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Public Act 097-0280


 

Public Act 0280 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0280
 
HB0105 EnrolledLRB097 05223 CEL 45273 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Patients' Right to Know Act.
 
    Section 5. Definitions. For purposes of this Act, the
following definitions shall have the following meanings,
except where the context requires otherwise:
    "Department" means the Department of Financial and
Professional Regulation.
    "Disciplinary Board" means the Medical Disciplinary Board.
    "Physician" means a person licensed under the Medical
Practice Act to practice medicine in all of its branches or a
chiropractic physician licensed to treat human ailments
without the use of drugs and without operative surgery.
    "Secretary" means the Secretary of the Department of
Financial and Professional Regulation.
 
    Section 10. Physician profiles. The Department shall make
available to the public a profile of each physician. The
Department shall make this information available through an
Internet web site and, if requested, in writing. The physician
profile shall contain the following information:
        (1) the full name of the physician;
        (2) a description of any criminal convictions for
    felonies and Class A misdemeanors, as determined by the
    Department, within the most recent 5 years. For the
    purposes of this Section, a person shall be deemed to be
    convicted of a crime if he or she pleaded guilty or if he
    was found or adjudged guilty by a court of competent
    jurisdiction;
        (3) a description of any final Department disciplinary
    actions within the most recent 5 years;
        (4) a description of any final disciplinary actions by
    licensing boards in other states within the most recent 5
    years;
        (5) a description of revocation or involuntary
    restriction of hospital privileges for reasons related to
    competence or character that have been taken by the
    hospital's governing body or any other official of the
    hospital after procedural due process has been afforded, or
    the resignation from or nonrenewal of medical staff
    membership or the restriction of privileges at a hospital
    taken in lieu of or in settlement of a pending disciplinary
    case related to competence or character in that hospital.
    Only cases which have occurred within the most recent 5
    years shall be disclosed by the Department to the public;
        (6) all medical malpractice court judgments and all
    medical malpractice arbitration awards in which a payment
    was awarded to a complaining party during the most recent 5
    years and all settlements of medical malpractice claims in
    which a payment was made to a complaining party within the
    most recent 5 years. A medical malpractice judgment or
    award that has been appealed shall be identified
    prominently as "Under Appeal" on the profile within 20 days
    of formal written notice to the Department. Information
    concerning all settlements shall be accompanied by the
    following statement: "Settlement of a claim may occur for a
    variety of reasons which do not necessarily reflect
    negatively on the professional competence or conduct of the
    physician. A payment in settlement of a medical malpractice
    action or claim should not be construed as creating a
    presumption that medical malpractice has occurred."
    Nothing in this subdivision (6) shall be construed to limit
    or prevent the Disciplinary Board from providing further
    explanatory information regarding the significance of
    categories in which settlements are reported. Pending
    malpractice claims shall not be disclosed by the Department
    to the public. Nothing in this subdivision (6) shall be
    construed to prevent the Disciplinary Board from
    investigating and the Department from disciplining a
    physician on the basis of medical malpractice claims that
    are pending;
        (7) names of medical schools attended, dates of
    attendance, and date of graduation;
        (8) graduate medical education;
        (9) specialty board certification. The toll-free
    number of the American Board of Medical Specialties shall
    be included to verify current board certification status;
        (10) number of years in practice and locations;
        (11) names of the hospitals where the physician has
    privileges;
        (12) appointments to medical school faculties and
    indication as to whether a physician has a responsibility
    for graduate medical education within the most recent 5
    years;
        (13) information regarding publications in
    peer-reviewed medical literature within the most recent 5
    years;
        (14) information regarding professional or community
    service activities and awards;
        (15) the location of the physician's primary practice
    setting;
        (16) identification of any translating services that
    may be available at the physician's primary practice
    location; and
        (17) an indication of whether the physician
    participates in the Medicaid program.
 
    Section 15. Publication of physician's profiles. The
Disciplinary Board shall provide individual physicians with a
copy of their profiles prior to release to the public. A
physician shall be provided 60 days to correct factual
inaccuracies that appear in such profile.
 
    Section 20. Exclusion of information from physician's
profiles. A physician may elect to have his or her profile
omit certain information provided pursuant to subdivisions
(12) through (14) of Section 10 of this Act concerning academic
appointments and teaching responsibilities, publication in
peer-reviewed journals and professional and community service
awards. In collecting information for such profiles and in
disseminating the same, the Disciplinary Board shall inform
physicians that they may choose not to provide such information
required pursuant to subdivisions (12) through (14) of Section
10 of this Act.
 
    Section 25. Rules. The Department shall promulgate such
rules as it deems necessary to accomplish the requirements of
this Act, including, but not limited to, rules requiring
physicians to submit the necessary information that shall be
published under this Act.
 
    Section 30. Penalties. Failure to comply with this Act may
be grounds for disciplinary action as provided in the Medical
Practice Act of 1987.
 
    (225 ILCS 60/24.1 rep.)
    Section 900. The Medical Practice Act of 1987 is amended by
repealing Section 24.1.
 
    Section 999. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/9/2011