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91_SB1114
LRB9102450ACtm
1 AN ACT regarding health care professionals.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Nursing Home Care Act is amended by
5 changing Sections 3-206, 3-206.01, and 3-206.02 as follows:
6 (210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206)
7 Sec. 3-206. The Department shall prescribe a curriculum
8 for training nursing assistants, habilitation aides, and
9 child care aides. nurse's aides, orderlies and nurse
10 technicians.
11 (a) No person, except a volunteer who receives no
12 compensation from a facility and is not included for the
13 purpose of meeting any staffing requirements set forth by the
14 Department, shall act as a nursing assistant, habilitation
15 aide, or child care aide nurse's aide, orderly or nurse
16 technician in a facility, nor shall any person, under any
17 other title, not licensed, certified, or registered to render
18 medical care by the Department of Professional Regulation,
19 assist with the personal, medical, or nursing care of
20 residents in a facility, unless such person meets the
21 following requirements:
22 (1) Be at least 16 years of age, of temperate
23 habits and good moral character, honest, reliable and
24 trustworthy;
25 (2) Be able to speak and understand the English
26 language or a language understood by a substantial
27 percentage of the facility's residents;
28 (3) Provide evidence of employment or occupation,
29 if any, and residence for 2 years prior to his present
30 employment;
31 (4) Have completed at least 8 years of grade school
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1 or provide proof of equivalent knowledge;
2 (5) Begin a current course of training for nursing
3 assistants, habilitation aides, or child care aides
4 nurse's aides, orderlies and nurse technicians, approved
5 by the Department, within 45 days of initial employment
6 in the capacity of a nursing assistant, habilitation
7 aide, or child care aide nurse's aide, orderly or nurse
8 technician at any facility. Such courses of training
9 shall be successfully completed within 120 days of
10 initial employment in the capacity of nursing assistant,
11 habilitation aide, or child care aide nurse's aide,
12 orderly or nurse technician at a facility. Nursing
13 assistants, habilitation aides, and child care aides
14 Nurse's aides, orderlies and nurse technicians who are
15 enrolled in approved courses in community colleges or
16 other educational institutions on a term, semester or
17 trimester basis, shall be exempt from the 120 day
18 completion time limit. The Department shall adopt rules
19 and regulations for such courses of training. These
20 rules and regulations shall include procedures for
21 facilities to carry on an approved course of training
22 within the facility.
23 The Department may accept comparable training in
24 lieu of the 120 hour course for student nurses, foreign
25 nurses, military personnel, or employes of the Department
26 of Human Services. However, no person who on the
27 effective date of this Act has been continuously employed
28 at the same facility for one year or has been employed at
29 more than one facility for 2 years as a nurse's aide,
30 orderly or nurse technician shall be required to complete
31 such a course of training, and no student intern shall be
32 required to complete a course of training.
33 Any person who is or will be employed as a nurse's
34 aide, orderly or nurse technician in a facility may elect
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1 to take a proficiency examination. Upon successful
2 completion of such proficiency examination, no person who
3 is or will be employed as a nurse's aide, orderly or
4 nurse technician shall be required to complete a course
5 of training as required by this Section. The Department
6 may, by rule, establish a recognized course which may be
7 taught in a facility. Persons enrolled in such course
8 shall be required to successfully complete the
9 proficiency examination within 120 days after the
10 commencement of employment. The Department shall adopt
11 rules and regulations governing the composition and
12 administration of such proficiency examinations.
13 The facility shall develop and implement procedures,
14 which shall be approved by the Department, for an ongoing
15 review process, which shall take place within the
16 facility, for nursing assistants, habilitation aides, and
17 child care aides nurse's aides, orderlies and nurse
18 technicians.
19 At the time of each regularly scheduled licensure
20 survey, or at the time of a complaint investigation, the
21 Department may require any nursing assistant,
22 habilitation aide, or child care aide nurse's aide,
23 orderly or nurse technician who is required to be trained
24 under this Section or who has successfully completed a
25 proficiency examination as described in this Section, to
26 demonstrate, either through written examination or
27 action, or both, sufficient knowledge in all areas of
28 required training. If such knowledge is inadequate the
29 Department shall require the nursing assistant,
30 habilitation aide, or child care aide nurse's aide,
31 orderly or nurse technician to complete inservice
32 training and review in the facility until the nursing
33 assistant, habilitation aide, or child care aide nurse's
34 aide, orderly or nurse technician demonstrates to the
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1 Department, either through written examination or action,
2 or both, sufficient knowledge in all areas of required
3 training; and
4 (6) Be familiar with and have general skills
5 related to resident care.
6 (a-0.5) An educational entity, other than a secondary
7 school, conducting a nursing assistant, habilitation aide, or
8 child care aide nurse aide training program shall initiate a
9 UCIA criminal history record check prior to entry of an
10 individual into the training program. A secondary school may
11 initiate a UCIA criminal history record check prior to the
12 entry of an individual into a training program.
13 (a-1) Nursing assistants, habilitation aides, or child
14 care aides Nurse aides seeking to be included on the nurse
15 aide registry on or after January 1, 1996 must authorize the
16 Department of Public Health or its designee that tests
17 nursing assistants nurse aides to request a UCIA criminal
18 history check and submit all necessary information.
19 (b) Persons subject to this Section shall perform their
20 duties under the supervision of a nurse.
21 (c) It is unlawful for any facility to employ any person
22 in the capacity of nursing assistant, habilitation aide, or
23 child care aide nurse's aide, orderly or nurse technician, or
24 under any other title, not licensed by the State of Illinois
25 to assist in the personal, medical, or nursing care of
26 residents in such facility unless such person has complied
27 with this Section.
28 (d) Proof of compliance by each employee with the
29 requirements set out in this Section shall be maintained for
30 each such employee by each facility in the individual
31 personnel folder of the employee.
32 (e) Each facility shall certify to the Department on a
33 form provided by the Department the name and residence
34 address of each employee, and that each employee subject to
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1 this Section meets all the requirements of this Section.
2 (f) Any facility that which is operated under Section
3 3-803 shall be exempt from the requirements of this Section.
4 (g) Each skilled nursing and intermediate care facility
5 that which admits persons who are diagnosed as having
6 Alzheimer's disease or related dementias shall require all
7 nursing assistants, habilitation aides, or child care aides
8 nurse's aides, orderlies and nurse technicians, who did not
9 receive 12 hours of training in the care and treatment of
10 such residents during the training required under paragraph
11 (5) of subsection (a), to obtain 12 hours of in-house
12 training in the care and treatment of such residents. If the
13 facility does not provide the training in-house, the training
14 shall be obtained from other facilities, community colleges
15 or other educational institutions that which have a
16 recognized course for such training. The Department shall,
17 by rule, establish a recognized course for such training;
18 however, no such additional hours of training shall be
19 required of any nurse's aide, orderly or nurse technician
20 employed in such capacity on the effective date of this
21 amendatory Act of 1987. The Department's rules shall provide
22 that such training may be conducted in-house at each facility
23 subject to the requirements of this subsection, in which case
24 such training shall be monitored by the Department.
25 The Department's rules shall also provide for
26 circumstances and procedures whereby any person who has
27 received such training that which meets the requirements of
28 this subsection shall not be required to undergo additional
29 training if he or she is transferred to or obtains employment
30 at a different facility but remains continuously employed as
31 a nursing assistant, habilitation aide, or child care aide
32 nurse's aide, orderly or nurse technician. Licensed
33 sheltered care facilities shall be exempt from the
34 requirements of this Section.
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1 (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)
2 (210 ILCS 45/3-206.01) (from Ch. 111 1/2, par.
3 4153-206.01)
4 Sec. 3-206.01. The Department shall establish and
5 maintain a registry of all individuals who have
6 satisfactorily completed the training required by Section
7 3-206 and who have not been disqualified pursuant to the
8 Health Care Background Check Act. The registry shall include
9 the name of the nursing assistant, habilitation aide, or
10 child care aide nurse aide, his or her current address,
11 Social Security number, and the date and location of the
12 training course completed by the individual aide, and the
13 date of the individual's nurse aide's last criminal records
14 check. Any individual nurse aide placed on the registry is
15 required to inform the Department of any change of address
16 within 30 days. A facility shall not employ an individual as
17 a nursing assistant, habilitation aide, or child care aide
18 nurse aide unless the facility has inquired of the Department
19 as to information in the registry concerning the individual
20 and shall not employ anyone not on the registry unless the
21 individual is enrolled in a training program under paragraph
22 (5) of subsection (a) of Section 3-206 of this Act.
23 If the Department finds that a nursing assistant,
24 habilitation aide, or child care aide nurse aide has abused a
25 resident, neglected a resident, or misappropriated resident
26 property in a facility, the Department shall notify the
27 individual nurse aide of this finding by certified mail sent
28 to the address contained in the registry. The notice shall
29 give the individual nurse aide an opportunity to contest the
30 finding in a hearing before the Department or to submit a
31 written response to the findings in lieu of requesting a
32 hearing. If, after a hearing or if the individual nurse aide
33 does not request a hearing, the Department finds that the
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1 individual nurse aide abused a resident, neglected a
2 resident, or misappropriated resident property in a facility,
3 the finding shall be included as part of the nurse aide
4 registry as well as a brief statement from the individual,
5 nurse aide if he or she chooses to make such a statement. The
6 Department shall make available to the public information in
7 the registry available to the public. In the case of
8 inquiries to the registry concerning an individual listed in
9 the registry, any information disclosed concerning such a
10 finding shall also include disclosure of any statement in the
11 registry relating to the finding or a clear and accurate
12 summary of the statement.
13 (Source: P.A. 89-197, eff. 7-21-95.)
14 (210 ILCS 45/3-206.02) (from Ch. 111 1/2, par.
15 4153-206.02)
16 Sec. 3-206.02. (a) The Department, after notice to the
17 nursing assistant, habilitation aide, or child care aide
18 nurse aide, may denote that suspend or remove a nurse aide
19 from the registry in any case in which the Department has
20 found finds any of the following:
21 (1) The nursing assistant, habilitation aide, or
22 child care aide nurse aide has abused a resident.
23 (2) The nursing assistant, habilitation aide, or
24 child care aide nurse aide has neglected a resident.
25 (3) The nursing assistant, habilitation aide, or
26 child care aide nurse aide has misappropriated resident
27 property.
28 (4) The nursing assistant, habilitation aide, or
29 child care aide nurse aide has been convicted of (i) a
30 felony, (ii) a misdemeanor, an essential element of which
31 is dishonesty, or (iii) any crime that is directly
32 related to the duties of a nursing assistant,
33 habilitation aide, or child care aide nurse aide.
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1 (b) Notice under this Section shall include a clear and
2 concise statement of the grounds denoting abuse, neglect, or
3 theft on which the suspension or removal is based and notice
4 of the opportunity for a hearing to contest the designation
5 suspension or removal.
6 (c) The Department may suspend, or remove, or denote any
7 nursing assistant, habilitation aide, or child care aide on
8 nurse aide from the registry who fails (i) to file a return,
9 (ii) to pay the tax, penalty or interest shown in a filed
10 return, or (iii) to pay any final assessment of tax, penalty
11 or interest, as required by any tax Act administered by the
12 Illinois Department of Revenue, until the time the
13 requirements of the tax Act are satisfied.
14 (c-1) The Department shall document criminal background
15 check results remove a nurse aide from the registry pursuant
16 to the requirements of the Health Care Worker Background
17 Check Act.
18 (d) At any time after the suspension or removal from the
19 registry or designation pursuant to subsection (a), (b), or
20 (c) of this Section, a nursing assistant, habilitation aide,
21 or child care aide nurse aide may petition the Department for
22 reinstatement on the registry. The Department may reinstate
23 the nurse aide on the registry unless, after an investigation
24 and a hearing, the Department determines that reinstatement
25 is not in the public interest.
26 (Source: P.A. 89-197, eff. 7-21-95.)
27 Section 10. The Health Care Worker Background Check Act
28 is amended by changing Sections 15, 20, 25, 30, 35, 40, 55,
29 and 60 as follows:
30 (225 ILCS 46/15)
31 Sec. 15. Definitions. For the purposes of this Act, the
32 following definitions apply:
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1 "Applicant" means an individual seeking employment with a
2 health care employer who has received a bona fide conditional
3 offer of employment.
4 "Conditional offer of employment" means a bona fide offer
5 of employment by a health care employer to an applicant,
6 which is contingent upon the receipt of a report from the
7 Department of State Police indicating that the applicant does
8 not have a record of conviction of any of the criminal
9 offenses enumerated in Section 25.
10 "Direct care" means the provision of nursing care or
11 assistance with feeding meals, dressing, movement, bathing,
12 toileting, or other personal needs. The entity responsible
13 for inspecting and licensing, certifying, or registering the
14 health care employer may, by administrative rule, prescribe
15 guidelines for interpreting this definition with regard to
16 the health care employers that it licenses. or maintenance,
17 or general supervision and oversight of the physical and
18 mental well-being of an individual who is incapable of
19 managing his or her person whether or not a guardian has been
20 appointed for that individual.
21 "Health care employer" means:
22 (1) the owner or licensee of any of the following:
23 (i) a community living facility, as defined in the
24 Community Living Facilities Act;
25 (ii) a life care facility, as defined in the Life
26 Care Facilities Act;
27 (iii) a long-term care facility, as defined in the
28 Nursing Home Care Act;
29 (iv) a home health agency, as defined in the Home
30 Health Agency Licensing Act;
31 (v) a full hospice, as defined in the Hospice
32 Program Licensing Act;
33 (vi) a hospital, as defined in the Hospital
34 Licensing Act;
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1 (vii) a community residential alternative, as
2 defined in the Community Residential Alternatives
3 Licensing Act;
4 (viii) a nurse agency, as defined in the Nurse
5 Agency Licensing Act;
6 (ix) a respite care provider, as defined in the
7 Respite Program Act;
8 (x) a supportive living program, as defined in the
9 Illinois Public Aid Code;
10 (xi) early childhood intervention programs as
11 described in 59 Ill. Adm. Code 121;
12 (xii) the University of Illinois Hospital, Chicago;
13
14 (xiii) programs funded by the Department on Aging
15 through the Community Care Program;
16 (xiv) programs certified to participate in the
17 Supportive Living Program authorized pursuant to Section
18 5-5.01a of the Illinois Public Aid Code;
19 (xv) programs listed by the Emergency Medical
20 Services (EMS) Systems Act as Freestanding Emergency
21 Centers;
22 (xvi) locations licensed under the Alternative
23 Health Care Delivery Act;
24 (2) a day training program certified by the Department
25 of Human Services; or
26 (3) a community integrated living arrangement operated
27 by a community mental health and developmental service
28 agency, as defined in the Community-Integrated Living
29 Arrangements Licensing and Certification Act.
30 "Initiate" means the obtaining of the authorization for a
31 record check from a student, applicant, or employee. The
32 educational entity or health care employer or its designee
33 shall transmit all necessary information and fees to the
34 Illinois State Police within 10 working days after receipt of
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1 the authorization.
2 (Source: P.A. 89-197, eff. 7-21-95; 89-507, eff. 7-1-97;
3 89-674, eff. 8-14-96; 90-14, eff. 7-1-97; 90-776, eff.
4 1-1-99.)
5 (225 ILCS 46/20)
6 Sec. 20. Exceptions. This Act shall not apply to:
7 (a) an individual who is licensed by the Department of
8 Professional Regulation or the Department of Public Health
9 under another law of this State;
10 (b) an individual employed or retained by a health care
11 employer for whom a criminal background check is required by
12 another law of this State; or
13 (c) a student in a licensed health care field including,
14 but not limited to, a student nurse, a physical therapy
15 student, or a respiratory care student unless he or she is
16 employed by a health care employer in a position with duties
17 involving direct care for clients, patients, or residents; or
18 .
19 (d) the University of Illinois, Chicago or a program
20 funded by the Department on Aging through the Community Care
21 Program if the University of Illinois, Chicago or the
22 Community Care Program (i) has previously done a UCIA check
23 on the individual; (ii) has continuously employed the
24 individual since the UCIA criminal record check was done; and
25 (iii) has taken actions in accordance with this Act prior to
26 or within 12 months after this amendatory Act of the 91st
27 General Assembly.
28 (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)
29 (225 ILCS 46/25)
30 Sec. 25. Persons ineligible to be hired by health care
31 employers.
32 (a) After January 1, 1996, or January 1, 1997, as
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1 applicable, no health care employer shall knowingly hire,
2 employ, or retain any individual in a position with duties
3 involving direct care for clients, patients, or residents,
4 who has been convicted of committing or attempting to commit
5 one or more of the offenses defined in Sections 8-1.1, 8-1.2,
6 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,
7 10-3, 10-3.1, 10-4, 10-5, 10-7, 11-6, 11-9.1, 11-19.2,
8 11-20.1, 12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-4, 12-4.1,
9 12-4.2, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4,
10 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-19, 12-21,
11 12-21.6, 12-32, 12-33, 16-1, 16-1.3, 16A-3, 17-3, 18-1, 18-2,
12 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 20-1, 20-1.1, 24-1,
13 24-1.2, 24-1.5, or 33A-2 of the Criminal Code of 1961; those
14 provided in Section 4 of the Wrongs to Children Act; those
15 provided in Section 53 of the Criminal Jurisprudence Act;
16 those defined in Section 5, 5.1, 5.2, 7, or 9 of the Cannabis
17 Control Act; or those defined in Sections 401, 401.1, 404,
18 405, 405.1, 407, or 407.1 of the Illinois Controlled
19 Substances Act, unless the applicant or employee obtains a
20 waiver pursuant to Section 40.
21 (b) A health care employer shall not hire, employ, or
22 retain any individual in a position with duties involving
23 direct care of clients, patients, or residents if the health
24 care employer becomes aware that the individual has been
25 convicted in another state of committing or attempting to
26 commit an offense that has the same or similar elements as an
27 offense listed in subsection (a), as verified by court
28 records, records from a state agency, or an FBI criminal
29 history record check. This shall not be construed to mean
30 that a health care employer has an obligation to conduct a
31 criminal history records check in other states in which an
32 employee has resided.
33 (Source: P.A. 89-197, eff. 7-21-95; 89-428, eff. 12-13-95;
34 89-462, eff. 5-29-96; P.A. 90-441, eff. 1-1-98.)
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1 (225 ILCS 46/30)
2 Sec. 30. Non-fingerprint based UCIA criminal records
3 check.
4 (a) Beginning on January 1, 1997 the effective date of
5 this amendatory Act of 1996, an educational entity, other
6 than a secondary school, conducting a nurse aide training
7 program must initiate a UCIA criminal history records check
8 prior to entry of an individual into the training program. A
9 nurse aide seeking to be included on the nurse aide registry
10 shall authorize the Department of Public Health or its
11 designee that tests nurse aides or the health care employer
12 or its designee to request a criminal history record check
13 pursuant to the Uniform Conviction Information Act (UCIA) for
14 each nurse aide applying for inclusion on the State nurse
15 aide registry. Any nurse aide not submitting the required
16 authorization and information for the record check will not
17 be added to the State nurse aide registry. A nurse aide will
18 not be entered on the State nurse aide registry if the report
19 from the Department of State Police indicates that the nurse
20 aide has a record of conviction of any of the criminal
21 offenses enumerated in Section 25 unless the nurse aide's
22 identity is validated and it is determined that the nurse
23 aide does not have a disqualifying criminal history record
24 based upon a fingerprint-based records check pursuant to
25 Section 35 or the nurse aide receives a waiver pursuant to
26 Section 40.
27 (b) The Department of Public Health shall notify each
28 health care employer inquiring as to the information on the
29 State nurse aide registry of the date of the nurse aide's
30 last UCIA criminal history record check. If it has been more
31 than one year since the records check, the health care
32 employer must initiate or have initiated on his or her behalf
33 a UCIA criminal history record check for the nurse aide
34 pursuant to this Section. The health care employer must send
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1 a copy of the results of the record check to the State nurse
2 aide registry for an individual employed as a nurse aide.
3 (c) Beginning January 1, 1996, a health care employer
4 who makes a conditional offer of employment to an applicant
5 other than a nurse aide for position with duties that involve
6 direct care for clients, patients, or residents must initiate
7 or have initiated on his or her behalf a UCIA criminal
8 history record check for that applicant.
9 (d) No later than January 1, 1997, a health care
10 employer must initiate or have initiated on his or her behalf
11 a UCIA criminal history record check for all employees other
12 than those enumerated in subsections (a), (b), and (c) of
13 this Section with duties that involve direct care for
14 clients, patients, or residents. A health care employer
15 having actual knowledge from a source other than a
16 non-fingerprint check that an employee has been convicted of
17 committing or attempting to commit one of the offenses
18 enumerated in Section 25 of this Act must initiate a
19 fingerprint-based background check within 10 working days of
20 acquiring that knowledge. The employer may continue to
21 employ that individual in a direct care position, may
22 reassign that individual to a non-direct care position, or
23 may suspend the individual until the results of the
24 fingerprint-based background check are received.
25 (e) The request for a UCIA criminal history record check
26 must be in the form prescribed by the Department of State
27 Police.
28 (f) The applicant or employee must be notified of the
29 following whenever a non-fingerprint check is made:
30 (i) that the health care employer shall request or
31 have requested on his or her behalf a UCIA criminal
32 history record check pursuant to this Act;
33 (ii) that the applicant or employee has a right to
34 obtain a copy of the criminal records report from the
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1 health care employer, challenge the accuracy and
2 completeness of the report, and request a waiver under
3 Section 40 of this Act;
4 (iii) that the applicant, if hired conditionally,
5 may be terminated if the criminal records report
6 indicates that the applicant has a record of conviction
7 of any of the criminal offenses enumerated in Section 25
8 unless the applicant's identity is validated and it is
9 determined that the applicant does not have a
10 disqualifying criminal history record based on a
11 fingerprint-based records check pursuant to Section 35.
12 (iv) that the applicant, if not hired
13 conditionally, shall not be hired if the criminal records
14 report indicates that the applicant has a record of
15 conviction of any of the criminal offenses enumerated in
16 Section 25 unless the applicant's record is cleared based
17 on a fingerprint-based records check pursuant to Section
18 35.
19 (v) that the employee may be terminated if the
20 criminal records report indicates that the employee has a
21 record of conviction of any of the criminal offenses
22 enumerated in Section 25 unless the employee's record is
23 cleared based on a fingerprint-based records check
24 pursuant to Section 35.
25 (g) A health care employer may conditionally employ an
26 applicant to provide direct care for up to 3 months pending
27 the results of a UCIA criminal history record check.
28 (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)
29 (225 ILCS 46/35)
30 Sec. 35. Fingerprint-based UCIA criminal records check.
31 An applicant, employee, or nurse aide whose UCIA criminal
32 history record check indicates a conviction for committing or
33 attempting to commit one or more of the offenses enumerated
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1 in subsection (a) of Section 25 may request that the health
2 care employer or its designee commence a fingerprint-based
3 UCIA criminal records check by submitting any necessary fees
4 and information in a form and manner prescribed by the
5 Department of State Police within 30 days after receipt of
6 the criminal records report. The fee for a fingerprint-based
7 UCIA criminal records check shall not exceed the actual cost
8 of the records check.
9 (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)
10 (225 ILCS 46/40)
11 Sec. 40. Waiver.
12 (a) An applicant, employee, or nurse aide may request a
13 waiver of the prohibition against employment by submitting
14 the following information to the entity responsible for
15 inspecting, licensing, certifying, or registering the health
16 care employer within 5 working days after the receipt of the
17 criminal records report:
18 (1) Information necessary to initiate a
19 fingerprint-based UCIA criminal records check in a form
20 and manner prescribed by the Department of State Police;
21 and
22 (2) The fee for a fingerprint-based UCIA criminal
23 records check, which shall not exceed the actual cost of
24 the record check.
25 (a-5) The entity responsible for inspecting, licensing,
26 certifying, or registering the health care employer may
27 accept the results of the fingerprint-based UCIA criminal
28 records check instead of the items required by paragraphs (1)
29 and (2) of subsection (a).
30 (b) The entity responsible for inspecting, licensing,
31 certifying, or registering the health care employer may grant
32 a waiver based upon any mitigating circumstances, which may
33 include, but need not be limited to:
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1 (1) The age of the individual at which the crime
2 was committed;
3 (2) The circumstances surrounding the crime;
4 (3) The length of time since the conviction;
5 (4) The applicant or employee's criminal history
6 since the conviction;
7 (5) The applicant or employee's work history;
8 (6) The applicant or employee's current employment
9 references;
10 (7) The applicant or employee's character
11 references;
12 (8) Nurse aide registry records; and
13 (9) Other evidence demonstrating the ability of the
14 applicant or employee to perform the employment
15 responsibilities competently and evidence that the
16 applicant or employee does not pose a threat to the
17 health or safety of residents, patients, or clients.
18 (c) The entity responsible for inspecting, licensing,
19 certifying, or registering a health care employer must inform
20 the health care employer if a waiver is being sought and must
21 act upon the waiver request within 30 days of receipt of all
22 necessary information, as defined by rule.
23 (d) An individual shall not be employed in a direct care
24 position from the time that the employer receives the results
25 of a non-fingerprint check containing disqualifying
26 conditions until the time that the individual receives a
27 waiver from the Department. If the individual challenges the
28 results of the non-fingerprint check, the employer may
29 continue to employ the individual in a direct care position
30 if the individual presents convincing evidence to the
31 employer that the non-fingerprint check is invalid. If the
32 individual challenges the results of the non-fingerprint
33 check, his or her identity shall be validated by a
34 fingerprint-based records check in accordance with Section
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1 35. An individual may not be employed in a direct care
2 position during the pendency of a waiver request.
3 (e) The entity responsible for inspecting, licensing,
4 certifying, or registering the health care employer shall be
5 immune from liability for any waivers granted under this
6 Section.
7 (f) A health care employer is not obligated to employ or
8 offer permanent employment to an applicant, or to retain an
9 employee who is granted a waiver under this Section.
10 (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)
11 (225 ILCS 46/55)
12 Sec. 55. Immunity from liability. A health care
13 employer shall not be liable for the failure to hire or to
14 retain an applicant or employee who has been convicted of
15 committing or attempting to commit one or more of the
16 offenses enumerated in subsection (a) of Section 25 of this
17 the Act. However, if a health care worker is suspended from
18 employment based on the results of a criminal background
19 check conducted under this Act and the results prompting the
20 suspension are subsequently found to be inaccurate, the
21 health care worker is entitled to recover backpay from his or
22 her health care employer for the suspension period provided
23 that the employer is the cause of the inaccuracy.
24 No health care employer shall be chargeable for any
25 benefit charges that result from the payment of unemployment
26 benefits to any claimant when the claimant's separation from
27 that employer occurred because the claimant's criminal
28 background included an offense enumerated in subsection (a)
29 of Section 25, or the claimant's separation from that health
30 care employer occurred as a result of the claimant violating
31 a policy that the employer was required to maintain pursuant
32 to the Drug Free Workplace Act.
33 (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96;
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1 90-441, eff. 1-1-98.)
2 (225 ILCS 46/60)
3 Sec. 60. Offense.
4 (a) Any person whose profession is job counseling who
5 knowingly counsels any person who has been convicted of
6 committing or attempting to commit any of the offenses
7 enumerated in subsection (a) of Section 25 to apply for a
8 position with duties involving direct contact with a client,
9 patient, or resident of a health care employer shall be
10 guilty of a Class A misdemeanor unless a waiver is granted
11 pursuant to Section 40 of this Act.
12 (b) Subsection (a) does not apply to an individual
13 performing official duties in connection with the
14 administration of the State employment service described in
15 Section 1705 of the Unemployment Insurance Act.
16 (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)
17 Section 15. The Mental Health and Developmental
18 Disabilities Code is amended by changing Section 3-210 and
19 adding Section 3-210.1 as follows:
20 (405 ILCS 5/3-210) (from Ch. 91 1/2, par. 3-210)
21 Sec. 3-210. Employee as perpetrator of abuse. When an
22 investigation of a report of suspected abuse of a recipient
23 of services indicates, based upon credible evidence, that an
24 employee of a mental health or developmental disability
25 facility is the perpetrator of the abuse, that employee shall
26 immediately be barred from any further contact with
27 recipients of services of the facility, pending the outcome
28 of any further investigation, prosecution or disciplinary
29 action against the employee. Founded reports of abuse by a
30 facility employee shall be reported, along with the
31 employee's social security number, to the Department of
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1 Public Health for documentation on the registry established
2 in Section 3-206.01 of the Nursing Home Care Act.
3 (Source: P.A. 86-1013.)
4 (405 ILCS 5/3-210.1 new)
5 Sec. 3-210.1. Registration. An individual assisting with
6 personal, medical, or nursing care or developmental training
7 at a facility operated by the Department of Human Services
8 and certified under Title XIX of the Social Security Act who
9 is not otherwise licensed by the Department of Professional
10 Regulation shall, within one year of the effective date of
11 this amendatory Act of the 91st General Assembly, meet the
12 requirements of Section 3-206.01 of the Nursing Home Care
13 Act.
14 Section 99. Effective date. This Act takes effect
15 January 1, 2000.