Full Text of SB1400 100th General Assembly
SB1400eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Human Services Act is amended | 5 | | by changing Section 1-17 as follows:
| 6 | | (20 ILCS 1305/1-17)
| 7 | | Sec. 1-17. Inspector General. | 8 | | (a) Nature and purpose. It is the express intent of the | 9 | | General Assembly to ensure the health, safety, and financial | 10 | | condition of individuals receiving services in this State due | 11 | | to mental illness, developmental disability, or both by | 12 | | protecting those persons from acts of abuse, neglect, or both | 13 | | by service providers. To that end, the Office of the Inspector | 14 | | General for the Department of Human Services is created to | 15 | | investigate and report upon allegations of the abuse, neglect, | 16 | | or financial exploitation of individuals receiving services | 17 | | within mental health facilities, developmental disabilities | 18 | | facilities, and community agencies operated, licensed, funded | 19 | | or certified by the Department of Human Services, but not | 20 | | licensed or certified by any other State agency. | 21 | | (b) Definitions. The following definitions apply to this | 22 | | Section: | 23 | | "Adult student with a disability" means an adult student, |
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| 1 | | age 18 through 21, inclusive, with an Individual Education | 2 | | Program, other than a resident of a facility licensed by the | 3 | | Department of Children and Family Services in accordance with | 4 | | the Child Care Act of 1969. For purposes of this definition, | 5 | | "through age 21, inclusive", means through the day before the | 6 | | student's 22nd birthday. | 7 | | "Agency" or "community agency" means (i) a community agency | 8 | | licensed, funded, or certified by the Department, but not | 9 | | licensed or certified by any other human services agency of the | 10 | | State, to provide mental health service or developmental | 11 | | disabilities service, or (ii) a program licensed, funded, or | 12 | | certified by the Department, but not licensed or certified by | 13 | | any other human services agency of the State, to provide mental | 14 | | health service or developmental disabilities service. | 15 | | "Aggravating circumstance" means a factor that is | 16 | | attendant to a finding and that tends to compound or increase | 17 | | the culpability of the accused. | 18 | | "Allegation" means an assertion, complaint, suspicion, or | 19 | | incident involving any of the following conduct by an employee, | 20 | | facility, or agency against an individual or individuals: | 21 | | mental abuse, physical abuse, sexual abuse, neglect, or | 22 | | financial exploitation. | 23 | | "Day" means working day, unless otherwise specified. | 24 | | "Deflection" means a situation in which an individual is | 25 | | presented for admission to a facility or agency, and the | 26 | | facility staff or agency staff do not admit the individual. |
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| 1 | | "Deflection" includes triage, redirection, and denial of | 2 | | admission. | 3 | | "Department" means the Department of Human Services. | 4 | | "Developmental disability" means "developmental | 5 | | disability" as defined in the Mental Health and Developmental | 6 | | Disabilities Code. | 7 | | "Egregious neglect" means a finding of neglect as | 8 | | determined by the Inspector General that (i) represents a gross | 9 | | failure to adequately provide for, or a callused indifference | 10 | | to, the health, safety, or medical needs of an individual and | 11 | | (ii) results in an individual's death or other serious | 12 | | deterioration of an individual's physical condition or mental | 13 | | condition. | 14 | | "Employee" means any person who provides services at the | 15 | | facility or agency on-site or off-site. The service | 16 | | relationship can be with the individual or with the facility or | 17 | | agency. Also, "employee" includes any employee or contractual | 18 | | agent of the Department of Human Services or the community | 19 | | agency involved in providing or monitoring or administering | 20 | | mental health or developmental disability services. This | 21 | | includes but is not limited to: owners, operators, payroll | 22 | | personnel, contractors, subcontractors, and volunteers. | 23 | | "Facility" or "State-operated facility" means a mental | 24 | | health facility or developmental disabilities facility | 25 | | operated by the Department. | 26 | | "Financial exploitation" means taking unjust advantage of |
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| 1 | | an individual's assets, property, or financial resources | 2 | | through deception, intimidation, or conversion for the | 3 | | employee's, facility's, or agency's own advantage or benefit. | 4 | | "Finding" means the Office of Inspector General's | 5 | | determination regarding whether an allegation is | 6 | | substantiated, unsubstantiated, or unfounded. | 7 | | "Health Care Worker Registry" "Health care worker | 8 | | registry" or "Registry" "registry" means the Health Care Worker | 9 | | Registry health care worker registry under created by the | 10 | | Health Care Worker Background Check Act Nursing Home Care Act . | 11 | | "Individual" means any person receiving mental health | 12 | | service, developmental disabilities service, or both from a | 13 | | facility or agency, while either on-site or off-site. | 14 | | "Mental abuse" means the use of demeaning, intimidating, or | 15 | | threatening words, signs, gestures, or other actions by an | 16 | | employee about an individual and in the presence of an | 17 | | individual or individuals that results in emotional distress or | 18 | | maladaptive behavior, or could have resulted in emotional | 19 | | distress or maladaptive behavior, for any individual present. | 20 | | "Mental illness" means "mental illness" as defined in the | 21 | | Mental Health and Developmental Disabilities Code. | 22 | | "Mentally ill" means having a mental illness. | 23 | | "Mitigating circumstance" means a condition that (i) is | 24 | | attendant to a finding, (ii) does not excuse or justify the | 25 | | conduct in question, but (iii) may be considered in evaluating | 26 | | the severity of the conduct, the culpability of the accused, or |
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| 1 | | both the severity of the conduct and the culpability of the | 2 | | accused. | 3 | | "Neglect" means an employee's, agency's, or facility's | 4 | | failure to provide adequate medical care, personal care, or | 5 | | maintenance and that, as a consequence, (i) causes an | 6 | | individual pain, injury, or emotional distress, (ii) results in | 7 | | either an individual's maladaptive behavior or the | 8 | | deterioration of an individual's physical condition or mental | 9 | | condition, or (iii) places the individual's health or safety at | 10 | | substantial risk. | 11 | | "Person with a developmental disability" means a person | 12 | | having a developmental disability. | 13 | | "Physical abuse" means an employee's non-accidental and | 14 | | inappropriate contact with an individual that causes bodily | 15 | | harm. "Physical abuse" includes actions that cause bodily harm | 16 | | as a result of an employee directing an individual or person to | 17 | | physically abuse another individual. | 18 | | "Recommendation" means an admonition, separate from a | 19 | | finding, that requires action by the facility, agency, or | 20 | | Department to correct a systemic issue, problem, or deficiency | 21 | | identified during an investigation. | 22 | | "Required reporter" means any employee who suspects, | 23 | | witnesses, or is informed of an allegation of any one or more | 24 | | of the following: mental abuse, physical abuse, sexual abuse, | 25 | | neglect, or financial exploitation. | 26 | | "Secretary" means the Chief Administrative Officer of the |
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| 1 | | Department. | 2 | | "Sexual abuse" means any sexual contact or intimate | 3 | | physical contact between an employee and an individual, | 4 | | including an employee's coercion or encouragement of an | 5 | | individual to engage in sexual behavior that results in sexual | 6 | | contact, intimate physical contact, sexual behavior, or | 7 | | intimate physical behavior. Sexual abuse also includes (i) an | 8 | | employee's actions that result in the sending or showing of | 9 | | sexually explicit images to an individual via computer, | 10 | | cellular phone, electronic mail, portable electronic device, | 11 | | or other media with or without contact with the individual or | 12 | | (ii) an employee's posting of sexually explicit images of an | 13 | | individual online or elsewhere whether or not there is contact | 14 | | with the individual. | 15 | | "Sexually explicit images" includes, but is not limited to, | 16 | | any material which depicts nudity, sexual conduct, or | 17 | | sado-masochistic abuse, or which contains explicit and | 18 | | detailed verbal descriptions or narrative accounts of sexual | 19 | | excitement, sexual conduct, or sado-masochistic abuse. | 20 | | "Substantiated" means there is a preponderance of the | 21 | | evidence to support the allegation. | 22 | | "Unfounded" means there is no credible evidence to support | 23 | | the allegation. | 24 | | "Unsubstantiated" means there is credible evidence, but | 25 | | less than a preponderance of evidence to support the | 26 | | allegation. |
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| 1 | | (c) Appointment. The Governor shall appoint, and the Senate | 2 | | shall confirm, an Inspector General. The Inspector General | 3 | | shall be appointed for a term of 4 years and shall function | 4 | | within the Department of Human Services and report to the | 5 | | Secretary and the Governor. | 6 | | (d) Operation and appropriation. The Inspector General | 7 | | shall function independently within the Department with | 8 | | respect to the operations of the Office, including the | 9 | | performance of investigations and issuance of findings and | 10 | | recommendations. The appropriation for the Office of Inspector | 11 | | General shall be separate from the overall appropriation for | 12 | | the Department. | 13 | | (e) Powers and duties. The Inspector General shall | 14 | | investigate reports of suspected mental abuse, physical abuse, | 15 | | sexual abuse, neglect, or financial exploitation of | 16 | | individuals in any mental health or developmental disabilities | 17 | | facility or agency and shall have authority to take immediate | 18 | | action to prevent any one or more of the following from | 19 | | happening to individuals under its jurisdiction: mental abuse, | 20 | | physical abuse, sexual abuse, neglect, or financial | 21 | | exploitation. Upon written request of an agency of this State, | 22 | | the Inspector General may assist another agency of the State in | 23 | | investigating reports of the abuse, neglect, or abuse and | 24 | | neglect of persons with mental illness, persons with | 25 | | developmental disabilities, or persons with both. To comply | 26 | | with the requirements of subsection (k) of this Section, the |
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| 1 | | Inspector General shall also review all reportable deaths for | 2 | | which there is no allegation of abuse or neglect. Nothing in | 3 | | this Section shall preempt any duties of the Medical Review | 4 | | Board set forth in the Mental Health and Developmental | 5 | | Disabilities Code. The Inspector General shall have no | 6 | | authority to investigate alleged violations of the State | 7 | | Officials and Employees Ethics Act. Allegations of misconduct | 8 | | under the State Officials and Employees Ethics Act shall be | 9 | | referred to the Office of the Governor's Executive Inspector | 10 | | General for investigation. | 11 | | (f) Limitations. The Inspector General shall not conduct an | 12 | | investigation within an agency or facility if that | 13 | | investigation would be redundant to or interfere with an | 14 | | investigation conducted by another State agency. The Inspector | 15 | | General shall have no supervision over, or involvement in, the | 16 | | routine programmatic, licensing, funding, or certification | 17 | | operations of the Department. Nothing in this subsection limits | 18 | | investigations by the Department that may otherwise be required | 19 | | by law or that may be necessary in the Department's capacity as | 20 | | central administrative authority responsible for the operation | 21 | | of the State's mental health and developmental disabilities | 22 | | facilities. | 23 | | (g) Rulemaking authority. The Inspector General shall | 24 | | promulgate rules establishing minimum requirements for | 25 | | reporting allegations as well as for initiating, conducting, | 26 | | and completing investigations based upon the nature of the |
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| 1 | | allegation or allegations. The rules shall clearly establish | 2 | | that if 2 or more State agencies could investigate an | 3 | | allegation, the Inspector General shall not conduct an | 4 | | investigation that would be redundant to, or interfere with, an | 5 | | investigation conducted by another State agency. The rules | 6 | | shall further clarify the method and circumstances under which | 7 | | the Office of Inspector General may interact with the | 8 | | licensing, funding, or certification units of the Department in | 9 | | preventing further occurrences of mental abuse, physical | 10 | | abuse, sexual abuse, neglect, egregious neglect, and financial | 11 | | exploitation. | 12 | | (h) Training programs. The Inspector General shall (i) | 13 | | establish a comprehensive program to ensure that every person | 14 | | authorized to conduct investigations receives ongoing training | 15 | | relative to investigation techniques, communication skills, | 16 | | and the appropriate means of interacting with persons receiving | 17 | | treatment for mental illness, developmental disability, or | 18 | | both mental illness and developmental disability, and (ii) | 19 | | establish and conduct periodic training programs for facility | 20 | | and agency employees concerning the prevention and reporting of | 21 | | any one or more of the following: mental abuse, physical abuse, | 22 | | sexual abuse, neglect, egregious neglect, or financial | 23 | | exploitation. Nothing in this Section shall be deemed to | 24 | | prevent the Office of Inspector General from conducting any | 25 | | other training as determined by the Inspector General to be | 26 | | necessary or helpful. |
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| 1 | | (i) Duty to cooperate. | 2 | | (1) The Inspector General shall at all times be granted | 3 | | access to any facility or agency for the purpose of | 4 | | investigating any allegation, conducting unannounced site | 5 | | visits, monitoring compliance with a written response, or | 6 | | completing any other statutorily assigned duty. The | 7 | | Inspector General shall conduct unannounced site visits to | 8 | | each facility at least annually for the purpose of | 9 | | reviewing and making recommendations on systemic issues | 10 | | relative to preventing, reporting, investigating, and | 11 | | responding to all of the following: mental abuse, physical | 12 | | abuse, sexual abuse, neglect, egregious neglect, or | 13 | | financial exploitation. | 14 | | (2) Any employee who fails to cooperate with an Office | 15 | | of the Inspector General investigation is in violation of | 16 | | this Act. Failure to cooperate with an investigation | 17 | | includes, but is not limited to, any one or more of the | 18 | | following: (i) creating and transmitting a false report to | 19 | | the Office of the Inspector General hotline, (ii) providing | 20 | | false information to an Office of the Inspector General | 21 | | Investigator during an investigation, (iii) colluding with | 22 | | other employees to cover up evidence, (iv) colluding with | 23 | | other employees to provide false information to an Office | 24 | | of the Inspector General investigator, (v) destroying | 25 | | evidence, (vi) withholding evidence, or (vii) otherwise | 26 | | obstructing an Office of the Inspector General |
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| 1 | | investigation. Additionally, any employee who, during an | 2 | | unannounced site visit or written response compliance | 3 | | check, fails to cooperate with requests from the Office of | 4 | | the Inspector General is in violation of this Act. | 5 | | (j) Subpoena powers. The Inspector General shall have the | 6 | | power to subpoena witnesses and compel the production of all | 7 | | documents and physical evidence relating to his or her | 8 | | investigations and any hearings authorized by this Act. This | 9 | | subpoena power shall not extend to persons or documents of a | 10 | | labor organization or its representatives insofar as the | 11 | | persons are acting in a representative capacity to an employee | 12 | | whose conduct is the subject of an investigation or the | 13 | | documents relate to that representation. Any person who | 14 | | otherwise fails to respond to a subpoena or who knowingly | 15 | | provides false information to the Office of the Inspector | 16 | | General by subpoena during an investigation is guilty of a | 17 | | Class A misdemeanor. | 18 | | (k) Reporting allegations and deaths. | 19 | | (1) Allegations. If an employee witnesses, is told of, | 20 | | or has reason to believe an incident of mental abuse, | 21 | | physical abuse, sexual abuse, neglect, or financial | 22 | | exploitation has occurred, the employee, agency, or | 23 | | facility shall report the allegation by phone to the Office | 24 | | of the Inspector General hotline according to the agency's | 25 | | or facility's procedures, but in no event later than 4 | 26 | | hours after the initial discovery of the incident, |
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| 1 | | allegation, or suspicion of any one or more of the | 2 | | following: mental abuse, physical abuse, sexual abuse, | 3 | | neglect, or financial exploitation. A required reporter as | 4 | | defined in subsection (b) of this Section who knowingly or | 5 | | intentionally fails to comply with these reporting | 6 | | requirements is guilty of a Class A misdemeanor. | 7 | | (2) Deaths. Absent an allegation, a required reporter | 8 | | shall, within 24 hours after initial discovery, report by | 9 | | phone to the Office of the Inspector General hotline each | 10 | | of the following: | 11 | | (i) Any death of an individual occurring within 14 | 12 | | calendar days after discharge or transfer of the | 13 | | individual from a residential program or facility. | 14 | | (ii) Any death of an individual occurring within 24 | 15 | | hours after deflection from a residential program or | 16 | | facility. | 17 | | (iii) Any other death of an individual occurring at | 18 | | an agency or facility or at any Department-funded site. | 19 | | (3) Retaliation. It is a violation of this Act for any | 20 | | employee or administrator of an agency or facility to take | 21 | | retaliatory action against an employee who acts in good | 22 | | faith in conformance with his or her duties as a required | 23 | | reporter. | 24 | | (l) Reporting to law enforcement. | 25 | | (1) Reporting criminal acts. Within 24 hours after | 26 | | determining that there is credible evidence indicating |
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| 1 | | that a criminal act may have been committed or that special | 2 | | expertise may be required in an investigation, the | 3 | | Inspector General shall notify the Department of State | 4 | | Police or other appropriate law enforcement authority, or | 5 | | ensure that such notification is made. The Department of | 6 | | State Police shall investigate any report from a | 7 | | State-operated facility indicating a possible murder, | 8 | | sexual assault, or other felony by an employee. All | 9 | | investigations conducted by the Inspector General shall be | 10 | | conducted in a manner designed to ensure the preservation | 11 | | of evidence for possible use in a criminal prosecution. | 12 | | (2) Reporting allegations of adult students with | 13 | | disabilities. Upon receipt of a reportable allegation | 14 | | regarding an adult student with a disability, the | 15 | | Department's Office of the Inspector General shall | 16 | | determine whether the allegation meets the criteria for the | 17 | | Domestic Abuse Program under the Abuse of Adults with | 18 | | Disabilities Intervention Act. If the allegation is | 19 | | reportable to that program, the Office of the Inspector | 20 | | General shall initiate an investigation. If the allegation | 21 | | is not reportable to the Domestic Abuse Program, the Office | 22 | | of the Inspector General shall make an expeditious referral | 23 | | to the respective law enforcement entity. If the alleged | 24 | | victim is already receiving services from the Department, | 25 | | the Office of the Inspector General shall also make a | 26 | | referral to the respective Department of Human Services' |
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| 1 | | Division or Bureau. | 2 | | (m) Investigative reports. Upon completion of an | 3 | | investigation, the Office of Inspector General shall issue an | 4 | | investigative report identifying whether the allegations are | 5 | | substantiated, unsubstantiated, or unfounded. Within 10 | 6 | | business days after the transmittal of a completed | 7 | | investigative report substantiating an allegation, or if a | 8 | | recommendation is made, the Inspector General shall provide the | 9 | | investigative report on the case to the Secretary and to the | 10 | | director of the facility or agency where any one or more of the | 11 | | following occurred: mental abuse, physical abuse, sexual | 12 | | abuse, neglect, egregious neglect, or financial exploitation. | 13 | | In a substantiated case, the investigative report shall include | 14 | | any mitigating or aggravating circumstances that were | 15 | | identified during the investigation. If the case involves | 16 | | substantiated neglect, the investigative report shall also | 17 | | state whether egregious neglect was found. An investigative | 18 | | report may also set forth recommendations. All investigative | 19 | | reports prepared by the Office of the Inspector General shall | 20 | | be considered confidential and shall not be released except as | 21 | | provided by the law of this State or as required under | 22 | | applicable federal law. Unsubstantiated and unfounded reports | 23 | | shall not be disclosed except as allowed under Section 6 of the | 24 | | Abused and Neglected Long Term Care Facility Residents | 25 | | Reporting Act. Raw data used to compile the investigative | 26 | | report shall not be subject to release unless required by law |
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| 1 | | or a court order. "Raw data used to compile the investigative | 2 | | report" includes, but is not limited to, any one or more of the | 3 | | following: the initial complaint, witness statements, | 4 | | photographs, investigator's notes, police reports, or incident | 5 | | reports. If the allegations are substantiated, the accused | 6 | | shall be provided with a redacted copy of the investigative | 7 | | report. Death reports where there was no allegation of abuse or | 8 | | neglect shall only be released pursuant to applicable State or | 9 | | federal law or a valid court order. | 10 | | (n) Written responses and reconsideration requests. | 11 | | (1) Written responses. Within 30 calendar days from | 12 | | receipt of a substantiated investigative report or an | 13 | | investigative report which contains recommendations, | 14 | | absent a reconsideration request, the facility or agency | 15 | | shall file a written response that addresses, in a concise | 16 | | and reasoned manner, the actions taken to: (i) protect the | 17 | | individual; (ii) prevent recurrences; and (iii) eliminate | 18 | | the problems identified. The response shall include the | 19 | | implementation and completion dates of such actions. If the | 20 | | written response is not filed within the allotted 30 | 21 | | calendar day period, the Secretary shall determine the | 22 | | appropriate corrective action to be taken. | 23 | | (2) Reconsideration requests. The facility, agency, | 24 | | victim or guardian, or the subject employee may request | 25 | | that the Office of Inspector General reconsider or clarify | 26 | | its finding based upon additional information. |
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| 1 | | (o) Disclosure of the finding by the Inspector General. The | 2 | | Inspector General shall disclose the finding of an | 3 | | investigation to the following persons: (i) the Governor, (ii) | 4 | | the Secretary, (iii) the director of the facility or agency, | 5 | | (iv) the alleged victims and their guardians, (v) the | 6 | | complainant, and (vi) the accused. This information shall | 7 | | include whether the allegations were deemed substantiated, | 8 | | unsubstantiated, or unfounded. | 9 | | (p) Secretary review. Upon review of the Inspector | 10 | | General's investigative report and any agency's or facility's | 11 | | written response, the Secretary shall accept or reject the | 12 | | written response and notify the Inspector General of that | 13 | | determination. The Secretary may further direct that other | 14 | | administrative action be taken, including, but not limited to, | 15 | | any one or more of the following: (i) additional site visits, | 16 | | (ii) training, (iii) provision of technical assistance | 17 | | relative to administrative needs, licensure or certification, | 18 | | or (iv) the imposition of appropriate sanctions. | 19 | | (q) Action by facility or agency. Within 30 days of the | 20 | | date the Secretary approves the written response or directs | 21 | | that further administrative action be taken, the facility or | 22 | | agency shall provide an implementation report to the Inspector | 23 | | General that provides the status of the action taken. The | 24 | | facility or agency shall be allowed an additional 30 days to | 25 | | send notice of completion of the action or to send an updated | 26 | | implementation report. If the action has not been completed |
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| 1 | | within the additional 30 day period, the facility or agency | 2 | | shall send updated implementation reports every 60 days until | 3 | | completion. The Inspector General shall conduct a review of any | 4 | | implementation plan that takes more than 120 days after | 5 | | approval to complete, and shall monitor compliance through a | 6 | | random review of approved written responses, which may include, | 7 | | but are not limited to: (i) site visits, (ii) telephone | 8 | | contact, and (iii) requests for additional documentation | 9 | | evidencing compliance. | 10 | | (r) Sanctions. Sanctions, if imposed by the Secretary under | 11 | | Subdivision (p)(iv) of this Section, shall be designed to | 12 | | prevent further acts of mental abuse, physical abuse, sexual | 13 | | abuse, neglect, egregious neglect, or financial exploitation | 14 | | or some combination of one or more of those acts at a facility | 15 | | or agency, and may include any one or more of the following: | 16 | | (1) Appointment of on-site monitors. | 17 | | (2) Transfer or relocation of an individual or | 18 | | individuals. | 19 | | (3) Closure of units. | 20 | | (4) Termination of any one or more of the following: | 21 | | (i) Department licensing, (ii) funding, or (iii) | 22 | | certification. | 23 | | The Inspector General may seek the assistance of the | 24 | | Illinois Attorney General or the office of any State's Attorney | 25 | | in implementing sanctions. | 26 | | (s) Health Care Worker Registry care worker registry . |
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| 1 | | (1) Reporting to the Registry registry . The Inspector | 2 | | General shall report to the Department of Public Health's | 3 | | Health Care Worker Registry health care worker registry , a | 4 | | public registry, the identity and finding of each employee | 5 | | of a facility or agency against whom there is a final | 6 | | investigative report containing a substantiated allegation | 7 | | of physical or sexual abuse, financial exploitation, or | 8 | | egregious neglect of an individual. | 9 | | (2) Notice to employee. Prior to reporting the name of | 10 | | an employee, the employee shall be notified of the | 11 | | Department's obligation to report and shall be granted an | 12 | | opportunity to request an administrative hearing, the sole | 13 | | purpose of which is to determine if the substantiated | 14 | | finding warrants reporting to the Registry registry . | 15 | | Notice to the employee shall contain a clear and concise | 16 | | statement of the grounds on which the report to the | 17 | | Registry registry is based, offer the employee an | 18 | | opportunity for a hearing, and identify the process for | 19 | | requesting such a hearing. Notice is sufficient if provided | 20 | | by certified mail to the employee's last known address. If | 21 | | the employee fails to request a hearing within 30 days from | 22 | | the date of the notice, the Inspector General shall report | 23 | | the name of the employee to the Registry registry . Nothing | 24 | | in this subdivision (s)(2) shall diminish or impair the | 25 | | rights of a person who is a member of a collective | 26 | | bargaining unit under the Illinois Public Labor Relations |
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| 1 | | Act or under any other federal labor statute. | 2 | | (3) Registry hearings. If the employee requests an | 3 | | administrative hearing, the employee shall be granted an | 4 | | opportunity to appear before an administrative law judge to | 5 | | present reasons why the employee's name should not be | 6 | | reported to the Registry registry . The Department shall | 7 | | bear the burden of presenting evidence that establishes, by | 8 | | a preponderance of the evidence, that the substantiated | 9 | | finding warrants reporting to the Registry registry . After | 10 | | considering all the evidence presented, the administrative | 11 | | law judge shall make a recommendation to the Secretary as | 12 | | to whether the substantiated finding warrants reporting | 13 | | the name of the employee to the Registry registry . The | 14 | | Secretary shall render the final decision. The Department | 15 | | and the employee shall have the right to request that the | 16 | | administrative law judge consider a stipulated disposition | 17 | | of these proceedings. | 18 | | (4) Testimony at Registry registry hearings. A person | 19 | | who makes a report or who investigates a report under this | 20 | | Act shall testify fully in any judicial proceeding | 21 | | resulting from such a report, as to any evidence of abuse | 22 | | or neglect, or the cause thereof. No evidence shall be | 23 | | excluded by reason of any common law or statutory privilege | 24 | | relating to communications between the alleged perpetrator | 25 | | of abuse or neglect, or the individual alleged as the | 26 | | victim in the report, and the person making or |
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| 1 | | investigating the report. Testimony at hearings is exempt | 2 | | from the confidentiality requirements of subsection (f) of | 3 | | Section 10 of the Mental Health and Developmental | 4 | | Disabilities Confidentiality Act. | 5 | | (5) Employee's rights to collateral action. No | 6 | | reporting to the Registry registry shall occur and no | 7 | | hearing shall be set or proceed if an employee notifies the | 8 | | Inspector General in writing, including any supporting | 9 | | documentation, that he or she is formally contesting an | 10 | | adverse employment action resulting from a substantiated | 11 | | finding by complaint filed with the Illinois Civil Service | 12 | | Commission, or which otherwise seeks to enforce the | 13 | | employee's rights pursuant to any applicable collective | 14 | | bargaining agreement. If an action taken by an employer | 15 | | against an employee as a result of a finding of physical | 16 | | abuse, sexual abuse, or egregious neglect is overturned | 17 | | through an action filed with the Illinois Civil Service | 18 | | Commission or under any applicable collective bargaining | 19 | | agreement and if that employee's name has already been sent | 20 | | to the Registry registry , the employee's name shall be | 21 | | removed from the Registry registry . | 22 | | (6) Removal from Registry registry . At any time after | 23 | | the report to the Registry registry , but no more than once | 24 | | in any 12-month period, an employee may petition the | 25 | | Department in writing to remove his or her name from the | 26 | | Registry registry . Upon receiving notice of such request, |
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| 1 | | the Inspector General shall conduct an investigation into | 2 | | the petition. Upon receipt of such request, an | 3 | | administrative hearing will be set by the Department. At | 4 | | the hearing, the employee shall bear the burden of | 5 | | presenting evidence that establishes, by a preponderance | 6 | | of the evidence, that removal of the name from the Registry | 7 | | registry is in the public interest. The parties may jointly | 8 | | request that the administrative law judge consider a | 9 | | stipulated disposition of these proceedings. | 10 | | (t) Review of Administrative Decisions. The Department | 11 | | shall preserve a record of all proceedings at any formal | 12 | | hearing conducted by the Department involving Health Care | 13 | | Worker Registry health care worker registry hearings. Final | 14 | | administrative decisions of the Department are subject to | 15 | | judicial review pursuant to provisions of the Administrative | 16 | | Review Law. | 17 | | (u) Quality Care Board. There is created, within the Office | 18 | | of the Inspector General, a Quality Care Board to be composed | 19 | | of 7 members appointed by the Governor with the advice and | 20 | | consent of the Senate. One of the members shall be designated | 21 | | as chairman by the Governor. Of the initial appointments made | 22 | | by the Governor, 4 Board members shall each be appointed for a | 23 | | term of 4 years and 3 members shall each be appointed for a | 24 | | term of 2 years. Upon the expiration of each member's term, a | 25 | | successor shall be appointed for a term of 4 years. In the case | 26 | | of a vacancy in the office of any member, the Governor shall |
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| 1 | | appoint a successor for the remainder of the unexpired term. | 2 | | Members appointed by the Governor shall be qualified by | 3 | | professional knowledge or experience in the area of law, | 4 | | investigatory techniques, or in the area of care of the | 5 | | mentally ill or care of persons with developmental | 6 | | disabilities. Two members appointed by the Governor shall be | 7 | | persons with a disability or a parent of a person with a | 8 | | disability. Members shall serve without compensation, but | 9 | | shall be reimbursed for expenses incurred in connection with | 10 | | the performance of their duties as members. | 11 | | The Board shall meet quarterly, and may hold other meetings | 12 | | on the call of the chairman. Four members shall constitute a | 13 | | quorum allowing the Board to conduct its business. The Board | 14 | | may adopt rules and regulations it deems necessary to govern | 15 | | its own procedures. | 16 | | The Board shall monitor and oversee the operations, | 17 | | policies, and procedures of the Inspector General to ensure the | 18 | | prompt and thorough investigation of allegations of neglect and | 19 | | abuse. In fulfilling these responsibilities, the Board may do | 20 | | the following: | 21 | | (1) Provide independent, expert consultation to the | 22 | | Inspector General on policies and protocols for | 23 | | investigations of alleged abuse, neglect, or both abuse and | 24 | | neglect. | 25 | | (2) Review existing regulations relating to the | 26 | | operation of facilities. |
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| 1 | | (3) Advise the Inspector General as to the content of | 2 | | training activities authorized under this Section. | 3 | | (4) Recommend policies concerning methods for | 4 | | improving the intergovernmental relationships between the | 5 | | Office of the Inspector General and other State or federal | 6 | | offices. | 7 | | (v) Annual report. The Inspector General shall provide to | 8 | | the General Assembly and the Governor, no later than January 1 | 9 | | of each year, a summary of reports and investigations made | 10 | | under this Act for the prior fiscal year with respect to | 11 | | individuals receiving mental health or developmental | 12 | | disabilities services. The report shall detail the imposition | 13 | | of sanctions, if any, and the final disposition of any | 14 | | corrective or administrative action directed by the Secretary. | 15 | | The summaries shall not contain any confidential or identifying | 16 | | information of any individual, but shall include objective data | 17 | | identifying any trends in the number of reported allegations, | 18 | | the timeliness of the Office of the Inspector General's | 19 | | investigations, and their disposition, for each facility and | 20 | | Department-wide, for the most recent 3-year time period. The | 21 | | report shall also identify, by facility, the staff-to-patient | 22 | | ratios taking account of direct care staff only. The report | 23 | | shall also include detailed recommended administrative actions | 24 | | and matters for consideration by the General Assembly. | 25 | | (w) Program audit. The Auditor General shall conduct a | 26 | | program audit of the Office of the Inspector General on an |
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| 1 | | as-needed basis, as determined by the Auditor General. The | 2 | | audit shall specifically include the Inspector General's | 3 | | compliance with the Act and effectiveness in investigating | 4 | | reports of allegations occurring in any facility or agency. The | 5 | | Auditor General shall conduct the program audit according to | 6 | | the provisions of the Illinois State Auditing Act and shall | 7 | | report its findings to the General Assembly no later than | 8 | | January 1 following the audit period.
| 9 | | (x) Nothing in this Section shall be construed to mean that | 10 | | an individual a patient is a victim of abuse or neglect because | 11 | | of health care services appropriately provided or not provided | 12 | | by health care professionals. | 13 | | (y) Nothing in this Section shall require a facility, | 14 | | including its employees, agents, medical staff members, and | 15 | | health care professionals, to provide a service to an | 16 | | individual a patient in contravention of that individual's | 17 | | patient's stated or implied objection to the provision of that | 18 | | service on the ground that that service conflicts with the | 19 | | individual's patient's religious beliefs or practices, nor | 20 | | shall the failure to provide a service to an individual a | 21 | | patient be considered abuse under this Section if the | 22 | | individual patient has objected to the provision of that | 23 | | service based on his or her religious beliefs or practices.
| 24 | | (Source: P.A. 98-49, eff. 7-1-13; 98-711, eff. 7-16-14; 99-143, | 25 | | eff. 7-27-15; 99-323, eff. 8-7-15; 99-642, eff. 7-28-16.)
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| 1 | | Section 10. The Mental Health and Developmental | 2 | | Disabilities Administrative Act is amended by changing Section | 3 | | 7.3 as follows:
| 4 | | (20 ILCS 1705/7.3)
| 5 | | Sec. 7.3. Health Care Worker Registry care worker registry ; | 6 | | finding of abuse or neglect. The
Department
shall require that | 7 | | no facility, service agency, or support agency providing
mental | 8 | | health
or developmental disability services that is licensed, | 9 | | certified, operated, or
funded by the
Department shall employ a | 10 | | person, in any capacity, who is identified by the Health Care | 11 | | Worker Registry health care worker
registry as having been | 12 | | subject of a substantiated finding of abuse or neglect
of a | 13 | | service recipient. Any owner or operator of a community agency | 14 | | who is identified by the Health Care Worker Registry health | 15 | | care worker registry as having been the subject of a | 16 | | substantiated finding of abuse or neglect of a service | 17 | | recipient is prohibited from any involvement in any capacity | 18 | | with the provision of Department funded mental health or | 19 | | developmental disability services. The
Department shall | 20 | | establish and maintain the rules that are
necessary or
| 21 | | appropriate to effectuate the intent of this Section. The | 22 | | provisions of this
Section shall not
apply to any facility, | 23 | | service agency, or support agency licensed or certified
by a | 24 | | State
agency other than the Department, unless operated by the | 25 | | Department of Human
Services.
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| 1 | | (Source: P.A. 94-934, eff. 6-26-06; 95-545, eff. 8-28-07.)
| 2 | | Section 15. The Nursing Home Care Act is amended by | 3 | | changing Sections 3-206 and 3-206.01 as follows:
| 4 | | (210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206)
| 5 | | Sec. 3-206.
The Department shall prescribe a curriculum for | 6 | | training
nursing assistants, habilitation aides, and child | 7 | | care aides.
| 8 | | (a) No person, except a volunteer who receives no | 9 | | compensation from a
facility and is not included for the | 10 | | purpose of meeting any staffing
requirements set forth by the | 11 | | Department, shall act as a nursing assistant,
habilitation | 12 | | aide, or child care aide in a facility, nor shall any person, | 13 | | under any
other title, not licensed, certified, or registered | 14 | | to render medical care
by the Department of Professional | 15 | | Regulation, assist with the
personal, medical, or nursing care | 16 | | of residents in a facility, unless such
person meets the | 17 | | following requirements:
| 18 | | (1) Be at least 16 years of age, of temperate habits | 19 | | and good moral
character, honest, reliable and | 20 | | trustworthy.
| 21 | | (2) Be able to speak and understand the English | 22 | | language or a language
understood by a substantial | 23 | | percentage of the facility's residents.
| 24 | | (3) Provide evidence of employment or occupation, if |
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| 1 | | any, and residence
for 2 years prior to his present | 2 | | employment.
| 3 | | (4) Have completed at least 8 years of grade school or | 4 | | provide proof of
equivalent knowledge.
| 5 | | (5) Begin a current course of training for nursing | 6 | | assistants,
habilitation aides, or child care aides, | 7 | | approved by the Department, within 45 days of initial
| 8 | | employment in the capacity of a nursing assistant, | 9 | | habilitation aide, or
child care aide
at any facility. Such | 10 | | courses of training shall be successfully completed
within | 11 | | 120 days of initial employment in the capacity of nursing | 12 | | assistant,
habilitation aide, or child care aide at a | 13 | | facility. Nursing assistants, habilitation
aides, and | 14 | | child care aides who are enrolled in approved courses in | 15 | | community
colleges or other educational institutions on a | 16 | | term, semester or trimester
basis, shall be exempt from the | 17 | | 120 day completion time limit. The
Department shall adopt | 18 | | rules for such courses of training.
These rules shall | 19 | | include procedures for facilities to
carry on an approved | 20 | | course of training within the facility.
| 21 | | The Department may accept comparable training in lieu | 22 | | of the 120 hour
course for student nurses, foreign nurses, | 23 | | military personnel, or employes of
the Department of Human | 24 | | Services.
| 25 | | The facility shall develop and implement procedures, | 26 | | which shall be
approved by the Department, for an ongoing |
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| 1 | | review process, which shall take
place within the facility, | 2 | | for nursing assistants, habilitation aides, and
child care | 3 | | aides.
| 4 | | At the time of each regularly scheduled licensure | 5 | | survey, or at the time
of a complaint investigation, the | 6 | | Department may require any nursing
assistant, habilitation | 7 | | aide, or child care aide to demonstrate, either through | 8 | | written
examination or action, or both, sufficient | 9 | | knowledge in all areas of
required training. If such | 10 | | knowledge is inadequate the Department shall
require the | 11 | | nursing assistant, habilitation aide, or child care aide to | 12 | | complete inservice
training and review in the facility | 13 | | until the nursing assistant, habilitation
aide, or child | 14 | | care aide demonstrates to the Department, either through | 15 | | written
examination or action, or both, sufficient | 16 | | knowledge in all areas of
required training.
| 17 | | (6) Be familiar with and have general skills related to | 18 | | resident care.
| 19 | | (a-0.5) An educational entity, other than a secondary | 20 | | school, conducting a
nursing assistant, habilitation aide, or | 21 | | child care aide
training program
shall initiate a criminal | 22 | | history record check in accordance with the Health Care Worker | 23 | | Background Check Act prior to entry of an
individual into the | 24 | | training program.
A secondary school may initiate a criminal | 25 | | history record check in accordance with the Health Care Worker | 26 | | Background Check Act at any time during or after a training |
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| 1 | | program.
| 2 | | (a-1) Nursing assistants, habilitation aides, or child | 3 | | care aides seeking to be included on the Health Care Worker | 4 | | Registry under the Health Care Worker Background Check Act | 5 | | registry maintained under Section 3-206.01 on or
after January | 6 | | 1, 1996 must authorize the Department of Public Health or its
| 7 | | designee
to request a criminal history record check in | 8 | | accordance with the Health Care Worker Background Check Act and | 9 | | submit all necessary
information. An individual may not newly | 10 | | be included on the Health Care Worker Registry registry unless | 11 | | a criminal history record check has been conducted with respect | 12 | | to the individual.
| 13 | | (b) Persons subject to this Section shall perform their | 14 | | duties under the
supervision of a licensed nurse.
| 15 | | (c) It is unlawful for any facility to employ any person in | 16 | | the capacity
of nursing assistant, habilitation aide, or child | 17 | | care aide, or under any other title, not
licensed by the State | 18 | | of Illinois to assist in the personal, medical, or
nursing care | 19 | | of residents in such facility unless such person has complied
| 20 | | with this Section.
| 21 | | (d) Proof of compliance by each employee with the | 22 | | requirements set out
in this Section shall be maintained for | 23 | | each such employee by each facility
in the individual personnel | 24 | | folder of the employee. Proof of training shall be obtained | 25 | | only from the Health Care Worker Registry health care worker | 26 | | registry .
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| 1 | | (e) Each facility shall obtain access to the Health Care | 2 | | Worker Registry's health care worker registry's web | 3 | | application, maintain the employment and demographic | 4 | | information relating to each employee, and verify by the | 5 | | category and type of employment that
each employee subject to | 6 | | this Section meets all the requirements of this
Section.
| 7 | | (f) Any facility that is operated under Section 3-803 shall | 8 | | be
exempt
from the requirements of this Section.
| 9 | | (g) Each skilled nursing and intermediate care facility | 10 | | that
admits
persons who are diagnosed as having Alzheimer's | 11 | | disease or related
dementias shall require all nursing | 12 | | assistants, habilitation aides, or child
care aides, who did | 13 | | not receive 12 hours of training in the care and
treatment of | 14 | | such residents during the training required under paragraph
(5) | 15 | | of subsection (a), to obtain 12 hours of in-house training in | 16 | | the care
and treatment of such residents. If the facility does | 17 | | not provide the
training in-house, the training shall be | 18 | | obtained from other facilities,
community colleges or other | 19 | | educational institutions that have a
recognized course for such | 20 | | training. The Department shall, by rule,
establish a recognized | 21 | | course for such training. The Department's rules shall provide | 22 | | that such
training may be conducted in-house at each facility | 23 | | subject to the
requirements of this subsection, in which case | 24 | | such training shall be
monitored by the Department.
| 25 | | The Department's rules shall also provide for | 26 | | circumstances and procedures
whereby any person who has |
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| 1 | | received training that meets
the
requirements of this | 2 | | subsection shall not be required to undergo additional
training | 3 | | if he or she is transferred to or obtains employment at a
| 4 | | different facility or a facility other than a long-term care | 5 | | facility but remains continuously employed for pay as a nursing | 6 | | assistant,
habilitation aide, or child care aide. Individuals
| 7 | | who have performed no nursing or nursing-related services
for a | 8 | | period of 24 consecutive months shall be listed as "inactive"
| 9 | | and as such do not meet the requirements of this Section. | 10 | | Licensed sheltered care facilities
shall be
exempt from the | 11 | | requirements of this Section.
| 12 | | (Source: P.A. 96-1372, eff. 7-29-10.)
| 13 | | (210 ILCS 45/3-206.01) (from Ch. 111 1/2, par. 4153-206.01)
| 14 | | Sec. 3-206.01. Health Care Worker Registry care worker | 15 | | registry . | 16 | | (a) The Department shall establish and maintain a Health | 17 | | Care Worker Registry accessible by health care employers, as | 18 | | defined in the Health Care Worker Background Check Act, that | 19 | | includes background check and training information of all
| 20 | | individuals who (i) have satisfactorily completed the training | 21 | | required
by Section 3-206, (ii) have begun a current course of | 22 | | training as set forth in Section 3-206, or (iii) are otherwise | 23 | | acting as a nursing assistant, habilitation aide, home health | 24 | | aide, psychiatric services rehabilitation aide, or child care | 25 | | aide. Any individual placed on the
registry is required to |
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| 1 | | inform the Department of any change of address
within 30 days. | 2 | | A facility shall not employ an individual as a nursing
| 3 | | assistant, habilitation aide, home health aide, psychiatric | 4 | | services rehabilitation aide, or child care aide, or newly | 5 | | hired as an individual who may have access to a resident, a | 6 | | resident's living quarters, or a resident's personal, | 7 | | financial, or medical records,
unless the facility has inquired | 8 | | of the Department's Health Care Worker Registry and the | 9 | | individual is listed on the Health Care Worker Registry as | 10 | | eligible to work for a health care employer health care worker | 11 | | registry as to information in the
registry concerning the | 12 | | individual . The facility shall not employ an individual as a | 13 | | nursing assistant, habilitation aide, or child care aide if | 14 | | that individual is not on the Health Care Worker Registry
| 15 | | registry unless the individual is enrolled in a training | 16 | | program under
paragraph (5) of subsection (a) of Section 3-206 | 17 | | of this Act. The Department may also maintain a publicly
| 18 | | accessible registry. | 19 | | (a-5) The Health Care Worker Registry registry maintained | 20 | | by the Department exclusive
to health care employers, as | 21 | | defined in the Health Care Worker Background Check Act, shall | 22 | | clearly indicate whether an
applicant or employee is eligible | 23 | | for employment and shall
include the following: | 24 | | (1) information about the individual, including the
| 25 | | individual's name, his or her current address, Social
| 26 | | Security number, the date and location of the training
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| 1 | | course completed by the individual, whether the individual
| 2 | | has any of the disqualifying convictions listed in Section
| 3 | | 25 of the Health Care Worker Background Check Act from the
| 4 | | date of the individual's last criminal record check,
| 5 | | whether the individual has a waiver pending under Section
| 6 | | 40 of the Health Care Worker Background Check Act, and | 7 | | whether the individual has received a
waiver under Section | 8 | | 40 of that
Act; | 9 | | (2) the following language: | 10 | | "A waiver granted by the Department of Public | 11 | | Health is a determination that the applicant or
| 12 | | employee is eligible to work in a health care facility.
| 13 | | The Equal Employment Opportunity Commission provides
| 14 | | guidance about federal law regarding hiring of | 15 | | individuals with criminal records."; and | 16 | | (3) a link to Equal Employment Opportunity Commission | 17 | | guidance regarding hiring of individuals with criminal | 18 | | records. | 19 | | (a-10) After January 1, 2017, the publicly accessible
| 20 | | registry maintained by the Department shall report that an | 21 | | individual is ineligible to work if he or she has a | 22 | | disqualifying offense under Section 25 of the Health Care
| 23 | | Worker Background Check Act and has not received a waiver under
| 24 | | Section 40 of that Act. If an applicant or employee has
| 25 | | received a waiver for one or more disqualifying offenses under
| 26 | | Section 40 of the Health Care Worker Background Check Act and |
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| 1 | | he or she is otherwise eligible to work, the Department of
| 2 | | Public Health shall report on the public registry that the
| 3 | | applicant or employee is eligible to work. The Department,
| 4 | | however, shall not report information regarding the waiver on
| 5 | | the public registry.
| 6 | | (a-15) (Blank). If the Department finds that a nursing | 7 | | assistant, habilitation aide, home health aide, psychiatric | 8 | | services rehabilitation aide, or
child care aide, or an | 9 | | unlicensed individual, has abused or neglected a resident or an | 10 | | individual under his or her care or misappropriated
property of | 11 | | a resident or an individual under his or her care, the | 12 | | Department shall notify the individual of
this finding by | 13 | | certified mail sent to the address contained in the registry. | 14 | | The notice shall give the individual an opportunity to contest | 15 | | the finding in a
hearing before the Department or to submit a | 16 | | written response to the findings
in lieu of requesting a | 17 | | hearing. If, after a hearing or if the individual does
not | 18 | | request a hearing, the Department finds that the individual | 19 | | abused a
resident, neglected a resident, or misappropriated | 20 | | resident property in a
facility, the finding shall be included | 21 | | as part of the registry as well as a clear and accurate summary
| 22 | | from the individual, if he or she chooses to make such a
| 23 | | statement. The Department shall make the following information | 24 | | in the registry available to
the public: an individual's full | 25 | | name; the date an individual successfully completed a nurse | 26 | | aide training or competency evaluation; and whether the |
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| 1 | | Department has made a finding that an individual has been | 2 | | guilty of abuse or neglect of a resident or misappropriation of | 3 | | resident property. In the case of inquiries to the registry | 4 | | concerning an individual
listed in the registry, any | 5 | | information disclosed concerning such a finding
shall also | 6 | | include disclosure of the individual's statement in the | 7 | | registry relating to the
finding or a clear and accurate | 8 | | summary of the statement.
| 9 | | (b) (Blank). The Department shall add to the health care | 10 | | worker registry records
of findings as reported by the | 11 | | Inspector General or remove from
the health care worker | 12 | | registry records of findings as reported by the
Department of | 13 | | Human Services, under subsection (s) of Section 1-17 of the | 14 | | Department of Human Services Act.
| 15 | | (Source: P.A. 99-78, eff. 7-20-15; 99-872, eff. 1-1-17 .)
| 16 | | (210 ILCS 45/3-206.02 rep.) | 17 | | Section 20. The Nursing Home Care Act is amended by | 18 | | repealing Section 3-206.02. | 19 | | Section 25. The MC/DD Act is amended by changing Sections | 20 | | 3-206 and 3-206.01 as follows: | 21 | | (210 ILCS 46/3-206)
| 22 | | Sec. 3-206. Curriculum for training nursing assistants and | 23 | | aides. The Department shall prescribe a curriculum for training |
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| 1 | | nursing assistants, habilitation aides, and child care aides. | 2 | | (a) No person, except a volunteer who receives no | 3 | | compensation from a facility and is not included for the | 4 | | purpose of meeting any staffing requirements set forth by the | 5 | | Department, shall act as a nursing assistant, habilitation | 6 | | aide, or child care aide in a facility, nor shall any person, | 7 | | under any other title, not licensed, certified, or registered | 8 | | to render medical care by the Department of Financial and | 9 | | Professional Regulation, assist with the personal, medical, or | 10 | | nursing care of residents in a facility, unless such person | 11 | | meets the following requirements: | 12 | | (1) Be at least 16 years of age, of temperate habits
| 13 | | and good moral character, honest, reliable and | 14 | | trustworthy. | 15 | | (2) Be able to speak and understand the English
| 16 | | language or a language understood by a substantial | 17 | | percentage of the facility's residents. | 18 | | (3) Provide evidence of employment or occupation, if
| 19 | | any, and residence for 2 years prior to his or her present | 20 | | employment. | 21 | | (4) Have completed at least 8 years of grade school
or | 22 | | provide proof of equivalent knowledge. | 23 | | (5) Begin a current course of training for nursing
| 24 | | assistants, habilitation aides, or child care aides, | 25 | | approved by the Department, within 45 days of initial | 26 | | employment in the capacity of a nursing assistant, |
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| 1 | | habilitation aide, or child care aide at any facility. Such | 2 | | courses of training shall be successfully completed within | 3 | | 120 days of initial employment in the capacity of nursing | 4 | | assistant, habilitation aide, or child care aide at a | 5 | | facility. Nursing assistants, habilitation aides, and | 6 | | child care aides who are enrolled in approved courses in | 7 | | community colleges or other educational institutions on a | 8 | | term, semester or trimester basis, shall be exempt from the | 9 | | 120-day completion time limit. The Department shall adopt | 10 | | rules for such courses of training. These rules shall | 11 | | include procedures for facilities to carry on an approved | 12 | | course of training within the facility. | 13 | | The Department may accept comparable training in
lieu | 14 | | of the 120-hour course for student nurses, foreign nurses, | 15 | | military personnel, or employees of the Department of Human | 16 | | Services. | 17 | | The facility shall develop and implement procedures,
| 18 | | which shall be approved by the Department, for an ongoing | 19 | | review process, which shall take place within the facility, | 20 | | for nursing assistants, habilitation aides, and child care | 21 | | aides. | 22 | | At the time of each regularly scheduled licensure
| 23 | | survey, or at the time of a complaint investigation, the | 24 | | Department may require any nursing assistant, habilitation | 25 | | aide, or child care aide to demonstrate, either through | 26 | | written examination or action, or both, sufficient |
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| 1 | | knowledge in all areas of required training. If such | 2 | | knowledge is inadequate the Department shall require the | 3 | | nursing assistant, habilitation aide, or child care aide to | 4 | | complete inservice training and review in the facility | 5 | | until the nursing assistant, habilitation aide, or child | 6 | | care aide demonstrates to the Department, either through | 7 | | written examination or action, or both, sufficient | 8 | | knowledge in all areas of required training; and | 9 | | (6) Be familiar with and have general skills related
to | 10 | | resident care. | 11 | | (a-0.5) An educational entity, other than a secondary | 12 | | school, conducting a nursing assistant, habilitation aide, or | 13 | | child care aide training program shall initiate a criminal | 14 | | history record check in accordance with the Health Care Worker | 15 | | Background Check Act prior to entry of an individual into the | 16 | | training program. A secondary school may initiate a criminal | 17 | | history record check in accordance with the Health Care Worker | 18 | | Background Check Act at any time during or after a training | 19 | | program. | 20 | | (a-1) Nursing assistants, habilitation aides, or child | 21 | | care aides seeking to be included on the Health Care Worker | 22 | | Registry under the Health Care Worker Background Check Act | 23 | | registry maintained under Section 3-206.01 of this Act must | 24 | | authorize the Department of Public Health or its designee to | 25 | | request a criminal history record check in accordance with the | 26 | | Health Care Worker Background Check Act and submit all |
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| 1 | | necessary information. An individual may not newly be included | 2 | | on the Health Care Worker Registry registry unless a criminal | 3 | | history record check has been conducted with respect to the | 4 | | individual. | 5 | | (b) Persons subject to this Section shall perform their | 6 | | duties under the supervision of a licensed nurse or other | 7 | | appropriately trained, licensed, or certified personnel. | 8 | | (c) It is unlawful for any facility to employ any person in | 9 | | the capacity of nursing assistant, habilitation aide, or child | 10 | | care aide, or under any other title, not licensed by the State | 11 | | of Illinois to assist in the personal, medical, or nursing care | 12 | | of residents in such facility unless such person has complied | 13 | | with this Section. | 14 | | (d) Proof of compliance by each employee with the | 15 | | requirements set out in this Section shall be maintained for | 16 | | each such employee by each facility in the individual personnel | 17 | | folder of the employee. Proof of training shall be obtained | 18 | | only from the Health Care Worker Registry health care worker | 19 | | registry . | 20 | | (e) Each facility shall obtain access to the Health Care | 21 | | Worker Registry's health care worker registry's web | 22 | | application, maintain the employment and demographic | 23 | | information relating to each employee, and verify by the | 24 | | category and type of employment that each employee subject to | 25 | | this Section meets all the requirements of this Section. | 26 | | (f) Any facility that is operated under Section 3-803 shall |
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| 1 | | be exempt from the requirements of this Section. | 2 | | (g) Each skilled nursing and intermediate care facility | 3 | | that admits persons who are diagnosed as having Alzheimer's | 4 | | disease or related dementias shall require all nursing | 5 | | assistants, habilitation aides, or child care aides, who did | 6 | | not receive 12 hours of training in the care and treatment of | 7 | | such residents during the training required under paragraph (5) | 8 | | of subsection (a), to obtain 12 hours of in house training in | 9 | | the care and treatment of such residents. If the facility does | 10 | | not provide the training in house, the training shall be | 11 | | obtained from other facilities, community colleges or other | 12 | | educational institutions that have a recognized course for such | 13 | | training. The Department shall, by rule, establish a recognized | 14 | | course for such training. | 15 | | The Department's rules shall provide that such training may | 16 | | be conducted in house at each facility subject to the | 17 | | requirements of this subsection, in which case such training | 18 | | shall be monitored by the Department.
The Department's rules | 19 | | shall also provide for circumstances and procedures whereby any | 20 | | person who has received training that meets the requirements of | 21 | | this subsection shall not be required to undergo additional | 22 | | training if he or she is transferred to or obtains employment | 23 | | at a different facility or a facility other than those licensed | 24 | | under this Act but remains continuously employed as a nursing | 25 | | assistant, habilitation aide, or child care aide. Individuals | 26 | | who have performed no nursing, nursing-related services, or |
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| 1 | | habilitation services for a period of 24 consecutive months | 2 | | shall be listed as inactive and as such do not meet the | 3 | | requirements of this Section. Licensed sheltered care | 4 | | facilities shall be exempt from the requirements of this | 5 | | Section.
| 6 | | (Source: P.A. 99-180, eff. 7-29-15.) | 7 | | (210 ILCS 46/3-206.01)
| 8 | | Sec. 3-206.01. Health Care Worker Registry care worker | 9 | | registry . | 10 | | (a) The Department shall establish and maintain a registry | 11 | | of all individuals who (i) have satisfactorily completed the | 12 | | training required by Section 3-206, (ii) have begun a current | 13 | | course of training as set forth in Section 3-206, or (iii) are | 14 | | otherwise acting as a nursing assistant, habilitation aide, | 15 | | home health aide, or child care aide. The registry shall | 16 | | include the individual's name, his or her current address, | 17 | | Social Security number, and whether the individual has any of | 18 | | the disqualifying convictions listed in Section 25 of the | 19 | | Health Care Worker Background Check Act from the date and | 20 | | location of the training course completed by the individual, | 21 | | and the date of the individual's last criminal records check. | 22 | | Any individual placed on the registry is required to inform the | 23 | | Department of any change of address within 30 days. A facility | 24 | | shall not employ an individual as a nursing assistant, | 25 | | habilitation aide, home health aide, or child care aide, or |
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| 1 | | newly hired as an individual who may have access to a resident, | 2 | | a resident's living quarters, or a resident's personal, | 3 | | financial, or medical records, unless the facility has checked | 4 | | inquired of the Department's Health Care Worker Registry and | 5 | | the individual is listed on the Health Care Worker Registry as | 6 | | eligible to work for a health care employer health care worker | 7 | | registry as to information in the registry concerning the | 8 | | individual . The facility shall not employ an individual as a | 9 | | nursing assistant, habilitation aide, or child care aide if | 10 | | that individual is not on the Health Care Worker Registry | 11 | | registry unless the individual is enrolled in a training | 12 | | program under paragraph (5) of subsection (a) of Section 3-206 | 13 | | of this Act. | 14 | | If the Department finds that a nursing assistant, | 15 | | habilitation aide, home health aide, child care aide, or an | 16 | | unlicensed individual, has abused or neglected a resident or an | 17 | | individual under his or her care, or misappropriated property | 18 | | of a resident or an individual under his or her care in a | 19 | | facility, the Department shall notify the individual of this | 20 | | finding by certified mail sent to the address contained in the | 21 | | registry. The notice shall give the individual an opportunity | 22 | | to contest the finding in a hearing before the Department or to | 23 | | submit a written response to the findings in lieu of requesting | 24 | | a hearing. If, after a hearing or if the individual does not | 25 | | request a hearing, the Department finds that the individual | 26 | | abused a resident, neglected a resident, or misappropriated |
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| 1 | | resident property in a facility, the finding shall be included | 2 | | as part of the registry as well as a clear and accurate summary | 3 | | statement from the individual, if he or she chooses to make | 4 | | such a statement. The Department shall make the following | 5 | | information in the registry available to the public: an | 6 | | individual's full name; the date an individual successfully | 7 | | completed a nurse aide training or competency evaluation; and | 8 | | whether the Department has made a finding that an individual | 9 | | has been guilty of abuse or neglect of a resident or | 10 | | misappropriation of resident's property. In the case of | 11 | | inquiries to the registry concerning an individual listed in | 12 | | the registry, any information disclosed concerning such a | 13 | | finding shall also include disclosure of the individual's | 14 | | statement in the registry relating to the finding or a clear | 15 | | and accurate summary of the statement. | 16 | | (b) (Blank). The Department shall add to the health care | 17 | | worker registry records of findings as reported by the | 18 | | Inspector General or remove from the health care worker | 19 | | registry records of findings as reported by the Department of | 20 | | Human Services, under subsection (s) of Section 1-17 of
the | 21 | | Department of Human Services Act.
| 22 | | (Source: P.A. 99-180, eff. 7-29-15.) | 23 | | (210 ILCS 46/3-206.02 rep.) | 24 | | Section 30. The MC/DD Act is amended by repealing Section | 25 | | 3-206.02. |
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| 1 | | Section 35. The ID/DD Community Care Act is amended by | 2 | | changing Sections 3-206 and 3-206.01 as follows: | 3 | | (210 ILCS 47/3-206)
| 4 | | Sec. 3-206. Curriculum for training nursing assistants and | 5 | | aides. The Department shall prescribe a curriculum for training | 6 | | nursing assistants, habilitation aides, and child care aides. | 7 | | (a) No person, except a volunteer who receives no | 8 | | compensation from a facility and is not included for the | 9 | | purpose of meeting any staffing requirements set forth by the | 10 | | Department, shall act as a nursing assistant, habilitation | 11 | | aide, or child care aide in a facility, nor shall any person, | 12 | | under any other title, not licensed, certified, or registered | 13 | | to render medical care by the Department of Financial and | 14 | | Professional Regulation, assist with the personal, medical, or | 15 | | nursing care of residents in a facility, unless such person | 16 | | meets the following requirements: | 17 | | (1) Be at least 16 years of age, of temperate habits
| 18 | | and good moral character, honest, reliable and | 19 | | trustworthy. | 20 | | (2) Be able to speak and understand the English
| 21 | | language or a language understood by a substantial | 22 | | percentage of the facility's residents. | 23 | | (3) Provide evidence of employment or occupation, if
| 24 | | any, and residence for 2 years prior to his or her present |
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| 1 | | employment. | 2 | | (4) Have completed at least 8 years of grade school
or | 3 | | provide proof of equivalent knowledge. | 4 | | (5) Begin a current course of training for nursing
| 5 | | assistants, habilitation aides, or child care aides, | 6 | | approved by the Department, within 45 days of initial | 7 | | employment in the capacity of a nursing assistant, | 8 | | habilitation aide, or child care aide at any facility. Such | 9 | | courses of training shall be successfully completed within | 10 | | 120 days of initial employment in the capacity of nursing | 11 | | assistant, habilitation aide, or child care aide at a | 12 | | facility. Nursing assistants, habilitation aides, and | 13 | | child care aides who are enrolled in approved courses in | 14 | | community colleges or other educational institutions on a | 15 | | term, semester or trimester basis, shall be exempt from the | 16 | | 120-day completion time limit. The Department shall adopt | 17 | | rules for such courses of training. These rules shall | 18 | | include procedures for facilities to carry on an approved | 19 | | course of training within the facility. | 20 | | The Department may accept comparable training in
lieu | 21 | | of the 120-hour course for student nurses, foreign nurses, | 22 | | military personnel, or employees of the Department of Human | 23 | | Services. | 24 | | The facility shall develop and implement procedures,
| 25 | | which shall be approved by the Department, for an ongoing | 26 | | review process, which shall take place within the facility, |
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| 1 | | for nursing assistants, habilitation aides, and child care | 2 | | aides. | 3 | | At the time of each regularly scheduled licensure
| 4 | | survey, or at the time of a complaint investigation, the | 5 | | Department may require any nursing assistant, habilitation | 6 | | aide, or child care aide to demonstrate, either through | 7 | | written examination or action, or both, sufficient | 8 | | knowledge in all areas of required training. If such | 9 | | knowledge is inadequate the Department shall require the | 10 | | nursing assistant, habilitation aide, or child care aide to | 11 | | complete inservice training and review in the facility | 12 | | until the nursing assistant, habilitation aide, or child | 13 | | care aide demonstrates to the Department, either through | 14 | | written examination or action, or both, sufficient | 15 | | knowledge in all areas of required training; and | 16 | | (6) Be familiar with and have general skills related
to | 17 | | resident care. | 18 | | (a-0.5) An educational entity, other than a secondary | 19 | | school, conducting a nursing assistant, habilitation aide, or | 20 | | child care aide training program shall initiate a criminal | 21 | | history record check in accordance with the Health Care Worker | 22 | | Background Check Act prior to entry of an individual into the | 23 | | training program. A secondary school may initiate a criminal | 24 | | history record check in accordance with the Health Care Worker | 25 | | Background Check Act at any time during or after a training | 26 | | program. |
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| 1 | | (a-1) Nursing assistants, habilitation aides, or child | 2 | | care aides seeking to be included on the Health Care Worker | 3 | | Registry under the Health Care Worker Background Check Act | 4 | | registry maintained under Section 3-206.01 of this Act must | 5 | | authorize the Department of Public Health or its designee to | 6 | | request a criminal history record check in accordance with the | 7 | | Health Care Worker Background Check Act and submit all | 8 | | necessary information. An individual may not newly be included | 9 | | on the Health Care Worker Registry registry unless a criminal | 10 | | history record check has been conducted with respect to the | 11 | | individual. | 12 | | (b) Persons subject to this Section shall perform their | 13 | | duties under the supervision of a licensed nurse or other | 14 | | appropriately trained, licensed, or certified personnel. | 15 | | (c) It is unlawful for any facility to employ any person in | 16 | | the capacity of nursing assistant, habilitation aide, or child | 17 | | care aide, or under any other title, not licensed by the State | 18 | | of Illinois to assist in the personal, medical, or nursing care | 19 | | of residents in such facility unless such person has complied | 20 | | with this Section. | 21 | | (d) Proof of compliance by each employee with the | 22 | | requirements set out in this Section shall be maintained for | 23 | | each such employee by each facility in the individual personnel | 24 | | folder of the employee. Proof of training shall be obtained | 25 | | only from the Health Care Worker Registry health care worker | 26 | | registry . |
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| 1 | | (e) Each facility shall obtain access to the Health Care | 2 | | Worker Registry's health care worker registry's web | 3 | | application, maintain the employment and demographic | 4 | | information relating to each employee, and verify by the | 5 | | category and type of employment that each employee subject to | 6 | | this Section meets all the requirements of this Section. | 7 | | (f) Any facility that is operated under Section 3-803 shall | 8 | | be exempt from the requirements of this Section. | 9 | | (g) Each skilled nursing and intermediate care facility | 10 | | that admits persons who are diagnosed as having Alzheimer's | 11 | | disease or related dementias shall require all nursing | 12 | | assistants, habilitation aides, or child care aides, who did | 13 | | not receive 12 hours of training in the care and treatment of | 14 | | such residents during the training required under paragraph (5) | 15 | | of subsection (a), to obtain 12 hours of in house training in | 16 | | the care and treatment of such residents. If the facility does | 17 | | not provide the training in house, the training shall be | 18 | | obtained from other facilities, community colleges or other | 19 | | educational institutions that have a recognized course for such | 20 | | training. The Department shall, by rule, establish a recognized | 21 | | course for such training. | 22 | | The Department's rules shall provide that such training may | 23 | | be conducted in house at each facility subject to the | 24 | | requirements of this subsection, in which case such training | 25 | | shall be monitored by the Department.
The Department's rules | 26 | | shall also provide for circumstances and procedures whereby any |
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| 1 | | person who has received training that meets the requirements of | 2 | | this subsection shall not be required to undergo additional | 3 | | training if he or she is transferred to or obtains employment | 4 | | at a different facility or a facility other than those licensed | 5 | | under this Act but remains continuously employed as a nursing | 6 | | assistant, habilitation aide, or child care aide. Individuals | 7 | | who have performed no nursing, nursing-related services, or | 8 | | habilitation services for a period of 24 consecutive months | 9 | | shall be listed as inactive and as such do not meet the | 10 | | requirements of this Section. Licensed sheltered care | 11 | | facilities shall be exempt from the requirements of this | 12 | | Section.
| 13 | | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) | 14 | | (210 ILCS 47/3-206.01)
| 15 | | Sec. 3-206.01. Health Care Worker Registry care worker | 16 | | registry . | 17 | | (a) The Department shall establish and maintain a registry | 18 | | of all individuals who (i) have satisfactorily completed the | 19 | | training required by Section 3-206, (ii) have begun a current | 20 | | course of training as set forth in Section 3-206, or (iii) are | 21 | | otherwise acting as a nursing assistant, habilitation aide, | 22 | | home health aide, or child care aide. The registry shall | 23 | | include the individual's name, his or her current address, | 24 | | Social Security number, and whether the individual has any of | 25 | | the disqualifying convictions listed in Section 25 of the |
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| 1 | | Health Care Worker Background Check Act from the date and | 2 | | location of the training course completed by the individual, | 3 | | and the date of the individual's last criminal records check. | 4 | | Any individual placed on the registry is required to inform the | 5 | | Department of any change of address within 30 days. A facility | 6 | | shall not employ an individual as a nursing assistant, | 7 | | habilitation aide, home health aide, or child care aide, or | 8 | | newly hired as an individual who may have access to a resident, | 9 | | a resident's living quarters, or a resident's personal, | 10 | | financial, or medical records, unless the facility has checked | 11 | | inquired of the Department's Health Care Worker Registry and | 12 | | the individual is listed on the Health Care Worker Registry as | 13 | | eligible to work for a health care employer health care worker | 14 | | registry as to information in the registry concerning the | 15 | | individual . The facility shall not employ an individual as a | 16 | | nursing assistant, habilitation aide, or child care aide if | 17 | | that individual is not on the Health Care Worker Registry | 18 | | registry unless the individual is enrolled in a training | 19 | | program under paragraph (5) of subsection (a) of Section 3-206 | 20 | | of this Act. | 21 | | If the Department finds that a nursing assistant, | 22 | | habilitation aide, home health aide, child care aide, or an | 23 | | unlicensed individual, has abused or neglected a resident or an | 24 | | individual under his or her care, or misappropriated property | 25 | | of a resident or an individual under his or her care in a | 26 | | facility, the Department shall notify the individual of this |
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| 1 | | finding by certified mail sent to the address contained in the | 2 | | registry. The notice shall give the individual an opportunity | 3 | | to contest the finding in a hearing before the Department or to | 4 | | submit a written response to the findings in lieu of requesting | 5 | | a hearing. If, after a hearing or if the individual does not | 6 | | request a hearing, the Department finds that the individual | 7 | | abused a resident, neglected a resident, or misappropriated | 8 | | resident property in a facility, the finding shall be included | 9 | | as part of the registry as well as a clear and accurate summary | 10 | | statement from the individual, if he or she chooses to make | 11 | | such a statement. The Department shall make the following | 12 | | information in the registry available to the public: an | 13 | | individual's full name; the date an individual successfully | 14 | | completed a nurse aide training or competency evaluation; and | 15 | | whether the Department has made a finding that an individual | 16 | | has been guilty of abuse or neglect of a resident or | 17 | | misappropriation of resident's property. In the case of | 18 | | inquiries to the registry concerning an individual listed in | 19 | | the registry, any information disclosed concerning such a | 20 | | finding shall also include disclosure of the individual's | 21 | | statement in the registry relating to the finding or a clear | 22 | | and accurate summary of the statement. | 23 | | (b) (Blank). The Department shall add to the health care | 24 | | worker registry records of findings as reported by the | 25 | | Inspector General or remove from the health care worker | 26 | | registry records of findings as reported by the Department of |
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| 1 | | Human Services, under subsection (s) of Section 1-17 of
the | 2 | | Department of Human Services Act.
| 3 | | (Source: P.A. 99-78, eff. 7-20-15.) | 4 | | (210 ILCS 47/3-206.02 rep.) | 5 | | Section 40. The ID/DD Community Care Act is amended by | 6 | | repealing Section 3-206.02. | 7 | | Section 45. The Health Care Worker Background Check Act is | 8 | | amended by changing Sections 15, 25, 33, and 40 and by adding | 9 | | Sections 26, 27, 28, and 75 as follows:
| 10 | | (225 ILCS 46/15)
| 11 | | Sec. 15. Definitions. In this Act:
| 12 | | "Applicant" means an individual seeking employment , | 13 | | whether paid or on a volunteer basis, with a health care
| 14 | | employer who has received a bona fide conditional offer of | 15 | | employment.
| 16 | | "Conditional offer of employment" means a bona fide offer | 17 | | of employment by a
health care employer to an applicant, which | 18 | | is contingent upon the receipt of a
report from the Department | 19 | | of Public Health indicating that the applicant does
not have a | 20 | | record of conviction of any of the criminal offenses enumerated | 21 | | in
Section 25.
| 22 | | "Department" means the Department of Public Health. | 23 | | "Direct care" means the provision of nursing care or |
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| 1 | | assistance with feeding,
dressing, movement, bathing, | 2 | | toileting, or other personal needs, including home services as | 3 | | defined in the Home Health, Home Services, and Home Nursing | 4 | | Agency Licensing Act. The entity
responsible for inspecting and | 5 | | licensing, certifying, or registering the
health care employer | 6 | | may, by administrative rule, prescribe guidelines for
| 7 | | interpreting this definition with regard to the health care | 8 | | employers that it
licenses.
| 9 | | "Director" means the Director of Public Health. | 10 | | "Disqualifying offenses" means those offenses set forth in | 11 | | Section 25 of this Act. | 12 | | "Employee" means any individual hired, employed, or | 13 | | retained , whether paid or on a volunteer basis, to which this | 14 | | Act applies. | 15 | | "Finding" means the Department's determination of whether | 16 | | an allegation is verified and substantiated. | 17 | | "Fingerprint-based criminal history records check" means a | 18 | | livescan fingerprint-based criminal history records check | 19 | | submitted as a fee applicant inquiry in the form and manner | 20 | | prescribed by the Department of State Police.
| 21 | | "Health care employer" means:
| 22 | | (1) the owner or licensee of any of the
following:
| 23 | | (i) a community living facility, as defined in the | 24 | | Community Living
Facilities Act;
| 25 | | (ii) a life care facility, as defined in the Life | 26 | | Care Facilities Act;
|
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| 1 | | (iii) a long-term care facility;
| 2 | | (iv) a home health agency, home services agency, or | 3 | | home nursing agency as defined in the Home Health, Home | 4 | | Services, and Home Nursing Agency Licensing
Act;
| 5 | | (v) a hospice care program or volunteer hospice | 6 | | program, as defined in the Hospice Program Licensing | 7 | | Act;
| 8 | | (vi) a hospital, as defined in the Hospital | 9 | | Licensing Act;
| 10 | | (vii) (blank);
| 11 | | (viii) a nurse agency, as defined in the Nurse | 12 | | Agency Licensing Act;
| 13 | | (ix) a respite care provider, as defined in the | 14 | | Respite Program Act;
| 15 | | (ix-a) an establishment licensed under the | 16 | | Assisted Living and Shared
Housing Act;
| 17 | | (x) a supportive living program, as defined in the | 18 | | Illinois Public Aid
Code;
| 19 | | (xi) early childhood intervention programs as | 20 | | described in 59 Ill. Adm.
Code 121;
| 21 | | (xii) the University of Illinois Hospital, | 22 | | Chicago;
| 23 | | (xiii) programs funded by the Department on Aging | 24 | | through the Community
Care Program;
| 25 | | (xiv) programs certified to participate in the | 26 | | Supportive Living Program
authorized pursuant to |
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| 1 | | Section 5-5.01a of the Illinois Public Aid Code;
| 2 | | (xv) programs listed by the Emergency Medical | 3 | | Services (EMS) Systems Act
as
Freestanding Emergency | 4 | | Centers;
| 5 | | (xvi) locations licensed under the Alternative | 6 | | Health Care Delivery
Act;
| 7 | | (2) a day training program certified by the Department | 8 | | of Human Services;
| 9 | | (3) a community integrated living arrangement operated | 10 | | by a community
mental health and developmental service | 11 | | agency, as defined in the
Community-Integrated Living | 12 | | Arrangements Licensing and Certification Act; or
| 13 | | (4) the State Long Term Care Ombudsman Program, | 14 | | including any regional long term care ombudsman programs | 15 | | under Section 4.04 of the Illinois Act on the Aging, only | 16 | | for the purpose of securing background checks.
| 17 | | "Initiate" means obtaining from
a student, applicant, or | 18 | | employee his or her social security number, demographics, a | 19 | | disclosure statement, and an authorization for the Department | 20 | | of Public Health or its designee to request a fingerprint-based | 21 | | criminal history records check; transmitting this information | 22 | | electronically to the Department of Public Health; conducting | 23 | | Internet searches on certain web sites, including without | 24 | | limitation the Illinois Sex Offender Registry, the Department | 25 | | of Corrections' Sex Offender Search Engine, the Department of | 26 | | Corrections' Inmate Search Engine, the Department of |
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| 1 | | Corrections Wanted Fugitives Search Engine, the National Sex | 2 | | Offender Public Registry, and the List of Excluded Individuals | 3 | | and Entities database on the website of the Health and Human | 4 | | Services Office of Inspector General to determine if the | 5 | | applicant has been adjudicated a sex offender, has been a | 6 | | prison inmate, or has committed Medicare or Medicaid fraud, or | 7 | | conducting similar searches as defined by rule; and having the | 8 | | student, applicant, or employee's fingerprints collected and | 9 | | transmitted electronically to the Department of State Police.
| 10 | | "Livescan vendor" means an entity whose equipment has been | 11 | | certified by the Department of State Police to collect an | 12 | | individual's demographics and inkless fingerprints and, in a | 13 | | manner prescribed by the Department of State Police and the | 14 | | Department of Public Health, electronically transmit the | 15 | | fingerprints and required data to the Department of State | 16 | | Police and a daily file of required data to the Department of | 17 | | Public Health. The Department of Public Health shall negotiate | 18 | | a contract with one or more vendors that effectively | 19 | | demonstrate that the vendor has 2 or more years of experience | 20 | | transmitting fingerprints electronically to the Department of | 21 | | State Police and that the vendor can successfully transmit the | 22 | | required data in a manner prescribed by the Department of | 23 | | Public Health. Vendor authorization may be further defined by | 24 | | administrative rule.
| 25 | | "Long-term care facility" means a facility licensed by the | 26 | | State or certified under federal law as a long-term care |
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| 1 | | facility, including without limitation facilities licensed | 2 | | under the Nursing Home Care Act, the Specialized Mental Health | 3 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | 4 | | the MC/DD Act, a supportive living facility, an assisted living | 5 | | establishment, or a shared housing establishment or registered | 6 | | as a board and care home.
| 7 | | "Resident" means a person, individual, or patient under the | 8 | | direct care of a health care employer or who has been provided | 9 | | goods or services by a health care employer. | 10 | | (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
| 11 | | (225 ILCS 46/25)
| 12 | | Sec. 25. Hiring of people with criminal records by health | 13 | | care employers and long-term care facilities.
| 14 | | (a) A health care employer or long-term care facility may | 15 | | hire, employ, or retain any individual in a position involving | 16 | | direct care for clients, patients, or residents, or access to | 17 | | the living quarters or the financial, medical, or personal | 18 | | records of clients, patients, or residents who has been | 19 | | convicted of committing or attempting to commit one or more of | 20 | | the following offenses only with a waiver described in Section | 21 | | 40: those defined in Sections 8-1(b), 8-1.1, 8-1.2, 9-1,
9-1.2, | 22 | | 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3, | 23 | | 10-3.1, 10-4,
10-5, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, | 24 | | 11-1.60, 11-6, 11-9.1, 11-9.2, 11-9.3, 11-9.4-1, 11-9.5, | 25 | | 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, 12-2, 12-3.05, |
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| 1 | | 12-3.1,
12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.4, | 2 | | 12-4.5, 12-4.6, 12-4.7, 12-7.4,
12-11, 12-13, 12-14, 12-14.1, | 3 | | 12-15, 12-16, 12-19, 12-20.5, 12-21, 12-21.5, 12-21.6, 12-32,
| 4 | | 12-33, 12C-5, 12C-10, 16-1, 16-1.3, 16-25,
16A-3, 17-3, 17-56, | 5 | | 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 19-6, 20-1, | 6 | | 20-1.1,
24-1, 24-1.2, 24-1.5, 24-1.8, 24-3.8, or 33A-2, or | 7 | | subdivision (a)(4) of Section 11-14.4, or in subsection (a) of | 8 | | Section 12-3 or subsection (a) or (b) of Section 12-4.4a, of | 9 | | the Criminal Code of 1961 or the Criminal Code of 2012; those | 10 | | provided in
Section 4 of the Wrongs to Children Act; those | 11 | | provided in Section 53 of the
Criminal Jurisprudence Act; those | 12 | | defined in subsection (c), (d), (e), (f), or (g) of Section 5 | 13 | | or Section 5.1, 5.2, 7, or 9 of
the Cannabis Control Act; those | 14 | | defined in the Methamphetamine Control and Community | 15 | | Protection Act; or those defined in Sections 401, 401.1, 404, | 16 | | 405,
405.1, 407, or 407.1 of the Illinois Controlled Substances | 17 | | Act ; subsection (a) of Sections 3.01, Section 3.02, or Section | 18 | | 3.03 of the Humane Care for Animals Act; or Section 4 of the | 19 | | Narcotics Profit Forfeiture Act .
| 20 | | (a-1) A health care employer or long-term care facility may | 21 | | hire, employ, or retain any individual in a position involving | 22 | | direct care for clients, patients, or residents, or access to | 23 | | the living quarters or the financial, medical, or personal | 24 | | records of clients, patients, or residents who has been | 25 | | convicted of committing or attempting to commit one or more of | 26 | | the following offenses only with a waiver described in Section |
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| 1 | | 40: those offenses defined in Section 12-3.3, 12-4.2-5,
16-2, | 2 | | 16-30, 16G-15, 16G-20, 17-33, 17-34, 17-36, 17-44, 18-5, | 3 | | 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 24-3.2, or 24-3.3, or | 4 | | subsection (b) of Section 17-32, subsection (b) of Section | 5 | | 18-1, or subsection (b) of Section 20-1,
of the Criminal Code | 6 | | of 1961 or the Criminal Code of 2012; Section 4, 5, 6, 8, or | 7 | | 17.02 of the Illinois
Credit Card and Debit Card Act; or | 8 | | Section 11-9.1A of the Criminal Code of 1961 or the Criminal | 9 | | Code of 2012 or Section 5.1 of the Wrongs to Children Act;
or | 10 | | (ii) violated Section 50-50 of the Nurse Practice Act.
| 11 | | A health care employer is not required to retain an | 12 | | individual in a position
with duties involving direct care for | 13 | | clients, patients, or residents, and no long-term care facility | 14 | | is required to retain an individual in a position with duties | 15 | | that involve or may involve
contact with residents or access to | 16 | | the living quarters or the financial, medical, or personal | 17 | | records of residents, who has
been convicted of committing or | 18 | | attempting to commit one or more of
the offenses enumerated in | 19 | | this subsection.
| 20 | | (b) A health care employer shall not hire, employ, or | 21 | | retain , whether paid or on a volunteer basis, any
individual in | 22 | | a position with duties involving direct care of clients,
| 23 | | patients, or residents, and no long-term care facility shall | 24 | | knowingly hire, employ, or retain , whether paid or on a | 25 | | volunteer basis, any individual in a position with duties that | 26 | | involve or may involve
contact with residents or access to the |
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| 1 | | living quarters or the financial, medical, or personal records | 2 | | of residents, if the health care employer becomes aware that | 3 | | the
individual has been convicted in another state of | 4 | | committing or attempting to
commit an offense that has the same | 5 | | or similar elements as an offense listed in
subsection (a) or | 6 | | (a-1), as verified by court records, records from a state
| 7 | | agency, or an FBI criminal history record check, unless the | 8 | | applicant or employee obtains a waiver pursuant to Section 40 | 9 | | of this Act. This shall not be construed to
mean that a health | 10 | | care employer has an obligation to conduct a criminal
history | 11 | | records check in other states in which an employee has resided.
| 12 | | (c) A health care employer shall not hire, employ, or | 13 | | retain, whether paid or on a volunteer basis, any individual in | 14 | | a position with duties involving direct care of clients, | 15 | | patients, or residents, who has a finding by the Department of | 16 | | abuse, neglect, misappropriation of property, or theft denoted | 17 | | on the Health Care Worker Registry. | 18 | | (d) A health care employer shall not hire, employ, or | 19 | | retain, whether paid or on a volunteer basis, any individual in | 20 | | a position with duties involving direct care of clients, | 21 | | patients, or residents if the individual has a verified and | 22 | | substantiated finding of abuse, neglect, or financial | 23 | | exploitation, as identified within the Adult Protective | 24 | | Service Registry established under Section 7.5 of the Adult | 25 | | Protective Services Act. | 26 | | (e) A health care employer shall not hire, employ, or |
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| 1 | | retain, whether paid or on a volunteer basis, any individual in | 2 | | a position with duties involving direct care of clients, | 3 | | patients, or residents who has a finding by the Department of | 4 | | Human Services of physical or sexual abuse, financial | 5 | | exploitation, or egregious neglect of an individual denoted on | 6 | | the Health Care Worker Registry. | 7 | | (Source: P.A. 99-872, eff. 1-1-17 .) | 8 | | (225 ILCS 46/26 new) | 9 | | Sec. 26. Health Care Worker Registry. The Department shall | 10 | | establish and maintain the Health Care Worker Registry, a | 11 | | registry of all individuals who (i) have satisfactorily | 12 | | completed the training required by Section 3-206 of the Nursing | 13 | | Home Care Act, Section 3-206 of the MC/DD Act, or Section 3-206 | 14 | | of the ID/DD Community Care Act, (ii) have begun a current | 15 | | course of training as set forth in Section 3-206 of the Nursing | 16 | | Home Care Act, Section 3-206 of the MC/DD Act, or Section 3-206 | 17 | | of the ID/DD Community Care Act, or (iii) are otherwise acting | 18 | | as a nursing assistant, habilitation aide, home health aide, or | 19 | | child care aide. The Health Care Worker Registry shall include | 20 | | the individual's name, current address, and Social Security | 21 | | number, the date and location of the training course completed | 22 | | by the individual, whether the individual has any of the | 23 | | disqualifying convictions listed in Section 25 of the Health | 24 | | Care Worker Background Check Act from the date of the training | 25 | | course completed by the individual, and the date of the |
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| 1 | | individual's last criminal records check. Any individual | 2 | | placed on the Health Care Worker Registry is required to inform | 3 | | the Department of any change of address within 30 days after | 4 | | the effective date of the change of address. | 5 | | The Department shall include in the Health Care Worker | 6 | | Registry established under this Section the information | 7 | | contained in the registries established under Section 3-206.01 | 8 | | of the Nursing Home Care Act, Section 3-206.01 of the MC/DD | 9 | | Act, and Section 3-206.01 of the ID/DD Community Care Act. | 10 | | (225 ILCS 46/27 new) | 11 | | Sec. 27. Notice and hearing prior to designation on Health | 12 | | Care Worker Registry for offense. | 13 | | (a) If the Department finds that an employee or former | 14 | | employee has abused or neglected a resident or misappropriated | 15 | | property of a resident, then the Department shall notify the | 16 | | employee or individual of this finding by certified mail sent | 17 | | to the address contained in the Health Care Worker Registry. | 18 | | The notice shall give the employee or individual an opportunity | 19 | | to contest the finding in a hearing before the Department or to | 20 | | submit a written response to the findings in lieu of requesting | 21 | | a hearing. As used in this subsection, "abuse" and "neglect" | 22 | | shall have the meanings provided in the Nursing Home Care Act, | 23 | | except that the term "resident" as used in those definitions | 24 | | shall have the meaning provided in this Act. As used in this | 25 | | subsection, "misappropriate property of a resident" shall have |
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| 1 | | the meaning provided to "misappropriation of a resident's | 2 | | property" in the Nursing Home Care Act, except that the term | 3 | | "resident" as used in that definition shall have the meaning | 4 | | provided in this Act. | 5 | | (b) The Department shall have the authority to hold | 6 | | hearings to be conducted by the Director, or by an individual | 7 | | designated by the Director as hearing officer to conduct the | 8 | | hearing. On the basis of a hearing, or upon default of the | 9 | | employee, the Director shall make a determination specifying | 10 | | his or her findings and conclusions. A copy of the | 11 | | determination shall be sent by certified mail, return receipt | 12 | | requested, or served personally upon the employee to the | 13 | | address last provided by the employee to the Department. | 14 | | (c) The procedure governing hearings authorized by this | 15 | | Section shall be in accordance with rules adopted by the | 16 | | Department. A full and complete record shall be kept of all | 17 | | proceedings, including the notice of hearing, and all other | 18 | | documents in the nature of pleadings, written motions filed in | 19 | | the proceedings, and the report and orders of the Director or | 20 | | the Director's designee. All testimony shall be reported but | 21 | | need not be transcribed unless the decision is sought to be | 22 | | reviewed under the Administrative Review Law. A copy or copies | 23 | | of the transcript and record of the proceedings may be obtained | 24 | | by any interested party subsequent to payment to the Department | 25 | | of the cost of preparing the copy or copies. All final | 26 | | administrative decisions of the Department under this Act are |
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| 1 | | subject to judicial review under the Administrative Review Law | 2 | | and the rules adopted pursuant thereto. For purposes of this | 3 | | subsection, "administrative decision" has the meaning provided | 4 | | in Section 3-101 of the Code of Civil Procedure. | 5 | | (d) The Department may issue subpoenas requiring the | 6 | | attendance and the giving of testimony by witnesses, and | 7 | | subpoenas duces tecum requiring the production of books, | 8 | | papers, records, or memoranda. All subpoenas and subpoenas | 9 | | duces tecum issued under this Act may be served by mail or by | 10 | | any person of legal age. The fees of witnesses for attendance | 11 | | and travel shall be the same as the fees of witnesses before | 12 | | the courts of this State. The fees shall be paid when the | 13 | | witness is excused from further attendance. When the witness is | 14 | | subpoenaed at the instance of the Department, the fees shall be | 15 | | paid in the same manner as other expenses of the Department, | 16 | | and when the witness is subpoenaed at the instance of any other | 17 | | party to any such proceeding, the Department may require that | 18 | | the cost of service of the subpoena or subpoena duces tecum and | 19 | | the fee of the witness be borne by the party at whose instance | 20 | | the witness is summoned. A subpoena or subpoena duces tecum | 21 | | issued pursuant to this Section shall be served in the same | 22 | | manner as a subpoena issued by a circuit court. | 23 | | (e) If, after a hearing or if the employee, or former | 24 | | employee, does not request a hearing, the Department finds that | 25 | | the employee, or former employee, abused a resident, neglected | 26 | | a resident, or misappropriated resident property or makes any |
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| 1 | | other applicable finding as set forth by rule, the finding | 2 | | shall be included as part of the Health Care Worker Registry as | 3 | | well as a clear and accurate summary from the employee, if he | 4 | | or she chooses to make a statement. | 5 | | (f) The Department shall make the following information in | 6 | | the Health Care Worker Registry available to the public: an | 7 | | individual's full name; the date an individual successfully | 8 | | completed a nurse aide training or competency evaluation; and | 9 | | whether the Department has made a finding that an employee, or | 10 | | former employee, has been guilty of abuse or neglect of a | 11 | | resident or misappropriation of resident property or has made | 12 | | any other applicable finding as set forth by rule. In the case | 13 | | of inquiries to the Health Care Worker Registry concerning an | 14 | | employee, or former employee, listed in the Health Care Worker | 15 | | Registry, any information disclosed concerning a finding shall | 16 | | also include disclosure of the employee's, or former | 17 | | employee's, statement in the Health Care Worker Registry | 18 | | relating to the finding or a clear and accurate summary of the | 19 | | statement. | 20 | | (g) The Department shall add to the Health Care Worker | 21 | | Registry records of findings as reported by the Inspector | 22 | | General or remove from the Health Care Worker Registry records | 23 | | of findings as reported by the Department of Human Services, | 24 | | under subsection (s) of Section 1-17 of the Department of Human | 25 | | Services Act. |
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| 1 | | (225 ILCS 46/28 new) | 2 | | Sec. 28. Designation on Registry for offense. | 3 | | (a) The Department, after notice to the employee, or former | 4 | | employee, may denote on the Health Care Worker Registry that | 5 | | the Department has found any of the following: | 6 | | (1) The employee, or former employee, has abused a | 7 | | resident. | 8 | | (2) The employee, or former employee, has neglected a | 9 | | resident. | 10 | | (3) The employee, or former employee, has | 11 | | misappropriated resident property. | 12 | | (4) The employee, or former employee, has been | 13 | | convicted of (i) a felony; (ii) a misdemeanor, an essential | 14 | | element of which is dishonesty; or (iii) any crime that is | 15 | | directly related to the duties of an employee, a nursing | 16 | | assistant, habilitation aide, or child care aide. | 17 | | (b) Notice under this Section shall include a clear and | 18 | | concise statement of the grounds denoting abuse, neglect, | 19 | | theft, or other applicable finding, and notice of the | 20 | | opportunity for a hearing to contest the designation. | 21 | | (c) The Department shall document criminal history records | 22 | | check results pursuant to the requirements of this Act. | 23 | | (d) After the designation of neglect or other applicable | 24 | | finding as set forth by rule, on the Health Care Worker | 25 | | Registry, made pursuant to this Section, an employee, or former | 26 | | employee, may petition the Department for removal of a |
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| 1 | | designation of neglect on the Health Care Worker Registry, | 2 | | after durations set forth within the Department's notice made | 3 | | pursuant to subsections (a) and (b) of this Section. Upon | 4 | | receipt of a petition, the Department may remove the | 5 | | designation for a finding of neglect after no less than one | 6 | | year, or the designation of applicable findings set forth by | 7 | | rule of an employee, or former employee, for minimum durations | 8 | | set forth by the Department, on the Health Care Worker Registry | 9 | | unless the Department determines that removal of designation is | 10 | | not in the public interest. The Department shall set forth by | 11 | | rule the discretionary factors by which designations of | 12 | | employees or former employees may be removed. | 13 | | (225 ILCS 46/33) | 14 | | Sec. 33. Fingerprint-based criminal history records check. | 15 | | (a) A fingerprint-based criminal history records check is | 16 | | not required for health care employees who have been | 17 | | continuously employed by a health care employer since October | 18 | | 1, 2007, have met the requirements for criminal history | 19 | | background checks prior to October 1, 2007, and have no | 20 | | disqualifying convictions or requested and received a waiver of | 21 | | those disqualifying convictions. These employees shall be | 22 | | retained on the Health Care Worker Registry as long as they | 23 | | remain active. Nothing in this subsection (a) shall be | 24 | | construed to prohibit a health care employer from initiating a | 25 | | criminal history records check for these employees. Should |
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| 1 | | these employees seek a new position with a different health | 2 | | care employer, then a fingerprint-based criminal history | 3 | | records check shall be required.
| 4 | | (b) On October 1, 2007 or as soon thereafter as is | 5 | | reasonably practical, in the discretion of the Director of | 6 | | Public Health, and thereafter, any student,
applicant, or | 7 | | employee who desires to be included on the Department of Public | 8 | | Health's Health Care Worker Registry shall must authorize the | 9 | | Department of Public Health or its designee to request a | 10 | | fingerprint-based criminal history records check to determine | 11 | | if the individual has a conviction for a disqualifying offense. | 12 | | This authorization shall allow the Department of Public Health | 13 | | to request and receive information and assistance from any | 14 | | State or local governmental agency. Each individual shall | 15 | | submit his or her fingerprints to the Department of State | 16 | | Police in an electronic format that complies with the form and | 17 | | manner for requesting and furnishing criminal history record | 18 | | information prescribed by the Department of State Police. The | 19 | | fingerprints submitted under this Section shall be checked | 20 | | against the fingerprint records now and hereafter filed in the | 21 | | Department of State Police criminal history record databases. | 22 | | The Department of State Police shall charge a fee for | 23 | | conducting the criminal history records check, which shall not | 24 | | exceed the actual cost of the records check. The livescan | 25 | | vendor may act as the designee for individuals, educational | 26 | | entities, or health care employers in the collection of |
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| 1 | | Department of State Police fees and deposit those fees into the | 2 | | State Police Services Fund. The Department of State Police | 3 | | shall provide information concerning any criminal convictions, | 4 | | now or hereafter filed, against the individual. | 5 | | (c) On October 1, 2007 or as soon thereafter as is | 6 | | reasonably practical, in the discretion of the Director of | 7 | | Public Health, and thereafter, an educational
entity, other | 8 | | than a secondary school, conducting a nurse aide training | 9 | | program shall must initiate a fingerprint-based criminal | 10 | | history records check required by this Act requested by the | 11 | | Department of Public Health prior to entry of an individual | 12 | | into the training program. | 13 | | (d) On October 1, 2007 or as soon thereafter as is | 14 | | reasonably practical, in the discretion of the Director of | 15 | | Public Health, and thereafter, a health care
employer who makes | 16 | | a conditional offer of employment to an applicant for a | 17 | | position as an employee shall must initiate a fingerprint-based | 18 | | criminal history record check, requested by the Department of | 19 | | Public Health, on the applicant, if such a background check has | 20 | | not been previously conducted. | 21 | | (e) When initiating a background check requested by the
| 22 | | Department of Public Health, an educational entity or health | 23 | | care employer shall electronically submit to the Department of | 24 | | Public Health the student's, applicant's, or employee's social | 25 | | security number, demographics, disclosure, and authorization | 26 | | information in a format prescribed by the Department of Public |
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| 1 | | Health within 2 working days after the authorization is | 2 | | secured. The student, applicant, or employee shall must have | 3 | | his or her fingerprints collected electronically and | 4 | | transmitted to the Department of State Police within 10 working | 5 | | days. The educational entity or health care employer shall must | 6 | | transmit all necessary information and fees to the livescan | 7 | | vendor and Department of State Police within 10 working days | 8 | | after receipt of the authorization. This information and the | 9 | | results of the criminal history record checks shall be | 10 | | maintained by the Department of Public Health's Health Care | 11 | | Worker Registry. | 12 | | (f) A direct care employer may initiate a fingerprint-based | 13 | | background check required by this Act requested by the | 14 | | Department of Public Health for any of its employees, but may | 15 | | not use this process to initiate background checks for | 16 | | residents. The results of any fingerprint-based background | 17 | | check that is initiated with the Department as the requester | 18 | | requestor shall be entered in the Health Care Worker Registry. | 19 | | (g) As long as the employee has had a fingerprint-based | 20 | | criminal history record check required by this Act requested by | 21 | | the Department of Public Health and stays active on the Health | 22 | | Care Worker Registry, no further criminal history record checks | 23 | | are required shall be deemed necessary , as the Department of | 24 | | State Police shall notify the Department of Public Health of | 25 | | any additional convictions associated with the fingerprints | 26 | | previously submitted. Health care employers shall are required |
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| 1 | | to check the Health Care Worker Registry before hiring an | 2 | | employee to determine that the individual has had a | 3 | | fingerprint-based record check required by this Act requested | 4 | | by the Department of Public Health and has no disqualifying | 5 | | convictions or has been granted a waiver pursuant to Section 40 | 6 | | of this Act. If the individual has not had such a background | 7 | | check or is not active on the Health Care Worker Registry, then | 8 | | the health care employer shall must initiate a | 9 | | fingerprint-based record check requested by the Department of | 10 | | Public Health. If an individual is inactive on the Health Care | 11 | | Worker Registry, that individual is prohibited from being hired | 12 | | to work as a certified nursing assistant nurse aide if, since | 13 | | the individual's most recent completion of a competency test, | 14 | | there has been a period of 24 consecutive months during which | 15 | | the individual has not provided nursing or nursing-related | 16 | | services for pay. If the individual can provide proof of having | 17 | | retained his or her certification by not having a | 18 | | 24-consecutive-month 24 consecutive month break in service for | 19 | | pay, he or she may be hired as a certified nursing assistant | 20 | | nurse aide and that employment information shall be entered | 21 | | into the Health Care Worker Registry. | 22 | | (h) On October 1, 2007 or as soon thereafter as is | 23 | | reasonably practical, in the discretion of the Director of | 24 | | Public Health, and thereafter, if the Department of State | 25 | | Police notifies the Department of Public Health that an | 26 | | employee has a new conviction of a disqualifying offense, based |
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| 1 | | upon the fingerprints that were previously submitted, then (i) | 2 | | the Health Care Worker Registry shall notify the employee's | 3 | | last known employer of the offense, (ii) a record of the | 4 | | employee's disqualifying offense shall be entered on the Health | 5 | | Care Worker Registry, and (iii) the individual shall no longer | 6 | | be eligible to work as an employee unless he or she obtains a | 7 | | waiver pursuant to Section 40 of this Act. | 8 | | (i) On October 1, 2007, or as soon thereafter, in the | 9 | | discretion of the Director of Public Health, as is reasonably | 10 | | practical, and thereafter, each direct care employer or its | 11 | | designee shall must provide an employment verification for each | 12 | | employee no less than annually. The direct care employer or its | 13 | | designee shall must log into the Health Care Worker Registry | 14 | | through a secure login. The health care employer or its | 15 | | designee shall must indicate employment and termination dates | 16 | | within 30 days after hiring or terminating an employee, as well | 17 | | as the employment category and type. Failure to comply with | 18 | | this subsection (i) constitutes a licensing violation. A For | 19 | | health care employers that are not licensed or certified, a | 20 | | fine of up to $500 may be imposed for failure to maintain these | 21 | | records. This information shall be used by the Department of | 22 | | Public Health to notify the last known employer of any | 23 | | disqualifying offenses that are reported by the Department of | 24 | | State Police.
| 25 | | (j) The Department of Public Health shall notify each
| 26 | | health care employer or long-term care facility inquiring as to |
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| 1 | | the information on the Health Care Worker Registry if the | 2 | | applicant or employee listed on the registry has a | 3 | | disqualifying offense and is therefore ineligible to work. In | 4 | | the event that an applicant or employee has a waiver for one or | 5 | | more disqualifying offenses pursuant to Section 40 of this Act | 6 | | and he or she is otherwise eligible to work, the Health Care | 7 | | Worker Registry Department of Public Health shall indicate | 8 | | report that the applicant or employee is eligible to work and | 9 | | that additional information is available on the Health Care | 10 | | Worker Registry. The Health Care Worker Registry Department may | 11 | | indicate report that the applicant or employee has received a | 12 | | waiver. | 13 | | (k) The student, applicant, or employee shall must be | 14 | | notified
of each of the following whenever a fingerprint-based | 15 | | criminal history records check is required: | 16 | | (1) That the educational entity, health care
employer, | 17 | | or long-term care facility shall initiate a | 18 | | fingerprint-based criminal history record check required | 19 | | by this Act requested by the Department of Public Health of | 20 | | the student, applicant, or employee pursuant to this Act . | 21 | | (2) That the student, applicant, or employee has a
| 22 | | right to obtain a copy of the criminal records report that | 23 | | indicates a conviction for a disqualifying offense and | 24 | | challenge the accuracy and completeness of the report | 25 | | through an established Department of State Police | 26 | | procedure of Access and Review. |
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| 1 | | (3) That the applicant, if hired conditionally, may
be | 2 | | terminated if the criminal records report indicates that | 3 | | the applicant has a record of a conviction of any of the | 4 | | criminal offenses enumerated in Section 25, unless the | 5 | | applicant obtains a waiver pursuant to Section 40 of this | 6 | | Act. | 7 | | (4) That the applicant, if not hired conditionally,
| 8 | | shall not be hired if the criminal records report indicates | 9 | | that the applicant has a record of a conviction of any of | 10 | | the criminal offenses enumerated in Section 25, unless the | 11 | | applicant obtains a waiver pursuant to Section 40 of this | 12 | | Act. | 13 | | (5) That the employee shall be terminated if the
| 14 | | criminal records report indicates that the employee has a | 15 | | record of a conviction of any of the criminal offenses | 16 | | enumerated in Section 25. | 17 | | (6) If, after the employee has originally been | 18 | | determined not to have disqualifying offenses, the | 19 | | employer is notified that the employee has a new | 20 | | conviction(s) of any of the criminal offenses enumerated in | 21 | | Section 25, then the employee shall be terminated. | 22 | | (l) A health care employer or long-term care facility may
| 23 | | conditionally employ an applicant for up to 3 months pending | 24 | | the results of a fingerprint-based criminal history record | 25 | | check requested by the Department of Public Health. | 26 | | (m) The Department of Public Health or an entity
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| 1 | | responsible for inspecting, licensing, certifying, or | 2 | | registering the health care employer or long-term care facility | 3 | | shall be immune from liability for notices given based on the | 4 | | results of a fingerprint-based criminal history record check.
| 5 | | (Source: P.A. 99-872, eff. 1-1-17 .)
| 6 | | (225 ILCS 46/40)
| 7 | | Sec. 40. Waiver.
| 8 | | (a) Any student, applicant, or employee listed on the | 9 | | Health Care Worker Registry may request a waiver of the
| 10 | | prohibition against
employment by:
| 11 | | (1) completing a waiver application on a form | 12 | | prescribed by the Department of Public Health;
| 13 | | (2) providing a written explanation of each conviction | 14 | | to include (i) what happened, (ii) how many years have | 15 | | passed since the offense, (iii) the individuals involved, | 16 | | (iv) the age of the applicant at the time of the offense, | 17 | | and (v) any other circumstances surrounding the offense; | 18 | | and | 19 | | (3) providing official documentation showing that all | 20 | | fines have been paid, if applicable and except for in the | 21 | | instance of payment of court-imposed fines or restitution | 22 | | in which the applicant is adhering to a payment schedule, | 23 | | and the date probation or parole was satisfactorily | 24 | | completed, if applicable.
| 25 | | (b) The applicant may, but is not required to, submit |
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| 1 | | employment and character references and any other evidence | 2 | | demonstrating the ability of the applicant or employee
to | 3 | | perform the employment responsibilities competently and | 4 | | evidence that the
applicant or employee does not pose a threat | 5 | | to the health or safety of
residents, patients, or clients.
| 6 | | (c) The Department of Public Health may, at the discretion | 7 | | of the Director of Public Health, grant a waiver to an | 8 | | applicant, student, or employee listed on the Health Care | 9 | | Worker Registry registry . The Department of Public Health shall
| 10 | | act upon the waiver request within 30 days
of
receipt of all | 11 | | necessary information, as defined by rule. The Department of | 12 | | Public Health shall send an applicant, student, or employee | 13 | | written notification of its decision whether to grant a waiver, | 14 | | including listing the specific disqualifying offenses for | 15 | | which the waiver is being granted or denied. The Department | 16 | | shall issue additional copies of this written notification upon | 17 | | the applicant's, student's, or employee's request.
| 18 | | (d) An individual shall not be employed from the
time that | 19 | | the employer receives a notification from the Department of | 20 | | Public Health based upon the results of a fingerprint-based | 21 | | criminal history records check
containing disqualifying | 22 | | conditions until the time that the individual receives
a | 23 | | waiver.
| 24 | | (e) The entity responsible for inspecting, licensing,
| 25 | | certifying, or
registering the health care employer and the | 26 | | Department of Public Health shall be immune from liability for |
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| 1 | | any
waivers granted under this Section.
| 2 | | (f) A health care employer is not obligated to employ or | 3 | | offer
permanent
employment to an applicant, or to retain an | 4 | | employee who is granted a waiver
under this Section.
| 5 | | (Source: P.A. 99-872, eff. 1-1-17 .)
| 6 | | (225 ILCS 46/75 new) | 7 | | Sec. 75. Rulemaking. The Department shall have the | 8 | | authority to adopt administrative rules and procedures to carry | 9 | | out the purpose of this Act. The provisions of the Illinois | 10 | | Administrative Procedure Act are hereby expressly adopted and | 11 | | shall apply to all administrative rules and procedures of the | 12 | | Department under this Act. | 13 | | Section 50. The Mental Health and Developmental | 14 | | Disabilities Confidentiality Act is amended by changing | 15 | | Section 10 as follows:
| 16 | | (740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
| 17 | | Sec. 10. (a) Except as provided herein, in any civil, | 18 | | criminal,
administrative, or legislative proceeding, or in any | 19 | | proceeding preliminary
thereto, a recipient, and a therapist on | 20 | | behalf and in the interest of a
recipient, has the privilege to | 21 | | refuse to disclose and to prevent the
disclosure of the | 22 | | recipient's record or communications.
| 23 | | (1) Records and communications may be disclosed in a |
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| 1 | | civil, criminal
or administrative proceeding in which the | 2 | | recipient introduces his mental
condition or any aspect of | 3 | | his services received for such condition as an
element of | 4 | | his claim or defense, if and only to the extent the court | 5 | | in
which the proceedings have been brought, or, in the case | 6 | | of an administrative
proceeding, the court to which an | 7 | | appeal or other action for review of an
administrative | 8 | | determination may be taken, finds, after in camera
| 9 | | examination of testimony or other evidence, that it is | 10 | | relevant, probative,
not unduly prejudicial or | 11 | | inflammatory, and otherwise clearly
admissible; that other | 12 | | satisfactory evidence is demonstrably unsatisfactory
as | 13 | | evidence of the facts sought to be established by such | 14 | | evidence; and
that disclosure is more important to the | 15 | | interests of substantial justice
than protection from | 16 | | injury to the therapist-recipient relationship or to
the | 17 | | recipient or other whom disclosure is likely to harm. | 18 | | Except in a criminal
proceeding in which the recipient, who | 19 | | is accused in that proceeding, raises
the defense of | 20 | | insanity, no record or communication between a therapist
| 21 | | and a recipient shall be deemed relevant for purposes of | 22 | | this subsection,
except the fact of treatment, the cost of | 23 | | services and the ultimate
diagnosis unless the party | 24 | | seeking disclosure of the communication clearly
| 25 | | establishes in the trial court a compelling need for its | 26 | | production.
However, for purposes of this Act, in any |
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| 1 | | action brought or defended under
the Illinois Marriage and | 2 | | Dissolution of Marriage Act, or in any action in
which pain | 3 | | and suffering is an element of the claim, mental condition | 4 | | shall
not be deemed to be introduced merely by making such | 5 | | claim and shall be
deemed to be introduced only if the | 6 | | recipient or a witness on his behalf
first testifies | 7 | | concerning the record or communication.
| 8 | | (2) Records or communications may be disclosed in a | 9 | | civil proceeding after
the recipient's death when the | 10 | | recipient's physical or mental condition
has been | 11 | | introduced as an element of a claim or defense by any party | 12 | | claiming
or defending through or as a beneficiary of the | 13 | | recipient, provided the
court finds, after in camera | 14 | | examination of the evidence, that it is relevant,
| 15 | | probative, and otherwise clearly admissible; that other | 16 | | satisfactory evidence
is not available regarding the facts | 17 | | sought to be established by such evidence;
and that | 18 | | disclosure is more important to the interests of | 19 | | substantial justice
than protection from any injury which | 20 | | disclosure is likely to cause.
| 21 | | (3) In the event of a claim made or an action filed by | 22 | | a recipient, or,
following the recipient's death, by any | 23 | | party claiming as a beneficiary
of the recipient for injury | 24 | | caused in the course of providing services to such | 25 | | recipient, the therapist and other persons whose actions
| 26 | | are alleged
to have been the cause of injury may disclose |
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| 1 | | pertinent records and
communications to an attorney or | 2 | | attorneys engaged to render advice about
and to provide | 3 | | representation in connection with such matter and to | 4 | | persons
working under the supervision of such attorney or | 5 | | attorneys, and may
testify as to such records or
| 6 | | communication in any administrative, judicial
or discovery | 7 | | proceeding for the purpose of preparing and presenting a
| 8 | | defense against such claim or action.
| 9 | | (4) Records and communications made to or by a | 10 | | therapist in the course
of examination ordered by a court | 11 | | for good cause shown may, if otherwise
relevant and | 12 | | admissible, be disclosed in a civil, criminal,
or | 13 | | administrative proceeding in which the recipient is a party | 14 | | or in
appropriate pretrial proceedings, provided such | 15 | | court has found that the
recipient has been as adequately | 16 | | and as effectively as possible informed
before submitting | 17 | | to such examination that such records and communications
| 18 | | would not be considered confidential or privileged. Such | 19 | | records and
communications shall be admissible only as to | 20 | | issues involving the
recipient's physical or mental | 21 | | condition and only to the extent that these
are germane to | 22 | | such proceedings.
| 23 | | (5) Records and communications may be disclosed in a | 24 | | proceeding under
the Probate Act of 1975, to determine a | 25 | | recipient's competency or need for
guardianship, provided | 26 | | that the disclosure is made only with respect to that |
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| 1 | | issue.
| 2 | | (6) Records and communications may be disclosed to a | 3 | | court-appointed therapist, psychologist, or psychiatrist | 4 | | for use in determining a person's fitness to stand trial if | 5 | | the records were made within the 180-day period immediately | 6 | | preceding the date of the therapist's, psychologist's or | 7 | | psychiatrist's court appointment. These records and | 8 | | communications shall be admissible only as to the issue of | 9 | | the person's fitness to stand trial. Records and | 10 | | communications may be disclosed when such are made during
| 11 | | treatment which the recipient is ordered to undergo to | 12 | | render him fit to
stand trial on a criminal charge, | 13 | | provided that the disclosure is made only
with respect to | 14 | | the issue of fitness to stand trial.
| 15 | | (7) Records and communications of the recipient may be | 16 | | disclosed in any
civil or administrative proceeding | 17 | | involving the validity of or benefits
under a life, | 18 | | accident, health or disability insurance policy or | 19 | | certificate,
or Health Care Service Plan Contract, | 20 | | insuring the recipient, but only if
and to the extent that | 21 | | the recipient's mental condition, or treatment or
services | 22 | | in connection therewith, is a material element of any claim | 23 | | or
defense of any party, provided that information sought | 24 | | or disclosed shall
not be redisclosed except in connection | 25 | | with the proceeding in which
disclosure is made.
| 26 | | (8) Records or communications may be disclosed when |
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| 1 | | such are relevant
to a matter in issue in any action | 2 | | brought under this Act and proceedings
preliminary | 3 | | thereto, provided that any information so disclosed shall | 4 | | not
be utilized for any other purpose nor be redisclosed | 5 | | except in connection
with such action or preliminary | 6 | | proceedings.
| 7 | | (9) Records and communications of the recipient may be | 8 | | disclosed in
investigations of and trials for homicide when | 9 | | the disclosure relates directly
to the fact or immediate | 10 | | circumstances of the homicide.
| 11 | | (10) Records and communications of a deceased | 12 | | recipient shall be
disclosed to a coroner conducting a | 13 | | preliminary investigation into the
recipient's death under | 14 | | Section 3-3013 of the Counties Code.
| 15 | | (11) Records and communications of a recipient shall be | 16 | | disclosed in a
proceeding
where a petition or motion is | 17 | | filed under the Juvenile Court Act of 1987 and
the | 18 | | recipient is
named as a parent, guardian, or legal | 19 | | custodian of a minor who is the subject
of a petition for | 20 | | wardship as
described in Section
2-3 of that Act or a minor | 21 | | who is the subject of a petition for wardship as
described | 22 | | in Section 2-4 of that
Act alleging the
minor is abused, | 23 | | neglected, or dependent or the recipient is named as a | 24 | | parent
of a child
who is the subject of
a petition, | 25 | | supplemental petition, or motion to appoint a guardian with | 26 | | the
power to consent to
adoption under Section 2-29 of the |
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| 1 | | Juvenile Court Act
of 1987.
| 2 | | (12) Records and communications of a recipient may be
| 3 | | disclosed when disclosure is necessary to collect sums or | 4 | | receive
third party payment representing charges for | 5 | | mental health or
developmental disabilities services | 6 | | provided by a therapist or
agency to a recipient; however, | 7 | | disclosure shall be limited to
information needed to pursue | 8 | | collection, and the information so
disclosed may not be | 9 | | used for any other purposes nor may it be
redisclosed | 10 | | except in connection with collection activities.
Whenever | 11 | | records are disclosed pursuant to this subdivision (12), | 12 | | the
recipient of the records shall be advised in writing | 13 | | that any person who
discloses mental health records and | 14 | | communications in violation of this Act may
be subject to | 15 | | civil liability pursuant to Section 15 of this Act or to | 16 | | criminal
penalties pursuant to Section 16 of this Act or | 17 | | both.
| 18 | | (b) Before a disclosure is made under subsection (a), any | 19 | | party to the
proceeding or any other interested person may | 20 | | request an in camera review
of the record or communications to | 21 | | be disclosed. The court or agency
conducting the proceeding may | 22 | | hold an in camera review on its own motion.
When, contrary to | 23 | | the express wish of the recipient, the therapist asserts
a | 24 | | privilege on behalf and in the interest of a recipient, the | 25 | | court may
require that the therapist, in an in camera hearing, | 26 | | establish that
disclosure is not in the best interest of the |
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| 1 | | recipient. The court or
agency may prevent disclosure or limit | 2 | | disclosure to the extent that other
admissible evidence is | 3 | | sufficient to establish the facts in issue. The
court or agency | 4 | | may enter such orders as may be necessary in order to
protect | 5 | | the confidentiality, privacy, and safety of the recipient or of
| 6 | | other persons. Any order to disclose or to not disclose shall | 7 | | be
considered a final order for purposes of appeal and shall be | 8 | | subject to
interlocutory appeal.
| 9 | | (c) A recipient's records and communications may be | 10 | | disclosed to a
duly authorized committee, commission or | 11 | | subcommittee of the General
Assembly which possesses subpoena | 12 | | and hearing powers, upon a written
request approved by a | 13 | | majority vote of the committee, commission or
subcommittee | 14 | | members. The committee, commission or subcommittee may
request | 15 | | records only for the purposes of investigating or studying
| 16 | | possible violations of recipient rights. The request shall | 17 | | state the
purpose for which disclosure is sought.
| 18 | | The facility shall notify the recipient, or his guardian, | 19 | | and therapist in
writing of any disclosure request under this | 20 | | subsection within 5 business
days after such request. Such | 21 | | notification shall also inform the
recipient, or guardian, and | 22 | | therapist of their right to object to the
disclosure within 10 | 23 | | business days after receipt of the notification and
shall | 24 | | include the name, address and telephone number of the
| 25 | | committee, commission or subcommittee member or staff person | 26 | | with whom an
objection shall be filed. If no objection has been |
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| 1 | | filed within 15
business days after the request for disclosure, | 2 | | the facility shall disclose
the records and communications to | 3 | | the committee, commission or
subcommittee. If an objection has | 4 | | been filed within 15 business days after
the request for | 5 | | disclosure, the facility shall disclose the records and
| 6 | | communications only after the committee, commission or | 7 | | subcommittee has
permitted the recipient, guardian or | 8 | | therapist to present his objection in
person before it and has | 9 | | renewed its request for disclosure by a majority
vote of its | 10 | | members.
| 11 | | Disclosure under this subsection shall not occur until all | 12 | | personally
identifiable data of the recipient and provider are | 13 | | removed from the
records and communications. Disclosure under | 14 | | this subsection shall not
occur in any public proceeding.
| 15 | | (d) No party to any proceeding described under paragraphs | 16 | | (1), (2),
(3), (4), (7), or (8) of subsection (a) of this | 17 | | Section, nor his or
her attorney, shall serve a subpoena | 18 | | seeking to obtain access to records or
communications under | 19 | | this Act unless the subpoena is accompanied by a
written order | 20 | | issued by a judge or by the written consent under Section 5 of | 21 | | this Act of the person whose records are being sought, | 22 | | authorizing the disclosure of the records
or the issuance of | 23 | | the subpoena. No such written order shall be issued without | 24 | | written notice of the motion to the recipient and the treatment | 25 | | provider. Prior to issuance of the order, each party or other | 26 | | person entitled to notice shall be permitted an opportunity to |
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| 1 | | be heard pursuant to subsection (b) of this Section. In the | 2 | | absence of the written consent under Section 5 of this Act of | 3 | | the person whose records are being sought, no person shall | 4 | | comply with a subpoena for
records or communications under this | 5 | | Act, unless the subpoena is
accompanied by a written order | 6 | | authorizing the issuance of the subpoena or
the disclosure of | 7 | | the records. Each subpoena issued by a court or administrative | 8 | | agency or served on any person pursuant to this subsection (d) | 9 | | shall include the following language: "No person shall comply | 10 | | with a subpoena for mental health records or communications | 11 | | pursuant to Section 10 of the Mental Health and Developmental | 12 | | Disabilities Confidentiality Act, 740 ILCS 110/10, unless the | 13 | | subpoena is accompanied by a written order that authorizes the | 14 | | issuance of the subpoena and the disclosure of records or | 15 | | communications or by the written consent under Section 5 of | 16 | | that Act of the person whose records are being sought."
| 17 | | (e) When a person has been transported by a peace officer | 18 | | to a mental
health facility, then upon the request of a peace | 19 | | officer, if the person is
allowed to leave the mental health | 20 | | facility within 48 hours of arrival,
excluding Saturdays, | 21 | | Sundays, and holidays, the facility director shall notify
the | 22 | | local law enforcement authority prior to the release of the | 23 | | person. The
local law enforcement authority may re-disclose the | 24 | | information as necessary to
alert the appropriate enforcement | 25 | | or prosecuting authority.
| 26 | | (f) A recipient's records and communications shall be |
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| 1 | | disclosed to the
Inspector General of the Department of Human | 2 | | Services within 10 business days
of a request by the Inspector | 3 | | General
(i) in the course of an investigation authorized by the | 4 | | Department of Human Services Act and applicable rule or (ii) | 5 | | during the course of an assessment authorized by the Abuse of | 6 | | Adults with Disabilities Intervention Act and applicable rule. | 7 | | The request
shall be
in writing and signed by the Inspector | 8 | | General or his or her designee. The
request shall state the | 9 | | purpose for which disclosure is sought. Any person who
| 10 | | knowingly and willfully refuses to comply with such a request | 11 | | is guilty of a
Class A misdemeanor. A recipient's records and | 12 | | communications shall also be disclosed pursuant to subsection | 13 | | (s) of Section 1-17 of the Department of Human Services Act in | 14 | | testimony at Health Care Worker Registry health care worker | 15 | | registry hearings or preliminary proceedings when such are | 16 | | relevant to the matter in issue, provided that any information | 17 | | so disclosed shall not be utilized for any other purpose nor be | 18 | | redisclosed except in connection with such action or | 19 | | preliminary proceedings.
| 20 | | (Source: P.A. 98-221, eff. 1-1-14; 98-908, eff. 1-1-15; 99-78, | 21 | | eff. 7-20-15.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 20 ILCS 1305/1-17 | | | 4 | | 20 ILCS 1705/7.3 | | | 5 | | 210 ILCS 45/3-206 | from Ch. 111 1/2, par. 4153-206 | | 6 | | 210 ILCS 45/3-206.01 | from Ch. 111 1/2, par. 4153-206.01 | | 7 | | 210 ILCS 45/3-206.02 rep. | | | 8 | | 210 ILCS 46/3-206 | | | 9 | | 210 ILCS 46/3-206.01 | | | 10 | | 210 ILCS 46/3-206.02 rep. | | | 11 | | 210 ILCS 47/3-206 | | | 12 | | 210 ILCS 47/3-206.01 | | | 13 | | 210 ILCS 47/3-206.02 rep. | | | 14 | | 225 ILCS 46/15 | | | 15 | | 225 ILCS 46/25 | | | 16 | | 225 ILCS 46/26 new | | | 17 | | 225 ILCS 46/27 new | | | 18 | | 225 ILCS 46/28 new | | | 19 | | 225 ILCS 46/33 | | | 20 | | 225 ILCS 46/40 | | | 21 | | 225 ILCS 46/75 new | | | 22 | | 740 ILCS 110/10 | from Ch. 91 1/2, par. 810 |
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