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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Health Care Worker Background Check Act is | ||||||
5 | amended by changing Sections 15, 33, and 40 as follows:
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6 | (225 ILCS 46/15)
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7 | Sec. 15. Definitions. In this Act:
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8 | "Applicant" means an individual enrolling in a training | ||||||
9 | program, seeking employment, whether paid or on a volunteer | ||||||
10 | basis, with a health care
employer who has received a bona fide | ||||||
11 | conditional offer of employment.
| ||||||
12 | "Conditional offer of employment" means a bona fide offer | ||||||
13 | of employment by a
health care employer to an applicant, which | ||||||
14 | is contingent upon the receipt of a
report from the Department | ||||||
15 | of Public Health indicating that the applicant does
not have a | ||||||
16 | record of conviction of any of the criminal offenses enumerated | ||||||
17 | in
Section 25.
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18 | "Department" means the Department of Public Health. | ||||||
19 | "Direct care" means the provision of nursing care or | ||||||
20 | assistance with feeding,
dressing, movement, bathing, | ||||||
21 | toileting, or other personal needs, including home services as | ||||||
22 | defined in the Home Health, Home Services, and Home Nursing | ||||||
23 | Agency Licensing Act. The entity
responsible for inspecting and |
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1 | licensing, certifying, or registering the
health care employer | ||||||
2 | may, by administrative rule, prescribe guidelines for
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3 | interpreting this definition with regard to the health care | ||||||
4 | employers that it
licenses.
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5 | "Director" means the Director of Public Health. | ||||||
6 | "Disqualifying offenses" means those offenses set forth in | ||||||
7 | Section 25 of this Act. | ||||||
8 | "Employee" means any individual hired, employed, or | ||||||
9 | retained, whether paid or on a volunteer basis, to which this | ||||||
10 | Act applies. | ||||||
11 | "Finding" means the Department's determination of whether | ||||||
12 | an allegation is verified and substantiated. | ||||||
13 | "Fingerprint-based criminal history records check" means a | ||||||
14 | livescan fingerprint-based criminal history records check | ||||||
15 | submitted as a fee applicant inquiry in the form and manner | ||||||
16 | prescribed by the Department of State Police.
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17 | "Health care employer" means:
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18 | (1) the owner or licensee of any of the
following:
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19 | (i) a community living facility, as defined in the | ||||||
20 | Community Living
Facilities Act;
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21 | (ii) a life care facility, as defined in the Life | ||||||
22 | Care Facilities Act;
| ||||||
23 | (iii) a long-term care facility;
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24 | (iv) a home health agency, home services agency, or | ||||||
25 | home nursing agency as defined in the Home Health, Home | ||||||
26 | Services, and Home Nursing Agency Licensing
Act;
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1 | (v) a hospice care program or volunteer hospice | ||||||
2 | program, as defined in the Hospice Program Licensing | ||||||
3 | Act;
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4 | (vi) a hospital, as defined in the Hospital | ||||||
5 | Licensing Act;
| ||||||
6 | (vii) (blank);
| ||||||
7 | (viii) a nurse agency, as defined in the Nurse | ||||||
8 | Agency Licensing Act;
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9 | (ix) a respite care provider, as defined in the | ||||||
10 | Respite Program Act;
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11 | (ix-a) an establishment licensed under the | ||||||
12 | Assisted Living and Shared
Housing Act;
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13 | (x) a supportive living program, as defined in the | ||||||
14 | Illinois Public Aid
Code;
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15 | (xi) early childhood intervention programs as | ||||||
16 | described in 59 Ill. Adm.
Code 121;
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17 | (xii) the University of Illinois Hospital, | ||||||
18 | Chicago;
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19 | (xiii) programs funded by the Department on Aging | ||||||
20 | through the Community
Care Program;
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21 | (xiv) programs certified to participate in the | ||||||
22 | Supportive Living Program
authorized pursuant to | ||||||
23 | Section 5-5.01a of the Illinois Public Aid Code;
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24 | (xv) programs listed by the Emergency Medical | ||||||
25 | Services (EMS) Systems Act
as
Freestanding Emergency | ||||||
26 | Centers;
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1 | (xvi) locations licensed under the Alternative | ||||||
2 | Health Care Delivery
Act;
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3 | (2) a day training program certified by the Department | ||||||
4 | of Human Services;
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5 | (3) a community integrated living arrangement operated | ||||||
6 | by a community
mental health and developmental service | ||||||
7 | agency, as defined in the
Community-Integrated Living | ||||||
8 | Arrangements Licensing and Certification Act; or
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9 | (4) the State Long Term Care Ombudsman Program, | ||||||
10 | including any regional long term care ombudsman programs | ||||||
11 | under Section 4.04 of the Illinois Act on the Aging, only | ||||||
12 | for the purpose of securing background checks.
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13 | "Initiate" means obtaining from
a student, applicant, or | ||||||
14 | employee his or her social security number, demographics, a | ||||||
15 | disclosure statement, and an authorization for the Department | ||||||
16 | of Public Health or its designee to request a fingerprint-based | ||||||
17 | criminal history records check; transmitting this information | ||||||
18 | electronically to the Department of Public Health; conducting | ||||||
19 | Internet searches on certain web sites, including without | ||||||
20 | limitation the Illinois Sex Offender Registry, the Department | ||||||
21 | of Corrections' Sex Offender Search Engine, the Department of | ||||||
22 | Corrections' Inmate Search Engine, the Department of | ||||||
23 | Corrections Wanted Fugitives Search Engine, the National Sex | ||||||
24 | Offender Public Registry, and the List of Excluded Individuals | ||||||
25 | and Entities database on the website of the Health and Human | ||||||
26 | Services Office of Inspector General to determine if the |
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1 | applicant has been adjudicated a sex offender, has been a | ||||||
2 | prison inmate, or has committed Medicare or Medicaid fraud, or | ||||||
3 | conducting similar searches as defined by rule; and having the | ||||||
4 | student, applicant, or employee's fingerprints collected and | ||||||
5 | transmitted electronically to the Department of State Police.
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6 | "Livescan vendor" means an entity whose equipment has been | ||||||
7 | certified by the Department of State Police to collect an | ||||||
8 | individual's demographics and inkless fingerprints and, in a | ||||||
9 | manner prescribed by the Department of State Police and the | ||||||
10 | Department of Public Health, electronically transmit the | ||||||
11 | fingerprints and required data to the Department of State | ||||||
12 | Police and a daily file of required data to the Department of | ||||||
13 | Public Health. The Department of Public Health shall negotiate | ||||||
14 | a contract with one or more vendors that effectively | ||||||
15 | demonstrate that the vendor has 2 or more years of experience | ||||||
16 | transmitting fingerprints electronically to the Department of | ||||||
17 | State Police and that the vendor can successfully transmit the | ||||||
18 | required data in a manner prescribed by the Department of | ||||||
19 | Public Health. Vendor authorization may be further defined by | ||||||
20 | administrative rule.
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21 | "Long-term care facility" means a facility licensed by the | ||||||
22 | State or certified under federal law as a long-term care | ||||||
23 | facility, including without limitation facilities licensed | ||||||
24 | under the Nursing Home Care Act, the Specialized Mental Health | ||||||
25 | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||||||
26 | the MC/DD Act, a supportive living facility, an assisted living |
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1 | establishment, or a shared housing establishment or registered | ||||||
2 | as a board and care home.
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3 | "Resident" means a person, individual, or patient under the | ||||||
4 | direct care of a health care employer or who has been provided | ||||||
5 | goods or services by a health care employer. | ||||||
6 | (Source: P.A. 99-180, eff. 7-29-15; 100-432, eff. 8-25-17.)
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7 | (225 ILCS 46/33) | ||||||
8 | Sec. 33. Fingerprint-based criminal history records check. | ||||||
9 | (a) A fingerprint-based criminal history records check is | ||||||
10 | not required for health care employees who have been | ||||||
11 | continuously employed by a health care employer since October | ||||||
12 | 1, 2007, have met the requirements for criminal history | ||||||
13 | background checks prior to October 1, 2007, and have no | ||||||
14 | disqualifying convictions or requested and received a waiver of | ||||||
15 | those disqualifying convictions. These employees shall be | ||||||
16 | retained on the Health Care Worker Registry as long as they | ||||||
17 | remain active. Nothing in this subsection (a) shall be | ||||||
18 | construed to prohibit a health care employer from initiating a | ||||||
19 | criminal history records check for these employees. Should | ||||||
20 | these employees seek a new position with a different health | ||||||
21 | care employer, then a fingerprint-based criminal history | ||||||
22 | records check shall be required.
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23 | (b) On October 1, 2007 or as soon thereafter as is | ||||||
24 | reasonably practical, in the discretion of the Director of | ||||||
25 | Public Health, and thereafter, any student,
applicant, or |
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1 | employee who desires to be included on the Department of Public | ||||||
2 | Health's Health Care Worker Registry shall authorize the | ||||||
3 | Department of Public Health or its designee to request a | ||||||
4 | fingerprint-based criminal history records check to determine | ||||||
5 | if the individual has a conviction for a disqualifying offense. | ||||||
6 | This authorization shall allow the Department of Public Health | ||||||
7 | to request and receive information and assistance from any | ||||||
8 | State or governmental agency. Each individual shall submit his | ||||||
9 | or her fingerprints to the Department of State Police in an | ||||||
10 | electronic format that complies with the form and manner for | ||||||
11 | requesting and furnishing criminal history record information | ||||||
12 | prescribed by the Department of State Police. The fingerprints | ||||||
13 | submitted under this Section shall be checked against the | ||||||
14 | fingerprint records now and hereafter filed in the Department | ||||||
15 | of State Police criminal history record databases. The | ||||||
16 | Department of State Police shall charge a fee for conducting | ||||||
17 | the criminal history records check, which shall not exceed the | ||||||
18 | actual cost of the records check. The livescan vendor may act | ||||||
19 | as the designee for individuals, educational entities, or | ||||||
20 | health care employers in the collection of Department of State | ||||||
21 | Police fees and deposit those fees into the State Police | ||||||
22 | Services Fund. The Department of State Police shall provide | ||||||
23 | information concerning any criminal convictions, now or | ||||||
24 | hereafter filed, against the individual. | ||||||
25 | (c) On October 1, 2007 or as soon thereafter as is | ||||||
26 | reasonably practical, in the discretion of the Director of |
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1 | Public Health, and thereafter, an educational
entity, other | ||||||
2 | than a secondary school, conducting a nurse aide training | ||||||
3 | program shall initiate a fingerprint-based criminal history | ||||||
4 | records check required by this Act prior to entry of an | ||||||
5 | individual into the training program. | ||||||
6 | (d) On October 1, 2007 or as soon thereafter as is | ||||||
7 | reasonably practical, in the discretion of the Director of | ||||||
8 | Public Health, and thereafter, a health care
employer who makes | ||||||
9 | a conditional offer of employment to an applicant for a | ||||||
10 | position as an employee shall initiate a fingerprint-based | ||||||
11 | criminal history record check, requested by the Department of | ||||||
12 | Public Health, on the applicant, if such a background check has | ||||||
13 | not been previously conducted. Workforce intermediaries and | ||||||
14 | organizations providing pro bono legal services may initiate a | ||||||
15 | fingerprint-based criminal history record check if a | ||||||
16 | conditional offer of employment has not been made and a | ||||||
17 | background check has not been previously conducted for an | ||||||
18 | individual who has a disqualifying conviction and is receiving | ||||||
19 | services from a workforce intermediary or an organization | ||||||
20 | providing pro bono legal services. | ||||||
21 | (e) When initiating a background check requested by the
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22 | Department of Public Health, an educational entity , or health | ||||||
23 | care employer , workforce intermediary, or organization that | ||||||
24 | provides pro bono legal services shall electronically submit to | ||||||
25 | the Department of Public Health the student's, applicant's, or | ||||||
26 | employee's social security number, demographics, disclosure, |
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1 | and authorization information in a format prescribed by the | ||||||
2 | Department of Public Health within 2 working days after the | ||||||
3 | authorization is secured. The student, applicant, or employee | ||||||
4 | shall have his or her fingerprints collected electronically and | ||||||
5 | transmitted to the Department of State Police within 10 working | ||||||
6 | days. The educational entity , or health care employer , | ||||||
7 | workforce intermediary, or organization that provides pro bono | ||||||
8 | legal services shall transmit all necessary information and | ||||||
9 | fees to the livescan vendor and Department of State Police | ||||||
10 | within 10 working days after receipt of the authorization. This | ||||||
11 | information and the results of the criminal history record | ||||||
12 | checks shall be maintained by the Department of Public Health's | ||||||
13 | Health Care Worker Registry. | ||||||
14 | (f) A direct care employer may initiate a fingerprint-based | ||||||
15 | background check required by this Act for any of its employees, | ||||||
16 | but may not use this process to initiate background checks for | ||||||
17 | residents. The results of any fingerprint-based background | ||||||
18 | check that is initiated with the Department as the requester | ||||||
19 | shall be entered in the Health Care Worker Registry. | ||||||
20 | (g) As long as the employee or trainee has had a | ||||||
21 | fingerprint-based criminal history record check required by | ||||||
22 | this Act and stays active on the Health Care Worker Registry, | ||||||
23 | no further criminal history record checks are required, as the | ||||||
24 | Department of State Police shall notify the Department of | ||||||
25 | Public Health of any additional convictions associated with the | ||||||
26 | fingerprints previously submitted. Health care employers shall |
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1 | check the Health Care Worker Registry before hiring an employee | ||||||
2 | to determine that the individual has had a fingerprint-based | ||||||
3 | record check required by this Act and has no disqualifying | ||||||
4 | convictions or has been granted a waiver pursuant to Section 40 | ||||||
5 | of this Act. If the individual has not had such a background | ||||||
6 | check or is not active on the Health Care Worker Registry, then | ||||||
7 | the health care employer shall initiate a fingerprint-based | ||||||
8 | record check requested by the Department of Public Health. If | ||||||
9 | an individual is inactive on the Health Care Worker Registry, | ||||||
10 | that individual is prohibited from being hired to work as a | ||||||
11 | certified nursing assistant if, since the individual's most | ||||||
12 | recent completion of a competency test, there has been a period | ||||||
13 | of 24 consecutive months during which the individual has not | ||||||
14 | provided nursing or nursing-related services for pay. If the | ||||||
15 | individual can provide proof of having retained his or her | ||||||
16 | certification by not having a 24-consecutive-month break in | ||||||
17 | service for pay, he or she may be hired as a certified nursing | ||||||
18 | assistant and that employment information shall be entered into | ||||||
19 | the Health Care Worker Registry. | ||||||
20 | (h) On October 1, 2007 or as soon thereafter as is | ||||||
21 | reasonably practical, in the discretion of the Director of | ||||||
22 | Public Health, and thereafter, if the Department of State | ||||||
23 | Police notifies the Department of Public Health that an | ||||||
24 | employee has a new conviction of a disqualifying offense, based | ||||||
25 | upon the fingerprints that were previously submitted, then (i) | ||||||
26 | the Health Care Worker Registry shall notify the employee's |
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1 | last known employer of the offense, (ii) a record of the | ||||||
2 | employee's disqualifying offense shall be entered on the Health | ||||||
3 | Care Worker Registry, and (iii) the individual shall no longer | ||||||
4 | be eligible to work as an employee unless he or she obtains a | ||||||
5 | waiver pursuant to Section 40 of this Act. | ||||||
6 | (i) On October 1, 2007, or as soon thereafter, in the | ||||||
7 | discretion of the Director of Public Health, as is reasonably | ||||||
8 | practical, and thereafter, each direct care employer or its | ||||||
9 | designee shall provide an employment verification for each | ||||||
10 | employee no less than annually. The direct care employer or its | ||||||
11 | designee shall log into the Health Care Worker Registry through | ||||||
12 | a secure login. The health care employer or its designee shall | ||||||
13 | indicate employment and termination dates within 30 days after | ||||||
14 | hiring or terminating an employee, as well as the employment | ||||||
15 | category and type. Failure to comply with this subsection (i) | ||||||
16 | constitutes a licensing violation. A fine of up to $500 may be | ||||||
17 | imposed for failure to maintain these records. This information | ||||||
18 | shall be used by the Department of Public Health to notify the | ||||||
19 | last known employer of any disqualifying offenses that are | ||||||
20 | reported by the Department of State Police.
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21 | (j) In the event that an applicant or employee has a waiver | ||||||
22 | for one or more disqualifying offenses pursuant to Section 40 | ||||||
23 | of this Act and he or she is otherwise eligible to work, the | ||||||
24 | Health Care Worker Registry shall indicate that the applicant | ||||||
25 | or employee is eligible to work and that additional information | ||||||
26 | is available on the Health Care Worker Registry. The Health |
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1 | Care Worker Registry may indicate that the applicant or | ||||||
2 | employee has received a waiver. | ||||||
3 | (k) The student, applicant, or employee shall be notified
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4 | of each of the following whenever a fingerprint-based criminal | ||||||
5 | history records check is required: | ||||||
6 | (1) That the educational entity, health care
employer, | ||||||
7 | or long-term care facility shall initiate a | ||||||
8 | fingerprint-based criminal history record check required | ||||||
9 | by this Act of the student, applicant, or employee. | ||||||
10 | (2) That the student, applicant, or employee has a
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11 | right to obtain a copy of the criminal records report that | ||||||
12 | indicates a conviction for a disqualifying offense and | ||||||
13 | challenge the accuracy and completeness of the report | ||||||
14 | through an established Department of State Police | ||||||
15 | procedure of Access and Review. | ||||||
16 | (3) That the applicant, if hired conditionally, may
be | ||||||
17 | terminated if the criminal records report indicates that | ||||||
18 | the applicant has a record of a conviction of any of the | ||||||
19 | criminal offenses enumerated in Section 25, unless the | ||||||
20 | applicant obtains a waiver pursuant to Section 40 of this | ||||||
21 | Act. | ||||||
22 | (4) That the applicant, if not hired conditionally,
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23 | shall not be hired if the criminal records report indicates | ||||||
24 | that the applicant has a record of a conviction of any of | ||||||
25 | the criminal offenses enumerated in Section 25, unless the | ||||||
26 | applicant obtains a waiver pursuant to Section 40 of this |
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1 | Act. | ||||||
2 | (5) That the employee shall be terminated if the
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3 | criminal records report indicates that the employee has a | ||||||
4 | record of a conviction of any of the criminal offenses | ||||||
5 | enumerated in Section 25. | ||||||
6 | (6) If, after the employee has originally been | ||||||
7 | determined not to have disqualifying offenses, the | ||||||
8 | employer is notified that the employee has a new | ||||||
9 | conviction(s) of any of the criminal offenses enumerated in | ||||||
10 | Section 25, then the employee shall be terminated. | ||||||
11 | (l) A health care employer or long-term care facility may
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12 | conditionally employ an applicant for up to 3 months pending | ||||||
13 | the results of a fingerprint-based criminal history record | ||||||
14 | check requested by the Department of Public Health. | ||||||
15 | (m) The Department of Public Health or an entity
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16 | responsible for inspecting, licensing, certifying, or | ||||||
17 | registering the health care employer or long-term care facility | ||||||
18 | shall be immune from liability for notices given based on the | ||||||
19 | results of a fingerprint-based criminal history record check.
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20 | (n) As used in this Section: | ||||||
21 | "Workforce intermediaries" means organizations that | ||||||
22 | function to provide job training and employment services. | ||||||
23 | Workforce intermediaries include institutions of higher | ||||||
24 | education, faith-based and community organizations, and | ||||||
25 | workforce investment boards. | ||||||
26 | "Organizations providing pro bono legal services" means |
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1 | legal services performed without compensation or at a | ||||||
2 | significantly reduced cost to the recipient that provide | ||||||
3 | services designed to help individuals overcome statutory | ||||||
4 | barriers that would prevent them from entering positions in the | ||||||
5 | healthcare industry. | ||||||
6 | (Source: P.A. 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.)
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7 | (225 ILCS 46/40)
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8 | Sec. 40. Waiver.
| ||||||
9 | (a) Any student, applicant, enrollee in a training program, | ||||||
10 | individual receiving services from a workforce intermediary or | ||||||
11 | organization providing pro bono legal services, or employee | ||||||
12 | listed on the Health Care Worker Registry may request a waiver | ||||||
13 | of the
prohibition against
employment by:
| ||||||
14 | (1) completing a waiver application on a form | ||||||
15 | prescribed by the Department of Public Health;
| ||||||
16 | (2) providing a written explanation of each conviction | ||||||
17 | to include (i) what happened, (ii) how many years have | ||||||
18 | passed since the offense, (iii) the individuals involved, | ||||||
19 | (iv) the age of the applicant at the time of the offense, | ||||||
20 | and (v) any other circumstances surrounding the offense; | ||||||
21 | and | ||||||
22 | (3) providing official documentation showing that all | ||||||
23 | fines have been paid, if applicable and except for in the | ||||||
24 | instance of payment of court-imposed fines or restitution | ||||||
25 | in which the applicant is adhering to a payment schedule, |
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1 | and the date probation or parole was satisfactorily | ||||||
2 | completed, if applicable.
| ||||||
3 | (b) The applicant may, but is not required to, submit | ||||||
4 | employment and character references and any other evidence | ||||||
5 | demonstrating the ability of the applicant or employee
to | ||||||
6 | perform the employment responsibilities competently and | ||||||
7 | evidence that the
applicant or employee does not pose a threat | ||||||
8 | to the health or safety of
residents, patients, or clients.
| ||||||
9 | (c) The Department of Public Health may, at the discretion | ||||||
10 | of the Director of Public Health, grant a waiver to an | ||||||
11 | applicant, student, or employee listed on the Health Care | ||||||
12 | Worker Registry. The Department of Public Health shall
act upon | ||||||
13 | the waiver request within 30 days
of
receipt of all necessary | ||||||
14 | information, as defined by rule. The Department of Public | ||||||
15 | Health shall send an applicant, student, or employee written | ||||||
16 | notification of its decision whether to grant a waiver, | ||||||
17 | including listing the specific disqualifying offenses for | ||||||
18 | which the waiver is being granted or denied. The Department | ||||||
19 | shall issue additional copies of this written notification upon | ||||||
20 | the applicant's, student's, or employee's request.
| ||||||
21 | (d) An individual shall not be employed from the
time that | ||||||
22 | the employer receives a notification from the Department of | ||||||
23 | Public Health based upon the results of a fingerprint-based | ||||||
24 | criminal history records check
containing disqualifying | ||||||
25 | conditions until the time that the individual receives
a | ||||||
26 | waiver.
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1 | (e) The entity responsible for inspecting, licensing,
| ||||||
2 | certifying, or
registering the health care employer and the | ||||||
3 | Department of Public Health shall be immune from liability for | ||||||
4 | any
waivers granted under this Section.
| ||||||
5 | (f) A health care employer is not obligated to employ or | ||||||
6 | offer
permanent
employment to an applicant, or to retain an | ||||||
7 | employee who is granted a waiver
under this Section.
| ||||||
8 | (Source: P.A. 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.)
| ||||||
9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.
|