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| Public Act 095-0120 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Health Care Worker Background Check Act is | ||||
amended by changing Sections 15, 20, 25, 40, 45, 50, 55, and 60 | ||||
and by adding Section 33 as follows:
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(225 ILCS 46/15)
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Sec. 15. Definitions. In
For the purposes of this Act, the | ||||
following
definitions apply:
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"Applicant" means an individual seeking employment with a | ||||
health care
employer who has received a bona fide conditional | ||||
offer of employment.
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"Conditional offer of employment" means a bona fide offer | ||||
of employment by a
health care employer to an applicant, which | ||||
is contingent upon the receipt of a
report from the Department | ||||
of Public Health
State Police indicating that the applicant | ||||
does
not have a record of conviction of any of the criminal | ||||
offenses enumerated in
Section 25.
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"Direct care" means the provision of nursing care or | ||||
assistance with feeding,
dressing, movement, bathing, | ||||
toileting, or other personal needs, including home services as | ||||
defined in the Home Health, Home Services, and Home Nursing | ||||
Agency Licensing Act. The entity
responsible for inspecting and | ||||
licensing, certifying, or registering the
health care employer | ||
may, by administrative rule, prescribe guidelines for
| ||
interpreting this definition with regard to the health care | ||
employers that it
licenses.
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"Disqualifying offenses" means those offenses set forth in | ||
Section 25 of this Act. | ||
"Employee" means any individual hired, employed, or | ||
retained to which this Act applies. | ||
"Fingerprint-based criminal history records check" means a | ||
livescan fingerprint-based criminal history records check | ||
submitted as a fee applicant inquiry in the form and manner | ||
prescribed by the Department of State Police.
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"Health care employer" means:
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(1) the owner or licensee of any of the
following:
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(i) a community living facility, as defined in the | ||
Community Living
Facilities Act;
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(ii) a life care facility, as defined in the Life | ||
Care Facilities Act;
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(iii) a long-term care facility, as defined in the | ||
Nursing Home Care Act;
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(iv) a home health agency, home services agency, or | ||
home nursing agency as defined in the Home Health, Home | ||
Services, and Home Nursing Agency Licensing
Act;
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(v) a comprehensive hospice care program or | ||
volunteer hospice program, as defined in the Hospice | ||
Program Licensing Act;
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(vi) a hospital, as defined in the Hospital | ||
Licensing Act;
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(vii) (blank);
a community residential | ||
alternative, as defined in the Community
Residential | ||
Alternatives Licensing Act;
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(viii) a nurse agency, as defined in the Nurse | ||
Agency Licensing Act;
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(ix) a respite care provider, as defined in the | ||
Respite Program Act;
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(ix-a) an establishment licensed under the | ||
Assisted Living and Shared
Housing Act;
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(x) a supportive living program, as defined in the | ||
Illinois Public Aid
Code;
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(xi) early childhood intervention programs as | ||
described in 59 Ill. Adm.
Code 121;
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(xii) the University of Illinois Hospital, | ||
Chicago;
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(xiii) programs funded by the Department on Aging | ||
through the Community
Care Program;
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(xiv) programs certified to participate in the | ||
Supportive Living Program
authorized pursuant to | ||
Section 5-5.01a of the Illinois Public Aid Code;
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(xv) programs listed by the Emergency Medical | ||
Services (EMS) Systems Act
as
Freestanding Emergency | ||
Centers;
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(xvi) locations licensed under the Alternative | ||
Health Care Delivery
Act;
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(2) a day training program certified by the Department | ||
of Human Services;
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(3) a community integrated living arrangement operated | ||
by a community
mental health and developmental service | ||
agency, as defined in the
Community-Integrated Living | ||
Arrangements Licensing and Certification Act; or
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(4) the State Long Term Care Ombudsman Program, | ||
including any regional long term care ombudsman programs | ||
under Section 4.04 of the Illinois Act on the Aging, only | ||
for the purpose of securing background checks.
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"Initiate" means the obtaining of the authorization for a | ||
record check from
a student, applicant, or employee his or her | ||
social security number, demographics, a disclosure statement, | ||
and an authorization for the Department of Public Health or its | ||
designee to request a fingerprint-based criminal history | ||
records check; transmitting this information electronically to | ||
the Department of Public Health; conducting Internet searches | ||
on certain web sites, including without limitation the Illinois | ||
Sex Offender Registry, the Department of Corrections' Sex | ||
Offender Search Engine, the Department of Corrections' Inmate | ||
Search Engine, the Department of Corrections Wanted Fugitives | ||
Search Engine, the National Sex Offender Public Registry, and | ||
the website of the Health and Human Services Office of | ||
Inspector General to determine if the applicant has been | ||
adjudicated a sex offender, has been a prison inmate, or has | ||
committed Medicare or Medicaid fraud, or conducting similar | ||
searches as defined by rule; and having the student, applicant, | ||
or employee's fingerprints collected and transmitted | ||
electronically to the Department of State Police. The | ||
educational entity or health care
employer or its designee | ||
shall transmit all necessary information and fees
to the | ||
Illinois State Police within 10 working days after receipt of | ||
the
authorization.
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"Livescan vendor" means an entity whose equipment has been | ||
certified by the Department of State Police to collect an | ||
individual's demographics and inkless fingerprints and, in a | ||
manner prescribed by the Department of State Police and the | ||
Department of Public Health, electronically transmit the | ||
fingerprints and required data to the Department of State | ||
Police and a daily file of required data to the Department of | ||
Public Health. The Department of Public Health shall negotiate | ||
a contract with one or more vendors that effectively | ||
demonstrate that the vendor has 2 or more years of experience | ||
transmitting fingerprints electronically to the Department of | ||
State Police and that the vendor can successfully transmit the | ||
required data in a manner prescribed by the Department of | ||
Public Health. Vendor authorization may be further defined by | ||
administrative rule.
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"Long-term care facility" means a facility licensed by the | ||
State or certified under federal law as a long-term care | ||
facility, including without limitation facilities licensed | ||
under the Nursing Home Care Act, a supportive living facility, | ||
an assisted living establishment, or a shared housing | ||
establishment or registered as a board and care home.
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(Source: P.A. 93-878, eff. 1-1-05; 94-379, eff. 1-1-06; 94-570, | ||
eff. 8-12-05; 94-665, eff. 1-1-06; revised 8-29-05.)
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(225 ILCS 46/20)
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Sec. 20. Exceptions. (1) This Act shall not apply to:
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(1)
(a) an individual who is licensed by the Department | ||
of Financial and Professional
Regulation or the Department | ||
of Public Health under another law of this State;
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(2)
(b) an individual employed or retained by a health | ||
care employer for whom
a
criminal background check is | ||
required by another law of this State; or
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(3)
(c) a student in a licensed health care field | ||
including, but not limited
to, a student nurse, a physical | ||
therapy student, or a respiratory care student
unless he or | ||
she is (i) employed by a health care employer
in a position | ||
with duties involving direct care for clients, patients, or
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residents or (ii) employed by a long-term care facility in | ||
a position that involves or may involve contact with | ||
residents or access to the living quarters or the | ||
financial, medical, or personal records of residents.
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(2) A UCIA criminal history records check need not be | ||
redone by the
University of Illinois Hospital, Chicago (U of I) | ||
or a program funded by the
Department on Aging through the | ||
Community Care Program (CCP) if the U of I or
the CCP: (i) has | ||
done a UCIA check on the individual; (ii) has continuously
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employed the individual since the UCIA criminal records check | ||
was done; and
(iii) has taken actions with respect to this Act | ||
within 12 months after the
effective date of this amendatory | ||
Act of the 91st General Assembly.
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(Source: P.A. 91-598, eff. 1-1-00.)
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(225 ILCS 46/25)
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Sec. 25. Persons ineligible to be hired by health care | ||
employers and long-term care facilities.
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(a) In the discretion of the Director of Public Health, as | ||
soon after
After January 1, 1996, January 1, 1997, January 1, | ||
2006, or October 1, 2007
or the effective date of this | ||
amendatory Act of the 94th General Assembly, as applicable, and | ||
as is reasonably practical, 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, and no long-term care facility shall knowingly hire, | ||
employ, or retain any individual in a position with duties that | ||
involve or may involve
contact with residents or access to the | ||
living quarters or the financial, medical, or personal records | ||
of 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, 11-9.5, 11-19.2, 11-20.1, 12-1, 12-2, 12-3, 12-3.1,
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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,
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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; those defined in the Methamphetamine Control and | ||
Community Protection 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.
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(a-1) In the discretion of the Director of Public Health, | ||
as soon after
After January 1, 2004 or October 1, 2007, as | ||
applicable, and as is reasonably practical, no health care | ||
employer shall knowingly hire
any individual in a position with | ||
duties involving direct care for clients,
patients, or | ||
residents, and no long-term care facility shall knowingly hire | ||
any individual in a position with duties that involve or may | ||
involve
contact with residents or access to the living quarters | ||
or the financial, medical, or personal records of 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, unless the applicant or employee obtains | ||
a waiver pursuant to Section 40 of this Act.
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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, and no long-term care facility | ||
is required to retain an individual in a position with duties | ||
that involve or may involve
contact with residents or access to | ||
the living quarters or the financial, medical, or personal | ||
records of residents, who has
been convicted of committing or | ||
attempting to commit one or more of
the offenses enumerated in | ||
this subsection.
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(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, and no | ||
long-term care facility shall knowingly hire, employ, or retain | ||
any individual in a position with duties that involve or may | ||
involve
contact with residents or access to the living quarters | ||
or the financial, medical, or personal records of residents, if | ||
the health care employer becomes aware that the
individual has | ||
been convicted in another state of committing or attempting to
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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, unless the applicant or employee obtains | ||
a waiver pursuant to Section 40 of this Act. 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. 93-224, eff. 7-18-03; 94-556, eff. 9-11-05; | ||
94-665, eff. 1-1-06; 94-1053, eff. 7-24-06.)
| ||
(225 ILCS 46/33 new) | ||
Sec. 33. Fingerprint-based criminal history records check. | ||
(a) A fingerprint-based criminal history records check is | ||
not required for health care employees who have been | ||
continuously employed by a health care employer since October | ||
1, 2007, have met the requirements for criminal history | ||
background checks prior to October 1, 2007, and have no | ||
disqualifying convictions or requested and received a waiver of | ||
those disqualifying convictions. These employees shall be | ||
retained on the Health Care Worker Registry as long as they | ||
remain active. Nothing in this subsection (a) shall be | ||
construed to prohibit a health care employer from initiating a | ||
criminal history records check for these employees. Should | ||
these employees seek a new position with a different health | ||
care employer, then a fingerprint-based criminal history | ||
records check shall be required.
| ||
(b) On October 1, 2007 or as soon thereafter as is | ||
reasonably practical, in the discretion of the Director of | ||
Public Health, and thereafter, any student,
applicant, or | ||
employee who desires to be included on the Department of Public | ||
Health's Health Care Worker Registry must authorize the | ||
Department of Public Health or its designee to request a | ||
fingerprint-based criminal history records check to determine | ||
if the individual has a conviction for a disqualifying offense. | ||
This authorization shall allow the Department of Public Health | ||
to request and receive information and assistance from any | ||
State or local governmental agency. Each individual shall | ||
submit his or her fingerprints to the Department of State | ||
Police in an electronic format that complies with the form and | ||
manner for requesting and furnishing criminal history record | ||
information prescribed by the Department of State Police. The | ||
fingerprints submitted under this Section shall be checked | ||
against the fingerprint records now and hereafter filed in the | ||
Department of State Police criminal history record databases. | ||
The Department of State Police shall charge a fee for | ||
conducting the criminal history records check, which shall not | ||
exceed the actual cost of the records check. The livescan | ||
vendor may act as the designee for individuals, educational | ||
entities, or health care employers in the collection of | ||
Department of State Police fees and deposit those fees into the | ||
State Police Services Fund. The Department of State Police | ||
shall provide information concerning any criminal convictions, | ||
now or hereafter filed, against the individual. | ||
(c) On October 1, 2007 or as soon thereafter as is | ||
reasonably practical, in the discretion of the Director of | ||
Public Health, and thereafter, an educational
entity, other | ||
than a secondary school, conducting a nurse aide training | ||
program must initiate a fingerprint-based criminal history | ||
records check requested by the Department of Public Health | ||
prior to entry of an individual into the training program. | ||
(d) On October 1, 2007 or as soon thereafter as is | ||
reasonably practical, in the discretion of the Director of | ||
Public Health, and thereafter, a health care
employer who makes | ||
a conditional offer of employment to an applicant for a | ||
position as an employee must initiate a fingerprint-based | ||
criminal history record check, requested by the Department of | ||
Public Health, on the applicant, if such a background check has | ||
not been previously conducted. | ||
(e) When initiating a background check requested by the
| ||
Department of Public Health, an educational entity or health | ||
care employer shall electronically submit to the Department of | ||
Public Health the student's, applicant's, or employee's social | ||
security number, demographics, disclosure, and authorization | ||
information in a format prescribed by the Department of Public | ||
Health within 2 working days after the authorization is | ||
secured. The student, applicant, or employee must have his or | ||
her fingerprints collected electronically and transmitted to | ||
the Department of State Police within 10 working days. The | ||
educational entity or health care employer must transmit all | ||
necessary information and fees to the livescan vendor and | ||
Department of State Police within 10 working days after receipt | ||
of the authorization. This information and the results of the | ||
criminal history record checks shall be maintained by the | ||
Department of Public Health's Health Care Worker Registry. | ||
(f) A direct care employer may initiate a fingerprint-based | ||
background check requested by the Department of Public Health | ||
for any of its employees, but may not use this process to | ||
initiate background checks for residents. The results of any | ||
fingerprint-based background check that is initiated with the | ||
Department as the requestor shall be entered in the Health Care | ||
Worker Registry. | ||
(g) As long as the employee has had a fingerprint-based | ||
criminal history record check requested by the Department of | ||
Public Health and stays active on the Health Care Worker | ||
Registry, no further criminal history record checks shall be | ||
deemed necessary, as the Department of State Police shall | ||
notify the Department of Public Health of any additional | ||
convictions associated with the fingerprints previously | ||
submitted. Health care employers are required to check the | ||
Health Care Worker Registry before hiring an employee to | ||
determine that the individual has had a fingerprint-based | ||
record check requested by the Department of Public Health and | ||
has no disqualifying convictions or has been granted a waiver | ||
pursuant to Section 40 of this Act. If the individual has not | ||
had such a background check or is not active on the Health Care | ||
Worker Registry, then the health care employer must initiate a | ||
fingerprint-based record check requested by the Department of | ||
Public Health. If an individual is inactive on the Health Care | ||
Worker Registry, that individual is prohibited from being hired | ||
to work as a certified nurse aide if, since the individual's | ||
most recent completion of a competency test, there has been a | ||
period of 24 consecutive months during which the individual has | ||
not provided nursing or nursing-related services for pay. If | ||
the individual can provide proof of having retained his or her | ||
certification by not having a 24 consecutive month break in | ||
service for pay, he or she may be hired as a certified nurse | ||
aide and that employment information shall be entered into the | ||
Health Care Worker Registry. | ||
(h) On October 1, 2007 or as soon thereafter as is | ||
reasonably practical, in the discretion of the Director of | ||
Public Health, and thereafter, if the Department of State | ||
Police notifies the Department of Public Health that an | ||
employee has a new conviction of a disqualifying offense, based | ||
upon the fingerprints that were previously submitted, then (i) | ||
the Health Care Worker Registry shall notify the employee's | ||
last known employer of the offense, (ii) a record of the | ||
employee's disqualifying offense shall be entered on the Health | ||
Care Worker Registry, and (iii) the individual shall no longer | ||
be eligible to work as an employee unless he or she obtains a | ||
waiver pursuant to Section 40 of this Act. | ||
(i) On October 1, 2007, or as soon thereafter, in the | ||
discretion of the Director of Public Health, as is reasonably | ||
practical, and thereafter, each direct care employer or its | ||
designee must provide an employment verification for each | ||
employee no less than annually. The direct care employer or its | ||
designee must log into the Health Care Worker Registry through | ||
a secure login. The health care employer or its designee must | ||
indicate employment and termination dates within 30 days after | ||
hiring or terminating an employee, as well as the employment | ||
category and type. Failure to comply with this subsection (i) | ||
constitutes a licensing violation. For health care employers | ||
that are not licensed or certified, a fine of up to $500 may be | ||
imposed for failure to maintain these records. This information | ||
shall be used by the Department of Public Health to notify the | ||
last known employer of any disqualifying offenses that are | ||
reported by the Department of State Police.
| ||
(j) The Department of Public Health shall notify each
| ||
health care employer or long-term care facility inquiring as to | ||
the information on the Health Care Worker Registry if the | ||
applicant or employee listed on the registry has a | ||
disqualifying offense and is therefore ineligible to work or | ||
has a waiver pursuant to Section 40 of this Act. | ||
(k) The student, applicant, or employee must be notified
of | ||
each of the following whenever a fingerprint-based criminal | ||
history records check is required: | ||
(1) That the educational entity, health care
employer, | ||
or long-term care facility shall initiate a | ||
fingerprint-based criminal history record check requested | ||
by the Department of Public Health of the student, | ||
applicant, or employee pursuant to this Act. | ||
(2) That the student, applicant, or employee has a
| ||
right to obtain a copy of the criminal records report that | ||
indicates a conviction for a disqualifying offense and | ||
challenge the accuracy and completeness of the report | ||
through an established Department of State Police | ||
procedure of Access and Review. | ||
(3) That the applicant, if hired conditionally, may
be | ||
terminated if the criminal records report indicates that | ||
the applicant has a record of a conviction of any of the | ||
criminal offenses enumerated in Section 25, unless the | ||
applicant obtains a waiver pursuant to Section 40 of this | ||
Act. | ||
(4) That the applicant, if not hired conditionally,
| ||
shall not be hired if the criminal records report indicates | ||
that the applicant has a record of a conviction of any of | ||
the criminal offenses enumerated in Section 25, unless the | ||
applicant obtains a waiver pursuant to Section 40 of this | ||
Act. | ||
(5) That the employee shall be terminated if the
| ||
criminal records report indicates that the employee has a | ||
record of a conviction of any of the criminal offenses | ||
enumerated in Section 25. | ||
(6) If, after the employee has originally been | ||
determined not to have disqualifying offenses, the | ||
employer is notified that the employee has a new | ||
conviction(s) of any of the criminal offenses enumerated in | ||
Section 25, then the employee shall be terminated. | ||
(l) A health care employer or long-term care facility may
| ||
conditionally employ an applicant for up to 3 months pending | ||
the results of a fingerprint-based criminal history record | ||
check requested by the Department of Public Health. | ||
(m) The Department of Public Health or an entity
| ||
responsible for inspecting, licensing, certifying, or | ||
registering the health care employer or long-term care facility | ||
shall be immune from liability for notices given based on the | ||
results of a fingerprint-based criminal history record check.
| ||
(225 ILCS 46/40)
| ||
Sec. 40. Waiver.
| ||
(a) Any student, applicant, or employee listed on the | ||
Health Care Worker Registry
An applicant, employee, or nurse | ||
aide may request a waiver of the
prohibition against
employment | ||
by submitting the following information to the entity | ||
responsible
for inspecting, licensing, certifying, or | ||
registering the health care employer
within 5 working days | ||
after the receipt of the criminal records
report:
| ||
(1) completing a waiver application on a form | ||
prescribed by the Department of Public Health;
Information | ||
necessary to initiate a fingerprint-based UCIA
criminal | ||
records check in a form and manner prescribed by the
| ||
Department of State Police; and
| ||
(2) providing a written explanation of each conviction | ||
to include (i) what happened, (ii) how many years have | ||
passed since the offense, (iii) the individuals involved, | ||
(iv) the age of the applicant at the time of the offense, | ||
and (v) any other circumstances surrounding the offense; | ||
and | ||
(3) providing official documentation showing that all | ||
fines have been paid, if applicable, and the date probation | ||
or parole was satisfactorily completed, if applicable.
The | ||
fee for a fingerprint-based UCIA criminal records
check, | ||
which shall not exceed the actual cost of the record check.
| ||
(a-5) The entity responsible for inspecting, licensing, | ||
certifying, or
registering the health care employer may accept | ||
the results of the
fingerprint-based UCIA criminal records | ||
check instead of the items required by
paragraphs (1) and (2) | ||
of subsection (a).
| ||
(b) The applicant may, but is not required to, submit | ||
employment and character references and any other evidence | ||
demonstrating the ability of the applicant or employee
to | ||
perform the employment responsibilities competently and | ||
evidence that the
applicant or employee does not pose a threat | ||
to the health or safety of
residents, patients, or clients.
The | ||
entity responsible for inspecting, licensing, certifying, or
| ||
registering the health care employer may grant a waiver based | ||
upon any
mitigating circumstances, which may include, but need | ||
not be limited to:
| ||
(1) The age of the individual at which the crime was | ||
committed;
| ||
(2) The circumstances surrounding the crime;
| ||
(3) The length of time since the conviction;
| ||
(4) The applicant or employee's criminal history since | ||
the conviction;
| ||
(5) The applicant or employee's work history;
| ||
(6) The applicant or employee's current employment | ||
references;
| ||
(7) The applicant or employee's character references;
| ||
(8) Nurse aide registry records; and
| ||
(9) Other evidence demonstrating the ability of the | ||
applicant or employee
to perform the employment | ||
responsibilities competently and evidence that the
| ||
applicant or employee does not pose a threat to the health | ||
or safety of
residents, patients, or clients.
| ||
(c) The Department of Public Health
entity responsible for | ||
inspecting, licensing, certifying, or
registering a health | ||
care employer must inform the health care employer
must inform | ||
health care employers if a waiver is being sought by entering a | ||
record on the Health Care Worker Registry that a waiver is | ||
pending and must act upon the waiver request within 30 days
of
| ||
receipt of all necessary information, as defined by rule. | ||
Except in cases where a rehabilitation waiver is granted, a | ||
letter shall be sent to the applicant notifying the applicant | ||
that he or she has received an automatic waiver.
| ||
(d) An individual shall not be employed from the
time that | ||
the employer receives a notification from the Department of | ||
Public Health based upon the results of a fingerprint-based | ||
criminal history records
non-fingerprint check
containing | ||
disqualifying conditions until the time that the individual | ||
receives
a waiver from the Department. If the individual | ||
challenges the
results of the
non-fingerprint check, the | ||
employer may continue to employ the individual if the | ||
individual presents convincing evidence to the
employer that | ||
the non-fingerprint check is invalid. If the individual
| ||
challenges the results of the non-fingerprint check, his or her | ||
identity shall
be validated by a fingerprint-based records | ||
check in accordance with Section
35.
| ||
(e) The entity responsible for inspecting, licensing,
| ||
certifying, or
registering the health care employer and the | ||
Department of Public Health shall be immune from liability for | ||
any
waivers granted under this Section.
| ||
(f) A health care employer is not obligated to employ or | ||
offer
permanent
employment to an applicant, or to retain an | ||
employee who is granted a waiver
under this Section.
| ||
(Source: P.A. 94-665, eff. 1-1-06.)
| ||
(225 ILCS 46/45)
| ||
Sec. 45. Application fees. Except as otherwise provided in | ||
this Act, the
student, applicant, or
employee, other than a | ||
nurse aide, may be required to pay all related
application and | ||
fingerprinting fees
including, but not limited to, the amounts | ||
established by the UCIA to conduct
UCIA criminal history record | ||
checks and the
amounts
established by the Department of State | ||
Police
to process fingerprint-based UCIA criminal history
| ||
records checks. If a
health care employer certified to | ||
participate in the Medicaid program pays the
fees, the fees | ||
shall be
a direct pass-through on the cost report submitted by | ||
the employer to the
Medicaid agency.
| ||
(Source: P.A. 89-197, eff. 7-21-95.)
| ||
(225 ILCS 46/50)
| ||
Sec. 50. Health care employer files. The health care | ||
employer shall
retain on file for a period of
5 years records | ||
of criminal records requests for all employees. The health
care | ||
employer shall retain a copy of the disclosure and | ||
authorization forms, a copy of the livescan request form, all | ||
notifications resulting from the results of the UCIA
| ||
fingerprint-based criminal history records check and waiver, | ||
if appropriate, for the duration of
the individual's | ||
employment. The files shall be
subject to inspection by the | ||
agency
responsible for inspecting, licensing, or certifying | ||
the health care employer.
A fine of up to $500 may be imposed | ||
by the appropriate agency for failure to
maintain these | ||
records. The Department of Public Health must keep an | ||
electronic record of criminal history background checks for an | ||
individual for as long as the individual remains active on the | ||
Health Care Worker Registry.
| ||
(Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)
| ||
(225 ILCS 46/55)
| ||
Sec. 55. Immunity from liability. A health care employer | ||
shall not be
liable for the failure to hire or to retain an | ||
applicant or employee
who has
been convicted of committing or | ||
attempting to commit one or more of the
offenses enumerated in | ||
subsection (a) of Section 25 of this
Act.
However, if an | ||
employee
a health care worker is suspended from employment | ||
based on the
results of a criminal background check conducted | ||
under this Act and the results
prompting the suspension are | ||
subsequently found to be inaccurate, the employee
health
care | ||
worker is entitled to recover backpay from his or her health | ||
care employer
for the suspension period provided that the | ||
employer is the cause of the
inaccuracy. The Department of | ||
Public Health is not liable for any hiring decisions, | ||
suspensions, or terminations.
| ||
No health care employer shall be chargeable for any benefit | ||
charges that
result from the payment of unemployment benefits | ||
to any claimant when the
claimant's separation from that | ||
employer occurred because the claimant's
criminal background | ||
included an offense enumerated in subsection (a) of
Section 25, | ||
or the
claimant's separation from that health care
employer
| ||
occurred as a result of the claimant violating a policy that | ||
the employer was
required to maintain pursuant to the Drug Free | ||
Workplace Act.
| ||
(Source: P.A. 90-441, eff.
1-1-98; 91-598, eff. 1-1-00.)
| ||
(225 ILCS 46/60)
| ||
Sec. 60. Offense.
| ||
(a) Any person whose profession is job counseling who
| ||
knowingly counsels any person who has been convicted of | ||
committing or
attempting to commit any of the offenses | ||
enumerated in subsection (a) of
Section 25 to apply for
a | ||
position with duties involving direct
contact with a client, | ||
patient, or
resident of a health care employer or a position | ||
with duties that involve or may involve contact with residents | ||
or access to the living quarters or the financial, medical, or | ||
personal records of residents of a long-term care facility
| ||
shall be guilty of a Class A misdemeanor
unless a waiver is | ||
granted pursuant to Section 40 of this Act.
| ||
(b) Subsection (a) does not apply to an individual | ||
performing official
duties in connection with the | ||
administration of the State employment service
described in | ||
Section 1705 of the Unemployment Insurance Act.
| ||
(Source: P.A. 91-598, eff. 1-1-00.)
| ||
(225 ILCS 46/25.1 rep.)
| ||
(225 ILCS 46/30 rep.)
| ||
(225 ILCS 46/35 rep.)
| ||
Section 10. The Health Care Worker Background Check Act is | ||
amended by repealing Sections 25.1, 30, and 35.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||