HB0220 EngrossedLRB097 06079 CEL 46152 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Professional Regulation Law of
5the Civil Administrative Code of Illinois is amended by adding
6Section 2105-165 as follows:
 
7    (20 ILCS 2105/2105-165 new)
8    Sec. 2105-165. Health care worker licensure actions;
9sexual crimes.
10    (a) When a licensed health care worker, as defined in the
11Health Care Worker Self-Referral Act, (1) has been convicted of
12a sexual criminal act that requires registration under the Sex
13Offender Registration Act against a patient in the course of
14patient care or treatment; (2) has been convicted of a criminal
15battery against any patient; (3) has been convicted of a
16forcible felony; or (4) is required as a part of a criminal
17sentence to register under the Sex Offender Registration Act,
18then, notwithstanding any other provision of law to the
19contrary, the license of the health care worker shall by
20operation of law be permanently revoked without a hearing.
21    (b) No person registered as a sex offender may receive a
22license as a health care worker in Illinois.
23    (c) When an Illinois State's Attorney files criminal

 

 

HB0220 Engrossed- 2 -LRB097 06079 CEL 46152 b

1charges alleging that a licensed health care worker, as defined
2in the Health Care Worker Self-Referral Act, committed a
3criminal battery against a patient, including a sexual act
4against a patient in the course of patient care or treatment,
5or a forcible felony, then the State's Attorney shall provide
6notice to the Department of the health care worker's name,
7address, practice address, and license number and the patient's
8name. Within 15 business days after receiving notice from the
9State's Attorney of the filing of criminal charges against the
10health care worker, the Secretary shall issue an administrative
11order that the health care worker shall immediately practice
12only with a chaperone during all patient encounters pending the
13outcome of the criminal proceedings. The licensee shall provide
14a written plan of compliance with the administrative order that
15is acceptable to the Department within 10 days after receipt of
16the administrative order. Failure to comply with the
17administrative order, failure to file a compliance plan, or
18failure to follow the compliance plan shall subject the health
19care worker to temporary suspension of his or her professional
20license until the completion of the criminal proceedings.
21    (d) Nothing contained in this Section shall act in any way
22to waive or modify the confidentiality of information provided
23by the State's Attorney to the extent provided by law. Any
24information reported or disclosed shall be kept for the
25confidential use of the Secretary, Department attorneys, the
26investigative staff, and authorized clerical staff and shall be

 

 

HB0220 Engrossed- 3 -LRB097 06079 CEL 46152 b

1afforded the same status as is provided information under Part
221 of Article VIII of the Code of Civil Procedure, except that
3the Department may disclose information and documents to (1) a
4federal, State, or local law enforcement agency pursuant to a
5subpoena in an ongoing criminal investigation or (2) an
6appropriate licensing authority of another state or
7jurisdiction pursuant to an official request made by that
8authority. Any information and documents disclosed to a
9federal, State, or local law enforcement agency may be used by
10that agency only for the investigation and prosecution of a
11criminal offense. Any information or documents disclosed by the
12Department to a professional licensing authority of another
13state or jurisdiction may only be used by that authority for
14investigations and disciplinary proceedings with regards to a
15professional license.
16    (e) Any licensee whose license was revoked or who received
17an administrative order under this Section shall have the
18revocation or administrative order vacated and completely
19removed from the licensee's records and public view and the
20revocation or administrative order shall be afforded the same
21status as is provided information under Part 21 of Article VIII
22of the Code of Civil Procedure if (1) the charges upon which
23the revocation or administrative order is based are dropped;
24(2) the licensee is not convicted of the charges upon which the
25revocation or administrative order is based; or (3) any
26conviction for charges upon which the revocation or

 

 

HB0220 Engrossed- 4 -LRB097 06079 CEL 46152 b

1administrative order was based have been vacated, overturned,
2or reversed.
3    (f) Nothing contained in this Section shall prohibit the
4Department from initiating or maintaining a disciplinary
5action against a licensee independent from any criminal
6charges, conviction, or sex offender registration.
7    (g) The Department may adopt rules necessary to implement
8this Section.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.