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90_SB0316enr
225 ILCS 46/25
Amends the Health Care Worker Background Check Act.
Makes a technical change in the Section concerning persons
ineligible to be hired by health care employers.
LRB9002416LDdv
SB316 Enrolled LRB9002416LDdv
1 AN ACT to amend the Health Care Worker Background Check
2 Act by changing Sections 25 and 55 and adding Section 25.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Health Care Worker Background Check Act
6 is amended by changing Sections 25 and 55 and adding Section
7 25.1 as follows:
8 (225 ILCS 46/25)
9 Sec. 25. Persons ineligible to be hired by health care
10 employers. After January 1, 1996, or January 1, 1997, as
11 applicable, no health care employer shall knowingly hire,
12 employ, or retain any individual in a position with duties
13 involving direct care for clients, patients, or residents,
14 who has been convicted of committing or attempting to commit
15 one or more of the offenses defined in Sections 8-1.1, 8-1.2,
16 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,
17 10-3, 10-3.1, 10-4, 10-5, 10-7, 11-6, 11-9.1, 11-19.2,
18 11-20.1, 12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-4, 12-4.1,
19 12-4.2, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4,
20 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-19, 12-21,
21 12-21.6, 12-32, 12-33, 16-1, 16-1.3, 16A-3, 17-3, 18-1, 18-2,
22 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 20-1, 20-1.1, 24-1, or
23 24-1.2, 24-1.5, or 33A-2 of the Criminal Code of 1961; those
24 provided in Section 4 of the Wrongs to Children Act; those
25 provided in Section 53 of the Criminal Jurisprudence Act;
26 those defined in Section 5, 5.1, 5.2, 7, or 9 of the Cannabis
27 Control Act; or those defined in Sections 401, 401.1, 404,
28 405, 405.1, 407, or 407.1 of the Illinois Controlled
29 Substances Act, unless the applicant or employee obtains a
30 waiver pursuant to Section 40.
31 (Source: P.A. 89-197, eff. 7-21-95; 89-428, eff. 12-13-95;
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1 89-462, eff. 5-29-96.)
2 (225 ILCS 46/25.1 new)
3 Sec. 25.1. Duplicate background check not required.
4 (a) An employer need not initiate an additional criminal
5 background check for an employee if the employer initiated a
6 criminal background check for the employee after January 1,
7 1996 and prior to the effective date of this amendatory Act
8 of 1997. This subsection (a) applies only to persons
9 employed prior to the effective date of this amendatory Act
10 of 1997.
11 (b) Any person newly employed on or after the effective
12 date of this amendatory Act of 1997 must receive a background
13 check as required by Section 30.
14 (225 ILCS 46/55)
15 Sec. 55. Immunity from liability. A health care
16 employer shall not be liable for the failure to hire or to
17 retain an applicant or employee who has been convicted of
18 committing or attempting to commit one or more of the
19 offenses enumerated in Section 25 of the Act. However, if a
20 health care worker is suspended from employment based on the
21 results of a criminal background check conducted under this
22 Act and the results prompting the suspension are subsequently
23 found to be inaccurate, the health care worker is entitled to
24 recover backpay from his or her health care employer for the
25 suspension period provided that the employer is the cause of
26 the inaccuracy.
27 No health care employer shall be chargeable for any
28 benefit charges that result from the payment of unemployment
29 benefits to any claimant when the claimant's separation from
30 that employer occurred because the claimant's criminal
31 background included an offense enumerated in Section 25, or
32 the claimant's separation from that health care employer
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1 occurred as a result of the claimant violating a policy that
2 the employer was required to maintain pursuant to the Drug
3 Free Workplace Act.
4 (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)