Illinois General Assembly - Full Text of HB3019
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Full Text of HB3019  93rd General Assembly

HB3019 93rd General Assembly


093_HB3019

 
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 1        AN ACT concerning nursing homes.

 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 Section 3-206 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.
10        (a)  No  person,  except  a  volunteer  who  receives  no
11    compensation from a facility and  is  not  included  for  the
12    purpose of meeting any staffing requirements set forth by the
13    Department,  shall  act  as a nursing assistant, habilitation
14    aide, or child care aide in a facility, nor shall any person,
15    under any other title, not licensed, certified, or registered
16    to render medical care  by  the  Department  of  Professional
17    Regulation,  assist  with  the  personal, medical, or nursing
18    care of residents in a facility, unless such person meets the
19    following requirements:
20             (1)  Be  at  least  16  years  of  age, of temperate
21        habits and good moral  character,  honest,  reliable  and
22        trustworthy;
23             (2)  Be  able  to  speak  and understand the English
24        language  or  a  language  understood  by  a  substantial
25        percentage of the facility's residents;
26             (3)  Provide evidence of employment  or  occupation,
27        if  any,  and residence for one year 2 years prior to his
28        or her present employment;
29             (4)  Have completed at least 8 years of grade school
30        or provide proof of equivalent knowledge;
31             (5)  Begin a current course of training for  nursing
 
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 1        assistants,  habilitation  aides,  or  child  care aides,
 2        approved by the Department, within  45  days  of  initial
 3        employment  in  the  capacity  of  a  nursing  assistant,
 4        habilitation  aide,  or  child care aide at any facility.
 5        Such courses of training shall be successfully  completed
 6        within  120 days of initial employment in the capacity of
 7        nursing assistant, habilitation aide, or child care  aide
 8        at  a  facility.  Nursing assistants, habilitation aides,
 9        and child care aides who are enrolled in approved courses
10        in community colleges or other  educational  institutions
11        on  a  term, semester or trimester basis, shall be exempt
12        from the 120 day completion time limit.   The  Department
13        shall  adopt  rules  for such courses of training.  These
14        rules shall include procedures for facilities to carry on
15        an approved course of training within the facility.
16             The Department may  accept  comparable  training  in
17        lieu  of  the 120 hour course for student nurses, foreign
18        nurses, military personnel, or employes of the Department
19        of Human Services.
20             The facility shall develop and implement procedures,
21        which shall be approved by the Department, for an ongoing
22        review  process,  which  shall  take  place  within   the
23        facility, for nursing assistants, habilitation aides, and
24        child care aides.
25             At  the  time  of each regularly scheduled licensure
26        survey, or at the time of a complaint investigation,  the
27        Department    may    require   any   nursing   assistant,
28        habilitation aide, or child  care  aide  to  demonstrate,
29        either  through  written  examination or action, or both,
30        sufficient knowledge in all areas of  required  training.
31        If  such  knowledge  is  inadequate  the Department shall
32        require the  nursing  assistant,  habilitation  aide,  or
33        child care aide to complete inservice training and review
34        in the facility until the nursing assistant, habilitation
 
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 1        aide,  or child care aide demonstrates to the Department,
 2        either through written examination or  action,  or  both,
 3        sufficient  knowledge  in all areas of required training;
 4        and
 5             (6)  Be  familiar  with  and  have  general   skills
 6        related to resident care.
 7        (a-0.5)  An  educational  entity,  other than a secondary
 8    school, conducting a nursing assistant, habilitation aide, or
 9    child care  aide  training  program  shall  initiate  a  UCIA
10    criminal history record check prior to entry of an individual
11    into  the training program. A secondary school may initiate a
12    UCIA criminal history record check prior to the entry  of  an
13    individual into a training program.
14        (a-1)  Nursing  assistants,  habilitation aides, or child
15    care aides seeking to be included on the registry on or after
16    January 1, 1996  must  authorize  the  Department  of  Public
17    Health  or  its  designee  that  tests  nursing assistants to
18    request  a  UCIA  criminal  history  check  and  submit   all
19    necessary information.
20        (b)  Persons  subject to this Section shall perform their
21    duties under the supervision of a nurse.
22        (c)  It is unlawful for any facility to employ any person
23    in the capacity of nursing assistant, habilitation  aide,  or
24    child  care  aide,  or under any other title, not licensed by
25    the State of Illinois to assist in the personal, medical,  or
26    nursing care of residents in such facility unless such person
27    has complied 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
 
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 1    this Section meets all the requirements of this Section.
 2        (f)  Any  facility  that  is operated under Section 3-803
 3    shall be exempt from the requirements of this Section.
 4        (g)  Each skilled nursing and intermediate care  facility
 5    that  admits  persons who are diagnosed as having Alzheimer's
 6    disease  or  related  dementias  shall  require  all  nursing
 7    assistants, habilitation aides, or child care aides, who  did
 8    not receive 12 hours of training in the care and treatment of
 9    such  residents  during the training required under paragraph
10    (5) of  subsection  (a),  to  obtain  12  hours  of  in-house
11    training in the care and treatment of such residents.  If the
12    facility does not provide the training in-house, the training
13    shall  be  obtained from other facilities, community colleges
14    or other educational  institutions  that  have  a  recognized
15    course  for  such  training.   The Department shall, by rule,
16    establish  a  recognized  course  for  such  training.    The
17    Department's  rules  shall  provide that such training may be
18    conducted  in-house  at  each   facility   subject   to   the
19    requirements  of this subsection, in which case such training
20    shall be monitored by the Department.
21        The   Department's   rules   shall   also   provide   for
22    circumstances and  procedures  whereby  any  person  who  has
23    received   training  that  meets  the  requirements  of  this
24    subsection  shall  not  be  required  to  undergo  additional
25    training if he or she is transferred to or obtains employment
26    at a different facility but remains continuously employed  as
27    a  nursing  assistant, habilitation aide, or child care aide.
28    Licensed sheltered care facilities shall be exempt  from  the
29    requirements of this Section.
30    (Source: P.A. 91-598, eff. 1-1-00.)