Rep. Elgie R. Sims, Jr.

Filed: 4/29/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 642

2    AMENDMENT NO. ______. Amend Senate Bill 642 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
9crimes.
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; (1.5) has been convicted of
14involuntary sexual servitude of a minor under subsection (c) of
15Section 10-9 or subsection (b) of Section 10A-10 of the
16Criminal Code of 1961 or the Criminal Code of 2012; (2) has

 

 

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1been convicted of a criminal battery against any patient in the
2course of patient care or treatment, including any offense
3based on sexual conduct or sexual penetration; (3) has been
4convicted of a forcible felony; or (4) is required as a part of
5a criminal sentence to register under the Sex Offender
6Registration Act, then, notwithstanding any other provision of
7law to the contrary, except as provided in this Section, the
8license of the health care worker shall by operation of law be
9permanently revoked without a hearing.
10    (a-1) If a licensed health care worker has been convicted
11of a forcible felony, other than a forcible felony requiring
12registration under the Sex Offender Registration Act or
13involuntary sexual servitude of a minor that is a forcible
14felony, and the health care worker has had his or her license
15revoked, the health care worker may petition the Department to
16restore his or her license. In determining whether a license
17shall be restored, the Department shall consider, but is not
18limited to, the following factors:
19        (1) the seriousness of the offense;
20        (2) the presence of multiple offenses;
21        (3) prior disciplinary history, including actions
22    taken by other agencies in this State or by other states or
23    jurisdictions, hospitals, health care facilities,
24    residency programs, employers, insurance providers, or any
25    of the armed forces of the United States or any state;
26        (4) the impact of the offense on any injured party;

 

 

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1        (5) the vulnerability of any injured party, including,
2    but not limited to, consideration of the injured party's
3    age, disability, or mental illness;
4        (6) the motive for the offense;
5        (7) the lack of contrition for the offense;
6        (8) the lack of cooperation with the Department or
7    other investigative authorities;
8        (9) the lack of prior disciplinary action by the
9    Department or by other agencies in this State or by other
10    states or jurisdictions, hospitals, health care
11    facilities, residency programs, employers, insurance
12    providers, or any of the armed forces of the United States
13    or any state;
14        (10) contrition for the offense;
15        (11) cooperation with the Department or other
16    investigative authorities;
17        (12) restitution to injured parties;
18        (13) whether the misconduct was self-reported;
19        (14) any voluntary remedial actions taken; and
20        (15) the date of conviction.
21    (b) No person who has been convicted of any offense listed
22in subsection (a) or required to register as a sex offender may
23receive a license as a health care worker in Illinois. The
24process for petition and review by the Department provided in
25subsection (a-1) shall also apply to a person whose application
26for licensure is denied under this Section for a conviction of

 

 

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1a forcible felony, other than a forcible felony requiring
2registration under the Sex Offender Registration Act or
3involuntary sexual servitude of a minor that is a forcible
4felony.
5    (c) Immediately after a licensed health care worker, as
6defined in the Health Care Worker Self-Referral Act, has been
7charged with any offense for which the sentence includes
8registration as a sex offender; involuntary sexual servitude of
9a minor; a criminal battery against a patient, including any
10offense based on sexual conduct or sexual penetration, in the
11course of patient care or treatment; or a forcible felony; then
12the prosecuting attorney shall provide notice to the Department
13of the health care worker's name, address, practice address,
14and license number and the patient's name and a copy of the
15criminal charges filed. Within 5 business days after receiving
16notice from the prosecuting attorney of the filing of criminal
17charges against the health care worker, the Secretary shall
18issue an administrative order that the health care worker shall
19immediately practice only with a chaperone during all patient
20encounters pending the outcome of the criminal proceedings. The
21chaperone must be a licensed health care worker. The chaperone
22shall provide written notice to all of the health care worker's
23patients explaining the Department's order to use a chaperone.
24Each patient shall sign an acknowledgement that they received
25the notice. The notice to the patient of criminal charges shall
26include, in 14-point font, the following statement: "The health

 

 

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1care worker is presumed innocent until proven guilty of the
2charges.". The licensed health care worker shall provide a
3written plan of compliance with the administrative order that
4is acceptable to the Department within 5 days after receipt of
5the administrative order. Failure to comply with the
6administrative order, failure to file a compliance plan, or
7failure to follow the compliance plan shall subject the health
8care worker to temporary suspension of his or her professional
9license until the completion of the criminal proceedings.
10    (d) Nothing contained in this Section shall act in any way
11to waive or modify the confidentiality of information provided
12by the prosecuting attorney to the extent provided by law. Any
13information reported or disclosed shall be kept for the
14confidential use of the Secretary, Department attorneys, the
15investigative staff, and authorized clerical staff and shall be
16afforded the same status as is provided information under Part
1721 of Article VIII of the Code of Civil Procedure, except that
18the Department may disclose information and documents to (1) a
19federal, State, or local law enforcement agency pursuant to a
20subpoena in an ongoing criminal investigation or (2) an
21appropriate licensing authority of another state or
22jurisdiction pursuant to an official request made by that
23authority. Any information and documents disclosed to a
24federal, State, or local law enforcement agency may be used by
25that agency only for the investigation and prosecution of a
26criminal offense. Any information or documents disclosed by the

 

 

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1Department to a professional licensing authority of another
2state or jurisdiction may only be used by that authority for
3investigations and disciplinary proceedings with regards to a
4professional license.
5    (e) Any licensee whose license was revoked or who received
6an administrative order under this Section shall have the
7revocation or administrative order vacated and completely
8removed from the licensee's records and public view and the
9revocation or administrative order shall be afforded the same
10status as is provided information under Part 21 of Article VIII
11of the Code of Civil Procedure if (1) the charges upon which
12the revocation or administrative order is based are dropped;
13(2) the licensee is not convicted of the charges upon which the
14revocation or administrative order is based; or (3) any
15conviction for charges upon which the revocation or
16administrative order was based have been vacated, overturned,
17or reversed.
18    (f) Nothing contained in this Section shall prohibit the
19Department from initiating or maintaining a disciplinary
20action against a licensee independent from any criminal
21charges, conviction, or sex offender registration.
22    (g) The Department may adopt rules necessary to implement
23this Section.
24(Source: P.A. 97-156, eff. 8-20-11; 97-484, eff. 9-21-11;
2597-873, eff. 7-31-12.)".