Bill Text: IL HB0481 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Nursing Home Care Act, MC/DD Act, and ID/DD Community Care Act. Provides that the Department of Public Health shall allow an individual to satisfy a specified supervised clinical experience requirement through supervised clinical experience at an assisted living establishment licensed under the Assisted Living and Shared Housing Act.

Spectrum: Bipartisan Bill

Status: (Enrolled) 2017-05-31 - Passed Both Houses [HB0481 Detail]

Download: Illinois-2017-HB0481-Enrolled.html



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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Nursing Home Care Act is amended by changing
5Section 3-206 as follows:
6 (210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206)
7 Sec. 3-206. The Department shall prescribe a curriculum for
8training nursing assistants, habilitation aides, and child
9care aides.
10 (a) No person, except a volunteer who receives no
11compensation from a facility and is not included for the
12purpose of meeting any staffing requirements set forth by the
13Department, shall act as a nursing assistant, habilitation
14aide, or child care aide in a facility, nor shall any person,
15under any other title, not licensed, certified, or registered
16to render medical care by the Department of Professional
17Regulation, assist with the personal, medical, or nursing care
18of residents in a facility, unless such person meets the
19following requirements:
20 (1) Be at least 16 years of age, of temperate habits
21 and good moral character, honest, reliable and
22 trustworthy.
23 (2) Be able to speak and understand the English

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1 language or a language understood by a substantial
2 percentage of the facility's residents.
3 (3) Provide evidence of employment or occupation, if
4 any, and residence for 2 years prior to his present
5 employment.
6 (4) Have completed at least 8 years of grade school or
7 provide proof of equivalent knowledge.
8 (5) Begin a current course of training for nursing
9 assistants, habilitation aides, or child care aides,
10 approved by the Department, within 45 days of initial
11 employment in the capacity of a nursing assistant,
12 habilitation aide, or child care aide at any facility. Such
13 courses of training shall be successfully completed within
14 120 days of initial employment in the capacity of nursing
15 assistant, habilitation aide, or child care aide at a
16 facility. Nursing assistants, habilitation aides, and
17 child care aides who are enrolled in approved courses in
18 community colleges or other educational institutions on a
19 term, semester or trimester basis, shall be exempt from the
20 120 day completion time limit. The Department shall adopt
21 rules for such courses of training. These rules shall
22 include procedures for facilities to carry on an approved
23 course of training within the facility. The Department
24 shall allow an individual to satisfy the supervised
25 clinical experience requirement for placement on the
26 Health Care Worker Registry under 77 Ill. Adm. Code 300.663

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1 through supervised clinical experience at an assisted
2 living establishment licensed under the Assisted Living
3 and Shared Housing Act. The Department shall adopt rules
4 requiring that the Health Care Worker Registry include
5 information identifying where an individual on the Health
6 Care Worker Registry received his or her clinical training.
7 The Department may accept comparable training in lieu
8 of the 120 hour course for student nurses, foreign nurses,
9 military personnel, or employes of the Department of Human
10 Services.
11 The facility shall develop and implement procedures,
12 which shall be approved by the Department, for an ongoing
13 review process, which shall take place within the facility,
14 for nursing assistants, habilitation aides, and child care
15 aides.
16 At the time of each regularly scheduled licensure
17 survey, or at the time of a complaint investigation, the
18 Department may require any nursing assistant, habilitation
19 aide, or child care aide to demonstrate, either through
20 written examination or action, or both, sufficient
21 knowledge in all areas of required training. If such
22 knowledge is inadequate the Department shall require the
23 nursing assistant, habilitation aide, or child care aide to
24 complete inservice training and review in the facility
25 until the nursing assistant, habilitation aide, or child
26 care aide demonstrates to the Department, either through

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1 written examination or action, or both, sufficient
2 knowledge in all areas of required training.
3 (6) Be familiar with and have general skills related to
4 resident care.
5 (a-0.5) An educational entity, other than a secondary
6school, conducting a nursing assistant, habilitation aide, or
7child care aide training program shall initiate a criminal
8history record check in accordance with the Health Care Worker
9Background Check Act prior to entry of an individual into the
10training program. A secondary school may initiate a criminal
11history record check in accordance with the Health Care Worker
12Background Check Act at any time during or after a training
13program.
14 (a-1) Nursing assistants, habilitation aides, or child
15care aides seeking to be included on the registry maintained
16under Section 3-206.01 on or after January 1, 1996 must
17authorize the Department of Public Health or its designee to
18request a criminal history record check in accordance with the
19Health Care Worker Background Check Act and submit all
20necessary information. An individual may not newly be included
21on the registry unless a criminal history record check has been
22conducted with respect to the individual.
23 (b) Persons subject to this Section shall perform their
24duties under the supervision of a licensed nurse.
25 (c) It is unlawful for any facility to employ any person in
26the capacity of nursing assistant, habilitation aide, or child

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1care aide, or under any other title, not licensed by the State
2of Illinois to assist in the personal, medical, or nursing care
3of residents in such facility unless such person has complied
4with this Section.
5 (d) Proof of compliance by each employee with the
6requirements set out in this Section shall be maintained for
7each such employee by each facility in the individual personnel
8folder of the employee. Proof of training shall be obtained
9only from the health care worker registry.
10 (e) Each facility shall obtain access to the health care
11worker registry's web application, maintain the employment and
12demographic information relating to each employee, and verify
13by the category and type of employment that each employee
14subject to this Section meets all the requirements of this
15Section.
16 (f) Any facility that is operated under Section 3-803 shall
17be exempt from the requirements of this Section.
18 (g) Each skilled nursing and intermediate care facility
19that admits persons who are diagnosed as having Alzheimer's
20disease or related dementias shall require all nursing
21assistants, habilitation aides, or child care aides, who did
22not receive 12 hours of training in the care and treatment of
23such residents during the training required under paragraph (5)
24of subsection (a), to obtain 12 hours of in-house training in
25the care and treatment of such residents. If the facility does
26not provide the training in-house, the training shall be

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1obtained from other facilities, community colleges or other
2educational institutions that have a recognized course for such
3training. The Department shall, by rule, establish a recognized
4course for such training. The Department's rules shall provide
5that such training may be conducted in-house at each facility
6subject to the requirements of this subsection, in which case
7such training shall be monitored by the Department.
8 The Department's rules shall also provide for
9circumstances and procedures whereby any person who has
10received training that meets the requirements of this
11subsection shall not be required to undergo additional training
12if he or she is transferred to or obtains employment at a
13different facility or a facility other than a long-term care
14facility but remains continuously employed for pay as a nursing
15assistant, habilitation aide, or child care aide. Individuals
16who have performed no nursing or nursing-related services for a
17period of 24 consecutive months shall be listed as "inactive"
18and as such do not meet the requirements of this Section.
19Licensed sheltered care facilities shall be exempt from the
20requirements of this Section.
21(Source: P.A. 96-1372, eff. 7-29-10.)
22 Section 99. Effective date. This Act takes effect upon
23becoming law.
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