Full Text of HB3251 095th General Assembly
HB3251 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB3251
Introduced 2/26/2007, by Rep. Tom Cross SYNOPSIS AS INTRODUCED: |
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Amends the Health Care Worker Background Check Act. Makes a
technical change in a Section concerning non-fingerprint
based UCIA criminal records checks.
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A BILL FOR
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HB3251 |
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LRB095 06016 RAS 26108 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Health Care Worker Background Check Act is | 5 |
| amended by changing Section 30 as follows:
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| (225 ILCS 46/30)
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| Sec. 30. Non-fingerprint based UCIA criminal records | 8 |
| check.
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| (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
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| 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 |
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HB3251 |
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LRB095 06016 RAS 26108 b |
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| conviction of any of the criminal offenses
enumerated in | 2 |
| Section 25 unless the nurse aide's identity is validated and
it | 3 |
| is
determined that the nurse aide does
not have a disqualifying | 4 |
| criminal history record
based upon a
fingerprint-based records | 5 |
| check pursuant to Section 35 or the
nurse aide receives a | 6 |
| waiver pursuant to Section 40. | 7 |
| (b) The Department of Public Health shall notify each | 8 |
| health care
employer inquiring as
to the information on the | 9 |
| State nurse aide registry of the date of the nurse
aide's last | 10 |
| UCIA criminal history record check. If it has been more than | 11 |
| one
year since the records check, the health care employer must | 12 |
| initiate or have
initiated on his or her behalf a UCIA
criminal | 13 |
| history record check for the nurse
aide pursuant to this | 14 |
| Section. The health care employer must send a copy of
the | 15 |
| results of the record check to the State nurse aide registry | 16 |
| for
an individual employed as a nurse aide.
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| (c) Beginning January 1, 1996, a health care employer who | 18 |
| makes a
conditional offer of employment to an applicant other | 19 |
| than a nurse
aide for position with duties that involve direct | 20 |
| care for clients, patients,
or residents must initiate or have | 21 |
| initiated on his or her behalf a UCIA
criminal history record | 22 |
| check for that
applicant.
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| (d) No later than January 1, 1997, a health care employer | 24 |
| must initiate or
have initiated on his or her behalf a
UCIA | 25 |
| criminal history record check for all
employees other than | 26 |
| those enumerated in subsections (a), (b), and (c) of this
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HB3251 |
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LRB095 06016 RAS 26108 b |
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| Section with duties that involve direct care for clients, | 2 |
| patients, or
residents.
A health care employer having actual | 3 |
| knowledge from a source other than a
non-fingerprint check that | 4 |
| an employee has been
convicted of committing or attempting to | 5 |
| commit one of the offenses enumerated
in Section 25 of this Act | 6 |
| must initiate a fingerprint-based background check
within 10
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| working days of acquiring that knowledge. The employer may | 8 |
| continue to
employ
that individual in a direct
care position, | 9 |
| may reassign that individual to a non-direct care position, or
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| may suspend the individual until the results of the | 11 |
| fingerprint-based
background check are received.
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| (d-5) Beginning January 1, 2006, each long-term care | 13 |
| facility operating in the State must initiate, or
have | 14 |
| initiated on its behalf, a
criminal history record check for | 15 |
| all
employees hired on or after January 1, 2006 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.
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| (e) The request for a UCIA criminal history record check | 20 |
| must be in the form
prescribed by the Department of State
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| Police.
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| (f) The applicant or employee must be notified of the | 23 |
| following whenever a
non-fingerprint check is made:
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| (i) that the health care employer shall request or have | 25 |
| requested on his
or her behalf a UCIA criminal history
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| record check pursuant to this Act;
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LRB095 06016 RAS 26108 b |
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| (ii) that the applicant or employee has a right to | 2 |
| obtain a copy of the
criminal records report from the | 3 |
| health care employer, challenge the
accuracy and | 4 |
| completeness of the report,
and request a waiver under | 5 |
| Section 40 of this Act;
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| (iii) that the applicant, if hired conditionally, may | 7 |
| be terminated if the
criminal records report indicates that | 8 |
| the applicant has a record of conviction
of any of the | 9 |
| criminal offenses enumerated in Section 25 unless the | 10 |
| applicant's
identity is validated and it
is determined that | 11 |
| the applicant does
not have a
disqualifying criminal | 12 |
| history record
based on a fingerprint-based records check | 13 |
| pursuant to
Section 35.
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| (iv) that the applicant, if not hired conditionally, | 15 |
| shall not be hired if
the criminal records report indicates | 16 |
| that the applicant has a record of
conviction of any of the | 17 |
| criminal offenses enumerated in Section 25 unless the
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| applicant's record is cleared based on a fingerprint-based | 19 |
| records check
pursuant to Section 35.
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| (v) that the employee may be terminated if the criminal | 21 |
| records report
indicates that the employee has a record of | 22 |
| conviction of any of the criminal
offenses enumerated in | 23 |
| Section 25 unless the employee's
record is cleared
based on | 24 |
| a fingerprint-based records check pursuant to Section 35.
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| (g) A health care employer may conditionally employ an | 26 |
| applicant
for
up to 3 months pending the results of a UCIA |
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HB3251 |
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LRB095 06016 RAS 26108 b |
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| criminal history record check.
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| (Source: P.A. 94-665, eff. 1-1-06.)
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