HB5930 99TH GENERAL ASSEMBLY

LRB099 16715 SMS 45081 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5930

Introduced , by Rep. Peter Breen

SYNOPSIS AS INTRODUCED:

20 ILCS 1005/1005-45	was 20 ILCS 1005/43a.06
20 ILCS 1505/1505-20	was 20 ILCS 1505/43.13
225 ILCS 510/13	from Ch. 111, par. 963

Amends the Department of Employment Security Law of the Civil Administrative Code of Illinois and the Department of Labor Law of the Civil Administrative Code of Illinois. Provides that the Department of Employment Security rather than the Department of Labor shall monitor the employment progress of women and minorities in the workforce and report to the General Assembly. Amends the Nurse Agency Licensing Act. Requires the nurse agency to check the Health Care Worker Registry (rather than contact the Department of Public Health) before employing, assigning, or referring a certified nurse aide to verify that the certified nurse aide is eligible to be hired by health care employers or long-term care facilities pursuant to the Health Care Worker Background Check Act.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Employment Security Law of the Civil Administrative Code of Illinois is amended by changing Section 1005-45 as follows:

(20 ILCS 1005/1005-45) (was 20 ILCS 1005/43a.06)

Sec. 1005-45. Prosperity of laboring men and women.

(a) The Department has the power to acquire and diffuse among the people useful information concerning the means of promoting the material, social, intellectual, and moral prosperity of laboring men and women.

(b) The Department shall monitor the employment progress of women and minorities in the work force, including access to the public sector, the private sector, labor unions, and collective bargaining units. This information shall be provided to the General Assembly in the form of an annual report no later than April 1 of each year.

(Source: P.A. 91-239, eff. 1-1-00.)

Section 10. The Department of Labor Law of the Civil Administrative Code of Illinois is amended by changing Section 1505-20 as follows:

(20 ILCS 1505/1505-20) (was 20 ILCS 1505/43.13)

Sec. 1505-20. Prosperity of laboring men and women; progress of women and minorities.

(a) The Department has the power to acquire and diffuse among the people useful information concerning the means of promoting the material, social, intellectual, and moral prosperity of laboring men and women.

(b) (Blank). The Department shall monitor the employment progress of women and minorities in the work force, including access to the public sector, the private sector, labor unions, and collective bargaining units. This information shall be provided to the General Assembly in the form of an annual report no later than April 1 of each year.

(Source: P.A. 91-239, eff. 1-1-00.)

Section 15. The Nurse Agency Licensing Act is amended by changing Section 13 as follows:

(225 ILCS 510/13) (from Ch. 111, par. 963)

Sec. 13. Application for employment.

(a) Every nurse agency shall cause each applicant for employment, assignment, or referral, as a nurse to complete an application form including the following information:

(1) name and address of the applicant;

(2) whether or not such applicant is a nurse currently licensed by the Department of Professional Regulation;

(3) if so licensed, the number and date of such license; and

(4) references and dates and places of previous employment.

Prior to employing, assigning, or referring a nurse, the agency shall contact the Department of Professional Regulation to determine whether the nurse's license is valid and in good standing. Written verification shall be sent by the Department of Professional Regulation within 20 working days. At least biennially thereafter, the agency shall contact the Department of Professional Regulation to verify this information in writing. The nurse agency shall review the disciplinary report published by the Department of Professional Regulation on a monthly basis to determine whether the nurse's license is valid and in good standing.

(b) Every nurse agency shall cause each applicant for employment, assignment, or referral, as a certified nurse aide to complete an application form including the following information:

(1) name and address of the applicant;

(2) whether or not the nurse aide is registered as having completed a certified course as approved by the Department of Public Health;

(3) references and dates and places of previous employment.

Prior to employing, assigning, or referring a certified nurse aide, the agency shall review the information provided on the Health Care Worker Registry to verify that the certification is valid and that the certified nurse aide is not ineligible to be hired by health care employers or long-term care facilities pursuant to Section 25 of the Health Care Worker Background Check Act. Prior to employing, assigning or referring a certified nurse aide, the agency shall contact the Department of Public Health to determine whether the certification is valid and that the certified nurse aide is not listed on the abuse register. Written verification shall be sent by the Department of Public Health within 20 working days.

(c) Every nurse agency shall check at least 2 recent references and the dates of employment provided by the applicant, unless the applicant has not had 2 previous employers.

(d) Nurses or certified nurses aides employed, assigned, or referred to a health care facility by a nurse agency shall be deemed to be employees of the nurse agency while working for the nurse agency or on nurse agency employment, assignment or referral.

(Source: P.A. 86-817; 86-1043.)