Public Act 097-0873
 
SB3137 EnrolledLRB097 17061 DRJ 62259 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; (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, the 
license of the  health care worker shall by operation  of law be 
permanently revoked without a hearing.
    (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. 
    (c)  Immediately after an Illinois State's Attorney files 
criminal charges alleging that a licensed health care worker, 
as defined in the Health Care Worker Self-Referral Act, has 
been charged with committed any offense for which the sentence 
includes registration as a sex offender; 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 
State's 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 State's 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 State's 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.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.