093_HB2147ham003











                                     LRB093 07155 AMC 13529 a

 1                    AMENDMENT TO HOUSE BILL 2147

 2        AMENDMENT NO.     .  Amend House Bill 2147,  AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section 5.  The Health Care Worker Background Check  Act
 6    is  amended by changing Section 25 and adding Section 25.2 as
 7    follows:

 8        (225 ILCS 46/25)
 9        Sec. 25.  Persons ineligible to be hired by  health  care
10    employers.
11        (a)  After  January  1,  1996,  or  January  1,  1997, as
12    applicable, no health care  employer  shall  knowingly  hire,
13    employ,  or  retain  any individual in a position with duties
14    involving direct access to care  for  clients,  patients,  or
15    residents, who has been convicted of committing or attempting
16    to  commit  one  or  more of the offenses defined in Sections
17    8-1.1, 8-1.2, 9-1, 9-1.2,  9-2,  9-2.1,  9-3,  9-3.1,  9-3.2,
18    9-3.3,  10-1,  10-2,  10-3,  10-3.1,  10-4, 10-5, 10-7, 11-6,
19    11-9.1, 11-19.2, 11-20.1, 12-1, 12-2, 12-3,  12-3.1,  12-3.2,
20    12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7,
21    12-7.4,  12-11,  12-13,  12-14, 12-14.1, 12-15, 12-16, 12-19,
22    12-21, 12-21.6, 12-32,  12-33,  16-1,  16-1.3,  16A-3,  17-3,
 
                            -2-      LRB093 07155 AMC 13529 a
 1    18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 20-1, 20-1.1,
 2    24-1, 24-1.2, 24-1.5, or 33A-2 of the Criminal Code of 1961;
 3    those  provided  in  Section 4 of the Wrongs to Children Act;
 4    those provided in Section 53 of  the  Criminal  Jurisprudence
 5    Act;  those  defined  in  Section 5, 5.1, 5.2, 7, or 9 of the
 6    Cannabis Control Act;  or  those  defined  in  Sections  401,
 7    401.1,  404,  405,  405.1,  407,  or  407.1  of  the Illinois
 8    Controlled Substances Act, unless the applicant  or  employee
 9    obtains a waiver pursuant to Section 40.
10        (b)  A  health  care  employer shall not hire, employ, or
11    retain any individual in a  position  with  duties  involving
12    direct  access  to care of clients, patients, or residents if
13    the health care employer becomes aware  that  the  individual
14    has   been  convicted  in  another  state  of  committing  or
15    attempting to commit an offense that has the same or  similar
16    elements  as an offense listed in subsection (a), as verified
17    by court records, records from a  state  agency,  or  an  FBI
18    criminal history record check. This shall not be construed to
19    mean that a health care employer has an obligation to conduct
20    a  criminal history records check in other states in which an
21    employee has resided.
22    (Source: P.A. 90-441, eff. 1-1-98; 91-598, eff. 1-1-00.)

23        (225 ILCS 46/25.2 new)
24        Sec. 25.2.  Criminal penalty.   A  person  who  knowingly
25    enters   false,   incomplete,   or  intentionally  misleading
26    information on an application for a position subject to  this
27    Act;   who   knowingly   gives   a   false,   incomplete,  or
28    intentionally  misleading  answer  to  any  question  on   an
29    application  for  employment;  who  knowingly  submits false,
30    incomplete,  or   intentionally   misleading   documents   in
31    connection   with  an  application  for  employment;  or  who
32    knowingly  provides  false,  incomplete,   or   intentionally
33    misleading  information  during  an  interview for a position
 
                            -3-      LRB093 07155 AMC 13529 a
 1    subject to this Act is guilty of a Class A misdemeanor.".