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91_SB1673
LRB9113088ACtm
1 AN ACT to amend the Health Care Worker Background Check
2 Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Health Care Worker Background Check Act
6 is amended by changing Sections 10, 15, and 30 as follows:
7 (225 ILCS 46/10)
8 Sec. 10. Applicability. This Act applies to all
9 individuals employed or retained by a health care employer as
10 home health care aides, nurse aides, personal care
11 assistants, private duty nurse aides, day training personnel,
12 or an individual working in any similar health-related
13 occupation where he or she provides direct care. As of the
14 effective date of this amendatory Act of the 91st General
15 Assembly, this Act applies to an individual employed or
16 retained by a health care employer as a home health care
17 aide, nurse aide, personal care assistant, private duty nurse
18 aide, day training personnel, or an individual working in any
19 similar health-related occupation whether or not the
20 individual provides direct care.
21 (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)
22 (225 ILCS 46/15)
23 (Text of Section before amendment by P.A. 91-656)
24 Sec. 15. Definitions. For the purposes of this Act, the
25 following definitions apply:
26 "Applicant" means an individual seeking employment with a
27 health care employer who has received a bona fide conditional
28 offer of employment.
29 "Conditional offer of employment" means a bona fide offer
30 of employment by a health care employer to an applicant,
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1 which is contingent upon the receipt of a report from the
2 Department of State Police indicating that the applicant does
3 not have a record of conviction of any of the criminal
4 offenses enumerated in Section 25.
5 "Direct care" means the provision of nursing care or
6 assistance with feeding, dressing, movement, bathing,
7 toileting, or other personal needs. The entity responsible
8 for inspecting and licensing, certifying, or registering the
9 health care employer may, by administrative rule, prescribe
10 guidelines for interpreting this definition with regard to
11 the health care employers that it licenses.
12 "Health care employer" means:
13 (1) the owner or licensee of any of the following:
14 (i) a community living facility, as defined in the
15 Community Living Facilities Act;
16 (ii) a life care facility, as defined in the Life
17 Care Facilities Act;
18 (iii) a long-term care facility, as defined in the
19 Nursing Home Care Act;
20 (iv) a home health agency, as defined in the Home
21 Health Agency Licensing Act;
22 (v) a full hospice, as defined in the Hospice
23 Program Licensing Act;
24 (vi) a hospital, as defined in the Hospital
25 Licensing Act;
26 (vii) a community residential alternative, as
27 defined in the Community Residential Alternatives
28 Licensing Act;
29 (viii) a nurse agency, as defined in the Nurse
30 Agency Licensing Act;
31 (ix) a respite care provider, as defined in the
32 Respite Program Act;
33 (ix-a) an establishment licensed under the Assisted
34 Living and Shared Housing Act;
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1 (x) a supportive living program, as defined in the
2 Illinois Public Aid Code;
3 (xi) early childhood intervention programs as
4 described in 59 Ill. Adm. Code 121;
5 (xii) the University of Illinois Hospital, Chicago;
6 (xiii) programs funded by the Department on Aging
7 through the Community Care Program;
8 (xiv) programs certified to participate in the
9 Supportive Living Program authorized pursuant to Section
10 5-5.01a of the Illinois Public Aid Code;
11 (xv) programs listed by the Emergency Medical
12 Services (EMS) Systems Act as Freestanding Emergency
13 Centers;
14 (xvi) locations licensed under the Alternative
15 Health Care Delivery Act;
16 (2) a day training program certified by the Department
17 of Human Services; or
18 (3) a community integrated living arrangement operated
19 by a community mental health and developmental service
20 agency, as defined in the Community-Integrated Living
21 Arrangements Licensing and Certification Act; or.
22 (4) a mental health or developmental disabilities
23 facility operated by the Department of Human Services.
24 "Initiate" means the obtaining of the authorization for a
25 record check from a student, applicant, or employee. The
26 educational entity or health care employer or its designee
27 shall transmit all necessary information and fees to the
28 Illinois State Police within 10 working days after receipt of
29 the authorization.
30 (Source: P.A. 90-14, eff. 7-1-97; 90-776, eff. 1-1-99;
31 91-598, eff. 1-1-00.)
32 (Text of Section after amendment by P.A. 91-656)
33 Sec. 15. Definitions. For the purposes of this Act, the
34 following definitions apply:
-4- LRB9113088ACtm
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, 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.
17 "Health care employer" means:
18 (1) the owner or licensee of any of the following:
19 (i) a community living facility, as defined in the
20 Community Living Facilities Act;
21 (ii) a life care facility, as defined in the Life
22 Care Facilities Act;
23 (iii) a long-term care facility, as defined in the
24 Nursing Home Care Act;
25 (iv) a home health agency, as defined in the Home
26 Health Agency Licensing Act;
27 (v) a full hospice, as defined in the Hospice
28 Program Licensing Act;
29 (vi) a hospital, as defined in the Hospital
30 Licensing Act;
31 (vii) a community residential alternative, as
32 defined in the Community Residential Alternatives
33 Licensing Act;
34 (viii) a nurse agency, as defined in the Nurse
-5- LRB9113088ACtm
1 Agency Licensing Act;
2 (ix) a respite care provider, as defined in the
3 Respite Program Act;
4 (ix-a) an establishment licensed under the Assisted
5 Living and Shared Housing Act; (xi)
6 (x) a supportive living program, as defined in the
7 Illinois Public Aid Code;
8 (xi) early childhood intervention programs as
9 described in 59 Ill. Adm. Code 121;
10 (xii) the University of Illinois Hospital, Chicago;
11 (xiii) programs funded by the Department on Aging
12 through the Community Care Program;
13 (xiv) programs certified to participate in the
14 Supportive Living Program authorized pursuant to Section
15 5-5.01a of the Illinois Public Aid Code;
16 (xv) programs listed by the Emergency Medical
17 Services (EMS) Systems Act as Freestanding Emergency
18 Centers;
19 (xvi) locations licensed under the Alternative
20 Health Care Delivery Act;
21 (2) a day training program certified by the Department
22 of Human Services; or
23 (3) a community integrated living arrangement operated
24 by a community mental health and developmental service
25 agency, as defined in the Community-Integrated Living
26 Arrangements Licensing and Certification Act; or.
27 (4) a mental health or developmental disabilities
28 facility operated by the Department of Human Services.
29 "Initiate" means the obtaining of the authorization for a
30 record check from a student, applicant, or employee. The
31 educational entity or health care employer or its designee
32 shall transmit all necessary information and fees to the
33 Illinois State Police within 10 working days after receipt of
34 the authorization.
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1 (Source: P.A. 90-14, eff. 7-1-97; 90-776, eff. 1-1-99;
2 91-598, eff. 1-1-00; 91-656, eff. 1-1-01; revised 1-6-00.)
3 (225 ILCS 46/30)
4 Sec. 30. Non-fingerprint based UCIA criminal records
5 check.
6 (a) Beginning on January 1, 1997, an educational entity,
7 other than a secondary school, conducting a nurse aide
8 training program must initiate a UCIA criminal history
9 records check prior to entry of an individual into the
10 training program. A nurse aide seeking to be included on the
11 nurse aide registry shall authorize the Department of Public
12 Health or its designee that tests nurse aides or the health
13 care employer or its designee to request a criminal history
14 record check pursuant to the Uniform Conviction Information
15 Act (UCIA) for each nurse aide applying for inclusion on the
16 State nurse aide registry. Any nurse aide not submitting the
17 required authorization and information for the record check
18 will not be added to the State nurse aide registry. A nurse
19 aide will not be entered on the State nurse aide registry if
20 the report from the Department of State Police indicates that
21 the nurse aide has a record of conviction of any of the
22 criminal offenses enumerated in Section 25 unless the nurse
23 aide's identity is validated and it is determined that the
24 nurse aide does not have a disqualifying criminal history
25 record based upon a fingerprint-based records check pursuant
26 to Section 35 or the nurse aide receives a waiver pursuant to
27 Section 40.
28 (b) The Department of Public Health shall notify each
29 health care employer inquiring as to the information on the
30 State nurse aide registry of the date of the nurse aide's
31 last UCIA criminal history record check. If it has been more
32 than one year since the records check, the health care
33 employer must initiate or have initiated on his or her behalf
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1 a UCIA criminal history record check for the nurse aide
2 pursuant to this Section. The health care employer must send
3 a copy of the results of the record check to the State nurse
4 aide registry for an individual employed as a nurse aide.
5 (c) Beginning January 1, 1996 a health care employer who
6 makes a conditional offer of employment to an applicant other
7 than a nurse aide for a position with duties that involve
8 direct care for clients, patients, or residents must initiate
9 or have initiated on his or her behalf a UCIA criminal
10 history record check for that applicant.
11 (c-5) Beginning July 1, 2000, a health care employer who
12 makes a conditional offer of employment to an applicant other
13 than a nurse aide must initiate or have initiated on his or
14 her behalf a UCIA criminal history record check for that
15 applicant, whether or not the position involves direct care
16 for clients, patients, or residents.
17 (d) No later than January 1, 1997 a health care employer
18 must initiate or have initiated on his or her behalf a UCIA
19 criminal history record check for all employees other than
20 those enumerated in subsections (a), (b), and (c) of this
21 Section with duties that involve direct care for clients,
22 patients, or residents. A health care employer having actual
23 knowledge from a source other than a non-fingerprint check
24 that an employee has been convicted of committing or
25 attempting to commit one of the offenses enumerated in
26 Section 25 of this Act must initiate a fingerprint-based
27 background check within 10 working days of acquiring that
28 knowledge. The employer may continue to employ that
29 individual in a direct care position, may reassign that
30 individual to a non-direct care position, or may suspend the
31 individual until the results of the fingerprint-based
32 background check are received.
33 (d-5) No later than January 1, 2001, a health care
34 employer must initiate or have initiated on his or her behalf
-8- LRB9113088ACtm
1 a UCIA criminal history check for all employees other than
2 those enumerated in subsections (a) through (d) of this
3 Section, whether or not the position involves direct care for
4 clients, patients, or residents. A health care employer
5 having actual knowledge from a source other than a
6 non-fingerprint check that an employee has been convicted of
7 committing or attempting to commit one of the offenses
8 enumerated in Section 25 of this Act must initiate a
9 fingerprint-based background check within 10 working day
10 after acquiring that knowledge. The employer may continue to
11 employ that individual in his or her current position, may
12 reassign the individual, or may suspend the individual until
13 the results of the fingerprint-based background check are
14 received.
15 (e) The request for a UCIA criminal history record check
16 must be in the form prescribed by the Department of State
17 Police.
18 (f) The applicant or employee must be notified of the
19 following whenever a non-fingerprint check is made:
20 (i) that the health care employer shall request or
21 have requested on his or her behalf a UCIA criminal
22 history record check pursuant to this Act;
23 (ii) that the applicant or employee has a right to
24 obtain a copy of the criminal records report from the
25 health care employer, challenge the accuracy and
26 completeness of the report, and request a waiver under
27 Section 40 of this Act;
28 (iii) that the applicant, if hired conditionally,
29 may be terminated if the criminal records report
30 indicates that the applicant has a record of conviction
31 of any of the criminal offenses enumerated in Section 25
32 unless the applicant's identity is validated and it is
33 determined that the applicant does not have a
34 disqualifying criminal history record based on a
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1 fingerprint-based records check pursuant to Section 35.
2 (iv) that the applicant, if not hired
3 conditionally, shall not be hired if the criminal records
4 report indicates that the applicant has a record of
5 conviction of any of the criminal offenses enumerated in
6 Section 25 unless the applicant's record is cleared based
7 on a fingerprint-based records check pursuant to Section
8 35.
9 (v) that the employee may be terminated if the
10 criminal records report indicates that the employee has a
11 record of conviction of any of the criminal offenses
12 enumerated in Section 25 unless the employee's record is
13 cleared based on a fingerprint-based records check
14 pursuant to Section 35.
15 (g) A health care employer may conditionally employ an
16 applicant to provide direct care for up to 3 months pending
17 the results of a UCIA criminal history record check.
18 (Source: P.A. 91-598, eff. 1-1-00.)
19 Section 95. No acceleration or delay. Where this Act
20 makes changes in a statute that is represented in this Act by
21 text that is not yet or no longer in effect (for example, a
22 Section represented by multiple versions), the use of that
23 text does not accelerate or delay the taking effect of (i)
24 the changes made by this Act or (ii) provisions derived from
25 any other Public Act.
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.