Relaxed restrictions: Health care licenses and criminal convictions

On January 1, 2017, new laws on the books in Illinois took effect. Among the new laws passed was a bill to protect applicants for professional licenses who may also have a record of a criminal offense and conviction. Prior to the new law, applicants for health care licenses[i] were barred from applying for a professional health care license if they had been convicted of criminal offenses.

In fact, a 2011 law, now rescinded, had automatically and permanently revoked or denied licenses to certain health care professionals with certain past felony convictions. Imagine working in a health care career for years and being stripped of your license to work and earn a living. Those affected by the 2011 law may now move forward in applying for the reissue of their health care license.

Those previously stripped of licenses may seek relief:

New health care license applicants who may have been precluded from receiving a license prior to January 1 may now request the issuance of a health care license by the State of Illinois. The Illinois Department of Financial Regulation (IDFPR), who issues and regulates health care licenses and professionals, may no longer deny a request for a professional license solely on an applicant’s criminal record unless the conviction is directly related to the occupation for which the individual seeks a license.

“The new measure is part of ongoing efforts by Governor Rauner and legislators to remove unnecessary barriers to the professional licensure while ensuring the health, safety, and welfare of the public.[ii]

New opportunities for independent review:

Under the law, if an individual applies for a license to work in regulated health care position, and they have a criminal conviction, the individual may qualify for special review under the new law. The Petition for Review, timely filed, can be used to affirmatively establish that the individual has been rehabilitated from their conviction.

There are several factors to be considered by the IDFPR in reviewing Petitions for Review, such as the seriousness of the underlying criminal conviction, any prior disciplinary history associated with the applicant, and notably, the individual’s voluntary remedial actions. Remedial actions can help establish an individual accepting responsibility for an error, and when coupled with rehabilitation, the decreased chances of future errant actions.

Child support obligations:

The new rule also gives the IDFPR more discretion in disciplining a license holder who falls behind in child support obligation. While it may be true that some child support obligors knowingly fail to pay child support, others may fall behind unintentionally. When the health care worker is denied their license to earn a living, and they want to be current on their support obligation, taking their income away can further complicate the problem.

If you believe the new law applies to your health care career and opportunity to hold the proper license, whether you were previously denied, suspended or revoked, you should know that every situation is fact-specific and what applies to some may not apply to others. Call Michael V. Favia & Associates, P.C. for a comprehensive review of your professional licensing matter to learn if the new law may change your health care career outlook.

About us: Michael V. Favia & Associates, P.C. is a health law and litigation firm in Chicago representing individuals, healthcare professionals and organizations with civil legal matters as well as professional licensing and regulation.

Chicago health law and litigation attorney Michael V. Favia and his associates in several locations and disciplines, advise and represent private individuals as well as healthcare professionals in all types of litigation and administrative matters involving licensing and regulatory agencies.

Michael V. Favia and Associates, P.C. represents individual physicians and health care organizations in the Chicago area with a variety of legal matters. With offices conveniently located in the Chicago Loop, Northwest side and suburban meeting locations, you can schedule a discrete meeting with an attorney at your convenience and discretion. Michael V. Favia & Associates is available at (773) 631-4580. Please visit www.favialawfirm.com and feel free to “Like” the firm on Facebook and “Follow” the firm on Twitter. You can also review endorsements and recommendations for Michael V. Favia on his Avvo.com profile and on LinkedIn.

 

 

[i] Note: Health care workers include doctors, nurses, social workers, pharmacists, and more.

[ii] IDFPR Press Release Dated 12/29/2016, A Pathway to Licensure: Changes to Law for Health Care Workers with Criminal Convictions.

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