Full Text of HB0220 97th General Assembly
HB0220ham001 97TH GENERAL ASSEMBLY | Rep. Jack D. Franks Filed: 2/17/2011
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| 1 | | AMENDMENT TO HOUSE BILL 220
| 2 | | AMENDMENT NO. ______. Amend House Bill 220 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 | | adding Section 2105-165 as follows: | 7 | | (20 ILCS 2105/2105-165 new) | 8 | | Sec. 2105-165. Health care worker licensure actions; | 9 | | sexual 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 sexual criminal act that requires registration under the Sex | 13 | | Offender Registration Act against a patient in the course of | 14 | | patient care or treatment; (2) has been convicted of a criminal | 15 | | battery against any patient; (3) has been convicted of a | 16 | | forcible felony; or (4) is required as a part of a criminal |
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| 1 | | sentence to register under the Sex Offender Registration Act, | 2 | | then the license of the health care worker shall by operation | 3 | | of law be permanently revoked without a hearing. | 4 | | (b) No person registered as a sex offender may receive a | 5 | | license as a health care worker in Illinois. | 6 | | (c) When an Illinois State's Attorney files criminal | 7 | | charges alleging that a licensed health care worker, as defined | 8 | | in the Health Care Worker Self-Referral Act, committed a | 9 | | criminal battery against a patient, including a sexual act | 10 | | against a patient in the course of patient care or treatment, | 11 | | or a forcible felony, then the State's Attorney shall provide | 12 | | notice to the Department of the health care worker's name, | 13 | | address, practice address, and license number and the patient's | 14 | | name. Within 15 business days after receiving notice from the | 15 | | State's Attorney of the filing of criminal charges against the | 16 | | health care worker, the Secretary shall issue an administrative | 17 | | order that the health care worker shall immediately practice | 18 | | only with a chaperone during all patient encounters pending the | 19 | | outcome of the criminal proceedings. The licensee shall provide | 20 | | an acceptable written plan of compliance with the | 21 | | administrative order to the Department within 10 days after | 22 | | receipt of the administrative order. Failure to comply with the | 23 | | administrative order, failure to file a compliance plan, or | 24 | | failure to follow the compliance plan shall subject the health | 25 | | care worker to temporary suspension of his or her professional | 26 | | license. |
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| 1 | | (d) Nothing contained in this Section shall act in any way | 2 | | to waive or modify the confidentiality of information provided | 3 | | by the State's Attorney to the extent provided by law. Any | 4 | | information reported or disclosed shall be kept for the | 5 | | confidential use of the Secretary, Department attorneys, the | 6 | | investigative staff, and authorized clerical staff and shall be | 7 | | afforded the same status as is provided information under Part | 8 | | 21 of Article VIII of the Code of Civil Procedure, except that | 9 | | the Department may disclose information and documents to (1) a | 10 | | federal, State, or local law enforcement agency pursuant to a | 11 | | subpoena in an ongoing criminal investigation or (2) an | 12 | | appropriate licensing authority of another state or | 13 | | jurisdiction pursuant to an official request made by that | 14 | | authority. Any information and documents disclosed to a | 15 | | federal, State, or local law enforcement agency may be used by | 16 | | that agency only for the investigation and prosecution of a | 17 | | criminal offense. Any information or documents disclosed by the | 18 | | Department to a professional licensing authority of another | 19 | | state or jurisdiction may only be used by that authority for | 20 | | investigations and disciplinary proceedings with regards to a | 21 | | professional license. | 22 | | (e) Any licensee disciplined or who received an | 23 | | administrative order under this Section shall have the | 24 | | discipline or administrative order vacated and completely | 25 | | removed from the licensee's records and public view and the | 26 | | discipline or administrative order shall be afforded the same |
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| 1 | | status as is provided information under Part 21 of Article VIII | 2 | | of the Code of Civil Procedure if (1) the charges upon which | 3 | | the discipline or administrative order is based are dropped; | 4 | | (2) the licensee is not convicted of the charges upon which the | 5 | | discipline or administrative order is based; or (3) any | 6 | | conviction for charges upon which the discipline or | 7 | | administrative order was based have been vacated, overturned, | 8 | | or reversed. | 9 | | (f) Nothing contained in this Section shall prohibit the | 10 | | Department from initiating or maintaining a disciplinary | 11 | | action against a licensee independent from any criminal | 12 | | charges, conviction, or sex offender registration.
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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