HB3263 97TH GENERAL ASSEMBLY

LRB097 10843 CEL 51337 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3263

Introduced 2/24/2011, by Rep. Patricia R. Bellock

SYNOPSIS AS INTRODUCED:

See Index

Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that when the Secretary receives notification from an Illinois State's Attorney of the filing of criminal charges alleging that a health care worker, as defined in the Health Care Worker Self-Referral Act, committed any offense that (1) involves bodily harm against a patient, including any offense based on sexual conduct or sexual penetration or (2) requires as a part of its criminal sentence to register under the Sex Offender Registration Act, the Secretary shall suspend the license of the health care worker without a hearing for 45 days, simultaneously with the institution of proceedings for a hearing. Adds provisions concerning disciplinary hearings and confidentiality. Provides that the Department shall immediately permanently revoke the license or permit of any health care worker who has been convicted of such a crime and that the Department shall not reinstate or issue a license or permit as a health care worker to any such convicted person unless that person's conviction has been vacated, overturned, or reversed. Provides that these new provisions apply notwithstanding any other provision of law to the contrary. Amends the Counties Code. Adds to the duties of State's Attorney the duty to: (1) notify the Department of the filing of criminal charges alleging that a health care worker committed any offense that (i) involves bodily harm against a patient, including any offense based on sexual conduct or sexual penetration or (ii) requires as a part of its criminal sentence to register under the Sex Offender Registration Act and (2) notify the Department upon the conviction of any health care worker of such a crime. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 Sections 2105-165 and 2105-166 as follows:

(20 ILCS 2105/2105-165 new)

Sec. 2105-165. Health care worker licensure actions; intentional felonies and sex crimes.

(a) Whenever the Department is informed of any allegations that a health care worker has, during the course of patient care or treatment, committed any act involving bodily harm, sexual conduct, or sexual penetration against a patient, the Department shall within 24 hours notify the appropriate local, State, or federal law enforcement agency.

(b) When the Secretary receives notification from an Illinois State's Attorney of the filing of criminal charges alleging that a health care worker, as defined in the Health Care Worker Self-Referral Act, committed any offense that (1) involves bodily harm against a patient, including any offense based on sexual conduct or sexual penetration, or (2) requires as a part of its criminal sentence to register under the Sex Offender Registration Act, the Secretary shall immediately temporarily suspend the license of the health care worker without a hearing for 45 days, simultaneously with the institution of proceedings for a hearing in accordance with subsection (d) of this Section.

(c) If an Illinois State's Attorney files criminal felony charges alleging that a licensed health care worker, as defined in the Health Care Worker Self-Referral Act, committed any offense that (1) involves bodily harm against a patient, including any offense based on sexual conduct or sexual penetration, or (2) requires as a part of its criminal sentence to register under the Sex Offender Registration Act, 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.

(d) If the Secretary suspends a license under subsection (a) of this Section, then a hearing on the health care worker's license must be convened by the appropriate licensing or disciplinary board within 45 days after the summary suspension and completed without appreciable delay. This hearing is to determine whether to recommend to the Secretary that the health care worker's license be kept on suspended status or be reinstated through the duration of the criminal proceedings against the health care worker. In the hearing, any written information or communication and any other evidence submitted therewith may be introduced as evidence against the health care worker; provided however, the health care worker, or his or her counsel, shall have the opportunity to impeach such evidence and to submit exculpatory evidence.

If the appropriate licensing or disciplinary board reinstates the license while criminal proceedings against the licensee are still on-going, then the Secretary shall immediately issue an administrative order that the licensee shall practice only with a chaperone, approved by the Secretary, during all patient encounters until the conclusion of the criminal proceedings against the licensee. The Secretary's order shall require the licensee to provide an acceptable written plan of compliance with the administrative order within 10 days after receiving the order. Failure to comply with the administrative order, to file a compliance plan, or to follow the compliance plan shall subject the licensee to an immediate suspension of his or her license until the conclusion of the criminal proceedings.

(e) 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, except that the Department may disclose information and documents to (1) a federal, State, or local law enforcement agency 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.

(f) Any licensee disciplined or who received an administrative order under this Section shall have the discipline or administrative order vacated and completely removed from the licensee's records and public view and the discipline 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 discipline or administrative order is based are dropped; (2) the licensee is not convicted of the charges upon which the discipline or administrative order is based; or (3) any conviction for charges upon which the discipline or administrative order was based have been vacated, overturned, or reversed.

(g) 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.

(20 ILCS 2105/2105-166 new)

Sec. 2105-166. Revocation of license of health care worker for conviction of violent or sexual crime against patient; ban from licensure or reinstatement.

(a) The Department shall immediately permanently revoke the license or permit of any health care worker, as defined in the Health Care Worker Self-Referral Act, who has been convicted of any offense that (1) involves bodily harm against a patient, including any offense based on sexual conduct or sexual penetration, or (2) requires as a part of its criminal sentence to register under the Sex Offender Registration Act.

(b) The Department shall not issue a license or permit as a health care worker to any person who has been convicted of any offense that (1) involves bodily harm against a patient, including any offense based on sexual conduct or sexual penetration, or (2) requires as a part of its criminal sentence to register under the Sex Offender Registration Act unless that person's conviction has been vacated, overturned, or reversed.

(c) The provisions of this Section apply notwithstanding any other provision of law to the contrary.

Section 10. The Counties Code is amended by changing Section 3-9005 as follows:

(55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)

Sec. 3-9005. Powers and duties of State's attorney.

(a) The duty of each State's attorney shall be:

(1) To commence and prosecute all actions, suits, indictments and prosecutions, civil and criminal, in the circuit court for his county, in which the people of the State or county may be concerned.

(2) To prosecute all forfeited bonds and recognizances, and all actions and proceedings for the recovery of debts, revenues, moneys, fines, penalties and forfeitures accruing to the State or his county, or to any school district or road district in his county; also, to prosecute all suits in his county against railroad or transportation companies, which may be prosecuted in the name of the People of the State of Illinois.

(3) To commence and prosecute all actions and proceedings brought by any county officer in his official capacity.

(4) To defend all actions and proceedings brought against his county, or against any county or State officer, in his official capacity, within his county.

(5) To attend the examination of all persons brought before any judge on habeas corpus, when the prosecution is in his county.

(6) To attend before judges and prosecute charges of felony or misdemeanor, for which the offender is required to be recognized to appear before the circuit court, when in his power so to do.

(7) To give his opinion, without fee or reward, to any county officer in his county, upon any question or law relating to any criminal or other matter, in which the people or the county may be concerned.

(8) To assist the attorney general whenever it may be necessary, and in cases of appeal from his county to the Supreme Court, to which it is the duty of the attorney general to attend, he shall furnish the attorney general at least 10 days before such is due to be filed, a manuscript of a proposed statement, brief and argument to be printed and filed on behalf of the people, prepared in accordance with the rules of the Supreme Court. However, if such brief, argument or other document is due to be filed by law or order of court within this 10 day period, then the State's attorney shall furnish such as soon as may be reasonable.

(9) To pay all moneys received by him in trust, without delay, to the officer who by law is entitled to the custody thereof.

(10) To notify, by first class mail, complaining witnesses of the ultimate disposition of the cases arising from an indictment or an information.

(11) To perform such other and further duties as may, from time to time, be enjoined on him by law.

(12) To appear in all proceedings by collectors of taxes against delinquent taxpayers for judgments to sell real estate, and see that all the necessary preliminary steps have been legally taken to make the judgment legal and binding.

(13) To notify, by first-class mail, the State Superintendent of Education, the applicable regional superintendent of schools, and the superintendent of the employing school district or the chief school administrator of the employing nonpublic school, if any, upon the conviction of any individual known to possess a certificate issued pursuant to Article 21 of the School Code of any offense set forth in Section 21-23a of the School Code or any other felony conviction, providing the name of the certificate holder, the fact of the conviction, and the name and location of the court where the conviction occurred. The certificate holder must also be contemporaneously sent a copy of the notice.

(14) To notify, by telephone and overnight mail, the Department of Financial and Professional Regulation of the filing of criminal charges alleging that a health care worker, as defined in the Health Care Worker Self-Referral Act, committed any offense that (1) involves bodily harm against a patient, including any offense based on sexual conduct or sexual penetration, or (2) requires as a part of its criminal sentence to register under the Sex Offender Registration Act.

(15) To notify, by first-class mail, the Department of Financial and Professional Regulation upon the conviction of any health care worker, as defined in the Health Care Worker Self-Referral Act, for committing any offense that (1) involves bodily harm against a patient, including any offense based on sexual conduct or sexual penetration, or (2) requires as a part of its criminal sentence to register under the Sex Offender Registration Act, providing the name of the health care worker, the fact of the conviction, and the name and location of the court where the conviction occurred.

(b) The State's Attorney of each county shall have authority to appoint one or more special investigators to serve subpoenas, make return of process and conduct investigations which assist the State's Attorney in the performance of his duties. A special investigator shall not carry firearms except with permission of the State's Attorney and only while carrying appropriate identification indicating his employment and in the performance of his assigned duties.

Subject to the qualifications set forth in this subsection, special investigators shall be peace officers and shall have all the powers possessed by investigators under the State's Attorneys Appellate Prosecutor's Act.

No special investigator employed by the State's Attorney shall have peace officer status or exercise police powers unless he or she successfully completes the basic police training course mandated and approved by the Illinois Law Enforcement Training Standards Board or such board waives the training requirement by reason of the special investigator's prior law enforcement experience or training or both. Any State's Attorney appointing a special investigator shall consult with all affected local police agencies, to the extent consistent with the public interest, if the special investigator is assigned to areas within that agency's jurisdiction.

Before a person is appointed as a special investigator, his fingerprints shall be taken and transmitted to the Department of State Police. The Department shall examine its records and submit to the State's Attorney of the county in which the investigator seeks appointment any conviction information concerning the person on file with the Department. No person shall be appointed as a special investigator if he has been convicted of a felony or other offense involving moral turpitude. A special investigator shall be paid a salary and be reimbursed for actual expenses incurred in performing his assigned duties. The county board shall approve the salary and actual expenses and appropriate the salary and expenses in the manner prescribed by law or ordinance.

(c) The State's Attorney may request and receive from employers, labor unions, telephone companies, and utility companies location information concerning putative fathers and noncustodial parents for the purpose of establishing a child's paternity or establishing, enforcing, or modifying a child support obligation. In this subsection, "location information" means information about (i) the physical whereabouts of a putative father or noncustodial parent, (ii) the putative father or noncustodial parent's employer, or (iii) the salary, wages, and other compensation paid and the health insurance coverage provided to the putative father or noncustodial parent by the employer of the putative father or noncustodial parent or by a labor union of which the putative father or noncustodial parent is a member.

(d) For each State fiscal year, the State's Attorney of Cook County shall appear before the General Assembly and request appropriations to be made from the Capital Litigation Trust Fund to the State Treasurer for the purpose of providing assistance in the prosecution of capital cases in Cook County and for the purpose of providing assistance to the State in post-conviction proceedings in capital cases under Article 122 of the Code of Criminal Procedure of 1963 and in relation to petitions filed under Section 2-1401 of the Code of Civil Procedure in relation to capital cases. The State's Attorney may appear before the General Assembly at other times during the State's fiscal year to request supplemental appropriations from the Trust Fund to the State Treasurer.

(e) The State's Attorney shall have the authority to enter into a written agreement with the Department of Revenue for pursuit of civil liability under Section 17-1a of the Criminal Code of 1961 against persons who have issued to the Department checks or other orders in violation of the provisions of paragraph (d) of subsection (B) of Section 17-1 of the Criminal Code of 1961, with the Department to retain the amount owing upon the dishonored check or order along with the dishonored check fee imposed under the Uniform Penalty and Interest Act, with the balance of damages, fees, and costs collected under Section 17-1a of the Criminal Code of 1961 to be retained by the State's Attorney. The agreement shall not affect the allocation of fines and costs imposed in any criminal prosecution.

(Source: P.A. 96-431, eff. 8-13-09.)

Section 99. Effective date. This Act takes effect upon becoming law.