Full Text of HB4934 96th General Assembly
HB4934sam004 96TH GENERAL ASSEMBLY | Sen. Kirk W. Dillard Filed: 11/30/2010
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| 1 | | AMENDMENT TO HOUSE BILL 4934
| 2 | | AMENDMENT NO. ______. Amend House Bill 4934, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Department of Professional Regulation Law | 6 | | of the
Civil Administrative Code of Illinois is amended by | 7 | | adding Section 2105-165 as follows: | 8 | | (20 ILCS 2105/2105-165 new) | 9 | | Sec. 2105-165. Health care worker licensure actions; | 10 | | intentional felonies and sexual crimes. | 11 | | (a) When a licensed health care worker, as defined in the | 12 | | Health Care Worker Self-Referral Act, (1) has been convicted of | 13 | | any forcible intentional felony or a sexual criminal act that | 14 | | requires registration under the Sex Offender Registration Act | 15 | | against a patient in the course of patient care or treatment; | 16 | | (2) has been convicted of any forcible intentional felony |
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| 1 | | against any natural person; or (3) is required as a part of a | 2 | | criminal sentence to register under the Sex Offender | 3 | | Registration Act, then the Secretary, after consultation with | 4 | | the Department's regulatory and prosecutorial staff, shall | 5 | | immediately temporarily suspend the license of the health care | 6 | | worker without a hearing, simultaneously with the institution | 7 | | of proceedings for a hearing in accordance with subsection (c) | 8 | | of this Section, if the Secretary finds that evidence in his or | 9 | | her possession indicates that the health care worker's | 10 | | continuation in practice would constitute an immediate danger | 11 | | to the public. | 12 | | (b) When an Illinois State's Attorney files criminal felony | 13 | | charges alleging that a licensed health care worker, as defined | 14 | | in the Health Care Worker Self-Referral Act, committed an | 15 | | intentional forcible felony against a patient including a | 16 | | sexual act against a patient in the course of patient care or | 17 | | treatment, then the State's Attorney shall provide notice to | 18 | | the Department of the health care worker's name, address, | 19 | | practice address, and license number and the patient's name. | 20 | | Within 15 business days after receiving notice from the State's | 21 | | Attorney of the filing of criminal charges against the health | 22 | | care worker, the Secretary shall issue an administrative order | 23 | | that the health care worker shall immediately practice only | 24 | | with a chaperone during all patient encounters pending the | 25 | | outcome of the criminal proceedings. The licensee shall provide | 26 | | an acceptable written plan of compliance with the |
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| 1 | | administrative order to the Department within 10 days after | 2 | | receipt of the administrative order. Failure to comply with the | 3 | | administrative order, failure to file a compliance plan, or | 4 | | failure to follow the compliance plan shall subject the health | 5 | | care worker to temporary suspension of his or her professional | 6 | | license. | 7 | | (c) In instances in which the Secretary immediately | 8 | | suspends a license under this Section, a hearing on the health | 9 | | care worker's license must be convened by the appropriate | 10 | | licensing or disciplinary board within 15 days after the | 11 | | summary suspension and completed without appreciable delay. | 12 | | This hearing is to determine whether to recommend to the | 13 | | Secretary that the health care worker's license be revoked, | 14 | | suspended, placed on probationary status, or reinstated, or | 15 | | whether the health care worker should be subject to other | 16 | | disciplinary action. In the hearing, any written information or | 17 | | communication and any other evidence submitted therewith may be | 18 | | introduced as evidence against the health care worker; provided | 19 | | however, the health care worker, or his or her counsel, shall | 20 | | have the opportunity to discredit, impeach, and submit evidence | 21 | | rebutting such evidence. | 22 | | (d) Notwithstanding any provision of law to the contrary, | 23 | | any revocation or suspension for crimes or sentences requiring | 24 | | sex offender registration under the Sex Offender Registration | 25 | | Act shall be for a minimum of 5 years. Licensees may only be | 26 | | considered rehabilitated by the appropriate licensing or |
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| 1 | | disciplinary board (1) based upon certified written reports of | 2 | | examination by 2 physicians board certified in psychiatry | 3 | | recommending that the licensee is sufficiently rehabilitated | 4 | | to warrant the public trust and that the licensee can resume | 5 | | practice without monitoring or limitations; (2) when the | 6 | | licensee is no longer required to register as a sex offender | 7 | | under the Sex Offender Registration Act; or (3) the licensee's | 8 | | conviction is vacated, overturned, or reversed. | 9 | | (e) Nothing contained in this Section shall act in any way | 10 | | to waive or modify the confidentiality of information provided | 11 | | by the State's Attorney to the extent provided by law. Any | 12 | | information reported or disclosed shall be kept for the | 13 | | confidential use of the Secretary, Department attorneys, the | 14 | | investigative staff, and authorized clerical staff and shall be | 15 | | afforded the same status as is provided information under Part | 16 | | 21 of Article VIII of the Code of Civil Procedure, except that | 17 | | the Department may disclose information and documents to (1) a | 18 | | federal, State, or local law enforcement agency pursuant to a | 19 | | subpoena in an ongoing criminal investigation or (2) an | 20 | | appropriate licensing authority of another state or | 21 | | jurisdiction pursuant to an official request made by that | 22 | | authority. Any information and documents disclosed to a | 23 | | federal, State, or local law enforcement agency may be used by | 24 | | that agency only for the investigation and prosecution of a | 25 | | criminal offense. Any information or documents disclosed by the | 26 | | Department to a professional licensing authority of another |
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| 1 | | state or 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.
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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