Illinois General Assembly - Full Text of SB1771
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Full Text of SB1771  102nd General Assembly




SB1771 EnrolledLRB102 14683 SPS 20036 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Health Care Worker Background Check Act is
5amended by changing Section 15 as follows:
6    (225 ILCS 46/15)
7    Sec. 15. Definitions. In this Act:
8    "Applicant" means an individual enrolling in a training
9program, seeking employment, whether paid or on a volunteer
10basis, with a health care employer who has received a bona fide
11conditional offer of employment.
12    "Conditional offer of employment" means a bona fide offer
13of employment by a health care employer to an applicant, which
14is contingent upon the receipt of a report from the Department
15of Public Health indicating that the applicant does not have a
16record of conviction of any of the criminal offenses
17enumerated in Section 25.
18    "Department" means the Department of Public Health.
19    "Direct care" means the provision of nursing care or
20assistance with feeding, dressing, movement, bathing,
21toileting, or other personal needs, including home services as
22defined in the Home Health, Home Services, and Home Nursing
23Agency Licensing Act. The entity responsible for inspecting



SB1771 Enrolled- 2 -LRB102 14683 SPS 20036 b

1and licensing, certifying, or registering the health care
2employer may, by administrative rule, prescribe guidelines for
3interpreting this definition with regard to the health care
4employers that it licenses.
5    "Director" means the Director of Public Health.
6    "Disqualifying offenses" means those offenses set forth in
7Section 25 of this Act.
8    "Employee" means any individual hired, employed, or
9retained, whether paid or on a volunteer basis, to which this
10Act applies.
11    "Finding" means the Department's determination of whether
12an allegation is verified and substantiated.
13    "Fingerprint-based criminal history records check" means a
14livescan fingerprint-based criminal history records check
15submitted as a fee applicant inquiry in the form and manner
16prescribed by the Department of State Police.
17    "Health care employer" means:
18        (1) the owner or licensee of any of the following:
19            (i) a community living facility, as defined in the
20        Community Living Facilities Act;
21            (ii) a life care facility, as defined in the Life
22        Care Facilities Act;
23            (iii) a long-term care facility;
24            (iv) a home health agency, home services agency,
25        or home nursing agency as defined in the Home Health,
26        Home Services, and Home Nursing Agency Licensing Act;



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1            (v) a hospice care program or volunteer hospice
2        program, as defined in the Hospice Program Licensing
3        Act;
4            (vi) a hospital, as defined in the Hospital
5        Licensing Act;
6            (vii) (blank);
7            (viii) a nurse agency, as defined in the Nurse
8        Agency Licensing Act;
9            (ix) a respite care provider, as defined in the
10        Respite Program Act;
11            (ix-a) an establishment licensed under the
12        Assisted Living and Shared Housing Act;
13            (x) a supportive living program, as defined in the
14        Illinois Public Aid Code;
15            (xi) early childhood intervention programs as
16        described in 59 Ill. Adm. Code 121;
17            (xii) the University of Illinois Hospital,
18        Chicago;
19            (xiii) programs funded by the Department on Aging
20        through the Community Care Program;
21            (xiv) programs certified to participate in the
22        Supportive Living Program authorized pursuant to
23        Section 5-5.01a of the Illinois Public Aid Code;
24            (xv) programs listed by the Emergency Medical
25        Services (EMS) Systems Act as Freestanding Emergency
26        Centers;



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1            (xvi) locations licensed under the Alternative
2        Health Care Delivery Act;
3        (2) a day training program certified by the Department
4    of Human Services;
5        (3) a community integrated living arrangement operated
6    by a community mental health and developmental service
7    agency, as defined in the Community-Integrated Living
8    Arrangements Licensing and Certification Act; or
9        (4) the State Long Term Care Ombudsman Program,
10    including any regional long term care ombudsman programs
11    under Section 4.04 of the Illinois Act on the Aging, only
12    for the purpose of securing background checks; or .
13        (5) the Department of Corrections or a third-party
14    vendor employing certified nursing assistants working with
15    the Department of Corrections.
16    "Initiate" means obtaining from a student, applicant, or
17employee his or her social security number, demographics, a
18disclosure statement, and an authorization for the Department
19of Public Health or its designee to request a
20fingerprint-based criminal history records check; transmitting
21this information electronically to the Department of Public
22Health; conducting Internet searches on certain web sites,
23including without limitation the Illinois Sex Offender
24Registry, the Department of Corrections' Sex Offender Search
25Engine, the Department of Corrections' Inmate Search Engine,
26the Department of Corrections Wanted Fugitives Search Engine,



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1the National Sex Offender Public Registry, and the List of
2Excluded Individuals and Entities database on the website of
3the Health and Human Services Office of Inspector General to
4determine if the applicant has been adjudicated a sex
5offender, has been a prison inmate, or has committed Medicare
6or Medicaid fraud, or conducting similar searches as defined
7by rule; and having the student, applicant, or employee's
8fingerprints collected and transmitted electronically to the
9Department of State Police.
10    "Livescan vendor" means an entity whose equipment has been
11certified by the Department of State Police to collect an
12individual's demographics and inkless fingerprints and, in a
13manner prescribed by the Department of State Police and the
14Department of Public Health, electronically transmit the
15fingerprints and required data to the Department of State
16Police and a daily file of required data to the Department of
17Public Health. The Department of Public Health shall negotiate
18a contract with one or more vendors that effectively
19demonstrate that the vendor has 2 or more years of experience
20transmitting fingerprints electronically to the Department of
21State Police and that the vendor can successfully transmit the
22required data in a manner prescribed by the Department of
23Public Health. Vendor authorization may be further defined by
24administrative rule.
25    "Long-term care facility" means a facility licensed by the
26State or certified under federal law as a long-term care



SB1771 Enrolled- 6 -LRB102 14683 SPS 20036 b

1facility, including without limitation facilities licensed
2under the Nursing Home Care Act, the Specialized Mental Health
3Rehabilitation Act of 2013, the ID/DD Community Care Act, or
4the MC/DD Act, a supportive living facility, an assisted
5living establishment, or a shared housing establishment or
6registered as a board and care home.
7    "Resident" means a person, individual, or patient under
8the direct care of a health care employer or who has been
9provided goods or services by a health care employer.
10(Source: P.A. 100-432, eff. 8-25-17; 101-176, eff. 7-31-19.)
11    Section 99. Effective date. This Act takes effect upon
12becoming law.