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91_HB2303ham001
LRB9100491ACtmam
1 AMENDMENT TO HOUSE BILL 2303
2 AMENDMENT NO. . Amend House Bill 2303 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Hospital Licensing Act is amended by
5 changing Section 10.2 as follows:
6 (210 ILCS 85/10.2) (from Ch. 111 1/2, par. 151.2)
7 Sec. 10.2. Because the candid and conscientious
8 evaluation of clinical practices is essential to the
9 provision of adequate hospital care, it is the policy of this
10 State to encourage peer review by health care providers.
11 Therefore, no hospital and no individual who is a member,
12 agent, or employee of a hospital, hospital medical staff,
13 hospital administrative staff, or hospital governing board
14 shall be liable for civil damages as a result of the acts,
15 omissions, decisions, or any other conduct, except those
16 involving wilful or wanton misconduct, of a medical
17 utilization committee, medical review committee, patient care
18 audit committee, medical care evaluation committee, quality
19 review committee, credential committee, peer review
20 committee, or any other committee or individual whose
21 purpose, directly or indirectly, is internal quality control
22 or medical study to reduce morbidity or mortality, or for
-2- LRB9100491ACtmam
1 improving patient care within a hospital, or the improving or
2 benefiting of patient care and treatment, whether within a
3 hospital or not, or for the purpose of professional
4 discipline including institution of a summary suspension
5 accordance with Section 10.4 of this Act and the medical
6 staff bylaws. Nothing in this Section shall relieve any
7 individual or hospital from liability arising from treatment
8 of a patient. Any individual or hospital from liability
9 arising from treatment of a patient. For the purposes of this
10 Section, "wilful and wanton misconduct" means a course of
11 action that shows actual or deliberate intention to harm or
12 that, if not intentional, shows an utter indifference to or
13 conscious disregard for a person's own safety and the safety
14 of others.
15 (Source: P.A. 85-661.)
16 Section 99. Effective date. This Act takes effect on
17 July 1, 1999.".