Full Text of HB0762 96th General Assembly
HB0762 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0762
Introduced 2/6/2009, by Rep. Constance A. Howard SYNOPSIS AS INTRODUCED: |
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Amends the Health Care Worker Background Check Act. Removes the requirement that a person listed on the Health Care Worker Registry who requests a waiver of the prohibition against employment must show that he or she has paid all outstanding fines. Effective immediately.
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A BILL FOR
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HB0762 |
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LRB096 08663 ASK 18787 b |
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| AN ACT concerning professional regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Health Care Worker Background Check Act is | 5 |
| amended by changing Section 40 as follows:
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| (225 ILCS 46/40)
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| Sec. 40. Waiver.
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| (a) Any student, applicant, or employee listed on the | 9 |
| Health Care Worker Registry may request a waiver of the
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| prohibition against
employment by:
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| (1) completing a waiver application on a form | 12 |
| prescribed by the Department of Public Health;
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| (2) providing a written explanation of each conviction | 14 |
| to include (i) what happened, (ii) how many years have | 15 |
| passed since the offense, (iii) the individuals involved, | 16 |
| (iv) the age of the applicant at the time of the offense, | 17 |
| and (v) any other circumstances surrounding the offense; | 18 |
| and | 19 |
| (3) providing official documentation showing that all | 20 |
| fines have been paid, if applicable, and the date probation | 21 |
| or parole was satisfactorily completed, if applicable.
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| (b) The applicant may, but is not required to, submit | 23 |
| employment and character references and any other evidence |
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HB0762 |
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LRB096 08663 ASK 18787 b |
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| demonstrating the ability of the applicant or employee
to | 2 |
| perform the employment responsibilities competently and | 3 |
| evidence that the
applicant or employee does not pose a threat | 4 |
| to the health or safety of
residents, patients, or clients.
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| (c) The Department of Public Health
must inform health care | 6 |
| employers if a waiver is being sought by entering a record on | 7 |
| the Health Care Worker Registry that a waiver is pending and | 8 |
| must act upon the waiver request within 30 days
of
receipt of | 9 |
| all necessary information, as defined by rule. Except in cases | 10 |
| where a rehabilitation waiver is granted, a letter shall be | 11 |
| sent to the applicant notifying the applicant that he or she | 12 |
| has received an automatic waiver.
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| (d) An individual shall not be employed from the
time that | 14 |
| the employer receives a notification from the Department of | 15 |
| Public Health based upon the results of a fingerprint-based | 16 |
| criminal history records check
containing disqualifying | 17 |
| conditions until the time that the individual receives
a | 18 |
| waiver.
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| (e) The entity responsible for inspecting, licensing,
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| certifying, or
registering the health care employer and the | 21 |
| Department of Public Health shall be immune from liability for | 22 |
| any
waivers granted under this Section.
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| (f) A health care employer is not obligated to employ or | 24 |
| offer
permanent
employment to an applicant, or to retain an | 25 |
| employee who is granted a waiver
under this Section.
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| (Source: P.A. 94-665, eff. 1-1-06; 95-120, eff. 8-13-07; |
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HB0762 |
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LRB096 08663 ASK 18787 b |
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| 95-545, eff. 8-28-07; 95-876, eff. 8-21-08.)
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| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.
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