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Public Act 100-0297


 

Public Act 0297 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0297
 
HB0481 EnrolledLRB100 06343 MJP 16381 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Nursing Home Care Act is amended by changing
Section 3-206 as follows:
 
    (210 ILCS 45/3-206)  (from Ch. 111 1/2, par. 4153-206)
    Sec. 3-206. The Department shall prescribe a curriculum for
training nursing assistants, habilitation aides, and child
care aides.
    (a) No person, except a volunteer who receives no
compensation from a facility and is not included for the
purpose of meeting any staffing requirements set forth by the
Department, shall act as a nursing assistant, habilitation
aide, or child care aide in a facility, nor shall any person,
under any other title, not licensed, certified, or registered
to render medical care by the Department of Professional
Regulation, assist with the personal, medical, or nursing care
of residents in a facility, unless such person meets the
following requirements:
        (1) Be at least 16 years of age, of temperate habits
    and good moral character, honest, reliable and
    trustworthy.
        (2) Be able to speak and understand the English
    language or a language understood by a substantial
    percentage of the facility's residents.
        (3) Provide evidence of employment or occupation, if
    any, and residence for 2 years prior to his present
    employment.
        (4) Have completed at least 8 years of grade school or
    provide proof of equivalent knowledge.
        (5) Begin a current course of training for nursing
    assistants, habilitation aides, or child care aides,
    approved by the Department, within 45 days of initial
    employment in the capacity of a nursing assistant,
    habilitation aide, or child care aide at any facility. Such
    courses of training shall be successfully completed within
    120 days of initial employment in the capacity of nursing
    assistant, habilitation aide, or child care aide at a
    facility. Nursing assistants, habilitation aides, and
    child care aides who are enrolled in approved courses in
    community colleges or other educational institutions on a
    term, semester or trimester basis, shall be exempt from the
    120 day completion time limit. The Department shall adopt
    rules for such courses of training. These rules shall
    include procedures for facilities to carry on an approved
    course of training within the facility. The Department
    shall allow an individual to satisfy the supervised
    clinical experience requirement for placement on the
    Health Care Worker Registry under 77 Ill. Adm. Code 300.663
    through supervised clinical experience at an assisted
    living establishment licensed under the Assisted Living
    and Shared Housing Act. The Department shall adopt rules
    requiring that the Health Care Worker Registry include
    information identifying where an individual on the Health
    Care Worker Registry received his or her clinical training.
        The Department may accept comparable training in lieu
    of the 120 hour course for student nurses, foreign nurses,
    military personnel, or employes of the Department of Human
    Services.
        The facility shall develop and implement procedures,
    which shall be approved by the Department, for an ongoing
    review process, which shall take place within the facility,
    for nursing assistants, habilitation aides, and child care
    aides.
        At the time of each regularly scheduled licensure
    survey, or at the time of a complaint investigation, the
    Department may require any nursing assistant, habilitation
    aide, or child care aide to demonstrate, either through
    written examination or action, or both, sufficient
    knowledge in all areas of required training. If such
    knowledge is inadequate the Department shall require the
    nursing assistant, habilitation aide, or child care aide to
    complete inservice training and review in the facility
    until the nursing assistant, habilitation aide, or child
    care aide demonstrates to the Department, either through
    written examination or action, or both, sufficient
    knowledge in all areas of required training.
        (6) Be familiar with and have general skills related to
    resident care.
    (a-0.5) An educational entity, other than a secondary
school, conducting a nursing assistant, habilitation aide, or
child care aide training program shall initiate a criminal
history record check in accordance with the Health Care Worker
Background Check Act prior to entry of an individual into the
training program. A secondary school may initiate a criminal
history record check in accordance with the Health Care Worker
Background Check Act at any time during or after a training
program.
    (a-1) Nursing assistants, habilitation aides, or child
care aides seeking to be included on the registry maintained
under Section 3-206.01 on or after January 1, 1996 must
authorize the Department of Public Health or its designee to
request a criminal history record check in accordance with the
Health Care Worker Background Check Act and submit all
necessary information. An individual may not newly be included
on the registry unless a criminal history record check has been
conducted with respect to the individual.
    (b) Persons subject to this Section shall perform their
duties under the supervision of a licensed nurse.
    (c) It is unlawful for any facility to employ any person in
the capacity of nursing assistant, habilitation aide, or child
care aide, or under any other title, not licensed by the State
of Illinois to assist in the personal, medical, or nursing care
of residents in such facility unless such person has complied
with this Section.
    (d) Proof of compliance by each employee with the
requirements set out in this Section shall be maintained for
each such employee by each facility in the individual personnel
folder of the employee. Proof of training shall be obtained
only from the health care worker registry.
    (e) Each facility shall obtain access to the health care
worker registry's web application, maintain the employment and
demographic information relating to each employee, and verify
by the category and type of employment that each employee
subject to this Section meets all the requirements of this
Section.
    (f) Any facility that is operated under Section 3-803 shall
be exempt from the requirements of this Section.
    (g) Each skilled nursing and intermediate care facility
that admits persons who are diagnosed as having Alzheimer's
disease or related dementias shall require all nursing
assistants, habilitation aides, or child care aides, who did
not receive 12 hours of training in the care and treatment of
such residents during the training required under paragraph (5)
of subsection (a), to obtain 12 hours of in-house training in
the care and treatment of such residents. If the facility does
not provide the training in-house, the training shall be
obtained from other facilities, community colleges or other
educational institutions that have a recognized course for such
training. The Department shall, by rule, establish a recognized
course for such training. The Department's rules shall provide
that such training may be conducted in-house at each facility
subject to the requirements of this subsection, in which case
such training shall be monitored by the Department.
    The Department's rules shall also provide for
circumstances and procedures whereby any person who has
received training that meets the requirements of this
subsection shall not be required to undergo additional training
if he or she is transferred to or obtains employment at a
different facility or a facility other than a long-term care
facility but remains continuously employed for pay as a nursing
assistant, habilitation aide, or child care aide. Individuals
who have performed no nursing or nursing-related services for a
period of 24 consecutive months shall be listed as "inactive"
and as such do not meet the requirements of this Section.
Licensed sheltered care facilities shall be exempt from the
requirements of this Section.
(Source: P.A. 96-1372, eff. 7-29-10.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/24/2017