093_HB2147eng

 
HB2147 Engrossed                     LRB093 07155 AMC 07310 b

 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 Section 25 and adding Section 25.2  as
 6    follows:

 7        (225 ILCS 46/25)
 8        Sec.  25.   Persons ineligible to be hired by health care
 9    employers.
10        (a) After  January  1,  1996,  or  January  1,  1997,  as
11    applicable,  no  health  care  employer shall knowingly hire,
12    employ, or retain any individual in a  position  with  duties
13    involving  direct  access  to  care for clients, patients, or
14    residents, who has been convicted of committing or attempting
15    to commit one or more of the  offenses  defined  in  Sections
16    8-1.1,  8-1.2,  9-1,  9-1.2,  9-2,  9-2.1, 9-3, 9-3.1, 9-3.2,
17    9-3.3, 10-1, 10-2, 10-3,  10-3.1,  10-4,  10-5,  10-7,  11-6,
18    11-9.1,  11-19.2,  11-20.1, 12-1, 12-2, 12-3, 12-3.1, 12-3.2,
19    12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7,
20    12-7.4, 12-11, 12-13, 12-14, 12-14.1,  12-15,  12-16,  12-19,
21    12-21,  12-21.6,  12-32,  12-33,  16-1,  16-1.3, 16A-3, 17-3,
22    18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 20-1, 20-1.1,
23    24-1, 24-1.2, 24-1.5, or 33A-2 of the Criminal Code of 1961;
24    those provided in Section 4 of the Wrongs  to  Children  Act;
25    those  provided  in  Section 53 of the Criminal Jurisprudence
26    Act; those defined in Section 5, 5.1, 5.2, 7,  or  9  of  the
27    Cannabis  Control  Act;  or  those  defined  in Sections 401,
28    401.1, 404,  405,  405.1,  407,  or  407.1  of  the  Illinois
29    Controlled  Substances  Act, unless the applicant or employee
30    obtains a waiver pursuant to Section 40.
31        (b)  A health care employer shall not  hire,  employ,  or
 
HB2147 Engrossed            -2-      LRB093 07155 AMC 07310 b
 1    retain  any  individual  in  a position with duties involving
 2    direct access to care of clients, patients, or  residents  if
 3    the  health  care  employer becomes aware that the individual
 4    has  been  convicted  in  another  state  of  committing   or
 5    attempting  to commit an offense that has the same or similar
 6    elements as an offense listed in subsection (a), as  verified
 7    by  court  records,  records  from  a state agency, or an FBI
 8    criminal history record check. This shall not be construed to
 9    mean that a health care employer has an obligation to conduct
10    a criminal history records check in other states in which  an
11    employee has resided.
12    (Source: P.A. 90-441, eff. 1-1-98; 91-598, eff. 1-1-00.)

13        (225 ILCS 46/25.2 new)
14        Sec.  25.2.  Criminal  penalty.   A  person who knowingly
15    enters  false,  incomplete,   or   intentionally   misleading
16    information  on an application for a position subject to this
17    Act;  who   knowingly   gives   a   false,   incomplete,   or
18    intentionally   misleading  answer  to  any  question  on  an
19    application for  employment;  who  knowingly  submits  false,
20    incomplete,   or   intentionally   misleading   documents  in
21    connection  with  an  application  for  employment;  or   who
22    knowingly   provides   false,  incomplete,  or  intentionally
23    misleading information during an  interview  for  a  position
24    subject to this Act is guilty of a Class A misdemeanor.