093_HB2147eng HB2147 Engrossed LRB093 07155 AMC 07310 b 1 AN ACT concerning health care workers. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Health Care Worker Background Check Act 5 is amended by changing Section 25 and adding Section 25.2 as 6 follows: 7 (225 ILCS 46/25) 8 Sec. 25. Persons ineligible to be hired by health care 9 employers. 10 (a) After January 1, 1996, or January 1, 1997, as 11 applicable, no health care employer shall knowingly hire, 12 employ, or retain any individual in a position with duties 13 involving direct access tocare forclients, patients, or 14 residents, who has been convicted of committing or attempting 15 to commit one or more of the offenses defined in Sections 16 8-1.1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 17 9-3.3, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-7, 11-6, 18 11-9.1, 11-19.2, 11-20.1, 12-1, 12-2, 12-3, 12-3.1, 12-3.2, 19 12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 20 12-7.4, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-19, 21 12-21, 12-21.6, 12-32, 12-33, 16-1, 16-1.3, 16A-3, 17-3, 22 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 20-1, 20-1.1, 23 24-1, 24-1.2, 24-1.5, or 33A-2 of the Criminal Code of 1961; 24 those provided in Section 4 of the Wrongs to Children Act; 25 those provided in Section 53 of the Criminal Jurisprudence 26 Act; those defined in Section 5, 5.1, 5.2, 7, or 9 of the 27 Cannabis Control Act; or those defined in Sections 401, 28 401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois 29 Controlled Substances Act, unless the applicant or employee 30 obtains a waiver pursuant to Section 40. 31 (b) A health care employer shall not hire, employ, or HB2147 Engrossed -2- LRB093 07155 AMC 07310 b 1 retain any individual in a position with duties involving 2 direct access tocare ofclients, patients, or residents if 3 the health care employer becomes aware that the individual 4 has been convicted in another state of committing or 5 attempting to commit an offense that has the same or similar 6 elements as an offense listed in subsection (a), as verified 7 by court records, records from a state agency, or an FBI 8 criminal history record check. This shall not be construed to 9 mean that a health care employer has an obligation to conduct 10 a criminal history records check in other states in which an 11 employee has resided. 12 (Source: P.A. 90-441, eff. 1-1-98; 91-598, eff. 1-1-00.) 13 (225 ILCS 46/25.2 new) 14 Sec. 25.2. Criminal penalty. A person who knowingly 15 enters false, incomplete, or intentionally misleading 16 information on an application for a position subject to this 17 Act; who knowingly gives a false, incomplete, or 18 intentionally misleading answer to any question on an 19 application for employment; who knowingly submits false, 20 incomplete, or intentionally misleading documents in 21 connection with an application for employment; or who 22 knowingly provides false, incomplete, or intentionally 23 misleading information during an interview for a position 24 subject to this Act is guilty of a Class A misdemeanor.