State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Enrolled ][ Senate Amendment 001 ]

91_SB0953eng

 
SB953 Engrossed                                LRB9100490ACsb

 1        AN  ACT  to  amend the Hospital Licensing Act by changing
 2    Section 10.4.

 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 10.4 as follows:

 7        (210 ILCS 85/10.4) (from Ch. 111 1/2, par. 151.4)
 8        Sec. 10.4. Medical staff privileges.
 9        (a)  Any hospital licensed under this Act or any hospital
10    organized under  the  University  of  Illinois  Hospital  Act
11    shall,  prior to the granting of any medical staff privileges
12    to an applicant, or renewing a current medical staff member's
13    privileges,  request  of   the   Director   of   Professional
14    Regulation  information  concerning  the licensure status and
15    any disciplinary action  taken  against  the  applicant's  or
16    medical  staff member's license, except for medical personnel
17    who enter  a  hospital  to  obtain  organs  and  tissues  for
18    transplant  from  a  deceased  donor  in  accordance with the
19    Uniform Anatomical Gift Act.  The  Director  of  Professional
20    Regulation  shall  transmit,  in  writing  and  in  a  timely
21    fashion,  such  information  regarding  the  license  of  the
22    applicant  or  the medical staff member, including the record
23    of imposition of any periods of supervision or monitoring  as
24    a  result  of  alcohol  or  substance  abuse,  as provided by
25    Section 23 of the Medical Practice  Act  of  1987,  and  such
26    information  as  may  have  been  submitted to the Department
27    indicating that the application or medical staff  member  has
28    been  denied, or has surrendered, medical staff privileges at
29    a  hospital  licensed  under  this  Act,  or  any  equivalent
30    facility in another state or territory of the United  States.
31    The  Director of Professional Regulation shall define by rule
 
SB953 Engrossed             -2-                LRB9100490ACsb
 1    the period for timely response to such requests.
 2        No  transmittal  of  information  by  the   Director   of
 3    Professional Regulation, under this Section shall be to other
 4    than   the   president,   chief   operating   officer,  chief
 5    administrative officer, or chief of the medical  staff  of  a
 6    hospital  licensed under this Act, a hospital organized under
 7    the University  of  Illinois  Hospital  Act,  or  a  hospital
 8    operated    by   the   United   States,   or   any   of   its
 9    instrumentalities.  The information so transmitted  shall  be
10    afforded the same status as is information concerning medical
11    studies  by  Part  21  of  Article  VIII of the Code of Civil
12    Procedure, as now or hereafter amended.
13        (b)  All hospitals licensed under this Act, except county
14    hospitals as defined in subsection (c) of Section 15-1 of the
15    Illinois Public Aid Code, shall comply with, and the  medical
16    staff   bylaws   of   these  hospitals  shall  include  rules
17    consistent with, the provisions of this Section in  granting,
18    limiting,  renewing,  or denying medical staff membership and
19    clinical staff privileges.  Hospitals  that  require  medical
20    staff  members  to  possess  faculty  status  with a specific
21    institution of higher education are not  required  to  comply
22    with subsection (1) below when the physician does not possess
23    faculty status.
24             (1)  Minimum   procedures   for  pre-applicants  and
25        initial applicants for  medical  staff  membership  shall
26        include the following:
27                  (A)  Written   procedures   relating   to   the
28             acceptance   and  processing  of  pre-applicants  or
29             initial applicants  for  medical  staff  membership,
30             which should be contained in medical staff bylaws.
31                  (B)  Written   procedures  to  be  followed  in
32             determining  a  pre-applicant's  or  an  applicant's
33             qualifications  for  being  granted  medical   staff
34             membership and privileges.
 
SB953 Engrossed             -3-                LRB9100490ACsb
 1                  (C)  Written   criteria   to   be  followed  in
 2             evaluating  a  pre-applicant's  or  an   applicant's
 3             qualifications.
 4                  (D)  An  evaluation  of a pre-applicant's or an
 5             applicant's  current  health  status   and   current
 6             license status in Illinois.
 7                  (E)  A  written  response to each pre-applicant
 8             or applicant that explains the reason or reasons for
 9             any adverse decision (including all reasons based in
10             whole  or  in  part  on  the   applicant's   medical
11             qualifications   or   any   other  basis,  including
12             economic factors).
13             (2)  Minimum  procedures  with  respect  to  medical
14        staff and clinical  privilege  determinations  concerning
15        current  members  of  the medical staff shall include the
16        following:
17                  (A)  A written notice of an adverse decision by
18             the hospital governing board.
19                  (B)  An  explanation  of  the  reasons  for  an
20             adverse decision including all reasons based on  the
21             quality   of   medical  care  or  any  other  basis,
22             including economic factors.
23                  (C)  A statement of the medical staff  member's
24             right  to  request  a  fair  hearing  on the adverse
25             decision before a hearing panel whose membership  is
26             mutually  agreed  upon  by the medical staff and the
27             hospital governing board. The  hearing  panel  shall
28             have  independent  authority  to recommend action to
29             the hospital governing board. Upon  the  request  of
30             the  medical  staff member or the hospital governing
31             board,  the  hearing  panel  shall   make   findings
32             concerning  the nature of each basis for any adverse
33             decision recommended to and accepted by the hospital
34             governing board.
 
SB953 Engrossed             -4-                LRB9100490ACsb
 1                       (i)  Nothing  in  this  subparagraph   (C)
 2                  limits a hospital's or medical staff's right to
 3                  summarily  suspend,  without a prior hearing, a
 4                  person's medical staff membership  or  clinical
 5                  privileges if the continuation of practice of a
 6                  medical  staff  member constitutes an immediate
 7                  danger  to  the  public,  including   patients,
 8                  visitors,  and  hospital employees and staff. A
 9                  fair hearing shall be commenced within 15  days
10                  after  the  suspension  and  completed  without
11                  delay.
12                       (ii)  Nothing  in  this  subparagraph  (C)
13                  limits  a  medical  staff's right to permit, in
14                  the medical staff bylaws, summary suspension of
15                  membership or clinical privileges in designated
16                  administrative  circumstances  as  specifically
17                  approved  by  the  medical  staff.  This  bylaw
18                  provision must specifically describe  both  the
19                  administrative  circumstance that can result in
20                  a summary suspension  and  the  length  of  the
21                  summary  suspension. The opportunity for a fair
22                  hearing  is  required  for  any  administrative
23                  summary suspension. Any requested hearing  must
24                  be  commenced  within 15 days after the summary
25                  suspension and completed without delay. Adverse
26                  decisions  other  than  suspension   or   other
27                  restrictions  on  the treatment or admission of
28                  patients may be imposed summarily and without a
29                  hearing   under    designated    administrative
30                  circumstances  as  specifically provided for in
31                  the medical staff bylaws  as  approved  by  the
32                  medical staff.
33                       (iii)  If  a hospital exercises its option
34                  to enter into an exclusive  contract  and  that
 
SB953 Engrossed             -5-                LRB9100490ACsb
 1                  contract   results  in  the  total  or  partial
 2                  termination  or  reduction  of  medical   staff
 3                  membership  or clinical privileges of a current
 4                  medical  staff  member,  the   hospital   shall
 5                  provide  the  affected  medical staff member 60
 6                  days prior notice of the effect on his  or  her
 7                  medical  staff  membership  or  privileges.  An
 8                  affected   medical   staff  member  desiring  a
 9                  hearing  under   subparagraph   (C)   of   this
10                  paragraph  (2)  must request the hearing within
11                  14  days  after  the  date  he  or  she  is  so
12                  notified.  The  requested  hearing   shall   be
13                  commenced  and  completed  (with  a  report and
14                  recommendation to the  affected  medical  staff
15                  member,  hospital  governing board, and medical
16                  staff) within 30 days after  the  date  of  the
17                  medical  staff member's request. If agreed upon
18                  by both the  medical  staff  and  the  hospital
19                  governing  board,  the medical staff bylaws may
20                  provide for longer time periods.
21                  (D)  A  statement  of  the  member's  right  to
22             inspect all pertinent information in the  hospital's
23             possession with respect to the decision.
24                  (E)  A  statement  of  the  member's  right  to
25             present  witnesses and other evidence at the hearing
26             on the decision.
27                  (F)  A written notice and  written  explanation
28             of the decision resulting from the hearing.
29                  (F-5)  A  written  notice  of  a  final adverse
30             decision by a hospital governing board.
31                  (G)  Notice given 15 days before implementation
32             of an adverse medical staff membership  or  clinical
33             privileges  decision based substantially on economic
34             factors.  This  notice  shall  be  given  after  the
 
SB953 Engrossed             -6-                LRB9100490ACsb
 1             medical  staff  member   exhausts   all   applicable
 2             procedures  under this Section, including item (iii)
 3             of subparagraph (C) of this paragraph (2), and under
 4             the  medical  staff  bylaws  in   order   to   allow
 5             sufficient time for the orderly provision of patient
 6             care.
 7                  (H)  Nothing  in  this  paragraph  (2)  of this
 8             subsection (b) limits a medical staff member's right
 9             to  waive,  in  writing,  the  rights  provided   in
10             subparagraphs  (A) through (G) of this paragraph (2)
11             of  this  subsection  (b)  upon  being  granted  the
12             written  exclusive  right  to   provide   particular
13             services  at a hospital, either individually or as a
14             member of a  group.  If  an  exclusive  contract  is
15             signed by a representative of a group of physicians,
16             a  waiver  contained  in the contract shall apply to
17             all members of the group unless stated otherwise  in
18             the contract.
19             (3)  Every  adverse  medical  staff  membership  and
20        clinical   privilege   decision  based  substantially  on
21        economic  factors  shall  be  reported  to  the  Hospital
22        Licensing Board before the decision takes effect.   These
23        reports  shall  not be disclosed in any form that reveals
24        the identity of any hospital or physician.  These reports
25        shall be utilized to  study  the  effects  that  hospital
26        medical staff membership and clinical privilege decisions
27        based  upon  economic  factors have on access to care and
28        the availability of  physician  services.   The  Hospital
29        Licensing  Board  shall  submit  an  initial study to the
30        Governor and the General Assembly by January 1, 1996, and
31        subsequent  reports  shall  be   submitted   periodically
32        thereafter.
33             (4)  As used in this Section:
34             "Adverse   decision"   means  a  decision  reducing,
 
SB953 Engrossed             -7-                LRB9100490ACsb
 1        restricting,  suspending,  revoking,  denying,   or   not
 2        renewing medical staff membership or clinical privileges.
 3             "Economic  factor"  means any information or reasons
 4        for  decisions  unrelated   to   quality   of   care   or
 5        professional competency.
 6             "Pre-applicant"   means   a  physician  licensed  to
 7        practice medicine in all its  branches  who  requests  an
 8        application for medical staff membership or privileges.
 9             "Privilege"  means  permission to provide medical or
10        other  patient  care  services  and  permission  to   use
11        hospital  resources,  including equipment, facilities and
12        personnel  that  are  necessary  to  effectively  provide
13        medical or other patient care services.  This  definition
14        shall  not  be construed to require a hospital to acquire
15        additional  equipment,  facilities,   or   personnel   to
16        accommodate the granting of privileges.
17             (5)  Any  amendment to medical staff bylaws required
18        because of  this  amendatory  Act  of  the  91st  General
19        Assembly shall be adopted on or before July 1, 2001.
20        (c)  All  hospitals  shall consult with the medical staff
21    prior to closing membership in the entire or any  portion  of
22    the  medical  staff  or a department.  If the hospital closes
23    membership in the medical staff, any portion of  the  medical
24    staff,  or  the department over the objections of the medical
25    staff, then the hospital shall  provide  a  detailed  written
26    explanation  for  the  decision  to the medical staff 10 days
27    prior to the effective date of any closure.  No  applications
28    need  to  be provided when membership in the medical staff or
29    any relevant portion of the medical staff is closed.
30    (Source:  P.A.  90-14,  eff.  7-1-97;  90-149,  eff.  1-1-98;
31    90-655, eff. 7-30-98.)

[ Top ]