Full Text of SB0042 99th General Assembly
SB0042eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 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 | 6 | | changing Section 2105-165 as follows: | 7 | | (20 ILCS 2105/2105-165) | 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; (1.5) has been convicted of | 14 | | involuntary sexual servitude of a minor under subsection (c) of | 15 | | Section 10-9 or subsection (b) of Section 10A-10 of the | 16 | | Criminal Code of 1961 or the Criminal Code of 2012; (2) has | 17 | | been convicted of a criminal battery against any patient in the | 18 | | course of patient care or treatment, including any offense | 19 | | based on sexual conduct or sexual penetration; (3) has been | 20 | | convicted of a forcible felony; or (4) is required as a part of | 21 | | a criminal sentence to register under the Sex Offender | 22 | | Registration Act, then, notwithstanding any other provision of | 23 | | law to the contrary, except as provided in this Section, the |
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| 1 | | license of the health care worker shall by operation of law be | 2 | | permanently revoked without a hearing. | 3 | | (a-1) If a licensed health care worker has been convicted | 4 | | of a forcible felony, other than a forcible felony requiring | 5 | | registration under the Sex Offender Registration Act or | 6 | | involuntary sexual servitude of a minor that is a forcible | 7 | | felony, and the health care worker has had his or her license | 8 | | revoked, the health care worker may petition the Department to | 9 | | restore his or her license so long as the conviction occurred | 10 | | more than 5 years before the date the petition is filed. In | 11 | | determining whether a license shall be restored, the Department | 12 | | shall consider, but is not limited to, the following factors: | 13 | | (1) the seriousness of the offense; | 14 | | (2) the presence of multiple offenses; | 15 | | (3) prior disciplinary history, including actions | 16 | | taken by other agencies in this State or by other states or | 17 | | jurisdictions, hospitals, health care facilities, | 18 | | residency programs, employers, insurance providers, or any | 19 | | of the armed forces of the United States or any state; | 20 | | (4) the impact of the offense on any injured party; | 21 | | (5) the vulnerability of any injured party, including, | 22 | | but not limited to, consideration of the injured party's | 23 | | age, disability, or mental illness; | 24 | | (6) the motive for the offense; | 25 | | (7) the lack of contrition for the offense; | 26 | | (8) the lack of cooperation with the Department or |
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| 1 | | other investigative authorities; | 2 | | (9) the lack of prior disciplinary action by the | 3 | | Department or by other agencies in this State or by other | 4 | | states or jurisdictions, hospitals, health care | 5 | | facilities, residency programs, employers, insurance | 6 | | providers, or any of the armed forces of the United States | 7 | | or any state; | 8 | | (10) contrition for the offense; | 9 | | (11) cooperation with the Department or other | 10 | | investigative authorities; | 11 | | (12) restitution to injured parties; | 12 | | (13) whether the misconduct was self-reported; | 13 | | (14) any voluntary remedial actions taken; and | 14 | | (15) the date of conviction. | 15 | | (b) No person who has been convicted of any offense listed | 16 | | in subsection (a) or required to register as a sex offender may | 17 | | receive a license as a health care worker in Illinois. The | 18 | | process for petition and review by the Department provided in | 19 | | subsection (a-1) shall also apply to a person whose application | 20 | | for licensure is denied under this Section for a conviction of | 21 | | a forcible felony, other than a forcible felony requiring | 22 | | registration under the Sex Offender Registration Act or | 23 | | involuntary sexual servitude of a minor that is a forcible | 24 | | felony. | 25 | | (c) Immediately after a licensed health care worker, as | 26 | | defined in the Health Care Worker Self-Referral Act, has been |
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| 1 | | charged with any offense for which the sentence includes | 2 | | registration as a sex offender; involuntary sexual servitude of | 3 | | a minor; a criminal battery against a patient, including any | 4 | | offense based on sexual conduct or sexual penetration, in the | 5 | | course of patient care or treatment; or a forcible felony; then | 6 | | the prosecuting attorney shall provide notice to the Department | 7 | | of the health care worker's name, address, practice address, | 8 | | and license number and the patient's name and a copy of the | 9 | | criminal charges filed. Within 5 business days after receiving | 10 | | notice from the prosecuting attorney of the filing of criminal | 11 | | charges against the health care worker, the Secretary shall | 12 | | issue an administrative order that the health care worker shall | 13 | | immediately practice only with a chaperone during all patient | 14 | | encounters pending the outcome of the criminal proceedings. The | 15 | | chaperone must be a licensed health care worker. The chaperone | 16 | | shall provide written notice to all of the health care worker's | 17 | | patients explaining the Department's order to use a chaperone. | 18 | | Each patient shall sign an acknowledgement that they received | 19 | | the notice. The notice to the patient of criminal charges shall | 20 | | include, in 14-point font, the following statement: "The health | 21 | | care worker is presumed innocent until proven guilty of the | 22 | | charges.". The licensed health care worker shall provide a | 23 | | written plan of compliance with the administrative order that | 24 | | is acceptable to the Department within 5 days after receipt of | 25 | | the administrative order. Failure to comply with the | 26 | | administrative order, failure to file a compliance plan, or |
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| 1 | | failure to follow the compliance plan shall subject the health | 2 | | care worker to temporary suspension of his or her professional | 3 | | license until the completion of the criminal proceedings. | 4 | | (d) Nothing contained in this Section shall act in any way | 5 | | to waive or modify the confidentiality of information provided | 6 | | by the prosecuting attorney to the extent provided by law. Any | 7 | | information reported or disclosed shall be kept for the | 8 | | confidential use of the Secretary, Department attorneys, the | 9 | | investigative staff, and authorized clerical staff and shall be | 10 | | afforded the same status as is provided information under Part | 11 | | 21 of Article VIII of the Code of Civil Procedure, except that | 12 | | the Department may disclose information and documents to (1) a | 13 | | federal, State, or local law enforcement agency pursuant to a | 14 | | subpoena in an ongoing criminal investigation or (2) an | 15 | | appropriate licensing authority of another state or | 16 | | jurisdiction pursuant to an official request made by that | 17 | | authority. Any information and documents disclosed to a | 18 | | federal, State, or local law enforcement agency may be used by | 19 | | that agency only for the investigation and prosecution of a | 20 | | criminal offense. Any information or documents disclosed by the | 21 | | Department to a professional licensing authority of another | 22 | | state or jurisdiction may only be used by that authority for | 23 | | investigations and disciplinary proceedings with regards to a | 24 | | professional license. | 25 | | (e) Any licensee whose license was revoked or who received | 26 | | an administrative order under this Section shall have the |
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| 1 | | revocation or administrative order vacated and completely | 2 | | removed from the licensee's records and public view and the | 3 | | revocation or administrative order shall be afforded the same | 4 | | status as is provided information under Part 21 of Article VIII | 5 | | of the Code of Civil Procedure if (1) the charges upon which | 6 | | the revocation or administrative order is based are dropped; | 7 | | (2) the licensee is not convicted of the charges upon which the | 8 | | revocation or administrative order is based; or (3) any | 9 | | conviction for charges upon which the revocation or | 10 | | administrative order was based have been vacated, overturned, | 11 | | or reversed. | 12 | | (f) Nothing contained in this Section shall prohibit the | 13 | | Department from initiating or maintaining a disciplinary | 14 | | action against a licensee independent from any criminal | 15 | | charges, conviction, or sex offender registration. | 16 | | (g) The Department may adopt rules necessary to implement | 17 | | this Section.
| 18 | | (Source: P.A. 97-156, eff. 8-20-11; 97-484, eff. 9-21-11; | 19 | | 97-873, eff. 7-31-12.)
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