Full Text of HB1271 97th General Assembly
HB1271ham003 97TH GENERAL ASSEMBLY | Rep. William D. Burns Filed: 4/1/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1271
| 2 | | AMENDMENT NO. ______. Amend House Bill 1271 by replacing | 3 | | everything after the enacting clause with the following:
| 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; sex | 9 | | 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 criminal act that requires registration under the Sex | 13 | | Offender Registration Act; (2) has been convicted of a criminal | 14 | | battery against any patient in the course of patient care or | 15 | | treatment, including any offense based on sexual conduct or | 16 | | sexual penetration; (3) has been convicted of a forcible |
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| 1 | | felony; or (4) is required as a part of a criminal sentence to | 2 | | register under the Sex Offender Registration Act, then, | 3 | | notwithstanding any other provision of law to the contrary, the | 4 | | license of the health care worker shall by operation of law be | 5 | | permanently revoked without a hearing. | 6 | | (b) No person who has been convicted of any offense listed | 7 | | in subsection (a) or required to register as a sex offender may | 8 | | receive a license as a health care worker in Illinois. | 9 | | (c) Immediately after an Illinois State's Attorney files | 10 | | criminal charges alleging that a licensed health care worker, | 11 | | as defined in the Health Care Worker Self-Referral Act, | 12 | | committed any offense for which the sentence includes | 13 | | registration as a sex offender; a criminal battery against a | 14 | | patient, including any offense based on sexual conduct or | 15 | | sexual penetration, in the course of patient care or treatment; | 16 | | or a forcible felony; then the State's Attorney shall provide | 17 | | notice to the Department of the health care worker's name, | 18 | | address, practice address, and license number and the patient's | 19 | | name and a copy of the criminal charges filed. Within 5 | 20 | | business days after receiving notice from the State's Attorney | 21 | | of the filing of criminal charges against the health care | 22 | | worker, the Secretary shall issue an administrative order that | 23 | | the health care worker shall immediately practice only with a | 24 | | chaperone during all patient encounters pending the outcome of | 25 | | the criminal proceedings. The chaperone must be a licensed | 26 | | health care worker. The chaperone shall provide written notice |
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| 1 | | to all of the health care worker's patients explaining the | 2 | | Department's order to use a chaperone. Each patient shall sign | 3 | | an acknowledgement that they received the notice. The notice to | 4 | | the patient of criminal charges shall include, in 14-point | 5 | | font, the following statement: "The health care worker is | 6 | | presumed innocent until proven guilty of the charges.". The | 7 | | licensed health care worker shall provide a written plan of | 8 | | compliance with the administrative order that is acceptable to | 9 | | the Department within 5 days after receipt of the | 10 | | administrative order. Failure to comply with the | 11 | | administrative order, failure to file a compliance plan, or | 12 | | failure to follow the compliance plan shall subject the health | 13 | | care worker to temporary suspension of his or her professional | 14 | | license until the completion of the criminal proceedings. | 15 | | (d) Nothing contained in this Section shall act in any way | 16 | | to waive or modify the confidentiality of information provided | 17 | | by the State's Attorney to the extent provided by law. Any | 18 | | information reported or disclosed shall be kept for the | 19 | | confidential use of the Secretary, Department attorneys, the | 20 | | investigative staff, and authorized clerical staff and shall be | 21 | | afforded the same status as is provided information under Part | 22 | | 21 of Article VIII of the Code of Civil Procedure, except that | 23 | | the Department may disclose information and documents to (1) a | 24 | | federal, State, or local law enforcement agency pursuant to a | 25 | | subpoena in an ongoing criminal investigation or (2) an | 26 | | appropriate licensing authority of another state or |
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| 1 | | jurisdiction pursuant to an official request made by that | 2 | | authority. Any information and documents disclosed to a | 3 | | federal, State, or local law enforcement agency may be used by | 4 | | that agency only for the investigation and prosecution of a | 5 | | criminal offense. Any information or documents disclosed by the | 6 | | Department to a professional licensing authority of another | 7 | | state or jurisdiction may only be used by that authority for | 8 | | investigations and disciplinary proceedings with regards to a | 9 | | professional license. | 10 | | (e) Any licensee whose license was revoked or who received | 11 | | an administrative order under this Section shall have the | 12 | | revocation or administrative order vacated and completely | 13 | | removed from the licensee's records and public view and the | 14 | | revocation or administrative order shall be afforded the same | 15 | | status as is provided information under Part 21 of Article VIII | 16 | | of the Code of Civil Procedure if (1) the charges upon which | 17 | | the revocation or administrative order is based are dropped; | 18 | | (2) the licensee is not convicted of the charges upon which the | 19 | | revocation or administrative order is based; or (3) any | 20 | | conviction for charges upon which the revocation or | 21 | | administrative order was based have been vacated, overturned, | 22 | | or reversed. | 23 | | (f) Nothing contained in this Section shall prohibit the | 24 | | Department from initiating or maintaining a disciplinary | 25 | | action against a licensee independent from any criminal | 26 | | charges, conviction, or sex offender registration. |
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| 1 | | (g) The Department may adopt rules necessary to implement | 2 | | this Section.
| 3 | | Section 99. Effective date. This Act takes effect 30 days | 4 | | after becoming law.".
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