Full Text of HB1728 95th General Assembly
HB1728eng 95TH GENERAL ASSEMBLY
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LRB095 09794 RAS 30004 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Health Care Worker Background Check Act is | 5 |
| amended by changing Sections 15, 20, 25, 40, 45, 50, 55, and 60 | 6 |
| and by adding Section 33 as follows:
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| (225 ILCS 46/15)
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| Sec. 15. Definitions. In
For the purposes of this Act , the | 9 |
| following
definitions apply :
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| "Applicant" means an individual seeking employment with a | 11 |
| health care
employer who has received a bona fide conditional | 12 |
| offer of employment.
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| "Conditional offer of employment" means a bona fide offer | 14 |
| of employment by a
health care employer to an applicant, which | 15 |
| is contingent upon the receipt of a
report from the Department | 16 |
| of Public Health
State Police indicating that the applicant | 17 |
| does
not have a record of conviction of any of the criminal | 18 |
| offenses enumerated in
Section 25.
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| "Direct care" means the provision of nursing care or | 20 |
| assistance with feeding,
dressing, movement, bathing, | 21 |
| toileting, or other personal needs, including home services as | 22 |
| defined in the Home Health, Home Services, and Home Nursing | 23 |
| Agency Licensing Act. The entity
responsible for inspecting and |
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| licensing, certifying, or registering the
health care employer | 2 |
| may, by administrative rule, prescribe guidelines for
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| interpreting this definition with regard to the health care | 4 |
| employers that it
licenses.
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| "Disqualifying offenses" means those offenses set forth in | 6 |
| Section 25 of this Act. | 7 |
| "Employee" means any individual hired, employed, or | 8 |
| retained to which this Act applies. | 9 |
| "Fingerprint-based criminal history records check" means a | 10 |
| livescan fingerprint-based criminal history records check | 11 |
| submitted as a fee applicant inquiry in the form and manner | 12 |
| prescribed by the Department of State Police.
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| "Health care employer" means:
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| (1) the owner or licensee of any of the
following:
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| (i) a community living facility, as defined in the | 16 |
| Community Living
Facilities Act;
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| (ii) a life care facility, as defined in the Life | 18 |
| Care Facilities Act;
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| (iii) a long-term care facility , as defined in the | 20 |
| Nursing Home Care Act ;
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| (iv) a home health agency, home services agency, or | 22 |
| home nursing agency as defined in the Home Health, Home | 23 |
| Services, and Home Nursing Agency Licensing
Act;
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| (v) a comprehensive hospice care program or | 25 |
| volunteer hospice program, as defined in the Hospice | 26 |
| Program Licensing Act;
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| (vi) a hospital, as defined in the Hospital | 2 |
| Licensing Act;
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| (vii) (blank);
a community residential | 4 |
| alternative, as defined in the Community
Residential | 5 |
| Alternatives Licensing Act;
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| (viii) a nurse agency, as defined in the Nurse | 7 |
| Agency Licensing Act;
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| (ix) a respite care provider, as defined in the | 9 |
| Respite Program Act;
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| (ix-a) an establishment licensed under the | 11 |
| Assisted Living and Shared
Housing Act;
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| (x) a supportive living program, as defined in the | 13 |
| Illinois Public Aid
Code;
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| (xi) early childhood intervention programs as | 15 |
| described in 59 Ill. Adm.
Code 121;
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| (xii) the University of Illinois Hospital, | 17 |
| Chicago;
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| (xiii) programs funded by the Department on Aging | 19 |
| through the Community
Care Program;
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| (xiv) programs certified to participate in the | 21 |
| Supportive Living Program
authorized pursuant to | 22 |
| Section 5-5.01a of the Illinois Public Aid Code;
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| (xv) programs listed by the Emergency Medical | 24 |
| Services (EMS) Systems Act
as
Freestanding Emergency | 25 |
| Centers;
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| (xvi) locations licensed under the Alternative |
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| Health Care Delivery
Act;
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| (2) a day training program certified by the Department | 3 |
| of Human Services;
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| (3) a community integrated living arrangement operated | 5 |
| by a community
mental health and developmental service | 6 |
| agency, as defined in the
Community-Integrated Living | 7 |
| Arrangements Licensing and Certification Act; or
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| (4) the State Long Term Care Ombudsman Program, | 9 |
| including any regional long term care ombudsman programs | 10 |
| under Section 4.04 of the Illinois Act on the Aging, only | 11 |
| for the purpose of securing background checks.
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| "Initiate" means the obtaining of the authorization for a | 13 |
| record check from
a student, applicant, or employee his or her | 14 |
| social security number, demographics, a disclosure statement, | 15 |
| and an authorization for the Department of Public Health or its | 16 |
| designee to request a fingerprint-based criminal history | 17 |
| records check; transmitting this information electronically to | 18 |
| the Department of Public Health; conducting Internet searches | 19 |
| on certain web sites, including without limitation the Illinois | 20 |
| Sex Offender Registry, the Department of Corrections' Sex | 21 |
| Offender Search Engine, the Department of Corrections' Inmate | 22 |
| Search Engine, the Department of Corrections Wanted Fugitives | 23 |
| Search Engine, the National Sex Offender Public Registry, and | 24 |
| the website of the Health and Human Services Office of | 25 |
| Inspector General to determine if the applicant has been | 26 |
| adjudicated a sex offender, has been a prison inmate, or has |
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| committed Medicare or Medicaid fraud, or conducting similar | 2 |
| searches as defined by rule; and having the student, applicant, | 3 |
| or employee's fingerprints collected and transmitted | 4 |
| electronically to the Department of State Police . The | 5 |
| educational entity or health care
employer or its designee | 6 |
| shall transmit all necessary information and fees
to the | 7 |
| Illinois State Police within 10 working days after receipt of | 8 |
| the
authorization.
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| "Livescan vendor" means an entity whose equipment has been | 10 |
| certified by the Department of State Police to collect an | 11 |
| individual's demographics and inkless fingerprints and, in a | 12 |
| manner prescribed by the Department of State Police and the | 13 |
| Department of Public Health, electronically transmit the | 14 |
| fingerprints and required data to the Department of State | 15 |
| Police and a daily file of required data to the Department of | 16 |
| Public Health. The Department of Public Health shall negotiate | 17 |
| a contract with one or more vendors that effectively | 18 |
| demonstrate that the vendor has 2 or more years of experience | 19 |
| transmitting fingerprints electronically to the Department of | 20 |
| State Police and that the vendor can successfully transmit the | 21 |
| required data in a manner prescribed by the Department of | 22 |
| Public Health. Vendor authorization may be further defined by | 23 |
| administrative rule.
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| "Long-term care facility" means a facility licensed by the | 25 |
| State or certified under federal law as a long-term care | 26 |
| facility, including without limitation facilities licensed |
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| under the Nursing Home Care Act, a supportive living facility, | 2 |
| an assisted living establishment, or a shared housing | 3 |
| establishment or registered as a board and care home.
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| (Source: P.A. 93-878, eff. 1-1-05; 94-379, eff. 1-1-06; 94-570, | 5 |
| eff. 8-12-05; 94-665, eff. 1-1-06; revised 8-29-05.)
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| (225 ILCS 46/20)
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| Sec. 20. Exceptions. (1) This Act shall not apply to:
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| (1)
(a) an individual who is licensed by the Department | 9 |
| of Financial and Professional
Regulation or the Department | 10 |
| of Public Health under another law of this State;
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| (2)
(b) an individual employed or retained by a health | 12 |
| care employer for whom
a
criminal background check is | 13 |
| required by another law of this State; or
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| (3)
(c) a student in a licensed health care field | 15 |
| including, but not limited
to, a student nurse, a physical | 16 |
| therapy student, or a respiratory care student
unless he or | 17 |
| she is (i) employed by a health care employer
in a position | 18 |
| with duties involving direct care for clients, patients, or
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| residents or (ii) employed by a long-term care facility in | 20 |
| a position that involves or may involve contact with | 21 |
| residents or access to the living quarters or the | 22 |
| financial, medical, or personal records of residents .
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| (2) A UCIA criminal history records check need not be | 24 |
| redone by the
University of Illinois Hospital, Chicago (U of I) | 25 |
| or a program funded by the
Department on Aging through the |
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| Community Care Program (CCP) if the U of I or
the CCP: (i) has | 2 |
| done a UCIA check on the individual; (ii) has continuously
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| employed the individual since the UCIA criminal records check | 4 |
| was done; and
(iii) has taken actions with respect to this Act | 5 |
| within 12 months after the
effective date of this amendatory | 6 |
| Act of the 91st General Assembly.
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| (Source: P.A. 91-598, eff. 1-1-00.)
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| (225 ILCS 46/25)
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| Sec. 25. Persons ineligible to be hired by health care | 10 |
| employers and long-term care facilities.
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| (a) In the discretion of the Director of Public Health, as | 12 |
| soon after
After January 1, 1996, January 1, 1997, January 1, | 13 |
| 2006, or October 1, 2007
or the effective date of this | 14 |
| amendatory Act of the 94th General Assembly , as applicable, and | 15 |
| as is reasonably practical, no
health care employer shall | 16 |
| knowingly hire, employ, or retain any
individual in a position | 17 |
| with duties involving direct care for clients,
patients, or | 18 |
| residents, and no long-term care facility shall knowingly hire, | 19 |
| employ, or retain any individual in a position with duties that | 20 |
| involve or may involve
contact with residents or access to the | 21 |
| living quarters or the financial, medical, or personal records | 22 |
| of residents, who has been convicted of committing or | 23 |
| attempting to
commit one or more of the offenses defined in | 24 |
| Sections 8-1.1, 8-1.2, 9-1,
9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, | 25 |
| 9-3.2, 9-3.3, 10-1, 10-2, 10-3, 10-3.1, 10-4,
10-5, 10-7, 11-6, |
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| 11-9.1, 11-9.5, 11-19.2, 11-20.1, 12-1, 12-2, 12-3, 12-3.1,
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| 12-3.2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.4, 12-4.5, 12-4.6, | 3 |
| 12-4.7, 12-7.4,
12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, | 4 |
| 12-19, 12-21, 12-21.6, 12-32,
12-33, 16-1, 16-1.3,
16A-3, 17-3, | 5 |
| 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 20-1, 20-1.1,
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| 24-1, 24-1.2, 24-1.5, or 33A-2 of the Criminal Code of 1961; | 7 |
| those provided in
Section 4 of the Wrongs to Children Act; | 8 |
| those provided in Section 53 of the
Criminal Jurisprudence Act; | 9 |
| those defined in Section 5, 5.1, 5.2, 7, or 9 of
the Cannabis | 10 |
| Control Act; those defined in the Methamphetamine Control and | 11 |
| Community Protection Act; or those defined in Sections 401, | 12 |
| 401.1, 404, 405,
405.1, 407, or 407.1 of the Illinois | 13 |
| Controlled Substances Act, unless the
applicant or employee | 14 |
| obtains a waiver pursuant to Section 40.
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| (a-1) In the discretion of the Director of Public Health, | 16 |
| as soon after
After January 1, 2004 or October 1, 2007, as | 17 |
| applicable, and as is reasonably practical , no health care | 18 |
| employer shall knowingly hire
any individual in a position with | 19 |
| duties involving direct care for clients,
patients, or | 20 |
| residents, and no long-term care facility shall knowingly hire | 21 |
| any individual in a position with duties that involve or may | 22 |
| involve
contact with residents or access to the living quarters | 23 |
| or the financial, medical, or personal records of residents, | 24 |
| who has (i) been convicted of committing or attempting
to | 25 |
| commit one or more of the offenses defined in Section 12-3.3, | 26 |
| 12-4.2-5,
16-2, 16G-15, 16G-20, 18-5, 20-1.2, 24-1.1, |
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| 24-1.2-5, 24-1.6, 24-3.2, or 24-3.3
of the Criminal Code of | 2 |
| 1961; Section 4, 5, 6, 8, or 17.02 of the Illinois
Credit Card | 3 |
| and Debit Card Act; or Section 5.1 of the Wrongs to Children | 4 |
| Act;
or (ii) violated Section 10-5 of the Nursing and Advanced | 5 |
| Practice Nursing Act , unless the applicant or employee obtains | 6 |
| a waiver pursuant to Section 40 of this Act .
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| A UCIA criminal history record check need not be redone for | 8 |
| health care
employees who have been continuously employed by a | 9 |
| health care employer since
January 1, 2004, but nothing in this | 10 |
| Section prohibits a health care employer
from initiating a | 11 |
| criminal history check for these employees.
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| A health care employer is not required to retain an | 13 |
| individual in a position
with duties involving direct care for | 14 |
| clients, patients, or residents, and no long-term care facility | 15 |
| is required to retain an individual in a position 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, who has
been convicted of committing or | 19 |
| attempting to commit one or more of
the offenses enumerated in | 20 |
| this subsection.
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| (b) A health care employer shall not hire, employ, or | 22 |
| retain any
individual in a position with duties involving | 23 |
| direct care of clients,
patients, or residents, and no | 24 |
| long-term care facility shall knowingly hire, employ, or retain | 25 |
| any individual in a position with duties that involve or may | 26 |
| involve
contact with residents or access to the living quarters |
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| or the financial, medical, or personal records of residents, if | 2 |
| the health care employer becomes aware that the
individual has | 3 |
| been convicted in another state of committing or attempting to
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| commit an offense that has the same or similar elements as an | 5 |
| offense listed in
subsection (a) or (a-1), as verified by court | 6 |
| records, records from a state
agency, or an FBI criminal | 7 |
| history record check , unless the applicant or employee obtains | 8 |
| a waiver pursuant to Section 40 of this Act . This shall not be | 9 |
| construed to
mean that a health care employer has an obligation | 10 |
| to conduct a criminal
history records check in other states in | 11 |
| which an employee has resided.
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| (Source: P.A. 93-224, eff. 7-18-03; 94-556, eff. 9-11-05; | 13 |
| 94-665, eff. 1-1-06; 94-1053, eff. 7-24-06.)
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| (225 ILCS 46/33 new) | 15 |
| Sec. 33. Fingerprint-based criminal history records check. | 16 |
| (a) A fingerprint-based criminal history records check is | 17 |
| not required for health care employees who have been | 18 |
| continuously employed by a health care employer since October | 19 |
| 1, 2007, have met the requirements for criminal history | 20 |
| background checks prior to October 1, 2007, and have no | 21 |
| disqualifying convictions or requested and received a waiver of | 22 |
| those disqualifying convictions. These employees shall be | 23 |
| retained on the Health Care Worker Registry as long as they | 24 |
| remain active. Nothing in this subsection (a) shall be | 25 |
| construed to prohibit a health care employer from initiating a |
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| criminal history records check for these employees. Should | 2 |
| these employees seek a new position with a different health | 3 |
| care employer, then a fingerprint-based criminal history | 4 |
| records check shall be required.
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| (b) On October 1, 2007 or as soon thereafter as is | 6 |
| reasonably practical, in the discretion of the Director of | 7 |
| Public Health, and thereafter, any student,
applicant, or | 8 |
| employee who desires to be included on the Department of Public | 9 |
| Health's Health Care Worker Registry must authorize the | 10 |
| Department of Public Health or its designee to request a | 11 |
| fingerprint-based criminal history records check to determine | 12 |
| if the individual has a conviction for a disqualifying offense. | 13 |
| This authorization shall allow the Department of Public Health | 14 |
| to request and receive information and assistance from any | 15 |
| State or local governmental agency. Each individual shall | 16 |
| submit his or her fingerprints to the Department of State | 17 |
| Police in an electronic format that complies with the form and | 18 |
| manner for requesting and furnishing criminal history record | 19 |
| information prescribed by the Department of State Police. The | 20 |
| fingerprints submitted under this Section shall be checked | 21 |
| against the fingerprint records now and hereafter filed in the | 22 |
| Department of State Police criminal history record databases. | 23 |
| The Department of State Police shall charge a fee for | 24 |
| conducting the criminal history records check, which shall not | 25 |
| exceed the actual cost of the records check. The livescan | 26 |
| vendor may act as the designee for individuals, educational |
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| entities, or health care employers in the collection of | 2 |
| Department of State Police fees and deposit those fees into the | 3 |
| State Police Services Fund. The Department of State Police | 4 |
| shall provide information concerning any criminal convictions, | 5 |
| now or hereafter filed, against the individual. | 6 |
| (c) On October 1, 2007 or as soon thereafter as is | 7 |
| reasonably practical, in the discretion of the Director of | 8 |
| Public Health, and thereafter, an educational
entity, other | 9 |
| than a secondary school, conducting a nurse aide training | 10 |
| program must initiate a fingerprint-based criminal history | 11 |
| records check requested by the Department of Public Health | 12 |
| prior to entry of an individual into the training program. | 13 |
| (d) On October 1, 2007 or as soon thereafter as is | 14 |
| reasonably practical, in the discretion of the Director of | 15 |
| Public Health, and thereafter, a health care
employer who makes | 16 |
| a conditional offer of employment to an applicant for a | 17 |
| position as an employee must initiate a fingerprint-based | 18 |
| criminal history record check, requested by the Department of | 19 |
| Public Health, on the applicant, if such a background check has | 20 |
| not been previously conducted. | 21 |
| (e) When initiating a background check requested by the
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| Department of Public Health, an educational entity or health | 23 |
| care employer shall electronically submit to the Department of | 24 |
| Public Health the student's, applicant's, or employee's social | 25 |
| security number, demographics, disclosure, and authorization | 26 |
| information in a format prescribed by the Department of Public |
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| Health within 2 working days after the authorization is | 2 |
| secured. The student, applicant, or employee must have his or | 3 |
| her fingerprints collected electronically and transmitted to | 4 |
| the Department of State Police within 10 working days. The | 5 |
| educational entity or health care employer must transmit all | 6 |
| necessary information and fees to the livescan vendor and | 7 |
| Department of State Police within 10 working days after receipt | 8 |
| of the authorization. This information and the results of the | 9 |
| criminal history record checks shall be maintained by the | 10 |
| Department of Public Health's Health Care Worker Registry. | 11 |
| (f) A direct care employer may initiate a fingerprint-based | 12 |
| background check requested by the Department of Public Health | 13 |
| for any of its employees, but may not use this process to | 14 |
| initiate background checks for residents. The results of any | 15 |
| fingerprint-based background check that is initiated with the | 16 |
| Department as the requestor shall be entered in the Health Care | 17 |
| Worker Registry. | 18 |
| (g) As long as the employee has had a fingerprint-based | 19 |
| criminal history record check requested by the Department of | 20 |
| Public Health and stays active on the Health Care Worker | 21 |
| Registry, no further criminal history record checks shall be | 22 |
| deemed necessary, as the Department of State Police shall | 23 |
| notify the Department of Public Health of any additional | 24 |
| convictions associated with the fingerprints previously | 25 |
| submitted. Health care employers are required to check the | 26 |
| Health Care Worker Registry before hiring an employee to |
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| determine that the individual has had a fingerprint-based | 2 |
| record check requested by the Department of Public Health and | 3 |
| has no disqualifying convictions or has been granted a waiver | 4 |
| pursuant to Section 40 of this Act. If the individual has not | 5 |
| had such a background check or is not active on the Health Care | 6 |
| Worker Registry, then the health care employer must initiate a | 7 |
| fingerprint-based record check requested by the Department of | 8 |
| Public Health. If an individual is inactive on the Health Care | 9 |
| Worker Registry, that individual is prohibited from being hired | 10 |
| to work as a certified nurse aide if, since the individual's | 11 |
| most recent completion of a competency test, there has been a | 12 |
| period of 24 consecutive months during which the individual has | 13 |
| not provided nursing or nursing-related services for pay. If | 14 |
| the individual can provide proof of having retained his or her | 15 |
| certification by not having a 24 consecutive month break in | 16 |
| service for pay, he or she may be hired as a certified nurse | 17 |
| aide and that employment information shall be entered into the | 18 |
| Health Care Worker Registry. | 19 |
| (h) On October 1, 2007 or as soon thereafter as is | 20 |
| reasonably practical, in the discretion of the Director of | 21 |
| Public Health, and thereafter, if the Department of State | 22 |
| Police notifies the Department of Public Health that an | 23 |
| employee has a new conviction of a disqualifying offense, based | 24 |
| upon the fingerprints that were previously submitted, then (i) | 25 |
| the Health Care Worker Registry shall notify the employee's | 26 |
| last known employer of the offense, (ii) a record of the |
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| employee's disqualifying offense shall be entered on the Health | 2 |
| Care Worker Registry, and (iii) the individual shall no longer | 3 |
| be eligible to work as an employee unless he or she obtains a | 4 |
| waiver pursuant to Section 40 of this Act. | 5 |
| (i) On October 1, 2007, or as soon thereafter, in the | 6 |
| discretion of the Director of Public Health, as is reasonably | 7 |
| practical, and thereafter, each direct care employer or its | 8 |
| designee must provide an employment verification for each | 9 |
| employee no less than annually. The direct care employer or its | 10 |
| designee must log into the Health Care Worker Registry through | 11 |
| a secure login. The health care employer or its designee must | 12 |
| indicate employment and termination dates within 30 days after | 13 |
| hiring or terminating an employee, as well as the employment | 14 |
| category and type. Failure to comply with this subsection (i) | 15 |
| constitutes a licensing violation. For health care employers | 16 |
| that are not licensed or certified, a fine of up to $500 may be | 17 |
| imposed for failure to maintain these records. This information | 18 |
| shall be used by the Department of Public Health to notify the | 19 |
| last known employer of any disqualifying offenses that are | 20 |
| reported by the Department of State Police.
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| (j) The Department of Public Health shall notify each
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| health care employer or long-term care facility inquiring as to | 23 |
| the information on the Health Care Worker Registry if the | 24 |
| applicant or employee listed on the registry has a | 25 |
| disqualifying offense and is therefore ineligible to work or | 26 |
| has a waiver pursuant to Section 40 of this Act. |
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| (k) The student, applicant, or employee must be notified
of | 2 |
| each of the following whenever a fingerprint-based criminal | 3 |
| history records check is required: | 4 |
| (1) That the educational entity, health care
employer, | 5 |
| or long-term care facility shall initiate a | 6 |
| fingerprint-based criminal history record check requested | 7 |
| by the Department of Public Health of the student, | 8 |
| applicant, or employee pursuant to this Act. | 9 |
| (2) That the student, applicant, or employee has a
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| right to obtain a copy of the criminal records report that | 11 |
| indicates a conviction for a disqualifying offense and | 12 |
| challenge the accuracy and completeness of the report | 13 |
| through an established Department of State Police | 14 |
| procedure of Access and Review. | 15 |
| (3) That the applicant, if hired conditionally, may
be | 16 |
| terminated if the criminal records report indicates that | 17 |
| the applicant has a record of a conviction of any of the | 18 |
| criminal offenses enumerated in Section 25, unless the | 19 |
| applicant obtains a waiver pursuant to Section 40 of this | 20 |
| Act. | 21 |
| (4) 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 a conviction of any of | 24 |
| the criminal offenses enumerated in Section 25, unless the | 25 |
| applicant obtains a waiver pursuant to Section 40 of this | 26 |
| Act. |
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LRB095 09794 RAS 30004 b |
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| 1 |
| (5) That the employee shall be terminated if the
| 2 |
| criminal records report indicates that the employee has a | 3 |
| record of a conviction of any of the criminal offenses | 4 |
| enumerated in Section 25. | 5 |
| (6) If, after the employee has originally been | 6 |
| determined not to have disqualifying offenses, the | 7 |
| employer is notified that the employee has a new | 8 |
| conviction(s) of any of the criminal offenses enumerated in | 9 |
| Section 25, then the employee shall be terminated. | 10 |
| (l) A health care employer or long-term care facility may
| 11 |
| conditionally employ an applicant for up to 3 months pending | 12 |
| the results of a fingerprint-based criminal history record | 13 |
| check requested by the Department of Public Health. | 14 |
| (m) The Department of Public Health or an entity
| 15 |
| responsible for inspecting, licensing, certifying, or | 16 |
| registering the health care employer or long-term care facility | 17 |
| shall be immune from liability for notices given based on the | 18 |
| results of a fingerprint-based criminal history record check.
| 19 |
| (225 ILCS 46/40)
| 20 |
| Sec. 40. Waiver.
| 21 |
| (a) Any student, applicant, or employee listed on the | 22 |
| Health Care Worker Registry
An applicant, employee, or nurse | 23 |
| aide may request a waiver of the
prohibition against
employment | 24 |
| by submitting the following information to the entity | 25 |
| responsible
for inspecting, licensing, certifying, or |
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HB1728 Engrossed |
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LRB095 09794 RAS 30004 b |
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| registering the health care employer
within 5 working days | 2 |
| after the receipt of the criminal records
report :
| 3 |
| (1) completing a waiver application on a form | 4 |
| prescribed by the Department of Public Health;
Information | 5 |
| necessary to initiate a fingerprint-based UCIA
criminal | 6 |
| records check in a form and manner prescribed by the
| 7 |
| Department of State Police; and
| 8 |
| (2) providing a written explanation of each conviction | 9 |
| to include (i) what happened, (ii) how many years have | 10 |
| passed since the offense, (iii) the individuals involved, | 11 |
| (iv) the age of the applicant at the time of the offense, | 12 |
| and (v) any other circumstances surrounding the offense; | 13 |
| and | 14 |
| (3) providing official documentation showing that all | 15 |
| fines have been paid, if applicable, and the date probation | 16 |
| or parole was satisfactorily completed, if applicable.
The | 17 |
| fee for a fingerprint-based UCIA criminal records
check, | 18 |
| which shall not exceed the actual cost of the record check.
| 19 |
| (a-5) The entity responsible for inspecting, licensing, | 20 |
| certifying, or
registering the health care employer may accept | 21 |
| the results of the
fingerprint-based UCIA criminal records | 22 |
| check instead of the items required by
paragraphs (1) and (2) | 23 |
| of subsection (a).
| 24 |
| (b) The applicant may, but is not required to, submit | 25 |
| employment and character references and any other evidence | 26 |
| demonstrating the ability of the applicant or employee
to |
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HB1728 Engrossed |
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LRB095 09794 RAS 30004 b |
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| perform the employment responsibilities competently and | 2 |
| evidence that the
applicant or employee does not pose a threat | 3 |
| to the health or safety of
residents, patients, or clients.
The | 4 |
| entity responsible for inspecting, licensing, certifying, or
| 5 |
| registering the health care employer may grant a waiver based | 6 |
| upon any
mitigating circumstances, which may include, but need | 7 |
| not be limited to:
| 8 |
| (1) The age of the individual at which the crime was | 9 |
| committed;
| 10 |
| (2) The circumstances surrounding the crime;
| 11 |
| (3) The length of time since the conviction;
| 12 |
| (4) The applicant or employee's criminal history since | 13 |
| the conviction;
| 14 |
| (5) The applicant or employee's work history;
| 15 |
| (6) The applicant or employee's current employment | 16 |
| references;
| 17 |
| (7) The applicant or employee's character references;
| 18 |
| (8) Nurse aide registry records; and
| 19 |
| (9) Other evidence demonstrating the ability of the | 20 |
| applicant or employee
to perform the employment | 21 |
| responsibilities competently and evidence that the
| 22 |
| applicant or employee does not pose a threat to the health | 23 |
| or safety of
residents, patients, or clients.
| 24 |
| (c) The Department of Public Health
entity responsible for | 25 |
| inspecting, licensing, certifying, or
registering a health | 26 |
| care employer must inform the health care employer
must inform |
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HB1728 Engrossed |
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LRB095 09794 RAS 30004 b |
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| health care employers if a waiver is being sought by entering a | 2 |
| record on the Health Care Worker Registry that a waiver is | 3 |
| pending and must act upon the waiver request within 30 days
of
| 4 |
| receipt of all necessary information, as defined by rule. | 5 |
| Except in cases where a rehabilitation waiver is granted, a | 6 |
| letter shall be sent to the applicant notifying the applicant | 7 |
| that he or she has received an automatic waiver.
| 8 |
| (d) An individual shall not be employed from the
time that | 9 |
| the employer receives a notification from the Department of | 10 |
| Public Health based upon the results of a fingerprint-based | 11 |
| criminal history records
non-fingerprint check
containing | 12 |
| disqualifying conditions until the time that the individual | 13 |
| receives
a waiver from the Department. If the individual | 14 |
| challenges the
results of the
non-fingerprint check, the | 15 |
| employer may continue to employ the individual if the | 16 |
| individual presents convincing evidence to the
employer that | 17 |
| the non-fingerprint check is invalid. If the individual
| 18 |
| challenges the results of the non-fingerprint check, his or her | 19 |
| identity shall
be validated by a fingerprint-based records | 20 |
| check in accordance with Section
35 .
| 21 |
| (e) The entity responsible for inspecting, licensing,
| 22 |
| certifying, or
registering the health care employer and the | 23 |
| Department of Public Health shall be immune from liability for | 24 |
| any
waivers granted under this Section.
| 25 |
| (f) A health care employer is not obligated to employ or | 26 |
| offer
permanent
employment to an applicant, or to retain an |
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LRB095 09794 RAS 30004 b |
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| employee who is granted a waiver
under this Section.
| 2 |
| (Source: P.A. 94-665, eff. 1-1-06.)
| 3 |
| (225 ILCS 46/45)
| 4 |
| Sec. 45. Application fees. Except as otherwise provided in | 5 |
| this Act, the
student, applicant , or
employee, other than a | 6 |
| nurse aide, may be required to pay all related
application and | 7 |
| fingerprinting fees
including, but not limited to, the amounts | 8 |
| established by the UCIA to conduct
UCIA criminal history record | 9 |
| checks and the
amounts
established by the Department of State | 10 |
| Police
to process fingerprint-based UCIA criminal history
| 11 |
| records checks. If a
health care employer certified to | 12 |
| participate in the Medicaid program pays the
fees, the fees | 13 |
| shall be
a direct pass-through on the cost report submitted by | 14 |
| the employer to the
Medicaid agency.
| 15 |
| (Source: P.A. 89-197, eff. 7-21-95.)
| 16 |
| (225 ILCS 46/50)
| 17 |
| Sec. 50. Health care employer files. The health care | 18 |
| employer shall
retain on file for a period of
5 years records | 19 |
| of criminal records requests for all employees. The health
care | 20 |
| employer shall retain a copy of the disclosure and | 21 |
| authorization forms, a copy of the livescan request form, all | 22 |
| notifications resulting from the results of the UCIA
| 23 |
| fingerprint-based criminal history records check and waiver, | 24 |
| if appropriate, for the duration of
the individual's |
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HB1728 Engrossed |
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LRB095 09794 RAS 30004 b |
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| employment. The files shall be
subject to inspection by the | 2 |
| agency
responsible for inspecting, licensing, or certifying | 3 |
| the health care employer.
A fine of up to $500 may be imposed | 4 |
| by the appropriate agency for failure to
maintain these | 5 |
| records. The Department of Public Health must keep an | 6 |
| electronic record of criminal history background checks for an | 7 |
| individual for as long as the individual remains active on the | 8 |
| Health Care Worker Registry.
| 9 |
| (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)
| 10 |
| (225 ILCS 46/55)
| 11 |
| Sec. 55. Immunity from liability. A health care employer | 12 |
| shall not be
liable for the failure to hire or to retain an | 13 |
| applicant or employee
who has
been convicted of committing or | 14 |
| attempting to commit one or more of the
offenses enumerated in | 15 |
| subsection (a) of Section 25 of this
Act.
However, if an | 16 |
| employee
a health care worker is suspended from employment | 17 |
| based on the
results of a criminal background check conducted | 18 |
| under this Act and the results
prompting the suspension are | 19 |
| subsequently found to be inaccurate, the employee
health
care | 20 |
| worker is entitled to recover backpay from his or her health | 21 |
| care employer
for the suspension period provided that the | 22 |
| employer is the cause of the
inaccuracy. The Department of | 23 |
| Public Health is not liable for any hiring decisions, | 24 |
| suspensions, or terminations.
| 25 |
| No health care employer shall be chargeable for any benefit |
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HB1728 Engrossed |
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LRB095 09794 RAS 30004 b |
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| charges that
result from the payment of unemployment benefits | 2 |
| to any claimant when the
claimant's separation from that | 3 |
| employer occurred because the claimant's
criminal background | 4 |
| included an offense enumerated in subsection (a) of
Section 25, | 5 |
| or the
claimant's separation from that health care
employer
| 6 |
| occurred as a result of the claimant violating a policy that | 7 |
| the employer was
required to maintain pursuant to the Drug Free | 8 |
| Workplace Act.
| 9 |
| (Source: P.A. 90-441, eff.
1-1-98; 91-598, eff. 1-1-00.)
| 10 |
| (225 ILCS 46/60)
| 11 |
| Sec. 60. Offense.
| 12 |
| (a) Any person whose profession is job counseling who
| 13 |
| knowingly counsels any person who has been convicted of | 14 |
| committing or
attempting to commit any of the offenses | 15 |
| enumerated in subsection (a) of
Section 25 to apply for
a | 16 |
| position with duties involving direct
contact with a client, | 17 |
| patient, or
resident of a health care employer or a position | 18 |
| with duties that involve or may involve contact with residents | 19 |
| or access to the living quarters or the financial, medical, or | 20 |
| personal records of residents of a long-term care facility
| 21 |
| shall be guilty of a Class A misdemeanor
unless a waiver is | 22 |
| granted pursuant to Section 40 of this Act.
| 23 |
| (b) Subsection (a) does not apply to an individual | 24 |
| performing official
duties in connection with the | 25 |
| administration of the State employment service
described in |
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HB1728 Engrossed |
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LRB095 09794 RAS 30004 b |
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| 1 |
| Section 1705 of the Unemployment Insurance Act.
| 2 |
| (Source: P.A. 91-598, eff. 1-1-00.)
| 3 |
| (225 ILCS 46/25.1 rep.)
| 4 |
| (225 ILCS 46/30 rep.)
| 5 |
| (225 ILCS 46/35 rep.)
| 6 |
| Section 10. The Health Care Worker Background Check Act is | 7 |
| amended by repealing Sections 25.1, 30, and 35.
| 8 |
| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
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