May 24, 2012

Illinois Patients’ Right to Know Act

The Illinois Patients’ Right to Know Act (Act) P.A. 097-0280 was signed into law on August 9, 2011 by Illinois Governor Pat Quinn.  The Act, which became effective immediately, requires the Illinois Department of Financial and Professional Regulation (IDFPR) to make available to the public a profile of each physician licensed under the Illinois Medical Practice Act.  The profiles shall be available on the IDFPR’s website, www.idfpr.com, and possibly in hard copy upon request.

 The profiles shall contain detailed information about the physician as follows:

  •  The full name of the physician;  
  • Description of criminal convictions for felonies and Class A misdemeanors within the last five (5) years
  • Description of any final IDFPR disciplinary actions within the last five (5) years;
  • Description of any final disciplinary actions by licensing boards in other states within the last five (5) years;
  • Description of any of the following within the last five (5) years:  revocation or involuntary restriction of hospital privileges for competence or character , the resignation from or non-renewal 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;
  • All medical malpractice court judgments and all medical malpractice arbitration awards during the last five (5) years;
  • Names of medical schools attended;
  • Graduate medical education;
  • Specialty board certification;
  • Number of years in practice and locations;
  • Names of hospitals where the physician has privileges;
  • Appointments to medical school faculties;
  • Information regarding publications and peer review medical literature;
  • Information regarding professional and community service activities and awards;
  • Location of the physician’s primary practice;
  • Identification of any translating services that may be available at the physician’s primary practice; and
  •  An indication of whether the physician participates in the Medicaid program.

Illinois physicians shall be provided with an opportunity to review their profiles prior to release to the public.  Each physician shall have sixty (60) days to correct factual inaccuracies that appear in each profile.  Additionally, physicians may elect to have certain information omitted from the profile including, but not limited to information pertaining to medical school faculties, publications and professional or community service activities.

Failure to comply with the new Act may be grounds for discipline pursuant to the Medical Practice Act.  The IDFPR is expected to establish regulations to carry out the Act.

© 2012 BARNES & THORNBURG LLP

About the Author

Associate

Carolyn V. Metnick is an associate in the Chicago office of Barnes & Thornburg LLP and a member of the firm’s Healthcare Department.

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