Public Act 095-0120
 
SB0866 Enrolled LRB095 05613 DRJ 25703 b

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