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Public Act 095-0120
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| SB0866 Enrolled |
LRB095 05613 DRJ 25703 b |
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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 Sections 15, 20, 25, 40, 45, 50, 55, and 60 |
and by adding Section 33 as follows:
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(225 ILCS 46/15)
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Sec. 15. Definitions. In
For the purposes of this Act, the |
following
definitions apply:
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"Applicant" means an individual seeking employment 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
State Police 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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"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 |
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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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"Disqualifying offenses" means those offenses set forth in |
Section 25 of this Act. |
"Employee" means any individual hired, employed, or |
retained to which this Act applies. |
"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, as defined in the |
Nursing Home Care Act;
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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 comprehensive 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);
a community residential |
alternative, as defined in the Community
Residential |
Alternatives Licensing Act;
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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 |
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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.
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"Initiate" means the obtaining of the authorization for a |
record check 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 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 |
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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. 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.
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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 |
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under the Nursing Home Care 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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(Source: P.A. 93-878, eff. 1-1-05; 94-379, eff. 1-1-06; 94-570, |
eff. 8-12-05; 94-665, eff. 1-1-06; revised 8-29-05.)
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(225 ILCS 46/20)
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Sec. 20. Exceptions. (1) This Act shall not apply to:
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(1)
(a) an individual who is licensed by the Department |
of Financial and Professional
Regulation or the Department |
of Public Health under another law of this State;
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(2)
(b) an individual employed or retained by a health |
care employer for whom
a
criminal background check is |
required by another law of this State; or
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(3)
(c) a student in a licensed health care field |
including, but not limited
to, a student nurse, a physical |
therapy student, or a respiratory care student
unless he or |
she is (i) employed by a health care employer
in a position |
with duties involving direct care for clients, patients, or
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residents or (ii) employed by a long-term care facility in |
a position that involves or may involve contact with |
residents or access to the living quarters or the |
financial, medical, or personal records of residents.
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(2) A UCIA criminal history records check need not be |
redone by the
University of Illinois Hospital, Chicago (U of I) |
or a program funded by the
Department on Aging through the |
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Community Care Program (CCP) if the U of I or
the CCP: (i) has |
done a UCIA check on the individual; (ii) has continuously
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employed the individual since the UCIA criminal records check |
was done; and
(iii) has taken actions with respect to this Act |
within 12 months after the
effective date of this amendatory |
Act of the 91st General Assembly.
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(Source: P.A. 91-598, eff. 1-1-00.)
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(225 ILCS 46/25)
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Sec. 25. Persons ineligible to be hired by health care |
employers and long-term care facilities.
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(a) In the discretion of the Director of Public Health, as |
soon after
After January 1, 1996, January 1, 1997, January 1, |
2006, or October 1, 2007
or the effective date of this |
amendatory Act of the 94th General Assembly, as applicable, and |
as is reasonably practical, no
health care employer shall |
knowingly hire, employ, or retain any
individual in a position |
with duties involving direct care for clients,
patients, or |
residents, and no long-term care facility shall knowingly hire, |
employ, or retain 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, who has been convicted of committing or |
attempting to
commit one or more of the offenses defined in |
Sections 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, 10-1, 10-2, 10-3, 10-3.1, 10-4,
10-5, 10-7, 11-6, |
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11-9.1, 11-9.5, 11-19.2, 11-20.1, 12-1, 12-2, 12-3, 12-3.1,
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12-3.2, 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, 12-21, 12-21.6, 12-32,
12-33, 16-1, 16-1.3,
16A-3, 17-3, |
18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 20-1, 20-1.1,
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24-1, 24-1.2, 24-1.5, or 33A-2 of the Criminal Code of 1961; |
those provided in
Section 4 of the Wrongs to Children Act; |
those provided in Section 53 of the
Criminal Jurisprudence Act; |
those defined in Section 5, 5.1, 5.2, 7, or 9 of
the Cannabis |
Control Act; those defined in the Methamphetamine Control and |
Community Protection Act; or those defined in Sections 401, |
401.1, 404, 405,
405.1, 407, or 407.1 of the Illinois |
Controlled Substances Act, unless the
applicant or employee |
obtains a waiver pursuant to Section 40.
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(a-1) In the discretion of the Director of Public Health, |
as soon after
After January 1, 2004 or October 1, 2007, as |
applicable, and as is reasonably practical, no health care |
employer shall knowingly hire
any individual in a position with |
duties involving direct care for clients,
patients, or |
residents, and no long-term care facility shall knowingly hire |
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, |
who has (i) been convicted of committing or attempting
to |
commit one or more of the offenses defined in Section 12-3.3, |
12-4.2-5,
16-2, 16G-15, 16G-20, 18-5, 20-1.2, 24-1.1, |
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24-1.2-5, 24-1.6, 24-3.2, or 24-3.3
of the Criminal Code of |
1961; Section 4, 5, 6, 8, or 17.02 of the Illinois
Credit Card |
and Debit Card Act; or Section 5.1 of the Wrongs to Children |
Act;
or (ii) violated Section 10-5 of the Nursing and Advanced |
Practice Nursing Act, unless the applicant or employee obtains |
a waiver pursuant to Section 40 of this Act.
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A UCIA criminal history record check need not be redone for |
health care
employees who have been continuously employed by a |
health care employer since
January 1, 2004, but nothing in this |
Section prohibits a health care employer
from initiating a |
criminal history check for these employees.
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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.
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(b) A health care employer shall not hire, employ, or |
retain 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 |
any individual in a position with duties that involve or may |
involve
contact with residents or access to the living quarters |
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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
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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.
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(Source: P.A. 93-224, eff. 7-18-03; 94-556, eff. 9-11-05; |
94-665, eff. 1-1-06; 94-1053, eff. 7-24-06.)
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(225 ILCS 46/33 new) |
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 |
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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.
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(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 must 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 local governmental agency. Each individual shall |
submit his or her fingerprints to the Department of State |
Police in an electronic format that complies with the form and |
manner for requesting and furnishing criminal history record |
information prescribed by the Department of State Police. The |
fingerprints submitted under this Section shall be checked |
against the fingerprint records now and hereafter filed in the |
Department of State Police criminal history record databases. |
The Department of State Police shall charge a fee for |
conducting the criminal history records check, which shall not |
exceed the actual cost of the records check. The livescan |
vendor may act as the designee for individuals, educational |
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entities, or health care employers in the collection of |
Department of State Police fees and deposit those fees into the |
State Police Services Fund. The Department of 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 must initiate a fingerprint-based criminal history |
records check requested by the Department of Public Health |
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 must 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. |
(e) When initiating a background check requested by the
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Department of Public Health, an educational entity or health |
care employer 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 |
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Health within 2 working days after the authorization is |
secured. The student, applicant, or employee must have his or |
her fingerprints collected electronically and transmitted to |
the Department of State Police within 10 working days. The |
educational entity or health care employer must transmit all |
necessary information and fees to the livescan vendor and |
Department of 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 requested by the Department of Public Health |
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 requestor shall be entered in the Health Care |
Worker Registry. |
(g) As long as the employee has had a fingerprint-based |
criminal history record check requested by the Department of |
Public Health and stays active on the Health Care Worker |
Registry, no further criminal history record checks shall be |
deemed necessary, as the Department of State Police shall |
notify the Department of Public Health of any additional |
convictions associated with the fingerprints previously |
submitted. Health care employers are required to check the |
Health Care Worker Registry before hiring an employee to |
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determine that the individual has had a fingerprint-based |
record check requested by the Department of Public Health 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 must 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 nurse aide 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 nurse |
aide 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 Department of 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 |
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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 must provide an employment verification for each |
employee no less than annually. The direct care employer or its |
designee must log into the Health Care Worker Registry through |
a secure login. The health care employer or its designee must |
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. For health care employers |
that are not licensed or certified, 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 Department of State Police.
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(j) The Department of Public Health shall notify each
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health care employer or long-term care facility inquiring as to |
the information on the Health Care Worker Registry if the |
applicant or employee listed on the registry has a |
disqualifying offense and is therefore ineligible to work or |
has a waiver pursuant to Section 40 of this Act. |
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(k) The student, applicant, or employee must 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 requested |
by the Department of Public Health of the student, |
applicant, or employee pursuant to this Act. |
(2) That the student, applicant, or employee has a
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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 Department of 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,
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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. |
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(5) That the employee shall be terminated if the
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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
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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.
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(225 ILCS 46/40)
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Sec. 40. Waiver.
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(a) Any student, applicant, or employee listed on the |
Health Care Worker Registry
An applicant, employee, or nurse |
aide may request a waiver of the
prohibition against
employment |
by submitting the following information to the entity |
responsible
for inspecting, licensing, certifying, or |
|
registering the health care employer
within 5 working days |
after the receipt of the criminal records
report:
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(1) completing a waiver application on a form |
prescribed by the Department of Public Health;
Information |
necessary to initiate a fingerprint-based UCIA
criminal |
records check in a form and manner prescribed by the
|
Department of State Police; and
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(2) providing a written explanation of each conviction |
to include (i) what happened, (ii) how many years have |
passed since the offense, (iii) the individuals involved, |
(iv) the age of the applicant at the time of the offense, |
and (v) any other circumstances surrounding the offense; |
and |
(3) providing official documentation showing that all |
fines have been paid, if applicable, and the date probation |
or parole was satisfactorily completed, if applicable.
The |
fee for a fingerprint-based UCIA criminal records
check, |
which shall not exceed the actual cost of the record check.
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(a-5) The entity responsible for inspecting, licensing, |
certifying, or
registering the health care employer may accept |
the results of the
fingerprint-based UCIA criminal records |
check instead of the items required by
paragraphs (1) and (2) |
of subsection (a).
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(b) The applicant may, but is not required to, submit |
employment and character references and any other evidence |
demonstrating the ability of the applicant or employee
to |
|
perform the employment responsibilities competently and |
evidence that the
applicant or employee does not pose a threat |
to the health or safety of
residents, patients, or clients.
The |
entity responsible for inspecting, licensing, certifying, or
|
registering the health care employer may grant a waiver based |
upon any
mitigating circumstances, which may include, but need |
not be limited to:
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(1) The age of the individual at which the crime was |
committed;
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(2) The circumstances surrounding the crime;
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(3) The length of time since the conviction;
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(4) The applicant or employee's criminal history since |
the conviction;
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(5) The applicant or employee's work history;
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(6) The applicant or employee's current employment |
references;
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(7) The applicant or employee's character references;
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(8) Nurse aide registry records; and
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(9) Other evidence demonstrating the ability of the |
applicant or employee
to perform the employment |
responsibilities competently and evidence that the
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applicant or employee does not pose a threat to the health |
or safety of
residents, patients, or clients.
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(c) The Department of Public Health
entity responsible for |
inspecting, licensing, certifying, or
registering a health |
care employer must inform the health care employer
must inform |
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health care employers if a waiver is being sought by entering a |
record on the Health Care Worker Registry that a waiver is |
pending and must act upon the waiver request within 30 days
of
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receipt of all necessary information, as defined by rule. |
Except in cases where a rehabilitation waiver is granted, a |
letter shall be sent to the applicant notifying the applicant |
that he or she has received an automatic waiver.
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(d) An individual shall not be employed from the
time that |
the employer receives a notification from the Department of |
Public Health based upon the results of a fingerprint-based |
criminal history records
non-fingerprint check
containing |
disqualifying conditions until the time that the individual |
receives
a waiver from the Department. If the individual |
challenges the
results of the
non-fingerprint check, the |
employer may continue to employ the individual if the |
individual presents convincing evidence to the
employer that |
the non-fingerprint check is invalid. If the individual
|
challenges the results of the non-fingerprint check, his or her |
identity shall
be validated by a fingerprint-based records |
check in accordance with Section
35.
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(e) The entity responsible for inspecting, licensing,
|
certifying, or
registering the health care employer and the |
Department of Public Health shall be immune from liability for |
any
waivers granted under this Section.
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(f) A health care employer is not obligated to employ or |
offer
permanent
employment to an applicant, or to retain an |
|
employee who is granted a waiver
under this Section.
|
(Source: P.A. 94-665, eff. 1-1-06.)
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(225 ILCS 46/45)
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Sec. 45. Application fees. Except as otherwise provided in |
this Act, the
student, applicant, or
employee, other than a |
nurse aide, may be required to pay all related
application and |
fingerprinting fees
including, but not limited to, the amounts |
established by the UCIA to conduct
UCIA criminal history record |
checks and the
amounts
established by the Department of State |
Police
to process fingerprint-based UCIA criminal history
|
records checks. If a
health care employer certified to |
participate in the Medicaid program pays the
fees, the fees |
shall be
a direct pass-through on the cost report submitted by |
the employer to the
Medicaid agency.
|
(Source: P.A. 89-197, eff. 7-21-95.)
|
(225 ILCS 46/50)
|
Sec. 50. Health care employer files. The health care |
employer shall
retain on file for a period of
5 years records |
of criminal records requests for all employees. The health
care |
employer shall retain a copy of the disclosure and |
authorization forms, a copy of the livescan request form, all |
notifications resulting from the results of the UCIA
|
fingerprint-based criminal history records check and waiver, |
if appropriate, for the duration of
the individual's |
|
employment. The files shall be
subject to inspection by the |
agency
responsible for inspecting, licensing, or certifying |
the health care employer.
A fine of up to $500 may be imposed |
by the appropriate agency for failure to
maintain these |
records. The Department of Public Health must keep an |
electronic record of criminal history background checks for an |
individual for as long as the individual remains active on the |
Health Care Worker Registry.
|
(Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)
|
(225 ILCS 46/55)
|
Sec. 55. Immunity from liability. A health care employer |
shall not be
liable for the failure to hire or to retain an |
applicant or employee
who has
been convicted of committing or |
attempting to commit one or more of the
offenses enumerated in |
subsection (a) of Section 25 of this
Act.
However, if an |
employee
a health care worker is suspended from employment |
based on the
results of a criminal background check conducted |
under this Act and the results
prompting the suspension are |
subsequently found to be inaccurate, the employee
health
care |
worker is entitled to recover backpay from his or her health |
care employer
for the suspension period provided that the |
employer is the cause of the
inaccuracy. The Department of |
Public Health is not liable for any hiring decisions, |
suspensions, or terminations.
|
No health care employer shall be chargeable for any benefit |
|
charges that
result from the payment of unemployment benefits |
to any claimant when the
claimant's separation from that |
employer occurred because the claimant's
criminal background |
included an offense enumerated in subsection (a) of
Section 25, |
or the
claimant's separation from that health care
employer
|
occurred as a result of the claimant violating a policy that |
the employer was
required to maintain pursuant to the Drug Free |
Workplace Act.
|
(Source: P.A. 90-441, eff.
1-1-98; 91-598, eff. 1-1-00.)
|
(225 ILCS 46/60)
|
Sec. 60. Offense.
|
(a) Any person whose profession is job counseling who
|
knowingly counsels any person who has been convicted of |
committing or
attempting to commit any of the offenses |
enumerated in subsection (a) of
Section 25 to apply for
a |
position with duties involving direct
contact with a client, |
patient, or
resident of a health care employer or 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 of a long-term care facility
|
shall be guilty of a Class A misdemeanor
unless a waiver is |
granted pursuant to Section 40 of this Act.
|
(b) Subsection (a) does not apply to an individual |
performing official
duties in connection with the |
administration of the State employment service
described in |