Public Act 097-0873
 
SB3137 EnrolledLRB097 17061 DRJ 62259 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Department of Professional Regulation Law of
the Civil Administrative Code of Illinois is amended by
changing Section 2105-165 as follows:
 
    (20 ILCS 2105/2105-165)
    Sec. 2105-165. Health care worker licensure actions; sex
crimes.
    (a) When a licensed health care worker, as defined in the
Health Care Worker Self-Referral Act, (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,
notwithstanding any other provision of law to the contrary, the
license of the health care worker shall by operation of law be
permanently revoked without a hearing.
    (b) No person who has been convicted of any offense listed
in subsection (a) or required to register as a sex offender may
receive a license as a health care worker in Illinois.
    (c) Immediately after an Illinois State's Attorney files
criminal charges alleging that a licensed health care worker,
as defined in the Health Care Worker Self-Referral Act, has
been charged with committed any offense for which the sentence
includes registration as a sex offender; a criminal battery
against a patient, including any offense based on sexual
conduct or sexual penetration, in the course of patient care or
treatment; or a forcible felony; then the prosecuting attorney
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. Within 5 business days after receiving
notice from the prosecuting attorney 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 shall immediately practice only with a chaperone
during all patient encounters pending the outcome of the
criminal proceedings. The chaperone must be a licensed health
care worker. The chaperone shall provide written notice to all
of the health care worker's patients explaining the
Department's order to use a chaperone. Each patient shall sign
an acknowledgement that they received the notice. The notice to
the patient of criminal charges shall include, in 14-point
font, the following statement: "The health care worker is
presumed innocent until proven guilty of the charges.". The
licensed health care worker shall provide a written plan of
compliance with the administrative order that is acceptable to
the Department within 5 days after receipt of the
administrative order. Failure to comply with the
administrative order, failure to file a compliance plan, or
failure 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.
    (d) Nothing contained in this Section shall act in any way
to waive or modify the confidentiality of information provided
by the prosecuting attorney State's Attorney to the extent
provided by law. Any information reported or disclosed shall be
kept for the confidential use of the Secretary, Department
attorneys, the investigative staff, and authorized clerical
staff and shall be afforded the same status as is provided
information under Part 21 of Article VIII of the Code of Civil
Procedure, except that the Department may disclose information
and documents to (1) a federal, State, or local law enforcement
agency pursuant to a subpoena in an ongoing criminal
investigation or (2) an appropriate licensing authority of
another state or jurisdiction pursuant to an official request
made by that authority. Any information and documents disclosed
to a federal, State, or local law enforcement agency may be
used by that agency only for the investigation and prosecution
of a criminal offense. Any information or documents disclosed
by the Department to a professional licensing authority of
another state or jurisdiction may only be used by that
authority for investigations and disciplinary proceedings with
regards to a professional license.
    (e) Any licensee whose license was revoked or who received
an administrative order under this Section shall have the
revocation or administrative order vacated and completely
removed from the licensee's records and public view and the
revocation or administrative order shall be afforded the same
status as is provided information under Part 21 of Article VIII
of the Code of Civil Procedure if (1) the charges upon which
the revocation or administrative order is based are dropped;
(2) the licensee is not convicted of the charges upon which the
revocation or administrative order is based; or (3) any
conviction for charges upon which the revocation or
administrative order was based have been vacated, overturned,
or reversed.
    (f) Nothing contained in this Section shall prohibit the
Department from initiating or maintaining a disciplinary
action against a licensee independent from any criminal
charges, conviction, or sex offender registration.
    (g) The Department may adopt rules necessary to implement
this Section.
(Source: P.A. 97-156, eff. 8-20-11; 97-484, eff. 9-21-11.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.