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90_HB1576eng
20 ILCS 2305/5.5 new
225 ILCS 46/15
225 ILCS 46/20
Amends the Department of Public Health Act to require the
Department of Public Health to develop training and
experience criteria for persons providing health and home
care to victims of dementia-related disorders and to assess
the effectiveness of certifying those persons. Amends the
Health Care Worker Background Check Act to require the
Department to conduct criminal background checks on those
persons prior to employment.
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1 AN ACT concerning dementia-related health care, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Department of Public Health Act is
6 amended by adding Section 5.5 as follows:
7 (20 ILCS 2305/5.5 new)
8 Sec. 5.5. Specialized training for dementia-related
9 diseases. The Department, in cooperation with the Department
10 on Aging or any other appropriate federal, State, or local
11 agency, shall develop specialized training and experience
12 criteria for persons who provide health or home care to
13 victims of Alzheimer's disease or other dementia-related
14 disorders, including but not limited to cognitive and motor
15 skill disorders, stroke and related complications,
16 Huntington's disease, Pick's disease, Parkinson dementia
17 complex, and senility. In addition, the Department shall
18 study the effectiveness of certifying, through the Department
19 or an appropriate private certifying body, persons who
20 provide health or home care to victims of Alzheimer's disease
21 or other dementia-related disorders according to the criteria
22 developed under this Section. The Department shall develop
23 the criteria and present its findings and recommendations to
24 the Governor and the General Assembly on or before March 1,
25 1998.
26 Section 10. The Health Care Worker Background Check Act
27 is amended by changing Sections 15 and 20 as follows:
28 (225 ILCS 46/15)
29 (Text of Section before amendment by P.A. 89-507)
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1 Sec. 15. Definitions. For the purposes of this Act, the
2 following definitions apply:
3 "Applicant" means an individual seeking employment with a
4 health care employer who has received a bona fide conditional
5 offer of employment.
6 "Conditional offer of employment" means a bona fide offer
7 of employment by a health care employer to an applicant,
8 which is contingent upon the receipt of a report from the
9 Department of State Police indicating that the applicant does
10 not have a record of conviction of any of the criminal
11 offenses enumerated in Section 25.
12 "Direct care" means the provision of nursing care or
13 assistance with meals, dressing, movement, bathing, or other
14 personal needs or maintenance, or general supervision and
15 oversight of the physical and mental well-being of an
16 individual who is incapable of managing his or her person
17 whether or not a guardian has been appointed for that
18 individual.
19 "Health care employer" means:
20 (1) the owner or licensee of any of the following:
21 (i) a community living facility, as defined in the
22 Community Living Facilities Act;
23 (ii) a life care facility, as defined in the Life
24 Care Facilities Act;
25 (iii) a long-term care facility, as defined in the
26 Nursing Home Care Act;
27 (iv) a home health agency, as defined in the Home
28 Health Agency Licensing Act;
29 (v) a full hospice, as defined in the Hospice
30 Program Licensing Act;
31 (vi) a hospital, as defined in the Hospital
32 Licensing Act;
33 (vii) a community residential alternative, as
34 defined in the Community Residential Alternatives
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1 Licensing Act;
2 (viii) a nurse agency, as defined in the Nurse
3 Agency Licensing Act;
4 (ix) a respite care provider, as defined in the
5 Respite Program Act;
6 (2) a day training program certified by the Department
7 of Mental Health and Developmental Disabilities; or
8 (3) a community integrated living arrangement operated
9 by a community mental health and developmental service
10 agency, as defined in the Community-Integrated Living
11 Arrangements Licensing and Certification Act.
12 "Initiate" means the obtaining of the authorization for a
13 record check from a student, applicant, or employee. The
14 educational entity or health care employer or its designee
15 shall transmit all necessary information and fees to the
16 Illinois State Police within 10 working days after receipt of
17 the authorization.
18 (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96;
19 revised 9-12-96.)
20 (Text of Section after amendment by P.A. 89-507)
21 Sec. 15. Definitions. For the purposes of this Act, the
22 following definitions apply:
23 "Applicant" means an individual seeking employment with a
24 health care employer who has received a bona fide conditional
25 offer of employment.
26 "Conditional offer of employment" means a bona fide offer
27 of employment by a health care employer to an applicant,
28 which is contingent upon the receipt of a report from the
29 Department of State Police indicating that the applicant does
30 not have a record of conviction of any of the criminal
31 offenses enumerated in Section 25.
32 "Direct care" means the provision of nursing care or
33 assistance with meals, dressing, movement, bathing, or other
34 personal needs or maintenance, or general supervision and
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1 oversight of the physical and mental well-being of an
2 individual who is incapable of managing his or her person
3 whether or not a guardian has been appointed for that
4 individual.
5 "Health care employer" means:
6 (1) the owner or licensee of any of the following:
7 (i) a community living facility, as defined in the
8 Community Living Facilities Act;
9 (ii) a life care facility, as defined in the Life
10 Care Facilities Act;
11 (iii) a long-term care facility, as defined in the
12 Nursing Home Care Act;
13 (iv) a home health agency, as defined in the Home
14 Health Agency Licensing Act;
15 (v) a full hospice, as defined in the Hospice
16 Program Licensing Act;
17 (vi) a hospital, as defined in the Hospital
18 Licensing Act;
19 (vii) a community residential alternative, as
20 defined in the Community Residential Alternatives
21 Licensing Act;
22 (viii) a nurse agency, as defined in the Nurse
23 Agency Licensing Act;
24 (ix) a respite care provider, as defined in the
25 Respite Program Act; or
26 (x) a facility or home care service agency
27 providing care or treatment to victims of Alzheimer's
28 disease or other dementia-related disorders, including
29 but not limited to cognitive and motor skill disorders,
30 stroke and related complications, Huntington's disease,
31 Pick's disease, Parkinson dementia complex, and senility.
32 (2) a day training program certified by the Department
33 of Human Services; or
34 (3) a community integrated living arrangement operated
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1 by a community mental health and developmental service
2 agency, as defined in the Community-Integrated Living
3 Arrangements Licensing and Certification Act.
4 "Initiate" means the obtaining of the authorization for a
5 record check from a student, applicant, or employee. The
6 educational entity or health care employer or its designee
7 shall transmit all necessary information and fees to the
8 Illinois State Police within 10 working days after receipt of
9 the authorization.
10 (Source: P.A. 89-197, eff. 7-21-95; 89-507, eff. 7-1-97;
11 89-674, eff. 8-14-96; revised 9-12-96.)
12 (225 ILCS 46/20)
13 Sec. 20. Exceptions. This Act shall not apply to:
14 (a) an individual who is licensed by the Department of
15 Professional Regulation or the Department of Public Health
16 under another law of this State, except that this Act does
17 apply to all individuals providing health or home care to a
18 person at or through a facility or agency described in item
19 (x) of the definition of "health care employer" in Section
20 15; and
21 (b) an individual employed or retained by a health care
22 employer for whom a criminal background check is required by
23 another law of this State; or
24 (c) a student in a licensed health care field including,
25 but not limited to, a student nurse, a physical therapy
26 student, or a respiratory care student unless he or she is
27 employed by a health care employer in a position with duties
28 involving direct care for clients, patients, or residents.
29 (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)
30 Section 95. No acceleration or delay. Where this Act
31 makes changes in a statute that is represented in this Act by
32 text that is not yet or no longer in effect (for example, a
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1 Section represented by multiple versions), the use of that
2 text does not accelerate or delay the taking effect of (i)
3 the changes made by this Act or (ii) provisions derived from
4 any other Public Act.