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Labor Committee
Filed: 3/11/2009
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09600HB0762ham001 |
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LRB096 08663 ASK 23403 a |
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| AMENDMENT TO HOUSE BILL 762
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| AMENDMENT NO. ______. Amend House Bill 762 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Health Care Worker Background Check Act is |
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| amended by changing Section 40 as follows:
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| (225 ILCS 46/40)
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| Sec. 40. Waiver.
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| (a) Any student, applicant, or employee listed on the |
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| Health Care Worker Registry may request a waiver of the
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| prohibition against
employment by:
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| (1) completing a waiver application on a form |
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| prescribed by the Department of Public Health;
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| (2) providing a written explanation of each conviction |
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| to include (i) what happened, (ii) how many years have |
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| passed since the offense, (iii) the individuals involved, |
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| (iv) the age of the applicant at the time of the offense, |
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09600HB0762ham001 |
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LRB096 08663 ASK 23403 a |
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| and (v) any other circumstances surrounding the offense; |
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| and |
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| (3) providing official documentation showing that all |
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| fines have been paid, if applicable and except for in the |
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| instance of payment of court-imposed fines or restitution |
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| in which the applicant is adhering to a payment schedule, |
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| and the date probation or parole was satisfactorily |
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| completed, if applicable.
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| (b) The applicant may, but is not required to, submit |
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| employment and character references and any other evidence |
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| demonstrating the ability of the applicant or employee
to |
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| perform the employment responsibilities competently and |
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| evidence that the
applicant or employee does not pose a threat |
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| to the health or safety of
residents, patients, or clients.
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| (c) The Department of Public Health
must inform health care |
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| employers if a waiver is being sought by entering a record on |
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| the Health Care Worker Registry that a waiver is pending and |
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| must act upon the waiver request within 30 days
of
receipt of |
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| all necessary information, as defined by rule. Except in cases |
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| where a rehabilitation waiver is granted, a letter shall be |
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| sent to the applicant notifying the applicant that he or she |
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| has received an automatic waiver.
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| (d) An individual shall not be employed from the
time that |
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| the employer receives a notification from the Department of |
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| Public Health based upon the results of a fingerprint-based |
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| criminal history records check
containing disqualifying |
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09600HB0762ham001 |
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LRB096 08663 ASK 23403 a |
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| conditions until the time that the individual receives
a |
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| waiver.
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| (e) The entity responsible for inspecting, licensing,
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| certifying, or
registering the health care employer and the |
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| Department of Public Health shall be immune from liability for |
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| any
waivers granted under this Section.
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| (f) A health care employer is not obligated to employ or |
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| offer
permanent
employment to an applicant, or to retain an |
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| employee who is granted a waiver
under this Section.
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| (Source: P.A. 94-665, eff. 1-1-06; 95-120, eff. 8-13-07; |
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| 95-545, eff. 8-28-07; 95-876, eff. 8-21-08.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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