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91_SB1114eng
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1 AN ACT regarding health care professionals.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Nursing Home Care Act is amended by
5 changing Sections 3-206, 3-206.01, and 3-206.02 as follows:
6 (210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206)
7 Sec. 3-206. The Department shall prescribe a curriculum
8 for training nursing assistants, habilitation aides, and
9 child care aides. nurse's aides, orderlies and nurse
10 technicians.
11 (a) No person, except a volunteer who receives no
12 compensation from a facility and is not included for the
13 purpose of meeting any staffing requirements set forth by the
14 Department, shall act as a nursing assistant, habilitation
15 aide, or child care aide nurse's aide, orderly or nurse
16 technician in a facility, nor shall any person, under any
17 other title, not licensed, certified, or registered to render
18 medical care by the Department of Professional Regulation,
19 assist with the personal, medical, or nursing care of
20 residents in a facility, unless such person meets the
21 following requirements:
22 (1) Be at least 16 years of age, of temperate
23 habits and good moral character, honest, reliable and
24 trustworthy;
25 (2) Be able to speak and understand the English
26 language or a language understood by a substantial
27 percentage of the facility's residents;
28 (3) Provide evidence of employment or occupation,
29 if any, and residence for 2 years prior to his present
30 employment;
31 (4) Have completed at least 8 years of grade school
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1 or provide proof of equivalent knowledge;
2 (5) Begin a current course of training for nursing
3 assistants, habilitation aides, or child care aides
4 nurse's aides, orderlies and nurse technicians, approved
5 by the Department, within 45 days of initial employment
6 in the capacity of a nursing assistant, habilitation
7 aide, or child care aide nurse's aide, orderly or nurse
8 technician at any facility. Such courses of training
9 shall be successfully completed within 120 days of
10 initial employment in the capacity of nursing assistant,
11 habilitation aide, or child care aide nurse's aide,
12 orderly or nurse technician at a facility. Nursing
13 assistants, habilitation aides, and child care aides
14 Nurse's aides, orderlies and nurse technicians who are
15 enrolled in approved courses in community colleges or
16 other educational institutions on a term, semester or
17 trimester basis, shall be exempt from the 120 day
18 completion time limit. The Department shall adopt rules
19 and regulations for such courses of training. These
20 rules and regulations shall include procedures for
21 facilities to carry on an approved course of training
22 within the facility.
23 The Department may accept comparable training in
24 lieu of the 120 hour course for student nurses, foreign
25 nurses, military personnel, or employes of the Department
26 of Human Services. However, no person who on the
27 effective date of this Act has been continuously employed
28 at the same facility for one year or has been employed at
29 more than one facility for 2 years as a nurse's aide,
30 orderly or nurse technician shall be required to complete
31 such a course of training, and no student intern shall be
32 required to complete a course of training.
33 Any person who is or will be employed as a nurse's
34 aide, orderly or nurse technician in a facility may elect
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1 to take a proficiency examination. Upon successful
2 completion of such proficiency examination, no person who
3 is or will be employed as a nurse's aide, orderly or
4 nurse technician shall be required to complete a course
5 of training as required by this Section. The Department
6 may, by rule, establish a recognized course which may be
7 taught in a facility. Persons enrolled in such course
8 shall be required to successfully complete the
9 proficiency examination within 120 days after the
10 commencement of employment. The Department shall adopt
11 rules and regulations governing the composition and
12 administration of such proficiency examinations.
13 The facility shall develop and implement procedures,
14 which shall be approved by the Department, for an ongoing
15 review process, which shall take place within the
16 facility, for nursing assistants, habilitation aides, and
17 child care aides nurse's aides, orderlies and nurse
18 technicians.
19 At the time of each regularly scheduled licensure
20 survey, or at the time of a complaint investigation, the
21 Department may require any nursing assistant,
22 habilitation aide, or child care aide nurse's aide,
23 orderly or nurse technician who is required to be trained
24 under this Section or who has successfully completed a
25 proficiency examination as described in this Section, to
26 demonstrate, either through written examination or
27 action, or both, sufficient knowledge in all areas of
28 required training. If such knowledge is inadequate the
29 Department shall require the nursing assistant,
30 habilitation aide, or child care aide nurse's aide,
31 orderly or nurse technician to complete inservice
32 training and review in the facility until the nursing
33 assistant, habilitation aide, or child care aide nurse's
34 aide, orderly or nurse technician demonstrates to the
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1 Department, either through written examination or action,
2 or both, sufficient knowledge in all areas of required
3 training; and
4 (6) Be familiar with and have general skills
5 related to resident care.
6 (a-0.5) An educational entity, other than a secondary
7 school, conducting a nursing assistant, habilitation aide, or
8 child care aide nurse aide training program shall initiate a
9 UCIA criminal history record check prior to entry of an
10 individual into the training program. A secondary school may
11 initiate a UCIA criminal history record check prior to the
12 entry of an individual into a training program.
13 (a-1) Nursing assistants, habilitation aides, or child
14 care aides Nurse aides seeking to be included on the nurse
15 aide registry on or after January 1, 1996 must authorize the
16 Department of Public Health or its designee that tests
17 nursing assistants nurse aides to request a UCIA criminal
18 history check and submit all necessary information.
19 (b) Persons subject to this Section shall perform their
20 duties under the supervision of a nurse.
21 (c) It is unlawful for any facility to employ any person
22 in the capacity of nursing assistant, habilitation aide, or
23 child care aide nurse's aide, orderly or nurse technician, or
24 under any other title, not licensed by the State of Illinois
25 to assist in the personal, medical, or nursing care of
26 residents in such facility unless such person has complied
27 with this Section.
28 (d) Proof of compliance by each employee with the
29 requirements set out in this Section shall be maintained for
30 each such employee by each facility in the individual
31 personnel folder of the employee.
32 (e) Each facility shall certify to the Department on a
33 form provided by the Department the name and residence
34 address of each employee, and that each employee subject to
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1 this Section meets all the requirements of this Section.
2 (f) Any facility that which is operated under Section
3 3-803 shall be exempt from the requirements of this Section.
4 (g) Each skilled nursing and intermediate care facility
5 that which admits persons who are diagnosed as having
6 Alzheimer's disease or related dementias shall require all
7 nursing assistants, habilitation aides, or child care aides
8 nurse's aides, orderlies and nurse technicians, who did not
9 receive 12 hours of training in the care and treatment of
10 such residents during the training required under paragraph
11 (5) of subsection (a), to obtain 12 hours of in-house
12 training in the care and treatment of such residents. If the
13 facility does not provide the training in-house, the training
14 shall be obtained from other facilities, community colleges
15 or other educational institutions that which have a
16 recognized course for such training. The Department shall,
17 by rule, establish a recognized course for such training;
18 however, no such additional hours of training shall be
19 required of any nurse's aide, orderly or nurse technician
20 employed in such capacity on the effective date of this
21 amendatory Act of 1987. The Department's rules shall provide
22 that such training may be conducted in-house at each facility
23 subject to the requirements of this subsection, in which case
24 such training shall be monitored by the Department.
25 The Department's rules shall also provide for
26 circumstances and procedures whereby any person who has
27 received such training that which meets the requirements of
28 this subsection shall not be required to undergo additional
29 training if he or she is transferred to or obtains employment
30 at a different facility but remains continuously employed as
31 a nursing assistant, habilitation aide, or child care aide
32 nurse's aide, orderly or nurse technician. Licensed
33 sheltered care facilities shall be exempt from the
34 requirements of this Section.
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1 (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)
2 (210 ILCS 45/3-206.01) (from Ch. 111 1/2, par.
3 4153-206.01)
4 Sec. 3-206.01. The Department shall establish and
5 maintain a registry of all individuals who have
6 satisfactorily completed the training required by Section
7 3-206 and who have not been disqualified pursuant to the
8 Health Care Background Check Act. The registry shall include
9 the name of the nursing assistant, habilitation aide, or
10 child care aide nurse aide, his or her current address,
11 Social Security number, and the date and location of the
12 training course completed by the individual aide, and the
13 date of the individual's nurse aide's last criminal records
14 check. Any individual nurse aide placed on the registry is
15 required to inform the Department of any change of address
16 within 30 days. A facility shall not employ an individual as
17 a nursing assistant, habilitation aide, or child care aide
18 nurse aide unless the facility has inquired of the Department
19 as to information in the registry concerning the individual
20 and shall not employ anyone not on the registry unless the
21 individual is enrolled in a training program under paragraph
22 (5) of subsection (a) of Section 3-206 of this Act.
23 If the Department finds that a nursing assistant,
24 habilitation aide, or child care aide nurse aide has abused a
25 resident, neglected a resident, or misappropriated resident
26 property in a facility, the Department shall notify the
27 individual nurse aide of this finding by certified mail sent
28 to the address contained in the registry. The notice shall
29 give the individual nurse aide an opportunity to contest the
30 finding in a hearing before the Department or to submit a
31 written response to the findings in lieu of requesting a
32 hearing. If, after a hearing or if the individual nurse aide
33 does not request a hearing, the Department finds that the
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1 individual nurse aide abused a resident, neglected a
2 resident, or misappropriated resident property in a facility,
3 the finding shall be included as part of the nurse aide
4 registry as well as a brief statement from the individual,
5 nurse aide if he or she chooses to make such a statement. The
6 Department shall make available to the public information in
7 the registry available to the public. In the case of
8 inquiries to the registry concerning an individual listed in
9 the registry, any information disclosed concerning such a
10 finding shall also include disclosure of any statement in the
11 registry relating to the finding or a clear and accurate
12 summary of the statement.
13 (Source: P.A. 89-197, eff. 7-21-95.)
14 (210 ILCS 45/3-206.02) (from Ch. 111 1/2, par.
15 4153-206.02)
16 Sec. 3-206.02. (a) The Department, after notice to the
17 nursing assistant, habilitation aide, or child care aide
18 nurse aide, may denote that suspend or remove a nurse aide
19 from the registry in any case in which the Department has
20 found finds any of the following:
21 (1) The nursing assistant, habilitation aide, or
22 child care aide nurse aide has abused a resident.
23 (2) The nursing assistant, habilitation aide, or
24 child care aide nurse aide has neglected a resident.
25 (3) The nursing assistant, habilitation aide, or
26 child care aide nurse aide has misappropriated resident
27 property.
28 (4) The nursing assistant, habilitation aide, or
29 child care aide nurse aide has been convicted of (i) a
30 felony, (ii) a misdemeanor, an essential element of which
31 is dishonesty, or (iii) any crime that is directly
32 related to the duties of a nursing assistant,
33 habilitation aide, or child care aide nurse aide.
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1 (b) Notice under this Section shall include a clear and
2 concise statement of the grounds denoting abuse, neglect, or
3 theft on which the suspension or removal is based and notice
4 of the opportunity for a hearing to contest the designation
5 suspension or removal.
6 (c) The Department may suspend or remove denote any
7 nursing assistant, habilitation aide, or child care aide on
8 nurse aide from the registry who fails (i) to file a return,
9 (ii) to pay the tax, penalty or interest shown in a filed
10 return, or (iii) to pay any final assessment of tax, penalty
11 or interest, as required by any tax Act administered by the
12 Illinois Department of Revenue, until the time the
13 requirements of the tax Act are satisfied.
14 (c-1) The Department shall document criminal background
15 check results remove a nurse aide from the registry pursuant
16 to the requirements of the Health Care Worker Background
17 Check Act.
18 (d) In the case of a designation of neglect under
19 subsection (a)(2), a nursing assistant, habilitation aide, or
20 child care aide may petition the Department for removal of
21 the designation upon a determination by the Department that:
22 (1) the employment and personal history of the
23 nursing assistant, habilitation aide, or child care aide
24 do not reflect a pattern of abusive behavior or neglect;
25 and
26 (2) the event involved in the original finding was
27 a singular occurrence.
28 In no case shall a determination on a petition submitted
29 under this subsection be made prior to the expiration of the
30 one year period beginning on the date on which the
31 designation was added under subsection (a)(2). At any time
32 after the suspension or removal from the registry pursuant to
33 subsection (a), (b), or (c) of this Section, a nurse aide may
34 petition the Department for reinstatement on the registry.
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1 The Department may reinstate the nurse aide on the registry
2 unless, after an investigation and a hearing, the Department
3 determines that reinstatement is not in the public interest.
4 (Source: P.A. 89-197, eff. 7-21-95.)
5 Section 10. The Health Care Worker Background Check Act
6 is amended by changing Sections 15, 20, 25, 30, 35, 40, 55,
7 and 60 as follows:
8 (225 ILCS 46/15)
9 Sec. 15. Definitions. For the purposes of this Act, the
10 following definitions apply:
11 "Applicant" means an individual seeking employment with a
12 health care employer who has received a bona fide conditional
13 offer of employment.
14 "Conditional offer of employment" means a bona fide offer
15 of employment by a health care employer to an applicant,
16 which is contingent upon the receipt of a report from the
17 Department of State Police indicating that the applicant does
18 not have a record of conviction of any of the criminal
19 offenses enumerated in Section 25.
20 "Direct care" means the provision of nursing care or
21 assistance with feeding meals, dressing, movement, bathing,
22 toileting, or other personal needs. The entity responsible
23 for inspecting and licensing, certifying, or registering the
24 health care employer may, by administrative rule, prescribe
25 guidelines for interpreting this definition with regard to
26 the health care employers that it licenses. or maintenance,
27 or general supervision and oversight of the physical and
28 mental well-being of an individual who is incapable of
29 managing his or her person whether or not a guardian has been
30 appointed for that individual.
31 "Health care employer" means:
32 (1) the owner or licensee of any of the following:
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1 (i) a community living facility, as defined in the
2 Community Living Facilities Act;
3 (ii) a life care facility, as defined in the Life
4 Care Facilities Act;
5 (iii) a long-term care facility, as defined in the
6 Nursing Home Care Act;
7 (iv) a home health agency, as defined in the Home
8 Health Agency Licensing Act;
9 (v) a full hospice, as defined in the Hospice
10 Program Licensing Act;
11 (vi) a hospital, as defined in the Hospital
12 Licensing Act;
13 (vii) a community residential alternative, as
14 defined in the Community Residential Alternatives
15 Licensing Act;
16 (viii) a nurse agency, as defined in the Nurse
17 Agency Licensing Act;
18 (ix) a respite care provider, as defined in the
19 Respite Program Act;
20 (x) a supportive living program, as defined in the
21 Illinois Public Aid Code;
22 (xi) early childhood intervention programs as
23 described in 59 Ill. Adm. Code 121;
24 (xii) the University of Illinois Hospital, Chicago;
25
26 (xiii) programs funded by the Department on Aging
27 through the Community Care Program;
28 (xiv) programs certified to participate in the
29 Supportive Living Program authorized pursuant to Section
30 5-5.01a of the Illinois Public Aid Code;
31 (xv) programs listed by the Emergency Medical
32 Services (EMS) Systems Act as Freestanding Emergency
33 Centers;
34 (xvi) locations licensed under the Alternative
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1 Health Care Delivery Act;
2 (2) a day training program certified by the Department
3 of Human Services; or
4 (3) a community integrated living arrangement operated
5 by a community mental health and developmental service
6 agency, as defined in the Community-Integrated Living
7 Arrangements Licensing and Certification Act.
8 "Initiate" means the obtaining of the authorization for a
9 record check from a student, applicant, or employee. The
10 educational entity or health care employer or its designee
11 shall transmit all necessary information and fees to the
12 Illinois State Police within 10 working days after receipt of
13 the authorization.
14 (Source: P.A. 89-197, eff. 7-21-95; 89-507, eff. 7-1-97;
15 89-674, eff. 8-14-96; 90-14, eff. 7-1-97; 90-776, eff.
16 1-1-99.)
17 (225 ILCS 46/20)
18 Sec. 20. Exceptions.
19 (1) This Act shall not apply to:
20 (a) an individual who is licensed by the Department
21 of Professional Regulation or the Department of Public
22 Health under another law of this State;
23 (b) an individual employed or retained by a health
24 care employer for whom a criminal background check is
25 required by another law of this State; or
26 (c) a student in a licensed health care field
27 including, but not limited to, a student nurse, a
28 physical therapy student, or a respiratory care student
29 unless he or she is employed by a health care employer in
30 a position with duties involving direct care for clients,
31 patients, or residents.
32 (2) A UCIA criminal history records check need not be
33 redone by the University of Illinois Hospital, Chicago (U of
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1 I) or a program funded by the Department on Aging through the
2 Community Care Program (CCP) if the U of I or the CCP: (i)
3 has done a UCIA check on the individual; (ii) has
4 continuously employed the individual since the UCIA criminal
5 records check was done; and (iii) has taken actions with
6 respect to this Act within 12 months after the effective date
7 of this amendatory Act of the 91st General Assembly.
8 (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)
9 (225 ILCS 46/25)
10 Sec. 25. Persons ineligible to be hired by health care
11 employers.
12 (a) After January 1, 1996, or January 1, 1997, as
13 applicable, no health care employer shall knowingly hire,
14 employ, or retain any individual in a position with duties
15 involving direct care for clients, patients, or residents,
16 who has been convicted of committing or attempting to commit
17 one or more of the offenses defined in Sections 8-1.1, 8-1.2,
18 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,
19 10-3, 10-3.1, 10-4, 10-5, 10-7, 11-6, 11-9.1, 11-19.2,
20 11-20.1, 12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-4, 12-4.1,
21 12-4.2, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4,
22 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-19, 12-21,
23 12-21.6, 12-32, 12-33, 16-1, 16-1.3, 16A-3, 17-3, 18-1, 18-2,
24 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 20-1, 20-1.1, 24-1,
25 24-1.2, 24-1.5, or 33A-2 of the Criminal Code of 1961; those
26 provided in Section 4 of the Wrongs to Children Act; those
27 provided in Section 53 of the Criminal Jurisprudence Act;
28 those defined in Section 5, 5.1, 5.2, 7, or 9 of the Cannabis
29 Control Act; or those defined in Sections 401, 401.1, 404,
30 405, 405.1, 407, or 407.1 of the Illinois Controlled
31 Substances Act, unless the applicant or employee obtains a
32 waiver pursuant to Section 40.
33 (b) A health care employer shall not hire, employ, or
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1 retain any individual in a position with duties involving
2 direct care of clients, patients, or residents if the health
3 care employer becomes aware that the individual has been
4 convicted in another state of committing or attempting to
5 commit an offense that has the same or similar elements as an
6 offense listed in subsection (a), as verified by court
7 records, records from a state agency, or an FBI criminal
8 history record check. This shall not be construed to mean
9 that a health care employer has an obligation to conduct a
10 criminal history records check in other states in which an
11 employee has resided.
12 (Source: P.A. 89-197, eff. 7-21-95; 89-428, eff. 12-13-95;
13 89-462, eff. 5-29-96; P.A. 90-441, eff. 1-1-98.)
14 (225 ILCS 46/30)
15 Sec. 30. Non-fingerprint based UCIA criminal records
16 check.
17 (a) Beginning on January 1, 1997 the effective date of
18 this amendatory Act of 1996, an educational entity, other
19 than a secondary school, conducting a nurse aide training
20 program must initiate a UCIA criminal history records check
21 prior to entry of an individual into the training program. A
22 nurse aide seeking to be included on the nurse aide registry
23 shall authorize the Department of Public Health or its
24 designee that tests nurse aides or the health care employer
25 or its designee to request a criminal history record check
26 pursuant to the Uniform Conviction Information Act (UCIA) for
27 each nurse aide applying for inclusion on the State nurse
28 aide registry. Any nurse aide not submitting the required
29 authorization and information for the record check will not
30 be added to the State nurse aide registry. A nurse aide will
31 not be entered on the State nurse aide registry if the report
32 from the Department of State Police indicates that the nurse
33 aide has a record of conviction of any of the criminal
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1 offenses enumerated in Section 25 unless the nurse aide's
2 identity is validated and it is determined that the nurse
3 aide does not have a disqualifying criminal history record
4 based upon a fingerprint-based records check pursuant to
5 Section 35 or the nurse aide receives a waiver pursuant to
6 Section 40.
7 (b) The Department of Public Health shall notify each
8 health care employer inquiring as to the information on the
9 State nurse aide registry of the date of the nurse aide's
10 last UCIA criminal history record check. If it has been more
11 than one year since the records check, the health care
12 employer must initiate or have initiated on his or her behalf
13 a UCIA criminal history record check for the nurse aide
14 pursuant to this Section. The health care employer must send
15 a copy of the results of the record check to the State nurse
16 aide registry for an individual employed as a nurse aide.
17 (c) Beginning January 1, 1996, a health care employer
18 who makes a conditional offer of employment to an applicant
19 other than a nurse aide for position with duties that involve
20 direct care for clients, patients, or residents must initiate
21 or have initiated on his or her behalf a UCIA criminal
22 history record check for that applicant.
23 (d) No later than January 1, 1997, a health care
24 employer must initiate or have initiated on his or her behalf
25 a UCIA criminal history record check for all employees other
26 than those enumerated in subsections (a), (b), and (c) of
27 this Section with duties that involve direct care for
28 clients, patients, or residents. A health care employer
29 having actual knowledge from a source other than a
30 non-fingerprint check that an employee has been convicted of
31 committing or attempting to commit one of the offenses
32 enumerated in Section 25 of this Act must initiate a
33 fingerprint-based background check within 10 working days of
34 acquiring that knowledge. The employer may continue to
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1 employ that individual in a direct care position, may
2 reassign that individual to a non-direct care position, or
3 may suspend the individual until the results of the
4 fingerprint-based background check are received.
5 (e) The request for a UCIA criminal history record check
6 must be in the form prescribed by the Department of State
7 Police.
8 (f) The applicant or employee must be notified of the
9 following whenever a non-fingerprint check is made:
10 (i) that the health care employer shall request or
11 have requested on his or her behalf a UCIA criminal
12 history record check pursuant to this Act;
13 (ii) that the applicant or employee has a right to
14 obtain a copy of the criminal records report from the
15 health care employer, challenge the accuracy and
16 completeness of the report, and request a waiver under
17 Section 40 of this Act;
18 (iii) that the applicant, if hired conditionally,
19 may be terminated if the criminal records report
20 indicates that the applicant has a record of conviction
21 of any of the criminal offenses enumerated in Section 25
22 unless the applicant's identity is validated and it is
23 determined that the applicant does not have a
24 disqualifying criminal history record based on a
25 fingerprint-based records check pursuant to Section 35.
26 (iv) that the applicant, if not hired
27 conditionally, shall not be hired if the criminal records
28 report indicates that the applicant has a record of
29 conviction of any of the criminal offenses enumerated in
30 Section 25 unless the applicant's record is cleared based
31 on a fingerprint-based records check pursuant to Section
32 35.
33 (v) that the employee may be terminated if the
34 criminal records report indicates that the employee has a
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1 record of conviction of any of the criminal offenses
2 enumerated in Section 25 unless the employee's record is
3 cleared based on a fingerprint-based records check
4 pursuant to Section 35.
5 (g) A health care employer may conditionally employ an
6 applicant to provide direct care for up to 3 months pending
7 the results of a UCIA criminal history record check.
8 (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)
9 (225 ILCS 46/35)
10 Sec. 35. Fingerprint-based UCIA criminal records check.
11 An applicant, employee, or nurse aide whose UCIA criminal
12 history record check indicates a conviction for committing or
13 attempting to commit one or more of the offenses enumerated
14 in subsection (a) of Section 25 may request that the health
15 care employer or its designee commence a fingerprint-based
16 UCIA criminal records check by submitting any necessary fees
17 and information in a form and manner prescribed by the
18 Department of State Police within 30 days after receipt of
19 the criminal records report. The fee for a fingerprint-based
20 UCIA criminal records check shall not exceed the actual cost
21 of the records check.
22 (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)
23 (225 ILCS 46/40)
24 Sec. 40. Waiver.
25 (a) An applicant, employee, or nurse aide may request a
26 waiver of the prohibition against employment by submitting
27 the following information to the entity responsible for
28 inspecting, licensing, certifying, or registering the health
29 care employer within 5 working days after the receipt of the
30 criminal records report:
31 (1) Information necessary to initiate a
32 fingerprint-based UCIA criminal records check in a form
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1 and manner prescribed by the Department of State Police;
2 and
3 (2) The fee for a fingerprint-based UCIA criminal
4 records check, which shall not exceed the actual cost of
5 the record check.
6 (a-5) The entity responsible for inspecting, licensing,
7 certifying, or registering the health care employer may
8 accept the results of the fingerprint-based UCIA criminal
9 records check instead of the items required by paragraphs (1)
10 and (2) of subsection (a).
11 (b) The entity responsible for inspecting, licensing,
12 certifying, or registering the health care employer may grant
13 a waiver based upon any mitigating circumstances, which may
14 include, but need not be limited to:
15 (1) The age of the individual at which the crime
16 was committed;
17 (2) The circumstances surrounding the crime;
18 (3) The length of time since the conviction;
19 (4) The applicant or employee's criminal history
20 since the conviction;
21 (5) The applicant or employee's work history;
22 (6) The applicant or employee's current employment
23 references;
24 (7) The applicant or employee's character
25 references;
26 (8) Nurse aide registry records; and
27 (9) Other evidence demonstrating the ability of the
28 applicant or employee to perform the employment
29 responsibilities competently and evidence that the
30 applicant or employee does not pose a threat to the
31 health or safety of residents, patients, or clients.
32 (c) The entity responsible for inspecting, licensing,
33 certifying, or registering a health care employer must inform
34 the health care employer if a waiver is being sought and must
SB1114 Engrossed -18- LRB9102450ACtm
1 act upon the waiver request within 30 days of receipt of all
2 necessary information, as defined by rule.
3 (d) An individual shall not be employed in a direct care
4 position from the time that the employer receives the results
5 of a non-fingerprint check containing disqualifying
6 conditions until the time that the individual receives a
7 waiver from the Department. If the individual challenges the
8 results of the non-fingerprint check, the employer may
9 continue to employ the individual in a direct care position
10 if the individual presents convincing evidence to the
11 employer that the non-fingerprint check is invalid. If the
12 individual challenges the results of the non-fingerprint
13 check, his or her identity shall be validated by a
14 fingerprint-based records check in accordance with Section
15 35. An individual may not be employed in a direct care
16 position during the pendency of a waiver request.
17 (e) The entity responsible for inspecting, licensing,
18 certifying, or registering the health care employer shall be
19 immune from liability for any waivers granted under this
20 Section.
21 (f) A health care employer is not obligated to employ or
22 offer permanent employment to an applicant, or to retain an
23 employee who is granted a waiver under this Section.
24 (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)
25 (225 ILCS 46/55)
26 Sec. 55. Immunity from liability. A health care
27 employer shall not be liable for the failure to hire or to
28 retain an applicant or employee who has been convicted of
29 committing or attempting to commit one or more of the
30 offenses enumerated in subsection (a) of Section 25 of this
31 the Act. However, if a health care worker is suspended from
32 employment based on the results of a criminal background
33 check conducted under this Act and the results prompting the
SB1114 Engrossed -19- LRB9102450ACtm
1 suspension are subsequently found to be inaccurate, the
2 health care worker is entitled to recover backpay from his or
3 her health care employer for the suspension period provided
4 that the employer is the cause of the inaccuracy.
5 No health care employer shall be chargeable for any
6 benefit charges that result from the payment of unemployment
7 benefits to any claimant when the claimant's separation from
8 that employer occurred because the claimant's criminal
9 background included an offense enumerated in subsection (a)
10 of Section 25, or the claimant's separation from that health
11 care employer occurred as a result of the claimant violating
12 a policy that the employer was required to maintain pursuant
13 to the Drug Free Workplace Act.
14 (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96;
15 90-441, eff. 1-1-98.)
16 (225 ILCS 46/60)
17 Sec. 60. Offense.
18 (a) Any person whose profession is job counseling who
19 knowingly counsels any person who has been convicted of
20 committing or attempting to commit any of the offenses
21 enumerated in subsection (a) of Section 25 to apply for a
22 position with duties involving direct contact with a client,
23 patient, or resident of a health care employer shall be
24 guilty of a Class A misdemeanor unless a waiver is granted
25 pursuant to Section 40 of this Act.
26 (b) Subsection (a) does not apply to an individual
27 performing official duties in connection with the
28 administration of the State employment service described in
29 Section 1705 of the Unemployment Insurance Act.
30 (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)
31 Section 99. Effective date. This Act takes effect
32 January 1, 2000.
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