093_HB2030eng

 
HB2030 Engrossed                     LRB093 04870 AMC 04929 b

 1        AN ACT regarding professional regulation.

 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 Section 30 as follows:

 6        (225 ILCS 46/30)
 7        Sec. 30.  Non-fingerprint  based  UCIA  criminal  records
 8    check.
 9        (a)  Beginning on January 1, 1997, an educational entity,
10    other  than  a  secondary  school,  conducting  a  nurse aide
11    training  program  must  initiate  a  UCIA  criminal  history
12    records check prior  to  entry  of  an  individual  into  the
13    training program.  A nurse aide seeking to be included on the
14    nurse  aide  registry  must shall authorize the Department of
15    Public Health or its designee that tests nurse aides  or  the
16    health  care  employer  or its designee to request a criminal
17    history record  check  pursuant  to  the  Uniform  Conviction
18    Information  Act  (UCIA)  for  each  nurse  aide applying for
19    inclusion on the State nurse aide registry.  Any  nurse  aide
20    not submitting the required authorization and information for
21    the  record  check  will not be added to the State nurse aide
22    registry.  A nurse aide will not  be  entered  on  the  State
23    nurse  aide  registry  if  the  report from the Department of
24    State Police indicates that the nurse aide has  a  record  of
25    conviction  of  any  of  the  criminal offenses enumerated in
26    Section 25 unless the nurse aide's identity is validated  and
27    it  is  determined  that  the  nurse  aide  does  not  have a
28    disqualifying  criminal   history   record   based   upon   a
29    fingerprint-based records check pursuant to Section 35 or the
30    nurse aide receives a waiver pursuant to Section 40.
31        (b)  The  Department  of  Public Health must shall notify
 
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 1    each health care employer inquiring as to the information  on
 2    the State nurse aide registry of the date of the nurse aide's
 3    last UCIA criminal history record check.  If it has been more
 4    than  one  year  since  the  records  check,  the health care
 5    employer must initiate or have initiated on his or her behalf
 6    a UCIA criminal history  record  check  for  the  nurse  aide
 7    pursuant to this Section.  The health care employer must send
 8    a  copy of the results of the record check to the State nurse
 9    aide registry for an individual employed as a nurse aide.
10        (c)  Beginning January 1, 1996, a  health  care  employer
11    who  makes  a conditional offer of employment to an applicant
12    other than a nurse aide for position with duties that involve
13    direct care for clients, patients, or residents must initiate
14    or have initiated on  his  or  her  behalf  a  UCIA  criminal
15    history record check for that applicant.
16        (d)  No  later  than  January  1,  1997,  a  health  care
17    employer must initiate or have initiated on his or her behalf
18    a  UCIA criminal history record check for all employees other
19    than  those  enumerated  in  subsections (a), (b), and (c) of
20    this  Section  with  duties  that  involve  direct  care  for
21    clients, patients,  or  residents.  A  health  care  employer
22    having   actual   knowledge   from  a  source  other  than  a
23    non-fingerprint check that an employee has been convicted  of
24    committing  or  attempting  to  commit  one  of  the offenses
25    enumerated  in  Section  25  of  this  Act  must  initiate  a
26    fingerprint-based background check within 10 working days  of
27    acquiring  that  knowledge.   The  employer  may  continue to
28    employ  that  individual  in  a  direct  care  position,  may
29    reassign that individual to a non-direct  care  position,  or
30    may   suspend   the  individual  until  the  results  of  the
31    fingerprint-based background check are received.
32        (e)  The request for a UCIA criminal history record check
33    must be in the form prescribed by  the  Department  of  State
34    Police.
 
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 1        (f)  The  applicant  or  employee must be notified of the
 2    following whenever a non-fingerprint check is made:
 3             (i)  that the health care employer shall request  or
 4        have  requested  on  his  or  her  behalf a UCIA criminal
 5        history record check pursuant to this Act;
 6             (ii)  that the applicant or employee has a right  to
 7        obtain  a  copy  of  the criminal records report from the
 8        health  care  employer,  challenge   the   accuracy   and
 9        completeness  of  the  report, and request a waiver under
10        Section 40 of this Act;
11             (iii)  that the applicant, if  hired  conditionally,
12        may   be   terminated  if  the  criminal  records  report
13        indicates that the applicant has a record  of  conviction
14        of  any of the criminal offenses enumerated in Section 25
15        unless the applicant's identity is validated  and  it  is
16        determined   that   the   applicant   does   not  have  a
17        disqualifying  criminal  history  record   based   on   a
18        fingerprint-based records check pursuant to Section 35.
19             (iv)  that    the    applicant,    if    not   hired
20        conditionally, shall not be hired if the criminal records
21        report indicates that  the  applicant  has  a  record  of
22        conviction  of any of the criminal offenses enumerated in
23        Section 25 unless the applicant's record is cleared based
24        on a fingerprint-based records check pursuant to  Section
25        35.
26             (v)  that  the  employee  may  be  terminated if the
27        criminal records report indicates that the employee has a
28        record of conviction of  any  of  the  criminal  offenses
29        enumerated  in Section 25 unless the employee's record is
30        cleared  based  on  a  fingerprint-based  records   check
31        pursuant to Section 35.
32        (g)  A  health  care employer may conditionally employ an
33    applicant to provide direct care for up to 3  months  pending
34    the results of a UCIA criminal history record check.
 
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 1    (Source: P.A. 91-598, eff. 1-1-00.)