[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0598
SB1114 Enrolled LRB9102450ACtm
AN ACT regarding health care professionals.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Nursing Home Care Act is amended by
changing Sections 3-206, 3-206.01, and 3-206.02 as follows:
(210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206)
Sec. 3-206. The Department shall prescribe a curriculum
for training nursing assistants, habilitation aides, and
child care aides. nurse's aides, orderlies and nurse
technicians.
(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 nurse's aide, orderly or nurse
technician 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:
(1) Be at least 16 years of age, of temperate
habits and good moral character, honest, reliable and
trustworthy;
(2) Be able to speak and understand the English
language or a language understood by a substantial
percentage of the facility's residents;
(3) Provide evidence of employment or occupation,
if any, and residence for 2 years prior to his present
employment;
(4) Have completed at least 8 years of grade school
or provide proof of equivalent knowledge;
(5) Begin a current course of training for nursing
assistants, habilitation aides, or child care aides
nurse's aides, orderlies and nurse technicians, approved
by the Department, within 45 days of initial employment
in the capacity of a nursing assistant, habilitation
aide, or child care aide nurse's aide, orderly or nurse
technician 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 nurse's aide,
orderly or nurse technician at a facility. Nursing
assistants, habilitation aides, and child care aides
Nurse's aides, orderlies and nurse technicians 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
and regulations for such courses of training. These
rules and regulations shall include procedures for
facilities to carry on an approved course of training
within the facility.
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. However, no person who on the
effective date of this Act has been continuously employed
at the same facility for one year or has been employed at
more than one facility for 2 years as a nurse's aide,
orderly or nurse technician shall be required to complete
such a course of training, and no student intern shall be
required to complete a course of training.
Any person who is or will be employed as a nurse's
aide, orderly or nurse technician in a facility may elect
to take a proficiency examination. Upon successful
completion of such proficiency examination, no person who
is or will be employed as a nurse's aide, orderly or
nurse technician shall be required to complete a course
of training as required by this Section. The Department
may, by rule, establish a recognized course which may be
taught in a facility. Persons enrolled in such course
shall be required to successfully complete the
proficiency examination within 120 days after the
commencement of employment. The Department shall adopt
rules and regulations governing the composition and
administration of such proficiency examinations.
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 nurse's aides, orderlies and nurse
technicians.
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 nurse's aide,
orderly or nurse technician who is required to be trained
under this Section or who has successfully completed a
proficiency examination as described in this Section, 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 nurse's aide,
orderly or nurse technician to complete inservice
training and review in the facility until the nursing
assistant, habilitation aide, or child care aide nurse's
aide, orderly or nurse technician demonstrates to the
Department, either through written examination or action,
or both, sufficient knowledge in all areas of required
training; and
(6) Be familiar with and have general skills
related to resident care.
(a-0.5) An educational entity, other than a secondary
school, conducting a nursing assistant, habilitation aide, or
child care aide nurse aide training program shall initiate a
UCIA criminal history record check prior to entry of an
individual into the training program. A secondary school may
initiate a UCIA criminal history record check prior to the
entry of an individual into a training program.
(a-1) Nursing assistants, habilitation aides, or child
care aides Nurse aides seeking to be included on the nurse
aide registry on or after January 1, 1996 must authorize the
Department of Public Health or its designee that tests
nursing assistants nurse aides to request a UCIA criminal
history check and submit all necessary information.
(b) Persons subject to this Section shall perform their
duties under the supervision of a nurse.
(c) It is unlawful for any facility to employ any person
in the capacity of nursing assistant, habilitation aide, or
child care aide nurse's aide, orderly or nurse technician, 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
with this Section.
(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.
(e) Each facility shall certify to the Department on a
form provided by the Department the name and residence
address of each employee, and that each employee subject to
this Section meets all the requirements of this Section.
(f) Any facility that which is operated under Section
3-803 shall be exempt from the requirements of this Section.
(g) Each skilled nursing and intermediate care facility
that which admits persons who are diagnosed as having
Alzheimer's disease or related dementias shall require all
nursing assistants, habilitation aides, or child care aides
nurse's aides, orderlies and nurse technicians, 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 obtained from other facilities, community colleges
or other educational institutions that which have a
recognized course for such training. The Department shall,
by rule, establish a recognized course for such training;
however, no such additional hours of training shall be
required of any nurse's aide, orderly or nurse technician
employed in such capacity on the effective date of this
amendatory Act of 1987. 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.
The Department's rules shall also provide for
circumstances and procedures whereby any person who has
received such training that which 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 different facility but remains continuously employed as
a nursing assistant, habilitation aide, or child care aide
nurse's aide, orderly or nurse technician. Licensed
sheltered care facilities shall be exempt from the
requirements of this Section.
(Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)
(210 ILCS 45/3-206.01) (from Ch. 111 1/2, par.
4153-206.01)
Sec. 3-206.01. The Department shall establish and
maintain a registry of all individuals who have
satisfactorily completed the training required by Section
3-206 and who have not been disqualified pursuant to the
Health Care Background Check Act. The registry shall include
the name of the nursing assistant, habilitation aide, or
child care aide nurse aide, his or her current address,
Social Security number, and the date and location of the
training course completed by the individual aide, and the
date of the individual's nurse aide's last criminal records
check. Any individual nurse aide placed on the registry is
required to inform the Department of any change of address
within 30 days. A facility shall not employ an individual as
a nursing assistant, habilitation aide, or child care aide
nurse aide unless the facility has inquired of the Department
as to information in the registry concerning the individual
and shall not employ anyone not on the registry unless the
individual is enrolled in a training program under paragraph
(5) of subsection (a) of Section 3-206 of this Act.
If the Department finds that a nursing assistant,
habilitation aide, or child care aide nurse aide has abused a
resident, neglected a resident, or misappropriated resident
property in a facility, the Department shall notify the
individual nurse aide of this finding by certified mail sent
to the address contained in the registry. The notice shall
give the individual nurse aide an opportunity to contest the
finding in a hearing before the Department or to submit a
written response to the findings in lieu of requesting a
hearing. If, after a hearing or if the individual nurse aide
does not request a hearing, the Department finds that the
individual nurse aide abused a resident, neglected a
resident, or misappropriated resident property in a facility,
the finding shall be included as part of the nurse aide
registry as well as a brief statement from the individual,
nurse aide if he or she chooses to make such a statement. The
Department shall make available to the public information in
the registry available to the public. In the case of
inquiries to the registry concerning an individual listed in
the registry, any information disclosed concerning such a
finding shall also include disclosure of any statement in the
registry relating to the finding or a clear and accurate
summary of the statement.
(Source: P.A. 89-197, eff. 7-21-95.)
(210 ILCS 45/3-206.02) (from Ch. 111 1/2, par.
4153-206.02)
Sec. 3-206.02. (a) The Department, after notice to the
nursing assistant, habilitation aide, or child care aide
nurse aide, may denote that suspend or remove a nurse aide
from the registry in any case in which the Department has
found finds any of the following:
(1) The nursing assistant, habilitation aide, or
child care aide nurse aide has abused a resident.
(2) The nursing assistant, habilitation aide, or
child care aide nurse aide has neglected a resident.
(3) The nursing assistant, habilitation aide, or
child care aide nurse aide has misappropriated resident
property.
(4) The nursing assistant, habilitation aide, or
child care aide nurse aide has been convicted of (i) a
felony, (ii) a misdemeanor, an essential element of which
is dishonesty, or (iii) any crime that is directly
related to the duties of a nursing assistant,
habilitation aide, or child care aide nurse aide.
(b) Notice under this Section shall include a clear and
concise statement of the grounds denoting abuse, neglect, or
theft on which the suspension or removal is based and notice
of the opportunity for a hearing to contest the designation
suspension or removal.
(c) The Department may suspend or remove denote any
nursing assistant, habilitation aide, or child care aide on
nurse aide from the registry who fails (i) to file a return,
(ii) to pay the tax, penalty or interest shown in a filed
return, or (iii) to pay any final assessment of tax, penalty
or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until the time the
requirements of the tax Act are satisfied.
(c-1) The Department shall document criminal background
check results remove a nurse aide from the registry pursuant
to the requirements of the Health Care Worker Background
Check Act.
(d) At any time after the designation on suspension or
removal from the registry pursuant to subsection (a), (b), or
(c) of this Section, a nursing assistant, habilitation aide,
or child care aide nurse aide may petition the Department for
removal of designation reinstatement on the registry. The
Department may remove the designation of reinstate the
nursing assistant, habilitation aide, or child care aide
nurse aide on the registry unless, after an investigation and
a hearing, the Department determines that removal of
designation reinstatement is not in the public interest.
(Source: P.A. 89-197, eff. 7-21-95.)
Section 10. The Health Care Worker Background Check Act
is amended by changing Sections 15, 20, 25, 30, 35, 40, 55,
and 60 as follows:
(225 ILCS 46/15)
Sec. 15. Definitions. 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 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 meals, dressing, movement, bathing,
toileting, or other personal needs. 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. or maintenance,
or general supervision and oversight of the physical and
mental well-being of an individual who is incapable of
managing his or her person whether or not a guardian has been
appointed for that individual.
"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, as defined in the Home
Health Agency Licensing Act;
(v) a full hospice, as defined in the Hospice
Program Licensing Act;
(vi) a hospital, as defined in the Hospital
Licensing Act;
(vii) 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;
(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; or
(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.
"Initiate" means the obtaining of the authorization for a
record check from a student, applicant, or employee. 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.
(Source: P.A. 89-197, eff. 7-21-95; 89-507, eff. 7-1-97;
89-674, eff. 8-14-96; 90-14, eff. 7-1-97; 90-776, eff.
1-1-99.)
(225 ILCS 46/20)
Sec. 20. Exceptions.
(1) This Act shall not apply to:
(a) an individual who is licensed by the Department
of Professional Regulation or the Department of Public
Health under another law of this State;
(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
(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 employed by a health care employer in
a position with duties involving direct care for clients,
patients, or 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. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)
(225 ILCS 46/25)
Sec. 25. Persons ineligible to be hired by health care
employers.
(a) After January 1, 1996, or January 1, 1997, as
applicable, 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,
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, 11-19.2,
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; 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.
(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 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), as verified by court
records, records from a state agency, or an FBI criminal
history record check. 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. 89-197, eff. 7-21-95; 89-428, eff. 12-13-95;
89-462, eff. 5-29-96; P.A. 90-441, eff. 1-1-98.)
(225 ILCS 46/30)
Sec. 30. Non-fingerprint based UCIA criminal records
check.
(a) Beginning on January 1, 1997 the effective date of
this amendatory Act of 1996, an educational entity, other
than a secondary school, conducting a nurse aide training
program must initiate a UCIA criminal history records check
prior to entry of an individual into the training program. A
nurse aide seeking to be included on the nurse aide registry
shall authorize the Department of Public Health or its
designee that tests nurse aides or the health care employer
or its designee to request a criminal history record check
pursuant to the Uniform Conviction Information Act (UCIA) for
each nurse aide applying for inclusion on the State nurse
aide registry. Any nurse aide not submitting the required
authorization and information for the record check will not
be added to the State nurse aide registry. A nurse aide will
not be entered on the State nurse aide registry if the report
from the Department of State Police indicates that the nurse
aide has a record of conviction of any of the criminal
offenses enumerated in Section 25 unless the nurse aide's
identity is validated and it is determined that the nurse
aide does not have a disqualifying criminal history record
based upon a fingerprint-based records check pursuant to
Section 35 or the nurse aide receives a waiver pursuant to
Section 40.
(b) The Department of Public Health shall notify each
health care employer inquiring as to the information on the
State nurse aide registry of the date of the nurse aide's
last UCIA criminal history record check. If it has been more
than one year since the records check, the health care
employer must initiate or have initiated on his or her behalf
a UCIA criminal history record check for the nurse aide
pursuant to this Section. The health care employer must send
a copy of the results of the record check to the State nurse
aide registry for an individual employed as a nurse aide.
(c) Beginning January 1, 1996, a health care employer
who makes a conditional offer of employment to an applicant
other than a nurse aide for position with duties that involve
direct care for clients, patients, or residents must initiate
or have initiated on his or her behalf a UCIA criminal
history record check for that applicant.
(d) No later than January 1, 1997, a health care
employer must initiate or have initiated on his or her behalf
a UCIA criminal history record check for all employees other
than those enumerated in subsections (a), (b), and (c) of
this Section with duties that involve direct care for
clients, patients, or residents. A health care employer
having actual knowledge from a source other than a
non-fingerprint check that an employee has been convicted of
committing or attempting to commit one of the offenses
enumerated in Section 25 of this Act must initiate a
fingerprint-based background check within 10 working days of
acquiring that knowledge. The employer may continue to
employ that individual in a direct care position, may
reassign that individual to a non-direct care position, or
may suspend the individual until the results of the
fingerprint-based background check are received.
(e) The request for a UCIA criminal history record check
must be in the form prescribed by the Department of State
Police.
(f) The applicant or employee must be notified of the
following whenever a non-fingerprint check is made:
(i) that the health care employer shall request or
have requested on his or her behalf a UCIA criminal
history record check pursuant to this Act;
(ii) that the applicant or employee has a right to
obtain a copy of the criminal records report from the
health care employer, challenge the accuracy and
completeness of the report, and request a waiver under
Section 40 of this Act;
(iii) that the applicant, if hired conditionally,
may be terminated if the criminal records report
indicates that the applicant has a record of conviction
of any of the criminal offenses enumerated in Section 25
unless the applicant's identity is validated and it is
determined that the applicant does not have a
disqualifying criminal history record based on a
fingerprint-based records check pursuant to Section 35.
(iv) that the applicant, if not hired
conditionally, shall not be hired if the criminal records
report indicates that the applicant has a record of
conviction of any of the criminal offenses enumerated in
Section 25 unless the applicant's record is cleared based
on a fingerprint-based records check pursuant to Section
35.
(v) that the employee may be terminated if the
criminal records report indicates that the employee has a
record of conviction of any of the criminal offenses
enumerated in Section 25 unless the employee's record is
cleared based on a fingerprint-based records check
pursuant to Section 35.
(g) A health care employer may conditionally employ an
applicant to provide direct care for up to 3 months pending
the results of a UCIA criminal history record check.
(Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)
(225 ILCS 46/35)
Sec. 35. Fingerprint-based UCIA criminal records check.
An applicant, employee, or nurse aide whose UCIA criminal
history record check indicates a conviction for committing or
attempting to commit one or more of the offenses enumerated
in subsection (a) of Section 25 may request that the health
care employer or its designee commence a fingerprint-based
UCIA criminal records check by submitting any necessary fees
and information in a form and manner prescribed by the
Department of State Police within 30 days after receipt of
the criminal records report. The fee for a fingerprint-based
UCIA criminal records check shall not exceed the actual cost
of the records check.
(Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)
(225 ILCS 46/40)
Sec. 40. Waiver.
(a) 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) 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) 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 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 entity responsible for inspecting, licensing,
certifying, or registering a health care employer must inform
the health care employer if a waiver is being sought and must
act upon the waiver request within 30 days of receipt of all
necessary information, as defined by rule.
(d) An individual shall not be employed in a direct care
position from the time that the employer receives the results
of a 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 in a direct care position
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. An individual may not be employed in a direct care
position during the pendency of a waiver request.
(e) The entity responsible for inspecting, licensing,
certifying, or registering the health care employer 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. 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
the Act. However, if 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
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.
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. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96;
90-441, eff. 1-1-98.)
(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 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. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)
Section 99. Effective date. This Act takes effect
January 1, 2000.
[ Top ]