95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB2626

 

Introduced 2/26/2007, by Rep. Michael J. Madigan - Barbara Flynn Currie - Angelo Saviano

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 46/30

    Amends the Health Care Worker Background Check Act. Makes a technical change in a Section concerning non-fingerprint based UCIA criminal records checks.


LRB095 00850 RAS 20852 b

 

 

A BILL FOR

 

HB2626 LRB095 00850 RAS 20852 b

1     AN ACT concerning regulation.
 
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 is
5 amended by changing Section 30 as follows:
 
6     (225 ILCS 46/30)
7     Sec. 30. Non-fingerprint based UCIA criminal records
8 check.
9     (a) Beginning on January 1, 1997, an educational entity,
10 other than a secondary school, conducting a nurse aide training
11 program must initiate a UCIA criminal history records check
12 prior to entry of an individual into the the training program.
13 A nurse aide seeking to be included on the nurse aide registry
14 shall authorize the Department of Public Health or its designee
15 that tests nurse aides or the health care employer or its
16 designee to request a criminal history record check pursuant to
17 the Uniform Conviction Information Act (UCIA) for each nurse
18 aide applying for inclusion on the State nurse aide registry.
19 Any nurse aide not submitting the required authorization and
20 information for the record check will not be added to the State
21 nurse aide registry. A nurse aide will not be entered on the
22 State nurse aide registry if the report from the Department of
23 State Police indicates that the nurse aide has a record of

 

 

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1 conviction of any of the criminal offenses enumerated in
2 Section 25 unless the nurse aide's identity is validated and it
3 is determined that the nurse aide does not have a disqualifying
4 criminal history record based upon a fingerprint-based records
5 check pursuant to Section 35 or the nurse aide receives a
6 waiver pursuant to Section 40.
7     (b) The Department of Public Health shall notify each
8 health care employer inquiring as to the information on the
9 State nurse aide registry of the date of the nurse aide's last
10 UCIA criminal history record check. If it has been more than
11 one year since the records check, the health care employer must
12 initiate or have initiated on his or her behalf a UCIA criminal
13 history record check for the nurse aide pursuant to this
14 Section. The health care employer must send a copy of the
15 results of the record check to the State nurse aide registry
16 for an individual employed as a nurse aide.
17     (c) Beginning January 1, 1996, a health care employer who
18 makes a conditional offer of employment to an applicant other
19 than a nurse aide for position with duties that involve direct
20 care for clients, patients, or residents must initiate or have
21 initiated on his or her behalf a UCIA criminal history record
22 check for that applicant.
23     (d) No later than January 1, 1997, a health care employer
24 must initiate or have initiated on his or her behalf a UCIA
25 criminal history record check for all employees other than
26 those enumerated in subsections (a), (b), and (c) of this

 

 

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1 Section with duties that involve direct care for clients,
2 patients, or residents. A health care employer having actual
3 knowledge from a source other than a non-fingerprint check that
4 an employee has been convicted of committing or attempting to
5 commit one of the offenses enumerated in Section 25 of this Act
6 must initiate a fingerprint-based background check within 10
7 working days of acquiring that knowledge. The employer may
8 continue to employ that individual in a direct care position,
9 may reassign that individual to a non-direct care position, or
10 may suspend the individual until the results of the
11 fingerprint-based background check are received.
12     (d-5) Beginning January 1, 2006, each long-term care
13 facility operating in the State must initiate, or have
14 initiated on its behalf, a criminal history record check for
15 all employees hired on or after January 1, 2006 with duties
16 that involve or may involve contact with residents or access to
17 the living quarters or the financial, medical, or personal
18 records of residents.
19     (e) The request for a UCIA criminal history record check
20 must be in the form prescribed by the Department of State
21 Police.
22     (f) The applicant or employee must be notified of the
23 following whenever a non-fingerprint check is made:
24         (i) that the health care employer shall request or have
25     requested on his or her behalf a UCIA criminal history
26     record check pursuant to this Act;

 

 

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1         (ii) that the applicant or employee has a right to
2     obtain a copy of the criminal records report from the
3     health care employer, challenge the accuracy and
4     completeness of the report, and request a waiver under
5     Section 40 of this Act;
6         (iii) that the applicant, if hired conditionally, may
7     be terminated if the criminal records report indicates that
8     the applicant has a record of conviction of any of the
9     criminal offenses enumerated in Section 25 unless the
10     applicant's identity is validated and it is determined that
11     the applicant does not have a disqualifying criminal
12     history record based on a fingerprint-based records check
13     pursuant to Section 35.
14         (iv) that the applicant, if not hired conditionally,
15     shall not be hired if the criminal records report indicates
16     that the applicant has a record of conviction of any of the
17     criminal offenses enumerated in Section 25 unless the
18     applicant's record is cleared based on a fingerprint-based
19     records check pursuant to Section 35.
20         (v) that the employee may be terminated if the criminal
21     records report indicates that the employee has a record of
22     conviction of any of the criminal offenses enumerated in
23     Section 25 unless the employee's record is cleared based on
24     a fingerprint-based records check pursuant to Section 35.
25     (g) A health care employer may conditionally employ an
26 applicant for up to 3 months pending the results of a UCIA

 

 

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1 criminal history record check.
2 (Source: P.A. 94-665, eff. 1-1-06.)