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| Public Act 100-0297 | ||||
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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 Nursing Home Care Act is amended by changing | ||||
Section 3-206 as follows:
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(210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206)
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Sec. 3-206.
The Department shall prescribe a curriculum for | ||||
training
nursing assistants, habilitation aides, and child | ||||
care aides.
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(a) No person, except a volunteer who receives no | ||||
compensation from a
facility and is not included for the | ||||
purpose of meeting any staffing
requirements set forth by the | ||||
Department, shall act as a nursing assistant,
habilitation | ||||
aide, or child care aide in a facility, nor shall any person, | ||||
under any
other title, not licensed, certified, or registered | ||||
to render medical care
by the Department of Professional | ||||
Regulation, assist with the
personal, medical, or nursing care | ||||
of residents in a facility, unless such
person meets the | ||||
following requirements:
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(1) Be at least 16 years of age, of temperate habits | ||||
and good moral
character, honest, reliable and | ||||
trustworthy.
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(2) Be able to speak and understand the English | ||||
language or a language
understood by a substantial | ||
percentage of the facility's residents.
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(3) Provide evidence of employment or occupation, if | ||
any, and residence
for 2 years prior to his present | ||
employment.
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(4) Have completed at least 8 years of grade school or | ||
provide proof of
equivalent knowledge.
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(5) Begin a current course of training for nursing | ||
assistants,
habilitation aides, or child care aides, | ||
approved by the Department, within 45 days of initial
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employment in the capacity of a nursing assistant, | ||
habilitation aide, or
child care aide
at any facility. Such | ||
courses of training shall be successfully completed
within | ||
120 days of initial employment in the capacity of nursing | ||
assistant,
habilitation aide, or child care aide at a | ||
facility. Nursing assistants, habilitation
aides, and | ||
child care aides who are enrolled in approved courses in | ||
community
colleges or other educational institutions on a | ||
term, semester or trimester
basis, shall be exempt from the | ||
120 day completion time limit. The
Department shall adopt | ||
rules for such courses of training.
These rules shall | ||
include procedures for facilities to
carry on an approved | ||
course of training within the facility. The Department | ||
shall allow an individual to satisfy the supervised | ||
clinical experience requirement for placement on the | ||
Health Care Worker Registry under 77 Ill. Adm. Code 300.663 | ||
through supervised clinical experience at an assisted | ||
living establishment licensed under the Assisted Living | ||
and Shared Housing Act. The Department shall adopt rules | ||
requiring that the Health Care Worker Registry include | ||
information identifying where an individual on the Health | ||
Care Worker Registry received his or her clinical training.
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The Department may accept comparable training in lieu | ||
of the 120 hour
course for student nurses, foreign nurses, | ||
military personnel, or employes of
the Department of Human | ||
Services.
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The facility shall develop and implement procedures, | ||
which shall be
approved by the Department, for an ongoing | ||
review process, which shall take
place within the facility, | ||
for nursing assistants, habilitation aides, and
child care | ||
aides.
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At the time of each regularly scheduled licensure | ||
survey, or at the time
of a complaint investigation, the | ||
Department may require any nursing
assistant, habilitation | ||
aide, or child care aide to demonstrate, either through | ||
written
examination or action, or both, sufficient | ||
knowledge in all areas of
required training. If such | ||
knowledge is inadequate the Department shall
require the | ||
nursing assistant, habilitation aide, or child care aide to | ||
complete inservice
training and review in the facility | ||
until the nursing assistant, habilitation
aide, or child | ||
care aide demonstrates to the Department, either through | ||
written
examination or action, or both, sufficient | ||
knowledge in all areas of
required training.
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(6) Be familiar with and have general skills related to | ||
resident care.
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(a-0.5) An educational entity, other than a secondary | ||
school, conducting a
nursing assistant, habilitation aide, or | ||
child care aide
training program
shall initiate a criminal | ||
history record check in accordance with the Health Care Worker | ||
Background Check Act prior to entry of an
individual into the | ||
training program.
A secondary school may initiate a criminal | ||
history record check in accordance with the Health Care Worker | ||
Background Check Act at any time during or after a training | ||
program.
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(a-1) Nursing assistants, habilitation aides, or child | ||
care aides seeking to be included on the registry maintained | ||
under Section 3-206.01 on or
after January 1, 1996 must | ||
authorize the Department of Public Health or its
designee
to | ||
request a criminal history record check in accordance with the | ||
Health Care Worker Background Check Act and submit all | ||
necessary
information. An individual may not newly be included | ||
on the registry unless a criminal history record check has been | ||
conducted with respect to the individual.
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(b) Persons subject to this Section shall perform their | ||
duties under the
supervision of a licensed nurse.
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(c) It is unlawful for any facility to employ any person in | ||
the capacity
of nursing assistant, habilitation aide, or child | ||
care aide, or under any other title, not
licensed by the State | ||
of Illinois to assist in the personal, medical, or
nursing care | ||
of residents in such facility unless such person has complied
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with this Section.
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(d) Proof of compliance by each employee with the | ||
requirements set out
in this Section shall be maintained for | ||
each such employee by each facility
in the individual personnel | ||
folder of the employee. Proof of training shall be obtained | ||
only from the health care worker registry.
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(e) Each facility shall obtain access to the health care | ||
worker registry's web application, maintain the employment and | ||
demographic information relating to each employee, and verify | ||
by the category and type of employment that
each employee | ||
subject to this Section meets all the requirements of this
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Section.
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(f) Any facility that is operated under Section 3-803 shall | ||
be
exempt
from the requirements of this Section.
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(g) Each skilled nursing and intermediate care facility | ||
that
admits
persons who are diagnosed as having Alzheimer's | ||
disease or related
dementias shall require all nursing | ||
assistants, habilitation aides, or child
care aides, who did | ||
not receive 12 hours of training in the care and
treatment of | ||
such residents during the training required under paragraph
(5) | ||
of subsection (a), to obtain 12 hours of in-house training in | ||
the care
and treatment of such residents. If the facility does | ||
not provide the
training in-house, the training shall be | ||
obtained from other facilities,
community colleges or other | ||
educational institutions that have a
recognized course for such | ||
training. The Department shall, by rule,
establish a recognized | ||
course for such training. The Department's rules shall provide | ||
that such
training may be conducted in-house at each facility | ||
subject to the
requirements of this subsection, in which case | ||
such training shall be
monitored by the Department.
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The Department's rules shall also provide for | ||
circumstances and procedures
whereby any person who has | ||
received training that meets
the
requirements of this | ||
subsection shall not be required to undergo additional
training | ||
if he or she is transferred to or obtains employment at a
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different facility or a facility other than a long-term care | ||
facility but remains continuously employed for pay as a nursing | ||
assistant,
habilitation aide, or child care aide. Individuals
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who have performed no nursing or nursing-related services
for a | ||
period of 24 consecutive months shall be listed as "inactive"
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and as such do not meet the requirements of this Section. | ||
Licensed sheltered care facilities
shall be
exempt from the | ||
requirements of this Section.
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(Source: P.A. 96-1372, eff. 7-29-10.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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