Public Act 93-0224

SB1912 Enrolled                      LRB093 08717 RCE 08947 b

    AN ACT concerning health care workers.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section   5.  The Health Care Worker Background Check Act
is amended by changing Sections 25 and 65 as follows:

    (225 ILCS 46/25)
    Sec. 25.  Persons ineligible to be hired by  health  care
employers.
    (a)  After  January  1,  1996,  or  January  1,  1997, as
applicable, no health care  employer  shall  knowingly  hire,
employ,  or  retain  any individual in a position with duties
involving direct care for clients,  patients,  or  residents,
who  has been convicted of committing or attempting to commit
one or more of the offenses defined in Sections 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, 10-1, 10-2,
10-3,  10-3.1,  10-4,  10-5,  10-7,  11-6,  11-9.1,  11-19.2,
11-20.1, 12-1, 12-2,  12-3,  12-3.1,  12-3.2,  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, 12-21,
12-21.6, 12-32, 12-33, 16-1, 16-1.3, 16A-3, 17-3, 18-1, 18-2,
18-3, 18-4, 18-5,  19-1,  19-3,  19-4,  20-1,  20-1.1,  24-1,
24-1.2, 24-1.5, or 33A-2 of the Criminal Code of 1961;  those
provided  in  Section  4 of the Wrongs to Children Act; those
provided in Section 53 of  the  Criminal  Jurisprudence  Act;
those defined in Section 5, 5.1, 5.2, 7, or 9 of the Cannabis
Control  Act;  or  those defined in Sections 401, 401.1, 404,
405,  405.1,  407,  or  407.1  of  the  Illinois   Controlled
Substances  Act,  unless  the applicant or employee obtains a
waiver pursuant to Section 40.
    (a-1)  After January 1, 2004,  no  health  care  employer
shall knowingly hire any individual in a position with duties
involving direct care for clients, patients, or residents who
has  (i) been convicted of committing or attempting to commit
one or more  of  the  offenses  defined  in  Section  12-3.3,
12-4.2-5,   16-2,   16G-15,  16G-20,  18-5,  20-1.2,  24-1.1,
24-1.2-5, 24-1.6, 24-3.2, or 24-3.3 of the Criminal  Code  of
1961;  Section  4,  5,  6, 8, or 17.02 of the Illinois Credit
Card and Debit Card Act; or Section  5.1  of  the  Wrongs  to
Children  Act;  or  (ii) violated Section 10-5 of the Nursing
and Advanced Practice Nursing Act.
    A UCIA criminal history record check need not  be  redone
for health care employees who have been continuously employed
by  a health care employer since January 1, 2004, but nothing
in  this  Section  prohibits  a  health  care  employer  from
initiating a criminal history check for these employees.
    A health care employer  is  not  required  to  retain  an
individual  in  a  position with duties involving direct care
for clients, patients, or residents who has been convicted of
committing or  attempting  to  commit  one  or  more  of  the
offenses enumerated in this subsection.
    (b)  A  health  care  employer shall not hire, employ, or
retain any individual in a  position  with  duties  involving
direct  care of clients, patients, or 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),  as  verified  by
court  records,  records  from  a  state  agency,  or  an FBI
criminal history record check. 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.
(Source: P.A. 90-441, eff. 1-1-98; 91-598, eff. 1-1-00.)

    (225 ILCS 46/65)
    Sec.  65.   Health Care Worker Task Force.  A Health Care
Worker Task Force shall be appointed no later  than  July  1,
1996,  to study and make recommendations on statutory changes
to this Act.
    (a)  The Task Force  shall  monitor  the  status  of  the
implementation    of   this   Act   and   monitor   complaint
investigations relating to this  Act  by  the  Department  on
Aging,   Department   of   Public   Health,   Department   of
Professional Regulation, and the Department of Human Services
to  determine the criminal background, if any, of health care
workers  who  have  had  findings   of   abuse,   theft,   or
exploitation.
    (b)  The    Task   Force   shall   make   recommendations
concerning: (1) additional health care  positions,  including
licensed  individuals and volunteers, that should be included
in  the   Act;   (2)   development   of   a   transition   to
fingerprint-based  State  and federal criminal records checks
for all direct care applicants or employees; (3)  development
of   a   system   that   is  affordable  to  applicants;  (4)
modifications to the list of offenses enumerated  in  Section
25, including time limits on all or some of the disqualifying
offenses,;  and  (5) any other necessary or desirable changes
to the Act.
    (c)  The Task Force shall issue an interim report to  the
Governor  and  General Assembly no later than January 1, 2004
December 31, 1996.  The final report shall be issued no later
than September 30, 2005  1997,  and  shall  include  specific
statutory changes recommended, if any.
    (d)  The  Task  Force  shall be composed comprised of the
following members, who shall serve without pay:
         (1)  a  chairman  knowledgeable  about  health  care
    issues, who shall be appointed by the Governor;
         (2)  the Director of the Department of Public Health
    or his or her designee;
         (3)  the Director of the Department of State  Police
    or his or her designee;
         (3.5)  the  Director of the Department of Public Aid
    or his or her designee;
         (3.6)  the Secretary of Human Services or his or her
    designee;
         (3.7)  the Director of Aging or his or her designee;
         (4)  2 representatives of health care providers, who
    shall be appointed by the Governor;
         (5)  2 representatives of health care employees, who
    shall be appointed by the Governor;
         (5.5)  a  representative   of   a   Community   Care
    homemaker   program,   who  shall  be  appointed  by  the
    Governor;
         (6)  a representative of the general public who  has
    an interest in health care, who shall be appointed by the
    Governor; and
         (7)  4   members   of   the  General  Assembly,  one
    appointed by the Speaker of the House, one  appointed  by
    the House Minority Leader, one appointed by the President
    of  the  Senate, and one appointed by the Senate Minority
    Leader.
(Source: P.A. 89-197,  eff.  7-21-95;  89-507,  eff.  7-1-97;
89-674, eff. 8-14-96; 90-14, eff. 7-1-97.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.