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.)