Full Text of HB3061 101st General Assembly
HB3061 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3061 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: |
| 225 ILCS 46/33 | | 225 ILCS 46/40 | |
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Amends the Health Care Worker Background Check Act. Provides that an individual otherwise qualified for and intending to apply for a direct care position who has a disqualifying conviction may initiate a fingerprint-based criminal history record check where a conditional offer of employment has not been made and such a background check has not been previously conducted, and allows those individuals to request a waiver of the prohibition of employment. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Health Care Worker Background Check Act is | 5 | | amended by changing Sections 33 and 40 as follows: | 6 | | (225 ILCS 46/33) | 7 | | Sec. 33. Fingerprint-based criminal history records check. | 8 | | (a) A fingerprint-based criminal history records check is | 9 | | not required for health care employees who have been | 10 | | continuously employed by a health care employer since October | 11 | | 1, 2007, have met the requirements for criminal history | 12 | | background checks prior to October 1, 2007, and have no | 13 | | disqualifying convictions or requested and received a waiver of | 14 | | those disqualifying convictions. These employees shall be | 15 | | retained on the Health Care Worker Registry as long as they | 16 | | remain active. Nothing in this subsection (a) shall be | 17 | | construed to prohibit a health care employer from initiating a | 18 | | criminal history records check for these employees. Should | 19 | | these employees seek a new position with a different health | 20 | | care employer, then a fingerprint-based criminal history | 21 | | records check shall be required.
| 22 | | (b) On October 1, 2007 or as soon thereafter as is | 23 | | reasonably practical, in the discretion of the Director of |
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| 1 | | Public Health, and thereafter, any student,
applicant, or | 2 | | employee who desires to be included on the Department of Public | 3 | | Health's Health Care Worker Registry shall authorize the | 4 | | Department of Public Health or its designee to request a | 5 | | fingerprint-based criminal history records check to determine | 6 | | if the individual has a conviction for a disqualifying offense. | 7 | | This authorization shall allow the Department of Public Health | 8 | | to request and receive information and assistance from any | 9 | | State or governmental agency. Each individual shall submit his | 10 | | or her fingerprints to the Department of State Police in an | 11 | | electronic format that complies with the form and manner for | 12 | | requesting and furnishing criminal history record information | 13 | | prescribed by the Department of State Police. The fingerprints | 14 | | submitted under this Section shall be checked against the | 15 | | fingerprint records now and hereafter filed in the Department | 16 | | of State Police criminal history record databases. The | 17 | | Department of State Police shall charge a fee for conducting | 18 | | the criminal history records check, which shall not exceed the | 19 | | actual cost of the records check. The livescan vendor may act | 20 | | as the designee for individuals, educational entities, or | 21 | | health care employers in the collection of Department of State | 22 | | Police fees and deposit those fees into the State Police | 23 | | Services Fund. The Department of State Police shall provide | 24 | | information concerning any criminal convictions, now or | 25 | | hereafter filed, against the individual. | 26 | | (c) On October 1, 2007 or as soon thereafter as is |
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| 1 | | reasonably practical, in the discretion of the Director of | 2 | | Public Health, and thereafter, an educational
entity, other | 3 | | than a secondary school, conducting a nurse aide training | 4 | | program shall initiate a fingerprint-based criminal history | 5 | | records check required by this Act prior to entry of an | 6 | | individual into the training program. | 7 | | (d) On October 1, 2007 or as soon thereafter as is | 8 | | reasonably practical, in the discretion of the Director of | 9 | | Public Health, and thereafter, a health care
employer who makes | 10 | | a conditional offer of employment to an applicant for a | 11 | | position as an employee shall initiate a fingerprint-based | 12 | | criminal history record check, requested by the Department of | 13 | | Public Health, on the applicant, if such a background check has | 14 | | not been previously conducted. An individual otherwise | 15 | | qualified for and intending to apply for a direct care position | 16 | | who has a disqualifying conviction may also initiate a | 17 | | fingerprint-based criminal history record check where a | 18 | | conditional offer of employment has not been made and such a | 19 | | background check has not been previously conducted. | 20 | | (e) When initiating a background check requested by the
| 21 | | Department of Public Health, an educational entity or health | 22 | | care employer shall electronically submit to the Department of | 23 | | Public Health the student's, applicant's, or employee's social | 24 | | security number, demographics, disclosure, and authorization | 25 | | information in a format prescribed by the Department of Public | 26 | | Health within 2 working days after the authorization is |
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| 1 | | secured. The student, applicant, or employee shall have his or | 2 | | her fingerprints collected electronically and transmitted to | 3 | | the Department of State Police within 10 working days. The | 4 | | educational entity or health care employer shall transmit all | 5 | | necessary information and fees to the livescan vendor and | 6 | | Department of State Police within 10 working days after receipt | 7 | | of the authorization. This information and the results of the | 8 | | criminal history record checks shall be maintained by the | 9 | | Department of Public Health's Health Care Worker Registry. | 10 | | (f) A direct care employer may initiate a fingerprint-based | 11 | | background check required by this Act for any of its employees, | 12 | | but may not use this process to initiate background checks for | 13 | | residents. The results of any fingerprint-based background | 14 | | check that is initiated with the Department as the requester | 15 | | shall be entered in the Health Care Worker Registry. | 16 | | (g) As long as the employee has had a fingerprint-based | 17 | | criminal history record check required by this Act and stays | 18 | | active on the Health Care Worker Registry, no further criminal | 19 | | history record checks are required, as the Department of State | 20 | | Police shall notify the Department of Public Health of any | 21 | | additional convictions associated with the fingerprints | 22 | | previously submitted. Health care employers shall check the | 23 | | Health Care Worker Registry before hiring an employee to | 24 | | determine that the individual has had a fingerprint-based | 25 | | record check required by this Act and has no disqualifying | 26 | | convictions or has been granted a waiver pursuant to Section 40 |
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| 1 | | of this Act. If the individual has not had such a background | 2 | | check or is not active on the Health Care Worker Registry, then | 3 | | the health care employer shall initiate a fingerprint-based | 4 | | record check requested by the Department of Public Health. If | 5 | | an individual is inactive on the Health Care Worker Registry, | 6 | | that individual is prohibited from being hired to work as a | 7 | | certified nursing assistant if, since the individual's most | 8 | | recent completion of a competency test, there has been a period | 9 | | of 24 consecutive months during which the individual has not | 10 | | provided nursing or nursing-related services for pay. If the | 11 | | individual can provide proof of having retained his or her | 12 | | certification by not having a 24-consecutive-month break in | 13 | | service for pay, he or she may be hired as a certified nursing | 14 | | assistant and that employment information shall be entered into | 15 | | the Health Care Worker Registry. | 16 | | (h) On October 1, 2007 or as soon thereafter as is | 17 | | reasonably practical, in the discretion of the Director of | 18 | | Public Health, and thereafter, if the Department of State | 19 | | Police notifies the Department of Public Health that an | 20 | | employee has a new conviction of a disqualifying offense, based | 21 | | upon the fingerprints that were previously submitted, then (i) | 22 | | the Health Care Worker Registry shall notify the employee's | 23 | | last known employer of the offense, (ii) a record of the | 24 | | employee's disqualifying offense shall be entered on the Health | 25 | | Care Worker Registry, and (iii) the individual shall no longer | 26 | | be eligible to work as an employee unless he or she obtains a |
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| 1 | | waiver pursuant to Section 40 of this Act. | 2 | | (i) On October 1, 2007, or as soon thereafter, in the | 3 | | discretion of the Director of Public Health, as is reasonably | 4 | | practical, and thereafter, each direct care employer or its | 5 | | designee shall provide an employment verification for each | 6 | | employee no less than annually. The direct care employer or its | 7 | | designee shall log into the Health Care Worker Registry through | 8 | | a secure login. The health care employer or its designee shall | 9 | | indicate employment and termination dates within 30 days after | 10 | | hiring or terminating an employee, as well as the employment | 11 | | category and type. Failure to comply with this subsection (i) | 12 | | constitutes a licensing violation. A fine of up to $500 may be | 13 | | imposed for failure to maintain these records. This information | 14 | | shall be used by the Department of Public Health to notify the | 15 | | last known employer of any disqualifying offenses that are | 16 | | reported by the Department of State Police.
| 17 | | (j) In the event that an applicant or employee has a waiver | 18 | | for one or more disqualifying offenses pursuant to Section 40 | 19 | | of this Act and he or she is otherwise eligible to work, the | 20 | | Health Care Worker Registry shall indicate that the applicant | 21 | | or employee is eligible to work and that additional information | 22 | | is available on the Health Care Worker Registry. The Health | 23 | | Care Worker Registry may indicate that the applicant or | 24 | | employee has received a waiver. | 25 | | (k) The student, applicant, or employee shall be notified
| 26 | | of each of the following whenever a fingerprint-based criminal |
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| 1 | | history records check is required: | 2 | | (1) That the educational entity, health care
employer, | 3 | | or long-term care facility shall initiate a | 4 | | fingerprint-based criminal history record check required | 5 | | by this Act of the student, applicant, or employee. | 6 | | (2) That the student, applicant, or employee has a
| 7 | | right to obtain a copy of the criminal records report that | 8 | | indicates a conviction for a disqualifying offense and | 9 | | challenge the accuracy and completeness of the report | 10 | | through an established Department of State Police | 11 | | procedure of Access and Review. | 12 | | (3) That the applicant, if hired conditionally, may
be | 13 | | terminated if the criminal records report indicates that | 14 | | the applicant has a record of a conviction of any of the | 15 | | criminal offenses enumerated in Section 25, unless the | 16 | | applicant obtains a waiver pursuant to Section 40 of this | 17 | | Act. | 18 | | (4) That the applicant, if not hired conditionally,
| 19 | | shall not be hired if the criminal records report indicates | 20 | | that the applicant has a record of a conviction of any of | 21 | | the criminal offenses enumerated in Section 25, unless the | 22 | | applicant obtains a waiver pursuant to Section 40 of this | 23 | | Act. | 24 | | (5) That the employee shall be terminated if the
| 25 | | criminal records report indicates that the employee has a | 26 | | record of a conviction of any of the criminal offenses |
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| 1 | | enumerated in Section 25. | 2 | | (6) If, after the employee has originally been | 3 | | determined not to have disqualifying offenses, the | 4 | | employer is notified that the employee has a new | 5 | | conviction(s) of any of the criminal offenses enumerated in | 6 | | Section 25, then the employee shall be terminated. | 7 | | (l) A health care employer or long-term care facility may
| 8 | | conditionally employ an applicant for up to 3 months pending | 9 | | the results of a fingerprint-based criminal history record | 10 | | check requested by the Department of Public Health. | 11 | | (m) The Department of Public Health or an entity
| 12 | | responsible for inspecting, licensing, certifying, or | 13 | | registering the health care employer or long-term care facility | 14 | | shall be immune from liability for notices given based on the | 15 | | results of a fingerprint-based criminal history record check.
| 16 | | (Source: P.A. 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.)
| 17 | | (225 ILCS 46/40)
| 18 | | Sec. 40. Waiver.
| 19 | | (a) Any student, applicant, individual otherwise qualified | 20 | | for and intending to apply for a direct care position, or | 21 | | employee listed on the Health Care Worker Registry may request | 22 | | a waiver of the
prohibition against
employment by:
| 23 | | (1) completing a waiver application on a form | 24 | | prescribed by the Department of Public Health;
| 25 | | (2) providing a written explanation of each conviction |
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| 1 | | to include (i) what happened, (ii) how many years have | 2 | | passed since the offense, (iii) the individuals involved, | 3 | | (iv) the age of the applicant at the time of the offense, | 4 | | and (v) any other circumstances surrounding the offense; | 5 | | and | 6 | | (3) providing official documentation showing that all | 7 | | fines have been paid, if applicable and except for in the | 8 | | instance of payment of court-imposed fines or restitution | 9 | | in which the applicant is adhering to a payment schedule, | 10 | | and the date probation or parole was satisfactorily | 11 | | completed, if applicable.
| 12 | | (b) The applicant may, but is not required to, submit | 13 | | employment and character references and any other evidence | 14 | | demonstrating the ability of the applicant or employee
to | 15 | | perform the employment responsibilities competently and | 16 | | evidence that the
applicant or employee does not pose a threat | 17 | | to the health or safety of
residents, patients, or clients.
| 18 | | (c) The Department of Public Health may, at the discretion | 19 | | of the Director of Public Health, grant a waiver to an | 20 | | applicant, student, or employee listed on the Health Care | 21 | | Worker Registry. The Department of Public Health shall
act upon | 22 | | the waiver request within 30 days
of
receipt of all necessary | 23 | | information, as defined by rule. The Department of Public | 24 | | Health shall send an applicant, student, or employee written | 25 | | notification of its decision whether to grant a waiver, | 26 | | including listing the specific disqualifying offenses for |
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| 1 | | which the waiver is being granted or denied. The Department | 2 | | shall issue additional copies of this written notification upon | 3 | | the applicant's, student's, or employee's request.
| 4 | | (d) An individual shall not be employed from the
time that | 5 | | the employer receives a notification from the Department of | 6 | | Public Health based upon the results of a fingerprint-based | 7 | | criminal history records check
containing disqualifying | 8 | | conditions until the time that the individual receives
a | 9 | | waiver.
| 10 | | (e) The entity responsible for inspecting, licensing,
| 11 | | certifying, or
registering the health care employer and the | 12 | | Department of Public Health shall be immune from liability for | 13 | | any
waivers granted under this Section.
| 14 | | (f) A health care employer is not obligated to employ or | 15 | | offer
permanent
employment to an applicant, or to retain an | 16 | | employee who is granted a waiver
under this Section.
| 17 | | (Source: P.A. 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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