Our panel of leading appellate attorneys review Friday's Illinois Supreme Court opinions in the civil cases Hayashi v. Illinois Department of Financial & Professional Regulation and Lake County Grading Co. v. Village of Antioch and the criminal case People v. Patterson.
By Alyssa M. Reiter, Williams, Montgomery & John Ltd.
The plaintiffs in this case were physicians whose health care licenses were permanently revoked based upon prior convictions for battery or criminal sexual abuse of their patients. They argued that section 2105-165 of the Department of Professional Regulation Law, which was the basis for the revocation, did not apply to people whose convictions predated the Act, that the Act was impermissibly retroactive, and that the enforcement violated various state and federal constitutional provisions.
The Supreme Court found “no merit” in any of plaintiff’s claims. The Court affirmed the dismissal of plaintiffs’ complaints for declaratory and injunctive relief.
Section 2105-165 was enacted in 2011. It mandates permanent revocation, without a hearing, of the license of a health care worker who has been convicted of certain types of criminal offenses, such as “Sex Offender” offenses. Each of the plaintiffs had been convicted, before 2011, of the types of offenses included within the Act.
The Court held that the language of the Act, which provides that revocation applies when a health care worker “has been convicted,” indicated that the Act was intended to apply to convictions that predated the Act.