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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB1434
LRB9109632ACtm
1 AN ACT concerning dementia-related health care.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Department of Public Health Act is
5 amended by adding Section 5.5 as follows:
6 (20 ILCS 2305/5.5 new)
7 Sec. 5.5. Specialized training for dementia-related
8 diseases. The Department, in cooperation with the Department
9 on Aging or any other appropriate federal, State, or local
10 agency, shall develop specialized training and experience
11 criteria for persons who provide health or home care to
12 victims of Alzheimer's disease or other dementia-related
13 disorders, including but not limited to cognitive and motor
14 skill disorders, stroke and related complications,
15 Huntington's disease, Pick's disease, Parkinson dementia
16 complex, and senility. In addition, the Department shall
17 study the effectiveness of certifying, through the Department
18 or an appropriate private certifying body, persons who
19 provide health or home care to victims of Alzheimer's disease
20 or other dementia-related disorders according to the criteria
21 developed under this Section. The Department shall develop
22 the criteria and present its findings and recommendations to
23 the Governor and the General Assembly on or before March 1,
24 2001.
25 Section 10. The Health Care Worker Background Check Act
26 is amended by changing Sections 15 and 20 as follows:
27 (225 ILCS 46/15)
28 (Text of Section before amendment by P.A. 91-656)
29 Sec. 15. Definitions. For the purposes of this Act, the
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1 following definitions apply:
2 "Applicant" means an individual seeking employment with a
3 health care employer who has received a bona fide conditional
4 offer of employment.
5 "Conditional offer of employment" means a bona fide offer
6 of employment by a health care employer to an applicant,
7 which is contingent upon the receipt of a report from the
8 Department of State Police indicating that the applicant does
9 not have a record of conviction of any of the criminal
10 offenses enumerated in Section 25.
11 "Direct care" means the provision of nursing care or
12 assistance with feeding, dressing, movement, bathing,
13 toileting, or other personal needs. The entity responsible
14 for inspecting and licensing, certifying, or registering the
15 health care employer may, by administrative rule, prescribe
16 guidelines for interpreting this definition with regard to
17 the health care employers that it licenses.
18 "Health care employer" means:
19 (1) the owner or licensee of any of the following:
20 (i) a community living facility, as defined in the
21 Community Living Facilities Act;
22 (ii) a life care facility, as defined in the Life
23 Care Facilities Act;
24 (iii) a long-term care facility, as defined in the
25 Nursing Home Care Act;
26 (iv) a home health agency, as defined in the Home
27 Health Agency Licensing Act;
28 (v) a full hospice, as defined in the Hospice
29 Program Licensing Act;
30 (vi) a hospital, as defined in the Hospital
31 Licensing Act;
32 (vii) a community residential alternative, as
33 defined in the Community Residential Alternatives
34 Licensing Act;
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1 (viii) a nurse agency, as defined in the Nurse
2 Agency Licensing Act;
3 (ix) a respite care provider, as defined in the
4 Respite Program Act;
5 (x) a supportive living program, as defined in the
6 Illinois Public Aid Code;
7 (xi) early childhood intervention programs as
8 described in 59 Ill. Adm. Code 121;
9 (xii) the University of Illinois Hospital, Chicago;
10 (xiii) programs funded by the Department on Aging
11 through the Community Care Program;
12 (xiv) programs certified to participate in the
13 Supportive Living Program authorized pursuant to Section
14 5-5.01a of the Illinois Public Aid Code;
15 (xv) programs listed by the Emergency Medical
16 Services (EMS) Systems Act as Freestanding Emergency
17 Centers;
18 (xvi) locations licensed under the Alternative
19 Health Care Delivery Act;
20 (xvii) a facility or home care service agency
21 providing care or treatment to victims of Alzheimer's
22 disease or other dementia-related disorders, including
23 but not limited to cognitive and motor skill disorders,
24 stroke and related complications, Huntington's disease,
25 Pick's disease, Parkinson dementia complex, and senility.
26 (2) a day training program certified by the Department
27 of Human Services; or
28 (3) a community integrated living arrangement operated
29 by a community mental health and developmental service
30 agency, as defined in the Community-Integrated Living
31 Arrangements Licensing and Certification Act.
32 "Initiate" means the obtaining of the authorization for a
33 record check from a student, applicant, or employee. The
34 educational entity or health care employer or its designee
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1 shall transmit all necessary information and fees to the
2 Illinois State Police within 10 working days after receipt of
3 the authorization.
4 (Source: P.A. 90-14, eff. 7-1-97; 90-776, eff. 1-1-99;
5 91-598, eff. 1-1-00.)
6 (Text of Section after amendment by P.A. 91-656)
7 Sec. 15. Definitions. For the purposes of this Act, the
8 following definitions apply:
9 "Applicant" means an individual seeking employment with a
10 health care employer who has received a bona fide conditional
11 offer of employment.
12 "Conditional offer of employment" means a bona fide offer
13 of employment by a health care employer to an applicant,
14 which is contingent upon the receipt of a report from the
15 Department of State Police indicating that the applicant does
16 not have a record of conviction of any of the criminal
17 offenses enumerated in Section 25.
18 "Direct care" means the provision of nursing care or
19 assistance with feeding, dressing, movement, bathing,
20 toileting, or other personal needs. The entity responsible
21 for inspecting and licensing, certifying, or registering the
22 health care employer may, by administrative rule, prescribe
23 guidelines for interpreting this definition with regard to
24 the health care employers that it licenses.
25 "Health care employer" means:
26 (1) the owner or licensee of any of the following:
27 (i) a community living facility, as defined in the
28 Community Living Facilities Act;
29 (ii) a life care facility, as defined in the Life
30 Care Facilities Act;
31 (iii) a long-term care facility, as defined in the
32 Nursing Home Care Act;
33 (iv) a home health agency, as defined in the Home
34 Health Agency Licensing Act;
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1 (v) a full hospice, as defined in the Hospice
2 Program Licensing Act;
3 (vi) a hospital, as defined in the Hospital
4 Licensing Act;
5 (vii) a community residential alternative, as
6 defined in the Community Residential Alternatives
7 Licensing Act;
8 (viii) a nurse agency, as defined in the Nurse
9 Agency Licensing Act;
10 (ix) a respite care provider, as defined in the
11 Respite Program Act;
12 (ix-a) an establishment licensed under the Assisted
13 Living and Shared Housing Act; (xi)
14 (x) a supportive living program, as defined in the
15 Illinois Public Aid Code;
16 (xi) early childhood intervention programs as
17 described in 59 Ill. Adm. Code 121;
18 (xii) the University of Illinois Hospital, Chicago;
19 (xiii) programs funded by the Department on Aging
20 through the Community Care Program;
21 (xiv) programs certified to participate in the
22 Supportive Living Program authorized pursuant to Section
23 5-5.01a of the Illinois Public Aid Code;
24 (xv) programs listed by the Emergency Medical
25 Services (EMS) Systems Act as Freestanding Emergency
26 Centers;
27 (xvi) locations licensed under the Alternative
28 Health Care Delivery Act;
29 (xvii) a facility or home care service agency
30 providing care or treatment to victims of Alzheimer's
31 disease or other dementia-related disorders, including
32 but not limited to cognitive and motor skill disorders,
33 stroke and related complications, Huntington's disease,
34 Pick's disease, Parkinson dementia complex, and senility.
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1 (2) a day training program certified by the Department
2 of Human Services; or
3 (3) a community integrated living arrangement operated
4 by a community mental health and developmental service
5 agency, as defined in the Community-Integrated Living
6 Arrangements Licensing and Certification Act.
7 "Initiate" means the obtaining of the authorization for a
8 record check from a student, applicant, or employee. The
9 educational entity or health care employer or its designee
10 shall transmit all necessary information and fees to the
11 Illinois State Police within 10 working days after receipt of
12 the authorization.
13 (Source: P.A. 90-14, eff. 7-1-97; 90-776, eff. 1-1-99;
14 91-598, eff. 1-1-00; 91-656, eff. 1-1-01; revised 1-6-00.)
15 (225 ILCS 46/20)
16 Sec. 20. Exceptions.
17 (1) This Act shall not apply to:
18 (a) an individual who is licensed by the Department
19 of Professional Regulation or the Department of Public
20 Health under another law of this State, except that this
21 Act does apply to all individuals providing health or
22 home care to a person at or through a facility or agency
23 described in item (xvii) of the definition of "health
24 care employer" in Section 15;
25 (b) an individual employed or retained by a health
26 care employer for whom a criminal background check is
27 required by another law of this State; or
28 (c) a student in a licensed health care field
29 including, but not limited to, a student nurse, a
30 physical therapy student, or a respiratory care student
31 unless he or she is employed by a health care employer in
32 a position with duties involving direct care for clients,
33 patients, or residents.
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1 (2) A UCIA criminal history records check need not be
2 redone by the University of Illinois Hospital, Chicago (U of
3 I) or a program funded by the Department on Aging through the
4 Community Care Program (CCP) if the U of I or the CCP: (i)
5 has done a UCIA check on the individual; (ii) has
6 continuously employed the individual since the UCIA criminal
7 records check was done; and (iii) has taken actions with
8 respect to this Act within 12 months after the effective date
9 of this amendatory Act of the 91st General Assembly.
10 Section 95. No acceleration or delay. Where this Act
11 makes changes in a statute that is represented in this Act by
12 text that is not yet or no longer in effect (for example, a
13 Section represented by multiple versions), the use of that
14 text does not accelerate or delay the taking effect of (i)
15 the changes made by this Act or (ii) provisions derived from
16 any other Public Act.
17 (Source: P.A. 91-598, eff. 1-1-00.)