenses and costs be paid by the purchase of
21an annuity by or on behalf of the defendant from a company that
22has itself, or is irrevocably supported financially by a
23company that has, at least 2 of the following 4 ratings: "A+ X"
24or higher from A.M. Best Company; "AA-" or higher from Standard &
25 Poor's; "Aa3" or higher from Moody's; and "AA-" or higher
26from Fitch. The annuity must guarantee that the plaintiff will

 

 

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1receive annual payments equal to 80% of the amount determined
2in subsection (b)(2) inflated by the rate determined in
3subsection (b)(3) for the life of the plaintiff.
4    (d) If the company providing the annuity becomes unable to
5pay amounts required by the annuity, the defendant shall secure
6a replacement annuity for the remainder of the plaintiff's life
7from a company that satisfies the requirements of subsection
8(c).
9    (e) A plaintiff receiving future payments by means of an
10annuity under this Section may seek leave of court to assign or
11otherwise transfer the right to receive such payments in
12exchange for a negotiated lump sum value of the remaining
13future payments or any portion of the remaining future payments
14under the annuity to address an unanticipated financial
15hardship under such terms as approved by the court.
16    (f) This Section applies to all causes of action accruing
17on or after August 25, 2005 the effective date of this
18amendatory Act of the 94th General Assembly.
19(Source: P.A. 94-677, eff. 8-25-05.)
 
20    (735 ILCS 5/8-1901)  (from Ch. 110, par. 8-1901)
21    Sec. 8-1901. Admission of liability - Effect.
22    (a) The providing of, or payment for, medical, surgical,
23hospital, or rehabilitation services, facilities, or equipment
24by or on behalf of any person, or the offer to provide, or pay
25for, any one or more of the foregoing, shall not be construed

 

 

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1as an admission of any liability by such person or persons.
2Testimony, writings, records, reports or information with
3respect to the foregoing shall not be admissible in evidence as
4an admission of any liability in any action of any kind in any
5court or before any commission, administrative agency, or other
6tribunal in this State, except at the instance of the person or
7persons so making any such provision, payment or offer.
8    (b) Any expression of grief, apology, or explanation
9provided by a health care provider, including, but not limited
10to, a statement that the health care provider is "sorry" for
11the outcome to a patient, the patient's family, or the
12patient's legal representative about an inadequate or
13unanticipated treatment or care outcome that is provided within
1472 hours of when the provider knew or should have known of the
15potential cause of such outcome shall not be admissible as
16evidence in any action of any kind in any court or before any
17tribunal, board, agency, or person. The disclosure of any such
18information, whether proper, or improper, shall not waive or
19have any effect upon its confidentiality or inadmissibility. As
20used in this Section, a "health care provider" is any hospital,
21nursing home or other facility, or employee or agent thereof, a
22physician, or other licensed health care professional. Nothing
23in this Section precludes the discovery or admissibility of any
24other facts regarding the patient's treatment or outcome as
25otherwise permitted by law.
26    (c) The changes to this Section made by Public Act 94-677

 

 

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1and reenacted by this amendatory Act of the 97th 94th General
2Assembly apply to causes of action accruing on or after August
325, 2005, as those changes may be amended from time to time its
4effective date.
5(Source: P.A. 94-677, eff. 8-25-05.)
 
6    (735 ILCS 5/8-2006)
7    Sec. 8-2006. Copying fees and interest rates; adjustment
8for inflation. Every Beginning in 2003, every January 20, the
9copying fee limits established in Sections 8-2001 and 8-2005
10and the interest rates established in Section 2-1303 shall
11automatically be increased or decreased, as applicable, by a
12percentage equal to the percentage change in the consumer price
13index-u during the preceding 12-month calendar year. "Consumer
14price index-u" means the index published by the Bureau of Labor
15Statistics of the United States Department of Labor that
16measures the average change in prices of goods and services
17purchased by all urban consumers, United States city average,
18all items, 1982-84 = 100. The new amount resulting from each
19annual adjustment shall be determined by the Comptroller and
20made available to the public via the Comptroller's official
21website by January 31 of every year.
22(Source: P.A. 94-982, eff. 6-30-06; 95-478, eff. 1-1-08
23(changed from 8-27-07 by P.A. 95-480).)
 
24    (735 ILCS 5/8-2501)  (from Ch. 110, par. 8-2501)

 

 

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1    Sec. 8-2501. Expert Witness Standards. In any case in which
2the standard of care applicable to a medical professional is at
3issue, the court shall apply the following standards to
4determine if a witness qualifies as an expert witness and can
5testify on the issue of the appropriate standard of care.
6    (a) Whether the witness is board certified or board
7eligible, or has completed a residency, in the same or
8substantially similar medical specialties as the defendant and
9is otherwise qualified by significant experience with the
10standard of care, methods, procedures, and treatments relevant
11to the allegations against the defendant;
12    (b) Whether the witness has devoted a majority of his or
13her work time to the practice of medicine, teaching or
14University based research in relation to the medical care and
15type of treatment at issue which gave rise to the medical
16problem of which the plaintiff complains;
17    (c) whether the witness is licensed in the same profession
18with the same class of license as the defendant if the
19defendant is an individual; and
20    (d) whether, in the case against a nonspecialist, the
21witness can demonstrate a sufficient familiarity with the
22standard of care practiced in this State.
23    An expert shall provide evidence of active practice,
24teaching, or engaging in university-based research. If
25retired, an expert must provide evidence of attendance and
26completion of continuing education courses for 3 years previous

 

 

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1to giving testimony. An expert who has not actively practiced,
2taught, or been engaged in university-based research, or any
3combination thereof, during the preceding 5 years may not be
4qualified as an expert witness.
5    The changes to this Section made by Public Act 94-677 and
6reenacted by this amendatory Act of the 97th 94th General
7Assembly apply to causes of action accruing on or after August
825, 2005, as those changes may be amended from time to time its
9effective date.
10(Source: P.A. 94-677, eff. 8-25-05.)
 
11    Section 20. The Good Samaritan Act is amended by reenacting
12and changing Section 30 as follows:
 
13    (745 ILCS 49/30)
14    Sec. 30. Free medical clinic; exemption from civil
15liability for services performed without compensation.
16    (a) A person licensed under the Medical Practice Act of
171987, a person licensed to practice the treatment of human
18ailments in any other state or territory of the United States,
19or a health care professional, including but not limited to an
20advanced practice nurse, retired physician, physician
21assistant, nurse, pharmacist, physical therapist, podiatrist,
22or social worker licensed in this State or any other state or
23territory of the United States, who, in good faith, provides
24medical treatment, diagnosis, or advice as a part of the

 

 

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1services of an established free medical clinic providing care,
2including but not limited to home visits, without charge to
3patients which is limited to care that does not require the
4services of a licensed hospital or ambulatory surgical
5treatment center and who receives no fee or compensation from
6that source shall not be liable for civil damages as a result
7of his or her acts or omissions in providing that medical
8treatment, except for willful or wanton misconduct.
9    (b) For purposes of this Section, a "free medical clinic"
10is an organized community based program providing medical care
11without charge to individuals, at which the care provided does
12not include an overnight stay in a health-care facility.
13    (c) The provisions of subsection (a) of this Section do not
14apply to a particular case unless the free medical clinic has
15posted in a conspicuous place on its premises an explanation of
16the exemption from civil liability provided herein.
17    (d) The immunity from civil damages provided under
18subsection (a) also applies to physicians, retired physicians,
19hospitals, and other health care providers that provide further
20medical treatment, diagnosis, or advice, including but not
21limited to hospitalization, office visits, and home visits, to
22a patient upon referral from an established free medical clinic
23without fee or compensation.
24    (d-5) A free medical clinic may receive reimbursement from
25the Illinois Department of Public Aid, provided any
26reimbursements shall be used only to pay overhead expenses of

 

 

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1operating the free medical clinic and may not be used, in whole
2or in part, to provide a fee or other compensation to any
3person licensed under the Medical Practice Act of 1987 or any
4other health care professional who is receiving an exemption
5under this Section. Any health care professional receiving an
6exemption under this Section may not receive any fee or other
7compensation in connection with any services provided to, or
8any ownership interest in, the clinic. Medical care shall not
9include an overnight stay in a health care facility.
10    (e) Nothing in this Section prohibits a free medical clinic
11from accepting voluntary contributions for medical services
12provided to a patient who has acknowledged his or her ability
13and willingness to pay a portion of the value of the medical
14services provided.
15    (f) Any voluntary contribution collected for providing
16care at a free medical clinic shall be used only to pay
17overhead expenses of operating the clinic. No portion of any
18moneys collected shall be used to provide a fee or other
19compensation to any person licensed under Medical Practice Act
20of 1987.
21    (g) The changes to this Section made by Public Act 94-677
22and reenacted by this amendatory Act of the 97th 94th General
23Assembly apply to causes of action accruing on or after August
2425, 2005, as those changes may be amended from time to time its
25effective date.
26(Source: P.A. 94-677, eff. 8-25-05.)
 

 

 

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1    Section 97. Inseverability. The provisions of this Act are
2mutually dependent and inseverable. If any provision is held
3invalid, then this entire Act, including all new and amendatory
4provisions, is invalid.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.