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Public Act 100-0297 |
HB0481 Enrolled | LRB100 06343 MJP 16381 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 Nursing Home Care Act is amended by changing |
Section 3-206 as follows:
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(210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206)
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Sec. 3-206.
The Department shall prescribe a curriculum for |
training
nursing assistants, habilitation aides, and child |
care aides.
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(a) No person, except a volunteer who receives no |
compensation from a
facility and is not included for the |
purpose of meeting any staffing
requirements set forth by the |
Department, shall act as a nursing assistant,
habilitation |
aide, or child care aide in a facility, nor shall any person, |
under any
other title, not licensed, certified, or registered |
to render medical care
by the Department of Professional |
Regulation, assist with the
personal, medical, or nursing care |
of residents in a facility, unless such
person meets the |
following requirements:
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(1) Be at least 16 years of age, of temperate habits |
and good moral
character, honest, reliable and |
trustworthy.
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(2) Be able to speak and understand the English |
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language or a language
understood by a substantial |
percentage of the facility's residents.
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(3) Provide evidence of employment or occupation, if |
any, and residence
for 2 years prior to his present |
employment.
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(4) Have completed at least 8 years of grade school or |
provide proof of
equivalent knowledge.
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(5) Begin a current course of training for nursing |
assistants,
habilitation aides, or child care aides, |
approved by the Department, within 45 days of initial
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employment in the capacity of a nursing assistant, |
habilitation aide, or
child care aide
at any facility. Such |
courses of training shall be successfully completed
within |
120 days of initial employment in the capacity of nursing |
assistant,
habilitation aide, or child care aide at a |
facility. Nursing assistants, habilitation
aides, and |
child care aides who are enrolled in approved courses in |
community
colleges or other educational institutions on a |
term, semester or trimester
basis, shall be exempt from the |
120 day completion time limit. The
Department shall adopt |
rules for such courses of training.
These rules shall |
include procedures for facilities to
carry on an approved |
course of training within the facility. The Department |
shall allow an individual to satisfy the supervised |
clinical experience requirement for placement on the |
Health Care Worker Registry under 77 Ill. Adm. Code 300.663 |
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through supervised clinical experience at an assisted |
living establishment licensed under the Assisted Living |
and Shared Housing Act. The Department shall adopt rules |
requiring that the Health Care Worker Registry include |
information identifying where an individual on the Health |
Care Worker Registry received his or her clinical training.
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The Department may accept comparable training in lieu |
of the 120 hour
course for student nurses, foreign nurses, |
military personnel, or employes of
the Department of Human |
Services.
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The facility shall develop and implement procedures, |
which shall be
approved by the Department, for an ongoing |
review process, which shall take
place within the facility, |
for nursing assistants, habilitation aides, and
child care |
aides.
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At the time of each regularly scheduled licensure |
survey, or at the time
of a complaint investigation, the |
Department may require any nursing
assistant, habilitation |
aide, or child care aide to demonstrate, either through |
written
examination or action, or both, sufficient |
knowledge in all areas of
required training. If such |
knowledge is inadequate the Department shall
require the |
nursing assistant, habilitation aide, or child care aide to |
complete inservice
training and review in the facility |
until the nursing assistant, habilitation
aide, or child |
care aide demonstrates to the Department, either through |
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written
examination or action, or both, sufficient |
knowledge in all areas of
required training.
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(6) Be familiar with and have general skills related to |
resident care.
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(a-0.5) An educational entity, other than a secondary |
school, conducting a
nursing assistant, habilitation aide, or |
child care aide
training program
shall initiate a criminal |
history record check in accordance with the Health Care Worker |
Background Check Act prior to entry of an
individual into the |
training program.
A secondary school may initiate a criminal |
history record check in accordance with the Health Care Worker |
Background Check Act at any time during or after a training |
program.
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(a-1) Nursing assistants, habilitation aides, or child |
care aides seeking to be included on the registry maintained |
under Section 3-206.01 on or
after January 1, 1996 must |
authorize the Department of Public Health or its
designee
to |
request a criminal history record check in accordance with the |
Health Care Worker Background Check Act and submit all |
necessary
information. An individual may not newly be included |
on the registry unless a criminal history record check has been |
conducted with respect to the individual.
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(b) Persons subject to this Section shall perform their |
duties under the
supervision of a licensed nurse.
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(c) It is unlawful for any facility to employ any person in |
the capacity
of nursing assistant, habilitation aide, or child |
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care aide, or under any other title, not
licensed by the State |
of Illinois to assist in the personal, medical, or
nursing care |
of residents in such facility unless such person has complied
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with this Section.
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(d) Proof of compliance by each employee with the |
requirements set out
in this Section shall be maintained for |
each such employee by each facility
in the individual personnel |
folder of the employee. Proof of training shall be obtained |
only from the health care worker registry.
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(e) Each facility shall obtain access to the health care |
worker registry's web application, maintain the employment and |
demographic information relating to each employee, and verify |
by the category and type of employment that
each employee |
subject to this Section meets all the requirements of this
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Section.
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(f) Any facility that is operated under Section 3-803 shall |
be
exempt
from the requirements of this Section.
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(g) Each skilled nursing and intermediate care facility |
that
admits
persons who are diagnosed as having Alzheimer's |
disease or related
dementias shall require all nursing |
assistants, habilitation aides, or child
care aides, who did |
not receive 12 hours of training in the care and
treatment of |
such residents during the training required under paragraph
(5) |
of subsection (a), to obtain 12 hours of in-house training in |
the care
and treatment of such residents. If the facility does |
not provide the
training in-house, the training shall be |
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obtained from other facilities,
community colleges or other |
educational institutions that have a
recognized course for such |
training. The Department shall, by rule,
establish a recognized |
course for such training. The Department's rules shall provide |
that such
training may be conducted in-house at each facility |
subject to the
requirements of this subsection, in which case |
such training shall be
monitored by the Department.
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The Department's rules shall also provide for |
circumstances and procedures
whereby any person who has |
received training that meets
the
requirements of this |
subsection shall not be required to undergo additional
training |
if he or she is transferred to or obtains employment at a
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different facility or a facility other than a long-term care |
facility but remains continuously employed for pay as a nursing |
assistant,
habilitation aide, or child care aide. Individuals
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who have performed no nursing or nursing-related services
for a |
period of 24 consecutive months shall be listed as "inactive"
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and as such do not meet the requirements of this Section. |
Licensed sheltered care facilities
shall be
exempt from the |
requirements of this Section.
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(Source: P.A. 96-1372, eff. 7-29-10.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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