Full Text of SB0642 98th General Assembly
SB0642sam001 98TH GENERAL ASSEMBLY | Sen. Iris Y. Martinez Filed: 4/4/2014
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| 1 | | AMENDMENT TO SENATE BILL 642
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 642 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 | | (a-1) If a licensed health care worker has been convicted | 7 | | of a forcible felony, other than a forcible felony requiring | 8 | | registration under the Sex Offender Registration Act, and the | 9 | | health care worker has had his or her license revoked, the | 10 | | health care worker may petition the Department to restore his | 11 | | or her license. In determining whether a license shall be | 12 | | restored, the Department shall consider, but is not limited to, | 13 | | the following factors: | 14 | | (1) the seriousness of the offenses; | 15 | | (2) the presence of multiple offenses; | 16 | | (3) prior disciplinary history, including actions | 17 | | taken by other agencies in this State or by other states or | 18 | | jurisdictions, hospitals, health care facilities, | 19 | | residency programs, employers, insurance providers, or any | 20 | | of the armed forces of the United States or any state; | 21 | | (4) the impact of the offenses on any injured party; | 22 | | (5) the vulnerability of any injured party, including, | 23 | | but not limited to, consideration of the injured party's | 24 | | age, disability, or mental illness; | 25 | | (6) the motive for the offenses; | 26 | | (7) the lack of contrition for the offenses; |
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| 1 | | (8) the lack of cooperation with the Department or | 2 | | other investigative authorities; | 3 | | (9) the lack of prior disciplinary action by the | 4 | | Department or by other agencies in this State or by other | 5 | | states or jurisdictions, hospitals, health care | 6 | | facilities, residency programs, employers, insurance | 7 | | providers, or any of the armed forces of the United States | 8 | | or any state; | 9 | | (10) contrition for the offenses; | 10 | | (11) cooperation with the Department or other | 11 | | investigative authorities; | 12 | | (12) restitution to injured parties; | 13 | | (13) whether the misconduct was self-reported; | 14 | | (14) any voluntary remedial actions taken; and | 15 | | (15) the date of conviction. | 16 | | (b) No person who has been convicted of any offense listed | 17 | | in subsection (a) or required to register as a sex offender may | 18 | | receive a license as a health care worker in Illinois. | 19 | | (c) Immediately after a licensed health care worker, as | 20 | | defined in the Health Care Worker Self-Referral Act, has been | 21 | | charged with any offense for which the sentence includes | 22 | | registration as a sex offender; a criminal battery against a | 23 | | patient, including any offense based on sexual conduct or | 24 | | sexual penetration, in the course of patient care or treatment; | 25 | | or a forcible felony; then the prosecuting attorney shall | 26 | | provide notice to the Department of the health care worker's |
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| 1 | | name, address, practice address, and license number and the | 2 | | patient's name and a copy of the criminal charges filed. Within | 3 | | 5 business days after receiving notice from the prosecuting | 4 | | attorney of the filing of criminal charges against the health | 5 | | care worker, the Secretary shall issue an administrative order | 6 | | that the health care worker shall immediately practice only | 7 | | with a chaperone during all patient encounters pending the | 8 | | outcome of the criminal proceedings. The chaperone must be a | 9 | | licensed health care worker. The chaperone shall provide | 10 | | written notice to all of the health care worker's patients | 11 | | explaining the Department's order to use a chaperone. Each | 12 | | patient shall sign an acknowledgement that they received the | 13 | | notice. The notice to the patient of criminal charges shall | 14 | | include, in 14-point font, the following statement: "The health | 15 | | care worker is presumed innocent until proven guilty of the | 16 | | charges.". The licensed health care worker shall provide a | 17 | | written plan of compliance with the administrative order that | 18 | | is acceptable to the Department within 5 days after receipt of | 19 | | the administrative order. Failure to comply with the | 20 | | administrative order, failure to file a compliance plan, or | 21 | | failure to follow the compliance plan shall subject the health | 22 | | care worker to temporary suspension of his or her professional | 23 | | license until the completion of the criminal proceedings. | 24 | | (d) Nothing contained in this Section shall act in any way | 25 | | to waive or modify the confidentiality of information provided | 26 | | by the prosecuting attorney to the extent provided by law. Any |
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| 1 | | information reported or disclosed shall be kept for the | 2 | | confidential use of the Secretary, Department attorneys, the | 3 | | investigative staff, and authorized clerical staff and shall be | 4 | | afforded the same status as is provided information under Part | 5 | | 21 of Article VIII of the Code of Civil Procedure, except that | 6 | | the Department may disclose information and documents to (1) a | 7 | | federal, State, or local law enforcement agency pursuant to a | 8 | | subpoena in an ongoing criminal investigation or (2) an | 9 | | appropriate licensing authority of another state or | 10 | | jurisdiction pursuant to an official request made by that | 11 | | authority. Any information and documents disclosed to a | 12 | | federal, State, or local law enforcement agency may be used by | 13 | | that agency only for the investigation and prosecution of a | 14 | | criminal offense. Any information or documents disclosed by the | 15 | | Department to a professional licensing authority of another | 16 | | state or jurisdiction may only be used by that authority for | 17 | | investigations and disciplinary proceedings with regards to a | 18 | | professional license. | 19 | | (e) Any licensee whose license was revoked or who received | 20 | | an administrative order under this Section shall have the | 21 | | revocation or administrative order vacated and completely | 22 | | removed from the licensee's records and public view and the | 23 | | revocation or administrative order shall be afforded the same | 24 | | status as is provided information under Part 21 of Article VIII | 25 | | of the Code of Civil Procedure if (1) the charges upon which | 26 | | the revocation or administrative order is based are dropped; |
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| 1 | | (2) the licensee is not convicted of the charges upon which the | 2 | | revocation or administrative order is based; or (3) any | 3 | | conviction for charges upon which the revocation or | 4 | | administrative order was based have been vacated, overturned, | 5 | | or reversed. | 6 | | (f) Nothing contained in this Section shall prohibit the | 7 | | Department from initiating or maintaining a disciplinary | 8 | | action against a licensee independent from any criminal | 9 | | charges, conviction, or sex offender registration. | 10 | | (g) The Department may adopt rules necessary to implement | 11 | | this Section.
| 12 | | (Source: P.A. 97-156, eff. 8-20-11; 97-484, eff. 9-21-11; | 13 | | 97-873, eff. 7-31-12.)".
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