Illinois General Assembly - Full Text of SB0042
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Full Text of SB0042  99th General Assembly


Rep. Camille Y. Lilly

Filed: 4/4/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 42, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Department of Professional Regulation Law
6of the Civil Administrative Code of Illinois is amended by
7changing Section 2105-165 as follows:
8    (20 ILCS 2105/2105-165)
9    Sec. 2105-165. Health care worker licensure actions; sex
11    (a) When a licensed health care worker, as defined in the
12Health Care Worker Self-Referral Act, (1) has been convicted of
13a criminal act that requires registration under the Sex
14Offender Registration Act; (1.5) has been convicted of
15involuntary sexual servitude of a minor under subsection (c) of
16Section 10-9 or subsection (b) of Section 10A-10 of the



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1Criminal Code of 1961 or the Criminal Code of 2012; (2) has
2been convicted of a criminal battery against any patient in the
3course of patient care or treatment, including any offense
4based on sexual conduct or sexual penetration; (3) has been
5convicted of a forcible felony; or (4) is required as a part of
6a criminal sentence to register under the Sex Offender
7Registration Act, then, notwithstanding any other provision of
8law to the contrary, except as provided in this Section, the
9license of the health care worker shall by operation of law be
10permanently revoked without a hearing.
11    (a-1) If a licensed health care worker has been convicted
12of a forcible felony, other than a forcible felony requiring
13registration under the Sex Offender Registration Act or
14involuntary sexual servitude of a minor that is a forcible
15felony, and the health care worker has had his or her license
16revoked, the health care worker may petition the Department to
17restore his or her license if more than 5 years have passed
18since the conviction or more than 3 years have passed since the
19health care worker's release from confinement for that
20conviction, whichever is later. In determining whether a
21license shall be restored, the Department shall consider, but
22is not limited to, the following factors:
23        (1) the seriousness of the offense;
24        (2) the presence of multiple offenses;
25        (3) prior disciplinary history, including, but not
26    limited to, actions taken by other agencies in this State



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1    or by other states or jurisdictions, hospitals, health care
2    facilities, residency programs, employers, insurance
3    providers, or any of the armed forces of the United States
4    or any state;
5        (4) the impact of the offense on any injured party;
6        (5) the vulnerability of any injured party, including,
7    but not limited to, consideration of the injured party's
8    age, disability, or mental illness;
9        (6) the motive for the offense;
10        (7) the lack of contrition for the offense;
11        (8) the lack of cooperation with the Department or
12    other investigative authorities;
13        (9) the lack of prior disciplinary action, including,
14    but not limited to, action by the Department or by other
15    agencies in this State or by other states or jurisdictions,
16    hospitals, health care facilities, residency programs,
17    employers, insurance providers, or any of the armed forces
18    of the United States or any state;
19        (10) contrition for the offense;
20        (11) cooperation with the Department or other
21    investigative authorities;
22        (12) restitution to injured parties;
23        (13) whether the misconduct was self-reported;
24        (14) any voluntary remedial actions taken or other
25    evidence of rehabilitation; and
26        (15) the date of conviction.



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1    (b) No person who has been convicted of any offense listed
2in subsection (a) or required to register as a sex offender may
3receive a license as a health care worker in Illinois. The
4process for petition and review by the Department provided in
5subsection (a-1) shall also apply to a person whose application
6for licensure is denied under this Section for a conviction of
7a forcible felony, other than a forcible felony requiring
8registration under the Sex Offender Registration Act or
9involuntary sexual servitude of a minor that is a forcible
11    (c) Immediately after a licensed health care worker, as
12defined in the Health Care Worker Self-Referral Act, has been
13charged with any offense for which the sentence includes
14registration as a sex offender; involuntary sexual servitude of
15a minor; a criminal battery against a patient, including any
16offense based on sexual conduct or sexual penetration, in the
17course of patient care or treatment; or a forcible felony; then
18the prosecuting attorney shall provide notice to the Department
19of the health care worker's name, address, practice address,
20and license number and the patient's name and a copy of the
21criminal charges filed. Within 5 business days after receiving
22notice from the prosecuting attorney of the filing of criminal
23charges against the health care worker, the Secretary shall
24issue an administrative order that the health care worker shall
25immediately practice only with a chaperone during all patient
26encounters pending the outcome of the criminal proceedings. The



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1chaperone must be a licensed health care worker. The chaperone
2shall provide written notice to all of the health care worker's
3patients explaining the Department's order to use a chaperone.
4Each patient shall sign an acknowledgement that they received
5the notice. The notice to the patient of criminal charges shall
6include, in 14-point font, the following statement: "The health
7care worker is presumed innocent until proven guilty of the
8charges.". The licensed health care worker shall provide a
9written plan of compliance with the administrative order that
10is acceptable to the Department within 5 days after receipt of
11the administrative order. Failure to comply with the
12administrative order, failure to file a compliance plan, or
13failure to follow the compliance plan shall subject the health
14care worker to temporary suspension of his or her professional
15license until the completion of the criminal proceedings.
16    (d) Nothing contained in this Section shall act in any way
17to waive or modify the confidentiality of information provided
18by the prosecuting attorney to the extent provided by law. Any
19information reported or disclosed shall be kept for the
20confidential use of the Secretary, Department attorneys, the
21investigative staff, and authorized clerical staff and shall be
22afforded the same status as is provided information under Part
2321 of Article VIII of the Code of Civil Procedure, except that
24the Department may disclose information and documents to (1) a
25federal, State, or local law enforcement agency pursuant to a
26subpoena in an ongoing criminal investigation or (2) an



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1appropriate licensing authority of another state or
2jurisdiction pursuant to an official request made by that
3authority. Any information and documents disclosed to a
4federal, State, or local law enforcement agency may be used by
5that agency only for the investigation and prosecution of a
6criminal offense. Any information or documents disclosed by the
7Department to a professional licensing authority of another
8state or jurisdiction may only be used by that authority for
9investigations and disciplinary proceedings with regards to a
10professional license.
11    (e) Any licensee whose license was revoked or who received
12an administrative order under this Section shall have the
13revocation or administrative order vacated and completely
14removed from the licensee's records and public view and the
15revocation or administrative order shall be afforded the same
16status as is provided information under Part 21 of Article VIII
17of the Code of Civil Procedure if (1) the charges upon which
18the revocation or administrative order is based are dropped;
19(2) the licensee is not convicted of the charges upon which the
20revocation or administrative order is based; or (3) any
21conviction for charges upon which the revocation or
22administrative order was based have been vacated, overturned,
23or reversed.
24    (f) Nothing contained in this Section shall prohibit the
25Department from initiating or maintaining a disciplinary
26action against a licensee independent from any criminal



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1charges, conviction, or sex offender registration.
2    (g) The Department may adopt rules necessary to implement
3this Section.
4(Source: P.A. 97-156, eff. 8-20-11; 97-484, eff. 9-21-11;
597-873, eff. 7-31-12.)".