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Public Act 097-0156


 

Public Act 0156 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0156
 
HB1271 EnrolledLRB097 06105 CEL 46178 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Department of Professional Regulation Law of
the Civil Administrative Code of Illinois is amended by adding
Section 2105-165 as follows:
 
    (20 ILCS 2105/2105-165 new)
    Sec. 2105-165. Health care worker licensure actions; sex
crimes.
    (a) When a licensed health care worker, as defined in the
Health Care Worker Self-Referral Act, (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,
notwithstanding any other provision of law to the contrary, the
license of the health care worker shall by operation of law be
permanently revoked without a hearing.
    (b) No person who has been convicted of any offense listed
in subsection (a) or required to register as a sex offender may
receive a license as a health care worker in Illinois.
    (c) Immediately after an Illinois State's Attorney files
criminal charges alleging that a licensed health care worker,
as defined in the Health Care Worker Self-Referral Act,
committed any offense for which the sentence includes
registration as a sex offender; a criminal battery against a
patient, including any offense based on sexual conduct or
sexual penetration, in the course of patient care or treatment;
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. Within 5
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 shall immediately practice only with a
chaperone during all patient encounters pending the outcome of
the criminal proceedings. The chaperone must be a licensed
health care worker. The chaperone shall provide written notice
to all of the health care worker's patients explaining the
Department's order to use a chaperone. Each patient shall sign
an acknowledgement that they received the notice. The notice to
the patient of criminal charges shall include, in 14-point
font, the following statement: "The health care worker is
presumed innocent until proven guilty of the charges.". The
licensed health care worker shall provide a written plan of
compliance with the administrative order that is acceptable to
the Department within 5 days after receipt of the
administrative order. Failure to comply with the
administrative order, failure to file a compliance plan, or
failure 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.
    (d) Nothing contained in this Section shall act in any way
to waive or modify the confidentiality of information provided
by the State's Attorney to the extent provided by law. Any
information reported or disclosed shall be kept for the
confidential use of the Secretary, Department attorneys, the
investigative staff, and authorized clerical staff and shall be
afforded the same status as is provided information under Part
21 of Article VIII of the Code of Civil Procedure, except that
the Department may disclose information and documents to (1) a
federal, State, or local law enforcement agency pursuant to a
subpoena in an ongoing criminal investigation or (2) an
appropriate licensing authority of another state or
jurisdiction pursuant to an official request made by that
authority. Any information and documents disclosed to a
federal, State, or local law enforcement agency may be used by
that agency only for the investigation and prosecution of a
criminal offense. Any information or documents disclosed by the
Department to a professional licensing authority of another
state or jurisdiction may only be used by that authority for
investigations and disciplinary proceedings with regards to a
professional license.
    (e) Any licensee whose license was revoked or who received
an administrative order under this Section shall have the
revocation or administrative order vacated and completely
removed from the licensee's records and public view and the
revocation or administrative order shall be afforded the same
status as is provided information under Part 21 of Article VIII
of the Code of Civil Procedure if (1) the charges upon which
the revocation or administrative order is based are dropped;
(2) the licensee is not convicted of the charges upon which the
revocation or administrative order is based; or (3) any
conviction for charges upon which the revocation or
administrative order was based have been vacated, overturned,
or reversed.
    (f) Nothing contained in this Section shall prohibit the
Department from initiating or maintaining a disciplinary
action against a licensee independent from any criminal
charges, conviction, or sex offender registration.
    (g) The Department may adopt rules necessary to implement
this Section.
 
    Section 99. Effective date. This Act takes effect 30 days
after becoming law.

Effective Date: 8/20/2011