Sen. Iris Y. Martinez

Filed: 4/7/2014

 

 


 

 


 
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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; (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,
4except as provided in this Section, the license of the health
5care worker shall by operation of law be permanently revoked
6without a hearing.
7    (a-1) If a licensed health care worker has been convicted
8of a forcible felony, other than a forcible felony requiring
9registration under the Sex Offender Registration Act, and the
10health care worker has had his or her license revoked, the
11health care worker may petition the Department to restore his
12or her license. In determining whether a license shall be
13restored, the Department shall consider, but is not limited to,
14the following factors:
15        (1) the seriousness of the offenses;
16        (2) the presence of multiple offenses;
17        (3) prior disciplinary history, including actions
18    taken by other agencies in this State or by other states or
19    jurisdictions, hospitals, health care facilities,
20    residency programs, employers, insurance providers, or any
21    of the armed forces of the United States or any state;
22        (4) the impact of the offenses on any injured party;
23        (5) the vulnerability of any injured party, including,
24    but not limited to, consideration of the injured party's
25    age, disability, or mental illness;
26        (6) the motive for the offenses;

 

 

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1        (7) the lack of contrition for the offenses;
2        (8) the lack of cooperation with the Department or
3    other investigative authorities;
4        (9) the lack of prior disciplinary action by the
5    Department or by other agencies in this State or by other
6    states or jurisdictions, hospitals, health care
7    facilities, residency programs, employers, insurance
8    providers, or any of the armed forces of the United States
9    or any state;
10        (10) contrition for the offenses;
11        (11) cooperation with the Department or other
12    investigative authorities;
13        (12) restitution to injured parties;
14        (13) whether the misconduct was self-reported;
15        (14) any voluntary remedial actions taken; and
16        (15) the date of conviction.
17    (b) No person who has been convicted of any offense listed
18in subsection (a) or required to register as a sex offender may
19receive a license as a health care worker in Illinois. The
20process for petition and review by the Department provided in
21subsection (a-1) shall also apply to a person whose application
22for licensure is denied pursuant to this Section.
23    (c) Immediately after a licensed health care worker, as
24defined in the Health Care Worker Self-Referral Act, has been
25charged with any offense for which the sentence includes
26registration as a sex offender; a criminal battery against a

 

 

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1patient, including any offense based on sexual conduct or
2sexual penetration, in the course of patient care or treatment;
3or a forcible felony; then the prosecuting attorney shall
4provide notice to the Department of the health care worker's
5name, address, practice address, and license number and the
6patient's name and a copy of the criminal charges filed. Within
75 business days after receiving notice from the prosecuting
8attorney of the filing of criminal charges against the health
9care worker, the Secretary shall issue an administrative order
10that the health care worker shall immediately practice only
11with a chaperone during all patient encounters pending the
12outcome of the criminal proceedings. The chaperone must be a
13licensed health care worker. The chaperone shall provide
14written notice to all of the health care worker's patients
15explaining the Department's order to use a chaperone. Each
16patient shall sign an acknowledgement that they received the
17notice. The notice to the patient of criminal charges shall
18include, in 14-point font, the following statement: "The health
19care worker is presumed innocent until proven guilty of the
20charges.". The licensed health care worker shall provide a
21written plan of compliance with the administrative order that
22is acceptable to the Department within 5 days after receipt of
23the administrative order. Failure to comply with the
24administrative order, failure to file a compliance plan, or
25failure to follow the compliance plan shall subject the health
26care worker to temporary suspension of his or her professional

 

 

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1license until the completion of the criminal proceedings.
2    (d) Nothing contained in this Section shall act in any way
3to waive or modify the confidentiality of information provided
4by the prosecuting attorney to the extent provided by law. Any
5information reported or disclosed shall be kept for the
6confidential use of the Secretary, Department attorneys, the
7investigative staff, and authorized clerical staff and shall be
8afforded the same status as is provided information under Part
921 of Article VIII of the Code of Civil Procedure, except that
10the Department may disclose information and documents to (1) a
11federal, State, or local law enforcement agency pursuant to a
12subpoena in an ongoing criminal investigation or (2) an
13appropriate licensing authority of another state or
14jurisdiction pursuant to an official request made by that
15authority. Any information and documents disclosed to a
16federal, State, or local law enforcement agency may be used by
17that agency only for the investigation and prosecution of a
18criminal offense. Any information or documents disclosed by the
19Department to a professional licensing authority of another
20state or jurisdiction may only be used by that authority for
21investigations and disciplinary proceedings with regards to a
22professional license.
23    (e) Any licensee whose license was revoked or who received
24an administrative order under this Section shall have the
25revocation or administrative order vacated and completely
26removed from the licensee's records and public view and the

 

 

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1revocation or administrative order shall be afforded the same
2status as is provided information under Part 21 of Article VIII
3of the Code of Civil Procedure if (1) the charges upon which
4the revocation or administrative order is based are dropped;
5(2) the licensee is not convicted of the charges upon which the
6revocation or administrative order is based; or (3) any
7conviction for charges upon which the revocation or
8administrative order was based have been vacated, overturned,
9or reversed.
10    (f) Nothing contained in this Section shall prohibit the
11Department from initiating or maintaining a disciplinary
12action against a licensee independent from any criminal
13charges, conviction, or sex offender registration.
14    (g) The Department may adopt rules necessary to implement
15this Section.
16(Source: P.A. 97-156, eff. 8-20-11; 97-484, eff. 9-21-11;
1797-873, eff. 7-31-12.)".