Illinois General Assembly - Full Text of SB3137
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Full Text of SB3137  97th General Assembly


Sen. Kirk W. Dillard

Filed: 3/23/2012





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2    AMENDMENT NO. ______. Amend Senate Bill 3137 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Department of Professional Regulation Law
5of the 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
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; (2) has been convicted of a criminal
14battery against any patient in the course of patient care or
15treatment, including any offense based on sexual conduct or
16sexual penetration; (3) has been convicted of a forcible



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1felony; or (4) is required as a part of a criminal sentence to
2register under the Sex Offender Registration Act, then,
3notwithstanding any other provision of law to the contrary, the
4license of the health care worker shall by operation of law be
5permanently revoked without a hearing.
6    (b) No person who has been convicted of any offense listed
7in subsection (a) or required to register as a sex offender may
8receive a license as a health care worker in Illinois.
9    (c) Immediately after an Illinois State's Attorney files
10criminal charges alleging that a licensed health care worker,
11as defined in the Health Care Worker Self-Referral Act, has
12been charged with committed any offense for which the sentence
13includes registration as a sex offender; a criminal battery
14against a patient, including any offense based on sexual
15conduct or sexual penetration, in the course of patient care or
16treatment; or a forcible felony; then the prosecuting attorney
17State's Attorney shall provide notice to the Department of the
18health care worker's name, address, practice address, and
19license number and the patient's name and a copy of the
20criminal charges filed. Within 5 business days after receiving
21notice from the prosecuting attorney State's Attorney of the
22filing of criminal charges against the health care worker, the
23Secretary shall issue an administrative order that the health
24care worker shall immediately practice only with a chaperone
25during all patient encounters pending the outcome of the
26criminal proceedings. The chaperone must be a licensed health



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1care worker. The chaperone shall provide written notice to all
2of the health care worker's patients explaining the
3Department's order to use a chaperone. Each patient shall sign
4an acknowledgement that they received the notice. The notice to
5the patient of criminal charges shall include, in 14-point
6font, the following statement: "The health care worker is
7presumed innocent until proven guilty of the charges.". The
8licensed health care worker shall provide a written plan of
9compliance with the administrative order that is acceptable to
10the Department within 5 days after receipt of the
11administrative order. Failure to comply with the
12administrative order, failure to file a compliance plan, or
13failure to follow the compliance plan shall subject the health
14care worker to temporary suspension of his or her professional
15license until the completion of the criminal proceedings.
16    (d) Nothing contained in this Section shall act in any way
17to waive or modify the confidentiality of information provided
18by the prosecuting attorney State's Attorney to the extent
19provided by law. Any information reported or disclosed shall be
20kept for the confidential use of the Secretary, Department
21attorneys, the investigative staff, and authorized clerical
22staff and shall be afforded the same status as is provided
23information under Part 21 of Article VIII of the Code of Civil
24Procedure, except that the Department may disclose information
25and documents to (1) a federal, State, or local law enforcement
26agency pursuant to a subpoena in an ongoing criminal



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1investigation or (2) an appropriate licensing authority of
2another state or jurisdiction pursuant to an official request
3made by that authority. Any information and documents disclosed
4to a federal, State, or local law enforcement agency may be
5used by that agency only for the investigation and prosecution
6of a criminal offense. Any information or documents disclosed
7by the Department to a professional licensing authority of
8another state or jurisdiction may only be used by that
9authority for investigations and disciplinary proceedings with
10regards to a professional license.
11    (e) Any licensee whose license was revoked or who received
12an administrative order under this Section shall have the
13revocation or administrative order vacated and completely
14removed from the licensee's records and public view and the
15revocation or administrative order shall be afforded the same
16status as is provided information under Part 21 of Article VIII
17of the Code of Civil Procedure if (1) the charges upon which
18the revocation or administrative order is based are dropped;
19(2) the licensee is not convicted of the charges upon which the
20revocation or administrative order is based; or (3) any
21conviction for charges upon which the revocation or
22administrative order was based have been vacated, overturned,
23or reversed.
24    (f) Nothing contained in this Section shall prohibit the
25Department from initiating or maintaining a disciplinary
26action against a licensee independent from any criminal



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1charges, conviction, or sex offender registration.
2    (g) The Department may adopt rules necessary to implement
3this Section.
4(Source: P.A. 97-156, eff. 8-20-11; 97-484, eff. 9-21-11.)
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".