State of Illinois
91st General Assembly
Public Acts

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 91-0598

SB1114 Enrolled                                LRB9102450ACtm

    AN ACT regarding health care professionals.

    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 Sections 3-206, 3-206.01, and 3-206.02 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.  nurse's  aides,  orderlies   and   nurse
technicians.
    (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  nurse's  aide, orderly or nurse
technician 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
    nurse's  aides, orderlies and nurse technicians, approved
    by the Department, within 45 days of  initial  employment
    in  the  capacity  of  a  nursing assistant, habilitation
    aide, or child care aide nurse's aide, orderly  or  nurse
    technician  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  nurse's aide,
    orderly  or  nurse  technician  at  a  facility.  Nursing
    assistants, habilitation  aides,  and  child  care  aides
    Nurse's  aides,  orderlies  and nurse technicians 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
    and  regulations  for  such  courses  of training.  These
    rules  and  regulations  shall  include  procedures   for
    facilities  to  carry  on  an approved course of training
    within the facility.
         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.  However,  no  person  who  on   the
    effective date of this Act has been continuously employed
    at the same facility for one year or has been employed at
    more  than  one  facility  for 2 years as a nurse's aide,
    orderly or nurse technician shall be required to complete
    such a course of training, and no student intern shall be
    required to complete a course of training.
         Any person who is or will be employed as  a  nurse's
    aide, orderly or nurse technician in a facility may elect
    to  take  a  proficiency  examination.   Upon  successful
    completion of such proficiency examination, no person who
    is  or  will  be  employed  as a nurse's aide, orderly or
    nurse technician shall be required to complete  a  course
    of  training as required by this Section.  The Department
    may, by rule, establish a recognized course which may  be
    taught  in  a  facility.  Persons enrolled in such course
    shall  be   required   to   successfully   complete   the
    proficiency   examination   within  120  days  after  the
    commencement of employment.  The Department  shall  adopt
    rules  and  regulations  governing  the  composition  and
    administration of such proficiency examinations.
         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  nurse's  aides,  orderlies  and  nurse
    technicians.
         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  nurse's  aide,
    orderly or nurse technician who is required to be trained
    under  this  Section  or who has successfully completed a
    proficiency examination as described in this Section,  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  nurse's  aide,
    orderly   or   nurse  technician  to  complete  inservice
    training and review in the  facility  until  the  nursing
    assistant,  habilitation aide, or child care aide nurse's
    aide, orderly or nurse  technician  demonstrates  to  the
    Department, either through written examination or action,
    or  both,  sufficient  knowledge in all areas of required
    training; and
         (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 nurse aide training program shall initiate  a
UCIA  criminal  history  record  check  prior  to entry of an
individual into the training program. A secondary school  may
initiate  a  UCIA  criminal history record check prior to the
entry of an individual into a training program.
    (a-1)  Nursing assistants, habilitation aides,  or  child
care  aides  Nurse  aides seeking to be included on the nurse
aide registry on or after January 1, 1996 must authorize  the
Department  of  Public  Health  or  its  designee  that tests
nursing assistants nurse aides to  request  a  UCIA  criminal
history check and submit all necessary information.
    (b)  Persons  subject to this Section shall perform their
duties under the supervision of a nurse.
    (c)  It is unlawful for any facility to employ any person
in the capacity of nursing assistant, habilitation  aide,  or
child care aide nurse's aide, orderly or nurse technician, 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.
    (e)  Each  facility  shall certify to the Department on a
form provided  by  the  Department  the  name  and  residence
address  of  each employee, and that each employee subject to
this Section meets all the requirements of this Section.
    (f)  Any facility that which is  operated  under  Section
3-803 shall be exempt from the requirements of this Section.
    (g)  Each  skilled nursing and intermediate care facility
that  which  admits  persons  who  are  diagnosed  as  having
Alzheimer's disease or related dementias  shall  require  all
nursing  assistants,  habilitation aides, or child care aides
nurse's aides, orderlies and nurse technicians, 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  which  have  a
recognized course for such training.  The  Department  shall,
by  rule,  establish  a  recognized course for such training;
however, no  such  additional  hours  of  training  shall  be
required  of  any  nurse's  aide, orderly or nurse technician
employed in such capacity  on  the  effective  date  of  this
amendatory Act of 1987.  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 such training that which 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 but remains continuously employed  as
a  nursing  assistant,  habilitation aide, or child care aide
nurse's  aide,  orderly  or   nurse   technician.    Licensed
sheltered   care   facilities   shall   be  exempt  from  the
requirements of this Section.
(Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)

    (210  ILCS  45/3-206.01)  (from   Ch.   111   1/2,   par.
4153-206.01)
    Sec.   3-206.01.   The  Department  shall  establish  and
maintain   a   registry   of   all   individuals   who   have
satisfactorily completed the  training  required  by  Section
3-206  and  who  have  not  been disqualified pursuant to the
Health Care Background Check Act. The registry shall  include
the  name  of  the  nursing  assistant, habilitation aide, or
child care aide nurse  aide,  his  or  her  current  address,
Social  Security  number,  and  the  date and location of the
training course completed by the  individual  aide,  and  the
date  of  the individual's nurse aide's last criminal records
check. Any individual nurse aide placed on  the  registry  is
required  to  inform  the Department of any change of address
within 30 days. A facility shall not employ an individual  as
a  nursing  assistant,  habilitation aide, or child care aide
nurse aide unless the facility has inquired of the Department
as to information in the registry concerning  the  individual
and  shall  not  employ anyone not on the registry unless the
individual is enrolled in a training program under  paragraph
(5) of subsection (a) of Section 3-206 of this Act.
    If   the  Department  finds  that  a  nursing  assistant,
habilitation aide, or child care aide nurse aide has abused a
resident, neglected a resident, or  misappropriated  resident
property  in  a  facility,  the  Department  shall notify the
individual nurse aide of this finding by certified mail  sent
to  the  address  contained in the registry. The notice shall
give the individual nurse aide an opportunity to contest  the
finding  in  a  hearing  before the Department or to submit a
written response to the findings  in  lieu  of  requesting  a
hearing.  If, after a hearing or if the individual nurse aide
does not request a hearing, the  Department  finds  that  the
individual   nurse   aide  abused  a  resident,  neglected  a
resident, or misappropriated resident property in a facility,
the finding shall be included  as  part  of  the  nurse  aide
registry  as  well  as a brief statement from the individual,
nurse aide if he or she chooses to make such a statement. The
Department shall make available to the public information  in
the  registry  available  to  the  public.  In  the  case  of
inquiries  to the registry concerning an individual listed in
the registry, any information  disclosed  concerning  such  a
finding shall also include disclosure of any statement in the
registry  relating  to  the  finding  or a clear and accurate
summary of the statement.
(Source: P.A. 89-197, eff. 7-21-95.)

    (210  ILCS  45/3-206.02)  (from   Ch.   111   1/2,   par.
4153-206.02)
    Sec.  3-206.02.  (a)  The Department, after notice to the
nursing assistant, habilitation  aide,  or  child  care  aide
nurse  aide,  may  denote that suspend or remove a nurse aide
from the registry in any case in  which  the  Department  has
found finds any of the following:
         (1)  The  nursing  assistant,  habilitation aide, or
    child care aide nurse aide has abused a resident.
         (2)  The nursing assistant,  habilitation  aide,  or
    child care aide nurse aide has neglected a resident.
         (3)  The  nursing  assistant,  habilitation aide, or
    child care aide nurse aide has  misappropriated  resident
    property.
         (4)  The  nursing  assistant,  habilitation aide, or
    child care aide nurse aide has been convicted  of  (i)  a
    felony, (ii) a misdemeanor, an essential element of which
    is  dishonesty,  or  (iii)  any  crime  that  is directly
    related  to  the   duties   of   a   nursing   assistant,
    habilitation aide, or child care aide nurse aide.
    (b)  Notice  under this Section shall include a clear and
concise statement of the grounds denoting abuse, neglect,  or
theft  on which the suspension or removal is based and notice
of the opportunity for a hearing to contest  the  designation
suspension or removal.
    (c)  The  Department  may  suspend  or  remove denote any
nursing assistant, habilitation aide, or child care  aide  on
nurse  aide from the registry who fails (i) to file a return,
(ii) to pay the tax, penalty or interest  shown  in  a  filed
return,  or (iii) to pay any final assessment of tax, penalty
or interest, as required by any tax Act administered  by  the
Illinois   Department   of   Revenue,   until  the  time  the
requirements of the tax Act are satisfied.
    (c-1)  The Department shall document criminal  background
check  results remove a nurse aide from the registry pursuant
to the requirements of  the  Health  Care  Worker  Background
Check Act.
    (d)  At  any  time after the designation on suspension or
removal from the registry pursuant to subsection (a), (b), or
(c) of this Section, a nursing assistant, habilitation  aide,
or child care aide nurse aide may petition the Department for
removal  of  designation  reinstatement on the registry.  The
Department  may  remove  the  designation  of  reinstate  the
nursing assistant, habilitation  aide,  or  child  care  aide
nurse aide on the registry unless, after an investigation and
a   hearing,   the  Department  determines  that  removal  of
designation reinstatement is not in the public interest.
(Source: P.A. 89-197, eff. 7-21-95.)

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

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

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

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

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

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

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

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

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

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

[ Top ]