093_SB1912ham001











                                     LRB093 08717 AMC 15912 a

 1                    AMENDMENT TO SENATE BILL 1912

 2        AMENDMENT NO.     .  Amend Senate Bill 1912 by  replacing
 3    the title with the following:
 4        "AN ACT concerning health care workers."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section  5.  The Health Care Worker Background Check Act
 8    is amended by changing Sections 25 and 65 as follows:

 9        (225 ILCS 46/25)
10        Sec. 25.  Persons ineligible to be hired by  health  care
11    employers.
12        (a)  After  January  1,  1996,  or  January  1,  1997, as
13    applicable, no health care  employer  shall  knowingly  hire,
14    employ,  or  retain  any individual in a position with duties
15    involving direct care for clients,  patients,  or  residents,
16    who  has been convicted of committing or attempting to commit
17    one or more of the offenses defined in Sections 8-1.1, 8-1.2,
18    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,
19    10-3,  10-3.1,  10-4,  10-5,  10-7,  11-6,  11-9.1,  11-19.2,
20    11-20.1, 12-1, 12-2,  12-3,  12-3.1,  12-3.2,  12-4,  12-4.1,
21    12-4.2,  12-4.3,  12-4.4,  12-4.5,  12-4.6,  12-4.7,  12-7.4,
 
                            -2-      LRB093 08717 AMC 15912 a
 1    12-11,  12-13,  12-14,  12-14.1,  12-15, 12-16, 12-19, 12-21,
 2    12-21.6, 12-32, 12-33, 16-1, 16-1.3, 16A-3, 17-3, 18-1, 18-2,
 3    18-3, 18-4, 18-5,  19-1,  19-3,  19-4,  20-1,  20-1.1,  24-1,
 4    24-1.2, 24-1.5, or 33A-2 of the Criminal Code of 1961;  those
 5    provided  in  Section  4 of the Wrongs to Children Act; those
 6    provided in Section 53 of  the  Criminal  Jurisprudence  Act;
 7    those defined in Section 5, 5.1, 5.2, 7, or 9 of the Cannabis
 8    Control  Act;  or  those defined in Sections 401, 401.1, 404,
 9    405,  405.1,  407,  or  407.1  of  the  Illinois   Controlled
10    Substances  Act,  unless  the applicant or employee obtains a
11    waiver pursuant to Section 40.
12        (a-1)  After January 1, 2004,  no  health  care  employer
13    shall knowingly hire any individual in a position with duties
14    involving direct care for clients, patients, or residents who
15    has  (i) been convicted of committing or attempting to commit
16    one or more  of  the  offenses  defined  in  Section  12-3.3,
17    12-4.2-5,   16-2,   16G-15,  16G-20,  18-5,  20-1.2,  24-1.1,
18    24-1.2-5, 24-1.6, 24-3.2, or 24-3.3 of the Criminal  Code  of
19    1961;  Section  4,  5,  6, 8, or 17.02 of the Illinois Credit
20    Card and Debit Card Act; or Section  5.1  of  the  Wrongs  to
21    Children  Act;  or  (ii) violated Section 10-5 of the Nursing
22    and Advanced Practice Nursing Act.
23        A UCIA criminal history record check need not  be  redone
24    for health care employees who have been continuously employed
25    by  a health care employer since January 1, 2004, but nothing
26    in  this  Section  prohibits  a  health  care  employer  from
27    initiating a criminal history check for these employees.
28        A health care employer  is  not  required  to  retain  an
29    individual  in  a  position with duties involving direct care
30    for clients, patients, or residents who has been convicted of
31    committing or  attempting  to  commit  one  or  more  of  the
32    offenses enumerated in this subsection.
33        (b)  A  health  care  employer shall not hire, employ, or
34    retain any individual in a  position  with  duties  involving
 
                            -3-      LRB093 08717 AMC 15912 a
 1    direct  care of clients, patients, or residents if the health
 2    care employer becomes aware  that  the  individual  has  been
 3    convicted  in  another  state  of committing or attempting to
 4    commit an offense that has the same or similar elements as an
 5    offense listed in subsection (a) or  (a-1),  as  verified  by
 6    court  records,  records  from  a  state  agency,  or  an FBI
 7    criminal history record check. This shall not be construed to
 8    mean that a health care employer has an obligation to conduct
 9    a criminal history records check in other states in which  an
10    employee has resided.
11    (Source: P.A. 90-441, eff. 1-1-98; 91-598, eff. 1-1-00.)

12        (225 ILCS 46/65)
13        Sec.  65.   Health Care Worker Task Force.  A Health Care
14    Worker Task Force shall be appointed no later  than  July  1,
15    1996,  to study and make recommendations on statutory changes
16    to this Act.
17        (a)  The Task Force  shall  monitor  the  status  of  the
18    implementation    of   this   Act   and   monitor   complaint
19    investigations relating to this  Act  by  the  Department  on
20    Aging,   Department   of   Public   Health,   Department   of
21    Professional Regulation, and the Department of Human Services
22    to  determine the criminal background, if any, of health care
23    workers  who  have  had  findings   of   abuse,   theft,   or
24    exploitation.
25        (b)  The    Task   Force   shall   make   recommendations
26    concerning: (1) additional health care  positions,  including
27    licensed  individuals and volunteers, that should be included
28    in  the   Act;   (2)   development   of   a   transition   to
29    fingerprint-based  State  and federal criminal records checks
30    for all direct care applicants or employees; (3)  development
31    of   a   system   that   is  affordable  to  applicants;  (4)
32    modifications to the list of offenses enumerated  in  Section
33    25, including time limits on all or some of the disqualifying
 
                            -4-      LRB093 08717 AMC 15912 a
 1    offenses,;  and  (5) any other necessary or desirable changes
 2    to the Act.
 3        (c)  The Task Force shall issue an interim report to  the
 4    Governor  and  General Assembly no later than January 1, 2004
 5    December 31, 1996.  The final report shall be issued no later
 6    than September 30, 2005  1997,  and  shall  include  specific
 7    statutory changes recommended, if any.
 8        (d)  The  Task  Force  shall be composed comprised of the
 9    following members, who shall serve without pay:
10             (1)  a  chairman  knowledgeable  about  health  care
11        issues, who shall be appointed by the Governor;
12             (2)  the Director of the Department of Public Health
13        or his or her designee;
14             (3)  the Director of the Department of State  Police
15        or his or her designee;
16             (3.5)  the  Director of the Department of Public Aid
17        or his or her designee;
18             (3.6)  the Secretary of Human Services or his or her
19        designee;
20             (3.7)  the Director of Aging or his or her designee;
21             (4)  2 representatives of health care providers, who
22        shall be appointed by the Governor;
23             (5)  2 representatives of health care employees, who
24        shall be appointed by the Governor;
25             (5.5)  a  representative   of   a   Community   Care
26        homemaker   program,   who  shall  be  appointed  by  the
27        Governor;
28             (6)  a representative of the general public who  has
29        an interest in health care, who shall be appointed by the
30        Governor; and
31             (7)  4   members   of   the  General  Assembly,  one
32        appointed by the Speaker of the House, one  appointed  by
33        the House Minority Leader, one appointed by the President
34        of  the  Senate, and one appointed by the Senate Minority
 
                            -5-      LRB093 08717 AMC 15912 a
 1        Leader.
 2    (Source: P.A. 89-197,  eff.  7-21-95;  89-507,  eff.  7-1-97;
 3    89-674, eff. 8-14-96; 90-14, eff. 7-1-97.)

 4        Section  99.  Effective date.  This Act takes effect upon
 5    becoming law.".