SB1762 97TH GENERAL ASSEMBLY

LRB097 06104 CEL 46177 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1762

Introduced 2/9/2011, by Sen. Kirk W. Dillard

SYNOPSIS AS INTRODUCED:

20 ILCS 2105/2105-165 new

Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that any licensed health care worker, who has been (1) convicted of committing a sexual criminal act that requires registration under the Sex Offender Registration Act against a patient in the course of patient care or treatment, (2) has been convicted of a criminal battery against any patient, (3) a forcible felony, or (4) required as part of a criminal sentence to register under the Sex Offender Registration Act, then the license of the health care worker shall by operation of law be permanently revoked without a hearing. Provides that no person registered as a sex offender may receive a license as a health care worker in Illinois. Requires that within 15 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 may only practice with a chaperone during all patient encounters pending the outcome of the criminal proceedings. Adds provisions concerning the confidentiality of certain information and documents. Effective immediately.

A BILL FOR

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; sexual crimes.

(a) When a licensed health care worker, as defined in the Health Care Worker Self-Referral Act, (1) has been convicted of a sexual criminal act that requires registration under the Sex Offender Registration Act against a patient in the course of patient care or treatment; (2) has been convicted of a criminal battery against any patient; (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 the license of the health care worker shall by operation of law be permanently revoked without a hearing.

(b) No person registered as a sex offender may receive a license as a health care worker in Illinois.

(c) When 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 a criminal battery against a patient, including a sexual act against a patient 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. Within 15 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 licensee shall provide an acceptable written plan of compliance with the administrative order to the Department within 10 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.

(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 disciplined or who received an administrative order under this Section shall have the discipline or administrative order vacated and completely removed from the licensee's records and public view and the discipline 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 discipline or administrative order is based are dropped; (2) the licensee is not convicted of the charges upon which the discipline or administrative order is based; or (3) any conviction for charges upon which the discipline 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.

Section 99. Effective date. This Act takes effect upon becoming law.