Illinois General Assembly - Full Text of HB4499
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Full Text of HB4499  94th General Assembly

HB4499 94TH GENERAL ASSEMBLY


 


 
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4499

 

Introduced 1/11/2006, by Rep. Elizabeth Coulson

 

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.


LRB094 18346 RAS 53657 b

 

 

A BILL FOR

 

HB4499 LRB094 18346 RAS 53657 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
24 conviction of any of the criminal offenses enumerated in
25 Section 25 unless the nurse aide's identity is validated and it
26 is determined that the nurse aide does not have a disqualifying
27 criminal history record based upon a fingerprint-based records
28 check pursuant to Section 35 or the nurse aide receives a
29 waiver pursuant to Section 40.
30     (b) The Department of Public Health shall notify each
31 health care employer inquiring as to the information on the
32 State nurse aide registry of the date of the nurse aide's last

 

 

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1 UCIA criminal history record check. If it has been more than
2 one year since the records check, the health care employer must
3 initiate or have initiated on his or her behalf a UCIA criminal
4 history record check for the nurse aide pursuant to this
5 Section. The health care employer must send a copy of the
6 results of the record check to the State nurse aide registry
7 for an individual employed as a nurse aide.
8     (c) Beginning January 1, 1996, a health care employer who
9 makes a conditional offer of employment to an applicant other
10 than a nurse aide for position with duties that involve direct
11 care for clients, patients, or residents must initiate or have
12 initiated on his or her behalf a UCIA criminal history record
13 check for that applicant.
14     (d) No later than January 1, 1997, a health care employer
15 must initiate or have initiated on his or her behalf a UCIA
16 criminal history record check for all employees other than
17 those enumerated in subsections (a), (b), and (c) of this
18 Section with duties that involve direct care for clients,
19 patients, or residents. A health care employer having actual
20 knowledge from a source other than a non-fingerprint check that
21 an employee has been convicted of committing or attempting to
22 commit one of the offenses enumerated in Section 25 of this Act
23 must initiate a fingerprint-based background check within 10
24 working days of acquiring that knowledge. The employer may
25 continue to employ that individual in a direct care position,
26 may reassign that individual to a non-direct care position, or
27 may suspend the individual until the results of the
28 fingerprint-based background check are received.
29     (d-5) Beginning January 1, 2006, each long-term care
30 facility operating in the State must initiate, or have
31 initiated on its behalf, a criminal history record check for
32 all employees hired on or after January 1, 2006 with duties
33 that involve or may involve contact with residents or access to
34 the living quarters or the financial, medical, or personal
35 records of residents.
36     (e) The request for a UCIA criminal history record check

 

 

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1 must be in the form prescribed by the Department of State
2 Police.
3     (f) The applicant or employee must be notified of the
4 following whenever a non-fingerprint check is made:
5         (i) that the health care employer shall request or have
6     requested on his or her behalf a UCIA criminal history
7     record check pursuant to this Act;
8         (ii) that the applicant or employee has a right to
9     obtain a copy of the criminal records report from the
10     health care employer, challenge the accuracy and
11     completeness of the report, and request a waiver under
12     Section 40 of this Act;
13         (iii) that the applicant, if hired conditionally, may
14     be terminated if the criminal records report indicates that
15     the applicant has a record of conviction of any of the
16     criminal offenses enumerated in Section 25 unless the
17     applicant's identity is validated and it is determined that
18     the applicant does not have a disqualifying criminal
19     history record based on a fingerprint-based records check
20     pursuant to Section 35.
21         (iv) that the applicant, if not hired conditionally,
22     shall not be hired if the criminal records report indicates
23     that the applicant has a record of conviction of any of the
24     criminal offenses enumerated in Section 25 unless the
25     applicant's record is cleared based on a fingerprint-based
26     records check pursuant to Section 35.
27         (v) that the employee may be terminated if the criminal
28     records report indicates that the employee has a record of
29     conviction of any of the criminal offenses enumerated in
30     Section 25 unless the employee's record is cleared based on
31     a fingerprint-based records check pursuant to Section 35.
32     (g) A health care employer may conditionally employ an
33 applicant for up to 3 months pending the results of a UCIA
34 criminal history record check.
35 (Source: P.A. 94-665, eff. 1-1-06.)