Full Text of HB3212 99th General Assembly
HB3212ham002 99TH GENERAL ASSEMBLY | Rep. Camille Y. Lilly Filed: 3/23/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3212
| 2 | | AMENDMENT NO. ______. Amend House Bill 3212 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Health Care Worker Background Check Act is | 5 | | amended by changing Sections 25 and 40 as follows:
| 6 | | (225 ILCS 46/25)
| 7 | | Sec. 25. Persons ineligible to be hired by health care | 8 | | employers and long-term care facilities.
| 9 | | (a) In the discretion of the Director of Public Health, as | 10 | | soon after January 1, 1996, January 1, 1997, January 1, 2006, | 11 | | or October 1, 2007, as applicable, and as is reasonably | 12 | | practical, no
health care employer shall knowingly hire, | 13 | | employ, or retain any
individual in a position with duties | 14 | | involving direct care for clients,
patients, or residents, and | 15 | | no long-term care facility shall knowingly hire, employ, or | 16 | | retain any individual in a position with duties that involve or |
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| 1 | | may involve
contact with residents or access to the living | 2 | | quarters or the financial, medical, or personal records of | 3 | | residents, who has been convicted of committing or attempting | 4 | | to
commit one or more of the following offenses: those defined | 5 | | in Sections 8-1(b), 8-1.1, 8-1.2, 9-1,
9-1.2, 9-2, 9-2.1, 9-3, | 6 | | 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4,
| 7 | | 10-5, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, | 8 | | 11-9.1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, | 9 | | 12-2, 12-3.05, 12-3.1,
12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2, | 10 | | 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4,
12-11, 12-13, | 11 | | 12-14, 12-14.1, 12-15, 12-16, 12-19, 12-21, 12-21.6, 12-32,
| 12 | | 12-33, 12C-5, 16-1, 16-1.3, 16-25,
16A-3, 17-3, 17-56, 18-1, | 13 | | 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 19-6, 20-1, 20-1.1,
| 14 | | 24-1, 24-1.2, 24-1.5, or 33A-2, or subdivision (a)(4) of | 15 | | Section 11-14.4, or in subsection (a) of Section 12-3 or | 16 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | 17 | | of 1961 or the Criminal Code of 2012; those provided in
Section | 18 | | 4 of the Wrongs to Children Act; those provided in Section 53 | 19 | | of the
Criminal Jurisprudence Act; those defined in Section 5, | 20 | | 5.1, 5.2, 7, or 9 of
the Cannabis Control Act; those defined in | 21 | | the Methamphetamine Control and Community Protection Act; or | 22 | | those defined in Sections 401, 401.1, 404, 405,
405.1, 407, or | 23 | | 407.1 of the Illinois Controlled Substances Act, unless the
| 24 | | applicant or employee obtains a waiver pursuant to Section 40.
| 25 | | (a-1) In the discretion of the Director of Public Health, | 26 | | as soon after January 1, 2004 or October 1, 2007, as |
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| 1 | | applicable, and as is reasonably practical, no health care | 2 | | employer shall knowingly hire
any individual in a position with | 3 | | duties involving direct care for clients,
patients, or | 4 | | residents, and no long-term care facility shall knowingly hire | 5 | | any individual in a position with duties that involve or may | 6 | | involve
contact with residents or access to the living quarters | 7 | | or the financial, medical, or personal records of residents, | 8 | | who has (i) been convicted of committing or attempting
to | 9 | | commit one or more of the offenses defined in Section 12-3.3, | 10 | | 12-4.2-5,
16-2, 16-30, 16G-15, 16G-20, 17-33, 17-34, 17-36, | 11 | | 17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 24-3.2, or | 12 | | 24-3.3, or subsection (b) of Section 17-32, subsection (b) of | 13 | | Section 18-1, or subsection (b) of Section 20-1,
of the | 14 | | Criminal Code of 1961 or the Criminal Code of 2012; Section 4, | 15 | | 5, 6, 8, or 17.02 of the Illinois
Credit Card and Debit Card | 16 | | Act; or Section 11-9.1A of the Criminal Code of 1961 or the | 17 | | Criminal Code of 2012 or Section 5.1 of the Wrongs to Children | 18 | | Act;
or (ii) violated Section 50-50 of the Nurse Practice Act, | 19 | | unless the applicant or employee obtains a waiver pursuant to | 20 | | Section 40 of this Act.
| 21 | | A health care employer is not required to retain an | 22 | | individual in a position
with duties involving direct care for | 23 | | clients, patients, or residents, and no long-term care facility | 24 | | is required to retain an individual in a position with duties | 25 | | that involve or may involve
contact with residents or access to | 26 | | the living quarters or the financial, medical, or personal |
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| 1 | | records of residents, who has
been convicted of committing or | 2 | | attempting to commit one or more of
the offenses enumerated in | 3 | | this subsection.
| 4 | | (b) A health care employer shall not hire, employ, or | 5 | | retain any
individual in a position with duties involving | 6 | | direct care of clients,
patients, or residents, and no | 7 | | long-term care facility shall knowingly hire, employ, or retain | 8 | | any individual in a position with duties that involve or may | 9 | | involve
contact with residents or access to the living quarters | 10 | | or the financial, medical, or personal records of residents, if | 11 | | the health care employer becomes aware that the
individual has | 12 | | been convicted in another state of committing or attempting to
| 13 | | commit an offense that has the same or similar elements as an | 14 | | offense listed in
subsection (a) or (a-1), as verified by court | 15 | | records, records from a state
agency, or an FBI criminal | 16 | | history record check, unless the applicant or employee obtains | 17 | | a waiver pursuant to Section 40 of this Act. This shall not be | 18 | | construed to
mean that a health care employer has an obligation | 19 | | to conduct a criminal
history records check in other states in | 20 | | which an employee has resided.
| 21 | | (Source: P.A. 96-710, eff. 1-1-10; 96-1551, Article 1, Section | 22 | | 930, eff. 7-1-11; 96-1551, Article 2, Section 995, eff. 7-1-11; | 23 | | 96-1551, Article 10, Section 10-40, eff. 7-1-11; 97-597, eff. | 24 | | 1-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, | 25 | | eff. 1-25-13.)
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| 1 | | (225 ILCS 46/40)
| 2 | | Sec. 40. Waiver.
| 3 | | (a) Any student, applicant, or employee listed on the | 4 | | Health Care Worker Registry may request a waiver of the
| 5 | | prohibition against
employment by:
| 6 | | (1) completing a waiver application on a form | 7 | | prescribed by the Department of Public Health;
| 8 | | (2) providing a written explanation of each conviction | 9 | | to include (i) what happened, (ii) how many years have | 10 | | passed since the offense, (iii) the individuals involved, | 11 | | (iv) the age of the applicant at the time of the offense, | 12 | | and (v) any other circumstances surrounding the offense; | 13 | | and | 14 | | (3) providing official documentation showing that all | 15 | | fines have been paid, if applicable and except for in the | 16 | | instance of payment of court-imposed fines or restitution | 17 | | in which the applicant is adhering to a payment schedule, | 18 | | and the date probation or parole was satisfactorily | 19 | | completed, if applicable.
| 20 | | (b) The applicant may, but is not required to, submit | 21 | | employment and character references and any other evidence | 22 | | demonstrating the ability of the applicant or employee
to | 23 | | perform the employment responsibilities competently and | 24 | | evidence that the
applicant or employee does not pose a threat | 25 | | to the health or safety of
residents, patients, or clients.
| 26 | | (c) The Department of Public Health
must inform health care |
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| 1 | | employers if a waiver is being sought by entering a record on | 2 | | the Health Care Worker Registry that a waiver is pending and | 3 | | must act upon the waiver request within 30 days
of
receipt of | 4 | | all necessary information, as defined by rule. Except in cases | 5 | | where a rehabilitation waiver is granted, a letter shall be | 6 | | sent to the applicant notifying the applicant that he or she | 7 | | has received an automatic waiver.
| 8 | | (d) An individual shall not be employed from the
time that | 9 | | the employer receives a notification from the Department of | 10 | | Public Health based upon the results of a fingerprint-based | 11 | | criminal history records check
containing disqualifying | 12 | | conditions until the time that the individual receives
a | 13 | | waiver.
| 14 | | (e) The entity responsible for inspecting, licensing,
| 15 | | certifying, or
registering the health care employer and the | 16 | | Department of Public Health shall be immune from liability for | 17 | | any
waivers granted under this Section.
| 18 | | (f) A health care employer is not obligated to employ or | 19 | | offer
permanent
employment to an applicant, or to retain an | 20 | | employee who is granted a waiver
under this Section.
| 21 | | (g) The Department of Public Health shall not include | 22 | | information on the Health Care Worker Registry that an | 23 | | individual has received a waiver so long as there is an | 24 | | indication that the individual is eligible to work. | 25 | | (Source: P.A. 95-120, eff. 8-13-07; 95-545, eff. 8-28-07; | 26 | | 95-876, eff. 8-21-08; 96-565, eff. 8-18-09.)".
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