Public Act 099-0886
 
SB0042 EnrolledLRB099 03947 HAF 23964 b

    AN ACT concerning regulation.
 
    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
changing Section 2105-165 as follows:
 
    (20 ILCS 2105/2105-165)
    Sec. 2105-165. Health care worker licensure actions; sex
crimes.
    (a) When a licensed health care worker, as defined in the
Health Care Worker Self-Referral Act, (1) has been convicted of
a criminal act that requires registration under the Sex
Offender Registration Act; (1.5) has been convicted of
involuntary sexual servitude of a minor under subsection (c) of
Section 10-9 or subsection (b) of Section 10A-10 of the
Criminal Code of 1961 or the Criminal Code of 2012; (2) has
been convicted of a criminal battery against any patient in the
course of patient care or treatment, including any offense
based on sexual conduct or sexual penetration; (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, notwithstanding any other provision of
law to the contrary, except as provided in this Section, the
license of the health care worker shall by operation of law be
permanently revoked without a hearing.
    (a-1) If a licensed health care worker has been convicted
of a forcible felony, other than a forcible felony requiring
registration under the Sex Offender Registration Act or
involuntary sexual servitude of a minor that is a forcible
felony, and the health care worker has had his or her license
revoked, the health care worker may petition the Department to
restore his or her license if more than 5 years have passed
since the conviction or more than 3 years have passed since the
health care worker's release from confinement for that
conviction, whichever is later. In determining whether a
license shall be restored, the Department shall consider, but
is not limited to, the following factors:
        (1) the seriousness of the offense;
        (2) the presence of multiple offenses;
        (3) prior disciplinary history, including, but not
    limited to, actions taken by other agencies in this State
    or by other states or jurisdictions, hospitals, health care
    facilities, residency programs, employers, insurance
    providers, or any of the armed forces of the United States
    or any state;
        (4) the impact of the offense on any injured party;
        (5) the vulnerability of any injured party, including,
    but not limited to, consideration of the injured party's
    age, disability, or mental illness;
        (6) the motive for the offense;
        (7) the lack of contrition for the offense;
        (8) the lack of cooperation with the Department or
    other investigative authorities;
        (9) the lack of prior disciplinary action, including,
    but not limited to, action by the Department or by other
    agencies in this State or by other states or jurisdictions,
    hospitals, health care facilities, residency programs,
    employers, insurance providers, or any of the armed forces
    of the United States or any state;
        (10) contrition for the offense;
        (11) cooperation with the Department or other
    investigative authorities;
        (12) restitution to injured parties;
        (13) whether the misconduct was self-reported;
        (14) any voluntary remedial actions taken or other
    evidence of rehabilitation; and
        (15) the date of conviction.
    (b) No person who has been convicted of any offense listed
in subsection (a) or required to register as a sex offender may
receive a license as a health care worker in Illinois. The
process for petition and review by the Department provided in
subsection (a-1) shall also apply to a person whose application
for licensure is denied under this Section for a conviction of
a forcible felony, other than a forcible felony requiring
registration under the Sex Offender Registration Act or
involuntary sexual servitude of a minor that is a forcible
felony.
    (c) Immediately after a licensed health care worker, as
defined in the Health Care Worker Self-Referral Act, has been
charged with any offense for which the sentence includes
registration as a sex offender; involuntary sexual servitude of
a minor; a criminal battery against a patient, including any
offense based on sexual conduct or sexual penetration, in the
course of patient care or treatment; or a forcible felony; then
the prosecuting 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 and a copy of the
criminal charges filed. Within 5 business days after receiving
notice from the prosecuting 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
chaperone must be a licensed health care worker. The chaperone
shall provide written notice to all of the health care worker's
patients explaining the Department's order to use a chaperone.
Each patient shall sign an acknowledgement that they received
the notice. The notice to the patient of criminal charges shall
include, in 14-point font, the following statement: "The health
care worker is presumed innocent until proven guilty of the
charges.". The licensed health care worker shall provide a
written plan of compliance with the administrative order that
is acceptable to the Department within 5 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 until the completion of the criminal proceedings.
    (d) Nothing contained in this Section shall act in any way
to waive or modify the confidentiality of information provided
by the prosecuting 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 whose license was revoked or who received
an administrative order under this Section shall have the
revocation or administrative order vacated and completely
removed from the licensee's records and public view and the
revocation 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 revocation or administrative order is based are dropped;
(2) the licensee is not convicted of the charges upon which the
revocation or administrative order is based; or (3) any
conviction for charges upon which the revocation 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.
    (g) The Department may adopt rules necessary to implement
this Section.
(Source: P.A. 97-156, eff. 8-20-11; 97-484, eff. 9-21-11;
97-873, eff. 7-31-12.)

Effective Date: 1/1/2017