| ||||
Public Act 097-0156 | ||||
| ||||
| ||||
AN ACT concerning State government.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Department of Professional Regulation Law of | ||||
the
Civil Administrative Code of Illinois is amended by adding | ||||
Section 2105-165 as follows: | ||||
(20 ILCS 2105/2105-165 new) | ||||
Sec. 2105-165. Health care worker licensure actions; sex | ||||
crimes. | ||||
(a) When a licensed health care worker, as defined in the | ||||
Health Care Worker Self-Referral Act, (1) has been convicted of | ||||
a criminal act that requires registration under the Sex | ||||
Offender Registration Act; (2) has been convicted of a criminal | ||||
battery against any patient in the course of patient care or | ||||
treatment, including any offense based on sexual conduct or | ||||
sexual penetration; (3) has been convicted of a forcible | ||||
felony; or (4) is required as a part of a criminal sentence to | ||||
register under the Sex Offender Registration Act, then, | ||||
notwithstanding any other provision of law to the contrary, the | ||||
license of the health care worker shall by operation of law be | ||||
permanently revoked without a hearing. | ||||
(b) No person who has been convicted of any offense listed | ||||
in subsection (a) or required to register as a sex offender may |
receive a license as a health care worker in Illinois. | ||
(c) Immediately after an Illinois State's Attorney files | ||
criminal charges alleging that a licensed health care worker, | ||
as defined in the Health Care Worker Self-Referral Act, | ||
committed any offense for which the sentence includes | ||
registration as a sex offender; a criminal battery against a | ||
patient, including any offense based on sexual conduct or | ||
sexual penetration, in the course of patient care or treatment; | ||
or a forcible felony; then the State's Attorney shall provide | ||
notice to the Department of the health care worker's name, | ||
address, practice address, and license number and the patient's | ||
name and a copy of the criminal charges filed. Within 5 | ||
business days after receiving notice from the State's Attorney | ||
of the filing of criminal charges against the health care | ||
worker, the Secretary shall issue an administrative order that | ||
the health care worker shall immediately practice only with a | ||
chaperone during all patient encounters pending the outcome of | ||
the criminal proceedings. The chaperone must be a licensed | ||
health care worker. The chaperone shall provide written notice | ||
to all of the health care worker's patients explaining the | ||
Department's order to use a chaperone. Each patient shall sign | ||
an acknowledgement that they received the notice. The notice to | ||
the patient of criminal charges shall include, in 14-point | ||
font, the following statement: "The health care worker is | ||
presumed innocent until proven guilty of the charges.". The | ||
licensed health care worker shall provide a written plan of |
compliance with the administrative order that is acceptable to | ||
the Department within 5 days after receipt of the | ||
administrative order. Failure to comply with the | ||
administrative order, failure to file a compliance plan, or | ||
failure to follow the compliance plan shall subject the health | ||
care worker to temporary suspension of his or her professional | ||
license until the completion of the criminal proceedings. | ||
(d) Nothing contained in this Section shall act in any way | ||
to waive or modify the confidentiality of information provided | ||
by the State's Attorney to the extent provided by law. Any | ||
information reported or disclosed shall be kept for the | ||
confidential use of the Secretary, Department attorneys, the | ||
investigative staff, and authorized clerical staff and shall be | ||
afforded the same status as is provided information under Part | ||
21 of Article VIII of the Code of Civil Procedure, except that | ||
the Department may disclose information and documents to (1) a | ||
federal, State, or local law enforcement agency pursuant to a | ||
subpoena in an ongoing criminal investigation or (2) an | ||
appropriate licensing authority of another state or | ||
jurisdiction pursuant to an official request made by that | ||
authority. Any information and documents disclosed to a | ||
federal, State, or local law enforcement agency may be used by | ||
that agency only for the investigation and prosecution of a | ||
criminal offense. Any information or documents disclosed by the | ||
Department to a professional licensing authority of another | ||
state or jurisdiction may only be used by that authority for |
investigations and disciplinary proceedings with regards to a | ||
professional license. | ||
(e) Any licensee whose license was revoked or who received | ||
an administrative order under this Section shall have the | ||
revocation or administrative order vacated and completely | ||
removed from the licensee's records and public view and the | ||
revocation or administrative order shall be afforded the same | ||
status as is provided information under Part 21 of Article VIII | ||
of the Code of Civil Procedure if (1) the charges upon which | ||
the revocation or administrative order is based are dropped; | ||
(2) the licensee is not convicted of the charges upon which the | ||
revocation or administrative order is based; or (3) any | ||
conviction for charges upon which the revocation or | ||
administrative order was based have been vacated, overturned, | ||
or reversed. | ||
(f) Nothing contained in this Section shall prohibit the | ||
Department from initiating or maintaining a disciplinary | ||
action against a licensee independent from any criminal | ||
charges, conviction, or sex offender registration. | ||
(g) The Department may adopt rules necessary to implement | ||
this Section.
| ||
Section 99. Effective date. This Act takes effect 30 days | ||
after becoming law.
|