SB0042 EngrossedLRB099 03947 HAF 23964 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Department of Professional Regulation Law of
5the Civil Administrative Code of Illinois is amended by
6changing Section 2105-165 as follows:
7    (20 ILCS 2105/2105-165)
8    Sec. 2105-165. Health care worker licensure actions; sex
10    (a) When a licensed health care worker, as defined in the
11Health Care Worker Self-Referral Act, (1) has been convicted of
12a criminal act that requires registration under the Sex
13Offender Registration Act; (1.5) has been convicted of
14involuntary sexual servitude of a minor under subsection (c) of
15Section 10-9 or subsection (b) of Section 10A-10 of the
16Criminal Code of 1961 or the Criminal Code of 2012; (2) has
17been convicted of a criminal battery against any patient in the
18course of patient care or treatment, including any offense
19based on sexual conduct or sexual penetration; (3) has been
20convicted of a forcible felony; or (4) is required as a part of
21a criminal sentence to register under the Sex Offender
22Registration Act, then, notwithstanding any other provision of
23law to the contrary, except as provided in this Section, the



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1license of the health care worker shall by operation of law be
2permanently revoked without a hearing.
3    (a-1) If a licensed health care worker has been convicted
4of a forcible felony, other than a forcible felony requiring
5registration under the Sex Offender Registration Act or
6involuntary sexual servitude of a minor that is a forcible
7felony, and the health care worker has had his or her license
8revoked, the health care worker may petition the Department to
9restore his or her license so long as the conviction occurred
10more than 5 years before the date the petition is filed. In
11determining whether a license shall be restored, the Department
12shall consider, but is not limited to, the following factors:
13        (1) the seriousness of the offense;
14        (2) the presence of multiple offenses;
15        (3) prior disciplinary history, including actions
16    taken by other agencies in this State or by other states or
17    jurisdictions, hospitals, health care facilities,
18    residency programs, employers, insurance providers, or any
19    of the armed forces of the United States or any state;
20        (4) the impact of the offense on any injured party;
21        (5) the vulnerability of any injured party, including,
22    but not limited to, consideration of the injured party's
23    age, disability, or mental illness;
24        (6) the motive for the offense;
25        (7) the lack of contrition for the offense;
26        (8) the lack of cooperation with the Department or



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1    other investigative authorities;
2        (9) the lack of prior disciplinary action by the
3    Department or by other agencies in this State or by other
4    states or jurisdictions, hospitals, health care
5    facilities, residency programs, employers, insurance
6    providers, or any of the armed forces of the United States
7    or any state;
8        (10) contrition for the offense;
9        (11) cooperation with the Department or other
10    investigative authorities;
11        (12) restitution to injured parties;
12        (13) whether the misconduct was self-reported;
13        (14) any voluntary remedial actions taken; and
14        (15) the date of conviction.
15    (b) No person who has been convicted of any offense listed
16in subsection (a) or required to register as a sex offender may
17receive a license as a health care worker in Illinois. The
18process for petition and review by the Department provided in
19subsection (a-1) shall also apply to a person whose application
20for licensure is denied under this Section for a conviction of
21a forcible felony, other than a forcible felony requiring
22registration under the Sex Offender Registration Act or
23involuntary sexual servitude of a minor that is a forcible
25    (c) Immediately after a licensed health care worker, as
26defined in the Health Care Worker Self-Referral Act, has been



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1charged with any offense for which the sentence includes
2registration as a sex offender; involuntary sexual servitude of
3a minor; a criminal battery against a patient, including any
4offense based on sexual conduct or sexual penetration, in the
5course of patient care or treatment; or a forcible felony; then
6the prosecuting attorney shall provide notice to the Department
7of the health care worker's name, address, practice address,
8and license number and the patient's name and a copy of the
9criminal charges filed. Within 5 business days after receiving
10notice from the prosecuting attorney of the filing of criminal
11charges against the health care worker, the Secretary shall
12issue an administrative order that the health care worker shall
13immediately practice only with a chaperone during all patient
14encounters pending the outcome of the criminal proceedings. The
15chaperone must be a licensed health care worker. The chaperone
16shall provide written notice to all of the health care worker's
17patients explaining the Department's order to use a chaperone.
18Each patient shall sign an acknowledgement that they received
19the notice. The notice to the patient of criminal charges shall
20include, in 14-point font, the following statement: "The health
21care worker is presumed innocent until proven guilty of the
22charges.". The licensed health care worker shall provide a
23written plan of compliance with the administrative order that
24is acceptable to the Department within 5 days after receipt of
25the administrative order. Failure to comply with the
26administrative order, failure to file a compliance plan, or



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1failure to follow the compliance plan shall subject the health
2care worker to temporary suspension of his or her professional
3license until the completion of the criminal proceedings.
4    (d) Nothing contained in this Section shall act in any way
5to waive or modify the confidentiality of information provided
6by the prosecuting attorney to the extent provided by law. Any
7information reported or disclosed shall be kept for the
8confidential use of the Secretary, Department attorneys, the
9investigative staff, and authorized clerical staff and shall be
10afforded the same status as is provided information under Part
1121 of Article VIII of the Code of Civil Procedure, except that
12the Department may disclose information and documents to (1) a
13federal, State, or local law enforcement agency pursuant to a
14subpoena in an ongoing criminal investigation or (2) an
15appropriate licensing authority of another state or
16jurisdiction pursuant to an official request made by that
17authority. Any information and documents disclosed to a
18federal, State, or local law enforcement agency may be used by
19that agency only for the investigation and prosecution of a
20criminal offense. Any information or documents disclosed by the
21Department to a professional licensing authority of another
22state or jurisdiction may only be used by that authority for
23investigations and disciplinary proceedings with regards to a
24professional license.
25    (e) Any licensee whose license was revoked or who received
26an administrative order under this Section shall have the



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1revocation or administrative order vacated and completely
2removed from the licensee's records and public view and the
3revocation or administrative order shall be afforded the same
4status as is provided information under Part 21 of Article VIII
5of the Code of Civil Procedure if (1) the charges upon which
6the revocation or administrative order is based are dropped;
7(2) the licensee is not convicted of the charges upon which the
8revocation or administrative order is based; or (3) any
9conviction for charges upon which the revocation or
10administrative order was based have been vacated, overturned,
11or reversed.
12    (f) Nothing contained in this Section shall prohibit the
13Department from initiating or maintaining a disciplinary
14action against a licensee independent from any criminal
15charges, conviction, or sex offender registration.
16    (g) The Department may adopt rules necessary to implement
17this Section.
18(Source: P.A. 97-156, eff. 8-20-11; 97-484, eff. 9-21-11;
1997-873, eff. 7-31-12.)