Illinois General Assembly

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Full Text of HB0220  97th General Assembly


Rep. Jack D. Franks

Filed: 2/17/2011





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2    AMENDMENT NO. ______. Amend House Bill 220 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Department of Professional Regulation Law
5of the Civil Administrative Code of Illinois is amended by
6adding Section 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



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1sentence to register under the Sex Offender Registration Act,
2then the license of the health care worker shall by operation
3of law be permanently revoked without a hearing.
4    (b) No person registered as a sex offender may receive a
5license as a health care worker in Illinois.
6    (c) When an Illinois State's Attorney files criminal
7charges alleging that a licensed health care worker, as defined
8in the Health Care Worker Self-Referral Act, committed a
9criminal battery against a patient, including a sexual act
10against a patient in the course of patient care or treatment,
11or a forcible felony, then the State's Attorney shall provide
12notice to the Department of the health care worker's name,
13address, practice address, and license number and the patient's
14name. Within 15 business days after receiving notice from the
15State's Attorney of the filing of criminal charges against the
16health care worker, the Secretary shall issue an administrative
17order that the health care worker shall immediately practice
18only with a chaperone during all patient encounters pending the
19outcome of the criminal proceedings. The licensee shall provide
20an acceptable written plan of compliance with the
21administrative order to the Department within 10 days after
22receipt of the administrative order. Failure to comply with the
23administrative order, failure to file a compliance plan, or
24failure to follow the compliance plan shall subject the health
25care worker to temporary suspension of his or her professional



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1    (d) Nothing contained in this Section shall act in any way
2to waive or modify the confidentiality of information provided
3by the State's Attorney to the extent provided by law. Any
4information reported or disclosed shall be kept for the
5confidential use of the Secretary, Department attorneys, the
6investigative staff, and authorized clerical staff and shall be
7afforded the same status as is provided information under Part
821 of Article VIII of the Code of Civil Procedure, except that
9the Department may disclose information and documents to (1) a
10federal, State, or local law enforcement agency pursuant to a
11subpoena in an ongoing criminal investigation or (2) an
12appropriate licensing authority of another state or
13jurisdiction pursuant to an official request made by that
14authority. Any information and documents disclosed to a
15federal, State, or local law enforcement agency may be used by
16that agency only for the investigation and prosecution of a
17criminal offense. Any information or documents disclosed by the
18Department to a professional licensing authority of another
19state or jurisdiction may only be used by that authority for
20investigations and disciplinary proceedings with regards to a
21professional license.
22    (e) Any licensee disciplined or who received an
23administrative order under this Section shall have the
24discipline or administrative order vacated and completely
25removed from the licensee's records and public view and the
26discipline or administrative order shall be afforded the same



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1status as is provided information under Part 21 of Article VIII
2of the Code of Civil Procedure if (1) the charges upon which
3the discipline or administrative order is based are dropped;
4(2) the licensee is not convicted of the charges upon which the
5discipline or administrative order is based; or (3) any
6conviction for charges upon which the discipline or
7administrative order was based have been vacated, overturned,
8or reversed.
9    (f) Nothing contained in this Section shall prohibit the
10Department from initiating or maintaining a disciplinary
11action against a licensee independent from any criminal
12charges, conviction, or sex offender registration.
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".