Illinois

Illinois (Civil Code)

Compiled Statutes 740 ILCS 140/1 – Definitions

Current as of: 2016 | Check for updates | Other versions

In this Act:
(a) “Emotionally dependent” means that the nature of the patient’s or former patient’s emotional condition and the nature of the treatment provided by the psychotherapist, unlicensed health professional, or unlicensed mental health professional are such that the psychotherapist, unlicensed health professional, or unlicensed mental health professional knows or has reason to believe that the patient or former patient is unable to withhold consent to sexual contact by the psychotherapist, unlicensed health professional, or unlicensed mental health professional.
(b) “Former patient” means a person who was given psychotherapy within 1 year prior to sexual contact with the psychotherapist or who obtained a professional consultation or diagnostic or therapeutic service from an unlicensed health professional or unlicensed mental health professional within one year prior to sexual contact with the unlicensed health professional or unlicensed mental health professional.
(c) “Patient” means a person who seeks or obtains psychotherapy or who obtains a professional consultation or diagnostic or therapeutic service from an unlicensed health professional or unlicensed mental health professional.
(d) “Psychotherapist” means a physician, psychologist, nurse, chemical dependency counselor, social worker, or other person, whether or not licensed by the State, who performs or purports to perform psychotherapy.
(e) “Psychotherapy” means the professional treatment, assessment, or counseling of a mental or emotional illness, symptom, or condition. “Psychotherapy” does not include counseling of a spiritual or religious nature, social work, or casual advice given by a friend or family member.
(f) “Sexual contact” means any of the following, whether or not occurring with the consent of a patient or former patient:
(1) sexual intercourse, cunnilingus, fellatio, anal

intercourse or any intrusion, however slight, into the genital or anal openings of the patient’s or former patient’s body by any part of the psychotherapist’s, unlicensed health professional’s, or unlicensed mental health professional’s body or by any object used by the psychotherapist, unlicensed health professional, or unlicensed mental health professional for that purpose, or any intrusion, however slight, into the genital or anal openings of the psychotherapist’s, unlicensed health professional’s, or unlicensed mental health professional’s body by any part of the patient’s or former patient’s body or by any object used by the patient or former patient for that purpose, if agreed to by the psychotherapist, unlicensed health professional, or unlicensed mental health professional;

(2) kissing or intentional touching by the

psychotherapist, unlicensed health professional, or unlicensed mental health professional of the patient’s or former patient’s genital area, groin, inner thigh, buttocks, or breast or the clothing covering any of these body parts;

(3) kissing or intentional touching by the patient or

former patient of the psychotherapist’s, unlicensed health professional’s, or unlicensed mental health professional’s genital area, groin, inner thigh, buttocks, or breast or the clothing covering any of these body parts if the psychotherapist, unlicensed health professional, or unlicensed mental health professional agrees to the kissing or intentional touching.

“Sexual contact” includes a request by the psychotherapist, unlicensed health professional, or unlicensed mental health professional for conduct described in paragraphs (1) through (3).
“Sexual contact” does not include conduct described in paragraph (1) or (2) that is a part of standard medical treatment of a patient, casual social contact not intended to be sexual in character, or inadvertent touching.
(g) “Therapeutic deception” means a representation by a psychotherapist, unlicensed health professional, or unlicensed mental health professional that sexual contact with the psychotherapist, unlicensed health professional, or unlicensed mental health professional is consistent with or part of the patient’s or former patient’s treatment.
(h) “Unlicensed health professional” means a person who is not licensed or registered to provide health services by the Department of Professional Regulation or a board of registration duly authorized to grant licenses or registration to persons engaged in the practice of providing health services or whose license or registration to provide health services has been returned or revoked by the Department or that board.
(i) “Unlicensed mental health professional” means a person who is not licensed or registered to provide mental health services by the Department of Professional Regulation or a board of registration duly authorized to grant licenses or registration to persons engaged in the practice of providing mental health services or whose license or registration to provide mental health services has been returned or revoked by the Department or that board.

OTHER RESOURCES:

WHEN THE WOLF TENDS THE FLOCK: CLERGY MISCONDUCT AND MARITAL COUNSELING ARTICLE 



West’s Smith-Hurd Illinois Compiled Statutes Annotated



Chapter 225. Professions, Occupations, and Business Operations



Health



Act 47. Health Care Worker Self-Referral Act (Refs & Annos)


225 ILCS 47/15

47/15. Definitions

Effective: August 9, 2013

Currentness

§ 15. Definitions. In this Act:

 

(a) “Board” means the Health Facilities and Services Review Board.

 

(b) “Entity” means any individual, partnership, firm, corporation, or other business that provides health services but does not include an individual who is a health care worker who provides professional services to an individual.

 

(c) “Group practice” means a group of 2 or more health care workers legally organized as a partnership, professional corporation, not-for-profit corporation, faculty practice plan or a similar association in which:

 

(1) each health care worker who is a member or employee or an independent contractor of the group provides substantially the full range of services that the health care worker routinely provides, including consultation, diagnosis, or treatment, through the use of office space, facilities, equipment, or personnel of the group;

 

(2) the services of the health care workers are provided through the group, and payments received for health services are treated as receipts of the group; and

 

(3) the overhead expenses and the income from the practice are distributed by methods previously determined by the group.

 

(d) “Health care worker” means any individual licensed under the laws of this State to provide health services, including but not limited to: dentists licensed under the Illinois Dental Practice Act;1 dental hygienists licensed under the Illinois Dental Practice Act; nurses and advanced practice nurses licensed under the Nurse Practice Act;2 occupational therapists licensed under the Illinois Occupational Therapy Practice Act;3 optometrists licensed under the Illinois Optometric Practice Act of 1987;4 pharmacists licensed under the Pharmacy Practice Act;5 physical therapists licensed under the Illinois Physical Therapy Act;6 physicians licensed under the Medical Practice Act of 1987;7 physician assistants licensed under the Physician Assistant Practice Act of 1987;8 podiatric physicians licensed under the Podiatric Medical Practice Act of 1987;9 clinical psychologists licensed under the Clinical Psychologist Licensing Act;10 clinical social workers licensed under the Clinical Social Work and Social Work Practice Act;11 speech-language pathologists and audiologists licensed under the Illinois Speech-Language Pathology and Audiology Practice Act;12 or hearing instrument dispensers licensed under the Hearing Instrument Consumer Protection Act,13 or any of their successor Acts.

 

(e) “Health services” means health care procedures and services provided by or through a health care worker.

 

(f) “Immediate family member” means a health care worker’s spouse, child, child’s spouse, or a parent.

 

(g) “Investment interest” means an equity or debt security issued by an entity, including, without limitation, shares of stock in a corporation, units or other interests in a partnership, bonds, debentures, notes, or other equity interests or debt instruments except that investment interest for purposes of Section 20 does not include interest in a hospital licensed under the laws of the State of Illinois.

 

(h) “Investor” means an individual or entity directly or indirectly owning a legal or beneficial ownership or investment interest, (such as through an immediate family member, trust, or another entity related to the investor).

 

(i) “Office practice” includes the facility or facilities at which a health care worker, on an ongoing basis, provides or supervises the provision of professional health services to individuals.

 

(j) “Referral” means any referral of a patient for health services, including, without limitation:

 

(1) The forwarding of a patient by one health care worker to another health care worker or to an entity outside the health care worker’s office practice or group practice that provides health services.

 

(2) The request or establishment by a health care worker of a plan of care outside the health care worker’s office practice or group practice that includes the provision of any health services.

 

Credits

P.A. 87-1207, § 15, eff. Jan. 1, 1993. Amended by P.A. 89-72, § 15, eff. Dec. 31, 1995; P.A. 90-742, § 15, eff. Aug. 13, 1998; P.A. 95-639, § 115, eff. Oct. 5, 2007; P.A. 95-689, § 55, eff. Oct. 29, 2007; P.A. 95-876, § 235, eff. Aug. 21, 2008; P.A. 96-31, § 55, eff. June 30, 2009; P.A. 98-214, § 36, eff. Aug. 9, 2013.

 

Footnotes

1

225 ILCS 25/1 et seq.

2

225 ILCS 65/50-1 et seq.

3

225 ILCS 75/1 et seq.

4

225 ILCS 80/1 et seq.

5

225 ILCS 85/1 et seq.

6

225 ILCS 90/1 et seq.

7

225 ILCS 60/1 et seq.

8

225 ILCS 95/1 et seq.

9

225 ILCS 100/1 et seq.

10

225 ILCS 15/1 et seq.

11

225 ILCS 20/1 et seq.

12

225 ILCS 110/1 et seq.

13

225 ILCS 50/1 et seq.

225 I.L.C.S. 47/15, IL ST CH 225 § 47/15

Current through P.A. 99-938 of the 2016 Reg. Sess.

End of Document

© 2017 Thomson Reuters. No claim to original U.S. Government Works.



West’s Smith-Hurd Illinois Compiled Statutes Annotated



Chapter 740. Civil Liabilities



Act 140. Sexual Exploitation in Psychotherapy, Professional Health Services, and Professional Mental Health Services Act (Refs & Annos)


740 ILCS 140/1

Formerly cited as IL ST CH 70¶801

140/1. Definitions

Currentness

§ 1. Definitions. In this Act:

 

(a) “Emotionally dependent” means that the nature of the patient’s or former patient’s emotional condition and the nature of the treatment provided by the psychotherapist, unlicensed health professional, or unlicensed mental health professional are such that the psychotherapist, unlicensed health professional, or unlicensed mental health professional knows or has reason to believe that the patient or former patient is unable to withhold consent to sexual contact by the psychotherapist, unlicensed health professional, or unlicensed mental health professional.

 

(b) “Former patient” means a person who was given psychotherapy within 1 year prior to sexual contact with the psychotherapist or who obtained a professional consultation or diagnostic or therapeutic service from an unlicensed health professional or unlicensed mental health professional within one year prior to sexual contact with the unlicensed health professional or unlicensed mental health professional.

 

(c) “Patient” means a person who seeks or obtains psychotherapy or who obtains a professional consultation or diagnostic or therapeutic service from an unlicensed health professional or unlicensed mental health professional.

 

(d) “Psychotherapist” means a physician, psychologist, nurse, chemical dependency counselor, social worker, or other person, whether or not licensed by the State, who performs or purports to perform psychotherapy.

 

(e) “Psychotherapy” means the professional treatment, assessment, or counseling of a mental or emotional illness, symptom, or condition. “Psychotherapy” does not include counseling of a spiritual or religious nature, social work, or casual advice given by a friend or family member.

 

(f) “Sexual contact” means any of the following, whether or not occurring with the consent of a patient or former patient:

 

(1) sexual intercourse, cunnilingus, fellatio, anal intercourse or any intrusion, however slight, into the genital or anal openings of the patient’s or former patient’s body by any part of the psychotherapist’s, unlicensed health professional’s, or unlicensed mental health professional’s body or by any object used by the psychotherapist, unlicensed health professional, or unlicensed mental health professional for that purpose, or any intrusion, however, slight, into the genital or anal openings of the psychotherapist’s, unlicensed health professional’s, or unlicensed mental health professional’s body by any part of the patient’s or former patient’s body or by any object used by the patient or former patient for that purpose, if agreed to by the psychotherapist, unlicensed health professional, or unlicensed mental health professional;

 

(2) kissing or intentional touching by the psychotherapist, unlicensed health professional, or unlicensed mental health professional of the patient’s or former patient’s genital area, groin, inner thigh, buttocks, or breast or the clothing covering any of these body parts;

 

(3) kissing or intentional touching by the patient or former patient of the psychotherapist’s, unlicensed health professional’s, or unlicensed mental health professional’s genital area, groin, inner thigh, buttocks, or breast or the clothing covering any of these body parts if the psychotherapist, unlicensed health professional, or unlicensed mental health professional agrees to the kissing or intentional touching.

 

“Sexual contact” includes a request by the psychotherapist, unlicensed health professional, or unlicensed mental health professional for conduct described in paragraphs (1) through (3).

 

“Sexual contact” does not include conduct described in paragraph (1) or (2) that is a part of standard medical treatment of a patient, casual social contact not intended to be sexual in character, or inadvertent touching.

 

(g) “Therapeutic deception” means a representation by a psychotherapist, unlicensed health professional, or unlicensed mental health professional that sexual contact with the psychotherapist, unlicensed health professional, or unlicensed mental health professional is consistent with or part of the patient’s or former patient’s treatment.

 

(h) “Unlicensed health professional” means a person who is not licensed or registered to provide health services by the Department of Professional Regulation or a board of registration duly authorized to grant licenses or registration to persons engaged in the practice of providing health services or whose license or registration to provide health services has been returned or revoked by the Department or that board.

 

(i) “Unlicensed mental health professional” means a person who is not licensed or registered to provide mental health services by the Department of Professional Regulation or a board of registration duly authorized to grant licenses or registration to persons engaged in the practice of providing mental health services or whose license or registration to provide mental health services has been returned or revoked by the Department or that board.

 

Credits

P.A. 85-1254, § 1, eff. Jan. 1, 1989. Amended by P.A. 90-538, § 20, eff. Dec. 1, 1997.

 

Formerly Ill.Rev.Stat.1991, ch. 70, ¶ 801.

 

740 I.L.C.S. 140/1, IL ST CH 740 § 140/1

Current through P.A. 99-938 of the 2016 Reg. Sess.

End of Document

© 2017 Thomson Reuters. No claim to original U.S. Government Works.

 
 
West’s Smith-Hurd Illinois Compiled Statutes Annotated 

Chapter 20. Executive Branch

Department of Financial and Professional Regulation (Formerly Professional Regulation) (Refs & Annos)

Act 2105. Civil Administrative Code of Illinois (Refs & Annos)

Article 2105. Department of Professional Regulation (Refs & Annos)

20 ILCS 2105/2105-165

2105/2105-165. Health care worker licensure actions; sex crimes

Effective: January 1, 2017

Currentness

§ 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.

 
Credits
Laws 1917, p. 2, § 2105-165, added by P.A. 97-156, § 5, eff. Aug. 20, 2011; P.A. 97-484, § 5, eff. Sept. 21, 2011. Amended by P.A. 97-873, § 5, eff. July 31, 2012; P.A. 99-886, § 5, eff. Jan. 1, 2017.

 
20 I.L.C.S. 2105/2105-165, IL ST CH 20 § 2105/2105-165

Current through P.A. 99-938 of the 2016 Reg. Sess.

End of Document

© 2017 Thomson Reuters. No claim to original U.S. Government Works.

West’s Smith-Hurd Illinois Compiled Statutes Annotated 

Chapter 20. Executive Branch

Department of Financial and Professional Regulation (Formerly Professional Regulation) (Refs & Annos)

Act 2105. Civil Administrative Code of Illinois (Refs & Annos)

Article 2105. Department of Professional Regulation (Refs & Annos)

20 ILCS 2105/2105-165

2105/2105-165. Health care worker licensure actions; sex crimes

Effective: January 1, 2017

Currentness

§ 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.

 
 
West’s Smith-Hurd Illinois Compiled Statutes Annotated 

Chapter 20. Executive Branch

Department of Financial and Professional Regulation (Formerly Professional Regulation) (Refs & Annos)

Act 2105. Civil Administrative Code of Illinois (Refs & Annos)

Article 2105. Department of Professional Regulation (Refs & Annos)

20 ILCS 2105/2105-165

2105/2105-165. Health care worker licensure actions; sex crimes

Effective: January 1, 2017

Currentness

§ 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.

Credits

Laws 1917, p. 2, § 2105-165, added by P.A. 97-156, § 5, eff. Aug. 20, 2011; P.A. 97-484, § 5, eff. Sept. 21, 2011. Amended by P.A. 97-873, § 5, eff. July 31, 2012; P.A. 99-886, § 5, eff. Jan. 1, 2017.

 
20 I.L.C.S. 2105/2105-165, IL ST CH 20 § 2105/2105-165

Current through P.A. 99-938 of the 2016 Reg. Sess.

End of Document

© 2017 Thomson Reuters. No claim to original U.S. Government Works. 

(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.

 
Credits
Laws 1917, p. 2, § 2105-165, added by P.A. 97-156, § 5, eff. Aug. 20, 2011; P.A. 97-484, § 5, eff. Sept. 21, 2011. Amended by P.A. 97-873, § 5, eff. July 31, 2012; P.A. 99-886, § 5, eff. Jan. 1, 2017.

 
20 I.L.C.S. 2105/2105-165, IL ST CH 20 § 2105/2105-165

Current through P.A. 99-938 of the 2016 Reg. Sess.

End of Document

© 2017 Thomson Reuters. No claim to original U.S. Government Works.

 

 

 

 

 

 

 

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