Public Act 100-0297
 
HB0481 EnrolledLRB100 06343 MJP 16381 b


  
    AN ACT concerning regulation.
  
 
    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 
Section 3-206 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.

    (a) No person, except a volunteer who receives no 
compensation from a
facility and is not included for the 
purpose of meeting any staffing
requirements set forth by the 
Department, shall act as a nursing assistant,
habilitation 
aide, or child care aide in a facility, nor shall any person, 
under any
other title, not licensed, certified, or registered 
to render medical care
by the Department of Professional 
Regulation,  assist  with  the
personal, medical, or nursing care 
of residents in a facility, unless such
person meets the 
following requirements:


        (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, 
    approved by the Department, within 45 days of initial

    employment in the capacity of a nursing assistant, 
    habilitation aide, or
child care aide
at any facility.  Such 
    courses of training shall be successfully completed
within 
    120 days of initial employment in the capacity of nursing 
    assistant,
habilitation aide, or child care aide at a 
    facility. Nursing assistants, habilitation
aides, and 
    child care aides who are enrolled in approved courses in 
    community
colleges or other educational institutions on a 
    term, semester or trimester
basis, shall be exempt from the 
    120 day completion time limit.  The
Department shall adopt 
    rules for such courses of training.
These rules shall 
    include procedures for facilities to
carry on an approved 
    course of training within the facility. The Department 
    shall allow an individual to satisfy the supervised 
    clinical experience requirement for placement on the 
    Health Care Worker Registry under 77 Ill. Adm. Code 300.663 
    through supervised clinical experience at an assisted 
    living establishment licensed under the Assisted Living 
    and Shared Housing Act. The Department shall adopt rules 
    requiring that the Health Care Worker Registry include 
    information identifying where an individual on the Health 
    Care Worker Registry received his or her clinical training. 


        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.


        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.


        At the time of each regularly scheduled licensure 
    survey, or at the time
of a complaint investigation, the 
    Department may require any nursing
assistant, habilitation 
    aide, or child care aide to demonstrate, either through 
    written
examination or action, or both, sufficient 
    knowledge in all areas of
required training.  If such 
    knowledge is inadequate the Department shall
require the 
    nursing assistant, habilitation aide, or child care aide to 
    complete inservice
training and review in the facility 
    until the nursing assistant, habilitation
aide, or child 
    care aide demonstrates to the Department, either through 
    written
examination or action, or both, sufficient 
    knowledge in all areas of
required training.


        (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
training program
shall initiate a criminal 
history record check in accordance with the Health Care Worker 
Background Check Act prior to entry of an
individual into the 
training program.
A secondary school may initiate a criminal 
history record check in accordance with the Health Care Worker 
Background Check Act at any time during or after a training 
program.

    (a-1) Nursing assistants, habilitation aides, or child 
care aides seeking to be included on the registry maintained 
under Section 3-206.01 on or
after January 1, 1996 must 
authorize the Department of Public Health or its
designee
to 
request a criminal history record check in accordance with the 
Health Care Worker Background Check Act and submit all 
necessary
information. An individual may not newly be included  
on the registry unless a criminal history record check has been 
conducted with respect to the individual. 

    (b) Persons subject to this Section shall perform their 
duties under the
supervision of a licensed nurse.

    (c) It is unlawful for any facility to employ any person in 
the capacity
of nursing assistant, habilitation aide, or child 
care aide, or under any other title, not
licensed by the State 
of Illinois to assist in the personal, medical, or
nursing care 
of residents in such facility unless such person has complied

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. Proof of training shall be obtained 
only from the health care worker registry. 

    (e) Each facility shall obtain access to the health care 
worker registry's web application, maintain the employment and 
demographic information relating to each employee, and verify 
by the category and type of employment that
each employee 
subject to this Section meets all the requirements of this

Section.

    (f) Any facility that is operated under Section 3-803 shall 
be
exempt
from the requirements of this Section.

    (g) Each skilled nursing and intermediate care facility 
that
admits
persons who are diagnosed as having Alzheimer's 
disease or related
dementias shall require all nursing 
assistants, habilitation aides, or child
care aides, who did 
not receive 12 hours of training in the care and
treatment of 
such residents during the training required under paragraph
(5) 
of subsection (a), to obtain 12 hours of in-house training in 
the care
and treatment of such residents.  If the facility does 
not provide the
training in-house, the training shall be 
obtained from other facilities,
community colleges or other 
educational institutions that have a
recognized course for such 
training.  The Department shall, by rule,
establish a recognized 
course for such training.  The Department's rules shall provide 
that such
training may be conducted in-house at each facility 
subject to the
requirements of this subsection, in which case 
such training shall be
monitored by the Department.

    The Department's rules shall also provide for 
circumstances and procedures
whereby any person who has 
received training that meets
the
requirements of this 
subsection shall not be required to undergo additional
training 
if he or she is transferred to or obtains employment at a

different facility or a facility other than a long-term care 
facility but remains continuously employed for pay as a nursing 
assistant,
habilitation aide, or child care aide. Individuals

who have performed no nursing or nursing-related services
for a 
period of 24 consecutive months shall be listed as "inactive"

and as such do not meet the requirements of this Section.  
Licensed sheltered care facilities
shall be
exempt from the 
requirements of this Section.

(Source: P.A. 96-1372, eff. 7-29-10.)

  
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.