093_HB3675eng

 
HB3675 Engrossed                     LRB093 09228 AMC 09461 b

 1        AN ACT concerning health care workers.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Health Care Worker Background Check  Act
 5    is amended by changing Sections 25 and 65 as follows:

 6        (225 ILCS 46/25)
 7        Sec.  25.   Persons ineligible to be hired by health care
 8    employers.
 9        (a) After  January  1,  1996,  or  January  1,  1997,  as
10    applicable,  no  health  care  employer shall knowingly hire,
11    employ, or retain any individual in a  position  with  duties
12    involving  direct  care  for clients, patients, or residents,
13    who has been convicted of committing or attempting to  commit
14    one or more of the offenses defined in Sections 8-1.1, 8-1.2,
15    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,
16    10-3,  10-3.1,  10-4,  10-5,  10-7,  11-6,  11-9.1,  11-19.2,
17    11-20.1,  12-1,  12-2,  12-3,  12-3.1,  12-3.2, 12-4, 12-4.1,
18    12-4.2,  12-4.3,  12-4.4,  12-4.5,  12-4.6,  12-4.7,  12-7.4,
19    12-11, 12-13, 12-14, 12-14.1,  12-15,  12-16,  12-19,  12-21,
20    12-21.6, 12-32, 12-33, 16-1, 16-1.3, 16A-3, 17-3, 18-1, 18-2,
21    18-3,  18-4,  18-5,  19-1,  19-3,  19-4,  20-1, 20-1.1, 24-1,
22    24-1.2, 24-1.5, or 33A-2 of the Criminal Code of 1961;  those
23    provided in Section 4 of the Wrongs to  Children  Act;  those
24    provided  in  Section  53  of the Criminal Jurisprudence Act;
25    those defined in Section 5, 5.1, 5.2, 7, or 9 of the Cannabis
26    Control Act; or those defined in Sections  401,  401.1,  404,
27    405,   405.1,  407,  or  407.1  of  the  Illinois  Controlled
28    Substances Act, unless the applicant or  employee  obtains  a
29    waiver pursuant to Section 40.
30        (a-1)  After  January  1,  2004,  no health care employer
31    shall knowingly hire any individual in a position with duties
 
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 1    involving direct care for clients, patients, or residents who
 2    has (i) been convicted of committing or attempting to  commit
 3    one  or  more  of  the  offenses  defined  in Section 12-3.3,
 4    12-4.2-5,  16-2,  16G-15,  16G-20,  18-5,   20-1.2,   24-1.1,
 5    24-1.2-5,  24-1.6,  24-3.2, or 24-3.3 of the Criminal Code of
 6    1961; Section 4, 5, 6, 8, or 17.02  of  the  Illinois  Credit
 7    Card  and  Debit  Card  Act;  or Section 5.1 of the Wrongs to
 8    Children Act; or (ii) violated Section 10-5  of  the  Nursing
 9    and Advanced Practice Nursing Act.
10        A  UCIA  criminal history record check need not be redone
11    for health care employees who have been continuously employed
12    by a health care employer since January 1, 2004, but  nothing
13    in  this  Section  prohibits  a  health  care  employer  from
14    initiating a criminal history check for these employees.
15        A  health  care  employer  is  not  required to retain an
16    individual in a position with duties  involving  direct  care
17    for clients, patients, or residents who has been convicted of
18    committing  or  attempting  to  commit  one  or  more  of the
19    offenses enumerated in this subsection.
20        (b)  A health care employer shall not  hire,  employ,  or
21    retain  any  individual  in  a position with duties involving
22    direct care of clients, patients, or residents if the  health
23    care  employer  becomes  aware  that  the individual has been
24    convicted in another state of  committing  or  attempting  to
25    commit an offense that has the same or similar elements as an
26    offense  listed  in  subsection  (a) or (a-1), as verified by
27    court records,  records  from  a  state  agency,  or  an  FBI
28    criminal history record check. This shall not be construed to
29    mean that a health care employer has an obligation to conduct
30    a  criminal history records check in other states in which an
31    employee has resided.
32    (Source: P.A. 90-441, eff. 1-1-98; 91-598, eff. 1-1-00.)

33        (225 ILCS 46/65)
 
HB3675 Engrossed            -3-      LRB093 09228 AMC 09461 b
 1        Sec. 65.  Health Care Worker Task Force.  A  Health  Care
 2    Worker  Task  Force  shall be appointed no later than July 1,
 3    1996, to study and make recommendations on statutory  changes
 4    to this Act.
 5        (a)  The  Task  Force  shall  monitor  the  status of the
 6    implementation   of   this   Act   and   monitor    complaint
 7    investigations  relating  to  this  Act  by the Department on
 8    Aging,   Department   of   Public   Health,   Department   of
 9    Professional Regulation, and the Department of Human Services
10    to determine the criminal background, if any, of health  care
11    workers   who   have   had   findings  of  abuse,  theft,  or
12    exploitation.
13        (b)  The   Task   Force   shall   make    recommendations
14    concerning:  (1)  additional health care positions, including
15    licensed individuals and volunteers, that should be  included
16    in   the   Act;   (2)   development   of   a   transition  to
17    fingerprint-based State and federal criminal  records  checks
18    for  all direct care applicants or employees; (3) development
19    of  a  system  that  is   affordable   to   applicants;   (4)
20    modifications  to  the list of offenses enumerated in Section
21    25, including time limits on all or some of the disqualifying
22    offenses,; and (5) any other necessary or  desirable  changes
23    to the Act.
24        (c)  The  Task Force shall issue an interim report to the
25    Governor and General Assembly no later than January  1,  2004
26    December 31, 1996.  The final report shall be issued no later
27    than  September  30,  2005  1997,  and shall include specific
28    statutory changes recommended, if any.
29        (d)  The Task Force shall be composed  comprised  of  the
30    following members, who shall serve without pay:
31             (1)  a  chairman  knowledgeable  about  health  care
32        issues, who shall be appointed by the Governor;
33             (2)  the Director of the Department of Public Health
34        or his or her designee;
 
HB3675 Engrossed            -4-      LRB093 09228 AMC 09461 b
 1             (3)  the  Director of the Department of State Police
 2        or his or her designee;
 3             (3.5)  the Director of the Department of Public  Aid
 4        or his or her designee;
 5             (3.6)  the Secretary of Human Services or his or her
 6        designee;
 7             (3.7)  the Director of Aging or his or her designee;
 8             (4)  2 representatives of health care providers, who
 9        shall be appointed by the Governor;
10             (5)  2 representatives of health care employees, who
11        shall be appointed by the Governor;
12             (5.5)  a   representative   of   a   Community  Care
13        homemaker  program,  who  shall  be  appointed   by   the
14        Governor;
15             (6)  a  representative of the general public who has
16        an interest in health care, who shall be appointed by the
17        Governor; and
18             (7)  4  members  of  the   General   Assembly,   one
19        appointed  by  the Speaker of the House, one appointed by
20        the House Minority Leader, one appointed by the President
21        of the Senate, and one appointed by the  Senate  Minority
22        Leader.
23    (Source:  P.A.  89-197,  eff.  7-21-95;  89-507, eff. 7-1-97;
24    89-674, eff. 8-14-96; 90-14, eff. 7-1-97.)

25        Section 99.  Effective date.  This Act takes effect  upon
26    becoming law.