Public Act 90-0776 of the 90th General Assembly

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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
    "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.)

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