Full Text of HB2102 103rd General Assembly
HB2102ham001 103RD GENERAL ASSEMBLY | Rep. Terra Costa Howard Filed: 3/21/2023
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| 1 | | AMENDMENT TO HOUSE BILL 2102
| 2 | | AMENDMENT NO. ______. Amend House Bill 2102 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Health Care Worker Background Check Act is | 5 | | amended by changing Sections 25 and 33 as follows:
| 6 | | (225 ILCS 46/25)
| 7 | | Sec. 25. Hiring of people with criminal records by health | 8 | | care employers and long-term care facilities.
| 9 | | (a) A health care employer or long-term care facility may | 10 | | hire, employ, or retain any individual in a position involving | 11 | | direct care for clients, patients, or residents, or access to | 12 | | the living quarters or the financial, medical, or personal | 13 | | records of clients, patients, or residents who has been | 14 | | convicted of committing or attempting to commit one or more of | 15 | | the following offenses under the laws of this State, or of an | 16 | | offense that is substantially equivalent to the following |
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| 1 | | offenses under the laws of any other state or of the laws of | 2 | | the United States, as verified by court records, records from | 3 | | a state agency, or a Federal Bureau of Investigation criminal | 4 | | history records check, only with a waiver described in Section | 5 | | 40: those defined in Sections 8-1(b), 8-1.1, 8-1.2, 9-1,
| 6 | | 9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, | 7 | | 10-2, 10-3, 10-3.1, 10-4,
10-5, 10-7, 11-1.20, 11-1.30, | 8 | | 11-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1, 11-9.2, 11-9.3, | 9 | | 11-9.4-1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, | 10 | | 12-2, 12-3.05, 12-3.1,
12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2, | 11 | | 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4,
12-11, 12-13, | 12 | | 12-14, 12-14.1, 12-15, 12-16, 12-19, 12-20.5, 12-21, 12-21.5, | 13 | | 12-21.6, 12-32,
12-33, 12C-5, 12C-10, 16-1, 16-1.3, 16-25,
| 14 | | 16A-3, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, | 15 | | 19-4, 19-6, 20-1, 20-1.1,
24-1, 24-1.2, 24-1.5, 24-1.8, | 16 | | 24-3.8, or 33A-2, or subdivision (a)(4) of Section 11-14.4, or | 17 | | in subsection (a) of Section 12-3 or subsection (a) or (b) of | 18 | | Section 12-4.4a, of the Criminal Code of 1961 or the Criminal | 19 | | Code of 2012; those provided in
Section 4 of the Wrongs to | 20 | | Children Act; those provided in Section 53 of the
Criminal | 21 | | Jurisprudence Act; those defined in subsection (c), (d), (e), | 22 | | (f), or (g) of Section 5 or Section 5.1, 5.2, 7, or 9 of
the | 23 | | Cannabis Control Act; those defined in the Methamphetamine | 24 | | Control and Community Protection Act; those defined in | 25 | | Sections 401, 401.1, 404, 405,
405.1, 407, or 407.1 of the | 26 | | Illinois Controlled Substances Act; or subsection (a) of |
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| 1 | | Section 3.01, Section 3.02, or Section 3.03 of the Humane Care | 2 | | for Animals Act.
| 3 | | (a-1) A health care employer or long-term care facility | 4 | | may hire, employ, or retain any individual in a position | 5 | | involving direct care for clients, patients, or residents, or | 6 | | access to the living quarters or the financial, medical, or | 7 | | personal records of clients, patients, or residents who has | 8 | | been convicted of committing or attempting to commit one or | 9 | | more of the following offenses under the laws of this State, or | 10 | | of an offense that is substantially equivalent to the | 11 | | following offenses under the laws of any other state or of the | 12 | | laws of the United States, as verified by court records, | 13 | | records from a state agency, or a Federal Bureau of | 14 | | Investigation criminal history records check, only with a | 15 | | waiver described in Section 40: those offenses defined in | 16 | | Section 12-3.3, 12-4.2-5,
16-2, 16-30, 16G-15, 16G-20, 17-33, | 17 | | 17-34, 17-36, 17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, | 18 | | 24-3.2, or 24-3.3, or subsection (b) of Section 17-32, | 19 | | subsection (b) of Section 18-1, or subsection (b) of Section | 20 | | 20-1,
of the Criminal Code of 1961 or the Criminal Code of | 21 | | 2012; Section 4, 5, 6, 8, or 17.02 of the Illinois
Credit Card | 22 | | and Debit Card Act; or Section 11-9.1A of the Criminal Code of | 23 | | 1961 or the Criminal Code of 2012 or Section 5.1 of the Wrongs | 24 | | to Children Act;
or (ii) violated Section 50-50 of the Nurse | 25 | | Practice Act.
| 26 | | A health care employer is not required to retain an |
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| 1 | | individual in a position
with duties involving direct care for | 2 | | clients, patients, or residents, and no long-term care | 3 | | facility is required to retain an individual in a position | 4 | | with duties that involve or may involve
contact with residents | 5 | | or access to the living quarters or the financial, medical, or | 6 | | personal records of residents, who has
been convicted of | 7 | | committing or attempting to commit one or more of
the offenses | 8 | | enumerated in this subsection.
| 9 | | (b) A health care employer shall not hire, employ, or | 10 | | retain, whether paid or on a volunteer basis, any
individual | 11 | | in a position with duties involving direct care of clients,
| 12 | | patients, or residents, and no long-term care facility shall | 13 | | knowingly hire, employ, or retain, whether paid or on a | 14 | | volunteer basis, any individual in a position with duties that | 15 | | involve or may involve
contact with residents or access to the | 16 | | living quarters or the financial, medical, or personal records | 17 | | of residents, if the health care employer becomes aware that | 18 | | the
individual has been convicted in another state of | 19 | | committing or attempting to
commit an offense that has the | 20 | | same or similar elements as an offense listed in
subsection | 21 | | (a) or (a-1), as verified by court records, records from a | 22 | | state
agency, or an FBI criminal history record check, unless | 23 | | the applicant or employee obtains a waiver pursuant to Section | 24 | | 40 of this Act. This shall not be construed to
mean that a | 25 | | health care employer has an obligation to conduct a criminal
| 26 | | history records check in other states in which an employee has |
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| 1 | | resided.
| 2 | | (c) A health care employer shall not hire, employ, or | 3 | | retain, whether paid or on a volunteer basis, any individual | 4 | | in a position with duties involving direct care of clients, | 5 | | patients, or residents, who has a finding by the Department of | 6 | | abuse, neglect, misappropriation of property, or theft denoted | 7 | | on the Health Care Worker Registry. | 8 | | (d) A health care employer shall not hire, employ, or | 9 | | retain, whether paid or on a volunteer basis, any individual | 10 | | in a position with duties involving direct care of clients, | 11 | | patients, or residents if the individual has a verified and | 12 | | substantiated finding of abuse, neglect, or financial | 13 | | exploitation, as identified within the Adult Protective | 14 | | Service Registry established under Section 7.5 of the Adult | 15 | | Protective Services Act. | 16 | | (e) A health care employer shall not hire, employ, or | 17 | | retain, whether paid or on a volunteer basis, any individual | 18 | | in a position with duties involving direct care of clients, | 19 | | patients, or residents who has a finding by the Department of | 20 | | Human Services of physical or sexual abuse, financial | 21 | | exploitation, or egregious neglect of an individual denoted on | 22 | | the Health Care Worker Registry. | 23 | | (Source: P.A. 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.) | 24 | | (225 ILCS 46/33) | 25 | | Sec. 33. Fingerprint-based criminal history records check. |
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| 1 | | (a) A fingerprint-based criminal history records check is | 2 | | not required for health care employees who have been | 3 | | continuously employed by a health care employer since October | 4 | | 1, 2007, have met the requirements for criminal history | 5 | | background checks prior to October 1, 2007, and have no | 6 | | disqualifying convictions or requested and received a waiver | 7 | | of those disqualifying convictions. These employees shall be | 8 | | retained on the Health Care Worker Registry as long as they | 9 | | remain active. Nothing in this subsection (a) shall be | 10 | | construed to prohibit a health care employer from initiating a | 11 | | criminal history records check for these employees. Should | 12 | | these employees seek a new position with a different health | 13 | | care employer, then a fingerprint-based criminal history | 14 | | records check shall be required.
| 15 | | (b) On October 1, 2007 or as soon thereafter as is | 16 | | reasonably practical, in the discretion of the Director of | 17 | | Public Health, and thereafter, any student,
applicant, or | 18 | | employee who desires to be included on the Department of | 19 | | Public Health's Health Care Worker Registry shall authorize | 20 | | the Department of Public Health or its designee to request a | 21 | | fingerprint-based criminal history records check to determine | 22 | | if the individual has a conviction for a disqualifying | 23 | | offense. This authorization shall allow the Department of | 24 | | Public Health to request and receive information and | 25 | | assistance from any State or governmental agency. Each | 26 | | individual shall submit his or her fingerprints to the |
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| 1 | | Illinois State Police in an electronic format that complies | 2 | | with the form and manner for requesting and furnishing | 3 | | criminal history record information prescribed by the Illinois | 4 | | State Police. Such fingerprints shall be transmitted through a | 5 | | livescan fingerprint vendor licensed by the Department of | 6 | | Financial and Professional Regulation. The fingerprints | 7 | | submitted under this Section shall be checked against the | 8 | | Illinois State Police and Federal Bureau of Investigation | 9 | | criminal history record databases, now and hereafter filed, | 10 | | including, but not limited to, civil, criminal, and latent | 11 | | fingerprint databases. the fingerprint records now and | 12 | | hereafter filed in the Illinois State Police criminal history | 13 | | record databases. The Illinois State Police shall charge a fee | 14 | | for conducting the criminal history records check, which shall | 15 | | be deposited into the State Police Services Fund and shall not | 16 | | exceed the actual cost of the records check. The Illinois | 17 | | State Police shall furnish, pursuant to positive | 18 | | identification, records of Illinois convictions and shall | 19 | | forward the national criminal history record information to | 20 | | the department or agency. The Illinois State Police shall | 21 | | forward the applicant's fingerprints to the Federal Bureau of | 22 | | Investigation. The Illinois State Police shall request that | 23 | | the Federal Bureau of Investigation conduct a national | 24 | | criminal history pertaining to the applicant The livescan | 25 | | vendor may act as the designee for individuals, educational | 26 | | entities, or health care employers in the collection of |
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| 1 | | Illinois State Police fees and deposit those fees into the | 2 | | State Police Services Fund . The Illinois State Police shall | 3 | | provide information concerning any criminal convictions, now | 4 | | or hereafter filed, against the individual. | 5 | | (c) 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, an educational
entity, other | 8 | | than a secondary school, conducting a nurse aide training | 9 | | program shall initiate a fingerprint-based criminal history | 10 | | records check required by this Act prior to entry of an | 11 | | individual into the training program. | 12 | | (d) On October 1, 2007 or as soon thereafter as is | 13 | | reasonably practical, in the discretion of the Director of | 14 | | Public Health, and thereafter, a health care
employer who | 15 | | makes a conditional offer of employment to an applicant for a | 16 | | position as an employee shall initiate a fingerprint-based | 17 | | criminal history record check, requested by the Department of | 18 | | Public Health, on the applicant, if such a background check | 19 | | has not been previously conducted. Workforce intermediaries | 20 | | and organizations providing pro bono legal services may | 21 | | initiate a fingerprint-based criminal history record check if | 22 | | a conditional offer of employment has not been made and a | 23 | | background check has not been previously conducted for an | 24 | | individual who has a disqualifying conviction and is receiving | 25 | | services from a workforce intermediary or an organization | 26 | | providing pro bono legal services. |
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| 1 | | (e) When initiating a background check requested by the
| 2 | | Department of Public Health, an educational entity, health | 3 | | care employer, workforce intermediary, or organization that | 4 | | provides pro bono legal services shall electronically submit | 5 | | to the Department of Public Health the student's, applicant's, | 6 | | or employee's social security number, demographics, | 7 | | disclosure, and authorization information in a format | 8 | | prescribed by the Department of Public Health within 2 working | 9 | | days after the authorization is secured. The student, | 10 | | applicant, or employee shall have his or her fingerprints | 11 | | collected electronically and transmitted to the Illinois State | 12 | | Police within 10 working days. The educational entity, health | 13 | | care employer, workforce intermediary, or organization that | 14 | | provides pro bono legal services shall transmit all necessary | 15 | | information and fees to the livescan vendor and Illinois State | 16 | | Police within 10 working days after receipt of the | 17 | | authorization. This information and the results of the | 18 | | criminal history record checks shall be maintained by the | 19 | | Department of Public Health's Health Care Worker Registry. | 20 | | (f) A direct care employer may initiate a | 21 | | fingerprint-based background check required by this Act for | 22 | | any of its employees, but may not use this process to initiate | 23 | | background checks for residents. The results of any | 24 | | fingerprint-based background check that is initiated with the | 25 | | Department as the requester shall be entered in the Health | 26 | | Care Worker Registry. |
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| 1 | | (g) As long as the employee or trainee has had a | 2 | | fingerprint-based criminal history record check required by | 3 | | this Act and stays active on the Health Care Worker Registry, | 4 | | no further criminal history record checks are required, as the | 5 | | Illinois State Police shall notify the Department of Public | 6 | | Health of any additional convictions associated with the | 7 | | fingerprints previously submitted. Health care employers shall | 8 | | check the Health Care Worker Registry before hiring an | 9 | | employee to determine that the individual has had a | 10 | | fingerprint-based record check required by this Act and has no | 11 | | disqualifying convictions or has been granted a waiver | 12 | | pursuant to Section 40 of this Act. If the individual has not | 13 | | had such a background check or is not active on the Health Care | 14 | | Worker Registry, then the health care employer shall initiate | 15 | | a fingerprint-based record check requested by the Department | 16 | | of Public Health. If an individual is inactive on the Health | 17 | | Care Worker Registry, that individual is prohibited from being | 18 | | hired to work as a certified nursing assistant if, since the | 19 | | individual's most recent completion of a competency test, | 20 | | there has been a period of 24 consecutive months during which | 21 | | the individual has not provided nursing or nursing-related | 22 | | services for pay. If the individual can provide proof of | 23 | | having retained his or her certification by not having a | 24 | | 24-consecutive-month break in service for pay, he or she may | 25 | | be hired as a certified nursing assistant and that employment | 26 | | information shall be entered into the Health Care Worker |
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| 1 | | Registry. | 2 | | (h) On October 1, 2007 or as soon thereafter as is | 3 | | reasonably practical, in the discretion of the Director of | 4 | | Public Health, and thereafter, if the Illinois State Police | 5 | | notifies the Department of Public Health that an employee has | 6 | | a new conviction of a disqualifying offense, based upon the | 7 | | fingerprints that were previously submitted, then (i) the | 8 | | Health Care Worker Registry shall notify the employee's last | 9 | | known employer of the offense, (ii) a record of the employee's | 10 | | disqualifying offense shall be entered on the Health Care | 11 | | Worker Registry, and (iii) the individual shall no longer be | 12 | | eligible to work as an employee unless he or she obtains a | 13 | | waiver pursuant to Section 40 of this Act. | 14 | | (i) On October 1, 2007, or as soon thereafter, in the | 15 | | discretion of the Director of Public Health, as is reasonably | 16 | | practical, and thereafter, each direct care employer or its | 17 | | designee shall provide an employment verification for each | 18 | | employee no less than annually. The direct care employer or | 19 | | its designee shall log into the Health Care Worker Registry | 20 | | through a secure login. The health care employer or its | 21 | | designee shall indicate employment and termination dates | 22 | | within 30 days after hiring or terminating an employee, as | 23 | | well as the employment category and type. Failure to comply | 24 | | with this subsection (i) constitutes a licensing violation. A | 25 | | fine of up to $500 may be imposed for failure to maintain these | 26 | | records. This information shall be used by the Department of |
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| 1 | | Public Health to notify the last known employer of any | 2 | | disqualifying offenses that are reported by the Illinois State | 3 | | Police.
| 4 | | (j) In the event that an applicant or employee has a waiver | 5 | | for one or more disqualifying offenses pursuant to Section 40 | 6 | | of this Act and he or she is otherwise eligible to work, the | 7 | | Health Care Worker Registry shall indicate that the applicant | 8 | | or employee is eligible to work and that additional | 9 | | information is available on the Health Care Worker Registry. | 10 | | The Health Care Worker Registry may indicate that the | 11 | | applicant or employee has received a waiver. | 12 | | (k) The student, applicant, or employee shall be notified
| 13 | | of each of the following whenever a fingerprint-based criminal | 14 | | history records check is required: | 15 | | (1) That the educational entity, health care
employer, | 16 | | or long-term care facility shall initiate a | 17 | | fingerprint-based criminal history record check required | 18 | | by this Act of the student, applicant, or employee. | 19 | | (2) That the student, applicant, or employee has a
| 20 | | right to obtain a copy of the criminal records report that | 21 | | indicates a conviction for a disqualifying offense and | 22 | | challenge the accuracy and completeness of the report | 23 | | through an established Illinois State Police procedure of | 24 | | Access and Review. | 25 | | (3) That the applicant, if hired conditionally, may
be | 26 | | terminated if the criminal records report indicates that |
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| 1 | | the applicant has a record of a conviction of any of the | 2 | | criminal offenses enumerated in Section 25, unless the | 3 | | applicant obtains a waiver pursuant to Section 40 of this | 4 | | Act. | 5 | | (4) That the applicant, if not hired conditionally,
| 6 | | shall not be hired if the criminal records report | 7 | | indicates that the applicant has a record of a conviction | 8 | | of any of the criminal offenses enumerated in Section 25, | 9 | | unless the applicant obtains a waiver pursuant to Section | 10 | | 40 of this Act. | 11 | | (5) That the employee shall be terminated if the
| 12 | | criminal records report indicates that the employee has a | 13 | | record of a conviction of any of the criminal offenses | 14 | | enumerated in Section 25. | 15 | | (6) If, after the employee has originally been | 16 | | determined not to have disqualifying offenses, the | 17 | | employer is notified that the employee has a new | 18 | | conviction(s) of any of the criminal offenses enumerated | 19 | | in Section 25, then the employee shall be terminated. | 20 | | (l) A health care employer or long-term care facility may
| 21 | | conditionally employ an applicant for up to 3 months pending | 22 | | the results of a fingerprint-based criminal history record | 23 | | check requested by the Department of Public Health. | 24 | | (m) The Department of Public Health or an entity
| 25 | | responsible for inspecting, licensing, certifying, or | 26 | | registering the health care employer or long-term care |
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| 1 | | facility shall be immune from liability for notices given | 2 | | based on the results of a fingerprint-based criminal history | 3 | | record check.
| 4 | | (n) As used in this Section: | 5 | | "Workforce intermediaries" means organizations that | 6 | | function to provide job training and employment services. | 7 | | Workforce intermediaries include institutions of higher | 8 | | education, faith-based and community organizations, and | 9 | | workforce investment boards. | 10 | | "Organizations providing pro bono legal services" means | 11 | | legal services performed without compensation or at a | 12 | | significantly reduced cost to the recipient that provide | 13 | | services designed to help individuals overcome statutory | 14 | | barriers that would prevent them from entering positions in | 15 | | the healthcare industry. | 16 | | (Source: P.A. 101-176, eff. 7-31-19; 102-538, eff. 8-20-21.)".
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