093_HB2147
LRB093 07155 AMC 07310 b
1 AN ACT concerning health care workers.
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 25 and adding Section 25.2 as
6 follows:
7 (225 ILCS 46/25)
8 Sec. 25. Persons ineligible to be hired by health care
9 employers.
10 (a) After January 1, 1996, or January 1, 1997, as
11 applicable, no health care employer shall knowingly hire,
12 employ, or retain any individual in a position with duties
13 involving direct access to care for clients, patients, or
14 residents, who has been convicted of committing or attempting
15 to commit one or more of the offenses defined in Sections
16 8-1.1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2,
17 9-3.3, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-7, 11-6,
18 11-9.1, 11-19.2, 11-20.1, 12-1, 12-2, 12-3, 12-3.1, 12-3.2,
19 12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7,
20 12-7.4, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-19,
21 12-21, 12-21.6, 12-32, 12-33, 16-1, 16-1.3, 16A-3, 17-3,
22 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 20-1, 20-1.1,
23 24-1, 24-1.2, 24-1.5, or 33A-2 of the Criminal Code of 1961;
24 those provided in Section 4 of the Wrongs to Children Act;
25 those provided in Section 53 of the Criminal Jurisprudence
26 Act; those defined in Section 5, 5.1, 5.2, 7, or 9 of the
27 Cannabis Control Act; or those defined in Sections 401,
28 401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois
29 Controlled Substances Act, unless the applicant or employee
30 obtains a waiver pursuant to Section 40.
31 (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 access to care of clients, patients, or residents if
3 the health care employer becomes aware that the individual
4 has been convicted in another state of committing or
5 attempting to commit an offense that has the same or similar
6 elements as an offense listed in subsection (a), as verified
7 by court records, records from a state agency, or an FBI
8 criminal history record check. This shall not be construed to
9 mean that a health care employer has an obligation to conduct
10 a criminal history records check in other states in which an
11 employee has resided.
12 (c) A violation of this Section is a business offense
13 punishable by a fine not to exceed $10,000.
14 (Source: P.A. 90-441, eff. 1-1-98; 91-598, eff. 1-1-00.)
15 (225 ILCS 46/25.2 new)
16 Sec. 25.2. Criminal penalty. An employee that willfully
17 provides false, incomplete, or intentionally misleading
18 information with regard to being hired by a health care
19 employer is guilty of a Class A misdemeanor.