Bill Status of HB 1728   95th General Assembly

Short Description:  HEALTHCARE WRKR-RESIDNT ACCESS

House Sponsors
Rep. Kevin Joyce-Sidney H. Mathias and Elga L. Jefferies

Senate Sponsors
(Sen. Kimberly A. Lightford)


Last Action  View All Actions

DateChamber Action
  1/13/2009HouseSession Sine Die

Statutes Amended In Order of Appearance
225 ILCS 46/5
225 ILCS 46/10
225 ILCS 46/15
225 ILCS 46/20
225 ILCS 46/25
225 ILCS 46/30

Synopsis As Introduced
Amends the Health Care Worker Background Check Act. Provides that the Act applies to all employees of licensed or certified long-term care facilities who have or may have access to (instead of contact with) residents. Defines "access to" and makes changes to the definition of "health care employer" and "long-term care facility". Effective immediately.

House Amendment No. 1
Deletes reference to:
225 ILCS 46/5
225 ILCS 46/10
225 ILCS 46/30
Adds reference to:
225 ILCS 46/33 new
225 ILCS 46/40
225 ILCS 46/45
225 ILCS 46/50
225 ILCS 46/55
225 ILCS 46/60
225 ILCS 46/25.1 rep.
225 ILCS 46/30 rep.
225 ILCS 46/35 rep.

Deletes everything after the enacting clause. Amends the Health Care Worker Background Check Act. Removes references to UCIA criminal history records checks and provides for fingerprint-based criminal history records checks. Makes changes in provisions concerning definitions, exceptions, persons ineligible to be hired by health care employers and long-term care facilities, a waiver, application fees, health care employer files, immunity from liability, and an offense. Repeals Sections concerning duplicate background checks and non-fingerprint based and fingerprint-based UCIA criminal records checks. Effective immediately.

House Amendment No. 2
Deletes everything after the enacting clause. Reinserts the provisions of the bill as amended by House Amendment No. 1 with the following changes. Makes changes to the definition of "livescan vendor". Deletes a provision allowing the Department of Public Health to require the individual educational entity or healthcare employer to pay a separate fingerprinting fee to a livescan vendor; a provision requiring an employee who has met the requirements of the Act prior to October 1, 2007 and been continuously employed since that date to have a fingerprint-based criminal history record check initiated by October 1, 2010; and a provision concerning notification of an employee's new conviction of a disqualifying offense. Sets forth a provision concerning the prohibition of an individual who is inactive on the Health Care Worker Registry from being hired to work as a certified nurse aid. Provides that on October 1, 2007, or as soon thereafter as is reasonably practical, and thereafter, each direct care employer or its designee must provide an employment verification for each employee no less than annually. Requires the direct care employer to log into the Health Care Worker Registry through a secure login and to indicate employment and termination dates within 30 days after hiring or terminating an employee, as well as the employment category and type. Sets forth penalties for failure to comply with these employment verification requirements and provides that the information shall be used by the Department of Public Health to notify the last known employer of any disqualifying offenses that are reported by the Department of State Police. Requires that a letter be sent to an applicant notifying him or her of the receipt of an automatic waiver of prohibition of employment, except in the case of rehabilitation waivers. Makes other changes. Effective immediately.

Actions 
DateChamber Action
  2/22/2007HouseFiled with the Clerk by Rep. Kevin Joyce
  2/22/2007HouseFirst Reading
  2/22/2007HouseReferred to Rules Committee
  2/23/2007HouseAdded Chief Co-Sponsor Rep. Sidney H. Mathias
  2/27/2007HouseAssigned to Judiciary II - Criminal Law Committee
  3/20/2007HouseHouse Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
  3/20/2007HouseHouse Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  3/20/2007HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 013-000-000
  3/21/2007HousePlaced on Calendar 2nd Reading - Short Debate
  3/27/2007HouseSecond Reading - Short Debate
  3/27/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/20/2007HouseRecalled to Second Reading - Short Debate
  4/20/2007HouseHeld on Calendar Order of Second Reading - Short Debate
  4/25/2007HouseHouse Amendment No. 2 Filed with Clerk by Rep. Kevin Joyce
  4/25/2007HouseHouse Amendment No. 2 Referred to Rules Committee
  4/26/2007HouseHouse Amendment No. 2 Recommends Be Adopted Rules Committee; 003-000-000
  4/26/2007HouseHouse Amendment No. 2 Adopted by Voice Vote
  4/26/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/27/2007HouseThird Reading/Final Action Deadline Extended-9(b) May 3, 2007
  5/3/2007HouseThird Reading/Final Action Deadline Extended-9(b) May 10, 2007
  5/10/2007HouseThird Reading/Final Action Deadline Extended-9(b) May 18, 2007
  5/17/2007HouseThird Reading - Short Debate - Passed 114-000-000
  5/18/2007SenateArrive in Senate
  5/18/2007SenatePlaced on Calendar Order of First Reading
  5/18/2007SenateChief Senate Sponsor Sen. Kimberly A. Lightford
  5/18/2007SenateFirst Reading
  5/18/2007SenateReferred to Rules
  5/18/2007HouseAdded Co-Sponsor Rep. Elga L. Jefferies
  5/15/2008SenateRule 2-10 Committee Deadline Established As May 22, 2008; Substantive House Bills Out of Committee
  1/13/2009HouseSession Sine Die

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