Illinois 98th Regular Session Status: Passed Senate

SB 642 — HEALTH CARE WKR-FELONY-LICENSE

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 98th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Cable and Video Competition Law of 2007 in the Public Utilities Act. Makes a technical change in a Section concerning the short title of the Article.

Bill Text

What changed in the latest version

140 added · 21 removed

Plain-language change summary

The updated version of SB 642 introduces a new provision that permanently revokes the licenses of health care workers who are convicted of serious crimes, including sex crimes and violent offenses against patients. This means that, instead of allowing for a review process or hearing, those individuals will automatically lose their license to practice, which aims to protect patients from potentially dangerous professionals. This change is significant because it enhances public safety and reinforces the commitment to maintaining high standards in healthcare professions.

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*LRB09804437JWD34465b* SB0642 98TH GENERAL ASSEMBLY State of Illinois and 2014 SB0642 Introduced 1/24/2013, by Sen.
SB0642 Engrossed LRB098 04437 JWD 34465 b AN ACT concerning regulation.
John J.
Cullerton SYNOPSIS AS INTRODUCED:
ILCS 5/21-100 Utilities Act.
Makes a technical change in a Section concerning the short title of the Article.
LRB098 04437 JWD 34465 b A BILL FOR SB0642 LRB098 04437 JWD 34465 b AN ACT concerning regulation.
The Public Utilities Act is amended by changing Section 21-100 as follows:
The Department of Professional Regulation Law of the Civil Administrative Code of Illinois is amended by changing Section 2105-165 as follows:
(220 ILCS 5/21-100) (Section scheduled to be repealed on October 1, 2013) Sec.
(20 ILCS 2105/2105-165) Sec.
21-100.
2105-165.
Short title.
Health care worker licensure actions;
This Article may be cited as the the Cable and Video Competition Law of 2007.
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, 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 SB0642 Engrossed - 2 - LRB098 04437 JWD 34465 b of a forcible felony, other than a forcible felony requiring registration under the Sex Offender Registration Act, 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.
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 offenses;
(2) the presence of multiple offenses;
(3) prior disciplinary history, including 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 offenses 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 offenses;
(7) the lack of contrition for the offenses;
(8) the lack of cooperation with the Department or other investigative authorities;
(9) the lack of prior disciplinary 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 SB0642 Engrossed - 3 - LRB098 04437 JWD 34465 b providers, or any of the armed forces of the United States or any state;
(10) contrition for the offenses;
(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;
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 pursuant to this Section.
(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;
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 SB0642 Engrossed - 4 - LRB098 04437 JWD 34465 b 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.
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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 SB0642 Engrossed - 5 - LRB098 04437 JWD 34465 b 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 SB0642 Engrossed - 6 - LRB098 04437 JWD 34465 b 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.
95-9, eff.
97-156, eff.
6-30-07.)
8-20-11;
97-484, eff.
9-21-11;
97-873, eff.
7-31-12.)
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Action History

  1. Session Sine Die

  2. Rule 19(a) / Re-referred to Rules Committee

  3. Final Action Deadline Extended-9(b) May 30, 2014

  4. Placed on Calendar - Consideration Postponed

  5. Third Reading - Consideration Postponed

  6. Placed on Calendar Order of 3rd Reading - Short Debate

  7. Second Reading - Short Debate

  8. Added Alternate Chief Co-Sponsor Rep. La Shawn K. Ford

  9. Placed on Calendar 2nd Reading - Short Debate

  10. Do Pass as Amended / Short Debate Health Care Licenses Committee; 008-000-000

  11. House Committee Amendment No. 1 Adopted in Health Care Licenses Committee; by Voice Vote

  12. House Committee Amendment No. 1 Rules Refers to Health Care Licenses Committee

  13. House Committee Amendment No. 1 Referred to Rules Committee

  14. House Committee Amendment No. 1 Filed with Clerk by Rep. Elgie R. Sims, Jr.

  15. Assigned to Health Care Licenses Committee

  16. Referred to Rules Committee

  17. First Reading

  18. Chief House Sponsor Rep. Elgie R. Sims, Jr.

  19. Arrived in House

  20. Senate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

  21. Third Reading - Passed; 045-008-000

  22. Added as Co-Sponsor Sen. Jacqueline Y. Collins

  23. Added as Chief Co-Sponsor Sen. Kwame Raoul

  24. Added as Chief Co-Sponsor Sen. Mattie Hunter

  25. Added as Chief Co-Sponsor Sen. Donne E. Trotter

  26. Placed on Calendar Order of 3rd Reading

  27. Senate Floor Amendment No. 2 Adopted; Martinez

  28. Recalled to Second Reading

  29. Senate Floor Amendment No. 2 Recommend Do Adopt Licensed Activities and Pensions; 007-001-000

  30. Senate Floor Amendment No. 1 Postponed - Licensed Activities and Pensions

  31. Senate Floor Amendment No. 2 Assignments Refers to Licensed Activities and Pensions

  32. Senate Floor Amendment No. 1 Assignments Refers to Licensed Activities and Pensions

  33. Added as Chief Co-Sponsor Sen. Pamela J. Althoff

  34. Senate Floor Amendment No. 2 Referred to Assignments

  35. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Iris Y. Martinez

  36. Senate Floor Amendment No. 1 Referred to Assignments

  37. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Iris Y. Martinez

  38. Placed on Calendar Order of 3rd Reading April 1, 2014

  39. Approved for Consideration Assignments

  40. Chief Sponsor Changed to Sen. Iris Y. Martinez

  41. Re-referred to Assignments

  42. Placed on Calendar Order of 3rd Reading April 16, 2013

  43. Second Reading

  44. Placed on Calendar Order of 2nd Reading March 21, 2013

  45. Do Pass Executive; 010-000-000

  46. Assigned to Executive

  47. Referred to Assignments

  48. First Reading

  49. Filed with Secretary by Sen. John J. Cullerton

Sponsors

  • Iris Y. Martinez · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on · 1 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • Iris Y. Martinez

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 45 Yea · 8 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 32704
Democrat 12001
Republican 1101
Total 45806
% of votes cast 76%14%0%10%
How each member voted (59)
Member Party Vote
Landek — Yea
Luechtefeld — Yea
Manar — Yea
Althoff — Yea
Martinez — Yea
Barickman — Nay
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Bush — Yea
Link — Yea
McCann — Yea
Silverstein — Yea
Harris — Yea
Forby — Yea
Frerichs — Yea
Haine — Yea
Kotowski — Yea
LaHood — Nay
McGuire — Yea
Sullivan — Yea
Jacobs — Yea
Cullerton, T. — Yea
Cullerton — Yea
McCarter — Nay
McConnaughay — Nay
Brady — Not Voting
Mulroe — Yea
Muñoz — Not Voting
Oberweis — Nay
Steans — Yea
Trotter — Yea
Clayborne — Yea
Connelly — Nay
Dillard — Yea
Duffy — Not Voting
Hutchinson — Yea
Noland — Yea
Radogno — Not Voting
Raoul — Yea
Righter — Nay
Sandoval — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Not Voting
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Nay
Dave Syverson Republican Yea
Sue Rezin Republican Not Voting

Official roll call →

Subjects

public-safety healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 642 do?
Amends the Cable and Video Competition Law of 2007 in the Public Utilities Act. Makes a technical change in a Section concerning the short title of the Article.
Who sponsors SB 642?
SB 642 is sponsored by Iris Y. Martinez.
What is the current status of SB 642?
This bill died with 98th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 642?
Track SB 642 free on One Click Politics — get push/email alerts when it moves.

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