HB3212 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3212

 

Introduced , by Rep. Camille Y. Lilly

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Health Care Worker Background Check Act. Replaces language prohibiting a health care employer to hire, employ, or retain any individual in a position with duties involving direct care for clients if the individual is convicted of committing specified offenses with language that allows health care employers to hire, employ, or retain any individual in a position involving direct care for clients, patients, or residents, or access to the living quarters or the financial, medical, or personal records of residents, who has been convicted of committing or attempting to commit specified offenses after specified time periods or within the time periods with a waiver under the Act. Adds 5 members to the Health Care Worker Task Force. Requires the Task Force to issue recommendations to the Department of Public Health, including (i) examining whether the relevant rules must be amended to reflect changes in Illinois law, (ii) determining whether the waiver procedures are effective, and (iii) connecting people with criminal records to employment with work in the health care industry. Requires the Department of Public Health to issue a report regarding waivers. Makes other changes. Amends the Code of Civil Procedure. Provides that evidence that an employee (1) has been granted a waiver or similar relief pursuant to the Health Care Worker Background Check Act or (2) has been convicted of a disqualifying offense is not admissible for the purpose of proving that an employer was negligent or otherwise liable for hiring the employee if the employee has received a waiver or has otherwise been determined eligible for hire pursuant to the Health Care Worker Background Check Act. Effective immediately.


LRB099 09433 AMC 29640 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Health Care Worker Background Check Act is
5amended by changing Sections 25 and 65 as follows:
 
6    (225 ILCS 46/25)
7    Sec. 25. Hiring of people with criminal records Persons
8ineligible to be hired by health care employers and long-term
9care facilities.
10    (a) A health care employer or long-term care facility may
11hire, employ, or retain any individual in a position involving
12direct care for clients, patients, or residents, or access to
13the living quarters or the financial, medical, or personal
14records of residents, who has been convicted of committing or
15attempting to commit one or more of the offenses described in
16this subsection (a), within 5 years after the date of
17conviction, only with a waiver described in Section 40; if more
18than 5 years have passed since the date of the last conviction
19for the disqualifying offense, the applicant shall be deemed
20eligible for hire without a waiver for that offense:
21        (1) a misdemeanor offense defined in Section 12-2,
22    12-3.1, 12-3.2, 12-21.6, 12C-5, 16-1, 16-25, 16A-3, or 24-1
23    of the Criminal Code of 1961 or the Criminal Code of 2012;

 

 

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1        (2) an offense defined in Section 12-1, 19-4, 24-1.5,
2    16-2, 17-33, 17-34, 17-36, or 17-44 or in subsection (a) of
3    Section 12-3 or subsection (b) of Section 17-32 of the
4    Criminal Code of 1961 or the Criminal Code of 2012;
5        (3) an offense defined in the Methamphetamine Control
6    and Community Protection Act or an offense defined in
7    Section 401, 401.1, 404, 405, 405.1, 407, or 407.1 of the
8    Illinois Controlled Substances Act;
9        (4) an offense defined in Section 4, 5, 6, 8, or 17.02
10    of the Illinois Credit Card and Debit Card Act;
11        (5) an offense defined in Section 5.1 of the Wrongs to
12    Children Act; or
13        (6) a violation or violations of Section 50-50 of the
14    Nurse Practice Act.
15    (a-1) A health care employer or long-term care facility may
16hire, employ, or retain any individual in a position involving
17direct care for clients, patients, or residents, or access to
18the living quarters or the financial, medical, or personal
19records of residents, who has been convicted of committing or
20attempting to commit on or more of the offenses described in
21this subsection (a-1), within 10 years after the date of
22conviction, only with a waiver described in Section 40; if more
23than 10 years have passed since the date of the last conviction
24for the disqualifying offense, the applicant shall be deemed
25eligible for hire without a waiver for that offense:
26        (1) a felony offense described in Section 12-2, 12-3.1,

 

 

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1    12-3.2, 12-21.6, 12C-5, 16-1, 16-25, 16A-3, or 24-1 of the
2    Criminal Code of 1961 or the Criminal Code of 2012;
3        (2) an offense described in Section 10-3, 10-3.1, 10-4,
4    10-5, 10-7, 11-9.1A, 12-3.3, 12-4.5, 12-7.4, 12-11, 12-32,
5    12-33, 16-30, 16G-15, 16G-20, 17-3, 18-1, 18-3, 19-1, 19-3,
6    19-6, 20-1, 20-1.1, 20-1.2, 24-1.1, 24-1.2, 24-1.2-5,
7    24-1.6, 24-3.2, 24-3.3, or 33A-2 or subdivision (a)(4) of
8    Section 11-14.4 or subsection (b) of Section 20-1 of the
9    Criminal Code of 1961 or the Criminal Code of 2012; or
10        (3) an offense described in Section 4 of the Wrongs to
11    Children Act.
12    (a-2) A health care employer or long-term care facility may
13hire, employ, or retain any individual in a position involving
14direct care for clients, patients, or residents, or access to
15the living quarters or the financial, medical, or personal
16records of residents, who has been convicted of committing or
17attempting to commit on or more of the offenses described in
18this subsection (a-2), within 25 years of the date of
19conviction, only with a waiver described in Section 40; if more
20than 25 years have passed since the date of the last conviction
21for the disqualifying offense, the applicant shall be deemed
22eligible for hire without a waiver for that offense: Section
238-1.1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 9-3.3,
249-3.4, 10-1, 10-2, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
2511-1.60, 11-6, 11-9.1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B,
2611-20.3, 12-3.05, 12-3.3 12-4, 12-4.1, 12-4.2, 12-4.2-5,

 

 

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112-4.3, 12-4.4, 12-4.6, 12-4.7, 12-13, 12-14, 12-14.1, 12-15,
212-16, 12-19, 12-21, 16-1.3, 17-56, 18-2, 18-4, or 18-5 or
3subsection (b) of Section 8-1, subsection (a) or (b) of Section
412-4.4a, or subsection (b) of Section 18-1 of the Criminal Code
5of 1961 or the Criminal Code of 2012.
6    (a) In the discretion of the Director of Public Health, as
7soon after January 1, 1996, January 1, 1997, January 1, 2006,
8or October 1, 2007, as applicable, and as is reasonably
9practical, no health care employer shall knowingly hire,
10employ, or retain any individual in a position with duties
11involving direct care for clients, patients, or residents, and
12no long-term care facility shall knowingly hire, employ, or
13retain any individual in a position with duties that involve or
14may involve contact with residents or access to the living
15quarters or the financial, medical, or personal records of
16residents, who has been convicted of committing or attempting
17to commit one or more of the following offenses: those defined
18in Sections 8-1(b), 8-1.1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3,
199-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4,
2010-5, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
2111-9.1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,
2212-2, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2,
2312-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13,
2412-14, 12-14.1, 12-15, 12-16, 12-19, 12-21, 12-21.6, 12-32,
2512-33, 12C-5, 16-1, 16-1.3, 16-25, 16A-3, 17-3, 17-56, 18-1,
2618-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 19-6, 20-1, 20-1.1,

 

 

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124-1, 24-1.2, 24-1.5, or 33A-2, or subdivision (a)(4) of
2Section 11-14.4, or in subsection (a) of Section 12-3 or
3subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
4of 1961 or the Criminal Code of 2012; those provided in Section
54 of the Wrongs to Children Act; those provided in Section 53
6of the Criminal Jurisprudence Act; those defined in Section 5,
75.1, 5.2, 7, or 9 of the Cannabis Control Act; those defined in
8the Methamphetamine Control and Community Protection Act; or
9those defined in Sections 401, 401.1, 404, 405, 405.1, 407, or
10407.1 of the Illinois Controlled Substances Act, unless the
11applicant or employee obtains a waiver pursuant to Section 40.
12    (a-1) In the discretion of the Director of Public Health,
13as soon after January 1, 2004 or October 1, 2007, as
14applicable, and as is reasonably practical, no health care
15employer shall knowingly hire any individual in a position with
16duties involving direct care for clients, patients, or
17residents, and no long-term care facility shall knowingly hire
18any individual in a position with duties that involve or may
19involve contact with residents or access to the living quarters
20or the financial, medical, or personal records of residents,
21who has (i) been convicted of committing or attempting to
22commit one or more of the offenses defined in Section 12-3.3,
2312-4.2-5, 16-2, 16-30, 16G-15, 16G-20, 17-33, 17-34, 17-36,
2417-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 24-3.2, or
2524-3.3, or subsection (b) of Section 17-32, subsection (b) of
26Section 18-1, or subsection (b) of Section 20-1, of the

 

 

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1Criminal Code of 1961 or the Criminal Code of 2012; Section 4,
25, 6, 8, or 17.02 of the Illinois Credit Card and Debit Card
3Act; or Section 11-9.1A of the Criminal Code of 1961 or the
4Criminal Code of 2012 or Section 5.1 of the Wrongs to Children
5Act; or (ii) violated Section 50-50 of the Nurse Practice Act,
6unless the applicant or employee obtains a waiver pursuant to
7Section 40 of this Act.
8    A health care employer is not required to retain an
9individual in a position with duties involving direct care for
10clients, patients, or residents, and no long-term care facility
11is required to retain an individual in a position with duties
12that involve or may involve contact with residents or access to
13the living quarters or the financial, medical, or personal
14records of residents, who has been convicted of committing or
15attempting to commit one or more of the offenses enumerated in
16this subsection.
17    (b) A health care employer shall not hire, employ, or
18retain any individual in a position with duties involving
19direct care of clients, patients, or residents, and no
20long-term care facility shall knowingly hire, employ, or retain
21any individual in a position with duties that involve or may
22involve contact with residents or access to the living quarters
23or the financial, medical, or personal records of residents, if
24the health care employer becomes aware that the individual has
25been convicted in another state of committing or attempting to
26commit an offense that has the same or similar elements as an

 

 

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1offense listed in subsection (a) or (a-1), as verified by court
2records, records from a state agency, or an FBI criminal
3history record check, unless the applicant or employee obtains
4a waiver pursuant to Section 40 of this Act. This shall not be
5construed to mean that a health care employer has an obligation
6to conduct a criminal history records check in other states in
7which an employee has resided.
8(Source: P.A. 96-710, eff. 1-1-10; 96-1551, Article 1, Section
9930, eff. 7-1-11; 96-1551, Article 2, Section 995, eff. 7-1-11;
1096-1551, Article 10, Section 10-40, eff. 7-1-11; 97-597, eff.
111-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
12eff. 1-25-13.)
 
13    (225 ILCS 46/65)
14    Sec. 65. Health Care Worker Task Force. A Health Care
15Worker Task Force shall be appointed to study and make
16recommendations on statutory and regulatory changes to this Act
17and implementation of this Act.
18    (a) The Task Force shall monitor the status of the
19implementation of this Act and monitor complaint
20investigations relating to this Act by the Department on Aging,
21Department of Public Health, Department of Professional
22Regulation, and the Department of Human Services to determine
23the criminal background, if any, of health care workers who
24have had findings of abuse, theft, or exploitation.
25    (b) The Task Force shall make recommendations concerning

 

 

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1modifications to the list of offenses enumerated in Section 25,
2including time limits on all or some of the disqualifying
3offenses, and any other necessary or desirable changes to the
4Act.
5    (c) In the event that proposed rules or changes are
6properly submitted to the Task Force and the Task Force fails
7to advise the Department within 90 days after receipt of the
8proposed rules or changes, final action shall be deemed to have
9been taken by the Task Force concerning the proposed rules or
10changes.
11    (d) The Task Force shall be composed of the following
12members, who shall serve without pay:
13        (1) a chairman knowledgeable about health care issues,
14    who shall be appointed by the Governor;
15        (2) the Director of Public Health or his or her
16    designee;
17        (3) the Director of State Police or his or her
18    designee;
19        (3.5) the Director of Healthcare and Family Services or
20    his or her designee;
21        (3.6) the Secretary of Human Services or his or her
22    designee;
23        (3.7) the Director of Aging or his or her designee;
24        (4) 2 representatives of health care providers, who
25    shall be appointed by the Governor;
26        (5) 2 representatives of health care employees, who

 

 

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1    shall be appointed by the Governor;
2        (5.5) a representative of a Community Care homemaker
3    program, who shall be appointed by the Governor;
4        (5.6) 2 individuals with criminal records who work with
5    a community organization that works with people with
6    criminal records;
7        (5.7) an individual from a legal services agency that
8    represents people with criminal records;
9        (5.8) an individual from an organization that
10    advocates for improved opportunity for people with
11    criminal records;
12        (5.9) a representative from a provider that helps
13    connect people with criminal records with employment;
14        (6) a representative of the general public who has an
15    interest in health care, who shall be appointed by the
16    Governor; and
17        (7) 4 members of the General Assembly, one appointed by
18    the Speaker of the House, one appointed by the House
19    Minority Leader, one appointed by the President of the
20    Senate, and one appointed by the Senate Minority Leader.
21    (e) The Task Force shall meet at least quarterly, and more
22frequently at the discretion of the chairperson, or as provided
23in subsection (f). Task Force members shall serve until a
24replacement is sworn and qualified. Ten Nine members appointed
25to the Task Force constitutes a quorum.
26    (f) On or before January 1, 2017, the Task Force shall

 

 

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1issue recommendations to the Department of Public Health. In
2making its recommendations, the Task Force shall (i) examine
3whether the relevant rules must be amended to reflect changes
4in Illinois law and (ii) determine whether the waiver
5procedures are effective in providing opportunity for persons
6with criminal records to gain employment in health care and
7long-term care facilities while also meeting the needs of
8residents of those facilities. The procedures to be examined
9include the timeframes regarding when an applicant may seek a
10waiver, the information provided on the health care worker
11registry, the factors considered by the Department in
12determining whether to grant a waiver, and the waiver
13application procedures and materials themselves.
14    (g) Beginning January 1, 2016, the Task Force shall make
15recommendations to the Department of Public Health regarding
16connecting people with criminal records to employment with work
17in the health care industry.
18    (h) On or before January 1 of each year, the Department of
19Public Health shall report to the Task Force, the Governor, and
20both houses of the General Assembly the following information
21for the previous fiscal year:
22        (1) the number of waiver petitions filed;
23        (2) the number of waiver petitions granted;
24        (3) the number of waiver petitions denied; and
25        (4) the number of individuals with a waiver who are
26    employed by a health care employer or long term care

 

 

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1    facility.
2    The information reported under this Section shall be made
3available to the public at the time it is reported on the
4official website of the Department of Public Health.
5(Source: P.A. 95-331, eff. 8-21-07; 95-987, eff. 10-3-08.)
 
6    Section 10. The Code of Civil Procedure is amended by
7adding Part 29 to Article VIII as follows:
 
8    (735 ILCS 5/Art. VIII Pt. 29 heading new)
9
Part 29. Background Checks

 
10    (735 ILCS 5/8-2901 new)
11    Sec. 8-2901. Admissibility of evidence of a disqualifying
12defense under the Health Care Worker Background Check
13Act.Evidence that an employee (1) has been granted a waiver or
14similar relief pursuant to the Health Care Worker Background
15Check Act or (2) has been convicted of a disqualifying offense,
16as defined under the Health Care Worker Background Check Act,
17is not admissible for the purpose of proving that an employer
18subject to the Health Care Worker Background Check Act was
19negligent or otherwise liable for hiring the employee if the
20employee has received a waiver or has otherwise been determined
21eligible for hire pursuant to the Health Care Worker Background
22Check Act. This Section does not bar admission of such evidence
23for another lawful purpose, including, but not limited to,

 

 

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1impeachment.
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    225 ILCS 46/25
4    225 ILCS 46/65
5    735 ILCS 5/Art. VIII Pt.
6    29 heading new
7    735 ILCS 5/8-2901 new