Bill Text: IL HB3061 | 2019-2020 | 101st General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Health Care Worker Background Check Act. Provides that an individual otherwise qualified for and intending to apply for a direct care position who has a disqualifying conviction may initiate a fingerprint-based criminal history record check where a conditional offer of employment has not been made and such a background check has not been previously conducted, and allows those individuals to request a waiver of the prohibition of employment. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2019-11-01 - Total Veto Stands - No Positive Action Taken [HB3061 Detail]

Download: Illinois-2019-HB3061-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3061 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
225 ILCS 46/33
225 ILCS 46/40
Amends the Health Care Worker Background Check Act. Provides that an individual otherwise qualified for and intending to apply for a direct care position who has a disqualifying conviction may initiate a fingerprint-based criminal history record check where a conditional offer of employment has not been made and such a background check has not been previously conducted, and allows those individuals to request a waiver of the prohibition of employment. Effective immediately.
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A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Health Care Worker Background Check Act is
amended by changing Sections 33 and 40 as follows:
(225 ILCS 46/33)
Sec. 33. 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, 2007, and have no
disqualifying convictions or requested and received a waiver of
those disqualifying convictions. These employees shall be
retained on the Health Care Worker Registry as long as they
remain active. Nothing in this subsection (a) shall be
construed to prohibit a health care employer from initiating a
criminal history records check for these employees. Should
these employees seek a new position with a different health
care employer, then a fingerprint-based criminal history
records check shall be required.
(b) On October 1, 2007 or as soon thereafter as is
reasonably practical, in the discretion of the Director of

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Public Health, and thereafter, any student, applicant, or
employee who desires to be included on the Department of Public
Health's Health Care Worker Registry shall authorize the
Department of Public Health or its designee to request a
fingerprint-based criminal history records check to determine
if the individual has a conviction for a disqualifying offense.
This authorization shall allow the Department of Public Health
to request and receive information and assistance from any
State or governmental agency. Each individual shall submit his
or her fingerprints 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
prescribed by the Department of State Police. The fingerprints
submitted under this Section shall be checked against the
fingerprint records now and hereafter filed in the Department
of State Police criminal history record databases. 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. The livescan vendor may act
as the designee for individuals, educational entities, or
health care employers in the collection of Department of State
Police fees and deposit those fees into the State Police
Services Fund. The Department of State Police shall provide
information concerning any criminal convictions, now or
hereafter filed, against the individual.
(c) On October 1, 2007 or as soon thereafter as is

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reasonably practical, in the discretion of the Director of
Public Health, and thereafter, an educational entity, other
than a secondary school, conducting a nurse aide training
program shall initiate a fingerprint-based criminal history
records check required by this Act prior to entry of an
individual into the training program.
(d) On October 1, 2007 or as soon thereafter as is
reasonably practical, in the discretion of the Director of
Public Health, and thereafter, a health care employer who makes
a conditional offer of employment to an applicant for a
position as an employee shall initiate a fingerprint-based
criminal history record check, requested by the Department of
Public Health, on the applicant, if such a background check has
not been previously conducted. An individual otherwise
qualified for and intending to apply for a direct care position
who has a disqualifying conviction may also initiate a
fingerprint-based criminal history record check where a
conditional offer of employment has not been made and such a
background check has not been previously conducted.
(e) When initiating a background check requested by the
Department of Public Health, an educational entity or health
care employer shall electronically submit to the Department of
Public Health the student's, applicant's, or employee's social
security number, demographics, disclosure, and authorization
information in a format prescribed by the Department of Public
Health within 2 working days after the authorization is

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secured. The student, applicant, or employee shall have his or
her fingerprints collected electronically and transmitted to
the Department of State Police within 10 working days. The
educational entity or health care employer shall transmit all
necessary information and fees to the livescan vendor and
Department of State Police within 10 working days after receipt
of the authorization. This information and the results of the
criminal history record checks shall be maintained by the
Department of Public Health's Health Care Worker Registry.
(f) A direct care employer may initiate a fingerprint-based
background check required by this Act for any of its employees,
but may not use this process to initiate background checks for
residents. The results of any fingerprint-based background
check that is initiated with the Department as the requester
shall be entered in the Health Care Worker Registry.
(g) As long as the employee has had a fingerprint-based
criminal history record check required by this Act and stays
active on the Health Care Worker Registry, no further criminal
history record checks are required, as the Department of State
Police shall notify the Department of Public Health of any
additional convictions associated with the fingerprints
previously submitted. Health care employers shall check the
Health Care Worker Registry before hiring an employee to
determine that the individual has had a fingerprint-based
record check required by this Act and has no disqualifying
convictions or has been granted a waiver pursuant to Section 40

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of this Act. If the individual has not had such a background
check or is not active on the Health Care Worker Registry, then
the health care employer shall initiate a fingerprint-based
record check requested by the Department of Public Health. If
an individual is inactive on the Health Care Worker Registry,
that individual is prohibited from being hired to work as a
certified nursing assistant if, since the individual's most
recent completion of a competency test, there has been a period
of 24 consecutive months during which the individual has not
provided nursing or nursing-related services for pay. If the
individual can provide proof of having retained his or her
certification by not having a 24-consecutive-month break in
service for pay, he or she may be hired as a certified nursing
assistant and that employment information shall be entered into
the Health Care Worker Registry.
(h) On October 1, 2007 or as soon thereafter as is
reasonably practical, in the discretion of the Director of
Public Health, and thereafter, if the Department of State
Police notifies the Department of Public Health that an
employee has a new conviction of a disqualifying offense, based
upon the fingerprints that were previously submitted, then (i)
the Health Care Worker Registry shall notify the employee's
last known employer of the offense, (ii) a record of the
employee's disqualifying offense shall be entered on the Health
Care Worker Registry, and (iii) the individual shall no longer
be eligible to work as an employee unless he or she obtains a

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waiver pursuant to Section 40 of this Act.
(i) On October 1, 2007, or as soon thereafter, in the
discretion of the Director of Public Health, as is reasonably
practical, and thereafter, each direct care employer or its
designee shall provide an employment verification for each
employee no less than annually. The direct care employer or its
designee shall log into the Health Care Worker Registry through
a secure login. The health care employer or its designee shall
indicate employment and termination dates within 30 days after
hiring or terminating an employee, as well as the employment
category and type. Failure to comply with this subsection (i)
constitutes a licensing violation. A fine of up to $500 may be
imposed for failure to maintain these records. This information
shall be used by the Department of Public Health to notify the
last known employer of any disqualifying offenses that are
reported by the Department of State Police.
(j) In the event that an applicant or employee has a waiver
for one or more disqualifying offenses pursuant to Section 40
of this Act and he or she is otherwise eligible to work, the
Health Care Worker Registry shall indicate that the applicant
or employee is eligible to work and that additional information
is available on the Health Care Worker Registry. The Health
Care Worker Registry may indicate that the applicant or
employee has received a waiver.
(k) The student, applicant, or employee shall be notified
of each of the following whenever a fingerprint-based criminal

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history records check is required:
(1) That the educational entity, health care employer,
or long-term care facility shall initiate a
fingerprint-based criminal history record check required
by this Act of the student, applicant, or employee.
(2) That the student, applicant, or employee has a
right to obtain a copy of the criminal records report that
indicates a conviction for a disqualifying offense and
challenge the accuracy and completeness of the report
through an established Department of State Police
procedure of Access and Review.
(3) That the applicant, if hired conditionally, may be
terminated if the criminal records report indicates that
the applicant has a record of a conviction of any of the
criminal offenses enumerated in Section 25, unless the
applicant obtains a waiver pursuant to Section 40 of this
Act.
(4) That the applicant, if not hired conditionally,
shall not be hired if the criminal records report indicates
that the applicant has a record of a conviction of any of
the criminal offenses enumerated in Section 25, unless the
applicant obtains a waiver pursuant to Section 40 of this
Act.
(5) That the employee shall be terminated if the
criminal records report indicates that the employee has a
record of a conviction of any of the criminal offenses

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enumerated in Section 25.
(6) If, after the employee has originally been
determined not to have disqualifying offenses, the
employer is notified that the employee has a new
conviction(s) of any of the criminal offenses enumerated in
Section 25, then the employee shall be terminated.
(l) A health care employer or long-term care facility may
conditionally employ an applicant for up to 3 months pending
the results of a fingerprint-based criminal history record
check requested by the Department of Public Health.
(m) The Department of Public Health or an entity
responsible for inspecting, licensing, certifying, or
registering the health care employer or long-term care facility
shall be immune from liability for notices given based on the
results of a fingerprint-based criminal history record check.
(Source: P.A. 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.)
(225 ILCS 46/40)
Sec. 40. Waiver.
(a) Any student, applicant, individual otherwise qualified
for and intending to apply for a direct care position, or
employee listed on the Health Care Worker Registry may request
a waiver of the prohibition against employment by:
(1) completing a waiver application on a form
prescribed by the Department of Public Health;
(2) providing a written explanation of each conviction

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to include (i) what happened, (ii) how many years have
passed since the offense, (iii) the individuals involved,
(iv) the age of the applicant at the time of the offense,
and (v) any other circumstances surrounding the offense;
and
(3) providing official documentation showing that all
fines have been paid, if applicable and except for in the
instance of payment of court-imposed fines or restitution
in which the applicant is adhering to a payment schedule,
and the date probation or parole was satisfactorily
completed, if applicable.
(b) The applicant may, but is not required to, submit
employment and character references and any other evidence
demonstrating the ability of the applicant or employee to
perform the employment responsibilities competently and
evidence that the applicant or employee does not pose a threat
to the health or safety of residents, patients, or clients.
(c) The Department of Public Health may, at the discretion
of the Director of Public Health, grant a waiver to an
applicant, student, or employee listed on the Health Care
Worker Registry. The Department of Public Health shall act upon
the waiver request within 30 days of receipt of all necessary
information, as defined by rule. The Department of Public
Health shall send an applicant, student, or employee written
notification of its decision whether to grant a waiver,
including listing the specific disqualifying offenses for

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which the waiver is being granted or denied. The Department
shall issue additional copies of this written notification upon
the applicant's, student's, or employee's request.
(d) An individual shall not be employed from the time that
the employer receives a notification from the Department of
Public Health based upon the results of a fingerprint-based
criminal history records check containing disqualifying
conditions until the time that the individual receives a
waiver.
(e) The entity responsible for inspecting, licensing,
certifying, or registering the health care employer and the
Department of Public Health shall be immune from liability for
any waivers granted under this Section.
(f) A health care employer is not obligated to employ or
offer permanent employment to an applicant, or to retain an
employee who is granted a waiver under this Section.
(Source: P.A. 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.)
Section 99. Effective date. This Act takes effect upon
becoming law.