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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 if more than 5 years have passed
10since the conviction or more than 3 years have passed since the
11health care worker's release from confinement for that
12conviction, whichever is later. In determining whether a
13license shall be restored, the Department shall consider, but
14is not limited to, the following factors:
15        (1) the seriousness of the offense;
16        (2) the presence of multiple offenses;
17        (3) prior disciplinary history, including, but not
18    limited to, actions taken by other agencies in this State
19    or by other states or jurisdictions, hospitals, health care
20    facilities, residency programs, employers, insurance
21    providers, or any of the armed forces of the United States
22    or any state;
23        (4) the impact of the offense on any injured party;
24        (5) the vulnerability of any injured party, including,
25    but not limited to, consideration of the injured party's
26    age, disability, or mental illness;



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1        (6) the motive for the offense;
2        (7) the lack of contrition for the offense;
3        (8) the lack of cooperation with the Department or
4    other investigative authorities;
5        (9) the lack of prior disciplinary action, including,
6    but not limited to, action by the Department or by other
7    agencies in this State or by other states or jurisdictions,
8    hospitals, health care facilities, residency programs,
9    employers, insurance providers, or any of the armed forces
10    of the United States or any state;
11        (10) contrition for the offense;
12        (11) cooperation with the Department or other
13    investigative authorities;
14        (12) restitution to injured parties;
15        (13) whether the misconduct was self-reported;
16        (14) any voluntary remedial actions taken or other
17    evidence of rehabilitation; and
18        (15) the date of conviction.
19    (b) No person who has been convicted of any offense listed
20in subsection (a) or required to register as a sex offender may
21receive a license as a health care worker in Illinois. The
22process for petition and review by the Department provided in
23subsection (a-1) shall also apply to a person whose application
24for licensure is denied under this Section for a conviction of
25a forcible felony, other than a forcible felony requiring
26registration under the Sex Offender Registration Act or



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



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1written plan of compliance with the administrative order that
2is acceptable to the Department within 5 days after receipt of
3the administrative order. Failure to comply with the
4administrative order, failure to file a compliance plan, or
5failure to follow the compliance plan shall subject the health
6care worker to temporary suspension of his or her professional
7license until the completion of the criminal proceedings.
8    (d) Nothing contained in this Section shall act in any way
9to waive or modify the confidentiality of information provided
10by the prosecuting attorney to the extent provided by law. Any
11information reported or disclosed shall be kept for the
12confidential use of the Secretary, Department attorneys, the
13investigative staff, and authorized clerical staff and shall be
14afforded the same status as is provided information under Part
1521 of Article VIII of the Code of Civil Procedure, except that
16the Department may disclose information and documents to (1) a
17federal, State, or local law enforcement agency pursuant to a
18subpoena in an ongoing criminal investigation or (2) an
19appropriate licensing authority of another state or
20jurisdiction pursuant to an official request made by that
21authority. Any information and documents disclosed to a
22federal, State, or local law enforcement agency may be used by
23that agency only for the investigation and prosecution of a
24criminal offense. Any information or documents disclosed by the
25Department to a professional licensing authority of another
26state or jurisdiction may only be used by that authority for



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1investigations and disciplinary proceedings with regards to a
2professional license.
3    (e) Any licensee whose license was revoked or who received
4an administrative order under this Section shall have the
5revocation or administrative order vacated and completely
6removed from the licensee's records and public view and the
7revocation or administrative order shall be afforded the same
8status as is provided information under Part 21 of Article VIII
9of the Code of Civil Procedure if (1) the charges upon which
10the revocation or administrative order is based are dropped;
11(2) the licensee is not convicted of the charges upon which the
12revocation or administrative order is based; or (3) any
13conviction for charges upon which the revocation or
14administrative order was based have been vacated, overturned,
15or reversed.
16    (f) Nothing contained in this Section shall prohibit the
17Department from initiating or maintaining a disciplinary
18action against a licensee independent from any criminal
19charges, conviction, or sex offender registration.
20    (g) The Department may adopt rules necessary to implement
21this Section.
22(Source: P.A. 97-156, eff. 8-20-11; 97-484, eff. 9-21-11;
2397-873, eff. 7-31-12.)