Amends the Code of Civil Procedure. Changes the standards that the court shall apply to determine if a witness qualifies as an expert witness as follows: (i) whether the witness is board certified or board eligible in the same medical specialties as the defendant and is familiar with the same medical problems or the type of treatment administered in the case (instead of the same relationship of the medical specialties of the witness to the medical problem and the type of treatment in the case); (ii) whether the witness has devoted 75% (instead of a substantial portion) of his or her time to the practice of medicine, teaching, or university-based research in relation to the medical care and type of treatment at issue; and (iii) whether the witness is licensed by any state or the District of Columbia (instead of just licensed). Provides that an expert witness shall provide proof of active practice, teaching, or engagement in university-based research. Provides that, if retired, an expert must provide proof of attendance and completion of continuing education courses for the 3 years previous to giving testimony. Provides that an expert who has not actively practiced, taught, or been engaged in university based research within the 10 years previous to giving testimony may not be qualified as an expert witness.
Sponsored bills
Amends the Counties Code, the Illinois Local Library Act, the Illinois Library System Act, the Public Library District Act of 1991, the Chicago Public Library Act, the Village Library Act, the Library Incorporation Act, and the Libraries in Parks Act. Requires a public library that allows minors to use a public access computer to either (i) equip the computer with software that seeks to prevent minors from gaining access to explicit sexual materials or (ii) obtain Internet connectivity from an Internet service provider that provides filter services to limit access to explicit sexual materials.
Amends the Code of Civil Procedure. Requires that the report from the reviewing health professional for a pro se plaintiff in a medical malpractice action contain the name and address of the reviewing health professional and documentation of compliance with the qualifying requirements for being a reviewing health professional. Provides that a reviewing health professional that provides frivolous or improper review of a case shall be liable to each of the parties for the reasonable costs and attorneys' fees expended in resolving the case. Provides that a review shall be found frivolous if it is substantially lacking in factual support, is based upon a standard of care or practice that lacks substantial use in the relevant specialty or field of practice, or is made for an improper purpose, such as to harass or cause needless increase in the cost of litigation. Limits the extension to one 90-day extension for a pro se plaintiff who was unable to obtain a reviewing physician's reports and who has not previously voluntarily dismissed an action based upon the same or substantially the same acts, omissions, or occurrences.
Amends the Code of Civil Procedure. Provides that any expression of grief, apology, remedial action, or explanation provided by a health care provider to a patient, the patient's family, or the patient's legal representative about an inadequate or unanticipated treatment or care outcome that is made within 72 hours of when the provider knew or should have known of the potential cause of such outcome is not admissible as evidence, nor discoverable in any action of any kind in any court or before any tribunal, board, agency, or person. Provides that the disclosure of any such information, whether proper or improper, shall not waive or have any effect upon its confidentiality, nondiscoverability, or inadmissibility. Provides that any person who discloses the information for the purpose of bringing a claim for damages against a provider commits a Class A misdemeanor.
Amends the Environmental Protection Act. Reduces the amounts various fees to be collected by the Environmental Protection Agency. Sets forth new procedures for the collection of NPDES fees and requires that all moneys collected from the fees be deposited into the Illinois Clean Water Fund. Repeals Sections concerning air pollution operating permit fees and fees for water quality certification. Amends the State Finance Act to create the Illinois Clean Water Fund. Effective immediately.
Creates the Loan Repayment Assistance for Physicians Act. Requires the Department of Public Health to establish an educational loan repayment assistance program for physicians who practice in Illinois. Provides that beginning July 1, 2004, the Department shall consider applications for assistance under the program. Sets forth eligibility requirements for applicants. Provides that for each year that a qualified applicant practices full-time as a physician, the Department shall, subject to appropriation, award a grant to that person in an amount equal to the amount in educational loans that the person must repay that year. Provides that the total amount in grants that a person may be awarded shall not exceed $25,000. Provides that loan payment recipients who fail to practice full-time in Illinois for 3 years shall repay the Department a sum equal to 3 times the amount received under the program. Effective July 1, 2004.
Amends the Criminal Code of 1961. Provides that the Department of State Police shall publish a list of handguns having a barrel, slide, frame or receiver that is a die casting of zinc alloy or any other nonhomogeneous metal which will melt or deform at a temperature of less than 800 degrees Fahrenheit. Provides that a building used for the unlawful sale of firearms may be abated as a public nuisance only if the person using the building for the unlawful sale has been convicted of the offense and the Department of State Police has published the list of prohibited firearms. Effective immediately.
Amends the Health Care Arbitration Act. Makes changes to the process by which a health care arbitration agreement may be cancelled by any signatory. Removes language requiring the re-affirmation of the health care arbitration agreement during the discharge planning process. Provides that no health care arbitration agreement shall be valid after 10 (instead of 2) years from the date of its execution.
Mourns the death of Robert J. Raymond of Naperville and Columbus, Mississippi.
Amends the Department of Commerce and Community Affairs Law of the Civil Administrative Code of Illinois. Makes a technical change in a Section concerning the Department's powers and duties.