Full Text of HB1535 97th General Assembly
HB1535ham002 97TH GENERAL ASSEMBLY | Rep. Keith Farnham Filed: 3/22/2012
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| 1 | | AMENDMENT TO HOUSE BILL 1535
| 2 | | AMENDMENT NO. ______. Amend House Bill 1535 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Nursing Home Care Act is amended by | 5 | | changing Section 3-206 and by adding Section 2-207.1 as | 6 | | follows: | 7 | | (210 ILCS 45/2-207.1 new) | 8 | | Sec. 2-207.1. Employee information. Upon the request of a | 9 | | resident representative, a facility shall provide the names and | 10 | | job titles of all employees that had access to a resident, the | 11 | | resident's room, and the resident's financial records in the 30 | 12 | | days preceding an alleged incident that resulted in the filing | 13 | | of a complaint with the Department of Public Health. The | 14 | | facility shall prepare the list and provide it electronically | 15 | | to the requesting resident representative within 30 days after | 16 | | the filing of the complaint.
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| 1 | | (210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206)
| 2 | | Sec. 3-206.
The Department shall prescribe a curriculum for | 3 | | training
nursing assistants, habilitation aides, and child | 4 | | care aides.
| 5 | | (a) No person, except a volunteer who receives no | 6 | | compensation from a
facility and is not included for the | 7 | | purpose of meeting any staffing
requirements set forth by the | 8 | | Department, shall act as a nursing assistant,
habilitation | 9 | | aide, or child care aide in a facility, nor shall any person, | 10 | | under any
other title, not licensed, certified, or registered | 11 | | to render medical care
by the Department of Professional | 12 | | Regulation, assist with the
personal, medical, or nursing care | 13 | | of residents in a facility, unless such
person meets the | 14 | | following requirements:
| 15 | | (1) Be at least 16 years of age, of temperate habits | 16 | | and good moral
character, honest, reliable and | 17 | | trustworthy.
| 18 | | (2) Be able to speak and understand the English | 19 | | language or a language
understood by a substantial | 20 | | percentage of the facility's residents.
| 21 | | (3) Provide evidence of employment or occupation, if | 22 | | any, and residence
for 2 years prior to his present | 23 | | employment.
| 24 | | (4) Have completed at least 8 years of grade school or | 25 | | provide proof of
equivalent knowledge.
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| 1 | | (5) Begin a current course of training for nursing | 2 | | assistants,
habilitation aides, or child care aides, | 3 | | approved by the Department, within 45 days of initial
| 4 | | employment in the capacity of a nursing assistant, | 5 | | habilitation aide, or
child care aide
at any facility. Such | 6 | | courses of training shall be successfully completed
within | 7 | | 120 days of initial employment in the capacity of nursing | 8 | | assistant,
habilitation aide, or child care aide at a | 9 | | facility. Nursing assistants, habilitation
aides, and | 10 | | child care aides who are enrolled in approved courses in | 11 | | community
colleges or other educational institutions on a | 12 | | term, semester or trimester
basis, shall be exempt from the | 13 | | 120 day completion time limit. The
Department shall adopt | 14 | | rules for such courses of training.
These rules shall | 15 | | include procedures for facilities to
carry on an approved | 16 | | course of training within the facility .
| 17 | | The Department may accept comparable training in lieu | 18 | | of the 120 hour
course for student nurses, foreign nurses, | 19 | | military personnel, or employees employes of
the | 20 | | Department of Human Services.
| 21 | | The facility shall develop and implement procedures, | 22 | | which shall be
approved by the Department, for an ongoing | 23 | | review process, which shall take
place within the facility, | 24 | | for nursing assistants, habilitation aides, and
child care | 25 | | aides.
| 26 | | At the time of each regularly scheduled licensure |
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| 1 | | survey, or at the time
of a complaint investigation, the | 2 | | Department may require any nursing
assistant, habilitation | 3 | | aide, or child care aide to demonstrate, either through | 4 | | written
examination or action, or both, sufficient | 5 | | knowledge in all areas of
required training. If such | 6 | | knowledge is inadequate the Department shall
require the | 7 | | nursing assistant, habilitation aide, or child care aide to | 8 | | complete inservice
training and review in the facility | 9 | | until the nursing assistant, habilitation
aide, or child | 10 | | care aide demonstrates to the Department, either through | 11 | | written
examination or action, or both, sufficient | 12 | | knowledge in all areas of
required training.
| 13 | | (6) Be familiar with and have general skills related to | 14 | | resident care.
| 15 | | (7) Participate in training each year that assists | 16 | | nursing assistants and habilitation aides in coping with | 17 | | individuals of advanced years who have hearing, memory, | 18 | | physical, and cognitive impairments. Training shall use a | 19 | | curriculum approved by the Department. | 20 | | (a-0.5) An educational entity, other than a secondary | 21 | | school, conducting a
nursing assistant, habilitation aide, or | 22 | | child care aide
training program
shall initiate a criminal | 23 | | history record check in accordance with the Health Care Worker | 24 | | Background Check Act prior to entry of an
individual into the | 25 | | training program.
A secondary school may initiate a criminal | 26 | | history record check in accordance with the Health Care Worker |
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| 1 | | Background Check Act at any time during or after a training | 2 | | program.
| 3 | | (a-1) Nursing assistants, habilitation aides, or child | 4 | | care aides seeking to be included on the registry maintained | 5 | | under Section 3-206.01 on or
after January 1, 1996 must | 6 | | authorize the Department of Public Health or its
designee
to | 7 | | request a criminal history record check in accordance with the | 8 | | Health Care Worker Background Check Act and submit all | 9 | | necessary
information. An individual may not newly be included | 10 | | on the registry unless a criminal history record check has been | 11 | | conducted with respect to the individual.
| 12 | | (b) Persons subject to this Section shall perform their | 13 | | duties under the
supervision of a licensed nurse.
| 14 | | (c) It is unlawful for any facility to employ any person in | 15 | | the capacity
of nursing assistant, habilitation aide, or child | 16 | | care aide, or under any other title, not
licensed by the State | 17 | | of Illinois to assist in the personal, medical, or
nursing care | 18 | | of residents in such facility unless such person has complied
| 19 | | with this Section.
| 20 | | (d) Proof of compliance by each employee with the | 21 | | requirements set out
in this Section shall be maintained for | 22 | | each such employee by each facility
in the individual personnel | 23 | | folder of the employee. Proof of training shall be obtained | 24 | | only from the health care worker registry.
| 25 | | (e) Each facility shall obtain access to the health care | 26 | | worker registry's web application, maintain the employment and |
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| 1 | | demographic information relating to each employee, and verify | 2 | | by the category and type of employment that
each employee | 3 | | subject to this Section meets all the requirements of this
| 4 | | Section.
| 5 | | (f) Any facility that is operated under Section 3-803 shall | 6 | | be
exempt
from the requirements of this Section.
| 7 | | (g) Each skilled nursing and intermediate care facility | 8 | | that
admits
persons who are diagnosed as having Alzheimer's | 9 | | disease or related
dementias shall require all nursing | 10 | | assistants, habilitation aides, or child
care aides, who did | 11 | | not receive 12 hours of training in the care and
treatment of | 12 | | such residents during the training required under paragraph
(5) | 13 | | of subsection (a), to obtain 12 hours of in-house training in | 14 | | the care
and treatment of such residents. If the facility does | 15 | | not provide the
training in-house, the training shall be | 16 | | obtained from other facilities,
community colleges or other | 17 | | educational institutions that have a
recognized course for such | 18 | | training. The Department shall, by rule,
establish a recognized | 19 | | course for such training. The Department's rules shall provide | 20 | | that such
training may be conducted in-house at each facility | 21 | | subject to the
requirements of this subsection, in which case | 22 | | such training shall be
monitored by the Department.
| 23 | | The Department's rules shall also provide for | 24 | | circumstances and procedures
whereby any person who has | 25 | | received training that meets
the
requirements of this | 26 | | subsection shall not be required to undergo additional
training |
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| 1 | | if he or she is transferred to or obtains employment at a
| 2 | | different facility or a facility other than a long-term care | 3 | | facility but remains continuously employed for pay as a nursing | 4 | | assistant,
habilitation aide, or child care aide. Individuals
| 5 | | who have performed no nursing or nursing-related services
for a | 6 | | period of 24 consecutive months shall be listed as "inactive"
| 7 | | and as such do not meet the requirements of this Section. | 8 | | Licensed sheltered care facilities
shall be
exempt from the | 9 | | requirements of this Section.
| 10 | | (Source: P.A. 96-1372, eff. 7-29-10.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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