(225 ILCS 46/15)
(Text of Section from P.A. 94‑379)
Sec. 15.
Definitions.
For the purposes of this Act, the following
definitions apply:
"Applicant" means an individual seeking employment 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
health care employer to an applicant, which is contingent upon the receipt of a
report from the Department of State Police indicating that the applicant does
not have a record of conviction of any of the criminal offenses enumerated in
Section 25.
"Direct care" means the provision of nursing care or assistance with feeding,
dressing, movement, bathing, toileting, or other personal needs, including home services as defined in the Home Health, Home Services, and Home Nursing Agency Licensing Act. The entity
responsible for inspecting and licensing, certifying, or registering the
health care employer may, by administrative rule, prescribe guidelines for
interpreting this definition with regard to the health care employers that it
licenses.
"Health care employer" means:
(1) the owner or licensee of any of the
following:
(i) a community living facility, as defined in
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the Community Living Facilities Act;
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(ii) a life care facility, as defined in the Life
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(iii) a long‑term care facility, as defined in
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the Nursing Home Care Act;
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(iv) a home health agency, home services agency,
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or home nursing agency as defined in the Home Health, Home Services, and Home Nursing Agency Licensing Act;
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(v) a full hospice, as defined in the Hospice
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(vi) a hospital, as defined in the Hospital
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(vii) a community residential alternative, as
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defined in the Community Residential Alternatives Licensing Act;
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(viii) a nurse agency, as defined in the Nurse
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(ix) a respite care provider, as defined in the
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(ix‑a) an establishment licensed under the
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Assisted Living and Shared Housing Act;
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(x) a supportive living program, as defined in
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the Illinois Public Aid Code;
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(xi) early childhood intervention programs as
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described in 59 Ill. Adm. Code 121;
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(xii) the University of Illinois Hospital,
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(xiii) programs funded by the Department on Aging
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through the Community Care Program;
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(xiv) programs certified to participate in the
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Supportive Living Program authorized pursuant to Section 5‑5.01a of the Illinois Public Aid Code;
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(xv) programs listed by the Emergency Medical
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Services (EMS) Systems Act as Freestanding Emergency Centers;
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(xvi) locations licensed under the Alternative
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Health Care Delivery Act;
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(2) a day training program certified by the
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Department of Human Services;
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(3) a community integrated living arrangement
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operated by a community mental health and developmental service agency, as defined in the Community‑Integrated Living Arrangements Licensing and Certification Act; or
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(4) the State Long Term Care Ombudsman Program,
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including any regional long term care ombudsman programs under Section 4.04 of the Illinois Act on the Aging, only for the purpose of securing background checks.
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"Initiate" means the obtaining of the authorization for a record check from
a student, applicant, or employee. The educational entity or health care
employer or its designee shall transmit all necessary information and fees
to the Illinois State Police within 10 working days after receipt of the
authorization.
(Source: P.A. 93‑878, eff. 1‑1‑05; 94‑379, eff. 1‑1‑06.)
(Text of Section from P.A. 94‑570)
Sec. 15. Definitions. For the purposes of this Act, the following
definitions apply:
"Applicant" means an individual seeking employment 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
health care employer to an applicant, which is contingent upon the receipt of a
report from the Department of State Police indicating that the applicant does
not have a record of conviction of any of the criminal offenses enumerated in
Section 25.
"Direct care" means the provision of nursing care or assistance with feeding,
dressing, movement, bathing, toileting, or other personal needs. The entity
responsible for inspecting and licensing, certifying, or registering the
health care employer may, by administrative rule, prescribe guidelines for
interpreting this definition with regard to the health care employers that it
licenses.
"Health care employer" means:
(1) the owner or licensee of any of the
following:
(i) a community living facility, as defined in
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the Community Living Facilities Act;
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(ii) a life care facility, as defined in the Life
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(iii) a long‑term care facility, as defined in
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the Nursing Home Care Act;
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(iv) a home health agency, as defined in the Home
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Health Agency Licensing Act;
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(v) a comprehensive hospice program or volunteer
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hospice program, as defined in the Hospice Program Licensing Act;
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(vi) a hospital, as defined in the Hospital
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(vii) a community residential alternative, as
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defined in the Community Residential Alternatives Licensing Act;
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(viii) a nurse agency, as defined in the Nurse
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(ix) a respite care provider, as defined in the
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(ix‑a) an establishment licensed under the
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Assisted Living and Shared Housing Act;
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(x) a supportive living program, as defined in
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the Illinois Public Aid Code;
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(xi) early childhood intervention programs as
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described in 59 Ill. Adm. Code 121;
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(xii) the University of Illinois Hospital,
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(xiii) programs funded by the Department on Aging
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through the Community Care Program;
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(xiv) programs certified to participate in the
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Supportive Living Program authorized pursuant to Section 5‑5.01a of the Illinois Public Aid Code;
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(xv) programs listed by the Emergency Medical
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Services (EMS) Systems Act as Freestanding Emergency Centers;
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(xvi) locations licensed under the Alternative
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Health Care Delivery Act;
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(2) a day training program certified by the
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Department of Human Services;
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(3) a community integrated living arrangement
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operated by a community mental health and developmental service agency, as defined in the Community‑Integrated Living Arrangements Licensing and Certification Act; or
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(4) the State Long Term Care Ombudsman Program,
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including any regional long term care ombudsman programs under Section 4.04 of the Illinois Act on the Aging, only for the purpose of securing background checks.
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"Initiate" means the obtaining of the authorization for a record check from
a student, applicant, or employee. The educational entity or health care
employer or its designee shall transmit all necessary information and fees
to the Illinois State Police within 10 working days after receipt of the
authorization.
(Source: P.A. 93‑878, eff. 1‑1‑05; 94‑570, eff. 8‑12‑05.)
(Text of Section from P.A. 94‑665)
Sec. 15. Definitions. For the purposes of this Act, the following
definitions apply:
"Applicant" means an individual seeking employment 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
health care employer to an applicant, which is contingent upon the receipt of a
report from the Department of State Police indicating that the applicant does
not have a record of conviction of any of the criminal offenses enumerated in
Section 25.
"Direct care" means the provision of nursing care or assistance with feeding,
dressing, movement, bathing, toileting, or other personal needs. The entity
responsible for inspecting and licensing, certifying, or registering the
health care employer may, by administrative rule, prescribe guidelines for
interpreting this definition with regard to the health care employers that it
licenses.
"Health care employer" means:
(1) the owner or licensee of any of the
following:
(i) a community living facility, as defined in
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the Community Living Facilities Act;
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(ii) a life care facility, as defined in the Life
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(iii) a long‑term care facility, as defined in
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the Nursing Home Care Act;
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(iv) a home health agency, as defined in the Home
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Health Agency Licensing Act;
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(v) a full hospice, as defined in the Hospice
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(vi) a hospital, as defined in the Hospital
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(vii) a community residential alternative, as
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defined in the Community Residential Alternatives Licensing Act;
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(viii) a nurse agency, as defined in the Nurse
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(ix) a respite care provider, as defined in the
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(ix‑a) an establishment licensed under the
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Assisted Living and Shared Housing Act;
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(x) a supportive living program, as defined in
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the Illinois Public Aid Code;
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(xi) early childhood intervention programs as
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described in 59 Ill. Adm. Code 121;
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(xii) the University of Illinois Hospital,
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(xiii) programs funded by the Department on Aging
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through the Community Care Program;
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(xiv) programs certified to participate in the
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Supportive Living Program authorized pursuant to Section 5‑5.01a of the Illinois Public Aid Code;
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(xv) programs listed by the Emergency Medical
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Services (EMS) Systems Act as Freestanding Emergency Centers;
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(xvi) locations licensed under the Alternative
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Health Care Delivery Act;
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(2) a day training program certified by the
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Department of Human Services;
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(3) a community integrated living arrangement
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operated by a community mental health and developmental service agency, as defined in the Community‑Integrated Living Arrangements Licensing and Certification Act; or
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(4) the State Long Term Care Ombudsman Program,
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including any regional long term care ombudsman programs under Section 4.04 of the Illinois Act on the Aging, only for the purpose of securing background checks.
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"Initiate" means the obtaining of the authorization for a record check from
a student, applicant, or employee. The educational entity or health care
employer or its designee shall transmit all necessary information and fees
to the Illinois State Police within 10 working days after receipt of the
authorization.
"Long‑term care facility" means a facility licensed by the State or certified under federal law as a long‑term care facility, a supportive living facility, an assisted living establishment, or a shared housing establishment or registered as a board and care home.
(Source: P.A. 93‑878, eff. 1‑1‑05; 94‑665, eff. 1‑1‑06.)
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(225 ILCS 46/65)
Sec. 65.
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, Department of Public Health, Department of Professional Regulation,
and the Department of Human Services to determine the criminal background, if
any, of health care workers who have had findings of abuse, theft, or
exploitation.
(b) The Task Force shall make recommendations concerning modifications to
the list of offenses enumerated in Section 25, including time limits on all or
some of the disqualifying offenses, and any other necessary or desirable
changes to the Act.
(c) The Task Force shall issue an interim report to the Governor and General
Assembly no later than January 1, 2004. The final report shall be issued no
later than September 30, 2005, and shall include specific statutory changes
recommended, if any.
(d) The Task Force shall be composed of the following members, who shall
serve without pay:
(1) a chairman knowledgeable about health care |
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issues, who shall be appointed by the Governor;
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(2) the Director of Public Health or his or her
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(3) the Director of State Police or his or her
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(3.5) the Director of Public Aid or his or her
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(3.6) the Secretary of Human Services or his or her
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(3.7) the Director of Aging or his or her designee;
(4) 2 representatives of health care providers, who
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shall be appointed by the Governor;
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(5) 2 representatives of health care employees, who
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shall be appointed by the Governor;
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(5.5) a representative of a Community Care homemaker
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program, who shall be appointed by the Governor;
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(6) a representative of the general public who has
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an interest in health care, who shall be appointed by the Governor; and
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(7) 4 members of the General Assembly, one appointed
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by the Speaker of the House, one appointed by the House Minority Leader, one appointed by the President of the Senate, and one appointed by the Senate Minority Leader.
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(Source: P.A. 93‑224, eff. 7‑18‑03.)
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(225 ILCS 46/70)
Sec. 70.
Centers for Medicare and Medicaid Services (CMMS) grant.
(a) In this Section:
"Centers for Medicare and Medicaid Services (CMMS) grant" means the grant awarded to and distributed by the Department of Public Health to enhance the conduct of criminal history records checks of certain health care employees. The CMMS grant is authorized by Section 307 of the federal Medicare Prescription Drug, Improvement, and Modernization Act of 2003, which establishes the framework for a program to evaluate national and state background checks on prospective employees with direct access to patients of long‑term care facilities or providers.
"Selected health care employer" means any of the following selected to participate in the CMMS grant:
(1) a community living facility as defined in the
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Community Living Facility Act;
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(2) a long‑term care facility as defined in the
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(3) a home health agency as defined in the Home
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Health Agency Licensing Act;
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(4) a full hospice as defined in the Hospice
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(5) an establishment licensed under the Assisted
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Living and Shared Housing Act;
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(6) a supportive living facility as defined in the
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Illinois Public Aid Code;
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(7) a day training program certified by the
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Department of Human Services;
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(8) a community integrated living arrangement
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operated by a community mental health and developmental service agency as defined in the Community Integrated Living Arrangements Licensing and Certification Act; or
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(9) a long‑term care hospital or hospital with swing
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(b) Selected health care employers shall be phased in to participate in the CMMS grant between January 1, 2006 and January 1, 2007, as prescribed by the Department of Public Health by rule.
(c) With regards to individuals hired on or after January 1, 2006 who have direct access to residents, patients, or clients of the selected health care employer, selected health care employers must comply with Section 25 of this Act.
"Individuals who have direct access" includes, but is not
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limited to, (i) direct care workers as described in subsection (a) of Section 25; (ii) individuals licensed by the Department of Financial and Professional Regulation, such as nurses, social workers, physical therapists, occupational therapists, and pharmacists; (iii) individuals who provide services on site, through contract; and (iv) non‑direct care workers, such as those who work in environmental services, food service, and administration.
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"Individuals who have direct access" does not include
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physicians or volunteers.
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The Department of Public Health may further define "individuals who have direct access" by rule.
(d) Each applicant seeking employment in a position described in subsection (c) of this Section with a selected health care employer shall, as a condition of employment, have his or her fingerprints submitted to the Department of State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information by the Department of State Police and the Federal Bureau of Investigation criminal history record databases now and hereafter filed. The Department of State Police shall forward the fingerprints to the Federal Bureau of Investigation for a national criminal history records check. The Department of State Police shall charge a fee for conducting the criminal history records check, which shall not exceed the actual cost of the records check and shall be deposited into the State Police Services Fund. The Department of State Police shall furnish, pursuant to positive identification, records of Illinois convictions to the Department of Public Health.
(e) A selected health care employer who makes a conditional offer of employment to an applicant shall:
(1) ensure that the applicant has complied with the
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fingerprinting requirements of this Section;
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(2) complete documentation relating to any criminal
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history record, as revealed by the applicant, as prescribed by rule by the Department of Public Health;
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(3) complete documentation of the applicant's
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personal identifiers as prescribed by rule by the Department of Public Health; and
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(4) provide supervision, as prescribed by rule by the
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licensing agency, if the applicant is hired and allowed to work prior to the results of the criminal history records check being obtained.
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(f) A selected health care employer having actual
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knowledge from a source that an individual with direct access to a resident, patient, or client has been convicted of committing or attempting to commit one of the offenses enumerated in Section 25 of this Act shall contact the licensing agency or follow other instructions as prescribed by administrative rule.
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(g) A fingerprint‑based criminal history records check submitted in accordance with subsection (d) of this Section must be submitted as a fee applicant inquiry in the form and manner prescribed by the Department of State Police.
(h) This Section shall be inapplicable upon the conclusion of the CMMS grant.
(Source: P.A. 94‑665, eff. 1‑1‑06; 94‑931, eff. 6‑26‑06.)
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