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|[ House Amendment 002 ]||[ House Amendment 003 ]|
90_HB0073 225 ILCS 60/23.1 new Amends the Medical Practice Act of 1987 to provide for the public release of individual profiles on persons licensed under the Act, including information relating to criminal charges, administrative disciplinary actions, hospital privilege revocations, and medical malpractice awards. Effective immediately. LRB9000837DPcc LRB9000837DPcc 1 AN ACT to amend the Medical Practice Act of 1987 by 2 adding Section 23.1. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Medical Practice Act of 1987 is amended 6 by adding Section 23.1 as follows: 7 (225 ILCS 60/23.1 new) 8 Sec. 23.1. Public disclosure of disciplinary records. 9 (a) The Disciplinary Board shall collect the following 10 information to create individual profiles on licensees, in a 11 format created by the Disciplinary Board that shall be 12 available for dissemination to the public: 13 (1) a description of any criminal convictions for 14 felonies and serious misdemeanors as determined by the 15 Disciplinary Board, within the most recent 10 years. For 16 the purposes of this item, a person shall be deemed to be 17 convicted of a crime if he or she pled guilty or if he or 18 she was found or adjudged guilty by a court of competent 19 jurisdiction; 20 (2) a description of any charges to which a 21 physician pleads nolo contendere or where a disposition 22 of supervision is made by a court of competent 23 jurisdiction, within the most recent 10 years; 24 (3) a description of any final disciplinary actions 25 taken by the Disciplinary Board within the most recent 10 26 years; 27 (4) a description of any final disciplinary actions 28 taken by licensing boards in other states within the most 29 recent 10 years; 30 (5) a description of revocation or involuntary 31 restriction of hospital privileges for reasons related to -2- LRB9000837DPcc 1 competence or character that have been taken by the 2 hospital's governing body or any other official of the 3 hospital after procedural due process has been afforded, 4 the resignation from or nonrenewal of medical staff 5 membership, or the restriction of privileges at a 6 hospital taken in lieu of or in settlement of a pending 7 disciplinary case related to competence or character in 8 that hospital. Only cases that have occurred within the 9 most recent 10 years shall be disclosed by the 10 Disciplinary Board to the public; 11 (6) all medical malpractice court judgments, 12 medical malpractice arbitration awards, and settlements 13 of medical malpractice claims in which a payment is made 14 to a complaining party, within the most recent 10 years. 15 Dispositions of paid claims shall be reported in a 16 minimum of 3 graduated categories indicating the level of 17 significance of the award or settlement. Information 18 concerning paid medical malpractice claims shall be put 19 in context by comparing an individual licensee's medical 20 malpractice judgment and arbitration awards and 21 settlements to the experience of other licensees within 22 the same specialty. Information concerning settlements 23 shall be accompanied by the following statement: 24 "Settlement of a claim may occur for a variety of reasons 25 which do not necessarily reflect negatively on the 26 professional competence or conduct of the physician. A 27 payment in settlement of a medical malpractice action or 28 claim should not be construed as creating a presumption 29 that medical malpractice has occurred." Nothing in this 30 Section shall be construed to limit or prevent the 31 Disciplinary Board from providing further explanatory 32 information regarding the significance of categories in 33 which settlements are reported. 34 Pending malpractice claims shall not be disclosed by -3- LRB9000837DPcc 1 the Disciplinary Board to the public. Nothing in this 2 Section shall be construed to prevent the Disciplinary 3 Board from investigating and disciplining a licensee on 4 the basis of medical malpractice claims that are pending. 5 (7) names of medical schools and dates of 6 graduation; 7 (8) graduate medical education; 8 (9) specialty board certification; 9 (10) number of years in practice; 10 (11) names of the hospitals where the licensee has 11 privileges; 12 (12) appointments to medical school faculties and 13 indication as to whether a licensee has had a 14 responsibility for graduate medical education within the 15 most recent 10 years; 16 (13) publications in peer-reviewed medical 17 literature within the most recent 10 years; 18 (14) professional or community service activities 19 and awards; 20 (15) the location of the licensee's primary 21 practice setting; 22 (16) the identification of any translating services 23 that may be available at the licensee's primary practice 24 location; 25 (17) an indication of whether the licensee 26 participates in the Medicaid program. 27 The Disciplinary Board shall provide each licensee with a 28 copy of his or her profile prior to release to the public. A 29 licensee shall be provided a reasonable time to correct 30 factual inaccuracies that appear in his or her profile. 31 A licensee may elect to exclude from his or her profile 32 certain information provided pursuant to items (12), (13), 33 and (14) concerning academic appointments and teaching 34 responsibilities, publication in peer-reviewed journals, and -4- LRB9000837DPcc 1 professional and community service awards. In collecting 2 information for profiles and in disseminating the same, the 3 Disciplinary Board shall inform physicians that they may 4 choose not to provide such information required pursuant to 5 items (12), (13), and (14). 6 (b) The Department shall maintain a toll free telephone 7 line for responding to requests for information about the 8 disciplinary records of physicians in Illinois. 9 Section 99. Effective date. This Act takes effect upon 10 becoming law.
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