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Full Text of SB1762  97th General Assembly

SB1762 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1762

 

Introduced 2/9/2011, by Sen. Kirk W. Dillard

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2105/2105-165 new

    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 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.


LRB097 06104 CEL 46177 b

 

 

A BILL FOR

 

SB1762LRB097 06104 CEL 46177 b

1    AN ACT concerning State government.
 
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 the license of the health care worker shall by operation
19of law be permanently revoked without a hearing.
20    (b) No person registered as a sex offender may receive a
21license as a health care worker in Illinois.
22    (c) When an Illinois State's Attorney files criminal
23charges alleging that a licensed health care worker, as defined

 

 

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

 

 

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

 

 

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1or reversed.
2    (f) Nothing contained in this Section shall prohibit the
3Department from initiating or maintaining a disciplinary
4action against a licensee independent from any criminal
5charges, conviction, or sex offender registration.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.