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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 Nursing Home Care Act is amended by changing | ||||||
5 | Section 3-206.01 as follows:
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6 | (210 ILCS 45/3-206.01) (from Ch. 111 1/2, par. 4153-206.01)
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7 | Sec. 3-206.01. Health care worker registry.
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8 | (a) The Department shall establish and maintain a Health | ||||||
9 | Care Worker Registry accessible by health care employers, as | ||||||
10 | defined in the Health Care Worker Background Check Act, that | ||||||
11 | includes background check and training information registry of | ||||||
12 | all
individuals who (i) have satisfactorily completed the | ||||||
13 | training required
by Section 3-206, (ii) have begun a current | ||||||
14 | course of training as set forth in Section 3-206, or (iii) are | ||||||
15 | otherwise acting as a nursing assistant, habilitation aide, | ||||||
16 | home health aide, psychiatric services rehabilitation aide, or | ||||||
17 | child care aide. The registry shall include the individual's | ||||||
18 | name, his or her
current address, Social Security number, and | ||||||
19 | the date and location of
the training course completed by the | ||||||
20 | individual, and whether the individual has any of the | ||||||
21 | disqualifying convictions listed in Section 25 of the Health | ||||||
22 | Care Worker Background Check Act from the date of the
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23 | individual's last criminal records check. Any individual |
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1 | placed on the
registry is required to inform the Department of | ||||||
2 | any change of address
within 30 days. A facility shall not | ||||||
3 | employ an individual as a nursing
assistant, habilitation aide, | ||||||
4 | home health aide, psychiatric services rehabilitation aide, or | ||||||
5 | child care aide, or newly hired as an individual who may have | ||||||
6 | access to a resident, a resident's living quarters, or a | ||||||
7 | resident's personal, financial, or medical records,
unless the | ||||||
8 | facility has inquired of the Department's health care worker | ||||||
9 | registry as to information in the
registry concerning the | ||||||
10 | individual. The facility shall not employ an individual as a | ||||||
11 | nursing assistant, habilitation aide, or child care aide if | ||||||
12 | that individual is not on the
registry unless the individual is | ||||||
13 | enrolled in a training program under
paragraph (5) of | ||||||
14 | subsection (a) of Section 3-206 of this Act. The Department may | ||||||
15 | also maintain a publicly
accessible registry. | ||||||
16 | (a-5) The registry maintained by the Department exclusive
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17 | to health care employers, as defined in the Health Care Worker | ||||||
18 | Background Check Act, shall clearly indicate whether an
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19 | applicant or employee is eligible for employment and shall
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20 | include the following: | ||||||
21 | (1) information about the individual, including the
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22 | individual's name, his or her current address, Social
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23 | Security number, the date and location of the training
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24 | course completed by the individual, whether the individual
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25 | has any of the disqualifying convictions listed in Section
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26 | 25 of the Health Care Worker Background Check Act from the
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1 | date of the individual's last criminal record check,
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2 | whether the individual has a waiver pending under Section
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3 | 40 of the Health Care Worker Background Check Act, and | ||||||
4 | whether the individual has received a
waiver under Section | ||||||
5 | 40 of that
Act; | ||||||
6 | (2) the following language: | ||||||
7 | "A waiver granted by the Department of Public | ||||||
8 | Health is a determination that the applicant or
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9 | employee is eligible to work in a health care facility.
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10 | The Equal Employment Opportunity Commission provides
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11 | guidance about federal law regarding hiring of | ||||||
12 | individuals with criminal records."; and | ||||||
13 | (3) a link to Equal Employment Opportunity Commission | ||||||
14 | guidance regarding hiring of individuals with criminal | ||||||
15 | records. | ||||||
16 | (a-10) After June 30, 2016, the publicly accessible
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17 | registry maintained by the Department shall report that an | ||||||
18 | individual is ineligible to work if he or she has a | ||||||
19 | disqualifying offense under Section 25 of the Health Care
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20 | Worker Background Check Act and has not received a waiver under
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21 | Section 40 of that Act. If an applicant or employee has
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22 | received a waiver for one or more disqualifying offenses under
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23 | Section 40 of the Health Care Worker Background Check Act and | ||||||
24 | he or she is otherwise eligible to work, the Department of
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25 | Public Health shall report on the public registry that the
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26 | applicant or employee is eligible to work. The Department,
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1 | however, shall not report information regarding the waiver on
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2 | the public registry.
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3 | (a-15) If the Department finds that a nursing assistant, | ||||||
4 | habilitation aide, home health aide, psychiatric services | ||||||
5 | rehabilitation aide, or
child care aide, or an unlicensed | ||||||
6 | individual, has abused or neglected a resident or an individual | ||||||
7 | under his or her care or misappropriated
property of a resident | ||||||
8 | or an individual under his or her care, the Department shall | ||||||
9 | notify the individual of
this finding by certified mail sent to | ||||||
10 | the address contained in the registry. The notice shall give | ||||||
11 | the individual an opportunity to contest the finding in a
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12 | hearing before the Department or to submit a written response | ||||||
13 | to the findings
in lieu of requesting a hearing. If, after a | ||||||
14 | hearing or if the individual does
not request a hearing, the | ||||||
15 | Department finds that the individual abused a
resident, | ||||||
16 | neglected a resident, or misappropriated resident property in a
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17 | facility, the finding shall be included as part of the registry | ||||||
18 | as well as a clear and accurate summary
from the individual, if | ||||||
19 | he or she chooses to make such a
statement. The Department | ||||||
20 | shall make the following information in the registry available | ||||||
21 | to
the public: an individual's full name; the date an | ||||||
22 | individual successfully completed a nurse aide training or | ||||||
23 | competency evaluation; and whether the Department has made a | ||||||
24 | finding that an individual has been guilty of abuse or neglect | ||||||
25 | of a resident or misappropriation of resident property. In the | ||||||
26 | case of inquiries to the registry concerning an individual
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1 | listed in the registry, any information disclosed concerning | ||||||
2 | such a finding
shall also include disclosure of the | ||||||
3 | individual's statement in the registry relating to the
finding | ||||||
4 | or a clear and accurate summary of the statement.
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5 | (b) The Department shall add to the health care worker | ||||||
6 | registry records
of findings as reported by the Inspector | ||||||
7 | General or remove from
the health care worker registry records | ||||||
8 | of findings as reported by the
Department of Human Services, | ||||||
9 | under subsection (s) of Section 1-17 of the Department of Human | ||||||
10 | Services Act.
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11 | (Source: P.A. 99-78, eff. 7-20-15.)
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12 | Section 10. The Health Care Worker Background Check Act is | ||||||
13 | amended by changing Sections 25, 33, and 40 and by adding | ||||||
14 | Section 40.1 as follows:
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15 | (225 ILCS 46/25)
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16 | Sec. 25. Hiring of people with criminal records Persons | ||||||
17 | ineligible to be hired by health care employers and long-term | ||||||
18 | care facilities.
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19 | (a) A health care employer or long-term care facility may | ||||||
20 | hire, employ, or retain any individual in a position involving | ||||||
21 | direct care for clients, patients, or residents, or access to | ||||||
22 | the living quarters or the financial, medical, or personal | ||||||
23 | records of clients, patients, or residents who has been | ||||||
24 | convicted of committing or attempting to commit one or more of |
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1 | the following offenses only with a waiver described in Section | ||||||
2 | 40 In the discretion of the Director of Public Health, as soon | ||||||
3 | after January 1, 1996, January 1, 1997, January 1, 2006, or | ||||||
4 | October 1, 2007, as applicable, and as is reasonably practical, | ||||||
5 | no
health care employer shall knowingly hire, employ, or retain | ||||||
6 | any
individual in a position with duties involving direct care | ||||||
7 | for clients,
patients, or residents, and no long-term care | ||||||
8 | facility shall knowingly hire, employ, or retain any individual | ||||||
9 | in a position with duties that involve or may involve
contact | ||||||
10 | with residents or access to the living quarters or the | ||||||
11 | financial, medical, or personal records of residents, who has | ||||||
12 | been convicted of committing or attempting to
commit one or | ||||||
13 | more of the following offenses : those defined in Sections | ||||||
14 | 8-1(b), 8-1.1, 8-1.2, 9-1,
9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, | ||||||
15 | 9-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4,
10-5, | ||||||
16 | 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, | ||||||
17 | 11-9.1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, | ||||||
18 | 12-2, 12-3.05, 12-3.1,
12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2, | ||||||
19 | 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4,
12-11, 12-13, | ||||||
20 | 12-14, 12-14.1, 12-15, 12-16, 12-19, 12-21, 12-21.6, 12-32,
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21 | 12-33, 12C-5, 16-1, 16-1.3, 16-25,
16A-3, 17-3, 17-56, 18-1, | ||||||
22 | 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 19-6, 20-1, 20-1.1,
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23 | 24-1, 24-1.2, 24-1.5, or 33A-2, or subdivision (a)(4) of | ||||||
24 | Section 11-14.4, or in subsection (a) of Section 12-3 or | ||||||
25 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
26 | of 1961 or the Criminal Code of 2012; those provided in
Section |
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1 | 4 of the Wrongs to Children Act; those provided in Section 53 | ||||||
2 | of the
Criminal Jurisprudence Act; those defined in subsection | ||||||
3 | (c), (d), (e), (f), or (g) of Section 5 or Section , 5.1, 5.2, | ||||||
4 | 7, or 9 of
the Cannabis Control Act; those defined in the | ||||||
5 | Methamphetamine Control and Community Protection Act; or those | ||||||
6 | defined in Sections 401, 401.1, 404, 405,
405.1, 407, or 407.1 | ||||||
7 | of the Illinois Controlled Substances Act , unless the
applicant | ||||||
8 | or employee obtains a waiver pursuant to Section 40 .
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9 | (a-1) 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 only with a waiver described in Section | ||||||
16 | 40: those In the discretion of the Director of Public Health, | ||||||
17 | as soon after January 1, 2004 or October 1, 2007, as | ||||||
18 | applicable, and as is reasonably practical, no health care | ||||||
19 | employer shall knowingly hire
any individual in a position with | ||||||
20 | duties involving direct care for clients,
patients, or | ||||||
21 | residents, and no long-term care facility shall knowingly hire | ||||||
22 | any individual in a position with duties that involve or may | ||||||
23 | involve
contact with residents or access to the living quarters | ||||||
24 | or the financial, medical, or personal records of residents, | ||||||
25 | who has (i) been convicted of committing or attempting
to | ||||||
26 | commit one or more of the offenses defined in Section 12-3.3, |
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1 | 12-4.2-5,
16-2, 16-30, 16G-15, 16G-20, 17-33, 17-34, 17-36, | ||||||
2 | 17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 24-3.2, or | ||||||
3 | 24-3.3, or subsection (b) of Section 17-32, subsection (b) of | ||||||
4 | Section 18-1, or subsection (b) of Section 20-1,
of the | ||||||
5 | Criminal Code of 1961 or the Criminal Code of 2012; Section 4, | ||||||
6 | 5, 6, 8, or 17.02 of the Illinois
Credit Card and Debit Card | ||||||
7 | Act; or Section 11-9.1A of the Criminal Code of 1961 or the | ||||||
8 | Criminal Code of 2012 or Section 5.1 of the Wrongs to Children | ||||||
9 | Act;
or (ii) violated Section 50-50 of the Nurse Practice Act , | ||||||
10 | unless the applicant or employee obtains a waiver pursuant to | ||||||
11 | Section 40 of this Act .
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12 | A health care employer is not required to retain an | ||||||
13 | individual in a position
with duties involving direct care for | ||||||
14 | clients, patients, or residents, and no long-term care facility | ||||||
15 | is required to retain an individual in a position with duties | ||||||
16 | that involve or may involve
contact with residents or access to | ||||||
17 | the living quarters or the financial, medical, or personal | ||||||
18 | records of residents, who has
been convicted of committing or | ||||||
19 | attempting to commit one or more of
the offenses enumerated in | ||||||
20 | this subsection.
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21 | (b) A health care employer shall not hire, employ, or | ||||||
22 | retain any
individual in a position with duties involving | ||||||
23 | direct care of clients,
patients, or residents, and no | ||||||
24 | long-term care facility shall knowingly hire, employ, or retain | ||||||
25 | any individual in a position with duties that involve or may | ||||||
26 | involve
contact with residents or access to the living quarters |
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1 | or the financial, medical, or personal records of residents, if | ||||||
2 | the health care employer becomes aware that the
individual has | ||||||
3 | been convicted in another state of committing or attempting to
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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 court | ||||||
6 | records, records from a state
agency, or an FBI criminal | ||||||
7 | history record check, unless the applicant or employee obtains | ||||||
8 | a waiver pursuant to Section 40 of this Act. This shall not be | ||||||
9 | construed to
mean that a health care employer has an obligation | ||||||
10 | to conduct a criminal
history records check in other states in | ||||||
11 | which an employee has resided.
| ||||||
12 | (Source: P.A. 96-710, eff. 1-1-10; 96-1551, Article 1, Section | ||||||
13 | 930, eff. 7-1-11; 96-1551, Article 2, Section 995, eff. 7-1-11; | ||||||
14 | 96-1551, Article 10, Section 10-40, eff. 7-1-11; 97-597, eff. | ||||||
15 | 1-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, | ||||||
16 | eff. 1-25-13.) | ||||||
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 of | ||||||
25 | 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 Public | ||||||
12 | Health's Health Care Worker Registry must authorize the | ||||||
13 | 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 offense. | ||||||
16 | This authorization shall allow the Department of Public Health | ||||||
17 | to request and receive information and assistance from any | ||||||
18 | State or local governmental agency. Each individual shall | ||||||
19 | submit his or her fingerprints to the Department of State | ||||||
20 | Police in an electronic format that complies with the form and | ||||||
21 | manner for requesting and furnishing criminal history record | ||||||
22 | information prescribed by the Department of State Police. The | ||||||
23 | fingerprints submitted under this Section shall be checked | ||||||
24 | against the fingerprint records now and hereafter filed in the | ||||||
25 | Department of State Police criminal history record databases. | ||||||
26 | The Department of State Police shall charge a fee for |
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1 | conducting the criminal history records check, which shall not | ||||||
2 | exceed the actual cost of the records check. The livescan | ||||||
3 | vendor may act as the designee for individuals, educational | ||||||
4 | entities, or health care employers in the collection of | ||||||
5 | Department of State Police fees and deposit those fees into the | ||||||
6 | State Police Services Fund. The Department of State Police | ||||||
7 | shall provide information concerning any criminal convictions, | ||||||
8 | now or hereafter filed, against the individual. | ||||||
9 | (c) On October 1, 2007 or as soon thereafter as is | ||||||
10 | reasonably practical, in the discretion of the Director of | ||||||
11 | Public Health, and thereafter, an educational
entity, other | ||||||
12 | than a secondary school, conducting a nurse aide training | ||||||
13 | program must initiate a fingerprint-based criminal history | ||||||
14 | records check requested by the Department of Public Health | ||||||
15 | prior to entry of an individual into the training program. | ||||||
16 | (d) On October 1, 2007 or as soon thereafter as is | ||||||
17 | reasonably practical, in the discretion of the Director of | ||||||
18 | Public Health, and thereafter, a health care
employer who makes | ||||||
19 | a conditional offer of employment to an applicant for a | ||||||
20 | position as an employee must initiate a fingerprint-based | ||||||
21 | criminal history record check, requested by the Department of | ||||||
22 | Public Health, on the applicant, if such a background check has | ||||||
23 | not been previously conducted. | ||||||
24 | (e) When initiating a background check requested by the
| ||||||
25 | Department of Public Health, an educational entity or health | ||||||
26 | care employer shall electronically submit to the Department of |
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1 | Public Health the student's, applicant's, or employee's social | ||||||
2 | security number, demographics, disclosure, and authorization | ||||||
3 | information in a format prescribed by the Department of Public | ||||||
4 | Health within 2 working days after the authorization is | ||||||
5 | secured. The student, applicant, or employee must have his or | ||||||
6 | her fingerprints collected electronically and transmitted to | ||||||
7 | the Department of State Police within 10 working days. The | ||||||
8 | educational entity or health care employer must transmit all | ||||||
9 | necessary information and fees to the livescan vendor and | ||||||
10 | Department of State Police within 10 working days after receipt | ||||||
11 | of the authorization. This information and the results of the | ||||||
12 | criminal history record checks shall be maintained by the | ||||||
13 | Department of Public Health's Health Care Worker Registry. | ||||||
14 | (f) A direct care employer may initiate a fingerprint-based | ||||||
15 | background check requested by the Department of Public Health | ||||||
16 | for any of its employees, but may not use this process to | ||||||
17 | initiate background checks for residents. The results of any | ||||||
18 | fingerprint-based background check that is initiated with the | ||||||
19 | Department as the requestor shall be entered in the Health Care | ||||||
20 | Worker Registry. | ||||||
21 | (g) As long as the employee has had a fingerprint-based | ||||||
22 | criminal history record check requested by the Department of | ||||||
23 | Public Health and stays active on the Health Care Worker | ||||||
24 | Registry, no further criminal history record checks shall be | ||||||
25 | deemed necessary, as the Department of State Police shall | ||||||
26 | notify the Department of Public Health of any additional |
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1 | convictions associated with the fingerprints previously | ||||||
2 | submitted. Health care employers are required to check the | ||||||
3 | Health Care Worker Registry before hiring an employee to | ||||||
4 | determine that the individual has had a fingerprint-based | ||||||
5 | record check requested by the Department of Public Health and | ||||||
6 | has no disqualifying convictions or has been granted a waiver | ||||||
7 | pursuant to Section 40 of this Act. If the individual has not | ||||||
8 | had such a background check or is not active on the Health Care | ||||||
9 | Worker Registry, then the health care employer must initiate a | ||||||
10 | fingerprint-based record check requested by the Department of | ||||||
11 | Public Health. If an individual is inactive on the Health Care | ||||||
12 | Worker Registry, that individual is prohibited from being hired | ||||||
13 | to work as a certified nurse aide if, since the individual's | ||||||
14 | most recent completion of a competency test, there has been a | ||||||
15 | period of 24 consecutive months during which the individual has | ||||||
16 | not provided nursing or nursing-related services for pay. If | ||||||
17 | the individual can provide proof of having retained his or her | ||||||
18 | certification by not having a 24 consecutive month break in | ||||||
19 | service for pay, he or she may be hired as a certified nurse | ||||||
20 | aide and that employment information shall be entered into the | ||||||
21 | Health Care Worker Registry. | ||||||
22 | (h) On October 1, 2007 or as soon thereafter as is | ||||||
23 | reasonably practical, in the discretion of the Director of | ||||||
24 | Public Health, and thereafter, if the Department of State | ||||||
25 | Police notifies the Department of Public Health that an | ||||||
26 | employee has a new conviction of a disqualifying offense, based |
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1 | upon the fingerprints that were previously submitted, then (i) | ||||||
2 | the Health Care Worker Registry shall notify the employee's | ||||||
3 | last known employer of the offense, (ii) a record of the | ||||||
4 | employee's disqualifying offense shall be entered on the Health | ||||||
5 | Care Worker Registry, and (iii) the individual shall no longer | ||||||
6 | be eligible to work as an employee unless he or she obtains a | ||||||
7 | waiver pursuant to Section 40 of this Act. | ||||||
8 | (i) On October 1, 2007, or as soon thereafter, in the | ||||||
9 | discretion of the Director of Public Health, as is reasonably | ||||||
10 | practical, and thereafter, each direct care employer or its | ||||||
11 | designee must provide an employment verification for each | ||||||
12 | employee no less than annually. The direct care employer or its | ||||||
13 | designee must log into the Health Care Worker Registry through | ||||||
14 | a secure login. The health care employer or its designee must | ||||||
15 | indicate employment and termination dates within 30 days after | ||||||
16 | hiring or terminating an employee, as well as the employment | ||||||
17 | category and type. Failure to comply with this subsection (i) | ||||||
18 | constitutes a licensing violation. For health care employers | ||||||
19 | that are not licensed or certified, a fine of up to $500 may be | ||||||
20 | imposed for failure to maintain these records. This information | ||||||
21 | shall be used by the Department of Public Health to notify the | ||||||
22 | last known employer of any disqualifying offenses that are | ||||||
23 | reported by the Department of State Police.
| ||||||
24 | (j) The Department of Public Health shall notify each
| ||||||
25 | health care employer or long-term care facility inquiring as to | ||||||
26 | the information on the Health Care Worker Registry if the |
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| |||||||
1 | applicant or employee listed on the registry has a | ||||||
2 | disqualifying offense and is therefore ineligible to work . In | ||||||
3 | the event that an applicant or employee has a waiver for one or | ||||||
4 | more disqualifying offenses pursuant to Section 40 of this Act | ||||||
5 | and he or she is otherwise eligible to work, the Department of | ||||||
6 | Public Health shall report that the applicant or employee is | ||||||
7 | eligible to work and that additional information is available | ||||||
8 | on the Health Care Worker Registry. The Department may report | ||||||
9 | that the applicant or employee has received a waiver or has a | ||||||
10 | waiver pursuant to Section 40 of this Act . | ||||||
11 | (k) The student, applicant, or employee must be notified
of | ||||||
12 | each of the following whenever a fingerprint-based criminal | ||||||
13 | history records check is required: | ||||||
14 | (1) That the educational entity, health care
employer, | ||||||
15 | or long-term care facility shall initiate a | ||||||
16 | fingerprint-based criminal history record check requested | ||||||
17 | by the Department of Public Health of the student, | ||||||
18 | applicant, or employee pursuant to this Act. | ||||||
19 | (2) That the student, applicant, or employee has a
| ||||||
20 | right to obtain a copy of the criminal records report that | ||||||
21 | indicates a conviction for a disqualifying offense and | ||||||
22 | challenge the accuracy and completeness of the report | ||||||
23 | through an established Department of State Police | ||||||
24 | procedure of Access and Review. | ||||||
25 | (3) That the applicant, if hired conditionally, may
be | ||||||
26 | terminated if the criminal records report indicates that |
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1 | the applicant has a record of a conviction of any of the | ||||||
2 | criminal offenses enumerated in Section 25, unless the | ||||||
3 | applicant obtains a waiver pursuant to Section 40 of this | ||||||
4 | Act. | ||||||
5 | (4) That the applicant, if not hired conditionally,
| ||||||
6 | shall not be hired if the criminal records report indicates | ||||||
7 | that the applicant has a record of a conviction of any of | ||||||
8 | the criminal offenses enumerated in Section 25, unless the | ||||||
9 | applicant obtains a waiver pursuant to Section 40 of this | ||||||
10 | Act. | ||||||
11 | (5) That the employee shall be terminated if the
| ||||||
12 | criminal records report indicates that the employee has a | ||||||
13 | record of a conviction of any of the criminal offenses | ||||||
14 | enumerated in Section 25. | ||||||
15 | (6) If, after the employee has originally been | ||||||
16 | determined not to have disqualifying offenses, the | ||||||
17 | employer is notified that the employee has a new | ||||||
18 | conviction(s) of any of the criminal offenses enumerated in | ||||||
19 | Section 25, then the employee shall be terminated. | ||||||
20 | (l) A health care employer or long-term care facility may
| ||||||
21 | conditionally employ an applicant for up to 3 months pending | ||||||
22 | the results of a fingerprint-based criminal history record | ||||||
23 | check requested by the Department of Public Health. | ||||||
24 | (m) The Department of Public Health or an entity
| ||||||
25 | responsible for inspecting, licensing, certifying, or | ||||||
26 | registering the health care employer or long-term care facility |
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| |||||||
1 | shall be immune from liability for notices given based on the | ||||||
2 | results of a fingerprint-based criminal history record check.
| ||||||
3 | (Source: P.A. 95-120, eff. 8-13-07.)
| ||||||
4 | (225 ILCS 46/40)
| ||||||
5 | Sec. 40. Waiver.
| ||||||
6 | (a) Any student, applicant, or employee listed on the | ||||||
7 | Health Care Worker Registry may request a waiver of the
| ||||||
8 | prohibition against
employment by:
| ||||||
9 | (1) completing a waiver application on a form | ||||||
10 | prescribed by the Department of Public Health;
| ||||||
11 | (2) providing a written explanation of each conviction | ||||||
12 | to include (i) what happened, (ii) how many years have | ||||||
13 | passed since the offense, (iii) the individuals involved, | ||||||
14 | (iv) the age of the applicant at the time of the offense, | ||||||
15 | and (v) any other circumstances surrounding the offense; | ||||||
16 | and | ||||||
17 | (3) providing official documentation showing that all | ||||||
18 | fines have been paid, if applicable and except for in the | ||||||
19 | instance of payment of court-imposed fines or restitution | ||||||
20 | in which the applicant is adhering to a payment schedule, | ||||||
21 | and the date probation or parole was satisfactorily | ||||||
22 | completed, if applicable.
| ||||||
23 | (b) The applicant may, but is not required to, submit | ||||||
24 | employment and character references and any other evidence | ||||||
25 | demonstrating the ability of the applicant or employee
to |
| |||||||
| |||||||
1 | perform the employment responsibilities competently and | ||||||
2 | evidence that the
applicant or employee does not pose a threat | ||||||
3 | to the health or safety of
residents, patients, or clients.
| ||||||
4 | (c) The Department of Public Health may, at the discretion | ||||||
5 | of the Director of Public Health, grant a waiver to an | ||||||
6 | applicant, student, or employee listed on the registry. The | ||||||
7 | Department of Public Health shall
must inform health care | ||||||
8 | employers if a waiver is being sought by entering a record on | ||||||
9 | the Health Care Worker Registry that a waiver is pending and | ||||||
10 | must act upon the waiver request within 30 days
of
receipt of | ||||||
11 | all necessary information, as defined by rule. The Department | ||||||
12 | of Public Health shall send an applicant, student, or employee | ||||||
13 | written notification of its decision whether to grant a waiver, | ||||||
14 | including listing the specific disqualifying offenses for | ||||||
15 | which the waiver is being granted or denied. The Department | ||||||
16 | shall issue additional copies of this written notification upon | ||||||
17 | the applicant's, student's, or employee's request Except in | ||||||
18 | cases where a rehabilitation waiver is granted, a letter shall | ||||||
19 | be sent to the applicant notifying the applicant that he or she | ||||||
20 | has received an automatic waiver .
| ||||||
21 | (d) An individual shall not be employed from the
time that | ||||||
22 | the employer receives a notification from the Department of | ||||||
23 | Public Health based upon the results of a fingerprint-based | ||||||
24 | criminal history records check
containing disqualifying | ||||||
25 | conditions until the time that the individual receives
a | ||||||
26 | waiver.
|
| |||||||
| |||||||
1 | (e) The entity responsible for inspecting, licensing,
| ||||||
2 | certifying, or
registering the health care employer and the | ||||||
3 | Department of Public Health shall be immune from liability for | ||||||
4 | any
waivers granted under this Section.
| ||||||
5 | (f) A health care employer is not obligated to employ or | ||||||
6 | offer
permanent
employment to an applicant, or to retain an | ||||||
7 | employee who is granted a waiver
under this Section.
| ||||||
8 | (Source: P.A. 95-120, eff. 8-13-07; 95-545, eff. 8-28-07; | ||||||
9 | 95-876, eff. 8-21-08; 96-565, eff. 8-18-09.)
| ||||||
10 | (225 ILCS 46/40.1 new) | ||||||
11 | Sec. 40.1. Health Care Worker Registry working group. | ||||||
12 | (a) The Office of the Governor shall establish a working | ||||||
13 | group regarding the activities under this Act, with the | ||||||
14 | following goals: | ||||||
15 | (1) to evaluate and monitor the success of health care | ||||||
16 | waivers under Section 40 in creating job opportunity for | ||||||
17 | people with criminal records; and | ||||||
18 | (2) to identify and recommend changes to the waiver | ||||||
19 | application and implementation process to reduce barriers | ||||||
20 | for applicants or employees. | ||||||
21 | In order to ensure that the working group is fully | ||||||
22 | informed, the Department of Public Health and the Governor's | ||||||
23 | Office shall provide the working group with any relevant | ||||||
24 | aggregate data currently available that is related to the | ||||||
25 | waiver process and its effectiveness. The working group shall |
| |||||||
| |||||||
1 | identify any gaps in information currently collected that would | ||||||
2 | inform the working group's efforts and make recommendations to | ||||||
3 | the Governor's Office and the General Assembly about what | ||||||
4 | additional data should be collected to evaluate and monitor the | ||||||
5 | success of the waiver process by July 1, 2017. | ||||||
6 | (b) The working group shall be comprised of representatives | ||||||
7 | from advocacy and community-based organizations, individuals | ||||||
8 | directly impacted by the waiver process, industry | ||||||
9 | representatives, members of the General Assembly, and | ||||||
10 | representatives from the Department of Public Health and the | ||||||
11 | Office of the Governor. The working group shall meet at least 2 | ||||||
12 | times each year.
| ||||||
13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law. |