Report card: How Illinois protects patients from sexually abusive doctors

Transparency: 46
Is complete and accurate information on physician discipline provided to help patients protect themselves? More...
The best states make it easy for the public to find comprehensive information on physicians, including whether they have been disciplined for sexual abuse or other violations. To assess transparency, the AJC used five measures. Top grades went to states where medical regulators posted disciplinary orders on websites going back at least 15 years; fully detailed the acts that led to sanctions; avoided private orders, reprimands or letters; provided easy web access to clearly labeled doctor information including disciplinary documents; and listed any hospital sanctions, criminal convictions and out-of-state disciplinary actions for each physician.
- Are all orders posted?: 4 of 20
  
  Disciplinary orders are not posted.
- Do orders or other information online detail violations that led to sanctions?: 8 of 20
  
  The reason for action listed on the website is often vague. The board said the orders cite the provisions of the Medical Practice Act that are violated, along with a summary of the factual basis.
- Does doctor profile information include hospital sanctions, criminal charges and orders from other states?: 12 of 20
  
  Information is limited to the last 10 years
- Is it easy to find all doctor information on the website?: 18 of 20
  
  A search may bring up two listings for the same doctor.
- Can boards issue private orders or letters?: 4 of 20
  
  The board can issue non-public letters of concern and non-disciplinary actions.

Duty-to-report laws: 84
Are colleagues and institutions that are aware of potential physician misconduct required to notify regulators? More...
To break the code of silence that can shield abusive doctors, the best states have laws requiring all physicians and health care institutions to notify regulators of potential violations. To assess these laws, the AJC used five measures. Top grades went to states where a broad range of health care facilities, not only hospitals, are required to notify regulators of alleged physician misconduct; where there is a deadline of no more than 30 days for making those reports; where penalties for failing to report are clear and significant; where doctors are required to report fellow practitioners; and where courts or law enforcement agencies must notify regulators when a doctor is criminally convicted.
- Which health care facilities must report doctors to medical regulators?: 20 of 20
  
  Health care institutions must report to the disciplinary board when a doctor's clinical privileges are terminated or restricted or a doctor accepts voluntary termination or restriction in lieu of formal action.
- Does the law set a deadline for them to notify regulators?: 12 of 20
  
  Within 60 days after disciplinary action
- Does the law establish penalties for failure to comply?: 20 of 20
  
  Violations are misdemeanors
- Are physicians required to report peers?: 12 of 20
  
  In certain circumstances, physicians must report fellow practitioners. For example, they are required to report if they believe a fellow doctor has violated the Controlled Substances Act.
- Are courts or prosecutors required to notify regulators of physicians’ criminal convictions?: 20 of 20
  
  The state's attorney in each county must report within five days when a doctor is convicted of any felony or Class A misdemeanor. Also, prosecutors are required to immediately notify regulators when they charge a health care work with sex crimes or forcible felonies.

Board composition: 75
Are consumer members included to balance physicians’ tendency to identify with their colleagues? More...
A blueprint developed by The Federation of State Medical Boards recognized the importance of having independent public members on physician-dominated medical regulatory agencies. To assess the composition of disciplinary agencies, the AJC used three measures, with the most weight given to consumer representation. Top grades went to states where public members make up at least 40 percent of the board; where those members represent consumers and where neither they nor their family members have professional or financial ties to health care; and where women hold at least 40 percent of the board seats.
- Is the public well represented?: 40 of 50
  
  The medical disciplinary board has six physicians, one chiropractor and four public members.
- Are public members independent and do they represent consumers?: 15 of 25
  
  The four public members may not be engaged in any way, directly or indirectly, as providers of health care.
- Are women well represented on the board?: 20 of 25
  
  Four of the 11 members are women.

Criminal acts: 36
Are medical regulators and law enforcement made aware of doctors’ criminal conduct? More...
The medical profession has long recognized the power imbalance between doctors and patients. But only in recent years have states enacted three key laws to try to protect vulnerable patients from dangerous doctors. The AJC considered two of these laws the most important. Top grades went to states where physicians must undergo criminal background checks, with fingerprints, at initial license application and periodically; and where doctor-patient sexual contact has been made a criminal offense in recognition that patients cannot give meaningful consent. In addition, the AJC also rated states on whether medical boards that learn of allegations of criminal conduct must alert law enforcement.
- Are physicians required to undergo criminal background checks?: 24 of 40
  
  Required at initial application, with fingerprints
- Is board required by law to notify law enforcement?: 4 of 20
  
  No legal requirement
- Has the state criminalized sexual misconduct involving doctors and patients?: 8 of 40
  
  The state has no criminal laws specific to physicians.

Discipline laws: 65
Do state laws strengthen oversight and discipline of problem physicians? More...
Abusive physicians can be protected by laws that limit regulators’ ability to investigate cases and don’t require permanent revocation of doctor licenses for egregious offenses. To assess the legal environment for doctor discipline, the AJC examined four key laws. Top grades went to states that require permanent revocation of doctor licenses for some violations; where physicians who have been convicted of felonies or who have lost their licenses in other states cannot be licensed; where medical regulators are entitled to records and other proceedings of hospital peer review committees that examine doctor misconduct; and where there is a reasonable standard of proof required for disciplinary action against physicians, especially in sexual misconduct cases where there may be no independent witnesses.
- Does state law require revocation for some violations? Can revocation be permanent?: 25 of 25
  
  Permanent revocation is required for certain sex offenses; for specified forcible felonies; and for criminal battery against a patient.
- Do medical regulators have the legal right to hospital peer review records and proceedings?: 20 of 25
  
  State law does not restrict access to hospital information regarding investigations of misconduct, including sexual misconduct. The law does restrict access to information pertaining to peer reviews when the issue is treatment of a patient.
- Does state law mandate that regulators deny licenses to physician applicants who have committed certain violations?: 15 of 25
  
  Those convicted of forcible felonies or criminal battery against a patient are barred from being licensed, as are registered sex offenders. Illinois law does not bar physicians otherwise currently suspended or revoked in other states.
- What is the standard of proof for regulators to impose disciplinary sanctions?: 5 of 25
  
  The state requires clear and convincing evidence to prove a disciplinary case against a doctor. That may make it hard to prove a sexual misconduct case when it may be a patient's word against a doctor's. Most states require a preponderance of evidence to impose discipline.

Illinois

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