Illinois General Assembly - Full Text of HB1534
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Full Text of HB1534  97th General Assembly

HB1534ham001 97TH GENERAL ASSEMBLY

Rep. Keith Farnham

Filed: 4/5/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1534

2    AMENDMENT NO. ______. Amend House Bill 1534 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Nursing Home Care Act is amended by
5changing Section 3-206 and by adding Section 2-207.1 as
6follows:
 
7    (210 ILCS 45/2-207.1 new)
8    Sec. 2-207.1. Employee information. Upon the request of a
9resident representative, a facility shall provide the names and
10job titles of all employees that had access to a resident, the
11resident's room, and the resident's financial records in the 30
12days preceding an alleged incident that resulted in the filing
13of a complaint with the Department of Public Health. The
14facility shall prepare the list and provide it electronically
15to the requesting resident representative within 30 days after
16the filing of the complaint.
 

 

 

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1    (210 ILCS 45/3-206)  (from Ch. 111 1/2, par. 4153-206)
2    Sec. 3-206. The Department shall prescribe a curriculum for
3training nursing assistants, habilitation aides, and child
4care aides.
5    (a) No person, except a volunteer who receives no
6compensation from a facility and is not included for the
7purpose of meeting any staffing requirements set forth by the
8Department, shall act as a nursing assistant, habilitation
9aide, or child care aide in a facility, nor shall any person,
10under any other title, not licensed, certified, or registered
11to render medical care by the Department of Professional
12Regulation, assist with the personal, medical, or nursing care
13of residents in a facility, unless such person meets the
14following requirements:
15        (1) Be at least 16 years of age, of temperate habits
16    and good moral character, honest, reliable and
17    trustworthy.
18        (2) Be able to speak and understand the English
19    language or a language understood by a substantial
20    percentage of the facility's residents.
21        (3) Provide evidence of employment or occupation, if
22    any, and residence for 2 years prior to his present
23    employment.
24        (4) Have completed at least 8 years of grade school or
25    provide proof of equivalent knowledge.

 

 

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1        (5) Begin a current course of training for nursing
2    assistants, habilitation aides, or child care aides,
3    approved by the Department, within 45 days of initial
4    employment in the capacity of a nursing assistant,
5    habilitation aide, or child care aide at any facility. Such
6    courses of training shall be successfully completed within
7    120 days of initial employment in the capacity of nursing
8    assistant, habilitation aide, or child care aide at a
9    facility. Nursing assistants, habilitation aides, and
10    child care aides who are enrolled in approved courses in
11    community colleges or other educational institutions on a
12    term, semester or trimester basis, shall be exempt from the
13    120 day completion time limit. The Department shall adopt
14    rules for such courses of training. These rules shall
15    include procedures for facilities to carry on an approved
16    course of training within the facility.
17        The Department may accept comparable training in lieu
18    of the 120 hour course for student nurses, foreign nurses,
19    military personnel, or employees employes of the
20    Department of Human Services.
21        The facility shall develop and implement procedures,
22    which shall be approved by the Department, for an ongoing
23    review process, which shall take place within the facility,
24    for nursing assistants, habilitation aides, and child care
25    aides.
26        At the time of each regularly scheduled licensure

 

 

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1    survey, or at the time of a complaint investigation, the
2    Department may require any nursing assistant, habilitation
3    aide, or child care aide to demonstrate, either through
4    written examination or action, or both, sufficient
5    knowledge in all areas of required training. If such
6    knowledge is inadequate the Department shall require the
7    nursing assistant, habilitation aide, or child care aide to
8    complete inservice training and review in the facility
9    until the nursing assistant, habilitation aide, or child
10    care aide demonstrates to the Department, either through
11    written examination or action, or both, sufficient
12    knowledge in all areas of required training.
13        (6) Be familiar with and have general skills related to
14    resident care.
15        (7) Participate in training each year that assists
16    nursing assistants and habilitation aides in coping with
17    individuals of advanced years who have hearing, memory,
18    physical, and cognitive impairments. Training shall use a
19    curriculum approved by the Department.
20    (a-0.5) An educational entity, other than a secondary
21school, conducting a nursing assistant, habilitation aide, or
22child care aide training program shall initiate a criminal
23history record check in accordance with the Health Care Worker
24Background Check Act prior to entry of an individual into the
25training program. A secondary school may initiate a criminal
26history record check in accordance with the Health Care Worker

 

 

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1Background Check Act at any time during or after a training
2program.
3    (a-1) Nursing assistants, habilitation aides, or child
4care aides seeking to be included on the registry maintained
5under Section 3-206.01 on or after January 1, 1996 must
6authorize the Department of Public Health or its designee to
7request a criminal history record check in accordance with the
8Health Care Worker Background Check Act and submit all
9necessary information. An individual may not newly be included
10on the registry unless a criminal history record check has been
11conducted with respect to the individual.
12    (b) Persons subject to this Section shall perform their
13duties under the supervision of a licensed nurse.
14    (c) It is unlawful for any facility to employ any person in
15the capacity of nursing assistant, habilitation aide, or child
16care aide, or under any other title, not licensed by the State
17of Illinois to assist in the personal, medical, or nursing care
18of residents in such facility unless such person has complied
19with this Section.
20    (d) Proof of compliance by each employee with the
21requirements set out in this Section shall be maintained for
22each such employee by each facility in the individual personnel
23folder of the employee. Proof of training shall be obtained
24only from the health care worker registry.
25    (e) Each facility shall obtain access to the health care
26worker registry's web application, maintain the employment and

 

 

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1demographic information relating to each employee, and verify
2by the category and type of employment that each employee
3subject to this Section meets all the requirements of this
4Section.
5    (f) Any facility that is operated under Section 3-803 shall
6be exempt from the requirements of this Section.
7    (g) Each skilled nursing and intermediate care facility
8that admits persons who are diagnosed as having Alzheimer's
9disease or related dementias shall require all nursing
10assistants, habilitation aides, or child care aides, who did
11not receive 12 hours of training in the care and treatment of
12such residents during the training required under paragraph (5)
13of subsection (a), to obtain 12 hours of in-house training in
14the care and treatment of such residents. If the facility does
15not provide the training in-house, the training shall be
16obtained from other facilities, community colleges or other
17educational institutions that have a recognized course for such
18training. The Department shall, by rule, establish a recognized
19course for such training. The Department's rules shall provide
20that such training may be conducted in-house at each facility
21subject to the requirements of this subsection, in which case
22such training shall be monitored by the Department.
23    The Department's rules shall also provide for
24circumstances and procedures whereby any person who has
25received training that meets the requirements of this
26subsection shall not be required to undergo additional training

 

 

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1if he or she is transferred to or obtains employment at a
2different facility or a facility other than a long-term care
3facility but remains continuously employed for pay as a nursing
4assistant, habilitation aide, or child care aide. Individuals
5who have performed no nursing or nursing-related services for a
6period of 24 consecutive months shall be listed as "inactive"
7and as such do not meet the requirements of this Section.
8Licensed sheltered care facilities shall be exempt from the
9requirements of this Section.
10(Source: P.A. 96-1372, eff. 7-29-10.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".