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Full Text of SB3137  97th General Assembly

SB3137enr 97TH GENERAL ASSEMBLY



 


 
SB3137 EnrolledLRB097 17061 DRJ 62259 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
6changing Section 2105-165 as follows:
 
7    (20 ILCS 2105/2105-165)
8    Sec. 2105-165. Health care worker licensure actions; sex
9crimes.
10    (a) When a licensed health care worker, as defined in the
11Health Care Worker Self-Referral Act, (1) has been convicted of
12a criminal act that requires registration under the Sex
13Offender Registration Act; (2) has been convicted of a criminal
14battery against any patient in the course of patient care or
15treatment, including any offense based on sexual conduct or
16sexual penetration; (3) has been convicted of a forcible
17felony; or (4) is required as a part of a criminal sentence to
18register under the Sex Offender Registration Act, then,
19notwithstanding any other provision of law to the contrary, the
20license of the health care worker shall by operation of law be
21permanently revoked without a hearing.
22    (b) No person who has been convicted of any offense listed
23in subsection (a) or required to register as a sex offender may

 

 

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1receive a license as a health care worker in Illinois.
2    (c) Immediately after an Illinois State's Attorney files
3criminal charges alleging that a licensed health care worker,
4as defined in the Health Care Worker Self-Referral Act, has
5been charged with committed any offense for which the sentence
6includes registration as a sex offender; a criminal battery
7against a patient, including any offense based on sexual
8conduct or sexual penetration, in the course of patient care or
9treatment; or a forcible felony; then the prosecuting attorney
10State's Attorney shall provide notice to the Department of the
11health care worker's name, address, practice address, and
12license number and the patient's name and a copy of the
13criminal charges filed. Within 5 business days after receiving
14notice from the prosecuting attorney State's Attorney of the
15filing of criminal charges against the health care worker, the
16Secretary shall issue an administrative order that the health
17care worker shall immediately practice only with a chaperone
18during all patient encounters pending the outcome of the
19criminal proceedings. The chaperone must be a licensed health
20care worker. The chaperone shall provide written notice to all
21of the health care worker's patients explaining the
22Department's order to use a chaperone. Each patient shall sign
23an acknowledgement that they received the notice. The notice to
24the patient of criminal charges shall include, in 14-point
25font, the following statement: "The health care worker is
26presumed innocent until proven guilty of the charges.". The

 

 

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1licensed health care worker shall provide a written plan of
2compliance with the administrative order that is acceptable to
3the Department within 5 days after receipt of the
4administrative order. Failure to comply with the
5administrative order, failure to file a compliance plan, or
6failure to follow the compliance plan shall subject the health
7care worker to temporary suspension of his or her professional
8license until the completion of the criminal proceedings.
9    (d) Nothing contained in this Section shall act in any way
10to waive or modify the confidentiality of information provided
11by the prosecuting attorney State's Attorney to the extent
12provided by law. Any information reported or disclosed shall be
13kept for the confidential use of the Secretary, Department
14attorneys, the investigative staff, and authorized clerical
15staff and shall be afforded the same status as is provided
16information under Part 21 of Article VIII of the Code of Civil
17Procedure, except that the Department may disclose information
18and documents to (1) a federal, State, or local law enforcement
19agency pursuant to a subpoena in an ongoing criminal
20investigation or (2) an appropriate licensing authority of
21another state or jurisdiction pursuant to an official request
22made by that authority. Any information and documents disclosed
23to a federal, State, or local law enforcement agency may be
24used by that agency only for the investigation and prosecution
25of a criminal offense. Any information or documents disclosed
26by the Department to a professional licensing authority of

 

 

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1another state or jurisdiction may only be used by that
2authority for investigations and disciplinary proceedings with
3regards to a professional license.
4    (e) Any licensee whose license was revoked or who received
5an administrative order under this Section shall have the
6revocation or administrative order vacated and completely
7removed from the licensee's records and public view and the
8revocation or administrative order shall be afforded the same
9status as is provided information under Part 21 of Article VIII
10of the Code of Civil Procedure if (1) the charges upon which
11the revocation or administrative order is based are dropped;
12(2) the licensee is not convicted of the charges upon which the
13revocation or administrative order is based; or (3) any
14conviction for charges upon which the revocation or
15administrative order was based have been vacated, overturned,
16or reversed.
17    (f) Nothing contained in this Section shall prohibit the
18Department from initiating or maintaining a disciplinary
19action against a licensee independent from any criminal
20charges, conviction, or sex offender registration.
21    (g) The Department may adopt rules necessary to implement
22this Section.
23(Source: P.A. 97-156, eff. 8-20-11; 97-484, eff. 9-21-11.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.