Full Text of SB3137 97th General Assembly
SB3137sam001 97TH GENERAL ASSEMBLY | Sen. Kirk W. Dillard Filed: 3/23/2012
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| 1 | | AMENDMENT TO SENATE BILL 3137
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3137 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 | | changing Section 2105-165 as follows: | 7 | | (20 ILCS 2105/2105-165) | 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, has | 12 | | been charged with committed any offense for which the sentence | 13 | | includes registration as a sex offender; a criminal battery | 14 | | against a patient, including any offense based on sexual | 15 | | conduct or sexual penetration, in the course of patient care or | 16 | | treatment; or a forcible felony; then the prosecuting attorney | 17 | | State's Attorney shall provide notice to the Department of the | 18 | | health care worker's name, address, practice address, and | 19 | | license number and the patient's name and a copy of the | 20 | | criminal charges filed. Within 5 business days after receiving | 21 | | notice from the prosecuting attorney State's Attorney of the | 22 | | filing of criminal charges against the health care worker, the | 23 | | Secretary shall issue an administrative order that the health | 24 | | care worker shall immediately practice only with a chaperone | 25 | | during all patient encounters pending the outcome of the | 26 | | criminal proceedings. The chaperone must be a licensed health |
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| 1 | | care worker. The chaperone shall provide written notice to all | 2 | | of the health care worker's patients explaining the | 3 | | Department's order to use a chaperone. Each patient shall sign | 4 | | an acknowledgement that they received the notice. The notice to | 5 | | the patient of criminal charges shall include, in 14-point | 6 | | font, the following statement: "The health care worker is | 7 | | presumed innocent until proven guilty of the charges.". The | 8 | | licensed health care worker shall provide a written plan of | 9 | | compliance with the administrative order that is acceptable to | 10 | | the Department within 5 days after receipt of the | 11 | | administrative order. Failure to comply with the | 12 | | administrative order, failure to file a compliance plan, or | 13 | | failure to follow the compliance plan shall subject the health | 14 | | care worker to temporary suspension of his or her professional | 15 | | license until the completion of the criminal proceedings. | 16 | | (d) Nothing contained in this Section shall act in any way | 17 | | to waive or modify the confidentiality of information provided | 18 | | by the prosecuting attorney State's Attorney to the extent | 19 | | provided by law. Any information reported or disclosed shall be | 20 | | kept for the confidential use of the Secretary, Department | 21 | | attorneys, the investigative staff, and authorized clerical | 22 | | staff and shall be afforded the same status as is provided | 23 | | information under Part 21 of Article VIII of the Code of Civil | 24 | | Procedure, except that the Department may disclose information | 25 | | and documents to (1) a federal, State, or local law enforcement | 26 | | agency pursuant to a subpoena in an ongoing criminal |
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| 1 | | investigation or (2) an appropriate licensing authority of | 2 | | another state or jurisdiction pursuant to an official request | 3 | | made by that authority. Any information and documents disclosed | 4 | | to a federal, State, or local law enforcement agency may be | 5 | | used by that agency only for the investigation and prosecution | 6 | | of a criminal offense. Any information or documents disclosed | 7 | | by the Department to a professional licensing authority of | 8 | | another state or jurisdiction may only be used by that | 9 | | authority for investigations and disciplinary proceedings with | 10 | | regards to a professional license. | 11 | | (e) Any licensee whose license was revoked or who received | 12 | | an administrative order under this Section shall have the | 13 | | revocation or administrative order vacated and completely | 14 | | removed from the licensee's records and public view and the | 15 | | revocation or administrative order shall be afforded the same | 16 | | status as is provided information under Part 21 of Article VIII | 17 | | of the Code of Civil Procedure if (1) the charges upon which | 18 | | the revocation or administrative order is based are dropped; | 19 | | (2) the licensee is not convicted of the charges upon which the | 20 | | revocation or administrative order is based; or (3) any | 21 | | conviction for charges upon which the revocation or | 22 | | administrative order was based have been vacated, overturned, | 23 | | or reversed. | 24 | | (f) Nothing contained in this Section shall prohibit the | 25 | | Department from initiating or maintaining a disciplinary | 26 | | action against a licensee independent from any criminal |
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| 1 | | charges, conviction, or sex offender registration. | 2 | | (g) The Department may adopt rules necessary to implement | 3 | | this Section.
| 4 | | (Source: P.A. 97-156, eff. 8-20-11; 97-484, eff. 9-21-11.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.".
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