Sen. Kirk W. Dillard
Filed: 11/17/2010
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1 | AMENDMENT TO HOUSE BILL 4934
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2 | AMENDMENT NO. ______. Amend House Bill 4934 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Department of Professional Regulation Law | ||||||
5 | of the
Civil Administrative Code of Illinois is amended by | ||||||
6 | adding Section 2105-165 as follows: | ||||||
7 | (20 ILCS 2105/2105-165 new) | ||||||
8 | Sec. 2105-165. Health care worker licensure actions; | ||||||
9 | intentional felonies and sexual 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 | any forcible intentional felony or a sexual criminal act that | ||||||
13 | requires registration under the Sex Offender Registration Act | ||||||
14 | against a patient in the course of patient care or treatment; | ||||||
15 | (2) has been convicted of any forcible intentional felony | ||||||
16 | against any natural person; or (3) is required as a part of a |
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1 | criminal sentence to register under the Sex Offender | ||||||
2 | Registration Act, then the Secretary, after consultation with | ||||||
3 | the Department's regulatory and prosecutorial staff, may | ||||||
4 | immediately temporarily suspend the license of the health care | ||||||
5 | worker without a hearing, simultaneously with the institution | ||||||
6 | of proceedings for a hearing in accordance with subsection (c) | ||||||
7 | of this Section, if the Secretary finds that evidence in his or | ||||||
8 | her possession indicates that the health care worker's | ||||||
9 | continuation in practice would constitute an immediate danger | ||||||
10 | to the public. | ||||||
11 | (b) When an Illinois State's Attorney files criminal felony | ||||||
12 | charges alleging that a licensed health care worker, as defined | ||||||
13 | in the Health Care Worker Self-Referral Act, committed an | ||||||
14 | intentional forcible felony against a patient including a | ||||||
15 | sexual act against a patient in the course of patient care or | ||||||
16 | treatment, then the State's Attorney shall provide notice to | ||||||
17 | the Department of the health care worker's name, address, | ||||||
18 | practice address, and license number and the patient's name. | ||||||
19 | Within 15 business days after receiving notice from the State's | ||||||
20 | Attorney of the filing of criminal charges against the health | ||||||
21 | care worker, the Secretary shall issue an administrative order | ||||||
22 | that the health care worker shall immediately practice only | ||||||
23 | with a chaperone during all patient encounters pending the | ||||||
24 | outcome of the criminal proceedings. The licensee shall provide | ||||||
25 | an acceptable written plan of compliance with the | ||||||
26 | administrative order to the Department within 10 days after |
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1 | receipt of the administrative order. Failure to comply with the | ||||||
2 | administrative order, failure to file a compliance plan, or | ||||||
3 | failure to follow the compliance plan shall subject the health | ||||||
4 | care worker to temporary suspension of his or her professional | ||||||
5 | license. | ||||||
6 | (c) In instances in which the Secretary immediately | ||||||
7 | suspends a license under this Section, a hearing on the health | ||||||
8 | care worker's license must be convened by the appropriate | ||||||
9 | licensing or disciplinary board within 15 days after the | ||||||
10 | summary suspension and completed without appreciable delay. | ||||||
11 | This hearing is to determine whether to recommend to the | ||||||
12 | Secretary that the health care worker's license be revoked, | ||||||
13 | suspended, placed on probationary status, or reinstated, or | ||||||
14 | whether the health care worker should be subject to other | ||||||
15 | disciplinary action. In the hearing, any written information or | ||||||
16 | communication and any other evidence submitted therewith may be | ||||||
17 | introduced as evidence against the health care worker; provided | ||||||
18 | however, the health care worker, or his or her counsel, shall | ||||||
19 | have the opportunity to discredit, impeach, and submit evidence | ||||||
20 | rebutting such evidence. | ||||||
21 | (d) Notwithstanding any provision of law to the contrary, | ||||||
22 | any revocation or suspension for crimes requiring sex offender | ||||||
23 | registration under the Sex Offender Registration Act shall be | ||||||
24 | for a minimum of 5 years. Licensees may only be considered | ||||||
25 | rehabilitated by the appropriate licensing or disciplinary | ||||||
26 | board (1) based upon certified written reports of examination |
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1 | by 2 physicians board certified in psychiatry recommending that | ||||||
2 | the licensee is sufficiently rehabilitated to warrant the | ||||||
3 | public trust and that the licensee can resume practice without | ||||||
4 | monitoring or limitations; (2) when the licensee is no longer | ||||||
5 | required to register as a sex offender under the Sex Offender | ||||||
6 | Registration Act; or (3) the licensee's conviction is vacated, | ||||||
7 | overturned, or reversed. | ||||||
8 | (e) 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, as | ||||||
14 | provided in this Act, and shall be afforded the same status as | ||||||
15 | is provided information under Part 21 of Article VIII of the | ||||||
16 | Code of Civil Procedure, except that the Department may | ||||||
17 | disclose information and documents to (1) a federal, State, or | ||||||
18 | local law enforcement agency pursuant to a subpoena in an | ||||||
19 | ongoing criminal investigation or (2) an appropriate licensing | ||||||
20 | authority of another state or jurisdiction pursuant to an | ||||||
21 | official request made by that authority. Any information and | ||||||
22 | documents disclosed to a federal, State, or local law | ||||||
23 | enforcement agency may be used by that agency only for the | ||||||
24 | investigation and prosecution of a criminal offense. Any | ||||||
25 | information or documents disclosed by the Department to a | ||||||
26 | professional licensing authority of another state or |
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1 | jurisdiction may only be used by that authority for | ||||||
2 | investigations and disciplinary proceedings with regards to a | ||||||
3 | professional license. | ||||||
4 | (f) Any licensee disciplined or who received an | ||||||
5 | administrative order under this Section shall have the | ||||||
6 | discipline or administrative order vacated and completely | ||||||
7 | removed from the licensee's records and public view and the | ||||||
8 | discipline or administrative order shall be afforded the same | ||||||
9 | status as is provided information under Part 21 of Article VIII | ||||||
10 | of the Code of Civil Procedure if (1) the charges upon which | ||||||
11 | the discipline or administrative order is based are dropped; | ||||||
12 | (2) the licensee is not convicted of the charges upon which the | ||||||
13 | discipline or administrative order is based; or (3) any | ||||||
14 | conviction for charges upon which the discipline or | ||||||
15 | administrative order was based have been vacated, overturned, | ||||||
16 | or reversed. | ||||||
17 | (g) Nothing contained in this Section shall prohibit the | ||||||
18 | Department from initiating or maintaining a disciplinary | ||||||
19 | action against a licensee independent from any criminal | ||||||
20 | charges, conviction, or sex offender registration.
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.".
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