Bill Status of HB0220  97th General Assembly


Short Description:  MED PRACT ACT-SEX OFFENDERS

House Sponsors
Rep. Jack D. Franks - Patricia R. Bellock - Mary E. Flowers - Lisa M. Dugan - Karen A. Yarbrough, Emily McAsey, Thaddeus Jones, William D. Burns, Camille Y. Lilly, Karen May, Carol A. Sente, Deborah Mell, Jack McGuire, Keith Farnham, Linda Chapa LaVia, Sandra M. Pihos, Michelle Mussman, Anthony DeLuca, Fred Crespo, Michael G. Connelly, Sandy Cole, Dennis M. Reboletti and Mark H. Beaubien, Jr.

Senate Sponsors
(Sen. Kirk W. Dillard - Pamela J. Althoff, Ira I. Silverstein and Martin A. Sandoval)

Last Action
DateChamber Action
  8/22/2011HousePublic Act . . . . . . . . . 97-0484

Statutes Amended In Order of Appearance
225 ILCS 60/22from Ch. 111, par. 4400-22
225 ILCS 60/36from Ch. 111, par. 4400-36


Synopsis As Introduced
Amends the Medical Practice Act of 1987. Provides that the Department of Financial and Professional Regulation shall revoke the license or visiting permit of any person issued under this Act to practice medicine or to treat human ailments without the use of drugs and without operative surgery, who has been convicted of committing (1) any felony under the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act, (2) a Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code, or (3) a sexual assault or other battery against his or her patient. Provides that the Department shall investigate any licensee upon notification from any law enforcement agency of a criminal complaint setting forth facts which, if proven, would constitute grounds for suspension or revocation under the Act. Provides that any law enforcement agency in the State must provide immediate notification to the Department when it receives a criminal complaint against a licensee under this Act that alleges sexual assault or other battery on a patient. Effective immediately.

House Committee Amendment No. 1
Deletes reference to:
225 ILCS 60/22
225 ILCS 60/36
Adds reference to:
20 ILCS 2105/2105-165 new

Replaces everything after the enacting clause. Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that any licensed health care worker, who has been (1) convicted of committing a sexual criminal act that requires registration is under the Sex Offender Registration Act against a patient in the course of patient care or treatment, (2) has been convicted of a criminal battery against any patient, (3) a forcible felony, or (4) required as part of a criminal sentence to register under the Sex Offender Registration Act, then the license of the health care worker shall by operation of law be permanently revoked without a hearing. Provides that no person registered as a sex offender may receive a license as a health care worker in Illinois. Requires that within 15 business days after receiving notice from the State's Attorney of the filing of criminal charges against the health care worker, the Secretary shall issue an administrative order that the health care worker may only practice with a chaperone during all patient encounters pending the outcome of the criminal proceedings. Adds provisions concerning the confidentiality of certain information and documents. Effective immediately.

House Committee Amendment No. 2
Requires that a health care worker who fails to comply with an administrative order, fails to file a compliance plan, or fails to follow the compliance plan shall subject the health care worker to temporary suspension of his or her professional license until the completion of the criminal proceedings. Changes certain references from "discipline" to "revocation". Makes other changes.

Senate Floor Amendment No. 2
Replaces everything after the enacting clause. Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that when a licensed health care worker (1) has been convicted of a criminal act that requires registration under the Sex Offender Registration Act; (2) has been convicted of a criminal battery against any patient in the course of patient care or treatment, including any offense based on sexual conduct or sexual penetration; (3) has been convicted of a forcible felony; or (4) is required as a part of a criminal sentence to register under the Sex Offender Registration Act, then the license of the health care worker shall by operation of law be permanently revoked without a hearing. Provides that no person convicted of those offenses or required to register as a sex offender may receive a license as a health care worker in Illinois. Provides that immediately after receiving notice from the State's Attorney of the filing of criminal charges alleging a health care worker committed any offense for which the sentence includes registration as a sex offender; a criminal battery against a patient; or a forcible felony, then the State's Attorney shall provide notice to the Department of the health care worker's name, address, practice address, and license number and the patient's name and a copy of the criminal charges filed. Provides that within 5 business days after receiving notice from the State's Attorney, the Secretary shall issue an administrative order that the health care worker shall immediately practice only with a chaperone during all patient encounters. Provides that a chaperone must be a licensed health care worker and the chaperone shall provide written notice to all the health care worker's patients explaining the Department's order to use a chaperone. Provides that each patient shall sign an acknowledgement that they received the notice. Provides that the notice to the patient of criminal charges shall include a statement that the health care worker is presumed innocent until proven guilty. Provides that the Department may adopt rules necessary to implement the provisions. Adds provisions concerning the confidentiality of certain information and documents. Effective 30 days after becoming law.

Actions 
DateChamber Action
  1/20/2011HouseFiled with the Clerk by Rep. Jack D. Franks
  1/21/2011HouseFirst Reading
  1/21/2011HouseReferred to Rules Committee
  2/8/2011HouseAdded Chief Co-Sponsor Rep. Mary E. Flowers
  2/8/2011HouseAssigned to Insurance Committee
  2/9/2011HouseAdded Chief Co-Sponsor Rep. Lisa M. Dugan
  2/15/2011HouseAdded Chief Co-Sponsor Rep. Karen A. Yarbrough
  2/16/2011HouseAdded Co-Sponsor Rep. Emily McAsey
  2/17/2011HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Jack D. Franks
  2/17/2011HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  2/17/2011HouseAdded Co-Sponsor Rep. Thaddeus Jones
  2/22/2011HouseRe-assigned to Judiciary II - Criminal Law Committee
  2/22/2011HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary II - Criminal Law Committee
  2/23/2011HouseAdded Chief Co-Sponsor Rep. Patricia R. Bellock
  2/23/2011HouseAdded Co-Sponsor Rep. William D. Burns
  2/24/2011HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  2/24/2011HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Jack D. Franks
  2/24/2011HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  2/28/2011HouseHouse Committee Amendment No. 2 Rules Refers to Judiciary II - Criminal Law Committee
  3/2/2011HouseHouse Committee Amendment No. 3 Filed with Clerk by Rep. Jack D. Franks
  3/2/2011HouseHouse Committee Amendment No. 3 Referred to Rules Committee
  3/3/2011HouseAdded Co-Sponsor Rep. Karen May
  3/3/2011HouseAdded Co-Sponsor Rep. Carol A. Sente
  3/3/2011HouseAdded Co-Sponsor Rep. Deborah Mell
  3/3/2011HouseAdded Co-Sponsor Rep. Jack McGuire
  3/3/2011HouseHouse Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  3/3/2011HouseHouse Committee Amendment No. 2 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  3/3/2011HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 006-000-000
  3/3/2011HousePlaced on Calendar 2nd Reading - Short Debate
  3/3/2011HouseHouse Committee Amendment No. 3 Tabled Pursuant to Rule 40
  3/3/2011HouseAdded Co-Sponsor Rep. Keith Farnham
  3/3/2011HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/3/2011HouseAdded Co-Sponsor Rep. Sandra M. Pihos
  3/3/2011HouseAdded Co-Sponsor Rep. Michelle Mussman
  3/8/2011HouseSecond Reading - Short Debate
  3/8/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/10/2011HouseThird Reading - Short Debate - Passed 111-000-000
  3/10/2011HouseAdded Co-Sponsor Rep. Anthony DeLuca
  3/10/2011HouseAdded Co-Sponsor Rep. Fred Crespo
  3/10/2011HouseAdded Co-Sponsor Rep. Michael G. Connelly
  3/10/2011HouseAdded Co-Sponsor Rep. Sandy Cole
  3/10/2011HouseAdded Co-Sponsor Rep. Dennis M. Reboletti
  3/10/2011HouseAdded Co-Sponsor Rep. Mark H. Beaubien, Jr.
  3/14/2011SenateArrive in Senate
  3/14/2011SenatePlaced on Calendar Order of First Reading
  3/14/2011SenateChief Senate Sponsor Sen. Kirk W. Dillard
  3/14/2011SenateAdded as Alternate Chief Co-Sponsor Sen. Pamela J. Althoff
  3/14/2011SenateFirst Reading
  3/14/2011SenateReferred to Assignments
  4/27/2011SenateAssigned to Licensed Activities
  5/3/2011SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Kirk W. Dillard
  5/3/2011SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/5/2011SenateDo Pass Licensed Activities; 008-000-000
  5/5/2011SenatePlaced on Calendar Order of 2nd Reading May 6, 2011
  5/9/2011SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Kirk W. Dillard
  5/9/2011SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/10/2011SenateSenate Floor Amendment No. 2 Assignments Refers to Licensed Activities
  5/16/2011SenateSenate Floor Amendment No. 2 Recommend Do Adopt Licensed Activities; 008-000-000
  5/18/2011SenateSecond Reading
  5/18/2011SenateSenate Floor Amendment No. 2 Adopted; Dillard
  5/18/2011SenatePlaced on Calendar Order of 3rd Reading May 19, 2011
  5/18/2011SenateAdded as Alternate Co-Sponsor Sen. Ira I. Silverstein
  5/23/2011SenateAdded as Alternate Co-Sponsor Sen. Martin A. Sandoval
  5/23/2011SenateThird Reading - Passed; 056-000-000
  5/23/2011SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/23/2011HouseArrived in House
  5/23/2011HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2
  5/23/2011HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Jack D. Franks
  5/23/2011HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/27/2011HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 003-001-000
  5/28/2011HouseSenate Floor Amendment No. 2 House Concurs 109-000-000
  5/28/2011HousePassed Both Houses
  6/24/2011HouseSent to the Governor
  8/22/2011HouseGovernor Approved
  8/22/2011HouseEffective Date September 21, 2011
  8/22/2011HousePublic Act . . . . . . . . . 97-0484