THE DEPARTMENT OF FINANCIAL
AND
PROFESSIONAL REGULATION
DIVISION OF PROFESSIONAL REGULATION

On February 4, 2010, the Illinois Supreme Court filed its Opinion for Lebron v. Gottlieb, No. 105741 (Ill. Feb. 4, 2010).  The Supreme Court held that the “limitation on noneconomic damages in medical malpractice actions set forth in section 2-1706.5 of the Code [of Civil Procedure] violates the separation of powers clause of the Illinois Constitution (Ill. Const. 1970, art. II, §1) and is invalid.” 

 
            In addition to the provision that the Court found unconstitutional, the Act contained reforms to the Medical Practice Act of 1987 and an inseverability provision that stated, “The provisions of this Act are mutually dependent and inseverable. If any provision is held invalid, then this entire Act, including all new and amendatory provisions, is invalid.” Pub. Act 94-677, §§ 315, 995, eff. August 25, 2005.

 
            Due to the inseverability provision, the Court held that the entire Act, including the Physician Profile Section (§ 24.1) within the Medical Practice Act is stricken and must be reenacted. The Department is reviewing its options for reinstatement and apologizes for any inconvenience.

Please access License Look-up for physician licensing and disciplinary information.