Public Act 97-156: Licensure Revocation for Health Care Professionals Convicted or Facing Criminal Allegations
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September 14, 2011
September 14, 2011
After receiving the unanimous approval of the General Assembly, Governor Pat Quinn signed HB1271 - Public Act 97-156 - into law. The legislation was the result of efforts to protect patients from licensed health care professionals convicted or facing allegations of sexual and violent crimes. The law took effect August 21, 2011; the Illinois Department of Financial and Professional Regulation (IDFPR) has begun licensure revocation for health care professionals convicted of serious criminal activities as outlined in the Act.
Summary: Individuals Convicted of Serious Crimes
PA97-156 amends the Department of Professional Regulation portion of the Civil Administrative Code of Illinois. As passed, the Act prohibits health care professionals from maintaining licensure if they have been convicted of any of the following criminal activity:
- A criminal act requiring registration under Illinois' Sex Offender Registration Act;
- A criminal battery against any patient in the course of patient care of treatment (including sexual conduct or sexual penetration);
- A forcible felony; or A criminal sentence requiring registration under Illinois' Sex Offender Registration Act.
The Act requires IDFPR to permanently revoke the existing license of health care professionals convicted of any of these crimes without a hearing. The Department is also prohibited from issuing licenses to new applicants with past convictions.
Summary: Individuals Facing Allegations of Serious Crimes
In addition to addressing convicted health care professionals, the law also places new restrictions on licensed health care professionals confronting allegations associated with the crimes listed above. Under this Act, State's Attorneys are required to notify IDFPR when they file related charges against a licensed health care professional. Within 5 days, IDFPR must issue an administrative order to the individual stating they may not have any further patient contact unless certain conditions are met. The licensed health care professional is required to submit an "acceptable" plan of compliance with the Department stipulating he or she will only provide direct patient care when chaperoned by a licensed health care professional. The Act requires the chaperone to obtain from each patient written acknowledgement of the criminal charges that meets specified language and formatting requirements outlined in the Act. The failure of the licensed professional to comply with the administrative order or acceptable compliance plan will result in IDFPR temporarily suspending their license pending completion of the criminal proceedings.
Implications for Hospitals
While the Act directly applies to State's Attorneys, IDFPR, and licensed health care professionals, hospitals and other health care employers should be aware of potential operational and workforce implications . IDFPR has shared with IHA staff that the agency now regards licensed health care professionals convicted of these sexual and violent crimes as unlicensed practitioners, regardless of when the individual was convicted. The Department indicated it is their obligation under the law to identify those individuals convicted of these crimes. They have begun initiating licensure revocations for health care professionals previously disciplined by the agency.
Moving forward, the Department will issue administrative orders to licensed health care professionals facing allegations upon notification by State Attorneys that criminal charges have been filed. They also intend to promulgate regulations to lend definitions to "forcible felonies" and "health care worker."
Hospitals should consider updating staff about this law, and with their legal counsel, review operational policies directing employees and contract staff to self-report allegations or convictions to their human resource department. Members should assess organizational bylaws related to the suspension, removal, or reassignment of physicians and other licensed health care professionals accused or convicted of the serious criminal activity outlined in this Act. Hospitals should additionally consider their existing processes to implement, if needed, the new chaperone requirement.
Resources:
Staff Contact: Bridget McCarte; 630.276.5843