|
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2102 Introduced 2/7/2023, by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: |
| 225 ILCS 46/25 | | 225 ILCS 46/33 | |
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Amends the Health Care Worker Background Check Act. Provides that a health care employer may hire any individual in a position involving direct care for clients, patients, or residents, or access to the living quarters or the financial, medical, or personal records of clients, patients, or residents who has been convicted of committing or attempting to commit specified offenses under the laws of the State, the laws of any other state, or the laws of the United States of an offense that is substantially equivalent to those offenses listed. Provides the names of various offenses that do not bar an individual from being hired by a health care employer. Provides that the Illinois State Police shall: forward an applicant's fingerprints to the Federal Bureau of Investigation; and request the Federal Bureau of Investigation to conduct a national criminal history pertaining to the applicant. Makes corresponding changes.
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| | A BILL FOR |
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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 25 and 33 as follows:
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6 | | (225 ILCS 46/25)
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7 | | Sec. 25. Hiring of people with criminal records by health |
8 | | care employers and long-term care facilities.
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9 | | (a) A health care employer or long-term care facility may |
10 | | hire, employ, or retain any individual in a position involving |
11 | | direct care for clients, patients, or residents, or access to |
12 | | the living quarters or the financial, medical, or personal |
13 | | records of clients, patients, or residents who has been |
14 | | convicted of committing or attempting to commit one or more of |
15 | | the following offenses under the laws of this State, the laws |
16 | | of any other state, or of the laws of the United States of an |
17 | | offense that is substantially equivalent to the offenses |
18 | | listed in this subsection, as verified by court records, |
19 | | records from a state agency, or an FBI criminal history record |
20 | | check, only with a waiver described in Section 40: |
21 | | solicitation of murder, solicitation of murder for hire, first |
22 | | degree murder, intentional homicide of an unborn child, second |
23 | | degree murder, voluntary manslaughter of an unborn child, |
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1 | | involuntary manslaughter of an unborn child, involuntary |
2 | | manslaughter and reckless homicide, involuntary manslaughter |
3 | | and reckless homicide of an unborn child, drug-induced |
4 | | homicide, concealment of a homicidal death, kidnapping, |
5 | | aggravated kidnapping, unlawful restraint, aggravated unlawful |
6 | | restraint, forcible detention, child abduction, aiding or |
7 | | abetting child abduction, criminal sexual assault, aggravated |
8 | | criminal sexual assault, predatory criminal sexual assault of |
9 | | a child, criminal sexual abuse, aggravated criminal sexual |
10 | | abuse, indecent solicitation of a child, sexual exploitation |
11 | | of a child, custodial sexual misconduct, presence within a |
12 | | school zone by a child sex offender, approaching, contacting, |
13 | | residing with, or communicating with a child within certain |
14 | | places by a child sex offender, presence or loitering in or |
15 | | near a public park by a sexual predator or child sex offender, |
16 | | sexual misconduct with a person with a disability, permitting |
17 | | sexual abuse of a child, promoting juvenile prostitution, |
18 | | child pornography, assault, aggravated assault, aggravated |
19 | | battery, battery of an unborn child, domestic battery, |
20 | | aggravated domestic battery, abuse or criminal neglect of a |
21 | | long term care facility resident, criminal abuse or neglect of |
22 | | an elderly person or person with a disability, aggravated |
23 | | stalking, dismembering a human body, ritual mutilation, |
24 | | ritualized abuse of a child, endangering the life or health of |
25 | | a child, child abandonment, theft, theft of lost or mislaid |
26 | | property, retail theft, identity theft, aggravated identity |
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1 | | theft, forgery, possession of a lost or mislaid credit or |
2 | | debit card, sale of a credit or debit card, use of a |
3 | | counterfeited, forged, expired, revoked, or unissued credit or |
4 | | debit card, fraudulent use of electronic transmission, |
5 | | financial exploitation of an elderly person or person with a |
6 | | disability, robbery, aggravated robbery, armed robbery, |
7 | | vehicular hijacking, aggravated vehicular hijacking, burglary, |
8 | | residential burglary, criminal trespass to a residence, home |
9 | | invasion, arson, aggravated arson, unlawful use of weapons, |
10 | | unlawful use of weapons by felons or persons in the custody of |
11 | | a Department of Corrections facility, aggravated discharge of |
12 | | a firearm, aggravated discharge of a machine gun or a firearm |
13 | | equipped with a device designated or used for silencing the |
14 | | report of a firearm, reckless discharge of a firearm, |
15 | | aggravated unlawful use of a weapon, unlawful possession of a |
16 | | firearm by a street gang member, unlawful discharge of firearm |
17 | | projectiles, unlawful sale or delivery of a firearm on the |
18 | | premises of any school, possession of a stolen firearm, or |
19 | | armed violence those defined in Sections 8-1(b), 8-1.1, 8-1.2, |
20 | | 9-1,
9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, |
21 | | 10-2, 10-3, 10-3.1, 10-4,
10-5, 10-7, 11-1.20, 11-1.30, |
22 | | 11-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1, 11-9.2, 11-9.3, |
23 | | 11-9.4-1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, |
24 | | 12-2, 12-3.05, 12-3.1,
12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2, |
25 | | 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4,
12-11, 12-13, |
26 | | 12-14, 12-14.1, 12-15, 12-16, 12-19, 12-20.5, 12-21, 12-21.5, |
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1 | | 12-21.6, 12-32,
12-33, 12C-5, 12C-10, 16-1, 16-1.3, 16-25,
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2 | | 16A-3, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, |
3 | | 19-4, 19-6, 20-1, 20-1.1,
24-1, 24-1.2, 24-1.5, 24-1.8, |
4 | | 24-3.8, or 33A-2, or subdivision (a)(4) of Section 11-14.4 , or |
5 | | in subsection (a) of Section 12-3 or subsection (b) of Section |
6 | | 17-32 or subsection (a) or (b) of Section 12-4.4a, of the |
7 | | Criminal Code of 1961 or the Criminal Code of 2012; those |
8 | | provided in
Section 4 of the Wrongs to Children Act; those |
9 | | provided in Section 53 of the
Criminal Jurisprudence Act; |
10 | | those defined in subsection (c), (d), (e), (f), or (g) of |
11 | | Section 5 or Section 5.1, 5.2, 7, or 9 of
the Cannabis Control |
12 | | Act; those defined in the Methamphetamine Control and |
13 | | Community Protection Act; those defined in Sections 401, |
14 | | 401.1, 404, 405,
405.1, 407, or 407.1 of the Illinois |
15 | | Controlled Substances Act; or subsection (a) of Section 3.01, |
16 | | Section 3.02, or Section 3.03 of the Humane Care for Animals |
17 | | Act ; or violation of Section 50-50 of the Nurse Practice Act. .
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18 | | This shall not be construed to mean that a health care |
19 | | employer has an obligation to conduct a criminal history |
20 | | records check in other states in which an employee has |
21 | | resided. |
22 | | A health care employer is not required to retain an |
23 | | individual in a position with duties involving direct care for |
24 | | clients, patients, or residents, and no long-term care |
25 | | facility is required to retain an individual in a position |
26 | | with duties that involve or may involve contact with residents |
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1 | | or access to the living quarters or the financial, medical, or |
2 | | personal records of residents, who has been convicted of |
3 | | committing or attempting to commit one or more of the offenses |
4 | | enumerated in this subsection. |
5 | | (a-1) (Blank). A health care employer or long-term care |
6 | | facility may hire, employ, or retain any individual in a |
7 | | position involving direct care for clients, patients, or |
8 | | residents, or access to the living quarters or the financial, |
9 | | medical, or personal records of clients, patients, or |
10 | | residents who has been convicted of committing or attempting |
11 | | to commit one or more of the following offenses only with a |
12 | | waiver described in Section 40: those offenses defined in |
13 | | Section 12-3.3, 12-4.2-5,
16-2, 16-30, 16G-15, 16G-20, 17-33, |
14 | | 17-34, 17-36, 17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, |
15 | | 24-3.2, or 24-3.3, or subsection (b) of Section 17-32, |
16 | | subsection (b) of Section 18-1, or subsection (b) of Section |
17 | | 20-1,
of the Criminal Code of 1961 or the Criminal Code of |
18 | | 2012; Section 4, 5, 6, 8, or 17.02 of the Illinois
Credit Card |
19 | | and Debit Card Act; or Section 11-9.1A of the Criminal Code of |
20 | | 1961 or the Criminal Code of 2012 or Section 5.1 of the Wrongs |
21 | | to Children Act;
or (ii) violated Section 50-50 of the Nurse |
22 | | Practice Act.
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23 | | A health care employer is not required to retain an |
24 | | individual in a position
with duties involving direct care for |
25 | | clients, patients, or residents, and no long-term care |
26 | | facility is required to retain an individual in a position |
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1 | | with duties that involve or may involve
contact with residents |
2 | | or access to the living quarters or the financial, medical, or |
3 | | personal records of residents, who has
been convicted of |
4 | | committing or attempting to commit one or more of
the offenses |
5 | | enumerated in this subsection.
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6 | | (b) (Blank). A health care employer shall not hire, |
7 | | employ, or retain, whether paid or on a volunteer basis, any
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8 | | individual in a position with duties involving direct care of |
9 | | clients,
patients, or residents, and no long-term care |
10 | | facility shall knowingly hire, employ, or retain, whether paid |
11 | | or on a volunteer basis, any individual in a position with |
12 | | duties that involve or may involve
contact with residents or |
13 | | access to the living quarters or the financial, medical, or |
14 | | personal records of residents, if the health care employer |
15 | | becomes aware that the
individual has been convicted in |
16 | | another state of committing or attempting to
commit an offense |
17 | | that has the same or similar elements as an offense listed in
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18 | | subsection (a) or (a-1), as verified by court records, records |
19 | | from a state
agency, or an FBI criminal history record check, |
20 | | unless the applicant or employee obtains a waiver pursuant to |
21 | | Section 40 of this Act. This shall not be construed to
mean |
22 | | that a health care employer has an obligation to conduct a |
23 | | criminal
history records check in other states in which an |
24 | | employee has resided.
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25 | | (c) A health care employer shall not hire, employ, or |
26 | | retain, whether paid or on a volunteer basis, any individual |
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1 | | in a position with duties involving direct care of clients, |
2 | | patients, or residents, who has a finding by the Department of |
3 | | abuse, neglect, misappropriation of property, or theft denoted |
4 | | on the Health Care Worker Registry. |
5 | | (d) A health care employer shall not hire, employ, or |
6 | | retain, whether paid or on a volunteer basis, any individual |
7 | | in a position with duties involving direct care of clients, |
8 | | patients, or residents if the individual has a verified and |
9 | | substantiated finding of abuse, neglect, or financial |
10 | | exploitation, as identified within the Adult Protective |
11 | | Service Registry established under Section 7.5 of the Adult |
12 | | Protective Services Act. |
13 | | (e) A health care employer shall not hire, employ, or |
14 | | retain, whether paid or on a volunteer basis, any individual |
15 | | in a position with duties involving direct care of clients, |
16 | | patients, or residents who has a finding by the Department of |
17 | | Human Services of physical or sexual abuse, financial |
18 | | exploitation, or egregious neglect of an individual denoted on |
19 | | the Health Care Worker Registry. |
20 | | (Source: P.A. 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.) |
21 | | (225 ILCS 46/33) |
22 | | Sec. 33. Fingerprint-based criminal history records check. |
23 | | (a) A fingerprint-based criminal history records check is |
24 | | not required for health care employees who have been |
25 | | continuously employed by a health care employer since October |
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1 | | 1, 2007, have met the requirements for criminal history |
2 | | background checks prior to October 1, 2007, and have no |
3 | | disqualifying convictions or requested and received a waiver |
4 | | of those disqualifying convictions. These employees shall be |
5 | | retained on the Health Care Worker Registry as long as they |
6 | | remain active. Nothing in this subsection (a) shall be |
7 | | construed to prohibit a health care employer from initiating a |
8 | | criminal history records check for these employees. Should |
9 | | these employees seek a new position with a different health |
10 | | care employer, then a fingerprint-based criminal history |
11 | | records check shall be required.
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12 | | (b) On October 1, 2007 or as soon thereafter as is |
13 | | reasonably practical, in the discretion of the Director of |
14 | | Public Health, and thereafter, any student,
applicant, or |
15 | | employee who desires to be included on the Department of |
16 | | Public Health's Health Care Worker Registry shall authorize |
17 | | the Department of Public Health or its designee to request a |
18 | | fingerprint-based criminal history records check to determine |
19 | | if the individual has a conviction for a disqualifying |
20 | | offense. This authorization shall allow the Department of |
21 | | Public Health to request and receive information and |
22 | | assistance from any State or governmental agency. Each |
23 | | individual shall submit his or her fingerprints to the |
24 | | Illinois State Police in an electronic format that complies |
25 | | with the form and manner for requesting and furnishing |
26 | | criminal history record information prescribed by the Illinois |
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1 | | State Police. The fingerprints submitted under this Section |
2 | | shall be checked against the fingerprint records now and |
3 | | hereafter filed in the Illinois State Police criminal history |
4 | | record databases , and the Illinois State Police shall forward |
5 | | the applicant's fingerprints to the Federal Bureau of |
6 | | Investigation. The Illinois State Police shall request the |
7 | | Federal Bureau of Investigation conduct a national criminal |
8 | | history pertaining to the applicant . The Illinois State Police |
9 | | shall charge a fee for conducting the criminal history records |
10 | | check, which shall not exceed the actual cost of the records |
11 | | check. The livescan vendor may act as the designee for |
12 | | individuals, educational entities, or health care employers in |
13 | | the collection of Illinois State Police fees and deposit those |
14 | | fees into the State Police Services Fund. The Illinois State |
15 | | Police shall provide information concerning any criminal |
16 | | convictions, now or hereafter filed, against the individual. |
17 | | (c) On October 1, 2007 or as soon thereafter as is |
18 | | reasonably practical, in the discretion of the Director of |
19 | | Public Health, and thereafter, an educational
entity, other |
20 | | than a secondary school, conducting a nurse aide training |
21 | | program shall initiate a fingerprint-based criminal history |
22 | | records check required by this Act prior to entry of an |
23 | | individual into the training program. |
24 | | (d) On October 1, 2007 or as soon thereafter as is |
25 | | reasonably practical, in the discretion of the Director of |
26 | | Public Health, and thereafter, a health care
employer who |
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1 | | makes a conditional offer of employment to an applicant for a |
2 | | position as an employee shall initiate a fingerprint-based |
3 | | criminal history record check, requested by the Department of |
4 | | Public Health, on the applicant, if such a background check |
5 | | has not been previously conducted. Workforce intermediaries |
6 | | and organizations providing pro bono legal services may |
7 | | initiate a fingerprint-based criminal history record check if |
8 | | a conditional offer of employment has not been made and a |
9 | | background check has not been previously conducted for an |
10 | | individual who has a disqualifying conviction and is receiving |
11 | | services from a workforce intermediary or an organization |
12 | | providing pro bono legal services. |
13 | | (e) When initiating a background check requested by the
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14 | | Department of Public Health, an educational entity, health |
15 | | care employer, workforce intermediary, or organization that |
16 | | provides pro bono legal services shall electronically submit |
17 | | to the Department of Public Health the student's, applicant's, |
18 | | or employee's social security number, demographics, |
19 | | disclosure, and authorization information in a format |
20 | | prescribed by the Department of Public Health within 2 working |
21 | | days after the authorization is secured. The student, |
22 | | applicant, or employee shall have his or her fingerprints |
23 | | collected electronically and transmitted to the Illinois State |
24 | | Police within 10 working days. The educational entity, health |
25 | | care employer, workforce intermediary, or organization that |
26 | | provides pro bono legal services shall transmit all necessary |
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1 | | information and fees to the livescan vendor and Illinois State |
2 | | Police within 10 working days after receipt of the |
3 | | authorization. This information and the results of the |
4 | | criminal history record checks shall be maintained by the |
5 | | Department of Public Health's Health Care Worker Registry. |
6 | | (f) A direct care employer may initiate a |
7 | | fingerprint-based background check required by this Act for |
8 | | any of its employees, but may not use this process to initiate |
9 | | background checks for residents. The results of any |
10 | | fingerprint-based background check that is initiated with the |
11 | | Department as the requester shall be entered in the Health |
12 | | Care Worker Registry. |
13 | | (g) As long as the employee or trainee has had a |
14 | | fingerprint-based criminal history record check required by |
15 | | this Act and stays active on the Health Care Worker Registry, |
16 | | no further criminal history record checks are required, as the |
17 | | Illinois State Police shall notify the Department of Public |
18 | | Health of any additional convictions associated with the |
19 | | fingerprints previously submitted. Health care employers shall |
20 | | check the Health Care Worker Registry before hiring an |
21 | | employee to determine that the individual has had a |
22 | | fingerprint-based record check required by this Act and has no |
23 | | disqualifying convictions or has been granted a waiver |
24 | | pursuant to Section 40 of this Act. If the individual has not |
25 | | had such a background check or is not active on the Health Care |
26 | | Worker Registry, then the health care employer shall initiate |
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1 | | a fingerprint-based record check requested by the Department |
2 | | of Public Health. If an individual is inactive on the Health |
3 | | Care Worker Registry, that individual is prohibited from being |
4 | | hired to work as a certified nursing assistant if, since the |
5 | | individual's most recent completion of a competency test, |
6 | | there has been a period of 24 consecutive months during which |
7 | | the individual has not provided nursing or nursing-related |
8 | | services for pay. If the individual can provide proof of |
9 | | having retained his or her certification by not having a |
10 | | 24-consecutive-month break in service for pay, he or she may |
11 | | be hired as a certified nursing assistant and that employment |
12 | | information shall be entered into the Health Care Worker |
13 | | Registry. |
14 | | (h) On October 1, 2007 or as soon thereafter as is |
15 | | reasonably practical, in the discretion of the Director of |
16 | | Public Health, and thereafter, if the Illinois State Police |
17 | | notifies the Department of Public Health that an employee has |
18 | | a new conviction of a disqualifying offense, based upon the |
19 | | fingerprints that were previously submitted, then (i) the |
20 | | Health Care Worker Registry shall notify the employee's last |
21 | | known employer of the offense, (ii) a record of the employee's |
22 | | disqualifying offense shall be entered on the Health Care |
23 | | Worker Registry, and (iii) the individual shall no longer be |
24 | | eligible to work as an employee unless he or she obtains a |
25 | | waiver pursuant to Section 40 of this Act. |
26 | | (i) On October 1, 2007, or as soon thereafter, in the |
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1 | | discretion of the Director of Public Health, as is reasonably |
2 | | practical, and thereafter, each direct care employer or its |
3 | | designee shall provide an employment verification for each |
4 | | employee no less than annually. The direct care employer or |
5 | | its designee shall log into the Health Care Worker Registry |
6 | | through a secure login. The health care employer or its |
7 | | designee shall indicate employment and termination dates |
8 | | within 30 days after hiring or terminating an employee, as |
9 | | well as the employment category and type. Failure to comply |
10 | | with this subsection (i) constitutes a licensing violation. A |
11 | | fine of up to $500 may be imposed for failure to maintain these |
12 | | records. This information shall be used by the Department of |
13 | | Public Health to notify the last known employer of any |
14 | | disqualifying offenses that are reported by the Illinois State |
15 | | Police.
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16 | | (j) In the event that an applicant or employee has a waiver |
17 | | for one or more disqualifying offenses pursuant to Section 40 |
18 | | of this Act and he or she is otherwise eligible to work, the |
19 | | Health Care Worker Registry shall indicate that the applicant |
20 | | or employee is eligible to work and that additional |
21 | | information is available on the Health Care Worker Registry. |
22 | | The Health Care Worker Registry may indicate that the |
23 | | applicant or employee has received a waiver. |
24 | | (k) The student, applicant, or employee shall be notified
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25 | | of each of the following whenever a fingerprint-based criminal |
26 | | history records check is required: |
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1 | | (1) That the educational entity, health care
employer, |
2 | | or long-term care facility shall initiate a |
3 | | fingerprint-based criminal history record check required |
4 | | by this Act of the student, applicant, or employee. |
5 | | (2) That the student, applicant, or employee has a
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6 | | right to obtain a copy of the criminal records report that |
7 | | indicates a conviction for a disqualifying offense and |
8 | | challenge the accuracy and completeness of the report |
9 | | through an established Illinois State Police procedure of |
10 | | Access and Review. |
11 | | (3) That the applicant, if hired conditionally, may
be |
12 | | terminated if the criminal records report indicates that |
13 | | the applicant has a record of a conviction of any of the |
14 | | criminal offenses enumerated in Section 25, unless the |
15 | | applicant obtains a waiver pursuant to Section 40 of this |
16 | | Act. |
17 | | (4) That the applicant, if not hired conditionally,
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18 | | shall not be hired if the criminal records report |
19 | | indicates that the applicant has a record of a conviction |
20 | | of any of the criminal offenses enumerated in Section 25, |
21 | | unless the applicant obtains a waiver pursuant to Section |
22 | | 40 of this Act. |
23 | | (5) That the employee shall be terminated if the
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24 | | criminal records report indicates that the employee has a |
25 | | record of a conviction of any of the criminal offenses |
26 | | enumerated in Section 25. |
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1 | | (6) If, after the employee has originally been |
2 | | determined not to have disqualifying offenses, the |
3 | | employer is notified that the employee has a new |
4 | | conviction(s) of any of the criminal offenses enumerated |
5 | | in Section 25, then the employee shall be terminated. |
6 | | (l) A health care employer or long-term care facility may
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7 | | conditionally employ an applicant for up to 3 months pending |
8 | | the results of a fingerprint-based criminal history record |
9 | | check requested by the Department of Public Health. |
10 | | (m) The Department of Public Health or an entity
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11 | | responsible for inspecting, licensing, certifying, or |
12 | | registering the health care employer or long-term care |
13 | | facility shall be immune from liability for notices given |
14 | | based on the results of a fingerprint-based criminal history |
15 | | record check.
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16 | | (n) As used in this Section: |
17 | | "Workforce intermediaries" means organizations that |
18 | | function to provide job training and employment services. |
19 | | Workforce intermediaries include institutions of higher |
20 | | education, faith-based and community organizations, and |
21 | | workforce investment boards. |
22 | | "Organizations providing pro bono legal services" means |
23 | | legal services performed without compensation or at a |
24 | | significantly reduced cost to the recipient that provide |
25 | | services designed to help individuals overcome statutory |
26 | | barriers that would prevent them from entering positions in |