99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0042

 

Introduced 1/15/2015, by Sen. Iris Y. Martinez

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2105/2105-165

    Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Adds involuntary sexual servitude of a minor to the offenses for which a health care worker license can be revoked. Provides that if a licensed health care worker has been convicted of a forcible felony, other than a forcible felony requiring registration under the Sex Offender Registration Act or involuntary sexual servitude of a minor that is a forcible felony, and the health care worker has had his or her license revoked, the health care worker may petition the Department of Financial and Professional Regulation to restore his or her license. Establishes factors that the Department shall consider in determining whether a license shall be restored. Further provides that this process for petition and review by the Department shall apply to a person whose licensed is denied under these provisions.


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A BILL FOR

 

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1    AN ACT concerning regulation.
 
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
6changing Section 2105-165 as follows:
 
7    (20 ILCS 2105/2105-165)
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; (1.5) has been convicted of
14involuntary sexual servitude of a minor under subsection (c) of
15Section 10-9 or subsection (b) of Section 10A-10 of the
16Criminal Code of 1961 or the Criminal Code of 2012; (2) has
17been convicted of a criminal battery against any patient in the
18course of patient care or treatment, including any offense
19based on sexual conduct or sexual penetration; (3) has been
20convicted of a forcible felony; or (4) is required as a part of
21a criminal sentence to register under the Sex Offender
22Registration Act, then, notwithstanding any other provision of
23law to the contrary, except as provided in this Section, the

 

 

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1license of the health care worker shall by operation of law be
2permanently revoked without a hearing.
3    (a-1) If a licensed health care worker has been convicted
4of a forcible felony, other than a forcible felony requiring
5registration under the Sex Offender Registration Act or
6involuntary sexual servitude of a minor that is a forcible
7felony, and the health care worker has had his or her license
8revoked, the health care worker may petition the Department to
9restore his or her license. In determining whether a license
10shall be restored, the Department shall consider, but is not
11limited to, the following factors:
12        (1) the seriousness of the offense;
13        (2) the presence of multiple offenses;
14        (3) prior disciplinary history, including actions
15    taken by other agencies in this State or by other states or
16    jurisdictions, hospitals, health care facilities,
17    residency programs, employers, insurance providers, or any
18    of the armed forces of the United States or any state;
19        (4) the impact of the offense on any injured party;
20        (5) the vulnerability of any injured party, including,
21    but not limited to, consideration of the injured party's
22    age, disability, or mental illness;
23        (6) the motive for the offense;
24        (7) the lack of contrition for the offense;
25        (8) the lack of cooperation with the Department or
26    other investigative authorities;

 

 

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1        (9) the lack of prior disciplinary action by the
2    Department or by other agencies in this State or by other
3    states or jurisdictions, hospitals, health care
4    facilities, residency programs, employers, insurance
5    providers, or any of the armed forces of the United States
6    or any state;
7        (10) contrition for the offense;
8        (11) cooperation with the Department or other
9    investigative authorities;
10        (12) restitution to injured parties;
11        (13) whether the misconduct was self-reported;
12        (14) any voluntary remedial actions taken; and
13        (15) the date of conviction.
14    (b) No person who has been convicted of any offense listed
15in subsection (a) or required to register as a sex offender may
16receive a license as a health care worker in Illinois. The
17process for petition and review by the Department provided in
18subsection (a-1) shall also apply to a person whose application
19for licensure is denied under this Section for a conviction of
20a forcible felony, other than a forcible felony requiring
21registration under the Sex Offender Registration Act or
22involuntary sexual servitude of a minor that is a forcible
23felony.
24    (c) Immediately after a licensed health care worker, as
25defined in the Health Care Worker Self-Referral Act, has been
26charged with any offense for which the sentence includes

 

 

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1registration as a sex offender; involuntary sexual servitude of
2a minor; a criminal battery against a patient, including any
3offense based on sexual conduct or sexual penetration, in the
4course of patient care or treatment; or a forcible felony; then
5the prosecuting attorney shall provide notice to the Department
6of the health care worker's name, address, practice address,
7and license number and the patient's name and a copy of the
8criminal charges filed. Within 5 business days after receiving
9notice from the prosecuting attorney of the filing of criminal
10charges against the health care worker, the Secretary shall
11issue an administrative order that the health care worker shall
12immediately practice only with a chaperone during all patient
13encounters pending the outcome of the criminal proceedings. The
14chaperone must be a licensed health care worker. The chaperone
15shall provide written notice to all of the health care worker's
16patients explaining the Department's order to use a chaperone.
17Each patient shall sign an acknowledgement that they received
18the notice. The notice to the patient of criminal charges shall
19include, in 14-point font, the following statement: "The health
20care worker is presumed innocent until proven guilty of the
21charges.". The licensed health care worker shall provide a
22written plan of compliance with the administrative order that
23is acceptable to the Department within 5 days after receipt of
24the administrative order. Failure to comply with the
25administrative order, failure to file a compliance plan, or
26failure to follow the compliance plan shall subject the health

 

 

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1care worker to temporary suspension of his or her professional
2license until the completion of the criminal proceedings.
3    (d) Nothing contained in this Section shall act in any way
4to waive or modify the confidentiality of information provided
5by the prosecuting attorney to the extent provided by law. Any
6information reported or disclosed shall be kept for the
7confidential use of the Secretary, Department attorneys, the
8investigative staff, and authorized clerical staff and shall be
9afforded the same status as is provided information under Part
1021 of Article VIII of the Code of Civil Procedure, except that
11the Department may disclose information and documents to (1) a
12federal, State, or local law enforcement agency pursuant to a
13subpoena in an ongoing criminal investigation or (2) an
14appropriate licensing authority of another state or
15jurisdiction pursuant to an official request made by that
16authority. Any information and documents disclosed to a
17federal, State, or local law enforcement agency may be used by
18that agency only for the investigation and prosecution of a
19criminal offense. Any information or documents disclosed by the
20Department to a professional licensing authority of another
21state or jurisdiction may only be used by that authority for
22investigations and disciplinary proceedings with regards to a
23professional license.
24    (e) Any licensee whose license was revoked or who received
25an administrative order under this Section shall have the
26revocation or administrative order vacated and completely

 

 

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1removed from the licensee's records and public view and the
2revocation or administrative order shall be afforded the same
3status as is provided information under Part 21 of Article VIII
4of the Code of Civil Procedure if (1) the charges upon which
5the revocation or administrative order is based are dropped;
6(2) the licensee is not convicted of the charges upon which the
7revocation or administrative order is based; or (3) any
8conviction for charges upon which the revocation or
9administrative order was based have been vacated, overturned,
10or reversed.
11    (f) Nothing contained in this Section shall prohibit the
12Department from initiating or maintaining a disciplinary
13action against a licensee independent from any criminal
14charges, conviction, or sex offender registration.
15    (g) The Department may adopt rules necessary to implement
16this Section.
17(Source: P.A. 97-156, eff. 8-20-11; 97-484, eff. 9-21-11;
1897-873, eff. 7-31-12.).