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Full Text of HB1271  97th General Assembly

HB1271ham003 97TH GENERAL ASSEMBLY

Rep. William D. Burns

Filed: 4/1/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1271

2    AMENDMENT NO. ______. Amend House Bill 1271 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; 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

 

 

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1felony; or (4) is required as a part of a criminal sentence to
2register under the Sex Offender Registration Act, then,
3notwithstanding any other provision of law to the contrary, the
4license of the health care worker shall by operation of law be
5permanently revoked without a hearing.
6    (b) No person who has been convicted of any offense listed
7in subsection (a) or required to register as a sex offender may
8receive a license as a health care worker in Illinois.
9    (c) Immediately after an Illinois State's Attorney files
10criminal charges alleging that a licensed health care worker,
11as defined in the Health Care Worker Self-Referral Act,
12committed any offense for which the sentence includes
13registration as a sex offender; a criminal battery against a
14patient, including any offense based on sexual conduct or
15sexual penetration, in the course of patient care or treatment;
16or a forcible felony; then the State's Attorney shall provide
17notice to the Department of the health care worker's name,
18address, practice address, and license number and the patient's
19name and a copy of the criminal charges filed. Within 5
20business days after receiving notice from the State's Attorney
21of the filing of criminal charges against the health care
22worker, the Secretary shall issue an administrative order that
23the health care worker shall immediately practice only with a
24chaperone during all patient encounters pending the outcome of
25the criminal proceedings. The chaperone must be a licensed
26health care worker. The chaperone shall provide written notice

 

 

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1to all of the health care worker's patients explaining the
2Department's order to use a chaperone. Each patient shall sign
3an acknowledgement that they received the notice. The notice to
4the patient of criminal charges shall include, in 14-point
5font, the following statement: "The health care worker is
6presumed innocent until proven guilty of the charges.". The
7licensed health care worker shall provide a written plan of
8compliance with the administrative order that is acceptable to
9the Department within 5 days after receipt of the
10administrative order. Failure to comply with the
11administrative order, failure to file a compliance plan, or
12failure to follow the compliance plan shall subject the health
13care worker to temporary suspension of his or her professional
14license until the completion of the criminal proceedings.
15    (d) Nothing contained in this Section shall act in any way
16to waive or modify the confidentiality of information provided
17by the State's Attorney to the extent provided by law. Any
18information reported or disclosed shall be kept for the
19confidential use of the Secretary, Department attorneys, the
20investigative staff, and authorized clerical staff and shall be
21afforded the same status as is provided information under Part
2221 of Article VIII of the Code of Civil Procedure, except that
23the Department may disclose information and documents to (1) a
24federal, State, or local law enforcement agency pursuant to a
25subpoena in an ongoing criminal investigation or (2) an
26appropriate licensing authority of another state or

 

 

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1jurisdiction pursuant to an official request made by that
2authority. Any information and documents disclosed to a
3federal, State, or local law enforcement agency may be used by
4that agency only for the investigation and prosecution of a
5criminal offense. Any information or documents disclosed by the
6Department to a professional licensing authority of another
7state or jurisdiction may only be used by that authority for
8investigations and disciplinary proceedings with regards to a
9professional license.
10    (e) Any licensee whose license was revoked or who received
11an administrative order under this Section shall have the
12revocation or administrative order vacated and completely
13removed from the licensee's records and public view and the
14revocation or administrative order shall be afforded the same
15status as is provided information under Part 21 of Article VIII
16of the Code of Civil Procedure if (1) the charges upon which
17the revocation or administrative order is based are dropped;
18(2) the licensee is not convicted of the charges upon which the
19revocation or administrative order is based; or (3) any
20conviction for charges upon which the revocation or
21administrative order was based have been vacated, overturned,
22or reversed.
23    (f) Nothing contained in this Section shall prohibit the
24Department from initiating or maintaining a disciplinary
25action against a licensee independent from any criminal
26charges, conviction, or sex offender registration.

 

 

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1    (g) The Department may adopt rules necessary to implement
2this Section.
 
3    Section 99. Effective date. This Act takes effect 30 days
4after becoming law.".