Full Text of SB3293 103rd General Assembly
SB3293 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB3293 Introduced 2/7/2024, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: | | | Amends the Health Care Worker Background Check Act. Allows a peer recovery specialist to request a waiver from the Illinois Department of Public Health to work in the health care industry when he or she would otherwise be prohibited because of his or her criminal record. |
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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 Section 40 as follows: | 6 | | (225 ILCS 46/40) | 7 | | Sec. 40. Waiver. | 8 | | (a) Any student ; , applicant ; , enrollee in a training | 9 | | program ; , individual receiving services from a workforce | 10 | | intermediary or organization providing pro bono legal | 11 | | services ; , or employee listed on the Health Care Worker | 12 | | Registry ; or peer recovery specialist may request a waiver of | 13 | | the prohibition against employment by: | 14 | | (1) completing a waiver application on a form | 15 | | prescribed by the Department of Public Health; | 16 | | (2) providing a written explanation of each conviction | 17 | | to include (i) what happened, (ii) how many years have | 18 | | passed since the offense, (iii) the individuals involved, | 19 | | (iv) the age of the applicant at the time of the offense, | 20 | | and (v) any other circumstances surrounding the offense; | 21 | | and | 22 | | (3) providing official documentation showing that all | 23 | | fines have been paid, if applicable and except for in the |
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| 1 | | instance of payment of court-imposed fines or restitution | 2 | | in which the applicant is adhering to a payment schedule, | 3 | | and the date probation or parole was satisfactorily | 4 | | completed, if applicable. | 5 | | (b) The applicant may, but is not required to, submit | 6 | | employment and character references and any other evidence | 7 | | demonstrating the ability of the applicant or employee to | 8 | | perform the employment responsibilities competently and | 9 | | evidence that the applicant or employee does not pose a threat | 10 | | to the health or safety of residents, patients, or clients. | 11 | | (c) The Department of Public Health may, at the discretion | 12 | | of the Director of Public Health, grant a waiver to an | 13 | | applicant, student, or employee listed on the Health Care | 14 | | Worker Registry. The Department of Public Health shall act | 15 | | upon the waiver request within 30 days of receipt of all | 16 | | necessary information, as defined by rule. The Department of | 17 | | Public Health shall send an applicant, student, or employee | 18 | | written notification of its decision whether to grant a | 19 | | waiver, including listing the specific disqualifying offenses | 20 | | for which the waiver is being granted or denied. The | 21 | | Department shall issue additional copies of this written | 22 | | notification upon the applicant's, student's, or employee's | 23 | | request. | 24 | | (d) An individual shall not be employed from the time that | 25 | | the employer receives a notification from the Department of | 26 | | Public Health based upon the results of a fingerprint-based |
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| 1 | | criminal history records check containing disqualifying | 2 | | conditions until the time that the individual receives a | 3 | | waiver. | 4 | | (e) The entity responsible for inspecting, licensing, | 5 | | certifying, or registering the health care employer and the | 6 | | Department of Public Health shall be immune from liability for | 7 | | any waivers granted under this Section. | 8 | | (f) A health care employer is not obligated to employ or | 9 | | offer permanent employment to an applicant, or to retain an | 10 | | employee who is granted a waiver under this Section. | 11 | | (Source: P.A. 100-432, eff. 8-25-17; 101-176, eff. 7-31-19.) |
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