HB3583ham001 103RD GENERAL ASSEMBLY

Rep. Tom Weber

Filed: 3/9/2023

10300HB3583ham001 LRB103 30047 SPS 58193 a

AMENDMENT TO HOUSE BILL 3583

AMENDMENT NO. ______. Amend House Bill 3583 by replacing everything after the enacting clause with the following:

"Section 5. The Health Care Worker Background Check Act is amended by changing Sections 10, 15, and 25 as follows:

(225 ILCS 46/10)

Sec. 10. Applicability.

(a) This Act applies to all individuals employed or retained by a health care employer as home health care aides, nurse aides, personal care assistants, private duty nurse aides, day training personnel, or an individual working in any similar health-related occupation where he or she provides direct care or has access to long-term care residents or the living quarters or financial, medical, or personal records of long-term care residents. This Act also applies to all employees of licensed or certified long-term care facilities who have or may have contact with residents or access to the living quarters or the financial, medical, or personal records of residents.

(b) This Act applies to persons licensed, certified, or registered by the Department of Financial and Professional Regulation under the Medical Practice Act of 1987, the Nurse Practice Act, the Illinois Dental Practice Act, the Massage Licensing Act, the Illinois Optometric Practice Act of 1987, the Orthotics, Prosthetics, and Pedorthics Practice Act, the Illinois Physical Therapy Act, the Physician Assistant Practice Act of 1987, the Podiatric Medical Practice Act of 1987, the Respiratory Care Practice Act, the Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act, the Acupuncture Practice Act, and the Illinois Athletic Trainers Practice Act and estheticians and esthetics teachers licensed under the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985.

(Source: P.A. 94-665, eff. 1-1-06.)

(225 ILCS 46/15)

Sec. 15. Definitions. In this Act:

"Applicant" means an individual enrolling in a training program, seeking employment, whether paid or on a volunteer basis, with a health care employer who has received a bona fide conditional offer of employment.

"Conditional offer of employment" means a bona fide offer of employment by a health care employer to an applicant, which is contingent upon the receipt of a report from the Department of Public Health indicating that the applicant does not have a record of conviction of any of the criminal offenses enumerated in Section 25.

"Department" means the Department of Public Health or the Department of Financial and Professional Regulation with regard to persons licensed, certified, or registered by the Department of Professional Regulation under any of the Acts specified in subsection (b) of Section 10.

"Direct care" means the provision of nursing care or assistance with feeding, dressing, movement, bathing, toileting, or other personal needs, including home services as defined in the Home Health, Home Services, and Home Nursing Agency Licensing Act. The entity responsible for inspecting and licensing, certifying, or registering the health care employer may, by administrative rule, prescribe guidelines for interpreting this definition with regard to the health care employers that it licenses.

"Director" means the Director of Public Health.

"Disqualifying offenses" means those offenses set forth in Section 25 of this Act.

"Employee" means any individual hired, employed, or retained, whether paid or on a volunteer basis, to which this Act applies.

"Finding" means the Department's determination of whether an allegation is verified and substantiated.

"Fingerprint-based criminal history records check" means a livescan fingerprint-based criminal history records check submitted as a fee applicant inquiry in the form and manner prescribed by the Illinois State Police.

"Health care employer" means:

(1) the owner or licensee of any of the following:

(i) a community living facility, as defined in the Community Living Facilities Licensing Act;

(ii) a life care facility, as defined in the Life Care Facilities Act;

(iii) a long-term care facility;

(iv) a home health agency, home services agency, or home nursing agency as defined in the Home Health, Home Services, and Home Nursing Agency Licensing Act;

(v) a hospice care program or volunteer hospice program, as defined in the Hospice Program Licensing Act;

(vi) a hospital, as defined in the Hospital Licensing Act;

(vii) (blank);

(viii) a nurse agency, as defined in the Nurse Agency Licensing Act;

(ix) a respite care provider, as defined in the Respite Program Act;

(ix-a) an establishment licensed under the Assisted Living and Shared Housing Act;

(x) a supportive living program, as defined in the Illinois Public Aid Code;

(xi) early childhood intervention programs as described in 59 Ill. Adm. Code 121;

(xii) the University of Illinois Hospital, Chicago;

(xiii) programs funded by the Department on Aging through the Community Care Program;

(xiv) programs certified to participate in the Supportive Living Program authorized pursuant to Section 5-5.01a of the Illinois Public Aid Code;

(xv) programs listed by the Emergency Medical Services (EMS) Systems Act as Freestanding Emergency Centers;

(xvi) locations licensed under the Alternative Health Care Delivery Act;

(2) a day training program certified by the Department of Human Services;

(3) a community integrated living arrangement operated by a community mental health and developmental service agency, as defined in the Community-Integrated Living Arrangements Licensure and Certification Act;

(4) the State Long Term Care Ombudsman Program, including any regional long term care ombudsman programs under Section 4.04 of the Illinois Act on the Aging, only for the purpose of securing background checks; or

(5) the Department of Corrections or a third-party vendor employing certified nursing assistants working with the Department of Corrections.

"Initiate" means obtaining from a student, applicant, or employee his or her social security number, demographics, a disclosure statement, and an authorization for the Department of Public Health or its designee to request a fingerprint-based criminal history records check; transmitting this information electronically to the Department of Public Health; conducting Internet searches on certain web sites, including without limitation the Illinois Sex Offender Registry, the Department of Corrections' Sex Offender Search Engine, the Department of Corrections' Inmate Search Engine, the Department of Corrections Wanted Fugitives Search Engine, the National Sex Offender Public Registry, and the List of Excluded Individuals and Entities database on the website of the Health and Human Services Office of Inspector General to determine if the applicant has been adjudicated a sex offender, has been a prison inmate, or has committed Medicare or Medicaid fraud, or conducting similar searches as defined by rule; and having the student, applicant, or employee's fingerprints collected and transmitted electronically to the Illinois State Police.

"Livescan vendor" means an entity whose equipment has been certified by the Illinois State Police to collect an individual's demographics and inkless fingerprints and, in a manner prescribed by the Illinois State Police and the Department of Public Health, electronically transmit the fingerprints and required data to the Illinois State Police and a daily file of required data to the Department of Public Health. The Department of Public Health shall negotiate a contract with one or more vendors that effectively demonstrate that the vendor has 2 or more years of experience transmitting fingerprints electronically to the Illinois State Police and that the vendor can successfully transmit the required data in a manner prescribed by the Department of Public Health. Vendor authorization may be further defined by administrative rule.

"Long-term care facility" means a facility licensed by the State or certified under federal law as a long-term care facility, including without limitation facilities licensed under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act, a supportive living facility, an assisted living establishment, or a shared housing establishment or registered as a board and care home.

"Resident" means a person, individual, or patient under the direct care of a health care employer or who has been provided goods or services by a health care employer.

(Source: P.A. 101-176, eff. 7-31-19; 102-226, eff. 7-30-21; 102-503, eff. 8-20-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

(225 ILCS 46/25)

Sec. 25. Hiring of people with criminal records by health care employers and long-term care facilities.

(a) A health care employer or long-term care facility may hire, employ, or retain any individual in a position involving direct care for clients, patients, or residents, or access to the living quarters or the financial, medical, or personal records of clients, patients, or residents who has been convicted of committing or attempting to commit one or more of the following offenses only with a waiver described in Section 40: those defined in Sections 8-1(b), 8-1.1, 8-1.2, 9-1, 9-1.2, 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, 10-3.1, 10-4, 10-5, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1, 11-9.2, 11-9.3, 11-9.4-1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, 12-2, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-19, 12-20.5, 12-21, 12-21.5, 12-21.6, 12-32, 12-33, 12C-5, 12C-10, 16-1, 16-1.3, 16-25, 16A-3, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 19-6, 20-1, 20-1.1, 24-1, 24-1.2, 24-1.5, 24-1.8, 24-3.8, or 33A-2, or subdivision (a)(4) of Section 11-14.4, or in subsection (a) of Section 12-3 or subsection (a) or (b) of Section 12-4.4a, of the Criminal Code of 1961 or the Criminal Code of 2012; those provided in Section 4 of the Wrongs to Children Act; those provided in Section 53 of the Criminal Jurisprudence Act; those defined in subsection (c), (d), (e), (f), or (g) of Section 5 or Section 5.1, 5.2, 7, or 9 of the Cannabis Control Act; those defined in the Methamphetamine Control and Community Protection Act; those defined in Sections 401, 401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois Controlled Substances Act; or subsection (a) of Section 3.01, Section 3.02, or Section 3.03 of the Humane Care for Animals Act.

(a-1) A health care employer or long-term care facility may hire, employ, or retain any individual in a position involving direct care for clients, patients, or residents, or access to the living quarters or the financial, medical, or personal records of clients, patients, or residents who has been convicted of committing or attempting to commit one or more of the following offenses only with a waiver described in Section 40: those offenses defined in Section 12-3.3, 12-4.2-5, 16-2, 16-30, 16G-15, 16G-20, 17-33, 17-34, 17-36, 17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 24-3.2, or 24-3.3, or subsection (b) of Section 17-32, subsection (b) of Section 18-1, or subsection (b) of Section 20-1, of the Criminal Code of 1961 or the Criminal Code of 2012; Section 4, 5, 6, 8, or 17.02 of the Illinois Credit Card and Debit Card Act; or Section 11-9.1A of the Criminal Code of 1961 or the Criminal Code of 2012 or Section 5.1 of the Wrongs to Children Act; or (ii) violated Section 50-50 of the Nurse Practice Act.

A health care employer is not required to retain an individual in a position with duties involving direct care for clients, patients, or residents, and no long-term care facility is required to retain an individual in a position with duties that involve or may involve contact with residents or access to the living quarters or the financial, medical, or personal records of residents, who has been convicted of committing or attempting to commit one or more of the offenses enumerated in this subsection.

(a-5) A felony conviction of any of the following offenses is a disqualifying offense and requires immediate review of the license, registration, or certification under the relevant Acts for the professions identified in subsection (b) of Section 10:

(1) first degree murder, under Section 9-1 of the Criminal Code of 2012;

(2) second degree murder, under Section 9-2 of the Criminal Code of 2012;

(3) predatory criminal sexual assault of a child, under Section 11-1.40 of the Criminal Code of 2012;

(4) aggravated criminal sexual assault, under Section 11-1.30 of the Criminal Code of 2012;

(5) criminal sexual assault; under Section 11-1.20 of the Criminal Code of 2012;

(6) aggravated kidnaping, under Section 10-2 of the Criminal Code of 2012;

(7) kidnapping, under Section 10-1 of the Criminal Code of 2012;

(8) aggravated battery resulting in great bodily harm or permanent disability or disfigurement, under subsection (a) of Section 12-3.05 of the Criminal Code of 2012;

(9) solicitation of murder, under subsection (b) of Section 8-1 of the Criminal Code of 2012;

(10) solicitation of murder for hire, under Section 8-1.2 of the Criminal code of 2012;

(11) intentional homicide of an unborn child, under Section 9-1.2 of the Criminal Code of 2012;

(12) voluntary manslaughter of an unborn child, under Section 9-2.1 of the Criminal Code of 2012;

(13) concealment of homicidal death, if committed in the pursuance of job duties, under Section 9-3.4 of the Criminal Code of 2012;

(14) concealment of death, if committed in the pursuance of job duties, under Section 9-3.5 of the Criminal Code of 2012;

(15) aggravated unlawful restraint, under Section 10-3.1 of the Criminal Code of 2012;

(16) forcible detention, under Section 10-4 of the Criminal Code of 2012;

(17) child abduction, under Section 10-5 of the Criminal Code of 2012;

(18) luring of a minor, under Section 10-5.1 of the Criminal Code of 2012;

(19) aiding or abetting child abduction, under Section 10-7 of the Criminal Code of 2012;

(20) trafficking in person, involuntary servitude, and related offenses, under Section 10-9 of the Criminal Code of 2012;

(21) failure to report the death or disappearance of a child under 13 years of age, if committed in the pursuance of job duties, under Section 10-10 of the Criminal Code of 2012;

(22) aggravated criminal sexual abuse, under Section 11-1.60 of the Criminal Code of 2012;

(23) indecent solicitation of a child, under Section 11-6 of the Criminal Code of 2012;

(24) solicitation to meet a child, under Section 11-6.6 of the Criminal Code of 2012;

(25) sexual exploitation of a child, under Section 11-9.1 of the Criminal Code of 2012;

(26) permitting sexual abuse of a child, under Section 11-9.1A of the Criminal Code of 2012;

(27) failure to report sexual abuse of a child, if committed in pursuance of job duties, under Section 11-9.1B of the Criminal Code of 2012;

(28) custodial sexual misconduct, under Section 11-9.2 of the Criminal Code of 2012;

(29) sexual misconduct with a person with a disability, under Section 11-9.5 of the Criminal Code of 2012;

(30) promoting juvenile prostitution, under Section 11-14.4 of the Criminal Code of 2012;

(31) patronizing a minor engaged in prostitution, under Section 11-18.1 of the Criminal Code of 2012;

(32) child pornography, under Section 11-20.1 of the Criminal Code of 2012;

(33) distributing harmful material to a minor, under Section 11-21 of the Criminal Code of 2012;

(34) non-consensual dissemination of private sexual images, under Section 11-23.5 of the Criminal Code of 2012;

(35) grooming, under Section 11-25 of the Criminal Code of 2012;

(36) traveling to meet a child, under Section 11-26 of the Criminal Code of 2012;

(37) aggravated assault, under Section 12-2 of the Criminal Code of 2012;

(38) aggravated battery, under Section 12-3.05 of the Criminal Code of 2012;

(39) aggravated battery of an unborn child, under Section 12-3.1 of the Criminal Code of 2012;

(40) aggravated domestic battery, under Section 12-3.3 of the Criminal Code of 2012;

(41) criminal abuse or neglect of a long term care facility resident, under paragraph (2) of subsection (a) of Section 12-4.4a of the Criminal Code of 2012;

(42) aggravated intimidation, under Section 12-6.2 of the Criminal Code of 2012;

(43) compelling confession or information by force or threat, under Section 12-7 of the Criminal Code of 2012;

(44) educational intimidation, under Section 12-7.2 of the Criminal Code of 2012;

(45) aggravated stalking, under Section 12-7.4 of the Criminal Code of 2012;

(46) tongue splitting, under Section 12-10.2 of the Criminal Code of 2012;

(47) sale of body parts, under Section 12-10 of the Criminal Code of 2012;

(48) dismembering of a human body, under Section 12-20.5 of the Criminal Code of 2012;

(49) abuse of a corpse, under Section 12-20.6 of the Criminal Code of 2012;

(50) ritual mutilation, under Section 12-32 of the Criminal Code of 2012;

(51) ritualized abuse of child, under Section 12-33 of the Criminal Code of 2012;

(52) female genital mutilation, under Section 12-34 of the Criminal Code of 2012;

(53) inducement to commit suicide, under Section 12-34.5 of the Criminal Code of 2012;

(54) organized retail crime; under paragraphs (1) and (2) of subsection (a) of Section 16-25.2 of the Criminal Code of 2012;

(55) financial exploitation of an elderly person or a person with a disability by intimidation, under Section 16-1.3 of the Criminal Code of 2012;

(56) aggravated robbery, under subsection (b) of Section 18-1 of the Criminal Code of 2012;

(57) armed robbery, under Section 18-2 of the Criminal Code of 2012;

(58) aggravated vehicular hijacking, under Section 18-4 of the Criminal Code of 2012;

(59) vehicular invasion, under Section 18-6 of the Criminal Code of 2012;

(60) burglary, under Section 19-1 of the Criminal Code of 2012;

(61) aggravated arson, under Section 20-1.1 of the Criminal Code of 2012;

(62) aggravated unlawful use of a weapon, under Section 24-1.6 of the Criminal Code of 2012;

(63) unlawful manufacture or delivery of nitrous oxide, under Section 24.5-10 of the Criminal Code of 2012;

(64) mob action, under paragraphs (1) and (3) of subsection (a) of Section 25-1 of the Criminal Code of 2012;

(65) terrorism, under Section 29D-14.9 of the Criminal Code of 2012;

(66) causing a catastrophe, under Section 29D-15.1 of the Criminal Code of 2012;

(67) treason, under Section 30-1 of the Criminal Code of 2012;

(68) perjury, under Section 32-2 of the Criminal Code of 2012;

(69) subordination of perjury, under Section 32-3 of the Criminal Code of 2012;

(70) armed violence, under Section 33A-2 of the Criminal Code of 2012;

(71) solicitation of any of the offenses specified in this subsection, under subsection (a) of Section 801 of the Criminal Code of 2012;

(72) conspiracy to commit any of the offenses specified in this subsection, under Section 802 of the Criminal Code of 2012;

(73) attempt to commit any of the offenses specified in this subsection, under Section 8-4 of the Criminal Code of 2012; or

(74) any felony not listed for which an offense specified in this subsection is a lesser included offense.

This subsection applies after the effective date of this amendatory Act of the 103rd General Assembly to all initial applications for licensure, certification, or registration with the Department of Financial and Professional Regulation under the Acts specified in subsection (b) of Section 10. For every licensure, certification, or registration renewal under the Acts specified in subsection (b) of Section 10, the Department of Financial and Professional Regulation shall conduct a review of the applicant's criminal background to determine whether the applicant committed an offense specified in this subsection after the effective date of this amendatory Act of the 103rd General Assembly.

(b) A health care employer shall not hire, employ, or retain, whether paid or on a volunteer basis, any individual in a position with duties involving direct care of clients, patients, or residents, and no long-term care facility shall knowingly hire, employ, or retain, whether paid or on a volunteer basis, any individual in a position with duties that involve or may involve contact with residents or access to the living quarters or the financial, medical, or personal records of residents, if the health care employer becomes aware that the individual has been convicted in another state of committing or attempting to commit an offense that has the same or similar elements as an offense listed in subsection (a), or (a-1), or (a-5), as verified by court records, records from a state agency, or an FBI criminal history record check, unless the applicant or employee obtains a waiver pursuant to Section 40 of this Act. This shall not be construed to mean that a health care employer has an obligation to conduct a criminal history records check in other states in which an employee has resided.

(c) A health care employer shall not hire, employ, or retain, whether paid or on a volunteer basis, any individual in a position with duties involving direct care of clients, patients, or residents, who has a finding by the Department of abuse, neglect, misappropriation of property, or theft denoted on the Health Care Worker Registry.

(d) A health care employer shall not hire, employ, or retain, whether paid or on a volunteer basis, any individual in a position with duties involving direct care of clients, patients, or residents if the individual has a verified and substantiated finding of abuse, neglect, or financial exploitation, as identified within the Adult Protective Service Registry established under Section 7.5 of the Adult Protective Services Act.

(e) A health care employer shall not hire, employ, or retain, whether paid or on a volunteer basis, any individual in a position with duties involving direct care of clients, patients, or residents who has a finding by the Department of Human Services of physical or sexual abuse, financial exploitation, or egregious neglect of an individual denoted on the Health Care Worker Registry.

(Source: P.A. 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.)

Section 10. The Rights of Crime Victims and Witnesses Act is amended by changing Section 4 as follows:

(725 ILCS 120/4) (from Ch. 38, par. 1404)

Sec. 4. Rights of crime victims.

(a) Crime victims shall have the following rights:

(1) The right to be treated with fairness and respect for their dignity and privacy and to be free from harassment, intimidation, and abuse throughout the criminal justice process.

(1.5) The right to notice and to a hearing before a court ruling on a request for access to any of the victim's records, information, or communications which are privileged or confidential by law.

(2) The right to timely notification of all court proceedings.

(3) The right to communicate with the prosecution.

(4) The right to be heard at any post-arraignment court proceeding in which a right of the victim is at issue and any court proceeding involving a post-arraignment release decision, plea, or sentencing.

(5) The right to be notified of the conviction, the sentence, the imprisonment and the release of the accused.

(6) The right to the timely disposition of the case following the arrest of the accused.

(7) The right to be reasonably protected from the accused through the criminal justice process.

(7.5) The right to have the safety of the victim and the victim's family considered in determining whether to release the defendant and setting conditions of release after arrest and conviction.

(8) The right to be present at the trial and all other court proceedings on the same basis as the accused, unless the victim is to testify and the court determines that the victim's testimony would be materially affected if the victim hears other testimony at the trial.

(9) The right to have present at all court proceedings, including proceedings under the Juvenile Court Act of 1987, subject to the rules of evidence, an advocate and other support person of the victim's choice.

(10) The right to restitution.

(11) The right to file a complaint against the accused with the agency or department that licensed, certified, permitted, or registered the accused if the accused holds a license, certificate, permit, or registration to practice a profession.

(b) Any law enforcement agency that investigates an offense committed in this State shall provide a crime victim with a written statement and explanation of the rights of crime victims under this amendatory Act of the 99th General Assembly within 48 hours of law enforcement's initial contact with a victim. The statement shall include information about crime victim compensation, including how to contact the Office of the Illinois Attorney General to file a claim, and appropriate referrals to local and State programs that provide victim services. The content of the statement shall be provided to law enforcement by the Attorney General. Law enforcement shall also provide a crime victim with a sign-off sheet that the victim shall sign and date as an acknowledgement that he or she has been furnished with information and an explanation of the rights of crime victims and compensation set forth in this Act.

(b-5) Upon the request of the victim, the law enforcement agency having jurisdiction shall provide a free copy of the police report concerning the victim's incident, as soon as practicable, but in no event later than 5 business days from the request.

(c) The Clerk of the Circuit Court shall post the rights of crime victims set forth in Article I, Section 8.1(a) of the Illinois Constitution and subsection (a) of this Section within 3 feet of the door to any courtroom where criminal proceedings are conducted. The clerk may also post the rights in other locations in the courthouse.

(d) At any point, the victim has the right to retain a victim's attorney who may be present during all stages of any interview, investigation, or other interaction with representatives of the criminal justice system. Treatment of the victim should not be affected or altered in any way as a result of the victim's decision to exercise this right.

(Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23.)

Section 99. Effective date. This Act takes effect 6 months after becoming law.".