HB2102 EnrolledLRB103 25089 AMQ 51424 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Health Care Worker Background Check Act is
5amended by changing Sections 25 and 33 as follows:
 
6    (225 ILCS 46/25)
7    Sec. 25. Hiring of people with criminal records by health
8care employers and long-term care facilities.
9    (a) A health care employer or long-term care facility may
10hire, employ, or retain any individual in a position involving
11direct care for clients, patients, or residents, or access to
12the living quarters or the financial, medical, or personal
13records of clients, patients, or residents who has been
14convicted of committing or attempting to commit one or more of
15the following offenses under the laws of this State, or of an
16offense that is substantially equivalent to the following
17offenses under the laws of any other state or of the laws of
18the United States, as verified by court records, records from
19a state agency, or a Federal Bureau of Investigation criminal
20history records check, only with a waiver described in Section
2140: those defined in Sections 8-1(b), 8-1.1, 8-1.2, 9-1,
229-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1,
2310-2, 10-3, 10-3.1, 10-4, 10-5, 10-7, 11-1.20, 11-1.30,

 

 

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111-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1, 11-9.2, 11-9.3,
211-9.4-1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,
312-2, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2,
412-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13,
512-14, 12-14.1, 12-15, 12-16, 12-19, 12-20.5, 12-21, 12-21.5,
612-21.6, 12-32, 12-33, 12C-5, 12C-10, 16-1, 16-1.3, 16-25,
716A-3, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3,
819-4, 19-6, 20-1, 20-1.1, 24-1, 24-1.2, 24-1.5, 24-1.8,
924-3.8, or 33A-2, or subdivision (a)(4) of Section 11-14.4, or
10in subsection (a) of Section 12-3 or subsection (a) or (b) of
11Section 12-4.4a, of the Criminal Code of 1961 or the Criminal
12Code of 2012; those provided in Section 4 of the Wrongs to
13Children Act; those provided in Section 53 of the Criminal
14Jurisprudence Act; those defined in subsection (c), (d), (e),
15(f), or (g) of Section 5 or Section 5.1, 5.2, 7, or 9 of the
16Cannabis Control Act; those defined in the Methamphetamine
17Control and Community Protection Act; those defined in
18Sections 401, 401.1, 404, 405, 405.1, 407, or 407.1 of the
19Illinois Controlled Substances Act; or subsection (a) of
20Section 3.01, Section 3.02, or Section 3.03 of the Humane Care
21for Animals Act.
22    (a-1) A health care employer or long-term care facility
23may hire, employ, or retain any individual in a position
24involving direct care for clients, patients, or residents, or
25access to the living quarters or the financial, medical, or
26personal records of clients, patients, or residents who has

 

 

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1been convicted of committing or attempting to commit one or
2more of the following offenses under the laws of this State, or
3of an offense that is substantially equivalent to the
4following offenses under the laws of any other state or of the
5laws of the United States, as verified by court records,
6records from a state agency, or a Federal Bureau of
7Investigation criminal history records check, only with a
8waiver described in Section 40: those offenses defined in
9Section 12-3.3, 12-4.2-5, 16-2, 16-30, 16G-15, 16G-20, 17-33,
1017-34, 17-36, 17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6,
1124-3.2, or 24-3.3, or subsection (b) of Section 17-32,
12subsection (b) of Section 18-1, or subsection (b) of Section
1320-1, of the Criminal Code of 1961 or the Criminal Code of
142012; Section 4, 5, 6, 8, or 17.02 of the Illinois Credit Card
15and Debit Card Act; or Section 11-9.1A of the Criminal Code of
161961 or the Criminal Code of 2012 or Section 5.1 of the Wrongs
17to Children Act; or (ii) violated Section 50-50 of the Nurse
18Practice Act.
19    A health care employer is not required to retain an
20individual in a position with duties involving direct care for
21clients, patients, or residents, and no long-term care
22facility is required to retain an individual in a position
23with duties that involve or may involve contact with residents
24or access to the living quarters or the financial, medical, or
25personal records of residents, who has been convicted of
26committing or attempting to commit one or more of the offenses

 

 

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1enumerated in this subsection.
2    (b) A health care employer shall not hire, employ, or
3retain, whether paid or on a volunteer basis, any individual
4in a position with duties involving direct care of clients,
5patients, or residents, and no long-term care facility shall
6knowingly hire, employ, or retain, whether paid or on a
7volunteer basis, any individual in a position with duties that
8involve or may involve contact with residents or access to the
9living quarters or the financial, medical, or personal records
10of residents, if the health care employer becomes aware that
11the individual has been convicted in another state of
12committing or attempting to commit an offense that has the
13same or similar elements as an offense listed in subsection
14(a) or (a-1), as verified by court records, records from a
15state agency, or an FBI criminal history record check, unless
16the applicant or employee obtains a waiver pursuant to Section
1740 of this Act. This shall not be construed to mean that a
18health care employer has an obligation to conduct a criminal
19history records check in other states in which an employee has
20resided.
21    (c) A health care employer shall not hire, employ, or
22retain, whether paid or on a volunteer basis, any individual
23in a position with duties involving direct care of clients,
24patients, or residents, who has a finding by the Department of
25abuse, neglect, misappropriation of property, or theft denoted
26on the Health Care Worker Registry.

 

 

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1    (d) A health care employer shall not hire, employ, or
2retain, whether paid or on a volunteer basis, any individual
3in a position with duties involving direct care of clients,
4patients, or residents if the individual has a verified and
5substantiated finding of abuse, neglect, or financial
6exploitation, as identified within the Adult Protective
7Service Registry established under Section 7.5 of the Adult
8Protective Services Act.
9    (e) A health care employer shall not hire, employ, or
10retain, whether paid or on a volunteer basis, any individual
11in a position with duties involving direct care of clients,
12patients, or residents who has a finding by the Department of
13Human Services of physical or sexual abuse, financial
14exploitation, or egregious neglect of an individual denoted on
15the Health Care Worker Registry.
16(Source: P.A. 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.)
 
17    (225 ILCS 46/33)
18    Sec. 33. Fingerprint-based criminal history records check.
19    (a) A fingerprint-based criminal history records check is
20not required for health care employees who have been
21continuously employed by a health care employer since October
221, 2007, have met the requirements for criminal history
23background checks prior to October 1, 2007, and have no
24disqualifying convictions or requested and received a waiver
25of those disqualifying convictions. These employees shall be

 

 

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1retained on the Health Care Worker Registry as long as they
2remain active. Nothing in this subsection (a) shall be
3construed to prohibit a health care employer from initiating a
4criminal history records check for these employees. Should
5these employees seek a new position with a different health
6care employer, then a fingerprint-based criminal history
7records check shall be required.
8    (b) On October 1, 2007 or as soon thereafter as is
9reasonably practical, in the discretion of the Director of
10Public Health, and thereafter, any student, applicant, or
11employee who desires to be included on the Department of
12Public Health's Health Care Worker Registry shall authorize
13the Department of Public Health or its designee to request a
14fingerprint-based criminal history records check to determine
15if the individual has a conviction for a disqualifying
16offense. This authorization shall allow the Department of
17Public Health to request and receive information and
18assistance from any State or governmental agency. Each
19individual shall submit his or her fingerprints to the
20Illinois State Police in an electronic format that complies
21with the form and manner for requesting and furnishing
22criminal history record information prescribed by the Illinois
23State Police. Such fingerprints shall be transmitted through a
24livescan fingerprint vendor licensed by the Department of
25Financial and Professional Regulation. The fingerprints
26submitted under this Section shall be checked against the

 

 

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1Illinois State Police and Federal Bureau of Investigation
2criminal history record databases, now and hereafter filed,
3including, but not limited to, civil, criminal, and latent
4fingerprint databases. the fingerprint records now and
5hereafter filed in the Illinois State Police criminal history
6record databases. The Illinois State Police shall charge a fee
7for conducting the criminal history records check, which shall
8be deposited into the State Police Services Fund and shall not
9exceed the actual cost of the records check. The Illinois
10State Police shall furnish, pursuant to positive
11identification, records of Illinois convictions and shall
12forward the national criminal history record information to
13the department or agency. The Illinois State Police shall
14forward the applicant's fingerprints to the Federal Bureau of
15Investigation. The Illinois State Police shall request that
16the Federal Bureau of Investigation conduct a national
17criminal history pertaining to the applicant The livescan
18vendor may act as the designee for individuals, educational
19entities, or health care employers in the collection of
20Illinois State Police fees and deposit those fees into the
21State Police Services Fund. The Illinois State Police shall
22provide information concerning any criminal convictions, now
23or hereafter filed, against the individual.
24    (c) On October 1, 2007 or as soon thereafter as is
25reasonably practical, in the discretion of the Director of
26Public Health, and thereafter, an educational entity, other

 

 

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1than a secondary school, conducting a nurse aide training
2program shall initiate a fingerprint-based criminal history
3records check required by this Act prior to entry of an
4individual into the training program.
5    (d) On October 1, 2007 or as soon thereafter as is
6reasonably practical, in the discretion of the Director of
7Public Health, and thereafter, a health care employer who
8makes a conditional offer of employment to an applicant for a
9position as an employee shall initiate a fingerprint-based
10criminal history record check, requested by the Department of
11Public Health, on the applicant, if such a background check
12has not been previously conducted. Workforce intermediaries
13and organizations providing pro bono legal services may
14initiate a fingerprint-based criminal history record check if
15a conditional offer of employment has not been made and a
16background check has not been previously conducted for an
17individual who has a disqualifying conviction and is receiving
18services from a workforce intermediary or an organization
19providing pro bono legal services.
20    (e) When initiating a background check requested by the
21Department of Public Health, an educational entity, health
22care employer, workforce intermediary, or organization that
23provides pro bono legal services shall electronically submit
24to the Department of Public Health the student's, applicant's,
25or employee's social security number, demographics,
26disclosure, and authorization information in a format

 

 

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1prescribed by the Department of Public Health within 2 working
2days after the authorization is secured. The student,
3applicant, or employee shall have his or her fingerprints
4collected electronically and transmitted to the Illinois State
5Police within 10 working days. The educational entity, health
6care employer, workforce intermediary, or organization that
7provides pro bono legal services shall transmit all necessary
8information and fees to the livescan vendor and Illinois State
9Police within 10 working days after receipt of the
10authorization. This information and the results of the
11criminal history record checks shall be maintained by the
12Department of Public Health's Health Care Worker Registry.
13    (f) A direct care employer may initiate a
14fingerprint-based background check required by this Act for
15any of its employees, but may not use this process to initiate
16background checks for residents. The results of any
17fingerprint-based background check that is initiated with the
18Department as the requester shall be entered in the Health
19Care Worker Registry.
20    (g) As long as the employee or trainee has had a
21fingerprint-based criminal history record check required by
22this Act and stays active on the Health Care Worker Registry,
23no further criminal history record checks are required, as the
24Illinois State Police shall notify the Department of Public
25Health of any additional convictions associated with the
26fingerprints previously submitted. Health care employers shall

 

 

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1check the Health Care Worker Registry before hiring an
2employee to determine that the individual has had a
3fingerprint-based record check required by this Act and has no
4disqualifying convictions or has been granted a waiver
5pursuant to Section 40 of this Act. If the individual has not
6had such a background check or is not active on the Health Care
7Worker Registry, then the health care employer shall initiate
8a fingerprint-based record check requested by the Department
9of Public Health. If an individual is inactive on the Health
10Care Worker Registry, that individual is prohibited from being
11hired to work as a certified nursing assistant if, since the
12individual's most recent completion of a competency test,
13there has been a period of 24 consecutive months during which
14the individual has not provided nursing or nursing-related
15services for pay. If the individual can provide proof of
16having retained his or her certification by not having a
1724-consecutive-month break in service for pay, he or she may
18be hired as a certified nursing assistant and that employment
19information shall be entered into the Health Care Worker
20Registry.
21    (h) On October 1, 2007 or as soon thereafter as is
22reasonably practical, in the discretion of the Director of
23Public Health, and thereafter, if the Illinois State Police
24notifies the Department of Public Health that an employee has
25a new conviction of a disqualifying offense, based upon the
26fingerprints that were previously submitted, then (i) the

 

 

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1Health Care Worker Registry shall notify the employee's last
2known employer of the offense, (ii) a record of the employee's
3disqualifying offense shall be entered on the Health Care
4Worker Registry, and (iii) the individual shall no longer be
5eligible to work as an employee unless he or she obtains a
6waiver pursuant to Section 40 of this Act.
7    (i) On October 1, 2007, or as soon thereafter, in the
8discretion of the Director of Public Health, as is reasonably
9practical, and thereafter, each direct care employer or its
10designee shall provide an employment verification for each
11employee no less than annually. The direct care employer or
12its designee shall log into the Health Care Worker Registry
13through a secure login. The health care employer or its
14designee shall indicate employment and termination dates
15within 30 days after hiring or terminating an employee, as
16well as the employment category and type. Failure to comply
17with this subsection (i) constitutes a licensing violation. A
18fine of up to $500 may be imposed for failure to maintain these
19records. This information shall be used by the Department of
20Public Health to notify the last known employer of any
21disqualifying offenses that are reported by the Illinois State
22Police.
23    (j) In the event that an applicant or employee has a waiver
24for one or more disqualifying offenses pursuant to Section 40
25of this Act and he or she is otherwise eligible to work, the
26Health Care Worker Registry shall indicate that the applicant

 

 

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1or employee is eligible to work and that additional
2information is available on the Health Care Worker Registry.
3The Health Care Worker Registry may indicate that the
4applicant or employee has received a waiver.
5    (k) The student, applicant, or employee shall be notified
6of each of the following whenever a fingerprint-based criminal
7history records check is required:
8        (1) That the educational entity, health care employer,
9    or long-term care facility shall initiate a
10    fingerprint-based criminal history record check required
11    by this Act of the student, applicant, or employee.
12        (2) That the student, applicant, or employee has a
13    right to obtain a copy of the criminal records report that
14    indicates a conviction for a disqualifying offense and
15    challenge the accuracy and completeness of the report
16    through an established Illinois State Police procedure of
17    Access and Review.
18        (3) That the applicant, if hired conditionally, may be
19    terminated if the criminal records report indicates that
20    the applicant has a record of a conviction of any of the
21    criminal offenses enumerated in Section 25, unless the
22    applicant obtains a waiver pursuant to Section 40 of this
23    Act.
24        (4) That the applicant, if not hired conditionally,
25    shall not be hired if the criminal records report
26    indicates that the applicant has a record of a conviction

 

 

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1    of any of the criminal offenses enumerated in Section 25,
2    unless the applicant obtains a waiver pursuant to Section
3    40 of this Act.
4        (5) That the employee shall be terminated if the
5    criminal records report indicates that the employee has a
6    record of a conviction of any of the criminal offenses
7    enumerated in Section 25.
8        (6) If, after the employee has originally been
9    determined not to have disqualifying offenses, the
10    employer is notified that the employee has a new
11    conviction(s) of any of the criminal offenses enumerated
12    in Section 25, then the employee shall be terminated.
13    (l) A health care employer or long-term care facility may
14conditionally employ an applicant for up to 3 months pending
15the results of a fingerprint-based criminal history record
16check requested by the Department of Public Health.
17    (m) The Department of Public Health or an entity
18responsible for inspecting, licensing, certifying, or
19registering the health care employer or long-term care
20facility shall be immune from liability for notices given
21based on the results of a fingerprint-based criminal history
22record check.
23    (n) As used in this Section:
24    "Workforce intermediaries" means organizations that
25function to provide job training and employment services.
26Workforce intermediaries include institutions of higher

 

 

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1education, faith-based and community organizations, and
2workforce investment boards.
3    "Organizations providing pro bono legal services" means
4legal services performed without compensation or at a
5significantly reduced cost to the recipient that provide
6services designed to help individuals overcome statutory
7barriers that would prevent them from entering positions in
8the healthcare industry.
9(Source: P.A. 101-176, eff. 7-31-19; 102-538, eff. 8-20-21.)