State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]

91_HB2303enr

 
HB2303 Enrolled                                LRB9100491ACsb

 1        AN  ACT  to  amend the Hospital Licensing Act by changing
 2    Section 10.2.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Hospital  Licensing  Act is amended by
 6    changing Section 10.2 as follows:

 7        (210 ILCS 85/10.2) (from Ch. 111 1/2, par. 151.2)
 8        Sec.  10.2.   Because  the   candid   and   conscientious
 9    evaluation   of   clinical  practices  is  essential  to  the
10    provision of adequate hospital care, it is the policy of this
11    State to encourage peer  review  by  health  care  providers.
12    Therefore,  no  hospital  and  no individual who is a member,
13    agent, or employee of a  hospital,  hospital  medical  staff,
14    hospital  administrative  staff,  or hospital governing board
15    shall be liable for civil damages as a result  of  the  acts,
16    omissions,  decisions,  or  any  other  conduct, except those
17    involving  wilful  or  wanton  misconduct,   of   a   medical
18    utilization committee, medical review committee, patient care
19    audit  committee,  medical care evaluation committee, quality
20    review   committee,   credential   committee,   peer   review
21    committee,  or  any  other  committee  or  individual   whose
22    purpose,  directly or indirectly, is internal quality control
23    or medical study to reduce morbidity  or  mortality,  or  for
24    improving patient care within a hospital, or the improving or
25    benefiting  of  patient  care and treatment, whether within a
26    hospital  or  not,  or  for  the  purpose   of   professional
27    discipline  including  institution of a summary suspension in
28    accordance with Section 10.4 of  this  Act  and  the  medical
29    staff  bylaws.    Nothing  in  this Section shall relieve any
30    individual or hospital from liability arising from  treatment
31    of  a  patient.  Any  individual  or  hospital from liability
 
HB2303 Enrolled             -2-                LRB9100491ACsb
 1    arising from treatment of a patient. For the purposes of this
 2    Section, "wilful and wanton misconduct"  means  a  course  of
 3    action  that  shows actual or deliberate intention to harm or
 4    that, if not intentional, shows an utter indifference  to  or
 5    conscious  disregard for a person's own safety and the safety
 6    of others.
 7    (Source: P.A. 85-661.)

 8        Section 99.  Effective date.  This Act  takes  effect  on
 9    July 1, 1999.

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