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Synopsis As Introduced Amends the Medical Practice Act of 1987. Provides that the Department of Financial and Professional Regulation shall revoke the license or visiting permit of any person issued under this Act to practice medicine or to treat human ailments without the use of drugs and without operative surgery, who has been convicted of committing (1) any felony under the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act, (2) a Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code, or (3) a sexual assault or other battery against his or her patient. Provides that the Department shall investigate any licensee upon notification from any law enforcement agency of a criminal complaint setting forth facts which, if proven, would constitute grounds for suspension or revocation under the Act. Provides that any law enforcement agency in the State must provide immediate notification to the Department when it receives a criminal complaint against a licensee under this Act that alleges sexual assault or other battery on a patient. Effective immediately.
Replaces everything after the enacting clause. 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 is 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.
House Committee Amendment No. 2 Requires that a health care worker who fails to comply with an administrative order, fails to file a compliance plan, or fails 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. Changes certain references from "discipline" to "revocation". Makes other changes.
Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that when a licensed health care worker (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 the license of the health care worker shall by operation of law be permanently revoked without a hearing. Provides that no person convicted of those offenses or required to register as a sex offender may receive a license as a health care worker in Illinois. Provides that immediately after receiving notice from the State's Attorney of the filing of criminal charges alleging a health care worker committed any offense for which the sentence includes registration as a sex offender; a criminal battery against a patient; 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. Provides that within 5 business days after receiving notice from the State's Attorney, the Secretary shall issue an administrative order that the health care worker shall immediately practice only with a chaperone during all patient encounters. Provides that a chaperone must be a licensed health care worker and the chaperone shall provide written notice to all the health care worker's patients explaining the Department's order to use a chaperone. Provides that each patient shall sign an acknowledgement that they received the notice. Provides that the notice to the patient of criminal charges shall include a statement that the health care worker is presumed innocent until proven guilty. Provides that the Department may adopt rules necessary to implement the provisions. Adds provisions concerning the confidentiality of certain information and documents. Effective 30 days after becoming law.
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