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| Public Act 102-0226 | ||||
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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 Section 15 as follows:
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(225 ILCS 46/15)
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Sec. 15. Definitions. In this Act:
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"Applicant" means an individual enrolling in a training | ||||
program, seeking employment, whether paid or on a volunteer | ||||
basis, 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 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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"Department" means the Department of Public Health. | ||||
"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
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interpreting this definition with regard to the health care | ||
employers that it
licenses.
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"Director" means the Director of Public Health. | ||
"Disqualifying offenses" means those offenses set forth in | ||
Section 25 of this Act. | ||
"Employee" means any individual hired, employed, or | ||
retained, whether paid or on a volunteer basis, to which this | ||
Act applies. | ||
"Finding" means the Department's determination of whether | ||
an allegation is verified and substantiated. | ||
"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;
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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 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);
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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; or .
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(5) the Department of Corrections or a third-party | ||
vendor employing certified nursing assistants working with | ||
the Department of Corrections. | ||
"Initiate" means obtaining 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 List of | ||
Excluded Individuals and Entities database on 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.
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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, the Specialized Mental Health | ||
Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||
the MC/DD 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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"Resident" means a person, individual, or patient under | ||
the direct care of a health care employer or who has been | ||
provided goods or services by a health care employer. | ||
(Source: P.A. 100-432, eff. 8-25-17; 101-176, eff. 7-31-19.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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