Full Text of HB0220 97th General Assembly
HB0220eng 97TH GENERAL ASSEMBLY |
| | HB0220 Engrossed | | LRB097 06079 CEL 46152 b |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Professional Regulation Law of | 5 | | the
Civil Administrative Code of Illinois is amended by adding | 6 | | Section 2105-165 as follows: | 7 | | (20 ILCS 2105/2105-165 new) | 8 | | Sec. 2105-165. Health care worker licensure actions; | 9 | | 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 | | a sexual criminal act that requires registration under the Sex | 13 | | Offender Registration Act against a patient in the course of | 14 | | patient care or treatment; (2) has been convicted of a criminal | 15 | | battery against any patient; (3) has been convicted of a | 16 | | forcible felony; or (4) is required as a part of a criminal | 17 | | sentence to register under the Sex Offender Registration Act, | 18 | | then, notwithstanding any other provision of law to the | 19 | | contrary, the license of the health care worker shall by | 20 | | operation of law be permanently revoked without a hearing. | 21 | | (b) No person registered as a sex offender may receive a | 22 | | license as a health care worker in Illinois. | 23 | | (c) When an Illinois State's Attorney files criminal |
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| 1 | | charges alleging that a licensed health care worker, as defined | 2 | | in the Health Care Worker Self-Referral Act, committed a | 3 | | criminal battery against a patient, including a sexual act | 4 | | against a patient in the course of patient care or treatment, | 5 | | or a forcible felony, then the State's Attorney shall provide | 6 | | notice to the Department of the health care worker's name, | 7 | | address, practice address, and license number and the patient's | 8 | | name. Within 15 business days after receiving notice from the | 9 | | State's Attorney of the filing of criminal charges against the | 10 | | health care worker, the Secretary shall issue an administrative | 11 | | order that the health care worker shall immediately practice | 12 | | only with a chaperone during all patient encounters pending the | 13 | | outcome of the criminal proceedings. The licensee shall provide | 14 | | a written plan of compliance with the administrative order that | 15 | | is acceptable to the Department within 10 days after receipt of | 16 | | the administrative order. Failure to comply with the | 17 | | administrative order, failure to file a compliance plan, or | 18 | | failure to follow the compliance plan shall subject the health | 19 | | care worker to temporary suspension of his or her professional | 20 | | license until the completion of the criminal proceedings. | 21 | | (d) Nothing contained in this Section shall act in any way | 22 | | to waive or modify the confidentiality of information provided | 23 | | by the State's Attorney to the extent provided by law. Any | 24 | | information reported or disclosed shall be kept for the | 25 | | confidential use of the Secretary, Department attorneys, the | 26 | | investigative staff, and authorized clerical staff and shall be |
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| 1 | | afforded the same status as is provided information under Part | 2 | | 21 of Article VIII of the Code of Civil Procedure, except that | 3 | | the Department may disclose information and documents to (1) a | 4 | | federal, State, or local law enforcement agency pursuant to a | 5 | | subpoena in an ongoing criminal investigation or (2) an | 6 | | appropriate licensing authority of another state or | 7 | | jurisdiction pursuant to an official request made by that | 8 | | authority. Any information and documents disclosed to a | 9 | | federal, State, or local law enforcement agency may be used by | 10 | | that agency only for the investigation and prosecution of a | 11 | | criminal offense. Any information or documents disclosed by the | 12 | | Department to a professional licensing authority of another | 13 | | state or jurisdiction may only be used by that authority for | 14 | | investigations and disciplinary proceedings with regards to a | 15 | | professional license. | 16 | | (e) Any licensee whose license was revoked or who received | 17 | | an administrative order under this Section shall have the | 18 | | revocation or administrative order vacated and completely | 19 | | removed from the licensee's records and public view and the | 20 | | revocation or administrative order shall be afforded the same | 21 | | status as is provided information under Part 21 of Article VIII | 22 | | of the Code of Civil Procedure if (1) the charges upon which | 23 | | the revocation or administrative order is based are dropped; | 24 | | (2) the licensee is not convicted of the charges upon which the | 25 | | revocation or administrative order is based; or (3) any | 26 | | conviction for charges upon which the revocation or |
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| 1 | | administrative order was based have been vacated, overturned, | 2 | | or reversed. | 3 | | (f) Nothing contained in this Section shall prohibit the | 4 | | Department from initiating or maintaining a disciplinary | 5 | | action against a licensee independent from any criminal | 6 | | charges, conviction, or sex offender registration. | 7 | | (g) The Department may adopt rules necessary to implement | 8 | | this Section.
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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