State of Illinois
91st General Assembly
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91_SB1114eng

 
SB1114 Engrossed                               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
 
SB1114 Engrossed            -4-                LRB9102450ACtm
 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
 
SB1114 Engrossed            -5-                LRB9102450ACtm
 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.
 
SB1114 Engrossed            -6-                LRB9102450ACtm
 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
 
SB1114 Engrossed            -7-                LRB9102450ACtm
 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.
 
SB1114 Engrossed            -8-                LRB9102450ACtm
 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 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)  In  the  case  of  a  designation  of  neglect under
19    subsection (a)(2), a nursing assistant, habilitation aide, or
20    child care aide may petition the Department  for  removal  of
21    the designation upon a determination by the Department that:
22             (1)  the  employment  and  personal  history  of the
23        nursing assistant, habilitation aide, or child care  aide
24        do  not reflect a pattern of abusive behavior or neglect;
25        and
26             (2)  the event involved in the original finding  was
27        a singular occurrence.
28        In  no case shall a determination on a petition submitted
29    under this subsection be made prior to the expiration of  the
30    one   year   period  beginning  on  the  date  on  which  the
31    designation was added under subsection (a)(2).  At  any  time
32    after the suspension or removal from the registry pursuant to
33    subsection (a), (b), or (c) of this Section, a nurse aide may
34    petition  the  Department  for reinstatement on the registry.
 
SB1114 Engrossed            -9-                LRB9102450ACtm
 1    The Department may reinstate the nurse aide on  the  registry
 2    unless,  after an investigation and a hearing, the Department
 3    determines that reinstatement is not in the public interest.
 4    (Source: P.A. 89-197, eff. 7-21-95.)

 5        Section 10.  The Health Care Worker Background Check  Act
 6    is  amended  by changing Sections 15, 20, 25, 30, 35, 40, 55,
 7    and 60 as follows:

 8        (225 ILCS 46/15)
 9        Sec. 15.  Definitions.  For the purposes of this Act, the
10    following definitions apply:
11        "Applicant" means an individual seeking employment with a
12    health care employer who has received a bona fide conditional
13    offer of employment.
14        "Conditional offer of employment" means a bona fide offer
15    of employment by a health  care  employer  to  an  applicant,
16    which  is  contingent  upon  the receipt of a report from the
17    Department of State Police indicating that the applicant does
18    not have a record  of  conviction  of  any  of  the  criminal
19    offenses enumerated in Section 25.
20        "Direct  care"  means  the  provision  of nursing care or
21    assistance with feeding meals, dressing,  movement,  bathing,
22    toileting,  or  other  personal needs. The entity responsible
23    for inspecting and licensing, certifying, or registering  the
24    health  care  employer may, by administrative rule, prescribe
25    guidelines for interpreting this definition  with  regard  to
26    the  health  care employers that it licenses. or maintenance,
27    or general supervision and  oversight  of  the  physical  and
28    mental  well-being  of  an  individual  who  is  incapable of
29    managing his or her person whether or not a guardian has been
30    appointed for that individual.
31        "Health care employer" means:
32        (1)  the owner or licensee of any of the following:
 
SB1114 Engrossed            -10-               LRB9102450ACtm
 1             (i)  a community living facility, as defined in  the
 2        Community Living Facilities Act;
 3             (ii)  a  life  care facility, as defined in the Life
 4        Care Facilities Act;
 5             (iii)  a long-term care facility, as defined in  the
 6        Nursing Home Care Act;
 7             (iv)  a  home  health agency, as defined in the Home
 8        Health Agency Licensing Act;
 9             (v)  a full  hospice,  as  defined  in  the  Hospice
10        Program Licensing Act;
11             (vi)  a   hospital,   as  defined  in  the  Hospital
12        Licensing Act;
13             (vii)  a  community  residential   alternative,   as
14        defined   in   the   Community  Residential  Alternatives
15        Licensing Act;
16             (viii)  a nurse agency,  as  defined  in  the  Nurse
17        Agency Licensing Act;
18             (ix)  a  respite  care  provider,  as defined in the
19        Respite Program Act;
20             (x)  a supportive living program, as defined in  the
21        Illinois Public Aid Code;
22             (xi)  early   childhood   intervention  programs  as
23        described in 59 Ill. Adm. Code 121;
24             (xii)  the University of Illinois Hospital, Chicago;
25        
26             (xiii)  programs funded by the Department  on  Aging
27        through the Community Care Program;
28             (xiv)  programs  certified  to  participate  in  the
29        Supportive  Living Program authorized pursuant to Section
30        5-5.01a of the Illinois Public Aid Code;
31             (xv)  programs  listed  by  the  Emergency   Medical
32        Services  (EMS)  Systems  Act  as  Freestanding Emergency
33        Centers;
34             (xvi)  locations  licensed  under  the   Alternative
 
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 1        Health Care Delivery Act;
 2        (2)  a  day  training program certified by the Department
 3    of Human Services;  or
 4        (3)  a community integrated living  arrangement  operated
 5    by  a  community  mental  health  and  developmental  service
 6    agency,   as   defined  in  the  Community-Integrated  Living
 7    Arrangements Licensing and Certification Act.
 8        "Initiate" means the obtaining of the authorization for a
 9    record check from a student,  applicant,  or  employee.   The
10    educational  entity  or  health care employer or its designee
11    shall transmit all necessary  information  and  fees  to  the
12    Illinois State Police within 10 working days after receipt of
13    the authorization.
14    (Source:  P.A.  89-197,  eff.  7-21-95;  89-507, eff. 7-1-97;
15    89-674,  eff.  8-14-96;  90-14,  eff.  7-1-97;  90-776,  eff.
16    1-1-99.)

17        (225 ILCS 46/20)
18        Sec. 20.  Exceptions.
19        (1)  This Act shall not apply to:
20             (a)  an individual who is licensed by the Department
21        of Professional Regulation or the  Department  of  Public
22        Health under another law of this State;
23             (b)  an  individual employed or retained by a health
24        care employer for whom a  criminal  background  check  is
25        required by another law of this State; or
26             (c)  a  student  in  a  licensed  health  care field
27        including,  but  not  limited  to,  a  student  nurse,  a
28        physical therapy student, or a respiratory  care  student
29        unless he or she is employed by a health care employer in
30        a position with duties involving direct care for clients,
31        patients, or residents.
32        (2)  A  UCIA  criminal  history records check need not be
33    redone by the University of Illinois Hospital, Chicago (U  of
 
SB1114 Engrossed            -12-               LRB9102450ACtm
 1    I) or a program funded by the Department on Aging through the
 2    Community  Care  Program (CCP) if the U of I or the CCP:  (i)
 3    has  done  a  UCIA  check  on  the   individual;   (ii)   has
 4    continuously  employed the individual since the UCIA criminal
 5    records check was done; and  (iii)  has  taken  actions  with
 6    respect to this Act within 12 months after the effective date
 7    of this amendatory Act of the 91st General Assembly.
 8    (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)

 9        (225 ILCS 46/25)
10        Sec.  25.   Persons ineligible to be hired by health care
11    employers.
12        (a) After  January  1,  1996,  or  January  1,  1997,  as
13    applicable,  no  health  care  employer shall knowingly hire,
14    employ, or retain any individual in a  position  with  duties
15    involving  direct  care  for clients, patients, or residents,
16    who has been convicted of committing or attempting to  commit
17    one or more of the offenses defined in Sections 8-1.1, 8-1.2,
18    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,
19    10-3,  10-3.1,  10-4,  10-5,  10-7,  11-6,  11-9.1,  11-19.2,
20    11-20.1,  12-1,  12-2,  12-3,  12-3.1,  12-3.2, 12-4, 12-4.1,
21    12-4.2,  12-4.3,  12-4.4,  12-4.5,  12-4.6,  12-4.7,  12-7.4,
22    12-11, 12-13, 12-14, 12-14.1,  12-15,  12-16,  12-19,  12-21,
23    12-21.6, 12-32, 12-33, 16-1, 16-1.3, 16A-3, 17-3, 18-1, 18-2,
24    18-3,  18-4,  18-5,  19-1,  19-3,  19-4,  20-1, 20-1.1, 24-1,
25    24-1.2, 24-1.5, or 33A-2 of the Criminal Code of 1961;  those
26    provided in Section 4 of the Wrongs to  Children  Act;  those
27    provided  in  Section  53  of the Criminal Jurisprudence Act;
28    those defined in Section 5, 5.1, 5.2, 7, or 9 of the Cannabis
29    Control Act; or those defined in Sections  401,  401.1,  404,
30    405,   405.1,  407,  or  407.1  of  the  Illinois  Controlled
31    Substances Act, unless the applicant or  employee  obtains  a
32    waiver pursuant to Section 40.
33        (b)  A  health  care  employer shall not hire, employ, or
 
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 1    retain any individual in a  position  with  duties  involving
 2    direct  care of clients, patients, or residents if the health
 3    care employer becomes aware  that  the  individual  has  been
 4    convicted  in  another  state  of committing or attempting to
 5    commit an offense that has the same or similar elements as an
 6    offense listed  in  subsection  (a),  as  verified  by  court
 7    records,  records  from  a  state  agency, or an FBI criminal
 8    history record check. This shall not  be  construed  to  mean
 9    that  a  health  care employer has an obligation to conduct a
10    criminal history records check in other states  in  which  an
11    employee has resided.
12    (Source:  P.A.  89-197,  eff. 7-21-95; 89-428, eff. 12-13-95;
13    89-462, eff. 5-29-96; P.A. 90-441, eff. 1-1-98.)

14        (225 ILCS 46/30)
15        Sec. 30.  Non-fingerprint  based  UCIA  criminal  records
16    check.
17        (a)  Beginning  on  January 1, 1997 the effective date of
18    this amendatory Act of 1996,  an  educational  entity,  other
19    than  a  secondary  school,  conducting a nurse aide training
20    program must initiate a UCIA criminal history  records  check
21    prior to entry of an individual into the training program.  A
22    nurse  aide seeking to be included on the nurse aide registry
23    shall authorize  the  Department  of  Public  Health  or  its
24    designee  that  tests nurse aides or the health care employer
25    or its designee to request a criminal  history  record  check
26    pursuant to the Uniform Conviction Information Act (UCIA) for
27    each  nurse  aide  applying  for inclusion on the State nurse
28    aide registry.  Any nurse aide not  submitting  the  required
29    authorization  and  information for the record check will not
30    be added to the State nurse aide registry.  A nurse aide will
31    not be entered on the State nurse aide registry if the report
32    from the Department of State Police indicates that the  nurse
33    aide  has  a  record  of  conviction  of  any of the criminal
 
SB1114 Engrossed            -14-               LRB9102450ACtm
 1    offenses enumerated in Section 25  unless  the  nurse  aide's
 2    identity  is  validated  and  it is determined that the nurse
 3    aide does not have a disqualifying  criminal  history  record
 4    based  upon  a  fingerprint-based  records  check pursuant to
 5    Section 35 or the nurse aide receives a  waiver  pursuant  to
 6    Section 40.
 7        (b)  The  Department  of  Public Health shall notify each
 8    health care employer inquiring as to the information  on  the
 9    State  nurse  aide  registry  of the date of the nurse aide's
10    last UCIA criminal history record check.  If it has been more
11    than one year  since  the  records  check,  the  health  care
12    employer must initiate or have initiated on his or her behalf
13    a  UCIA  criminal  history  record  check  for the nurse aide
14    pursuant to this Section.  The health care employer must send
15    a copy of the results of the record check to the State  nurse
16    aide registry for an individual employed as a nurse aide.
17        (c)  Beginning  January  1,  1996, a health care employer
18    who makes a conditional offer of employment to  an  applicant
19    other than a nurse aide for position with duties that involve
20    direct care for clients, patients, or residents must initiate
21    or  have  initiated  on  his  or  her  behalf a UCIA criminal
22    history record check for that applicant.
23        (d)  No  later  than  January  1,  1997,  a  health  care
24    employer must initiate or have initiated on his or her behalf
25    a  UCIA criminal history record check for all employees other
26    than those enumerated in subsections (a),  (b),  and  (c)  of
27    this  Section  with  duties  that  involve  direct  care  for
28    clients,  patients,  or  residents.  A  health  care employer
29    having  actual  knowledge  from  a  source   other   than   a
30    non-fingerprint  check that an employee has been convicted of
31    committing or  attempting  to  commit  one  of  the  offenses
32    enumerated  in  Section  25  of  this  Act  must  initiate  a
33    fingerprint-based  background check within 10 working days of
34    acquiring that  knowledge.   The  employer  may  continue  to
 
SB1114 Engrossed            -15-               LRB9102450ACtm
 1    employ  that  individual  in  a  direct  care  position,  may
 2    reassign  that  individual  to a non-direct care position, or
 3    may  suspend  the  individual  until  the  results   of   the
 4    fingerprint-based background check are received.
 5        (e)  The request for a UCIA criminal history record check
 6    must  be  in  the  form prescribed by the Department of State
 7    Police.
 8        (f)  The applicant or employee must be  notified  of  the
 9    following whenever a non-fingerprint check is made:
10             (i)  that  the health care employer shall request or
11        have requested on his  or  her  behalf  a  UCIA  criminal
12        history record check pursuant to this Act;
13             (ii)  that  the applicant or employee has a right to
14        obtain a copy of the criminal  records  report  from  the
15        health   care   employer,   challenge  the  accuracy  and
16        completeness of the report, and request  a  waiver  under
17        Section 40 of this Act;
18             (iii)  that  the  applicant, if hired conditionally,
19        may  be  terminated  if  the  criminal   records   report
20        indicates  that  the applicant has a record of conviction
21        of any of the criminal offenses enumerated in Section  25
22        unless  the  applicant's  identity is validated and it is
23        determined  that  the   applicant   does   not   have   a
24        disqualifying   criminal   history   record  based  on  a
25        fingerprint-based records check pursuant to Section 35.
26             (iv)  that   the    applicant,    if    not    hired
27        conditionally, shall not be hired if the criminal records
28        report  indicates  that  the  applicant  has  a record of
29        conviction of any of the criminal offenses enumerated  in
30        Section 25 unless the applicant's record is cleared based
31        on  a fingerprint-based records check pursuant to Section
32        35.
33             (v)  that the employee  may  be  terminated  if  the
34        criminal records report indicates that the employee has a
 
SB1114 Engrossed            -16-               LRB9102450ACtm
 1        record  of  conviction  of  any  of the criminal offenses
 2        enumerated in Section 25 unless the employee's record  is
 3        cleared   based  on  a  fingerprint-based  records  check
 4        pursuant to Section 35.
 5        (g)  A health care employer may conditionally  employ  an
 6    applicant  to  provide direct care for up to 3 months pending
 7    the results of a UCIA criminal history record check.
 8    (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)

 9        (225 ILCS 46/35)
10        Sec. 35.  Fingerprint-based UCIA criminal records  check.
11    An  applicant,  employee,  or  nurse aide whose UCIA criminal
12    history record check indicates a conviction for committing or
13    attempting to commit one or more of the  offenses  enumerated
14    in  subsection  (a) of Section 25 may request that the health
15    care employer or its designee  commence  a  fingerprint-based
16    UCIA  criminal records check by submitting any necessary fees
17    and information in  a  form  and  manner  prescribed  by  the
18    Department  of  State  Police within 30 days after receipt of
19    the criminal records report.  The fee for a fingerprint-based
20    UCIA criminal records check shall not exceed the actual  cost
21    of the records check.
22    (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)

23        (225 ILCS 46/40)
24        Sec. 40.  Waiver.
25        (a)  An  applicant, employee, or nurse aide may request a
26    waiver of the prohibition against  employment  by  submitting
27    the  following  information  to  the  entity  responsible for
28    inspecting, licensing, certifying, or registering the  health
29    care  employer within 5 working days after the receipt of the
30    criminal records report:
31             (1)  Information    necessary    to    initiate    a
32        fingerprint-based UCIA criminal records check in  a  form
 
SB1114 Engrossed            -17-               LRB9102450ACtm
 1        and  manner prescribed by the Department of State Police;
 2        and
 3             (2)  The fee for a fingerprint-based  UCIA  criminal
 4        records  check, which shall not exceed the actual cost of
 5        the record check.
 6        (a-5)  The entity responsible for inspecting,  licensing,
 7    certifying,  or  registering  the  health  care  employer may
 8    accept the results of  the  fingerprint-based  UCIA  criminal
 9    records check instead of the items required by paragraphs (1)
10    and (2) of subsection (a).
11        (b)  The  entity  responsible  for inspecting, licensing,
12    certifying, or registering the health care employer may grant
13    a waiver based upon any mitigating circumstances,  which  may
14    include, but need not be limited to:
15             (1)  The  age  of  the individual at which the crime
16        was committed;
17             (2)  The circumstances surrounding the crime;
18             (3)  The length of time since the conviction;
19             (4)  The applicant or  employee's  criminal  history
20        since the conviction;
21             (5)  The applicant or employee's work history;
22             (6)  The  applicant or employee's current employment
23        references;
24             (7)  The   applicant   or    employee's    character
25        references;
26             (8)  Nurse aide registry records; and
27             (9)  Other evidence demonstrating the ability of the
28        applicant   or   employee   to   perform  the  employment
29        responsibilities  competently  and  evidence   that   the
30        applicant  or  employee  does  not  pose  a threat to the
31        health or safety of residents, patients, or clients.
32        (c)  The entity responsible  for  inspecting,  licensing,
33    certifying, or registering a health care employer must inform
34    the health care employer if a waiver is being sought and must
 
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 1    act  upon the waiver request within 30 days of receipt of all
 2    necessary information, as defined by rule.
 3        (d)  An individual shall not be employed in a direct care
 4    position from the time that the employer receives the results
 5    of   a   non-fingerprint   check   containing   disqualifying
 6    conditions until the time  that  the  individual  receives  a
 7    waiver  from the Department. If the individual challenges the
 8    results  of  the  non-fingerprint  check,  the  employer  may
 9    continue to employ the individual in a direct  care  position
10    if   the  individual  presents  convincing  evidence  to  the
11    employer that the non-fingerprint check is  invalid.  If  the
12    individual  challenges  the  results  of  the non-fingerprint
13    check,  his  or  her  identity  shall  be  validated   by   a
14    fingerprint-based  records  check  in accordance with Section
15    35. An individual may  not  be  employed  in  a  direct  care
16    position during the pendency of a waiver request.
17        (e)  The  entity  responsible  for inspecting, licensing,
18    certifying, or registering the health care employer shall  be
19    immune  from  liability  for  any  waivers granted under this
20    Section.
21        (f)  A health care employer is not obligated to employ or
22    offer permanent employment to an applicant, or to  retain  an
23    employee who is granted a waiver under this Section.
24    (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)

25        (225 ILCS 46/55)
26        Sec.   55.  Immunity   from  liability.   A  health  care
27    employer shall not be liable for the failure to  hire  or  to
28    retain  an  applicant  or  employee who has been convicted of
29    committing or  attempting  to  commit  one  or  more  of  the
30    offenses  enumerated  in subsection (a) of Section 25 of this
31    the Act. However, if a health care worker is  suspended  from
32    employment  based  on  the  results  of a criminal background
33    check conducted under this Act and the results prompting  the
 
SB1114 Engrossed            -19-               LRB9102450ACtm
 1    suspension  are  subsequently  found  to  be  inaccurate, the
 2    health care worker is entitled to recover backpay from his or
 3    her health care employer for the suspension  period  provided
 4    that the employer is the cause of the inaccuracy.
 5        No  health  care  employer  shall  be  chargeable for any
 6    benefit charges that result from the payment of  unemployment
 7    benefits  to any claimant when the claimant's separation from
 8    that  employer  occurred  because  the  claimant's   criminal
 9    background  included  an offense enumerated in subsection (a)
10    of Section 25, or the claimant's separation from that  health
11    care  employer occurred as a result of the claimant violating
12    a policy that the employer was required to maintain  pursuant
13    to the Drug Free Workplace Act.
14    (Source:  P.A.  89-197,  eff.  7-21-95; 89-674, eff. 8-14-96;
15    90-441, eff. 1-1-98.)

16        (225 ILCS 46/60)
17        Sec. 60.  Offense.
18        (a)  Any person whose profession is  job  counseling  who
19    knowingly  counsels  any  person  who  has  been convicted of
20    committing or  attempting  to  commit  any  of  the  offenses
21    enumerated  in  subsection  (a)  of Section 25 to apply for a
22    position with duties involving direct contact with a  client,
23    patient,  or  resident  of  a  health  care employer shall be
24    guilty of a Class A misdemeanor unless a  waiver  is  granted
25    pursuant to Section 40 of this Act.
26        (b)  Subsection  (a)  does  not  apply  to  an individual
27    performing   official   duties   in   connection   with   the
28    administration of the State employment service  described  in
29    Section 1705 of the Unemployment Insurance Act.
30    (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)

31        Section  99.   Effective  date.   This  Act  takes effect
32    January 1, 2000.

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