225 ILCS 46/1
Short title
Short title. This Act may be cited as the Health Care Worker Background Check Act. (Source: P.A. 89-197, eff. 7-21-95.)
Illinois Compiled Statutes 225 ILCS 46 — Health Care Worker Background Check Act.
Illinois · statute · 225 ILCS 46 · 22 active provisions
225 ILCS 46/5
Purpose
Purpose. The General Assembly finds that it is in the public interest to protect the citizens of the State of Illinois who are the most frail and who are persons with disabilities from possible harm through a criminal background check of certain health care workers and all employees of licensed and certified long-term…
225 ILCS 46/10
Applicability
Applicability. This Act applies to all individuals employed or retained by a health care employer as home health care aides, nurse aides, personal care assistants, private duty nurse aides, day training personnel, or an individual working in any similar health-related occupation where he or she provides direct care or…
225 ILCS 46/15
Definitions
Definitions. In this Act: "Applicant" means an individual enrolling in a training program, seeking employment, whether paid or on a volunteer basis, with a health care employer who has received a bona fide conditional offer of employment. "Conditional offer of employment" means a bona fide offer of employment by a heal…
225 ILCS 46/20
Exceptions
Exceptions. This Act shall not apply to: (1) an individual who is licensed by the Department of Financial and Professional Regulation or the Department of Public Health under another law of this State; (2) an individual employed or retained by a health care employer for whom a criminal background check is required by a…
225 ILCS 46/25
Hiring of people with criminal records by health care employers and long-term care facilities
Hiring of people with criminal records by health care employers and long-term care facilities. (a) A health care employer or long-term care facility may 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, medic…
225 ILCS 46/26
Health Care Worker Registry
Health Care Worker Registry. The Department shall establish and maintain the Health Care Worker Registry, a registry of all individuals who (i) have satisfactorily completed the training required by Section 3-206 of the Nursing Home Care Act, Section 3-206 of the MC/DD Act, or Section 3-206 of the ID/DD Community Care…
225 ILCS 46/27
Notice and hearing prior to designation on Health Care Worker Registry for offense
Notice and hearing prior to designation on Health Care Worker Registry for offense. (a) If the Department finds that an employee or former employee has abused or neglected a resident or misappropriated property of a resident, then the Department shall notify the employee or individual of this finding by certified mail…
225 ILCS 46/28
Designation on Registry for offense
Designation on Registry for offense. (a) The Department, after notice to the employee, or former employee, may denote on the Health Care Worker Registry that the Department has found any of the following: (1) The employee, or former employee, has abused a resident. (2) The employee, or former employee, has neglected a…
225 ILCS 46/33
Fingerprint-based criminal history records check
Fingerprint-based criminal history records check. (a) A fingerprint-based criminal history records check is not required for health care employees who have been continuously employed by a health care employer since October 1, 2007, have met the requirements for criminal history background checks prior to October 1, 200…
225 ILCS 46/40
Waiver
Waiver. (a) Any student, applicant, enrollee in a training program, individual receiving services from a workforce intermediary or organization providing pro bono legal services, or employee listed on the Health Care Worker Registry may request a waiver of the prohibition against employment by: (1) completing a waiver…
225 ILCS 46/40.1
Health Care Worker Registry working group
Health Care Worker Registry working group. (a) The Office of the Governor shall establish a working group regarding the activities under this Act, with the following goals: (1) to evaluate and monitor the success of health care waivers under Section 40 in creating job opportunity for people with criminal records; and (…
225 ILCS 46/45
Application fees
Application fees. Except as otherwise provided in this Act, the student, applicant, or employee, other than a nurse aide, may be required to pay all related application and fingerprinting fees including, but not limited to, the amounts established by the Illinois State Police to process fingerprint-based criminal histo…
225 ILCS 46/50
Health care employer files
Health care employer files. The health care employer shall retain on file for a period of 5 years records of criminal records requests for all employees. The health care employer shall retain a copy of the disclosure and authorization forms, a copy of the livescan request form, all notifications resulting from the fing…
225 ILCS 46/55
Immunity from liability
Immunity from liability. A health care employer shall not be liable for the failure to hire or to retain an applicant or employee who has been convicted of committing or attempting to commit one or more of the offenses enumerated in subsection (a) of Section 25 of this Act. However, if an employee is suspended from emp…
225 ILCS 46/60
Offense
Offense. (a) Any person whose profession is job counseling who knowingly counsels any person who has been convicted of committing or attempting to commit any of the offenses enumerated in subsection (a) of Section 25 to apply for a position with duties involving direct contact with a client, patient, or resident of a h…
225 ILCS 46/65
Health Care Worker Task Force
Health Care Worker Task Force. A Health Care Worker Task Force shall be appointed to study and make recommendations on statutory changes to this Act. (a) The Task Force shall monitor the status of the implementation of this Act and monitor complaint investigations relating to this Act by the Department on Aging, Depart…
225 ILCS 46/70
Centers for Medicare and Medicaid Services (CMMS) grant; Voluntary FBI Fingerprint Demonstration Project
Centers for Medicare and Medicaid Services (CMMS) grant; Voluntary FBI Fingerprint Demonstration Project. (a) The General Assembly authorizes the establishment of the Voluntary FBI Fingerprint Demonstration Project (Demonstration Project), which shall be consistent with the provisions of the Centers for Medicare and Me…
225 ILCS 46/75
Rulemaking
Rulemaking. The Department shall have the authority to adopt administrative rules and procedures to carry out the purpose of this Act. The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedures of the Department under this Act. (So…
225 ILCS 46/90
(Amendatory provisions; text omitted)
(Amendatory provisions; text omitted). (Source: P.A. 89-197, eff. 7-21-95; text omitted.)
225 ILCS 46/95
(Amendatory provisions; text omitted)
(Amendatory provisions; text omitted). (Source: P.A. 89-197, eff. 7-21-95; text omitted.)
225 ILCS 46/99
Effective date
Effective date. This Act takes effect upon becoming law. (Source: P.A. 89-197, eff. 7-21-95.)