Full Text of HB5218 103rd General Assembly
HB5218enr 103RD GENERAL ASSEMBLY | | | HB5218 Enrolled | | LRB103 39106 CES 69246 b |
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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 Nursing Home Care Act is amended by | 5 | | changing Section 3-206 as follows: | 6 | | (210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206) | 7 | | Sec. 3-206. The Department shall prescribe a curriculum | 8 | | for training nursing assistants, habilitation aides, and child | 9 | | care aides. | 10 | | (a) No person, except a volunteer who receives no | 11 | | compensation from a facility and is not included for the | 12 | | purpose of meeting any staffing requirements set forth by the | 13 | | Department, shall act as a nursing assistant, habilitation | 14 | | aide, or child care aide in a facility, nor shall any person, | 15 | | under any other title, not licensed, certified, or registered | 16 | | to render medical care by the Department of Financial and | 17 | | Professional Regulation, assist with the personal, medical, or | 18 | | nursing care of residents in a facility, unless such person | 19 | | meets the following requirements: | 20 | | (1) Be at least 16 years of age, of temperate habits | 21 | | and good moral character, honest, reliable and | 22 | | trustworthy. | 23 | | (2) Be able to speak and understand the English |
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| 1 | | language or a language understood by a substantial | 2 | | percentage of the facility's residents. | 3 | | (3) Provide evidence of employment or occupation, if | 4 | | any, and residence for 2 years prior to his present | 5 | | employment. | 6 | | (4) Have completed at least 8 years of grade school or | 7 | | provide proof of equivalent knowledge. | 8 | | (5) Begin a current course of training for nursing | 9 | | assistants, habilitation aides, or child care aides, | 10 | | approved by the Department, within 45 days of initial | 11 | | employment in the capacity of a nursing assistant, | 12 | | habilitation aide, or child care aide at any facility. | 13 | | Such courses of training shall be successfully completed | 14 | | within 120 days of initial employment in the capacity of | 15 | | nursing assistant, habilitation aide, or child care aide | 16 | | at a facility. Nursing assistants, habilitation aides, and | 17 | | child care aides who are enrolled in approved courses in | 18 | | community colleges or other educational institutions on a | 19 | | term, semester, or trimester basis, shall be exempt from | 20 | | the 120-day completion time limit. During a statewide | 21 | | public health emergency, as defined in the Illinois | 22 | | Emergency Management Agency Act, all nursing assistants, | 23 | | habilitation aides, and child care aides shall, to the | 24 | | extent feasible, complete the training. The Department | 25 | | shall adopt rules for such courses of training. These | 26 | | rules shall include procedures for facilities to carry on |
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| 1 | | an approved course of training within the facility. The | 2 | | Department shall allow an individual to satisfy the | 3 | | supervised clinical experience requirement for placement | 4 | | on the Health Care Worker Registry under 77 Ill. Adm. Code | 5 | | 300.663 through supervised clinical experience at an | 6 | | assisted living establishment licensed under the Assisted | 7 | | Living and Shared Housing Act. The Department shall adopt | 8 | | rules requiring that the Health Care Worker Registry | 9 | | include information identifying where an individual on the | 10 | | Health Care Worker Registry received his or her clinical | 11 | | training. | 12 | | The Department may accept comparable training in lieu | 13 | | of the 120-hour course for student nurses, foreign nurses, | 14 | | military personnel, or employees of the Department of | 15 | | Human Services. | 16 | | The Department shall accept on-the-job experience in | 17 | | lieu of clinical training from any individual who | 18 | | participated in the temporary nursing assistant program | 19 | | during the COVID-19 pandemic before the end date of the | 20 | | temporary nursing assistant program and left the program | 21 | | in good standing, and the Department shall notify all | 22 | | approved certified nurse assistant training programs in | 23 | | the State of this requirement. The individual shall | 24 | | receive one hour of credit for every hour employed as a | 25 | | temporary nursing assistant, up to 40 total hours, and | 26 | | shall be permitted 90 days after the end date of the |
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| 1 | | temporary nursing assistant program to enroll in an | 2 | | approved certified nursing assistant training program and | 3 | | 240 days to successfully complete the certified nursing | 4 | | assistant training program. Temporary nursing assistants | 5 | | who enroll in a certified nursing assistant training | 6 | | program within 90 days of the end of the temporary nursing | 7 | | assistant program may continue to work as a nursing | 8 | | assistant for up to 240 days after enrollment in the | 9 | | certified nursing assistant training program. As used in | 10 | | this Section, "temporary nursing assistant program" means | 11 | | the program implemented by the Department of Public Health | 12 | | by emergency rule, as listed in 44 Ill. Reg. 7936, | 13 | | effective April 21, 2020. | 14 | | The Department shall adopt rules that require the | 15 | | certification exam for nursing assistants to be offered in | 16 | | both English and Spanish. The Department shall not place | 17 | | any restrictions on which candidates may take the exam in | 18 | | Spanish instead of English, including, but not limited to, | 19 | | any requirement to be employed by a facility prior to | 20 | | testing or any requirement for a specified number of | 21 | | facility residents to speak a specific language. | 22 | | The facility shall develop and implement procedures, | 23 | | which shall be approved by the Department, for an ongoing | 24 | | review process, which shall take place within the | 25 | | facility, for nursing assistants, habilitation aides, and | 26 | | child care aides. |
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| 1 | | At the time of each regularly scheduled licensure | 2 | | survey, or at the time of a complaint investigation, the | 3 | | Department may require any nursing assistant, habilitation | 4 | | aide, or child care aide to demonstrate, either through | 5 | | written examination or action, or both, sufficient | 6 | | knowledge in all areas of required training. If such | 7 | | knowledge is inadequate the Department shall require the | 8 | | nursing assistant, habilitation aide, or child care aide | 9 | | to complete inservice training and review in the facility | 10 | | until the nursing assistant, habilitation aide, or child | 11 | | care aide demonstrates to the Department, either through | 12 | | written examination or action, or both, sufficient | 13 | | knowledge in all areas of required training. | 14 | | (6) Be familiar with and have general skills related | 15 | | to resident care. | 16 | | (a-0.5) An educational entity, other than a secondary | 17 | | school, conducting a nursing assistant, habilitation aide, or | 18 | | child care aide training program shall initiate a criminal | 19 | | history record check in accordance with the Health Care Worker | 20 | | Background Check Act prior to entry of an individual into the | 21 | | training program. A secondary school may initiate a criminal | 22 | | history record check in accordance with the Health Care Worker | 23 | | Background Check Act at any time during or after a training | 24 | | program. | 25 | | (a-1) Nursing assistants, habilitation aides, or child | 26 | | care aides seeking to be included on the Health Care Worker |
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| 1 | | Registry under the Health Care Worker Background Check Act on | 2 | | or after January 1, 1996 must authorize the Department of | 3 | | Public Health or its designee to request a criminal history | 4 | | record check in accordance with the Health Care Worker | 5 | | Background Check Act and submit all necessary information. An | 6 | | individual may not newly be included on the Health Care Worker | 7 | | Registry unless a criminal history record check has been | 8 | | conducted with respect to the individual. | 9 | | (b) Persons subject to this Section shall perform their | 10 | | duties under the supervision of a licensed nurse. | 11 | | (c) It is unlawful for any facility to employ any person in | 12 | | the capacity of nursing assistant, habilitation aide, or child | 13 | | care aide, or under any other title, not licensed by the State | 14 | | of Illinois to assist in the personal, medical, or nursing | 15 | | care of residents in such facility unless such person has | 16 | | complied with this Section. | 17 | | (d) Proof of compliance by each employee with the | 18 | | requirements set out in this Section shall be maintained for | 19 | | each such employee by each facility in the individual | 20 | | personnel folder of the employee. Proof of training shall be | 21 | | obtained only from the Health Care Worker Registry. | 22 | | (e) Each facility shall obtain access to the Health Care | 23 | | Worker Registry's web application, maintain the employment and | 24 | | demographic information relating to each employee, and verify | 25 | | by the category and type of employment that each employee | 26 | | subject to this Section meets all the requirements of this |
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| 1 | | Section. | 2 | | (f) Any facility that is operated under Section 3-803 | 3 | | shall be exempt from the requirements of this Section. | 4 | | (g) Each skilled nursing and intermediate care facility | 5 | | that admits persons who are diagnosed as having Alzheimer's | 6 | | disease or related dementias shall require all nursing | 7 | | assistants, habilitation aides, or child care aides, who did | 8 | | not receive 12 hours of training in the care and treatment of | 9 | | such residents during the training required under paragraph | 10 | | (5) of subsection (a), to obtain 12 hours of in-house training | 11 | | in the care and treatment of such residents. If the facility | 12 | | does not provide the training in-house, the training shall be | 13 | | obtained from other facilities, community colleges or other | 14 | | educational institutions that have a recognized course for | 15 | | such training. The Department shall, by rule, establish a | 16 | | recognized course for such training. The Department's rules | 17 | | shall provide that such training may be conducted in-house at | 18 | | each facility subject to the requirements of this subsection, | 19 | | in which case such training shall be monitored by the | 20 | | Department. | 21 | | The Department's rules shall also provide for | 22 | | circumstances and procedures whereby any person who has | 23 | | received training that meets the requirements of this | 24 | | subsection shall not be required to undergo additional | 25 | | training if he or she is transferred to or obtains employment | 26 | | at a different facility or a facility other than a long-term |
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| 1 | | care facility but remains continuously employed for pay as a | 2 | | nursing assistant, habilitation aide, or child care aide. | 3 | | Individuals who have performed no nursing or nursing-related | 4 | | services for a period of 24 consecutive months shall be listed | 5 | | as "inactive" and as such do not meet the requirements of this | 6 | | Section. Licensed sheltered care facilities shall be exempt | 7 | | from the requirements of this Section. | 8 | | An individual employed during the COVID-19 pandemic as a | 9 | | nursing assistant in accordance with any Executive Orders, | 10 | | emergency rules, or policy memoranda related to COVID-19 shall | 11 | | be assumed to meet competency standards and may continue to be | 12 | | employed as a certified nurse assistant when the pandemic ends | 13 | | and the Executive Orders or emergency rules lapse. Such | 14 | | individuals shall be listed on the Department's Health Care | 15 | | Worker Registry website as "active". | 16 | | (Source: P.A. 103-1, eff. 4-27-23.) | 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law. |
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