97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4074

 

Introduced , by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 61/10

    Amends the Patients' Right to Know Act. Extends the disclosure period from 5 years to 10 years for certain information that must be posted on a physician's public profile.


LRB097 16041 CEL 61194 b

 

 

A BILL FOR

 

HB4074LRB097 16041 CEL 61194 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Patients' Right to Know Act is amended by
5changing Section 10 as follows:
 
6    (225 ILCS 61/10)
7    Sec. 10. Physician profiles. The Department shall make
8available to the public a profile of each physician. The
9Department shall make this information available through an
10Internet web site and, if requested, in writing. The physician
11profile shall contain the following information:
12        (1) the full name of the physician;
13        (2) a description of any criminal convictions for
14    felonies and Class A misdemeanors, as determined by the
15    Department, within the most recent 10 5 years. For the
16    purposes of this Section, a person shall be deemed to be
17    convicted of a crime if he or she pleaded guilty or if he
18    was found or adjudged guilty by a court of competent
19    jurisdiction;
20        (3) a description of any final Department disciplinary
21    actions within the most recent 10 5 years;
22        (4) a description of any final disciplinary actions by
23    licensing boards in other states within the most recent 10

 

 

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1    5 years;
2        (5) a description of revocation or involuntary
3    restriction of hospital privileges for reasons related to
4    competence or character that have been taken by the
5    hospital's governing body or any other official of the
6    hospital after procedural due process has been afforded, or
7    the resignation from or nonrenewal of medical staff
8    membership or the restriction of privileges at a hospital
9    taken in lieu of or in settlement of a pending disciplinary
10    case related to competence or character in that hospital.
11    Only cases which have occurred within the most recent 10 5
12    years shall be disclosed by the Department to the public;
13        (6) all medical malpractice court judgments and all
14    medical malpractice arbitration awards in which a payment
15    was awarded to a complaining party during the most recent
16    10 5 years and all settlements of medical malpractice
17    claims in which a payment was made to a complaining party
18    within the most recent 10 5 years. A medical malpractice
19    judgment or award that has been appealed shall be
20    identified prominently as "Under Appeal" on the profile
21    within 20 days of formal written notice to the Department.
22    Information concerning all settlements shall be
23    accompanied by the following statement: "Settlement of a
24    claim may occur for a variety of reasons which do not
25    necessarily reflect negatively on the professional
26    competence or conduct of the physician. A payment in

 

 

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1    settlement of a medical malpractice action or claim should
2    not be construed as creating a presumption that medical
3    malpractice has occurred." Nothing in this subdivision (6)
4    shall be construed to limit or prevent the Disciplinary
5    Board from providing further explanatory information
6    regarding the significance of categories in which
7    settlements are reported. Pending malpractice claims shall
8    not be disclosed by the Department to the public. Nothing
9    in this subdivision (6) shall be construed to prevent the
10    Disciplinary Board from investigating and the Department
11    from disciplining a physician on the basis of medical
12    malpractice claims that are pending;
13        (7) names of medical schools attended, dates of
14    attendance, and date of graduation;
15        (8) graduate medical education;
16        (9) specialty board certification. The toll-free
17    number of the American Board of Medical Specialties shall
18    be included to verify current board certification status;
19        (10) number of years in practice and locations;
20        (11) names of the hospitals where the physician has
21    privileges;
22        (12) appointments to medical school faculties and
23    indication as to whether a physician has a responsibility
24    for graduate medical education within the most recent 10 5
25    years;
26        (13) information regarding publications in

 

 

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1    peer-reviewed medical literature within the most recent 10
2    5 years;
3        (14) information regarding professional or community
4    service activities and awards;
5        (15) the location of the physician's primary practice
6    setting;
7        (16) identification of any translating services that
8    may be available at the physician's primary practice
9    location; and
10        (17) an indication of whether the physician
11    participates in the Medicaid program.
12(Source: P.A. 97-280, eff. 8-9-11.)