Public Act 90-0776 of the 90th General Assembly
Public Act 90-0776
SB1271 Enrolled LRB9008931NTmb
AN ACT to amend the Health Care Worker Background Check
Act by changing Section 15.
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 Section 15 as follows:
(225 ILCS 46/15)
Sec. 15. Definitions. For the purposes of this Act, the
following definitions apply:
"Applicant" means an individual seeking employment with a
health care employer who has received a bona fide conditional
offer of employment.
"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 State Police indicating that the applicant does
not have a record of conviction of any of the criminal
offenses enumerated in Section 25.
"Direct care" means the provision of nursing care or
assistance with meals, dressing, movement, bathing, or other
personal needs or maintenance, or general supervision and
oversight of the physical and mental well-being of an
individual who is incapable of managing his or her person
whether or not a guardian has been appointed for that
individual.
"Health care employer" means:
(1) the owner or licensee of any of the following:
(i) a community living facility, as defined in the
Community Living Facilities Act;
(ii) a life care facility, as defined in the Life
Care Facilities Act;
(iii) a long-term care facility, as defined in the
Nursing Home Care Act;
(iv) a home health agency, as defined in the Home
Health Agency Licensing Act;
(v) a full hospice, as defined in the Hospice
Program Licensing Act;
(vi) a hospital, as defined in the Hospital
Licensing Act;
(vii) a community residential alternative, as
defined in the Community Residential Alternatives
Licensing Act;
(viii) a nurse agency, as defined in the Nurse
Agency Licensing Act;
(ix) a respite care provider, as defined in the
Respite Program Act;
(x) a supportive living program, as defined in the
Illinois Public Aid Code;
(2) a day training program certified by the Department
of Human Services; or
(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.
"Initiate" means the obtaining of the authorization for a
record check from a student, applicant, or employee. 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.
(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.)