093_HB2030eng HB2030 Engrossed LRB093 04870 AMC 04929 b 1 AN ACT regarding professional regulation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Health Care Worker Background Check Act 5 is amended by changing Section 30 as follows: 6 (225 ILCS 46/30) 7 Sec. 30. Non-fingerprint based UCIA criminal records 8 check. 9 (a) Beginning on January 1, 1997, an educational entity, 10 other than a secondary school, conducting a nurse aide 11 training program must initiate a UCIA criminal history 12 records check prior to entry of an individual into the 13 training program. A nurse aide seeking to be included on the 14 nurse aide registry mustshallauthorize the Department of 15 Public Health or its designee that tests nurse aides or the 16 health care employer or its designee to request a criminal 17 history record check pursuant to the Uniform Conviction 18 Information Act (UCIA) for each nurse aide applying for 19 inclusion on the State nurse aide registry. Any nurse aide 20 not submitting the required authorization and information for 21 the record check will not be added to the State nurse aide 22 registry. A nurse aide will not be entered on the State 23 nurse aide registry if the report from the Department of 24 State Police indicates that the nurse aide has a record of 25 conviction of any of the criminal offenses enumerated in 26 Section 25 unless the nurse aide's identity is validated and 27 it is determined that the nurse aide does not have a 28 disqualifying criminal history record based upon a 29 fingerprint-based records check pursuant to Section 35 or the 30 nurse aide receives a waiver pursuant to Section 40. 31 (b) The Department of Public Health mustshallnotify HB2030 Engrossed -2- LRB093 04870 AMC 04929 b 1 each health care employer inquiring as to the information on 2 the State nurse aide registry of the date of the nurse aide's 3 last UCIA criminal history record check. If it has been more 4 than one year since the records check, the health care 5 employer must initiate or have initiated on his or her behalf 6 a UCIA criminal history record check for the nurse aide 7 pursuant to this Section. The health care employer must send 8 a copy of the results of the record check to the State nurse 9 aide registry for an individual employed as a nurse aide. 10 (c) Beginning January 1, 1996, a health care employer 11 who makes a conditional offer of employment to an applicant 12 other than a nurse aide for position with duties that involve 13 direct care for clients, patients, or residents must initiate 14 or have initiated on his or her behalf a UCIA criminal 15 history record check for that applicant. 16 (d) No later than January 1, 1997, a health care 17 employer must initiate or have initiated on his or her behalf 18 a UCIA criminal history record check for all employees other 19 than those enumerated in subsections (a), (b), and (c) of 20 this Section with duties that involve direct care for 21 clients, patients, or residents. A health care employer 22 having actual knowledge from a source other than a 23 non-fingerprint check that an employee has been convicted of 24 committing or attempting to commit one of the offenses 25 enumerated in Section 25 of this Act must initiate a 26 fingerprint-based background check within 10 working days of 27 acquiring that knowledge. The employer may continue to 28 employ that individual in a direct care position, may 29 reassign that individual to a non-direct care position, or 30 may suspend the individual until the results of the 31 fingerprint-based background check are received. 32 (e) The request for a UCIA criminal history record check 33 must be in the form prescribed by the Department of State 34 Police. HB2030 Engrossed -3- LRB093 04870 AMC 04929 b 1 (f) The applicant or employee must be notified of the 2 following whenever a non-fingerprint check is made: 3 (i) that the health care employer shall request or 4 have requested on his or her behalf a UCIA criminal 5 history record check pursuant to this Act; 6 (ii) that the applicant or employee has a right to 7 obtain a copy of the criminal records report from the 8 health care employer, challenge the accuracy and 9 completeness of the report, and request a waiver under 10 Section 40 of this Act; 11 (iii) that the applicant, if hired conditionally, 12 may be terminated if the criminal records report 13 indicates that the applicant has a record of conviction 14 of any of the criminal offenses enumerated in Section 25 15 unless the applicant's identity is validated and it is 16 determined that the applicant does not have a 17 disqualifying criminal history record based on a 18 fingerprint-based records check pursuant to Section 35. 19 (iv) that the applicant, if not hired 20 conditionally, shall not be hired if the criminal records 21 report indicates that the applicant has a record of 22 conviction of any of the criminal offenses enumerated in 23 Section 25 unless the applicant's record is cleared based 24 on a fingerprint-based records check pursuant to Section 25 35. 26 (v) that the employee may be terminated if the 27 criminal records report indicates that the employee has a 28 record of conviction of any of the criminal offenses 29 enumerated in Section 25 unless the employee's record is 30 cleared based on a fingerprint-based records check 31 pursuant to Section 35. 32 (g) A health care employer may conditionally employ an 33 applicant to provide direct care for up to 3 months pending 34 the results of a UCIA criminal history record check. HB2030 Engrossed -4- LRB093 04870 AMC 04929 b 1 (Source: P.A. 91-598, eff. 1-1-00.)