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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1728
Introduced 2/22/2007, by Rep. Kevin Joyce SYNOPSIS AS INTRODUCED: |
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225 ILCS 46/5 |
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225 ILCS 46/10 |
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225 ILCS 46/15 |
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225 ILCS 46/20 |
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225 ILCS 46/25 |
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225 ILCS 46/30 |
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Amends the Health Care Worker Background Check Act. Provides that the Act applied to all employees of licensed or certified long-term care facilities who have or may have access to (instead of contact with) residents. Defines "access to" and makes changes to the definition of "health care employer" and "long-term care facility". Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB1728 |
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LRB095 09794 RAS 30004 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Health Care Worker Background Check Act is |
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| amended by changing Sections 5, 10, 15, 20, 25, and 30 as |
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| follows:
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| (225 ILCS 46/5)
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| Sec. 5. Purpose. The General Assembly finds that it is in |
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| the public
interest to protect the most frail and disabled |
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| citizens of the State of
Illinois from possible harm
through a |
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| criminal background check of certain health care workers and |
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| all employees of licensed and certified long-term care |
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| facilities who have or may have access to
contact with
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| residents or have access to the living quarters or the |
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| financial, medical, or personal records of residents.
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| (Source: P.A. 94-665, eff. 1-1-06.)
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| (225 ILCS 46/10)
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| Sec. 10. Applicability. This Act applies to all individuals |
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| employed or
retained by a health care employer as home health |
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| care aides, nurse aides,
personal care assistants, private duty |
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| nurse aides, day
training personnel, or an individual working |
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| in any similar health-related
occupation where he or she |
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HB1728 |
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LRB095 09794 RAS 30004 b |
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| provides direct care or has access to long-term care residents |
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| or the living quarters or financial, medical, or personal |
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| records of long-term care residents. This Act also applies to |
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| all employees of licensed or certified long-term care |
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| facilities who have or may have access to
contact with
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| residents or access to the living quarters or the financial, |
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| medical, or personal records of residents.
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| (Source: P.A. 94-665, eff. 1-1-06.)
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| (225 ILCS 46/15)
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| Sec. 15. Definitions. In
For the purposes of this Act , the |
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| following
definitions apply :
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| "Access to" means having the ability, right, or permission |
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| to approach, speak with, or make contact with a client, |
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| patient, or resident. |
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| "Applicant" means an individual seeking employment with a |
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| health care
employer who has received a bona fide conditional |
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| offer of employment.
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| "Conditional offer of employment" means a bona fide offer |
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| of employment by a
health care employer to an applicant, which |
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| is contingent upon the receipt of a
report from the Department |
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| of Public Health
State Police indicating that the applicant |
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| does
not have a record of conviction of any of the criminal |
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| offenses enumerated in
Section 25.
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| "Direct care" means the provision of nursing care or |
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| assistance with feeding,
dressing, movement, bathing, |
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HB1728 |
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LRB095 09794 RAS 30004 b |
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| toileting, or other personal needs, including home services as |
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| defined in the Home Health, Home Services, and Home Nursing |
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| Agency Licensing Act. The entity
responsible for inspecting and |
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| licensing, certifying, or registering the
health care employer |
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| may, by administrative rule, prescribe guidelines for
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| interpreting this definition with regard to the health care |
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| employers that it
licenses.
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| "Health care employer" means:
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| (1) the owner or licensee of any of the
following:
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| (i) a community living facility, as defined in the |
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| Community Living
Facilities Act;
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| (ii) a life care facility, as defined in the Life |
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| Care Facilities Act;
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| (iii) a long-term care facility , as defined in the |
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| Nursing Home Care Act ;
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| (iv) a home health agency, home services agency, or |
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| home nursing agency as defined in the Home Health, Home |
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| Services, and Home Nursing Agency Licensing
Act;
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| (v) a comprehensive hospice care program or |
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| volunteer hospice program, as defined in the Hospice |
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| Program Licensing Act;
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| (vi) a hospital, as defined in the Hospital |
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| Licensing Act;
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| (vii) a community residential alternative, as |
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| defined in the Community
Residential Alternatives |
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| Licensing Act;
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HB1728 |
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LRB095 09794 RAS 30004 b |
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| (viii) a nurse agency, as defined in the Nurse |
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| Agency Licensing Act;
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| (ix) a respite care provider, as defined in the |
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| Respite Program Act;
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| (ix-a) an establishment licensed under the |
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| Assisted Living and Shared
Housing Act;
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| (x) a supportive living program, as defined in the |
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| Illinois Public Aid
Code;
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| (xi) early childhood intervention programs as |
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| described in 59 Ill. Adm.
Code 121;
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| (xii) the University of Illinois Hospital, |
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| Chicago;
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| (xiii) programs funded by the Department on Aging |
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| through the Community
Care Program;
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| (xiv) programs certified to participate in the |
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| Supportive Living Program
authorized pursuant to |
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| Section 5-5.01a of the Illinois Public Aid Code;
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| (xv) programs listed by the Emergency Medical |
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| Services (EMS) Systems Act
as
Freestanding Emergency |
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| Centers;
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| (xvi) locations licensed under the Alternative |
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| Health Care Delivery
Act;
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| (2) a day training program certified by the Department |
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| of Human Services;
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| (3) a community integrated living arrangement operated |
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| by a community
mental health and developmental service |
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HB1728 |
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LRB095 09794 RAS 30004 b |
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| agency, as defined in the
Community-Integrated Living |
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| Arrangements Licensing and Certification Act; or
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| (4) the State Long Term Care Ombudsman Program, |
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| including any regional long term care ombudsman programs |
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| under Section 4.04 of the Illinois Act on the Aging, only |
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| for the purpose of securing background checks.
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| "Initiate" means the obtaining of the authorization for a |
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| record check from
a student, applicant, or employee. The |
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| educational entity or health care
employer or its designee |
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| shall transmit all necessary information and fees
to the |
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| Illinois State Police within 10 working days after receipt of |
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| the
authorization.
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| "Long-term care facility" means a facility licensed by the |
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| State or certified under federal law as a long-term care |
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| facility, including without limitation facilities licensed |
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| under the Nursing Home Care Act, a supportive living facility, |
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| an assisted living establishment, or a shared housing |
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| establishment or registered as a board and care home.
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| (Source: P.A. 93-878, eff. 1-1-05; 94-379, eff. 1-1-06; 94-570, |
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| eff. 8-12-05; 94-665, eff. 1-1-06; revised 8-29-05.)
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| (225 ILCS 46/20)
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| Sec. 20. Exceptions. (1) This Act shall not apply to:
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| (a) an individual who is licensed by the Department of |
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| Financial and Professional
Regulation or the Department of |
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| Public Health under another law of this State;
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HB1728 |
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LRB095 09794 RAS 30004 b |
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| (b) an individual employed or retained by a health care |
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| employer for whom
a
criminal background check is required |
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| by another law of this State; or
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| (c) a student in a licensed health care field |
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| including, but not limited
to, a student nurse, a physical |
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| therapy student, or a respiratory care student
unless he or |
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| she is employed by a health care employer
in a position |
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| with duties involving direct care for clients, patients, or
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| residents.
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| (2) A UCIA criminal history records check need not be |
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| redone by the
University of Illinois Hospital, Chicago (U of I) |
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| or a program funded by the
Department on Aging through the |
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| Community Care Program (CCP) if the U of I or
the CCP: (i) has |
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| done a UCIA check on the individual; (ii) has continuously
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| employed the individual since the UCIA criminal records check |
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| was done; and
(iii) has taken actions with respect to this Act |
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| within 12 months after the
effective date of this amendatory |
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| Act of the 91st General Assembly.
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| (Source: P.A. 91-598, eff. 1-1-00.)
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| (225 ILCS 46/25)
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| Sec. 25. Persons ineligible to be hired by health care |
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| employers and long-term care facilities.
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| (a) After January 1, 1996, January 1, 1997, or the |
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| effective date of this amendatory Act of the 94th General |
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| Assembly, as applicable, no
health care employer shall |
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HB1728 |
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LRB095 09794 RAS 30004 b |
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| knowingly hire, employ, or retain any
individual in a position |
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| with duties involving direct care for clients,
patients, or |
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| residents, and no long-term care facility shall knowingly hire, |
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| employ, or retain any individual in a position with duties that |
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| involve or may involve contact with residents or access to the |
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| living quarters or the financial, medical, or personal records |
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| of residents, who has been convicted of committing or |
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| attempting to
commit one or more of the offenses defined in |
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| Sections 8-1.1, 8-1.2, 9-1,
9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, |
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| 9-3.2, 9-3.3, 10-1, 10-2, 10-3, 10-3.1, 10-4,
10-5, 10-7, 11-6, |
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| 11-9.1, 11-9.5, 11-19.2, 11-20.1, 12-1, 12-2, 12-3, 12-3.1,
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| 12-3.2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.4, 12-4.5, 12-4.6, |
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| 12-4.7, 12-7.4,
12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, |
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| 12-19, 12-21, 12-21.6, 12-32,
12-33, 16-1, 16-1.3,
16A-3, 17-3, |
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| 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 20-1, 20-1.1,
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| 24-1, 24-1.2, 24-1.5, or 33A-2 of the Criminal Code of 1961; |
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| those provided in
Section 4 of the Wrongs to Children Act; |
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| those provided in Section 53 of the
Criminal Jurisprudence Act; |
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| those defined in Section 5, 5.1, 5.2, 7, or 9 of
the Cannabis |
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| Control Act; those defined in the Methamphetamine Control and |
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| Community Protection Act; or those defined in Sections 401, |
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| 401.1, 404, 405,
405.1, 407, or 407.1 of the Illinois |
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| Controlled Substances Act, unless the
applicant or employee |
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| obtains a waiver pursuant to Section 40.
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| (a-1) After January 1, 2004, no health care employer shall |
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| knowingly hire
any individual in a position with duties |
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HB1728 |
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LRB095 09794 RAS 30004 b |
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| involving direct care for clients,
patients, or residents, and |
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| no long-term care facility shall knowingly hire any individual |
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| in a position with duties that involve or may involve access to
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| contact with residents or access to the living quarters or the |
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| financial, medical, or personal records of residents, who has |
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| (i) been convicted of committing or attempting
to commit one or |
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| more of the offenses defined in Section 12-3.3, 12-4.2-5,
16-2, |
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| 16G-15, 16G-20, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, |
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| 24-3.2, or 24-3.3
of the Criminal Code of 1961; Section 4, 5, |
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| 6, 8, or 17.02 of the Illinois
Credit Card and Debit Card Act; |
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| or Section 5.1 of the Wrongs to Children Act;
or (ii) violated |
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| Section 10-5 of the Nursing and Advanced Practice Nursing Act.
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| A UCIA criminal history record check need not be redone for |
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| health care
employees who have been continuously employed by a |
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| health care employer since
January 1, 2004, but nothing in this |
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| Section prohibits a health care employer
from initiating a |
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| criminal history check for these employees.
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| A health care employer is not required to retain an |
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| individual in a position
with duties involving direct care for |
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| clients, patients, or residents, and no long-term care facility |
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| is required to retain an individual in a position with duties |
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| that involve or may involve access to
contact with residents or |
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| access to the living quarters or the financial, medical, or |
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| personal records of residents, who has
been convicted of |
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| committing or attempting to commit one or more of
the offenses |
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| enumerated in this subsection.
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LRB095 09794 RAS 30004 b |
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| (b) A health care employer shall not hire, employ, or |
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| retain any
individual in a position with duties involving |
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| direct care of clients,
patients, or residents, and no |
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| long-term care facility shall knowingly hire, employ, or retain |
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| any individual in a position with duties that involve or may |
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| involve access to
contact with residents or access to the |
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| living quarters or the financial, medical, or personal records |
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| of residents, if the health care employer becomes aware that |
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| the
individual has been convicted in another state of |
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| committing or attempting to
commit an offense that has the same |
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| or similar elements as an offense listed in
subsection (a) or |
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| (a-1), as verified by court records, records from a state
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| agency, or an FBI criminal history record check. This shall not |
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| be construed to
mean that a health care employer has an |
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| obligation to conduct a criminal
history records check in other |
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| states in which an employee has resided.
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| (Source: P.A. 93-224, eff. 7-18-03; 94-556, eff. 9-11-05; |
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| 94-665, eff. 1-1-06; 94-1053, eff. 7-24-06.)
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| (225 ILCS 46/30)
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| Sec. 30. Non-fingerprint based UCIA criminal records |
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| check.
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| (a) Beginning on January 1, 1997,
an educational entity, |
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| other than a secondary school, conducting a nurse aide
training |
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| program must initiate
a UCIA criminal history records
check |
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| prior to entry of an individual into the training program. A |
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LRB095 09794 RAS 30004 b |
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| nurse aide
seeking to be included on the nurse aide registry |
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| shall authorize
the Department of Public Health
or its
designee |
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| that tests nurse aides or the health care employer or its |
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| designee
to
request a criminal history record check pursuant to |
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| the Uniform Conviction
Information Act (UCIA) for each nurse |
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| aide applying for inclusion on the State
nurse
aide registry. |
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| Any nurse aide not
submitting the required authorization and
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| information for the record check will not be added to the State |
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| nurse
aide registry. A nurse aide will not be entered on the |
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| State nurse aide
registry if the report from the Department of |
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| State Police indicates that the
nurse aide has a record of |
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| conviction of any of the criminal offenses
enumerated in |
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| Section 25 unless the nurse aide's identity is validated and
it |
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| is
determined that the nurse aide does
not have a disqualifying |
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| criminal history record
based upon a
fingerprint-based records |
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| check pursuant to Section 35 or the
nurse aide receives a |
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| waiver pursuant to Section 40.
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| (b) The Department of Public Health shall notify each |
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| health care
employer inquiring as
to the information on the |
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| State nurse aide registry of the date of the nurse
aide's last |
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| UCIA criminal history record check. If it has been more than |
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| one
year since the records check, the health care employer must |
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| initiate or have
initiated on his or her behalf a UCIA
criminal |
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| history record check for the nurse
aide pursuant to this |
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| Section. The health care employer must send a copy of
the |
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| results of the record check to the State nurse aide registry |
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LRB095 09794 RAS 30004 b |
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| for
an individual employed as a nurse aide.
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| (c) Beginning January 1, 1996, a health care employer who |
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| makes a
conditional offer of employment to an applicant other |
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| than a nurse
aide for position with duties that involve direct |
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| care for clients, patients,
or residents must initiate or have |
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| initiated on his or her behalf a UCIA
criminal history record |
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| check for that
applicant.
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| (d) No later than January 1, 1997, a health care employer |
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| must initiate or
have initiated on his or her behalf a
UCIA |
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| criminal history record check for all
employees other than |
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| those enumerated in subsections (a), (b), and (c) of this
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| Section with duties that involve direct care for clients, |
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| patients, or
residents.
A health care employer having actual |
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| knowledge from a source other than a
non-fingerprint check that |
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| an employee has been
convicted of committing or attempting to |
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| commit one of the offenses enumerated
in Section 25 of this Act |
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| must initiate a fingerprint-based background check
within 10
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| working days of acquiring that knowledge. The employer may |
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| continue to
employ
that individual in a direct
care position, |
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| may reassign that individual to a non-direct care position, or
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| may suspend the individual until the results of the |
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| fingerprint-based
background check are received.
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| (d-5) Beginning on the effective date of this amendatory |
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| Act of the 95th General Assembly
January 1, 2006 , each |
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| long-term care facility operating in the State must initiate, |
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| or
have initiated on its behalf, a
criminal history record |
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LRB095 09794 RAS 30004 b |
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| check for all
employees hired on or after January 1, 2006 with |
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| duties that involve or may involve access to
contact with
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| residents or access to the living quarters or the financial, |
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| medical, or personal records of residents.
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| (e) The request for a UCIA criminal history record check |
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| must be in the form
prescribed by the Department of State
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| Police.
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| (f) The applicant or employee must be notified of the |
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| following whenever a
non-fingerprint check is made:
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| (i) that the health care employer shall request or have |
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| requested on his
or her behalf a UCIA criminal history
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| record check pursuant to this Act;
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| (ii) that the applicant or employee has a right to |
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| obtain a copy of the
criminal records report from the |
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| health care employer, challenge the
accuracy and |
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| completeness of the report,
and request a waiver under |
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| Section 40 of this Act;
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| (iii) that the applicant, if hired conditionally, may |
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| be terminated if the
criminal records report indicates that |
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| the applicant has a record of conviction
of any of the |
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| criminal offenses enumerated in Section 25 unless the |
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| applicant's
identity is validated and it
is determined that |
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| the applicant does
not have a
disqualifying criminal |
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| history record
based on a fingerprint-based records check |
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| pursuant to
Section 35.
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| (iv) that the applicant, if not hired conditionally, |
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LRB095 09794 RAS 30004 b |
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| shall not be hired if
the criminal records report indicates |
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| that the applicant has a record of
conviction of any of the |
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| criminal offenses enumerated in Section 25 unless the
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| applicant's record is cleared based on a fingerprint-based |
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| records check
pursuant to Section 35.
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| (v) that the employee may be terminated if the criminal |
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| records report
indicates that the employee has a record of |
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| conviction of any of the criminal
offenses enumerated in |
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| Section 25 unless the employee's
record is cleared
based on |
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| a fingerprint-based records check pursuant to Section 35.
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| (g) A health care employer may conditionally employ an |
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| applicant
for
up to 3 months pending the results of a UCIA |
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| criminal history record check.
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| (Source: P.A. 94-665, eff. 1-1-06.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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