Full Text of HB1728 95th General Assembly
HB1728 95TH GENERAL ASSEMBLY
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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 | 5 |
| amended by changing Sections 5, 10, 15, 20, 25, and 30 as | 6 |
| follows:
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| (225 ILCS 46/5)
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| Sec. 5. Purpose. The General Assembly finds that it is in | 9 |
| the public
interest to protect the most frail and disabled | 10 |
| citizens of the State of
Illinois from possible harm
through a | 11 |
| criminal background check of certain health care workers and | 12 |
| all employees of licensed and certified long-term care | 13 |
| facilities who have or may have access to
contact with
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| residents or have access to the living quarters or the | 15 |
| 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 | 19 |
| employed or
retained by a health care employer as home health | 20 |
| care aides, nurse aides,
personal care assistants, private duty | 21 |
| nurse aides, day
training personnel, or an individual working | 22 |
| in any similar health-related
occupation where he or she |
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LRB095 09794 RAS 30004 b |
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| provides direct care or has access to long-term care residents | 2 |
| or the living quarters or financial, medical, or personal | 3 |
| records of long-term care residents. This Act also applies to | 4 |
| all employees of licensed or certified long-term care | 5 |
| facilities who have or may have access to
contact with
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| residents or access to the living quarters or the financial, | 7 |
| 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 | 11 |
| following
definitions apply :
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| "Access to" means having the ability, right, or permission | 13 |
| to approach, speak with, or make contact with a client, | 14 |
| patient, or resident. | 15 |
| "Applicant" means an individual seeking employment with a | 16 |
| health care
employer who has received a bona fide conditional | 17 |
| offer of employment.
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| "Conditional offer of employment" means a bona fide offer | 19 |
| of employment by a
health care employer to an applicant, which | 20 |
| is contingent upon the receipt of a
report from the Department | 21 |
| of Public Health
State Police indicating that the applicant | 22 |
| does
not have a record of conviction of any of the criminal | 23 |
| offenses enumerated in
Section 25.
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| "Direct care" means the provision of nursing care or | 25 |
| assistance with feeding,
dressing, movement, bathing, |
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| toileting, or other personal needs, including home services as | 2 |
| defined in the Home Health, Home Services, and Home Nursing | 3 |
| Agency Licensing Act. The entity
responsible for inspecting and | 4 |
| licensing, certifying, or registering the
health care employer | 5 |
| may, by administrative rule, prescribe guidelines for
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| interpreting this definition with regard to the health care | 7 |
| 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 | 11 |
| Community Living
Facilities Act;
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| (ii) a life care facility, as defined in the Life | 13 |
| Care Facilities Act;
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| (iii) a long-term care facility , as defined in the | 15 |
| Nursing Home Care Act ;
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| (iv) a home health agency, home services agency, or | 17 |
| home nursing agency as defined in the Home Health, Home | 18 |
| Services, and Home Nursing Agency Licensing
Act;
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| (v) a comprehensive hospice care program or | 20 |
| volunteer hospice program, as defined in the Hospice | 21 |
| Program Licensing Act;
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| (vi) a hospital, as defined in the Hospital | 23 |
| Licensing Act;
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| (vii) a community residential alternative, as | 25 |
| defined in the Community
Residential Alternatives | 26 |
| Licensing Act;
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| (viii) a nurse agency, as defined in the Nurse | 2 |
| Agency Licensing Act;
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| (ix) a respite care provider, as defined in the | 4 |
| Respite Program Act;
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| (ix-a) an establishment licensed under the | 6 |
| Assisted Living and Shared
Housing Act;
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| (x) a supportive living program, as defined in the | 8 |
| Illinois Public Aid
Code;
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| (xi) early childhood intervention programs as | 10 |
| described in 59 Ill. Adm.
Code 121;
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| (xii) the University of Illinois Hospital, | 12 |
| Chicago;
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| (xiii) programs funded by the Department on Aging | 14 |
| through the Community
Care Program;
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| (xiv) programs certified to participate in the | 16 |
| Supportive Living Program
authorized pursuant to | 17 |
| Section 5-5.01a of the Illinois Public Aid Code;
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| (xv) programs listed by the Emergency Medical | 19 |
| Services (EMS) Systems Act
as
Freestanding Emergency | 20 |
| Centers;
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| (xvi) locations licensed under the Alternative | 22 |
| Health Care Delivery
Act;
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| (2) a day training program certified by the Department | 24 |
| of Human Services;
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| (3) a community integrated living arrangement operated | 26 |
| by a community
mental health and developmental service |
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LRB095 09794 RAS 30004 b |
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| agency, as defined in the
Community-Integrated Living | 2 |
| Arrangements Licensing and Certification Act; or
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| (4) the State Long Term Care Ombudsman Program, | 4 |
| including any regional long term care ombudsman programs | 5 |
| under Section 4.04 of the Illinois Act on the Aging, only | 6 |
| for the purpose of securing background checks.
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| "Initiate" means the obtaining of the authorization for a | 8 |
| record check from
a student, applicant, or employee. The | 9 |
| educational entity or health care
employer or its designee | 10 |
| shall transmit all necessary information and fees
to the | 11 |
| Illinois State Police within 10 working days after receipt of | 12 |
| the
authorization.
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| "Long-term care facility" means a facility licensed by the | 14 |
| State or certified under federal law as a long-term care | 15 |
| facility, including without limitation facilities licensed | 16 |
| under the Nursing Home Care Act, a supportive living facility, | 17 |
| an assisted living establishment, or a shared housing | 18 |
| 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, | 20 |
| 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 | 24 |
| Financial and Professional
Regulation or the Department of | 25 |
| Public Health under another law of this State;
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LRB095 09794 RAS 30004 b |
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| (b) an individual employed or retained by a health care | 2 |
| employer for whom
a
criminal background check is required | 3 |
| by another law of this State; or
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| (c) a student in a licensed health care field | 5 |
| including, but not limited
to, a student nurse, a physical | 6 |
| therapy student, or a respiratory care student
unless he or | 7 |
| she is employed by a health care employer
in a position | 8 |
| 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 | 11 |
| redone by the
University of Illinois Hospital, Chicago (U of I) | 12 |
| or a program funded by the
Department on Aging through the | 13 |
| Community Care Program (CCP) if the U of I or
the CCP: (i) has | 14 |
| done a UCIA check on the individual; (ii) has continuously
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| employed the individual since the UCIA criminal records check | 16 |
| was done; and
(iii) has taken actions with respect to this Act | 17 |
| within 12 months after the
effective date of this amendatory | 18 |
| 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 | 22 |
| employers and long-term care facilities.
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| (a) After January 1, 1996, January 1, 1997, or the | 24 |
| effective date of this amendatory Act of the 94th General | 25 |
| Assembly, as applicable, no
health care employer shall |
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LRB095 09794 RAS 30004 b |
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| knowingly hire, employ, or retain any
individual in a position | 2 |
| with duties involving direct care for clients,
patients, or | 3 |
| residents, and no long-term care facility shall knowingly hire, | 4 |
| employ, or retain any individual in a position with duties that | 5 |
| involve or may involve contact with residents or access to the | 6 |
| living quarters or the financial, medical, or personal records | 7 |
| of residents, who has been convicted of committing or | 8 |
| attempting to
commit one or more of the offenses defined in | 9 |
| Sections 8-1.1, 8-1.2, 9-1,
9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, | 10 |
| 9-3.2, 9-3.3, 10-1, 10-2, 10-3, 10-3.1, 10-4,
10-5, 10-7, 11-6, | 11 |
| 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, | 13 |
| 12-4.7, 12-7.4,
12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, | 14 |
| 12-19, 12-21, 12-21.6, 12-32,
12-33, 16-1, 16-1.3,
16A-3, 17-3, | 15 |
| 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; | 17 |
| those provided in
Section 4 of the Wrongs to Children Act; | 18 |
| those provided in Section 53 of the
Criminal Jurisprudence Act; | 19 |
| those defined in Section 5, 5.1, 5.2, 7, or 9 of
the Cannabis | 20 |
| Control Act; those defined in the Methamphetamine Control and | 21 |
| Community Protection Act; or those defined in Sections 401, | 22 |
| 401.1, 404, 405,
405.1, 407, or 407.1 of the Illinois | 23 |
| Controlled Substances Act, unless the
applicant or employee | 24 |
| obtains a waiver pursuant to Section 40.
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| (a-1) After January 1, 2004, no health care employer shall | 26 |
| knowingly hire
any individual in a position with duties |
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LRB095 09794 RAS 30004 b |
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| involving direct care for clients,
patients, or residents, and | 2 |
| no long-term care facility shall knowingly hire any individual | 3 |
| 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 | 5 |
| financial, medical, or personal records of residents, who has | 6 |
| (i) been convicted of committing or attempting
to commit one or | 7 |
| more of the offenses defined in Section 12-3.3, 12-4.2-5,
16-2, | 8 |
| 16G-15, 16G-20, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, | 9 |
| 24-3.2, or 24-3.3
of the Criminal Code of 1961; Section 4, 5, | 10 |
| 6, 8, or 17.02 of the Illinois
Credit Card and Debit Card Act; | 11 |
| or Section 5.1 of the Wrongs to Children Act;
or (ii) violated | 12 |
| 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 | 14 |
| health care
employees who have been continuously employed by a | 15 |
| health care employer since
January 1, 2004, but nothing in this | 16 |
| Section prohibits a health care employer
from initiating a | 17 |
| criminal history check for these employees.
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| A health care employer is not required to retain an | 19 |
| individual in a position
with duties involving direct care for | 20 |
| clients, patients, or residents, and no long-term care facility | 21 |
| is required to retain an individual in a position with duties | 22 |
| that involve or may involve access to
contact with residents or | 23 |
| access to the living quarters or the financial, medical, or | 24 |
| personal records of residents, who has
been convicted of | 25 |
| committing or attempting to commit one or more of
the offenses | 26 |
| 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 | 2 |
| retain any
individual in a position with duties involving | 3 |
| direct care of clients,
patients, or residents, and no | 4 |
| long-term care facility shall knowingly hire, employ, or retain | 5 |
| any individual in a position with duties that involve or may | 6 |
| involve access to
contact with residents or access to the | 7 |
| living quarters or the financial, medical, or personal records | 8 |
| of residents, if the health care employer becomes aware that | 9 |
| the
individual has been convicted in another state of | 10 |
| committing or attempting to
commit an offense that has the same | 11 |
| or similar elements as an offense listed in
subsection (a) or | 12 |
| (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 | 14 |
| be construed to
mean that a health care employer has an | 15 |
| obligation to conduct a criminal
history records check in other | 16 |
| 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; | 18 |
| 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 | 21 |
| check.
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| (a) Beginning on January 1, 1997,
an educational entity, | 23 |
| other than a secondary school, conducting a nurse aide
training | 24 |
| program must initiate
a UCIA criminal history records
check | 25 |
| prior to entry of an individual into the training program. A |
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| nurse aide
seeking to be included on the nurse aide registry | 2 |
| shall authorize
the Department of Public Health
or its
designee | 3 |
| that tests nurse aides or the health care employer or its | 4 |
| designee
to
request a criminal history record check pursuant to | 5 |
| the Uniform Conviction
Information Act (UCIA) for each nurse | 6 |
| aide applying for inclusion on the State
nurse
aide registry. | 7 |
| 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 | 9 |
| nurse
aide registry. A nurse aide will not be entered on the | 10 |
| State nurse aide
registry if the report from the Department of | 11 |
| State Police indicates that the
nurse aide has a record of | 12 |
| conviction of any of the criminal offenses
enumerated in | 13 |
| Section 25 unless the nurse aide's identity is validated and
it | 14 |
| is
determined that the nurse aide does
not have a disqualifying | 15 |
| criminal history record
based upon a
fingerprint-based records | 16 |
| check pursuant to Section 35 or the
nurse aide receives a | 17 |
| waiver pursuant to Section 40.
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| (b) The Department of Public Health shall notify each | 19 |
| health care
employer inquiring as
to the information on the | 20 |
| State nurse aide registry of the date of the nurse
aide's last | 21 |
| UCIA criminal history record check. If it has been more than | 22 |
| one
year since the records check, the health care employer must | 23 |
| initiate or have
initiated on his or her behalf a UCIA
criminal | 24 |
| history record check for the nurse
aide pursuant to this | 25 |
| Section. The health care employer must send a copy of
the | 26 |
| 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 | 3 |
| makes a
conditional offer of employment to an applicant other | 4 |
| than a nurse
aide for position with duties that involve direct | 5 |
| care for clients, patients,
or residents must initiate or have | 6 |
| initiated on his or her behalf a UCIA
criminal history record | 7 |
| check for that
applicant.
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| (d) No later than January 1, 1997, a health care employer | 9 |
| must initiate or
have initiated on his or her behalf a
UCIA | 10 |
| criminal history record check for all
employees other than | 11 |
| those enumerated in subsections (a), (b), and (c) of this
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| Section with duties that involve direct care for clients, | 13 |
| patients, or
residents.
A health care employer having actual | 14 |
| knowledge from a source other than a
non-fingerprint check that | 15 |
| an employee has been
convicted of committing or attempting to | 16 |
| commit one of the offenses enumerated
in Section 25 of this Act | 17 |
| must initiate a fingerprint-based background check
within 10
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| working days of acquiring that knowledge. The employer may | 19 |
| continue to
employ
that individual in a direct
care position, | 20 |
| may reassign that individual to a non-direct care position, or
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| may suspend the individual until the results of the | 22 |
| fingerprint-based
background check are received.
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| (d-5) Beginning on the effective date of this amendatory | 24 |
| Act of the 95th General Assembly
January 1, 2006 , each | 25 |
| long-term care facility operating in the State must initiate, | 26 |
| 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 | 2 |
| duties that involve or may involve access to
contact with
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| residents or access to the living quarters or the financial, | 4 |
| medical, or personal records of residents.
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| (e) The request for a UCIA criminal history record check | 6 |
| 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 | 9 |
| following whenever a
non-fingerprint check is made:
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| (i) that the health care employer shall request or have | 11 |
| 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 | 14 |
| obtain a copy of the
criminal records report from the | 15 |
| health care employer, challenge the
accuracy and | 16 |
| completeness of the report,
and request a waiver under | 17 |
| Section 40 of this Act;
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| (iii) that the applicant, if hired conditionally, may | 19 |
| be terminated if the
criminal records report indicates that | 20 |
| the applicant has a record of conviction
of any of the | 21 |
| criminal offenses enumerated in Section 25 unless the | 22 |
| applicant's
identity is validated and it
is determined that | 23 |
| the applicant does
not have a
disqualifying criminal | 24 |
| history record
based on a fingerprint-based records check | 25 |
| pursuant to
Section 35.
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| (iv) that the applicant, if not hired conditionally, |
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| shall not be hired if
the criminal records report indicates | 2 |
| that the applicant has a record of
conviction of any of the | 3 |
| criminal offenses enumerated in Section 25 unless the
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| applicant's record is cleared based on a fingerprint-based | 5 |
| records check
pursuant to Section 35.
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| (v) that the employee may be terminated if the criminal | 7 |
| records report
indicates that the employee has a record of | 8 |
| conviction of any of the criminal
offenses enumerated in | 9 |
| Section 25 unless the employee's
record is cleared
based on | 10 |
| a fingerprint-based records check pursuant to Section 35.
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| (g) A health care employer may conditionally employ an | 12 |
| applicant
for
up to 3 months pending the results of a UCIA | 13 |
| 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 | 16 |
| becoming law.
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