Full Text of HB1271 97th General Assembly
HB1271eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Professional Regulation Law of | 5 | | the
Civil Administrative Code of Illinois is amended by adding | 6 | | Section 2105-165 as follows: | 7 | | (20 ILCS 2105/2105-165 new) | 8 | | Sec. 2105-165. Health care worker licensure actions; sex | 9 | | crimes. | 10 | | (a) When a licensed health care worker, as defined in the | 11 | | Health Care Worker Self-Referral Act, (1) has been convicted of | 12 | | a criminal act that requires registration under the Sex | 13 | | Offender Registration Act; (2) has been convicted of a criminal | 14 | | battery against any patient in the course of patient care or | 15 | | treatment, including any offense based on sexual conduct or | 16 | | sexual penetration; (3) has been convicted of a forcible | 17 | | felony; or (4) is required as a part of a criminal sentence to | 18 | | register under the Sex Offender Registration Act, then, | 19 | | notwithstanding any other provision of law to the contrary, the | 20 | | license of the health care worker shall by operation of law be | 21 | | permanently revoked without a hearing. | 22 | | (b) No person who has been convicted of any offense listed | 23 | | in subsection (a) or required to register as a sex offender may |
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| 1 | | receive a license as a health care worker in Illinois. | 2 | | (c) Immediately after an Illinois State's Attorney files | 3 | | criminal charges alleging that a licensed health care worker, | 4 | | as defined in the Health Care Worker Self-Referral Act, | 5 | | committed any offense for which the sentence includes | 6 | | registration as a sex offender; a criminal battery against a | 7 | | patient, including any offense based on sexual conduct or | 8 | | sexual penetration, in the course of patient care or treatment; | 9 | | or a forcible felony; then the State's Attorney shall provide | 10 | | notice to the Department of the health care worker's name, | 11 | | address, practice address, and license number and the patient's | 12 | | name and a copy of the criminal charges filed. Within 5 | 13 | | business days after receiving notice from the State's Attorney | 14 | | of the filing of criminal charges against the health care | 15 | | worker, the Secretary shall issue an administrative order that | 16 | | the health care worker shall immediately practice only with a | 17 | | chaperone during all patient encounters pending the outcome of | 18 | | the criminal proceedings. The chaperone must be a licensed | 19 | | health care worker. The chaperone shall provide written notice | 20 | | to all of the health care worker's patients explaining the | 21 | | Department's order to use a chaperone. Each patient shall sign | 22 | | an acknowledgement that they received the notice. The notice to | 23 | | the patient of criminal charges shall include, in 14-point | 24 | | font, the following statement: "The health care worker is | 25 | | presumed innocent until proven guilty of the charges.". The | 26 | | licensed health care worker shall provide a written plan of |
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| 1 | | compliance with the administrative order that is acceptable to | 2 | | the Department within 5 days after receipt of the | 3 | | administrative order. Failure to comply with the | 4 | | administrative order, failure to file a compliance plan, or | 5 | | failure to follow the compliance plan shall subject the health | 6 | | care worker to temporary suspension of his or her professional | 7 | | license until the completion of the criminal proceedings. | 8 | | (d) Nothing contained in this Section shall act in any way | 9 | | to waive or modify the confidentiality of information provided | 10 | | by the State's Attorney to the extent provided by law. Any | 11 | | information reported or disclosed shall be kept for the | 12 | | confidential use of the Secretary, Department attorneys, the | 13 | | investigative staff, and authorized clerical staff and shall be | 14 | | afforded the same status as is provided information under Part | 15 | | 21 of Article VIII of the Code of Civil Procedure, except that | 16 | | the Department may disclose information and documents to (1) a | 17 | | federal, State, or local law enforcement agency pursuant to a | 18 | | subpoena in an ongoing criminal investigation or (2) an | 19 | | appropriate licensing authority of another state or | 20 | | jurisdiction pursuant to an official request made by that | 21 | | authority. Any information and documents disclosed to a | 22 | | federal, State, or local law enforcement agency may be used by | 23 | | that agency only for the investigation and prosecution of a | 24 | | criminal offense. Any information or documents disclosed by the | 25 | | Department to a professional licensing authority of another | 26 | | state or jurisdiction may only be used by that authority for |
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| 1 | | investigations and disciplinary proceedings with regards to a | 2 | | professional license. | 3 | | (e) Any licensee whose license was revoked or who received | 4 | | an administrative order under this Section shall have the | 5 | | revocation or administrative order vacated and completely | 6 | | removed from the licensee's records and public view and the | 7 | | revocation or administrative order shall be afforded the same | 8 | | status as is provided information under Part 21 of Article VIII | 9 | | of the Code of Civil Procedure if (1) the charges upon which | 10 | | the revocation or administrative order is based are dropped; | 11 | | (2) the licensee is not convicted of the charges upon which the | 12 | | revocation or administrative order is based; or (3) any | 13 | | conviction for charges upon which the revocation or | 14 | | administrative order was based have been vacated, overturned, | 15 | | or reversed. | 16 | | (f) Nothing contained in this Section shall prohibit the | 17 | | Department from initiating or maintaining a disciplinary | 18 | | action against a licensee independent from any criminal | 19 | | charges, conviction, or sex offender registration. | 20 | | (g) The Department may adopt rules necessary to implement | 21 | | this Section.
| 22 | | Section 99. Effective date. This Act takes effect 30 days | 23 | | after becoming law.
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