Public Act 103-0428
 
HB2102 EnrolledLRB103 25089 AMQ 51424 b


  
    AN ACT concerning regulation.
  
 
    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 Sections 25 and 33 as follows:
 


    (225 ILCS 46/25)




    Sec. 25. Hiring of people with criminal records by health 
care employers and long-term care facilities. 

    (a) A health care employer or long-term care facility may 
hire, employ, or retain any individual in a position involving 
direct care for clients, patients, or residents, or access to 
the living quarters or the financial, medical, or personal 
records of clients, patients, or residents who has been 
convicted of committing or attempting to commit one or more of 
the following offenses under the laws of this State, or of an 
offense that is substantially equivalent to the following 
offenses under the laws of any other state or of the laws of 
the United States, as verified by court records, records from 
a state agency, or a Federal Bureau of Investigation criminal 
history records check, only with a waiver described in Section 
40: those defined in Sections 8-1(b), 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, 9-3.4, 10-1, 
10-2, 10-3, 10-3.1, 10-4,
10-5, 10-7, 11-1.20, 11-1.30, 
11-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1, 11-9.2, 11-9.3, 
11-9.4-1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, 
12-2, 12-3.05, 12-3.1,
12-3.2, 12-3.3, 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, 12-20.5, 12-21, 12-21.5, 
12-21.6, 12-32,
12-33, 12C-5, 12C-10, 16-1, 16-1.3, 16-25,

16A-3, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 
19-4, 19-6, 20-1, 20-1.1,
24-1, 24-1.2, 24-1.5, 24-1.8, 
24-3.8, or 33A-2, or subdivision (a)(4) of Section 11-14.4, or 
in subsection (a) of Section 12-3 or subsection (a) or (b) of 
Section 12-4.4a, of the Criminal Code of 1961 or the Criminal 
Code of 2012; those provided in
Section 4 of the Wrongs to 
Children Act; those provided in Section 53 of the
Criminal 
Jurisprudence Act; those defined in subsection (c), (d), (e), 
(f), or (g) of Section 5 or Section 5.1, 5.2, 7, or 9 of
the 
Cannabis Control Act; those defined in the Methamphetamine 
Control and Community Protection Act; those defined in 
Sections 401, 401.1, 404, 405,
405.1, 407, or 407.1 of the 
Illinois Controlled Substances Act; or subsection (a) of 
Section 3.01, Section 3.02, or Section 3.03 of the Humane Care 
for Animals Act.

    (a-1) A health care employer or long-term care facility 
may hire, employ, or retain any individual in a position 
involving direct care for clients, patients, or residents, or 
access to the living quarters or the financial, medical, or 
personal records of clients, patients, or  residents who has 
been convicted of committing or attempting to commit one or 
more of the following offenses under the laws of this State, or 
of an offense that is substantially equivalent to the 
following offenses under the laws of any other state or of the 
laws of the United States, as verified by court records, 
records from a state agency, or a Federal Bureau of 
Investigation criminal history records check, only with a 
waiver described in Section 40: those offenses defined in 
Section 12-3.3, 12-4.2-5,
16-2, 16-30, 16G-15, 16G-20, 17-33, 
17-34, 17-36, 17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 
24-3.2, or 24-3.3, or subsection (b) of Section 17-32, 
subsection (b) of Section 18-1, or subsection (b) of Section 
20-1,
of the Criminal Code of 1961 or the Criminal Code of 
2012; Section 4, 5, 6, 8, or 17.02 of the Illinois
Credit Card 
and Debit Card Act; or Section 11-9.1A of the Criminal Code of 
1961 or the Criminal Code of 2012 or Section 5.1 of the Wrongs 
to Children Act;
or (ii) violated Section 50-50 of the Nurse 
Practice Act.

    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.

    (b) A health care employer shall not hire, employ, or 
retain, whether paid or on a volunteer basis, 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, whether paid or on a 
volunteer basis, 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
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.

    (c) A health care employer shall not hire, employ, or 
retain, whether paid or on a volunteer basis, any individual 
in a position with duties involving direct care of clients, 
patients, or residents, who has a finding by the Department of 
abuse, neglect, misappropriation of property, or theft denoted 
on the Health Care Worker Registry. 
    (d) A health care employer shall not hire, employ, or 
retain, whether paid or on a volunteer basis, any individual 
in a position with duties involving direct care of clients, 
patients, or residents if the individual has a verified and 
substantiated finding of abuse, neglect, or financial 
exploitation, as identified within the Adult Protective 
Service Registry established under Section 7.5 of the Adult 
Protective Services Act. 
    (e) A health care employer shall not hire, employ, or 
retain, whether paid or on a volunteer basis, any individual 
in a position with duties involving direct care of clients, 
patients, or residents who has a finding by the Department of 
Human Services of physical or sexual abuse, financial 
exploitation, or egregious neglect of an individual denoted on 
the Health Care Worker Registry. 
(Source: P.A. 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.)
 
    (225 ILCS 46/33)
    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 shall 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 governmental agency. Each 
individual shall submit his or her fingerprints to the 
Illinois State Police in an electronic format that complies 
with the form and manner for requesting and furnishing 
criminal history record information prescribed by the Illinois 
State Police. Such fingerprints shall be transmitted through a 
livescan fingerprint vendor licensed by the Department of 
Financial and Professional Regulation.  The fingerprints 
submitted under this Section shall be checked against the 
Illinois  State Police and Federal Bureau of Investigation 
criminal history record databases, now and hereafter filed, 
including, but  not limited to, civil, criminal, and latent 
fingerprint databases.  the fingerprint records now and 
hereafter filed in the Illinois  State Police criminal history 
record databases. The Illinois State Police shall charge a fee 
for conducting the criminal history records check, which shall 
be deposited into the State Police Services Fund and shall  not 
exceed the actual cost of the records check. The Illinois 
State Police shall furnish, pursuant to positive 
identification, records of Illinois convictions and shall 
forward the national criminal history record information to 
the department or agency. The Illinois State Police shall 
forward the applicant's fingerprints to the Federal Bureau of 
Investigation.  The Illinois State Police shall request that 
the Federal Bureau of Investigation conduct a national 
criminal history pertaining to the applicant  The livescan 
vendor may act as the designee for individuals, educational 
entities, or health care employers in the collection of 
Illinois State Police fees and deposit those fees into the 
State Police Services Fund.  The Illinois  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 shall initiate a fingerprint-based criminal history 
records check required by this Act 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 shall 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. Workforce intermediaries 
and organizations providing pro bono legal services may 
initiate a fingerprint-based criminal history record check if 
a conditional offer of employment has not been made and a 
background check has not been previously conducted for an 
individual who has a disqualifying conviction and is receiving 
services from a workforce intermediary or an organization 
providing pro bono legal services.
    (e) When initiating a background check requested by the

Department of Public Health, an educational entity, health 
care employer, workforce intermediary, or organization that 
provides pro bono legal services 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 shall have his or her fingerprints 
collected electronically and transmitted to the Illinois  State 
Police within 10 working days. The educational entity, health 
care employer, workforce intermediary, or organization that 
provides pro bono legal services shall transmit all necessary 
information and fees to the livescan vendor and Illinois 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 required by this Act 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 requester shall be entered in the Health 
Care Worker Registry.
    (g) As long as the employee or trainee has had a 
fingerprint-based criminal history record check required by 
this Act and stays active on the Health Care Worker Registry, 
no further criminal history record checks are required, as the 
Illinois State Police shall notify the Department of Public 
Health of any additional convictions associated with the 
fingerprints previously submitted.  Health care employers shall 
check the Health Care Worker Registry before hiring an 
employee to determine that the individual has had a 
fingerprint-based record check required by this Act 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 shall 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 nursing assistant 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 nursing assistant 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 Illinois 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 shall provide an employment verification for each 
employee no less than annually.  The direct care employer or 
its designee shall log into the Health Care Worker Registry 
through a secure login. The health care employer or its 
designee shall 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. 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 Illinois State 
Police.

    (j) In the event that an applicant or employee has a waiver 
for one or more disqualifying offenses pursuant to Section 40 
of this Act and he or she is otherwise eligible to work, the 
Health Care Worker Registry shall indicate that the applicant 
or employee is eligible to work and that additional 
information is available on the Health Care Worker Registry. 
The Health Care Worker Registry may indicate that the 
applicant or employee has received a waiver.
    (k) The student, applicant, or employee shall 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 required 
    by this Act of the student, applicant, or employee.
        (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 Illinois 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.

    (n) As used in this Section:
    "Workforce intermediaries" means organizations that 
function to provide job training and employment services. 
Workforce intermediaries include institutions of higher 
education, faith-based and community organizations, and 
workforce investment boards.
    "Organizations providing pro bono legal services" means 
legal services performed without compensation or at a 
significantly reduced cost to the recipient that provide 
services designed to help individuals overcome statutory 
barriers that would prevent them from entering positions in 
the healthcare industry. 
(Source: P.A. 101-176, eff. 7-31-19; 102-538, eff. 8-20-21.)