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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, or of an |
16 | | offense that is substantially equivalent to the following |
17 | | offenses under the laws of any other state or of the laws of |
18 | | the United States, as verified by court records, records from |
19 | | a state agency, or a Federal Bureau of Investigation criminal |
20 | | history records check, only with a waiver described in Section |
21 | | 40: those defined in Sections 8-1(b), 8-1.1, 8-1.2, 9-1,
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22 | | 9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, |
23 | | 10-2, 10-3, 10-3.1, 10-4,
10-5, 10-7, 11-1.20, 11-1.30, |
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1 | | 11-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1, 11-9.2, 11-9.3, |
2 | | 11-9.4-1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, |
3 | | 12-2, 12-3.05, 12-3.1,
12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2, |
4 | | 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4,
12-11, 12-13, |
5 | | 12-14, 12-14.1, 12-15, 12-16, 12-19, 12-20.5, 12-21, 12-21.5, |
6 | | 12-21.6, 12-32,
12-33, 12C-5, 12C-10, 16-1, 16-1.3, 16-25,
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7 | | 16A-3, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, |
8 | | 19-4, 19-6, 20-1, 20-1.1,
24-1, 24-1.2, 24-1.5, 24-1.8, |
9 | | 24-3.8, or 33A-2, or subdivision (a)(4) of Section 11-14.4, or |
10 | | in subsection (a) of Section 12-3 or subsection (a) or (b) of |
11 | | Section 12-4.4a, of the Criminal Code of 1961 or the Criminal |
12 | | Code of 2012; those provided in
Section 4 of the Wrongs to |
13 | | Children Act; those provided in Section 53 of the
Criminal |
14 | | Jurisprudence Act; those defined in subsection (c), (d), (e), |
15 | | (f), or (g) of Section 5 or Section 5.1, 5.2, 7, or 9 of
the |
16 | | Cannabis Control Act; those defined in the Methamphetamine |
17 | | Control and Community Protection Act; those defined in |
18 | | Sections 401, 401.1, 404, 405,
405.1, 407, or 407.1 of the |
19 | | Illinois Controlled Substances Act; or subsection (a) of |
20 | | Section 3.01, Section 3.02, or Section 3.03 of the Humane Care |
21 | | for Animals Act.
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22 | | (a-1) A health care employer or long-term care facility |
23 | | may hire, employ, or retain any individual in a position |
24 | | involving direct care for clients, patients, or residents, or |
25 | | access to the living quarters or the financial, medical, or |
26 | | personal records of clients, patients, or residents who has |
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1 | | been convicted of committing or attempting to commit one or |
2 | | more of the following offenses under the laws of this State, or |
3 | | of an offense that is substantially equivalent to the |
4 | | following offenses under the laws of any other state or of the |
5 | | laws of the United States, as verified by court records, |
6 | | records from a state agency, or a Federal Bureau of |
7 | | Investigation criminal history records check, only with a |
8 | | waiver described in Section 40: those offenses defined in |
9 | | Section 12-3.3, 12-4.2-5,
16-2, 16-30, 16G-15, 16G-20, 17-33, |
10 | | 17-34, 17-36, 17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, |
11 | | 24-3.2, or 24-3.3, or subsection (b) of Section 17-32, |
12 | | subsection (b) of Section 18-1, or subsection (b) of Section |
13 | | 20-1,
of the Criminal Code of 1961 or the Criminal Code of |
14 | | 2012; Section 4, 5, 6, 8, or 17.02 of the Illinois
Credit Card |
15 | | and Debit Card Act; or Section 11-9.1A of the Criminal Code of |
16 | | 1961 or the Criminal Code of 2012 or Section 5.1 of the Wrongs |
17 | | to Children Act;
or (ii) violated Section 50-50 of the Nurse |
18 | | Practice Act.
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19 | | A health care employer is not required to retain an |
20 | | individual in a position
with duties involving direct care for |
21 | | clients, patients, or residents, and no long-term care |
22 | | facility is required to retain an individual in a position |
23 | | with duties that involve or may involve
contact with residents |
24 | | or access to the living quarters or the financial, medical, or |
25 | | personal records of residents, who has
been convicted of |
26 | | committing or attempting to commit one or more of
the offenses |
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1 | | enumerated in this subsection.
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2 | | (b) A health care employer shall not hire, employ, or |
3 | | retain, whether paid or on a volunteer basis, any
individual |
4 | | in a position with duties involving direct care of clients,
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5 | | patients, or residents, and no long-term care facility shall |
6 | | knowingly hire, employ, or retain, whether paid or on a |
7 | | volunteer basis, any individual in a position with duties that |
8 | | involve or may involve
contact with residents or access to the |
9 | | living quarters or the financial, medical, or personal records |
10 | | of residents, if the health care employer becomes aware that |
11 | | the
individual has been convicted in another state of |
12 | | committing or attempting to
commit an offense that has the |
13 | | same or similar elements as an offense listed in
subsection |
14 | | (a) or (a-1), as verified by court records, records from a |
15 | | state
agency, or an FBI criminal history record check, unless |
16 | | the applicant or employee obtains a waiver pursuant to Section |
17 | | 40 of this Act. This shall not be construed to
mean that a |
18 | | health care employer has an obligation to conduct a criminal
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19 | | history records check in other states in which an employee has |
20 | | resided.
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21 | | (c) A health care employer shall not hire, employ, or |
22 | | retain, whether paid or on a volunteer basis, any individual |
23 | | in a position with duties involving direct care of clients, |
24 | | patients, or residents, who has a finding by the Department of |
25 | | abuse, neglect, misappropriation of property, or theft denoted |
26 | | on the Health Care Worker Registry. |
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1 | | (d) A health care employer shall not hire, employ, or |
2 | | retain, whether paid or on a volunteer basis, any individual |
3 | | in a position with duties involving direct care of clients, |
4 | | patients, or residents if the individual has a verified and |
5 | | substantiated finding of abuse, neglect, or financial |
6 | | exploitation, as identified within the Adult Protective |
7 | | Service Registry established under Section 7.5 of the Adult |
8 | | Protective Services Act. |
9 | | (e) A health care employer shall not hire, employ, or |
10 | | retain, whether paid or on a volunteer basis, any individual |
11 | | in a position with duties involving direct care of clients, |
12 | | patients, or residents who has a finding by the Department of |
13 | | Human Services of physical or sexual abuse, financial |
14 | | exploitation, or egregious neglect of an individual denoted on |
15 | | the Health Care Worker Registry. |
16 | | (Source: P.A. 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.) |
17 | | (225 ILCS 46/33) |
18 | | Sec. 33. Fingerprint-based criminal history records check. |
19 | | (a) A fingerprint-based criminal history records check is |
20 | | not required for health care employees who have been |
21 | | continuously employed by a health care employer since October |
22 | | 1, 2007, have met the requirements for criminal history |
23 | | background checks prior to October 1, 2007, and have no |
24 | | disqualifying convictions or requested and received a waiver |
25 | | of those disqualifying convictions. These employees shall be |
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1 | | retained on the Health Care Worker Registry as long as they |
2 | | remain active. Nothing in this subsection (a) shall be |
3 | | construed to prohibit a health care employer from initiating a |
4 | | criminal history records check for these employees. Should |
5 | | these employees seek a new position with a different health |
6 | | care employer, then a fingerprint-based criminal history |
7 | | records check shall be required.
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8 | | (b) On October 1, 2007 or as soon thereafter as is |
9 | | reasonably practical, in the discretion of the Director of |
10 | | Public Health, and thereafter, any student,
applicant, or |
11 | | employee who desires to be included on the Department of |
12 | | Public Health's Health Care Worker Registry shall authorize |
13 | | the Department of Public Health or its designee to request a |
14 | | fingerprint-based criminal history records check to determine |
15 | | if the individual has a conviction for a disqualifying |
16 | | offense. This authorization shall allow the Department of |
17 | | Public Health to request and receive information and |
18 | | assistance from any State or governmental agency. Each |
19 | | individual shall submit his or her fingerprints to the |
20 | | Illinois State Police in an electronic format that complies |
21 | | with the form and manner for requesting and furnishing |
22 | | criminal history record information prescribed by the Illinois |
23 | | State Police. Such fingerprints shall be transmitted through a |
24 | | livescan fingerprint vendor licensed by the Department of |
25 | | Financial and Professional Regulation. The fingerprints |
26 | | submitted under this Section shall be checked against the |
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1 | | Illinois State Police and Federal Bureau of Investigation |
2 | | criminal history record databases, now and hereafter filed, |
3 | | including, but not limited to, civil, criminal, and latent |
4 | | fingerprint databases. the fingerprint records now and |
5 | | hereafter filed in the Illinois State Police criminal history |
6 | | record databases. The Illinois State Police shall charge a fee |
7 | | for conducting the criminal history records check, which shall |
8 | | be deposited into the State Police Services Fund and shall not |
9 | | exceed the actual cost of the records check. The Illinois |
10 | | State Police shall furnish, pursuant to positive |
11 | | identification, records of Illinois convictions and shall |
12 | | forward the national criminal history record information to |
13 | | the department or agency. The Illinois State Police shall |
14 | | forward the applicant's fingerprints to the Federal Bureau of |
15 | | Investigation. The Illinois State Police shall request that |
16 | | the Federal Bureau of Investigation conduct a national |
17 | | criminal history pertaining to the applicant The livescan |
18 | | vendor may act as the designee for individuals, educational |
19 | | entities, or health care employers in the collection of |
20 | | Illinois State Police fees and deposit those fees into the |
21 | | State Police Services Fund . The Illinois State Police shall |
22 | | provide information concerning any criminal convictions, now |
23 | | or hereafter filed, against the individual. |
24 | | (c) 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, an educational
entity, other |
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1 | | than a secondary school, conducting a nurse aide training |
2 | | program shall initiate a fingerprint-based criminal history |
3 | | records check required by this Act prior to entry of an |
4 | | individual into the training program. |
5 | | (d) On October 1, 2007 or as soon thereafter as is |
6 | | reasonably practical, in the discretion of the Director of |
7 | | Public Health, and thereafter, a health care
employer who |
8 | | makes a conditional offer of employment to an applicant for a |
9 | | position as an employee shall initiate a fingerprint-based |
10 | | criminal history record check, requested by the Department of |
11 | | Public Health, on the applicant, if such a background check |
12 | | has not been previously conducted. Workforce intermediaries |
13 | | and organizations providing pro bono legal services may |
14 | | initiate a fingerprint-based criminal history record check if |
15 | | a conditional offer of employment has not been made and a |
16 | | background check has not been previously conducted for an |
17 | | individual who has a disqualifying conviction and is receiving |
18 | | services from a workforce intermediary or an organization |
19 | | providing pro bono legal services. |
20 | | (e) When initiating a background check requested by the
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21 | | Department of Public Health, an educational entity, health |
22 | | care employer, workforce intermediary, or organization that |
23 | | provides pro bono legal services shall electronically submit |
24 | | to the Department of Public Health the student's, applicant's, |
25 | | or employee's social security number, demographics, |
26 | | disclosure, and authorization information in a format |
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1 | | prescribed by the Department of Public Health within 2 working |
2 | | days after the authorization is secured. The student, |
3 | | applicant, or employee shall have his or her fingerprints |
4 | | collected electronically and transmitted to the Illinois State |
5 | | Police within 10 working days. The educational entity, health |
6 | | care employer, workforce intermediary, or organization that |
7 | | provides pro bono legal services shall transmit all necessary |
8 | | information and fees to the livescan vendor and Illinois State |
9 | | Police within 10 working days after receipt of the |
10 | | authorization. This information and the results of the |
11 | | criminal history record checks shall be maintained by the |
12 | | Department of Public Health's Health Care Worker Registry. |
13 | | (f) A direct care employer may initiate a |
14 | | fingerprint-based background check required by this Act for |
15 | | any of its employees, but may not use this process to initiate |
16 | | background checks for residents. The results of any |
17 | | fingerprint-based background check that is initiated with the |
18 | | Department as the requester shall be entered in the Health |
19 | | 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 | | Illinois State Police shall notify the Department of Public |
25 | | 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 |
2 | | employee to determine that the individual has had a |
3 | | fingerprint-based record check required by this Act and has no |
4 | | disqualifying convictions or has been granted a waiver |
5 | | pursuant to Section 40 of this Act. If the individual has not |
6 | | had such a background check or is not active on the Health Care |
7 | | Worker Registry, then the health care employer shall initiate |
8 | | a fingerprint-based record check requested by the Department |
9 | | of Public Health. If an individual is inactive on the Health |
10 | | Care Worker Registry, that individual is prohibited from being |
11 | | hired to work as a certified nursing assistant if, since the |
12 | | individual's most recent completion of a competency test, |
13 | | there has been a period of 24 consecutive months during which |
14 | | the individual has not provided nursing or nursing-related |
15 | | services for pay. If the individual can provide proof of |
16 | | having retained his or her certification by not having a |
17 | | 24-consecutive-month break in service for pay, he or she may |
18 | | be hired as a certified nursing assistant and that employment |
19 | | information shall be entered into the Health Care Worker |
20 | | Registry. |
21 | | (h) On October 1, 2007 or as soon thereafter as is |
22 | | reasonably practical, in the discretion of the Director of |
23 | | Public Health, and thereafter, if the Illinois State Police |
24 | | notifies the Department of Public Health that an employee has |
25 | | a new conviction of a disqualifying offense, based upon the |
26 | | fingerprints that were previously submitted, then (i) the |
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1 | | Health Care Worker Registry shall notify the employee's last |
2 | | known employer of the offense, (ii) a record of the employee's |
3 | | disqualifying offense shall be entered on the Health Care |
4 | | Worker Registry, and (iii) the individual shall no longer be |
5 | | eligible to work as an employee unless he or she obtains a |
6 | | waiver pursuant to Section 40 of this Act. |
7 | | (i) On October 1, 2007, or as soon thereafter, in the |
8 | | discretion of the Director of Public Health, as is reasonably |
9 | | practical, and thereafter, each direct care employer or its |
10 | | designee shall provide an employment verification for each |
11 | | employee no less than annually. The direct care employer or |
12 | | its designee shall log into the Health Care Worker Registry |
13 | | through a secure login. The health care employer or its |
14 | | designee shall indicate employment and termination dates |
15 | | within 30 days after hiring or terminating an employee, as |
16 | | well as the employment category and type. Failure to comply |
17 | | with this subsection (i) constitutes a licensing violation. A |
18 | | fine of up to $500 may be imposed for failure to maintain these |
19 | | records. This information shall be used by the Department of |
20 | | Public Health to notify the last known employer of any |
21 | | disqualifying offenses that are reported by the Illinois State |
22 | | Police.
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23 | | (j) In the event that an applicant or employee has a waiver |
24 | | for one or more disqualifying offenses pursuant to Section 40 |
25 | | of this Act and he or she is otherwise eligible to work, the |
26 | | Health Care Worker Registry shall indicate that the applicant |
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1 | | or employee is eligible to work and that additional |
2 | | information is available on the Health Care Worker Registry. |
3 | | The Health Care Worker Registry may indicate that the |
4 | | applicant or employee has received a waiver. |
5 | | (k) The student, applicant, or employee shall be notified
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6 | | of each of the following whenever a fingerprint-based criminal |
7 | | history records check is required: |
8 | | (1) That the educational entity, health care
employer, |
9 | | or long-term care facility shall initiate a |
10 | | fingerprint-based criminal history record check required |
11 | | by this Act of the student, applicant, or employee. |
12 | | (2) That the student, applicant, or employee has a
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13 | | right to obtain a copy of the criminal records report that |
14 | | indicates a conviction for a disqualifying offense and |
15 | | challenge the accuracy and completeness of the report |
16 | | through an established Illinois State Police procedure of |
17 | | Access and Review. |
18 | | (3) That the applicant, if hired conditionally, may
be |
19 | | terminated if the criminal records report indicates that |
20 | | the applicant has a record of a conviction of any of the |
21 | | criminal offenses enumerated in Section 25, unless the |
22 | | applicant obtains a waiver pursuant to Section 40 of this |
23 | | Act. |
24 | | (4) That the applicant, if not hired conditionally,
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25 | | shall not be hired if the criminal records report |
26 | | indicates that the applicant has a record of a conviction |
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1 | | of any of the criminal offenses enumerated in Section 25, |
2 | | unless the applicant obtains a waiver pursuant to Section |
3 | | 40 of this Act. |
4 | | (5) That the employee shall be terminated if the
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5 | | criminal records report indicates that the employee has a |
6 | | record of a conviction of any of the criminal offenses |
7 | | enumerated in Section 25. |
8 | | (6) If, after the employee has originally been |
9 | | determined not to have disqualifying offenses, the |
10 | | employer is notified that the employee has a new |
11 | | conviction(s) of any of the criminal offenses enumerated |
12 | | in Section 25, then the employee shall be terminated. |
13 | | (l) A health care employer or long-term care facility may
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14 | | conditionally employ an applicant for up to 3 months pending |
15 | | the results of a fingerprint-based criminal history record |
16 | | check requested by the Department of Public Health. |
17 | | (m) The Department of Public Health or an entity
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18 | | responsible for inspecting, licensing, certifying, or |
19 | | registering the health care employer or long-term care |
20 | | facility shall be immune from liability for notices given |
21 | | based on the results of a fingerprint-based criminal history |
22 | | record check.
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23 | | (n) As used in this Section: |
24 | | "Workforce intermediaries" means organizations that |
25 | | function to provide job training and employment services. |
26 | | Workforce intermediaries include institutions of higher |