093_SB1912enr
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1 AN ACT concerning health care workers.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Health Care Worker Background Check Act
5 is amended by changing Sections 25 and 65 as follows:
6 (225 ILCS 46/25)
7 Sec. 25. Persons ineligible to be hired by health care
8 employers.
9 (a) After January 1, 1996, or January 1, 1997, as
10 applicable, no health care employer shall knowingly hire,
11 employ, or retain any individual in a position with duties
12 involving direct care for clients, patients, or residents,
13 who has been convicted of committing or attempting to commit
14 one or more of the offenses defined in Sections 8-1.1, 8-1.2,
15 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 9-3.3, 10-1, 10-2,
16 10-3, 10-3.1, 10-4, 10-5, 10-7, 11-6, 11-9.1, 11-19.2,
17 11-20.1, 12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-4, 12-4.1,
18 12-4.2, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4,
19 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-19, 12-21,
20 12-21.6, 12-32, 12-33, 16-1, 16-1.3, 16A-3, 17-3, 18-1, 18-2,
21 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 20-1, 20-1.1, 24-1,
22 24-1.2, 24-1.5, or 33A-2 of the Criminal Code of 1961; those
23 provided in Section 4 of the Wrongs to Children Act; those
24 provided in Section 53 of the Criminal Jurisprudence Act;
25 those defined in Section 5, 5.1, 5.2, 7, or 9 of the Cannabis
26 Control Act; or those defined in Sections 401, 401.1, 404,
27 405, 405.1, 407, or 407.1 of the Illinois Controlled
28 Substances Act, unless the applicant or employee obtains a
29 waiver pursuant to Section 40.
30 (a-1) After January 1, 2004, no health care employer
31 shall knowingly hire any individual in a position with duties
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1 involving direct care for clients, patients, or residents who
2 has (i) been convicted of committing or attempting to commit
3 one or more of the offenses defined in Section 12-3.3,
4 12-4.2-5, 16-2, 16G-15, 16G-20, 18-5, 20-1.2, 24-1.1,
5 24-1.2-5, 24-1.6, 24-3.2, or 24-3.3 of the Criminal Code of
6 1961; Section 4, 5, 6, 8, or 17.02 of the Illinois Credit
7 Card and Debit Card Act; or Section 5.1 of the Wrongs to
8 Children Act; or (ii) violated Section 10-5 of the Nursing
9 and Advanced Practice Nursing Act.
10 A UCIA criminal history record check need not be redone
11 for health care employees who have been continuously employed
12 by a health care employer since January 1, 2004, but nothing
13 in this Section prohibits a health care employer from
14 initiating a criminal history check for these employees.
15 A health care employer is not required to retain an
16 individual in a position with duties involving direct care
17 for clients, patients, or residents who has been convicted of
18 committing or attempting to commit one or more of the
19 offenses enumerated in this subsection.
20 (b) A health care employer shall not hire, employ, or
21 retain any individual in a position with duties involving
22 direct care of clients, patients, or residents if the health
23 care employer becomes aware that the individual has been
24 convicted in another state of committing or attempting to
25 commit an offense that has the same or similar elements as an
26 offense listed in subsection (a) or (a-1), as verified by
27 court records, records from a state agency, or an FBI
28 criminal history record check. This shall not be construed to
29 mean that a health care employer has an obligation to conduct
30 a criminal history records check in other states in which an
31 employee has resided.
32 (Source: P.A. 90-441, eff. 1-1-98; 91-598, eff. 1-1-00.)
33 (225 ILCS 46/65)
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1 Sec. 65. Health Care Worker Task Force. A Health Care
2 Worker Task Force shall be appointed no later than July 1,
3 1996, to study and make recommendations on statutory changes
4 to this Act.
5 (a) The Task Force shall monitor the status of the
6 implementation of this Act and monitor complaint
7 investigations relating to this Act by the Department on
8 Aging, Department of Public Health, Department of
9 Professional Regulation, and the Department of Human Services
10 to determine the criminal background, if any, of health care
11 workers who have had findings of abuse, theft, or
12 exploitation.
13 (b) The Task Force shall make recommendations
14 concerning: (1) additional health care positions, including
15 licensed individuals and volunteers, that should be included
16 in the Act; (2) development of a transition to
17 fingerprint-based State and federal criminal records checks
18 for all direct care applicants or employees; (3) development
19 of a system that is affordable to applicants; (4)
20 modifications to the list of offenses enumerated in Section
21 25, including time limits on all or some of the disqualifying
22 offenses,; and (5) any other necessary or desirable changes
23 to the Act.
24 (c) The Task Force shall issue an interim report to the
25 Governor and General Assembly no later than January 1, 2004
26 December 31, 1996. The final report shall be issued no later
27 than September 30, 2005 1997, and shall include specific
28 statutory changes recommended, if any.
29 (d) The Task Force shall be composed comprised of the
30 following members, who shall serve without pay:
31 (1) a chairman knowledgeable about health care
32 issues, who shall be appointed by the Governor;
33 (2) the Director of the Department of Public Health
34 or his or her designee;
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1 (3) the Director of the Department of State Police
2 or his or her designee;
3 (3.5) the Director of the Department of Public Aid
4 or his or her designee;
5 (3.6) the Secretary of Human Services or his or her
6 designee;
7 (3.7) the Director of Aging or his or her designee;
8 (4) 2 representatives of health care providers, who
9 shall be appointed by the Governor;
10 (5) 2 representatives of health care employees, who
11 shall be appointed by the Governor;
12 (5.5) a representative of a Community Care
13 homemaker program, who shall be appointed by the
14 Governor;
15 (6) a representative of the general public who has
16 an interest in health care, who shall be appointed by the
17 Governor; and
18 (7) 4 members of the General Assembly, one
19 appointed by the Speaker of the House, one appointed by
20 the House Minority Leader, one appointed by the President
21 of the Senate, and one appointed by the Senate Minority
22 Leader.
23 (Source: P.A. 89-197, eff. 7-21-95; 89-507, eff. 7-1-97;
24 89-674, eff. 8-14-96; 90-14, eff. 7-1-97.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.