SB1965 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1965

 

Introduced 2/15/2019, by Sen. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 46/33
225 ILCS 46/40

    Amends the Health Care Worker Background Check Act. Provides that an individual otherwise qualified for and intending to apply for a direct care position who has a disqualifying conviction may initiate a fingerprint-based criminal history record check where a conditional offer of employment has not been made and such a background check has not been previously conducted, and allows those individuals to request a waiver of the prohibition of employment. Effective immediately.


LRB101 10223 JRG 55327 b

 

 

A BILL FOR

 

SB1965LRB101 10223 JRG 55327 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 33 and 40 as follows:
 
6    (225 ILCS 46/33)
7    Sec. 33. Fingerprint-based criminal history records check.
8    (a) A fingerprint-based criminal history records check is
9not required for health care employees who have been
10continuously employed by a health care employer since October
111, 2007, have met the requirements for criminal history
12background checks prior to October 1, 2007, and have no
13disqualifying convictions or requested and received a waiver of
14those disqualifying convictions. These employees shall be
15retained on the Health Care Worker Registry as long as they
16remain active. Nothing in this subsection (a) shall be
17construed to prohibit a health care employer from initiating a
18criminal history records check for these employees. Should
19these employees seek a new position with a different health
20care employer, then a fingerprint-based criminal history
21records check shall be required.
22    (b) On October 1, 2007 or as soon thereafter as is
23reasonably practical, in the discretion of the Director of

 

 

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1Public Health, and thereafter, any student, applicant, or
2employee who desires to be included on the Department of Public
3Health's Health Care Worker Registry shall authorize the
4Department of Public Health or its designee to request a
5fingerprint-based criminal history records check to determine
6if the individual has a conviction for a disqualifying offense.
7This authorization shall allow the Department of Public Health
8to request and receive information and assistance from any
9State or governmental agency. Each individual shall submit his
10or her fingerprints to the Department of State Police in an
11electronic format that complies with the form and manner for
12requesting and furnishing criminal history record information
13prescribed by the Department of State Police. The fingerprints
14submitted under this Section shall be checked against the
15fingerprint records now and hereafter filed in the Department
16of State Police criminal history record databases. The
17Department of State Police shall charge a fee for conducting
18the criminal history records check, which shall not exceed the
19actual cost of the records check. The livescan vendor may act
20as the designee for individuals, educational entities, or
21health care employers in the collection of Department of State
22Police fees and deposit those fees into the State Police
23Services Fund. The Department of State Police shall provide
24information concerning any criminal convictions, now or
25hereafter filed, against the individual.
26    (c) On October 1, 2007 or as soon thereafter as is

 

 

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

 

 

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1secured. The student, applicant, or employee shall have his or
2her fingerprints collected electronically and transmitted to
3the Department of State Police within 10 working days. The
4educational entity or health care employer shall transmit all
5necessary information and fees to the livescan vendor and
6Department of State Police within 10 working days after receipt
7of the authorization. This information and the results of the
8criminal history record checks shall be maintained by the
9Department of Public Health's Health Care Worker Registry.
10    (f) A direct care employer may initiate a fingerprint-based
11background check required by this Act for any of its employees,
12but may not use this process to initiate background checks for
13residents. The results of any fingerprint-based background
14check that is initiated with the Department as the requester
15shall be entered in the Health Care Worker Registry.
16    (g) As long as the employee has had a fingerprint-based
17criminal history record check required by this Act and stays
18active on the Health Care Worker Registry, no further criminal
19history record checks are required, as the Department of State
20Police shall notify the Department of Public Health of any
21additional convictions associated with the fingerprints
22previously submitted. Health care employers shall check the
23Health Care Worker Registry before hiring an employee to
24determine that the individual has had a fingerprint-based
25record check required by this Act and has no disqualifying
26convictions or has been granted a waiver pursuant to Section 40

 

 

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1of this Act. If the individual has not had such a background
2check or is not active on the Health Care Worker Registry, then
3the health care employer shall initiate a fingerprint-based
4record check requested by the Department of Public Health. If
5an individual is inactive on the Health Care Worker Registry,
6that individual is prohibited from being hired to work as a
7certified nursing assistant if, since the individual's most
8recent completion of a competency test, there has been a period
9of 24 consecutive months during which the individual has not
10provided nursing or nursing-related services for pay. If the
11individual can provide proof of having retained his or her
12certification by not having a 24-consecutive-month break in
13service for pay, he or she may be hired as a certified nursing
14assistant and that employment information shall be entered into
15the Health Care Worker Registry.
16    (h) On October 1, 2007 or as soon thereafter as is
17reasonably practical, in the discretion of the Director of
18Public Health, and thereafter, if the Department of State
19Police notifies the Department of Public Health that an
20employee has a new conviction of a disqualifying offense, based
21upon the fingerprints that were previously submitted, then (i)
22the Health Care Worker Registry shall notify the employee's
23last known employer of the offense, (ii) a record of the
24employee's disqualifying offense shall be entered on the Health
25Care Worker Registry, and (iii) the individual shall no longer
26be eligible to work as an employee unless he or she obtains a

 

 

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

 

 

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

 

 

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1    enumerated in Section 25.
2        (6) If, after the employee has originally been
3    determined not to have disqualifying offenses, the
4    employer is notified that the employee has a new
5    conviction(s) of any of the criminal offenses enumerated in
6    Section 25, then the employee shall be terminated.
7    (l) A health care employer or long-term care facility may
8conditionally employ an applicant for up to 3 months pending
9the results of a fingerprint-based criminal history record
10check requested by the Department of Public Health.
11    (m) The Department of Public Health or an entity
12responsible for inspecting, licensing, certifying, or
13registering the health care employer or long-term care facility
14shall be immune from liability for notices given based on the
15results of a fingerprint-based criminal history record check.
16(Source: P.A. 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.)
 
17    (225 ILCS 46/40)
18    Sec. 40. Waiver.
19    (a) Any student, applicant, individual otherwise qualified
20for and intending to apply for a direct care position, or
21employee listed on the Health Care Worker Registry may request
22a waiver of the prohibition against employment by:
23        (1) completing a waiver application on a form
24    prescribed by the Department of Public Health;
25        (2) providing a written explanation of each conviction

 

 

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1    to include (i) what happened, (ii) how many years have
2    passed since the offense, (iii) the individuals involved,
3    (iv) the age of the applicant at the time of the offense,
4    and (v) any other circumstances surrounding the offense;
5    and
6        (3) providing official documentation showing that all
7    fines have been paid, if applicable and except for in the
8    instance of payment of court-imposed fines or restitution
9    in which the applicant is adhering to a payment schedule,
10    and the date probation or parole was satisfactorily
11    completed, if applicable.
12    (b) The applicant may, but is not required to, submit
13employment and character references and any other evidence
14demonstrating the ability of the applicant or employee to
15perform the employment responsibilities competently and
16evidence that the applicant or employee does not pose a threat
17to the health or safety of residents, patients, or clients.
18    (c) The Department of Public Health may, at the discretion
19of the Director of Public Health, grant a waiver to an
20applicant, student, or employee listed on the Health Care
21Worker Registry. The Department of Public Health shall act upon
22the waiver request within 30 days of receipt of all necessary
23information, as defined by rule. The Department of Public
24Health shall send an applicant, student, or employee written
25notification of its decision whether to grant a waiver,
26including listing the specific disqualifying offenses for

 

 

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1which the waiver is being granted or denied. The Department
2shall issue additional copies of this written notification upon
3the applicant's, student's, or employee's request.
4    (d) An individual shall not be employed from the time that
5the employer receives a notification from the Department of
6Public Health based upon the results of a fingerprint-based
7criminal history records check containing disqualifying
8conditions until the time that the individual receives a
9waiver.
10    (e) The entity responsible for inspecting, licensing,
11certifying, or registering the health care employer and the
12Department of Public Health shall be immune from liability for
13any waivers granted under this Section.
14    (f) A health care employer is not obligated to employ or
15offer permanent employment to an applicant, or to retain an
16employee who is granted a waiver under this Section.
17(Source: P.A. 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.