CARBONDALE - Health care providers practicing in Carbondale who have been disciplined by the state within the last five years would have to disclose that information to their patients under a proposed ordinance the city council considers tonight.

The ordinance would piggy-back last year's ground-breaking medical malpractice ordinance, which was aimed at curbing abuses in medical malpractice lawsuits.

This past summer, the council pushed through a measure that limits venue shopping and caps non-economic awards on suits filed against a physician who practices in Carbondale. Carbondale, which used its home rule powers to adopt the ordinance, was one of the first communities to do so in Illinois.

When Carbondale City Councilman Chris Wissmann cast his vote in support of the city's medical malpractice ordinance, he did it out of compromise. Now, six months later, Wissmann wants another part of the multifaceted problem to be addressed: physician responsibility.

"The information would be 'on the label.' This is not going to be an undue burden on the doctors as some people will try to bring up," Wissmann said. "Patients should have a right to know about the doctor who is treating them."

If passed, the ordinance would require patients to sign a statement indicating knowledge of the disciplinary action and the acceptance of care from that medical service provider despite the disciplinary action. Those who would have to follow the disclosure guidelines would include licensed physicians, licensed chiropractors, dentists, registered nurses and physicians assistants.

Those medical service providers that do not comply would be fined between $250 and $750.

George Maroney, Carbondale Memorial Hospital administrator, said the proposed ordinance is patently unfair and would create an environment of the "scarlet letter."

"When a physician is disciplined by the Department of Professional Regulations that is public record, and that should be it," Maroney said. "There is a due process, the physician is reviewed by a state body and receives a sanction if one is appropriate. Like the judicial system, you are judged once. There is no double jeopardy."

Wissmann agrees information on Illinois medical service providers is available to the public, but he said there should be an easier way for patients, especially the elderly and poor, to become educated about their doctor.

"This is not going to be an administrative nightmare, it is not going to cost people tons of money and it is not going to affect hundreds of people - it is going to affect a small number of people who made mistakes," Wissmann said.

Wissmann said the only way a statewide solution will be found for the ever increasing malpractice insurance rates is through compromise from all parties involved. He said if the city of Carbondale can demonstrate that a complex problem can be remedied by taking definitive steps, maybe the Illinois legislature will take note and begin to make head-way toward a solution.

The Carbondale City Council meeting convenes at 7 p.m. today at city hall. The complete agenda is available on the city Web site: www.ci.carbondale.il.us.

nicole.sack@thesouthern.com 618-351-5816