Bill Text: IL HB0481 | 2017-2018 | 100th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: (Passed) 2017-08-24 - Public Act . . . . . . . . . 100-0297 [HB0481 Detail]
Download: Illinois-2017-HB0481-Enrolled.html
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: (Passed) 2017-08-24 - Public Act . . . . . . . . . 100-0297 [HB0481 Detail]
Download: Illinois-2017-HB0481-Enrolled.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Nursing Home Care Act is amended by changing | ||||||
5 | Section 3-206 as follows:
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6 | (210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206)
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7 | Sec. 3-206.
The Department shall prescribe a curriculum for | ||||||
8 | training
nursing assistants, habilitation aides, and child | ||||||
9 | care aides.
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10 | (a) No person, except a volunteer who receives no | ||||||
11 | compensation from a
facility and is not included for the | ||||||
12 | purpose of meeting any staffing
requirements set forth by the | ||||||
13 | Department, shall act as a nursing assistant,
habilitation | ||||||
14 | aide, or child care aide in a facility, nor shall any person, | ||||||
15 | under any
other title, not licensed, certified, or registered | ||||||
16 | to render medical care
by the Department of Professional | ||||||
17 | Regulation, assist with the
personal, medical, or nursing care | ||||||
18 | of residents in a facility, unless such
person meets the | ||||||
19 | following requirements:
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20 | (1) Be at least 16 years of age, of temperate habits | ||||||
21 | and good moral
character, honest, reliable and | ||||||
22 | trustworthy.
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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.
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3 | (3) Provide evidence of employment or occupation, if | ||||||
4 | any, and residence
for 2 years prior to his present | ||||||
5 | employment.
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6 | (4) Have completed at least 8 years of grade school or | ||||||
7 | provide proof of
equivalent knowledge.
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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
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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.
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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.
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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.
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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.
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3 | (6) Be familiar with and have general skills related to | ||||||
4 | resident care.
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5 | (a-0.5) An educational entity, other than a secondary | ||||||
6 | school, conducting a
nursing assistant, habilitation aide, or | ||||||
7 | child care aide
training program
shall initiate a criminal | ||||||
8 | history record check in accordance with the Health Care Worker | ||||||
9 | Background Check Act prior to entry of an
individual into the | ||||||
10 | training program.
A secondary school may initiate a criminal | ||||||
11 | history record check in accordance with the Health Care Worker | ||||||
12 | Background Check Act at any time during or after a training | ||||||
13 | program.
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14 | (a-1) Nursing assistants, habilitation aides, or child | ||||||
15 | care aides seeking to be included on the registry maintained | ||||||
16 | under Section 3-206.01 on or
after January 1, 1996 must | ||||||
17 | authorize the Department of Public Health or its
designee
to | ||||||
18 | request a criminal history record check in accordance with the | ||||||
19 | Health Care Worker Background Check Act and submit all | ||||||
20 | necessary
information. An individual may not newly be included | ||||||
21 | on the registry unless a criminal history record check has been | ||||||
22 | conducted with respect to the individual.
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23 | (b) Persons subject to this Section shall perform their | ||||||
24 | duties under the
supervision of a licensed nurse.
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25 | (c) It is unlawful for any facility to employ any person in | ||||||
26 | the capacity
of nursing assistant, habilitation aide, or child |
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1 | care aide, or under any other title, not
licensed by the State | ||||||
2 | of Illinois to assist in the personal, medical, or
nursing care | ||||||
3 | of residents in such facility unless such person has complied
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4 | with this Section.
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5 | (d) Proof of compliance by each employee with the | ||||||
6 | requirements set out
in this Section shall be maintained for | ||||||
7 | each such employee by each facility
in the individual personnel | ||||||
8 | folder of the employee. Proof of training shall be obtained | ||||||
9 | only from the health care worker registry.
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10 | (e) Each facility shall obtain access to the health care | ||||||
11 | worker registry's web application, maintain the employment and | ||||||
12 | demographic information relating to each employee, and verify | ||||||
13 | by the category and type of employment that
each employee | ||||||
14 | subject to this Section meets all the requirements of this
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15 | Section.
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16 | (f) Any facility that is operated under Section 3-803 shall | ||||||
17 | be
exempt
from the requirements of this Section.
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18 | (g) Each skilled nursing and intermediate care facility | ||||||
19 | that
admits
persons who are diagnosed as having Alzheimer's | ||||||
20 | disease or related
dementias shall require all nursing | ||||||
21 | assistants, habilitation aides, or child
care aides, who did | ||||||
22 | not receive 12 hours of training in the care and
treatment of | ||||||
23 | such residents during the training required under paragraph
(5) | ||||||
24 | of subsection (a), to obtain 12 hours of in-house training in | ||||||
25 | the care
and treatment of such residents. If the facility does | ||||||
26 | not provide the
training in-house, the training shall be |
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1 | obtained from other facilities,
community colleges or other | ||||||
2 | educational institutions that have a
recognized course for such | ||||||
3 | training. The Department shall, by rule,
establish a recognized | ||||||
4 | course for such training. The Department's rules shall provide | ||||||
5 | that such
training may be conducted in-house at each facility | ||||||
6 | subject to the
requirements of this subsection, in which case | ||||||
7 | such training shall be
monitored by the Department.
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8 | The Department's rules shall also provide for | ||||||
9 | circumstances and procedures
whereby any person who has | ||||||
10 | received training that meets
the
requirements of this | ||||||
11 | subsection shall not be required to undergo additional
training | ||||||
12 | if he or she is transferred to or obtains employment at a
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13 | different facility or a facility other than a long-term care | ||||||
14 | facility but remains continuously employed for pay as a nursing | ||||||
15 | assistant,
habilitation aide, or child care aide. Individuals
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16 | who have performed no nursing or nursing-related services
for a | ||||||
17 | period of 24 consecutive months shall be listed as "inactive"
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18 | and as such do not meet the requirements of this Section. | ||||||
19 | Licensed sheltered care facilities
shall be
exempt from the | ||||||
20 | requirements of this Section.
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21 | (Source: P.A. 96-1372, eff. 7-29-10.)
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
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