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91_SB1114sam001
LRB9102450ACpram
1 AMENDMENT TO SENATE BILL 1114
2 AMENDMENT NO. . Amend Senate Bill 1114 by replacing
3 everything after the enacting clause with the following:
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
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1 habits and good moral character, honest, reliable and
2 trustworthy;
3 (2) Be able to speak and understand the English
4 language or a language understood by a substantial
5 percentage of the facility's residents;
6 (3) Provide evidence of employment or occupation,
7 if any, and residence for 2 years prior to his present
8 employment;
9 (4) Have completed at least 8 years of grade school
10 or provide proof of equivalent knowledge;
11 (5) Begin a current course of training for nursing
12 assistants, habilitation aides, or child care aides
13 nurse's aides, orderlies and nurse technicians, approved
14 by the Department, within 45 days of initial employment
15 in the capacity of a nursing assistant, habilitation
16 aide, or child care aide nurse's aide, orderly or nurse
17 technician at any facility. Such courses of training
18 shall be successfully completed within 120 days of
19 initial employment in the capacity of nursing assistant,
20 habilitation aide, or child care aide nurse's aide,
21 orderly or nurse technician at a facility. Nursing
22 assistants, habilitation aides, and child care aides
23 Nurse's aides, orderlies and nurse technicians who are
24 enrolled in approved courses in community colleges or
25 other educational institutions on a term, semester or
26 trimester basis, shall be exempt from the 120 day
27 completion time limit. The Department shall adopt rules
28 and regulations for such courses of training. These
29 rules and regulations shall include procedures for
30 facilities to carry on an approved course of training
31 within the facility.
32 The Department may accept comparable training in
33 lieu of the 120 hour course for student nurses, foreign
34 nurses, military personnel, or employes of the Department
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1 of Human Services. However, no person who on the
2 effective date of this Act has been continuously employed
3 at the same facility for one year or has been employed at
4 more than one facility for 2 years as a nurse's aide,
5 orderly or nurse technician shall be required to complete
6 such a course of training, and no student intern shall be
7 required to complete a course of training.
8 Any person who is or will be employed as a nurse's
9 aide, orderly or nurse technician in a facility may elect
10 to take a proficiency examination. Upon successful
11 completion of such proficiency examination, no person who
12 is or will be employed as a nurse's aide, orderly or
13 nurse technician shall be required to complete a course
14 of training as required by this Section. The Department
15 may, by rule, establish a recognized course which may be
16 taught in a facility. Persons enrolled in such course
17 shall be required to successfully complete the
18 proficiency examination within 120 days after the
19 commencement of employment. The Department shall adopt
20 rules and regulations governing the composition and
21 administration of such proficiency examinations.
22 The facility shall develop and implement procedures,
23 which shall be approved by the Department, for an ongoing
24 review process, which shall take place within the
25 facility, for nursing assistants, habilitation aides, and
26 child care aides nurse's aides, orderlies and nurse
27 technicians.
28 At the time of each regularly scheduled licensure
29 survey, or at the time of a complaint investigation, the
30 Department may require any nursing assistant,
31 habilitation aide, or child care aide nurse's aide,
32 orderly or nurse technician who is required to be trained
33 under this Section or who has successfully completed a
34 proficiency examination as described in this Section, to
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1 demonstrate, either through written examination or
2 action, or both, sufficient knowledge in all areas of
3 required training. If such knowledge is inadequate the
4 Department shall require the nursing assistant,
5 habilitation aide, or child care aide nurse's aide,
6 orderly or nurse technician to complete inservice
7 training and review in the facility until the nursing
8 assistant, habilitation aide, or child care aide nurse's
9 aide, orderly or nurse technician demonstrates to the
10 Department, either through written examination or action,
11 or both, sufficient knowledge in all areas of required
12 training; and
13 (6) Be familiar with and have general skills
14 related to resident care.
15 (a-0.5) An educational entity, other than a secondary
16 school, conducting a nursing assistant, habilitation aide, or
17 child care aide nurse aide training program shall initiate a
18 UCIA criminal history record check prior to entry of an
19 individual into the training program. A secondary school may
20 initiate a UCIA criminal history record check prior to the
21 entry of an individual into a training program.
22 (a-1) Nursing assistants, habilitation aides, or child
23 care aides Nurse aides seeking to be included on the nurse
24 aide registry on or after January 1, 1996 must authorize the
25 Department of Public Health or its designee that tests
26 nursing assistants nurse aides to request a UCIA criminal
27 history check and submit all necessary information.
28 (b) Persons subject to this Section shall perform their
29 duties under the supervision of a nurse.
30 (c) It is unlawful for any facility to employ any person
31 in the capacity of nursing assistant, habilitation aide, or
32 child care aide nurse's aide, orderly or nurse technician, or
33 under any other title, not licensed by the State of Illinois
34 to assist in the personal, medical, or nursing care of
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1 residents in such facility unless such person has complied
2 with this Section.
3 (d) Proof of compliance by each employee with the
4 requirements set out in this Section shall be maintained for
5 each such employee by each facility in the individual
6 personnel folder of the employee.
7 (e) Each facility shall certify to the Department on a
8 form provided by the Department the name and residence
9 address of each employee, and that each employee subject to
10 this Section meets all the requirements of this Section.
11 (f) Any facility that which is operated under Section
12 3-803 shall be exempt from the requirements of this Section.
13 (g) Each skilled nursing and intermediate care facility
14 that which admits persons who are diagnosed as having
15 Alzheimer's disease or related dementias shall require all
16 nursing assistants, habilitation aides, or child care aides
17 nurse's aides, orderlies and nurse technicians, who did not
18 receive 12 hours of training in the care and treatment of
19 such residents during the training required under paragraph
20 (5) of subsection (a), to obtain 12 hours of in-house
21 training in the care and treatment of such residents. If the
22 facility does not provide the training in-house, the training
23 shall be obtained from other facilities, community colleges
24 or other educational institutions that which have a
25 recognized course for such training. The Department shall,
26 by rule, establish a recognized course for such training;
27 however, no such additional hours of training shall be
28 required of any nurse's aide, orderly or nurse technician
29 employed in such capacity on the effective date of this
30 amendatory Act of 1987. The Department's rules shall provide
31 that such training may be conducted in-house at each facility
32 subject to the requirements of this subsection, in which case
33 such training shall be monitored by the Department.
34 The Department's rules shall also provide for
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1 circumstances and procedures whereby any person who has
2 received such training that which meets the requirements of
3 this subsection shall not be required to undergo additional
4 training if he or she is transferred to or obtains employment
5 at a different facility but remains continuously employed as
6 a nursing assistant, habilitation aide, or child care aide
7 nurse's aide, orderly or nurse technician. Licensed
8 sheltered care facilities shall be exempt from the
9 requirements of this Section.
10 (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)
11 (210 ILCS 45/3-206.01) (from Ch. 111 1/2, par.
12 4153-206.01)
13 Sec. 3-206.01. The Department shall establish and
14 maintain a registry of all individuals who have
15 satisfactorily completed the training required by Section
16 3-206 and who have not been disqualified pursuant to the
17 Health Care Background Check Act. The registry shall include
18 the name of the nursing assistant, habilitation aide, or
19 child care aide nurse aide, his or her current address,
20 Social Security number, and the date and location of the
21 training course completed by the individual aide, and the
22 date of the individual's nurse aide's last criminal records
23 check. Any individual nurse aide placed on the registry is
24 required to inform the Department of any change of address
25 within 30 days. A facility shall not employ an individual as
26 a nursing assistant, habilitation aide, or child care aide
27 nurse aide unless the facility has inquired of the Department
28 as to information in the registry concerning the individual
29 and shall not employ anyone not on the registry unless the
30 individual is enrolled in a training program under paragraph
31 (5) of subsection (a) of Section 3-206 of this Act.
32 If the Department finds that a nursing assistant,
33 habilitation aide, or child care aide nurse aide has abused a
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1 resident, neglected a resident, or misappropriated resident
2 property in a facility, the Department shall notify the
3 individual nurse aide of this finding by certified mail sent
4 to the address contained in the registry. The notice shall
5 give the individual nurse aide an opportunity to contest the
6 finding in a hearing before the Department or to submit a
7 written response to the findings in lieu of requesting a
8 hearing. If, after a hearing or if the individual nurse aide
9 does not request a hearing, the Department finds that the
10 individual nurse aide abused a resident, neglected a
11 resident, or misappropriated resident property in a facility,
12 the finding shall be included as part of the nurse aide
13 registry as well as a brief statement from the individual,
14 nurse aide if he or she chooses to make such a statement. The
15 Department shall make available to the public information in
16 the registry available to the public. In the case of
17 inquiries to the registry concerning an individual listed in
18 the registry, any information disclosed concerning such a
19 finding shall also include disclosure of any statement in the
20 registry relating to the finding or a clear and accurate
21 summary of the statement.
22 (Source: P.A. 89-197, eff. 7-21-95.)
23 (210 ILCS 45/3-206.02) (from Ch. 111 1/2, par.
24 4153-206.02)
25 Sec. 3-206.02. (a) The Department, after notice to the
26 nursing assistant, habilitation aide, or child care aide
27 nurse aide, may denote that suspend or remove a nurse aide
28 from the registry in any case in which the Department has
29 found finds any of the following:
30 (1) The nursing assistant, habilitation aide, or
31 child care aide nurse aide has abused a resident.
32 (2) The nursing assistant, habilitation aide, or
33 child care aide nurse aide has neglected a resident.
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1 (3) The nursing assistant, habilitation aide, or
2 child care aide nurse aide has misappropriated resident
3 property.
4 (4) The nursing assistant, habilitation aide, or
5 child care aide nurse aide has been convicted of (i) a
6 felony, (ii) a misdemeanor, an essential element of which
7 is dishonesty, or (iii) any crime that is directly
8 related to the duties of a nursing assistant,
9 habilitation aide, or child care aide nurse aide.
10 (b) Notice under this Section shall include a clear and
11 concise statement of the grounds denoting abuse, neglect, or
12 theft on which the suspension or removal is based and notice
13 of the opportunity for a hearing to contest the designation
14 suspension or removal.
15 (c) The Department may suspend or remove denote any
16 nursing assistant, habilitation aide, or child care aide on
17 nurse aide from the registry who fails (i) to file a return,
18 (ii) to pay the tax, penalty or interest shown in a filed
19 return, or (iii) to pay any final assessment of tax, penalty
20 or interest, as required by any tax Act administered by the
21 Illinois Department of Revenue, until the time the
22 requirements of the tax Act are satisfied.
23 (c-1) The Department shall document criminal background
24 check results remove a nurse aide from the registry pursuant
25 to the requirements of the Health Care Worker Background
26 Check Act.
27 (d) In the case of a designation of neglect under
28 subsection (a)(2), a nursing assistant, habilitation aide, or
29 child care aide may petition the Department for removal of
30 the designation upon a determination by the Department that:
31 (1) the employment and personal history of the
32 nursing assistant, habilitation aide, or child care aide
33 do not reflect a pattern of abusive behavior or neglect;
34 and
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1 (2) the event involved in the original finding was
2 a singular occurrence.
3 In no case shall a determination on a petition submitted
4 under this subsection be made prior to the expiration of the
5 one year period beginning on the date on which the
6 designation was added under subsection (a)(2). At any time
7 after the suspension or removal from the registry pursuant to
8 subsection (a), (b), or (c) of this Section, a nurse aide may
9 petition the Department for reinstatement on the registry.
10 The Department may reinstate the nurse aide on the registry
11 unless, after an investigation and a hearing, the Department
12 determines that reinstatement is not in the public interest.
13 (Source: P.A. 89-197, eff. 7-21-95.)
14 Section 10. The Health Care Worker Background Check Act
15 is amended by changing Sections 15, 20, 25, 30, 35, 40, 55,
16 and 60 as follows:
17 (225 ILCS 46/15)
18 Sec. 15. Definitions. For the purposes of this Act, the
19 following definitions apply:
20 "Applicant" means an individual seeking employment with a
21 health care employer who has received a bona fide conditional
22 offer of employment.
23 "Conditional offer of employment" means a bona fide offer
24 of employment by a health care employer to an applicant,
25 which is contingent upon the receipt of a report from the
26 Department of State Police indicating that the applicant does
27 not have a record of conviction of any of the criminal
28 offenses enumerated in Section 25.
29 "Direct care" means the provision of nursing care or
30 assistance with feeding meals, dressing, movement, bathing,
31 toileting, or other personal needs. The entity responsible
32 for inspecting and licensing, certifying, or registering the
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1 health care employer may, by administrative rule, prescribe
2 guidelines for interpreting this definition with regard to
3 the health care employers that it licenses. or maintenance,
4 or general supervision and oversight of the physical and
5 mental well-being of an individual who is incapable of
6 managing his or her person whether or not a guardian has been
7 appointed for that individual.
8 "Health care employer" means:
9 (1) the owner or licensee of any of the following:
10 (i) a community living facility, as defined in the
11 Community Living Facilities Act;
12 (ii) a life care facility, as defined in the Life
13 Care Facilities Act;
14 (iii) a long-term care facility, as defined in the
15 Nursing Home Care Act;
16 (iv) a home health agency, as defined in the Home
17 Health Agency Licensing Act;
18 (v) a full hospice, as defined in the Hospice
19 Program Licensing Act;
20 (vi) a hospital, as defined in the Hospital
21 Licensing Act;
22 (vii) a community residential alternative, as
23 defined in the Community Residential Alternatives
24 Licensing Act;
25 (viii) a nurse agency, as defined in the Nurse
26 Agency Licensing Act;
27 (ix) a respite care provider, as defined in the
28 Respite Program Act;
29 (x) a supportive living program, as defined in the
30 Illinois Public Aid Code;
31 (xi) early childhood intervention programs as
32 described in 59 Ill. Adm. Code 121;
33 (xii) the University of Illinois Hospital, Chicago;
34
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1 (xiii) programs funded by the Department on Aging
2 through the Community Care Program;
3 (xiv) programs certified to participate in the
4 Supportive Living Program authorized pursuant to Section
5 5-5.01a of the Illinois Public Aid Code;
6 (xv) programs listed by the Emergency Medical
7 Services (EMS) Systems Act as Freestanding Emergency
8 Centers;
9 (xvi) locations licensed under the Alternative
10 Health Care Delivery Act;
11 (2) a day training program certified by the Department
12 of Human Services; or
13 (3) a community integrated living arrangement operated
14 by a community mental health and developmental service
15 agency, as defined in the Community-Integrated Living
16 Arrangements Licensing and Certification Act.
17 "Initiate" means the obtaining of the authorization for a
18 record check from a student, applicant, or employee. The
19 educational entity or health care employer or its designee
20 shall transmit all necessary information and fees to the
21 Illinois State Police within 10 working days after receipt of
22 the authorization.
23 (Source: P.A. 89-197, eff. 7-21-95; 89-507, eff. 7-1-97;
24 89-674, eff. 8-14-96; 90-14, eff. 7-1-97; 90-776, eff.
25 1-1-99.)
26 (225 ILCS 46/20)
27 Sec. 20. Exceptions.
28 (1) This Act shall not apply to:
29 (a) an individual who is licensed by the Department
30 of Professional Regulation or the Department of Public
31 Health under another law of this State;
32 (b) an individual employed or retained by a health
33 care employer for whom a criminal background check is
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1 required by another law of this State; or
2 (c) a student in a licensed health care field
3 including, but not limited to, a student nurse, a
4 physical therapy student, or a respiratory care student
5 unless he or she is employed by a health care employer in
6 a position with duties involving direct care for clients,
7 patients, or residents.
8 (2) A UCIA criminal history records check need not be
9 redone by the University of Illinois Hospital, Chicago (U of
10 I) or a program funded by the Department on Aging through the
11 Community Care Program (CCP) if the U of I or the CCP: (i)
12 has done a UCIA check on the individual; (ii) has
13 continuously employed the individual since the UCIA criminal
14 records check was done; and (iii) has taken actions with
15 respect to this Act within 12 months after the effective date
16 of this amendatory Act of the 91st General Assembly.
17 (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)
18 (225 ILCS 46/25)
19 Sec. 25. Persons ineligible to be hired by health care
20 employers.
21 (a) After January 1, 1996, or January 1, 1997, as
22 applicable, no health care employer shall knowingly hire,
23 employ, or retain any individual in a position with duties
24 involving direct care for clients, patients, or residents,
25 who has been convicted of committing or attempting to commit
26 one or more of the offenses defined in Sections 8-1.1, 8-1.2,
27 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,
28 10-3, 10-3.1, 10-4, 10-5, 10-7, 11-6, 11-9.1, 11-19.2,
29 11-20.1, 12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-4, 12-4.1,
30 12-4.2, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4,
31 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-19, 12-21,
32 12-21.6, 12-32, 12-33, 16-1, 16-1.3, 16A-3, 17-3, 18-1, 18-2,
33 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 20-1, 20-1.1, 24-1,
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1 24-1.2, 24-1.5, or 33A-2 of the Criminal Code of 1961; those
2 provided in Section 4 of the Wrongs to Children Act; those
3 provided in Section 53 of the Criminal Jurisprudence Act;
4 those defined in Section 5, 5.1, 5.2, 7, or 9 of the Cannabis
5 Control Act; or those defined in Sections 401, 401.1, 404,
6 405, 405.1, 407, or 407.1 of the Illinois Controlled
7 Substances Act, unless the applicant or employee obtains a
8 waiver pursuant to Section 40.
9 (b) A health care employer shall not hire, employ, or
10 retain any individual in a position with duties involving
11 direct care of clients, patients, or residents if the health
12 care employer becomes aware that the individual has been
13 convicted in another state of committing or attempting to
14 commit an offense that has the same or similar elements as an
15 offense listed in subsection (a), as verified by court
16 records, records from a state agency, or an FBI criminal
17 history record check. This shall not be construed to mean
18 that a health care employer has an obligation to conduct a
19 criminal history records check in other states in which an
20 employee has resided.
21 (Source: P.A. 89-197, eff. 7-21-95; 89-428, eff. 12-13-95;
22 89-462, eff. 5-29-96; P.A. 90-441, eff. 1-1-98.)
23 (225 ILCS 46/30)
24 Sec. 30. Non-fingerprint based UCIA criminal records
25 check.
26 (a) Beginning on January 1, 1997 the effective date of
27 this amendatory Act of 1996, an educational entity, other
28 than a secondary school, conducting a nurse aide training
29 program must initiate a UCIA criminal history records check
30 prior to entry of an individual into the training program. A
31 nurse aide seeking to be included on the nurse aide registry
32 shall authorize the Department of Public Health or its
33 designee that tests nurse aides or the health care employer
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1 or its designee to request a criminal history record check
2 pursuant to the Uniform Conviction Information Act (UCIA) for
3 each nurse aide applying for inclusion on the State nurse
4 aide registry. Any nurse aide not submitting the required
5 authorization and information for the record check will not
6 be added to the State nurse aide registry. A nurse aide will
7 not be entered on the State nurse aide registry if the report
8 from the Department of State Police indicates that the nurse
9 aide has a record of conviction of any of the criminal
10 offenses enumerated in Section 25 unless the nurse aide's
11 identity is validated and it is determined that the nurse
12 aide does not have a disqualifying criminal history record
13 based upon a fingerprint-based records check pursuant to
14 Section 35 or the nurse aide receives a waiver pursuant to
15 Section 40.
16 (b) The Department of Public Health shall notify each
17 health care employer inquiring as to the information on the
18 State nurse aide registry of the date of the nurse aide's
19 last UCIA criminal history record check. If it has been more
20 than one year since the records check, the health care
21 employer must initiate or have initiated on his or her behalf
22 a UCIA criminal history record check for the nurse aide
23 pursuant to this Section. The health care employer must send
24 a copy of the results of the record check to the State nurse
25 aide registry for an individual employed as a nurse aide.
26 (c) Beginning January 1, 1996, a health care employer
27 who makes a conditional offer of employment to an applicant
28 other than a nurse aide for position with duties that involve
29 direct care for clients, patients, or residents must initiate
30 or have initiated on his or her behalf a UCIA criminal
31 history record check for that applicant.
32 (d) No later than January 1, 1997, a health care
33 employer must initiate or have initiated on his or her behalf
34 a UCIA criminal history record check for all employees other
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1 than those enumerated in subsections (a), (b), and (c) of
2 this Section with duties that involve direct care for
3 clients, patients, or residents. A health care employer
4 having actual knowledge from a source other than a
5 non-fingerprint check that an employee has been convicted of
6 committing or attempting to commit one of the offenses
7 enumerated in Section 25 of this Act must initiate a
8 fingerprint-based background check within 10 working days of
9 acquiring that knowledge. The employer may continue to
10 employ that individual in a direct care position, may
11 reassign that individual to a non-direct care position, or
12 may suspend the individual until the results of the
13 fingerprint-based background check are received.
14 (e) The request for a UCIA criminal history record check
15 must be in the form prescribed by the Department of State
16 Police.
17 (f) The applicant or employee must be notified of the
18 following whenever a non-fingerprint check is made:
19 (i) that the health care employer shall request or
20 have requested on his or her behalf a UCIA criminal
21 history record check pursuant to this Act;
22 (ii) that the applicant or employee has a right to
23 obtain a copy of the criminal records report from the
24 health care employer, challenge the accuracy and
25 completeness of the report, and request a waiver under
26 Section 40 of this Act;
27 (iii) that the applicant, if hired conditionally,
28 may be terminated if the criminal records report
29 indicates that the applicant has a record of conviction
30 of any of the criminal offenses enumerated in Section 25
31 unless the applicant's identity is validated and it is
32 determined that the applicant does not have a
33 disqualifying criminal history record based on a
34 fingerprint-based records check pursuant to Section 35.
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1 (iv) that the applicant, if not hired
2 conditionally, shall not be hired if the criminal records
3 report indicates that the applicant has a record of
4 conviction of any of the criminal offenses enumerated in
5 Section 25 unless the applicant's record is cleared based
6 on a fingerprint-based records check pursuant to Section
7 35.
8 (v) that the employee may be terminated if the
9 criminal records report indicates that the employee has a
10 record of conviction of any of the criminal offenses
11 enumerated in Section 25 unless the employee's record is
12 cleared based on a fingerprint-based records check
13 pursuant to Section 35.
14 (g) A health care employer may conditionally employ an
15 applicant to provide direct care for up to 3 months pending
16 the results of a UCIA criminal history record check.
17 (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)
18 (225 ILCS 46/35)
19 Sec. 35. Fingerprint-based UCIA criminal records check.
20 An applicant, employee, or nurse aide whose UCIA criminal
21 history record check indicates a conviction for committing or
22 attempting to commit one or more of the offenses enumerated
23 in subsection (a) of Section 25 may request that the health
24 care employer or its designee commence a fingerprint-based
25 UCIA criminal records check by submitting any necessary fees
26 and information in a form and manner prescribed by the
27 Department of State Police within 30 days after receipt of
28 the criminal records report. The fee for a fingerprint-based
29 UCIA criminal records check shall not exceed the actual cost
30 of the records check.
31 (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)
32 (225 ILCS 46/40)
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1 Sec. 40. Waiver.
2 (a) An applicant, employee, or nurse aide may request a
3 waiver of the prohibition against employment by submitting
4 the following information to the entity responsible for
5 inspecting, licensing, certifying, or registering the health
6 care employer within 5 working days after the receipt of the
7 criminal records report:
8 (1) Information necessary to initiate a
9 fingerprint-based UCIA criminal records check in a form
10 and manner prescribed by the Department of State Police;
11 and
12 (2) The fee for a fingerprint-based UCIA criminal
13 records check, which shall not exceed the actual cost of
14 the record check.
15 (a-5) The entity responsible for inspecting, licensing,
16 certifying, or registering the health care employer may
17 accept the results of the fingerprint-based UCIA criminal
18 records check instead of the items required by paragraphs (1)
19 and (2) of subsection (a).
20 (b) The entity responsible for inspecting, licensing,
21 certifying, or registering the health care employer may grant
22 a waiver based upon any mitigating circumstances, which may
23 include, but need not be limited to:
24 (1) The age of the individual at which the crime
25 was committed;
26 (2) The circumstances surrounding the crime;
27 (3) The length of time since the conviction;
28 (4) The applicant or employee's criminal history
29 since the conviction;
30 (5) The applicant or employee's work history;
31 (6) The applicant or employee's current employment
32 references;
33 (7) The applicant or employee's character
34 references;
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1 (8) Nurse aide registry records; and
2 (9) Other evidence demonstrating the ability of the
3 applicant or employee to perform the employment
4 responsibilities competently and evidence that the
5 applicant or employee does not pose a threat to the
6 health or safety of residents, patients, or clients.
7 (c) The entity responsible for inspecting, licensing,
8 certifying, or registering a health care employer must inform
9 the health care employer if a waiver is being sought and must
10 act upon the waiver request within 30 days of receipt of all
11 necessary information, as defined by rule.
12 (d) An individual shall not be employed in a direct care
13 position from the time that the employer receives the results
14 of a non-fingerprint check containing disqualifying
15 conditions until the time that the individual receives a
16 waiver from the Department. If the individual challenges the
17 results of the non-fingerprint check, the employer may
18 continue to employ the individual in a direct care position
19 if the individual presents convincing evidence to the
20 employer that the non-fingerprint check is invalid. If the
21 individual challenges the results of the non-fingerprint
22 check, his or her identity shall be validated by a
23 fingerprint-based records check in accordance with Section
24 35. An individual may not be employed in a direct care
25 position during the pendency of a waiver request.
26 (e) The entity responsible for inspecting, licensing,
27 certifying, or registering the health care employer shall be
28 immune from liability for any waivers granted under this
29 Section.
30 (f) A health care employer is not obligated to employ or
31 offer permanent employment to an applicant, or to retain an
32 employee who is granted a waiver under this Section.
33 (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)
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1 (225 ILCS 46/55)
2 Sec. 55. Immunity from liability. A health care
3 employer shall not be liable for the failure to hire or to
4 retain an applicant or employee who has been convicted of
5 committing or attempting to commit one or more of the
6 offenses enumerated in subsection (a) of Section 25 of this
7 the Act. However, if a health care worker is suspended from
8 employment based on the results of a criminal background
9 check conducted under this Act and the results prompting the
10 suspension are subsequently found to be inaccurate, the
11 health care worker is entitled to recover backpay from his or
12 her health care employer for the suspension period provided
13 that the employer is the cause of the inaccuracy.
14 No health care employer shall be chargeable for any
15 benefit charges that result from the payment of unemployment
16 benefits to any claimant when the claimant's separation from
17 that employer occurred because the claimant's criminal
18 background included an offense enumerated in subsection (a)
19 of Section 25, or the claimant's separation from that health
20 care employer occurred as a result of the claimant violating
21 a policy that the employer was required to maintain pursuant
22 to the Drug Free Workplace Act.
23 (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96;
24 90-441, eff. 1-1-98.)
25 (225 ILCS 46/60)
26 Sec. 60. Offense.
27 (a) Any person whose profession is job counseling who
28 knowingly counsels any person who has been convicted of
29 committing or attempting to commit any of the offenses
30 enumerated in subsection (a) of Section 25 to apply for a
31 position with duties involving direct contact with a client,
32 patient, or resident of a health care employer shall be
33 guilty of a Class A misdemeanor unless a waiver is granted
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1 pursuant to Section 40 of this Act.
2 (b) Subsection (a) does not apply to an individual
3 performing official duties in connection with the
4 administration of the State employment service described in
5 Section 1705 of the Unemployment Insurance Act.
6 (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)
7 Section 99. Effective date. This Act takes effect
8 January 1, 2000.".