Full Text of HB4580 098th General Assembly
HB4580 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4580 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED: |
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Amends the Health Care Worker Background Check Act. Provides that the prohibition against a health care employer or long-term care facility hiring, employing, or retaining an individual in a position with duties involving direct care for clients,
patients, or residents, or duties that involve or may involve
contact with long-term care facility residents or access to the living quarters or the financial, medical, or personal records of residents, on account of the individual's conviction of committing or attempting to commit one or more of certain specified offenses shall be for a period of (i) 2 years following the date of conviction in the case of a conviction for a misdemeanor and (ii) 5 years following the date of conviction in the case of a conviction for a felony. 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 Section 25 as follows:
| 6 | | (225 ILCS 46/25)
| 7 | | Sec. 25. Persons ineligible to be hired by health care | 8 | | employers and long-term care facilities.
| 9 | | (a) Subject to subsection (c), in In the discretion of the | 10 | | Director of Public Health, as soon after January 1, 1996, | 11 | | January 1, 1997, January 1, 2006, or October 1, 2007, as | 12 | | applicable, and as is reasonably practical, no
health care | 13 | | employer shall knowingly hire, employ, or retain any
individual | 14 | | in a position with duties involving direct care for clients,
| 15 | | patients, or residents, and no long-term care facility shall | 16 | | knowingly hire, employ, or retain any individual in a position | 17 | | with duties that involve or may involve
contact with residents | 18 | | or access to the living quarters or the financial, medical, or | 19 | | personal records of residents, who has been convicted of | 20 | | committing or attempting to
commit one or more of the following | 21 | | offenses: those defined in Sections 8-1(b), 8-1.1, 8-1.2, 9-1,
| 22 | | 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, | 23 | | 10-3, 10-3.1, 10-4,
10-5, 10-7, 11-1.20, 11-1.30, 11-1.40, |
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| 1 | | 11-1.50, 11-1.60, 11-6, 11-9.1, 11-9.5, 11-19.2, 11-20.1, | 2 | | 11-20.1B, 11-20.3, 12-1, 12-2, 12-3.05, 12-3.1,
12-3.2, | 3 | | 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.4, 12-4.5, 12-4.6, | 4 | | 12-4.7, 12-7.4,
12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, | 5 | | 12-19, 12-21, 12-21.6, 12-32,
12-33, 12C-5, 16-1, 16-1.3, | 6 | | 16-25,
16A-3, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, | 7 | | 19-3, 19-4, 19-6, 20-1, 20-1.1,
24-1, 24-1.2, 24-1.5, or 33A-2, | 8 | | or subdivision (a)(4) of Section 11-14.4, or in subsection (a) | 9 | | of Section 12-3 or subsection (a) or (b) of Section 12-4.4a, of | 10 | | the Criminal Code of 1961 or the Criminal Code of 2012; those | 11 | | provided in
Section 4 of the Wrongs to Children Act; those | 12 | | provided in Section 53 of the
Criminal Jurisprudence Act; those | 13 | | defined in Section 5, 5.1, 5.2, 7, or 9 of
the Cannabis Control | 14 | | Act; those 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, unless the
applicant or employee obtains a waiver pursuant | 18 | | to Section 40.
| 19 | | (a-1) Subject to subsection (c), in In the discretion of | 20 | | the Director of Public Health, as soon after January 1, 2004 or | 21 | | October 1, 2007, as applicable, and as is reasonably practical, | 22 | | no health care employer shall knowingly hire
any individual in | 23 | | a position with duties involving direct care for clients,
| 24 | | patients, or residents, and no long-term care facility shall | 25 | | knowingly hire 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, who has (i) been convicted of committing or | 3 | | attempting
to commit one or more of the offenses defined in | 4 | | Section 12-3.3, 12-4.2-5,
16-2, 16-30, 16G-15, 16G-20, 17-33, | 5 | | 17-34, 17-36, 17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, | 6 | | 24-3.2, or 24-3.3, or subsection (b) of Section 17-32, | 7 | | subsection (b) of Section 18-1, or subsection (b) of Section | 8 | | 20-1,
of the Criminal Code of 1961 or the Criminal Code of | 9 | | 2012; Section 4, 5, 6, 8, or 17.02 of the Illinois
Credit Card | 10 | | and Debit Card Act; or Section 11-9.1A of the Criminal Code of | 11 | | 1961 or the Criminal Code of 2012 or Section 5.1 of the Wrongs | 12 | | to Children Act;
or (ii) violated Section 50-50 of the Nurse | 13 | | Practice Act, unless the applicant or employee obtains a waiver | 14 | | pursuant to Section 40 of this Act.
| 15 | | Subject to subsection (c), a A health care employer is not | 16 | | required to retain an individual in a position
with duties | 17 | | involving direct care for clients, patients, or residents, and | 18 | | no long-term care facility is required to retain an individual | 19 | | in a position with duties that involve or may involve
contact | 20 | | with residents or access to the living quarters or the | 21 | | financial, medical, or personal records of residents, who has
| 22 | | been convicted of committing or attempting to commit one or | 23 | | more of
the offenses enumerated in this subsection.
| 24 | | (b) Subject to subsection (c), a A health care employer | 25 | | shall not hire, employ, or retain any
individual in a position | 26 | | with duties involving direct care of clients,
patients, or |
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| 1 | | residents, and no long-term care facility shall knowingly hire, | 2 | | employ, or retain any individual in a position with duties that | 3 | | involve or may involve
contact with residents or access to the | 4 | | living quarters or the financial, medical, or personal records | 5 | | of residents, if the health care employer becomes aware that | 6 | | the
individual has been convicted in another state of | 7 | | committing or attempting to
commit an offense that has the same | 8 | | or similar elements as an offense listed in
subsection (a) or | 9 | | (a-1), as verified by court records, records from a state
| 10 | | agency, or an FBI criminal history record check, unless the | 11 | | applicant or employee obtains a waiver pursuant to Section 40 | 12 | | of this Act. This shall not be construed to
mean that a health | 13 | | care employer has an obligation to conduct a criminal
history | 14 | | records check in other states in which an employee has resided.
| 15 | | (c) The prohibition against hiring, employing, or | 16 | | retaining an individual set forth in subsection (a), (a-1), or | 17 | | (b) on account of the individual's conviction of committing or | 18 | | attempting to commit one or more of the offenses specified in | 19 | | those subsections shall be for a period of (i) 2 years | 20 | | following the date of conviction in the case of a conviction | 21 | | for a misdemeanor and (ii) 5 years following the date of | 22 | | conviction in the case of a conviction for a felony. | 23 | | (Source: P.A. 96-710, eff. 1-1-10; 96-1551, Article 1, Section | 24 | | 930, eff. 7-1-11; 96-1551, Article 2, Section 995, eff. 7-1-11; | 25 | | 96-1551, Article 10, Section 10-40, eff. 7-1-11; 97-597, eff. | 26 | | 1-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, |
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| 1 | | eff. 1-25-13.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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