Illinois 2023-2024 Regular Session

Illinois House Bill HB2102 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0428
2	1		HB2102 EnrolledLRB103 25089 AMQ 51424 b HB2102 Enrolled LRB103 25089 AMQ 51424 b
3	2		HB2102 Enrolled LRB103 25089 AMQ 51424 b
4		-	AN ACT concerning regulation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Health Care Worker Background Check Act is
8		-	amended by changing Sections 25 and 33 as follows:
9		-	(225 ILCS 46/25)
10		-	Sec. 25. Hiring of people with criminal records by health
11		-	care employers and long-term care facilities.
12		-	(a) A health care employer or long-term care facility may
13		-	hire, employ, or retain any individual in a position involving
14		-	direct care for clients, patients, or residents, or access to
15		-	the living quarters or the financial, medical, or personal
16		-	records of clients, patients, or residents who has been
17		-	convicted of committing or attempting to commit one or more of
18		-	the following offenses under the laws of this State, or of an
19		-	offense that is substantially equivalent to the following
20		-	offenses under the laws of any other state or of the laws of
21		-	the United States, as verified by court records, records from
22		-	a state agency, or a Federal Bureau of Investigation criminal
23		-	history records check, only with a waiver described in Section
24		-	40: those defined in Sections 8-1(b), 8-1.1, 8-1.2, 9-1,
25		-	9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1,
26		-	10-2, 10-3, 10-3.1, 10-4, 10-5, 10-7, 11-1.20, 11-1.30,
	3	+	1 AN ACT concerning regulation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Health Care Worker Background Check Act is
	7	+	5 amended by changing Sections 25 and 33 as follows:
	8	+	6 (225 ILCS 46/25)
	9	+	7 Sec. 25. Hiring of people with criminal records by health
	10	+	8 care employers and long-term care facilities.
	11	+	9 (a) A health care employer or long-term care facility may
	12	+	10 hire, employ, or retain any individual in a position involving
	13	+	11 direct care for clients, patients, or residents, or access to
	14	+	12 the living quarters or the financial, medical, or personal
	15	+	13 records of clients, patients, or residents who has been
	16	+	14 convicted of committing or attempting to commit one or more of
	17	+	15 the following offenses under the laws of this State, or of an
	18	+	16 offense that is substantially equivalent to the following
	19	+	17 offenses under the laws of any other state or of the laws of
	20	+	18 the United States, as verified by court records, records from
	21	+	19 a state agency, or a Federal Bureau of Investigation criminal
	22	+	20 history records check, only with a waiver described in Section
	23	+	21 40: those defined in Sections 8-1(b), 8-1.1, 8-1.2, 9-1,
	24	+	22 9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1,
	25	+	23 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-7, 11-1.20, 11-1.30,
27	26
28	27
29	28
30	29		HB2102 Enrolled LRB103 25089 AMQ 51424 b
31	30
32	31
33		-	11-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1, 11-9.2, 11-9.3,
34		-	11-9.4-1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,
35		-	12-2, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2,
36		-	12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13,
37		-	12-14, 12-14.1, 12-15, 12-16, 12-19, 12-20.5, 12-21, 12-21.5,
38		-	12-21.6, 12-32, 12-33, 12C-5, 12C-10, 16-1, 16-1.3, 16-25,
39		-	16A-3, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3,
40		-	19-4, 19-6, 20-1, 20-1.1, 24-1, 24-1.2, 24-1.5, 24-1.8,
41		-	24-3.8, or 33A-2, or subdivision (a)(4) of Section 11-14.4, or
42		-	in subsection (a) of Section 12-3 or subsection (a) or (b) of
43		-	Section 12-4.4a, of the Criminal Code of 1961 or the Criminal
44		-	Code of 2012; those provided in Section 4 of the Wrongs to
45		-	Children Act; those provided in Section 53 of the Criminal
46		-	Jurisprudence Act; those defined in subsection (c), (d), (e),
47		-	(f), or (g) of Section 5 or Section 5.1, 5.2, 7, or 9 of the
48		-	Cannabis Control Act; those defined in the Methamphetamine
49		-	Control and Community Protection Act; those defined in
50		-	Sections 401, 401.1, 404, 405, 405.1, 407, or 407.1 of the
51		-	Illinois Controlled Substances Act; or subsection (a) of
52		-	Section 3.01, Section 3.02, or Section 3.03 of the Humane Care
53		-	for Animals Act.
54		-	(a-1) A health care employer or long-term care facility
55		-	may hire, employ, or retain any individual in a position
56		-	involving direct care for clients, patients, or residents, or
57		-	access to the living quarters or the financial, medical, or
58		-	personal records of clients, patients, or residents who has
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	33	+	HB2102 Enrolled - 2 - LRB103 25089 AMQ 51424 b
	34	+	1 11-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1, 11-9.2, 11-9.3,
	35	+	2 11-9.4-1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,
	36	+	3 12-2, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2,
	37	+	4 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13,
	38	+	5 12-14, 12-14.1, 12-15, 12-16, 12-19, 12-20.5, 12-21, 12-21.5,
	39	+	6 12-21.6, 12-32, 12-33, 12C-5, 12C-10, 16-1, 16-1.3, 16-25,
	40	+	7 16A-3, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3,
	41	+	8 19-4, 19-6, 20-1, 20-1.1, 24-1, 24-1.2, 24-1.5, 24-1.8,
	42	+	9 24-3.8, or 33A-2, or subdivision (a)(4) of Section 11-14.4, or
	43	+	10 in subsection (a) of Section 12-3 or subsection (a) or (b) of
	44	+	11 Section 12-4.4a, of the Criminal Code of 1961 or the Criminal
	45	+	12 Code of 2012; those provided in Section 4 of the Wrongs to
	46	+	13 Children Act; those provided in Section 53 of the Criminal
	47	+	14 Jurisprudence Act; those defined in subsection (c), (d), (e),
	48	+	15 (f), or (g) of Section 5 or Section 5.1, 5.2, 7, or 9 of the
	49	+	16 Cannabis Control Act; those defined in the Methamphetamine
	50	+	17 Control and Community Protection Act; those defined in
	51	+	18 Sections 401, 401.1, 404, 405, 405.1, 407, or 407.1 of the
	52	+	19 Illinois Controlled Substances Act; or subsection (a) of
	53	+	20 Section 3.01, Section 3.02, or Section 3.03 of the Humane Care
	54	+	21 for Animals Act.
	55	+	22 (a-1) A health care employer or long-term care facility
	56	+	23 may hire, employ, or retain any individual in a position
	57	+	24 involving direct care for clients, patients, or residents, or
	58	+	25 access to the living quarters or the financial, medical, or
	59	+	26 personal records of clients, patients, or residents who has
59	60
60	61
61		-	been convicted of committing or attempting to commit one or
62		-	more of the following offenses under the laws of this State, or
63		-	of an offense that is substantially equivalent to the
64		-	following offenses under the laws of any other state or of the
65		-	laws of the United States, as verified by court records,
66		-	records from a state agency, or a Federal Bureau of
67		-	Investigation criminal history records check, only with a
68		-	waiver described in Section 40: those offenses defined in
69		-	Section 12-3.3, 12-4.2-5, 16-2, 16-30, 16G-15, 16G-20, 17-33,
70		-	17-34, 17-36, 17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6,
71		-	24-3.2, or 24-3.3, or subsection (b) of Section 17-32,
72		-	subsection (b) of Section 18-1, or subsection (b) of Section
73		-	20-1, of the Criminal Code of 1961 or the Criminal Code of
74		-	2012; Section 4, 5, 6, 8, or 17.02 of the Illinois Credit Card
75		-	and Debit Card Act; or Section 11-9.1A of the Criminal Code of
76		-	1961 or the Criminal Code of 2012 or Section 5.1 of the Wrongs
77		-	to Children Act; or (ii) violated Section 50-50 of the Nurse
78		-	Practice Act.
79		-	A health care employer is not required to retain an
80		-	individual in a position with duties involving direct care for
81		-	clients, patients, or residents, and no long-term care
82		-	facility is required to retain an individual in a position
83		-	with duties that involve or may involve contact with residents
84		-	or access to the living quarters or the financial, medical, or
85		-	personal records of residents, who has been convicted of
86		-	committing or attempting to commit one or more of the offenses
87	62
88	63
89		-	enumerated in this subsection.
90		-	(b) A health care employer shall not hire, employ, or
91		-	retain, whether paid or on a volunteer basis, any individual
92		-	in a position with duties involving direct care of clients,
93		-	patients, or residents, and no long-term care facility shall
94		-	knowingly hire, employ, or retain, whether paid or on a
95		-	volunteer basis, any individual in a position with duties that
96		-	involve or may involve contact with residents or access to the
97		-	living quarters or the financial, medical, or personal records
98		-	of residents, if the health care employer becomes aware that
99		-	the individual has been convicted in another state of
100		-	committing or attempting to commit an offense that has the
101		-	same or similar elements as an offense listed in subsection
102		-	(a) or (a-1), as verified by court records, records from a
103		-	state agency, or an FBI criminal history record check, unless
104		-	the applicant or employee obtains a waiver pursuant to Section
105		-	40 of this Act. This shall not be construed to mean that a
106		-	health care employer has an obligation to conduct a criminal
107		-	history records check in other states in which an employee has
108		-	resided.
109		-	(c) A health care employer shall not hire, employ, or
110		-	retain, whether paid or on a volunteer basis, any individual
111		-	in a position with duties involving direct care of clients,
112		-	patients, or residents, who has a finding by the Department of
113		-	abuse, neglect, misappropriation of property, or theft denoted
114		-	on the Health Care Worker Registry.
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116	67
117		-	(d) A health care employer shall not hire, employ, or
118		-	retain, whether paid or on a volunteer basis, any individual
119		-	in a position with duties involving direct care of clients,
120		-	patients, or residents if the individual has a verified and
121		-	substantiated finding of abuse, neglect, or financial
122		-	exploitation, as identified within the Adult Protective
123		-	Service Registry established under Section 7.5 of the Adult
124		-	Protective Services Act.
125		-	(e) A health care employer shall not hire, employ, or
126		-	retain, whether paid or on a volunteer basis, any individual
127		-	in a position with duties involving direct care of clients,
128		-	patients, or residents who has a finding by the Department of
129		-	Human Services of physical or sexual abuse, financial
130		-	exploitation, or egregious neglect of an individual denoted on
131		-	the Health Care Worker Registry.
132		-	(Source: P.A. 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.)
133		-	(225 ILCS 46/33)
134		-	Sec. 33. Fingerprint-based criminal history records check.
135		-	(a) A fingerprint-based criminal history records check is
136		-	not required for health care employees who have been
137		-	continuously employed by a health care employer since October
138		-	1, 2007, have met the requirements for criminal history
139		-	background checks prior to October 1, 2007, and have no
140		-	disqualifying convictions or requested and received a waiver
141		-	of those disqualifying convictions. These employees shall be
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	70	+	1 been convicted of committing or attempting to commit one or
	71	+	2 more of the following offenses under the laws of this State, or
	72	+	3 of an offense that is substantially equivalent to the
	73	+	4 following offenses under the laws of any other state or of the
	74	+	5 laws of the United States, as verified by court records,
	75	+	6 records from a state agency, or a Federal Bureau of
	76	+	7 Investigation criminal history records check, only with a
	77	+	8 waiver described in Section 40: those offenses defined in
	78	+	9 Section 12-3.3, 12-4.2-5, 16-2, 16-30, 16G-15, 16G-20, 17-33,
	79	+	10 17-34, 17-36, 17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6,
	80	+	11 24-3.2, or 24-3.3, or subsection (b) of Section 17-32,
	81	+	12 subsection (b) of Section 18-1, or subsection (b) of Section
	82	+	13 20-1, of the Criminal Code of 1961 or the Criminal Code of
	83	+	14 2012; Section 4, 5, 6, 8, or 17.02 of the Illinois Credit Card
	84	+	15 and Debit Card Act; or Section 11-9.1A of the Criminal Code of
	85	+	16 1961 or the Criminal Code of 2012 or Section 5.1 of the Wrongs
	86	+	17 to Children Act; or (ii) violated Section 50-50 of the Nurse
	87	+	18 Practice Act.
	88	+	19 A health care employer is not required to retain an
	89	+	20 individual in a position with duties involving direct care for
	90	+	21 clients, patients, or residents, and no long-term care
	91	+	22 facility is required to retain an individual in a position
	92	+	23 with duties that involve or may involve contact with residents
	93	+	24 or access to the living quarters or the financial, medical, or
	94	+	25 personal records of residents, who has been convicted of
	95	+	26 committing or attempting to commit one or more of the offenses
142	96
143	97
144		-	retained on the Health Care Worker Registry as long as they
145		-	remain active. Nothing in this subsection (a) shall be
146		-	construed to prohibit a health care employer from initiating a
147		-	criminal history records check for these employees. Should
148		-	these employees seek a new position with a different health
149		-	care employer, then a fingerprint-based criminal history
150		-	records check shall be required.
151		-	(b) On October 1, 2007 or as soon thereafter as is
152		-	reasonably practical, in the discretion of the Director of
153		-	Public Health, and thereafter, any student, applicant, or
154		-	employee who desires to be included on the Department of
155		-	Public Health's Health Care Worker Registry shall authorize
156		-	the Department of Public Health or its designee to request a
157		-	fingerprint-based criminal history records check to determine
158		-	if the individual has a conviction for a disqualifying
159		-	offense. This authorization shall allow the Department of
160		-	Public Health to request and receive information and
161		-	assistance from any State or governmental agency. Each
162		-	individual shall submit his or her fingerprints to the
163		-	Illinois State Police in an electronic format that complies
164		-	with the form and manner for requesting and furnishing
165		-	criminal history record information prescribed by the Illinois
166		-	State Police. Such fingerprints shall be transmitted through a
167		-	livescan fingerprint vendor licensed by the Department of
168		-	Financial and Professional Regulation. The fingerprints
169		-	submitted under this Section shall be checked against the
170	98
171	99
172		-	Illinois State Police and Federal Bureau of Investigation
173		-	criminal history record databases, now and hereafter filed,
174		-	including, but not limited to, civil, criminal, and latent
175		-	fingerprint databases. the fingerprint records now and
176		-	hereafter filed in the Illinois State Police criminal history
177		-	record databases. The Illinois State Police shall charge a fee
178		-	for conducting the criminal history records check, which shall
179		-	be deposited into the State Police Services Fund and shall not
180		-	exceed the actual cost of the records check. The Illinois
181		-	State Police shall furnish, pursuant to positive
182		-	identification, records of Illinois convictions and shall
183		-	forward the national criminal history record information to
184		-	the department or agency. The Illinois State Police shall
185		-	forward the applicant's fingerprints to the Federal Bureau of
186		-	Investigation. The Illinois State Police shall request that
187		-	the Federal Bureau of Investigation conduct a national
188		-	criminal history pertaining to the applicant The livescan
189		-	vendor may act as the designee for individuals, educational
190		-	entities, or health care employers in the collection of
191		-	Illinois State Police fees and deposit those fees into the
192		-	State Police Services Fund. The Illinois State Police shall
193		-	provide information concerning any criminal convictions, now
194		-	or hereafter filed, against the individual.
195		-	(c) On October 1, 2007 or as soon thereafter as is
196		-	reasonably practical, in the discretion of the Director of
197		-	Public Health, and thereafter, an educational entity, other
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198	102
199	103
200		-	than a secondary school, conducting a nurse aide training
201		-	program shall initiate a fingerprint-based criminal history
202		-	records check required by this Act prior to entry of an
203		-	individual into the training program.
204		-	(d) On October 1, 2007 or as soon thereafter as is
205		-	reasonably practical, in the discretion of the Director of
206		-	Public Health, and thereafter, a health care employer who
207		-	makes a conditional offer of employment to an applicant for a
208		-	position as an employee shall initiate a fingerprint-based
209		-	criminal history record check, requested by the Department of
210		-	Public Health, on the applicant, if such a background check
211		-	has not been previously conducted. Workforce intermediaries
212		-	and organizations providing pro bono legal services may
213		-	initiate a fingerprint-based criminal history record check if
214		-	a conditional offer of employment has not been made and a
215		-	background check has not been previously conducted for an
216		-	individual who has a disqualifying conviction and is receiving
217		-	services from a workforce intermediary or an organization
218		-	providing pro bono legal services.
219		-	(e) When initiating a background check requested by the
220		-	Department of Public Health, an educational entity, health
221		-	care employer, workforce intermediary, or organization that
222		-	provides pro bono legal services shall electronically submit
223		-	to the Department of Public Health the student's, applicant's,
224		-	or employee's social security number, demographics,
225		-	disclosure, and authorization information in a format
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	106	+	1 enumerated in this subsection.
	107	+	2 (b) A health care employer shall not hire, employ, or
	108	+	3 retain, whether paid or on a volunteer basis, any individual
	109	+	4 in a position with duties involving direct care of clients,
	110	+	5 patients, or residents, and no long-term care facility shall
	111	+	6 knowingly hire, employ, or retain, whether paid or on a
	112	+	7 volunteer basis, any individual in a position with duties that
	113	+	8 involve or may involve contact with residents or access to the
	114	+	9 living quarters or the financial, medical, or personal records
	115	+	10 of residents, if the health care employer becomes aware that
	116	+	11 the individual has been convicted in another state of
	117	+	12 committing or attempting to commit an offense that has the
	118	+	13 same or similar elements as an offense listed in subsection
	119	+	14 (a) or (a-1), as verified by court records, records from a
	120	+	15 state agency, or an FBI criminal history record check, unless
	121	+	16 the applicant or employee obtains a waiver pursuant to Section
	122	+	17 40 of this Act. This shall not be construed to mean that a
	123	+	18 health care employer has an obligation to conduct a criminal
	124	+	19 history records check in other states in which an employee has
	125	+	20 resided.
	126	+	21 (c) A health care employer shall not hire, employ, or
	127	+	22 retain, whether paid or on a volunteer basis, any individual
	128	+	23 in a position with duties involving direct care of clients,
	129	+	24 patients, or residents, who has a finding by the Department of
	130	+	25 abuse, neglect, misappropriation of property, or theft denoted
	131	+	26 on the Health Care Worker Registry.
226	132
227	133
228		-	prescribed by the Department of Public Health within 2 working
229		-	days after the authorization is secured. The student,
230		-	applicant, or employee shall have his or her fingerprints
231		-	collected electronically and transmitted to the Illinois State
232		-	Police within 10 working days. The educational entity, health
233		-	care employer, workforce intermediary, or organization that
234		-	provides pro bono legal services shall transmit all necessary
235		-	information and fees to the livescan vendor and Illinois State
236		-	Police within 10 working days after receipt of the
237		-	authorization. This information and the results of the
238		-	criminal history record checks shall be maintained by the
239		-	Department of Public Health's Health Care Worker Registry.
240		-	(f) A direct care employer may initiate a
241		-	fingerprint-based background check required by this Act for
242		-	any of its employees, but may not use this process to initiate
243		-	background checks for residents. The results of any
244		-	fingerprint-based background check that is initiated with the
245		-	Department as the requester shall be entered in the Health
246		-	Care Worker Registry.
247		-	(g) As long as the employee or trainee has had a
248		-	fingerprint-based criminal history record check required by
249		-	this Act and stays active on the Health Care Worker Registry,
250		-	no further criminal history record checks are required, as the
251		-	Illinois State Police shall notify the Department of Public
252		-	Health of any additional convictions associated with the
253		-	fingerprints previously submitted. Health care employers shall
254	134
255	135
256		-	check the Health Care Worker Registry before hiring an
257		-	employee to determine that the individual has had a
258		-	fingerprint-based record check required by this Act and has no
259		-	disqualifying convictions or has been granted a waiver
260		-	pursuant to Section 40 of this Act. If the individual has not
261		-	had such a background check or is not active on the Health Care
262		-	Worker Registry, then the health care employer shall initiate
263		-	a fingerprint-based record check requested by the Department
264		-	of Public Health. If an individual is inactive on the Health
265		-	Care Worker Registry, that individual is prohibited from being
266		-	hired to work as a certified nursing assistant if, since the
267		-	individual's most recent completion of a competency test,
268		-	there has been a period of 24 consecutive months during which
269		-	the individual has not provided nursing or nursing-related
270		-	services for pay. If the individual can provide proof of
271		-	having retained his or her certification by not having a
272		-	24-consecutive-month break in service for pay, he or she may
273		-	be hired as a certified nursing assistant and that employment
274		-	information shall be entered into the Health Care Worker
275		-	Registry.
276		-	(h) On October 1, 2007 or as soon thereafter as is
277		-	reasonably practical, in the discretion of the Director of
278		-	Public Health, and thereafter, if the Illinois State Police
279		-	notifies the Department of Public Health that an employee has
280		-	a new conviction of a disqualifying offense, based upon the
281		-	fingerprints that were previously submitted, then (i) the
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282	138
283	139
284		-	Health Care Worker Registry shall notify the employee's last
285		-	known employer of the offense, (ii) a record of the employee's
286		-	disqualifying offense shall be entered on the Health Care
287		-	Worker Registry, and (iii) the individual shall no longer be
288		-	eligible to work as an employee unless he or she obtains a
289		-	waiver pursuant to Section 40 of this Act.
290		-	(i) On October 1, 2007, or as soon thereafter, in the
291		-	discretion of the Director of Public Health, as is reasonably
292		-	practical, and thereafter, each direct care employer or its
293		-	designee shall provide an employment verification for each
294		-	employee no less than annually. The direct care employer or
295		-	its designee shall log into the Health Care Worker Registry
296		-	through a secure login. The health care employer or its
297		-	designee shall indicate employment and termination dates
298		-	within 30 days after hiring or terminating an employee, as
299		-	well as the employment category and type. Failure to comply
300		-	with this subsection (i) constitutes a licensing violation. A
301		-	fine of up to $500 may be imposed for failure to maintain these
302		-	records. This information shall be used by the Department of
303		-	Public Health to notify the last known employer of any
304		-	disqualifying offenses that are reported by the Illinois State
305		-	Police.
306		-	(j) In the event that an applicant or employee has a waiver
307		-	for one or more disqualifying offenses pursuant to Section 40
308		-	of this Act and he or she is otherwise eligible to work, the
309		-	Health Care Worker Registry shall indicate that the applicant
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	142	+	1 (d) A health care employer shall not hire, employ, or
	143	+	2 retain, whether paid or on a volunteer basis, any individual
	144	+	3 in a position with duties involving direct care of clients,
	145	+	4 patients, or residents if the individual has a verified and
	146	+	5 substantiated finding of abuse, neglect, or financial
	147	+	6 exploitation, as identified within the Adult Protective
	148	+	7 Service Registry established under Section 7.5 of the Adult
	149	+	8 Protective Services Act.
	150	+	9 (e) A health care employer shall not hire, employ, or
	151	+	10 retain, whether paid or on a volunteer basis, any individual
	152	+	11 in a position with duties involving direct care of clients,
	153	+	12 patients, or residents who has a finding by the Department of
	154	+	13 Human Services of physical or sexual abuse, financial
	155	+	14 exploitation, or egregious neglect of an individual denoted on
	156	+	15 the Health Care Worker Registry.
	157	+	16 (Source: P.A. 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.)
	158	+	17 (225 ILCS 46/33)
	159	+	18 Sec. 33. Fingerprint-based criminal history records check.
	160	+	19 (a) A fingerprint-based criminal history records check is
	161	+	20 not required for health care employees who have been
	162	+	21 continuously employed by a health care employer since October
	163	+	22 1, 2007, have met the requirements for criminal history
	164	+	23 background checks prior to October 1, 2007, and have no
	165	+	24 disqualifying convictions or requested and received a waiver
	166	+	25 of those disqualifying convictions. These employees shall be
310	167
311	168
312		-	or employee is eligible to work and that additional
313		-	information is available on the Health Care Worker Registry.
314		-	The Health Care Worker Registry may indicate that the
315		-	applicant or employee has received a waiver.
316		-	(k) The student, applicant, or employee shall be notified
317		-	of each of the following whenever a fingerprint-based criminal
318		-	history records check is required:
319		-	(1) That the educational entity, health care employer,
320		-	or long-term care facility shall initiate a
321		-	fingerprint-based criminal history record check required
322		-	by this Act of the student, applicant, or employee.
323		-	(2) That the student, applicant, or employee has a
324		-	right to obtain a copy of the criminal records report that
325		-	indicates a conviction for a disqualifying offense and
326		-	challenge the accuracy and completeness of the report
327		-	through an established Illinois State Police procedure of
328		-	Access and Review.
329		-	(3) That the applicant, if hired conditionally, may be
330		-	terminated if the criminal records report indicates that
331		-	the applicant has a record of a conviction of any of the
332		-	criminal offenses enumerated in Section 25, unless the
333		-	applicant obtains a waiver pursuant to Section 40 of this
334		-	Act.
335		-	(4) That the applicant, if not hired conditionally,
336		-	shall not be hired if the criminal records report
337		-	indicates that the applicant has a record of a conviction
338	169
339	170
340		-	of any of the criminal offenses enumerated in Section 25,
341		-	unless the applicant obtains a waiver pursuant to Section
342		-	40 of this Act.
343		-	(5) That the employee shall be terminated if the
344		-	criminal records report indicates that the employee has a
345		-	record of a conviction of any of the criminal offenses
346		-	enumerated in Section 25.
347		-	(6) If, after the employee has originally been
348		-	determined not to have disqualifying offenses, the
349		-	employer is notified that the employee has a new
350		-	conviction(s) of any of the criminal offenses enumerated
351		-	in Section 25, then the employee shall be terminated.
352		-	(l) A health care employer or long-term care facility may
353		-	conditionally employ an applicant for up to 3 months pending
354		-	the results of a fingerprint-based criminal history record
355		-	check requested by the Department of Public Health.
356		-	(m) The Department of Public Health or an entity
357		-	responsible for inspecting, licensing, certifying, or
358		-	registering the health care employer or long-term care
359		-	facility shall be immune from liability for notices given
360		-	based on the results of a fingerprint-based criminal history
361		-	record check.
362		-	(n) As used in this Section:
363		-	"Workforce intermediaries" means organizations that
364		-	function to provide job training and employment services.
365		-	Workforce intermediaries include institutions of higher
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366	173
367	174
368		-	education, faith-based and community organizations, and
369		-	workforce investment boards.
370		-	"Organizations providing pro bono legal services" means
371		-	legal services performed without compensation or at a
372		-	significantly reduced cost to the recipient that provide
373		-	services designed to help individuals overcome statutory
374		-	barriers that would prevent them from entering positions in
375		-	the healthcare industry.
376		-	(Source: P.A. 101-176, eff. 7-31-19; 102-538, eff. 8-20-21.)
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	177	+	1 retained on the Health Care Worker Registry as long as they
	178	+	2 remain active. Nothing in this subsection (a) shall be
	179	+	3 construed to prohibit a health care employer from initiating a
	180	+	4 criminal history records check for these employees. Should
	181	+	5 these employees seek a new position with a different health
	182	+	6 care employer, then a fingerprint-based criminal history
	183	+	7 records check shall be required.
	184	+	8 (b) On October 1, 2007 or as soon thereafter as is
	185	+	9 reasonably practical, in the discretion of the Director of
	186	+	10 Public Health, and thereafter, any student, applicant, or
	187	+	11 employee who desires to be included on the Department of
	188	+	12 Public Health's Health Care Worker Registry shall authorize
	189	+	13 the Department of Public Health or its designee to request a
	190	+	14 fingerprint-based criminal history records check to determine
	191	+	15 if the individual has a conviction for a disqualifying
	192	+	16 offense. This authorization shall allow the Department of
	193	+	17 Public Health to request and receive information and
	194	+	18 assistance from any State or governmental agency. Each
	195	+	19 individual shall submit his or her fingerprints to the
	196	+	20 Illinois State Police in an electronic format that complies
	197	+	21 with the form and manner for requesting and furnishing
	198	+	22 criminal history record information prescribed by the Illinois
	199	+	23 State Police. Such fingerprints shall be transmitted through a
	200	+	24 livescan fingerprint vendor licensed by the Department of
	201	+	25 Financial and Professional Regulation. The fingerprints
	202	+	26 submitted under this Section shall be checked against the
	203	+
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	206	+
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	213	+	1 Illinois State Police and Federal Bureau of Investigation
	214	+	2 criminal history record databases, now and hereafter filed,
	215	+	3 including, but not limited to, civil, criminal, and latent
	216	+	4 fingerprint databases. the fingerprint records now and
	217	+	5 hereafter filed in the Illinois State Police criminal history
	218	+	6 record databases. The Illinois State Police shall charge a fee
	219	+	7 for conducting the criminal history records check, which shall
	220	+	8 be deposited into the State Police Services Fund and shall not
	221	+	9 exceed the actual cost of the records check. The Illinois
	222	+	10 State Police shall furnish, pursuant to positive
	223	+	11 identification, records of Illinois convictions and shall
	224	+	12 forward the national criminal history record information to
	225	+	13 the department or agency. The Illinois State Police shall
	226	+	14 forward the applicant's fingerprints to the Federal Bureau of
	227	+	15 Investigation. The Illinois State Police shall request that
	228	+	16 the Federal Bureau of Investigation conduct a national
	229	+	17 criminal history pertaining to the applicant The livescan
	230	+	18 vendor may act as the designee for individuals, educational
	231	+	19 entities, or health care employers in the collection of
	232	+	20 Illinois State Police fees and deposit those fees into the
	233	+	21 State Police Services Fund. The Illinois State Police shall
	234	+	22 provide information concerning any criminal convictions, now
	235	+	23 or hereafter filed, against the individual.
	236	+	24 (c) On October 1, 2007 or as soon thereafter as is
	237	+	25 reasonably practical, in the discretion of the Director of
	238	+	26 Public Health, and thereafter, an educational entity, other
	239	+
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	249	+	1 than a secondary school, conducting a nurse aide training
	250	+	2 program shall initiate a fingerprint-based criminal history
	251	+	3 records check required by this Act prior to entry of an
	252	+	4 individual into the training program.
	253	+	5 (d) On October 1, 2007 or as soon thereafter as is
	254	+	6 reasonably practical, in the discretion of the Director of
	255	+	7 Public Health, and thereafter, a health care employer who
	256	+	8 makes a conditional offer of employment to an applicant for a
	257	+	9 position as an employee shall initiate a fingerprint-based
	258	+	10 criminal history record check, requested by the Department of
	259	+	11 Public Health, on the applicant, if such a background check
	260	+	12 has not been previously conducted. Workforce intermediaries
	261	+	13 and organizations providing pro bono legal services may
	262	+	14 initiate a fingerprint-based criminal history record check if
	263	+	15 a conditional offer of employment has not been made and a
	264	+	16 background check has not been previously conducted for an
	265	+	17 individual who has a disqualifying conviction and is receiving
	266	+	18 services from a workforce intermediary or an organization
	267	+	19 providing pro bono legal services.
	268	+	20 (e) When initiating a background check requested by the
	269	+	21 Department of Public Health, an educational entity, health
	270	+	22 care employer, workforce intermediary, or organization that
	271	+	23 provides pro bono legal services shall electronically submit
	272	+	24 to the Department of Public Health the student's, applicant's,
	273	+	25 or employee's social security number, demographics,
	274	+	26 disclosure, and authorization information in a format
	275	+
	276	+
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	285	+	1 prescribed by the Department of Public Health within 2 working
	286	+	2 days after the authorization is secured. The student,
	287	+	3 applicant, or employee shall have his or her fingerprints
	288	+	4 collected electronically and transmitted to the Illinois State
	289	+	5 Police within 10 working days. The educational entity, health
	290	+	6 care employer, workforce intermediary, or organization that
	291	+	7 provides pro bono legal services shall transmit all necessary
	292	+	8 information and fees to the livescan vendor and Illinois State
	293	+	9 Police within 10 working days after receipt of the
	294	+	10 authorization. This information and the results of the
	295	+	11 criminal history record checks shall be maintained by the
	296	+	12 Department of Public Health's Health Care Worker Registry.
	297	+	13 (f) A direct care employer may initiate a
	298	+	14 fingerprint-based background check required by this Act for
	299	+	15 any of its employees, but may not use this process to initiate
	300	+	16 background checks for residents. The results of any
	301	+	17 fingerprint-based background check that is initiated with the
	302	+	18 Department as the requester shall be entered in the Health
	303	+	19 Care Worker Registry.
	304	+	20 (g) As long as the employee or trainee has had a
	305	+	21 fingerprint-based criminal history record check required by
	306	+	22 this Act and stays active on the Health Care Worker Registry,
	307	+	23 no further criminal history record checks are required, as the
	308	+	24 Illinois State Police shall notify the Department of Public
	309	+	25 Health of any additional convictions associated with the
	310	+	26 fingerprints previously submitted. Health care employers shall
	311	+
	312	+
	313	+
	314	+
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	317	+
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	321	+	1 check the Health Care Worker Registry before hiring an
	322	+	2 employee to determine that the individual has had a
	323	+	3 fingerprint-based record check required by this Act and has no
	324	+	4 disqualifying convictions or has been granted a waiver
	325	+	5 pursuant to Section 40 of this Act. If the individual has not
	326	+	6 had such a background check or is not active on the Health Care
	327	+	7 Worker Registry, then the health care employer shall initiate
	328	+	8 a fingerprint-based record check requested by the Department
	329	+	9 of Public Health. If an individual is inactive on the Health
	330	+	10 Care Worker Registry, that individual is prohibited from being
	331	+	11 hired to work as a certified nursing assistant if, since the
	332	+	12 individual's most recent completion of a competency test,
	333	+	13 there has been a period of 24 consecutive months during which
	334	+	14 the individual has not provided nursing or nursing-related
	335	+	15 services for pay. If the individual can provide proof of
	336	+	16 having retained his or her certification by not having a
	337	+	17 24-consecutive-month break in service for pay, he or she may
	338	+	18 be hired as a certified nursing assistant and that employment
	339	+	19 information shall be entered into the Health Care Worker
	340	+	20 Registry.
	341	+	21 (h) On October 1, 2007 or as soon thereafter as is
	342	+	22 reasonably practical, in the discretion of the Director of
	343	+	23 Public Health, and thereafter, if the Illinois State Police
	344	+	24 notifies the Department of Public Health that an employee has
	345	+	25 a new conviction of a disqualifying offense, based upon the
	346	+	26 fingerprints that were previously submitted, then (i) the
	347	+
	348	+
	349	+
	350	+
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	357	+	1 Health Care Worker Registry shall notify the employee's last
	358	+	2 known employer of the offense, (ii) a record of the employee's
	359	+	3 disqualifying offense shall be entered on the Health Care
	360	+	4 Worker Registry, and (iii) the individual shall no longer be
	361	+	5 eligible to work as an employee unless he or she obtains a
	362	+	6 waiver pursuant to Section 40 of this Act.
	363	+	7 (i) On October 1, 2007, or as soon thereafter, in the
	364	+	8 discretion of the Director of Public Health, as is reasonably
	365	+	9 practical, and thereafter, each direct care employer or its
	366	+	10 designee shall provide an employment verification for each
	367	+	11 employee no less than annually. The direct care employer or
	368	+	12 its designee shall log into the Health Care Worker Registry
	369	+	13 through a secure login. The health care employer or its
	370	+	14 designee shall indicate employment and termination dates
	371	+	15 within 30 days after hiring or terminating an employee, as
	372	+	16 well as the employment category and type. Failure to comply
	373	+	17 with this subsection (i) constitutes a licensing violation. A
	374	+	18 fine of up to $500 may be imposed for failure to maintain these
	375	+	19 records. This information shall be used by the Department of
	376	+	20 Public Health to notify the last known employer of any
	377	+	21 disqualifying offenses that are reported by the Illinois State
	378	+	22 Police.
	379	+	23 (j) In the event that an applicant or employee has a waiver
	380	+	24 for one or more disqualifying offenses pursuant to Section 40
	381	+	25 of this Act and he or she is otherwise eligible to work, the
	382	+	26 Health Care Worker Registry shall indicate that the applicant
	383	+
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	386	+
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	393	+	1 or employee is eligible to work and that additional
	394	+	2 information is available on the Health Care Worker Registry.
	395	+	3 The Health Care Worker Registry may indicate that the
	396	+	4 applicant or employee has received a waiver.
	397	+	5 (k) The student, applicant, or employee shall be notified
	398	+	6 of each of the following whenever a fingerprint-based criminal
	399	+	7 history records check is required:
	400	+	8 (1) That the educational entity, health care employer,
	401	+	9 or long-term care facility shall initiate a
	402	+	10 fingerprint-based criminal history record check required
	403	+	11 by this Act of the student, applicant, or employee.
	404	+	12 (2) That the student, applicant, or employee has a
	405	+	13 right to obtain a copy of the criminal records report that
	406	+	14 indicates a conviction for a disqualifying offense and
	407	+	15 challenge the accuracy and completeness of the report
	408	+	16 through an established Illinois State Police procedure of
	409	+	17 Access and Review.
	410	+	18 (3) That the applicant, if hired conditionally, may be
	411	+	19 terminated if the criminal records report indicates that
	412	+	20 the applicant has a record of a conviction of any of the
	413	+	21 criminal offenses enumerated in Section 25, unless the
	414	+	22 applicant obtains a waiver pursuant to Section 40 of this
	415	+	23 Act.
	416	+	24 (4) That the applicant, if not hired conditionally,
	417	+	25 shall not be hired if the criminal records report
	418	+	26 indicates that the applicant has a record of a conviction
	419	+
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	429	+	1 of any of the criminal offenses enumerated in Section 25,
	430	+	2 unless the applicant obtains a waiver pursuant to Section
	431	+	3 40 of this Act.
	432	+	4 (5) That the employee shall be terminated if the
	433	+	5 criminal records report indicates that the employee has a
	434	+	6 record of a conviction of any of the criminal offenses
	435	+	7 enumerated in Section 25.
	436	+	8 (6) If, after the employee has originally been
	437	+	9 determined not to have disqualifying offenses, the
	438	+	10 employer is notified that the employee has a new
	439	+	11 conviction(s) of any of the criminal offenses enumerated
	440	+	12 in Section 25, then the employee shall be terminated.
	441	+	13 (l) A health care employer or long-term care facility may
	442	+	14 conditionally employ an applicant for up to 3 months pending
	443	+	15 the results of a fingerprint-based criminal history record
	444	+	16 check requested by the Department of Public Health.
	445	+	17 (m) The Department of Public Health or an entity
	446	+	18 responsible for inspecting, licensing, certifying, or
	447	+	19 registering the health care employer or long-term care
	448	+	20 facility shall be immune from liability for notices given
	449	+	21 based on the results of a fingerprint-based criminal history
	450	+	22 record check.
	451	+	23 (n) As used in this Section:
	452	+	24 "Workforce intermediaries" means organizations that
	453	+	25 function to provide job training and employment services.
	454	+	26 Workforce intermediaries include institutions of higher
	455	+
	456	+
	457	+
	458	+
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	465	+	1 education, faith-based and community organizations, and
	466	+	2 workforce investment boards.
	467	+	3 "Organizations providing pro bono legal services" means
	468	+	4 legal services performed without compensation or at a
	469	+	5 significantly reduced cost to the recipient that provide
	470	+	6 services designed to help individuals overcome statutory
	471	+	7 barriers that would prevent them from entering positions in
	472	+	8 the healthcare industry.
	473	+	9 (Source: P.A. 101-176, eff. 7-31-19; 102-538, eff. 8-20-21.)
	474	+
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	476	+
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