State of Illinois
91st General Assembly
Legislation

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91_HB4396eng

 
HB4396 Engrossed                               LRB9110552ACmg

 1        AN ACT concerning the nurse aide registry.

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

 4        Section 5.  The Nursing  Home  Care  Act  is  amended  by
 5    changing Section 3-206.01 as follows:

 6        (210   ILCS   45/3-206.01)   (from   Ch.  111  1/2,  par.
 7    4153-206.01)
 8        Sec. 3-206.01.  Nurse aide  registry.     The  Department
 9    shall  establish  and  maintain a registry of all individuals
10    who have satisfactorily completed the  training  required  by
11    Section  3-206.  The  registry  shall include the name of the
12    nursing assistant, habilitation aide, or child care aide, his
13    or her current address, Social Security number, and the  date
14    and   location  of  the  training  course  completed  by  the
15    individual, and the date of the  individual's  last  criminal
16    records  check.  Any  individual  placed  on  the registry is
17    required to inform the Department of any  change  of  address
18    within  30 days. A facility shall not employ an individual as
19    a nursing assistant, habilitation aide, or  child  care  aide
20    unless  the  facility  has  inquired  of the Department as to
21    information in the registry  concerning  the  individual  and
22    shall  not  employ  anyone  not  on  the  registry unless the
23    individual is enrolled in a training program under  paragraph
24    (5) of subsection (a) of Section 3-206 of this Act.
25        If   the  Department  finds  that  a  nursing  assistant,
26    habilitation aide, or child care aide has abused a  resident,
27    neglected a resident, or misappropriated resident property in
28    a  facility,  the  Department  shall notify the individual of
29    this finding by certified mail sent to the address  contained
30    in  the  registry.  The  notice  shall give the individual an
31    opportunity to contest the finding in a  hearing  before  the
 
HB4396 Engrossed            -2-                LRB9110552ACmg
 1    Department or to submit a written response to the findings in
 2    lieu  of  requesting a hearing. If, after a hearing or if the
 3    individual does not request a hearing, the  Department  finds
 4    that  the individual abused a resident, neglected a resident,
 5    or misappropriated  resident  property  in  a  facility,  the
 6    finding  shall be included as part of the registry as well as
 7    a brief statement from the individual, if he or  she  chooses
 8    to   make   such  a  statement.  The  Department  shall  make
 9    information in the registry available to the public.  In  the
10    case  of  inquiries  to the registry concerning an individual
11    listed in the registry, any information disclosed  concerning
12    such a finding shall also include disclosure of any statement
13    in  the  registry  relating  to  the  finding  or a clear and
14    accurate summary of the statement.
15    (Source: P.A. 91-598, eff. 1-1-00.)

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