Bill Text: IL SB1400 | 2017-2018 | 100th General Assembly | Chaptered

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Bill Title: Amends the Health Care Worker Background Check Act. Requires the Department of Public Health to establish and maintain the Health Care Worker Registry of specified health care workers. Makes corresponding changes in the Nursing Home Care Act, MC/DD Act, and ID/DD Community Care Act, including deleting language requiring the Department to establish and maintain a health care worker registry in each of those Acts. Provides that the information contained in the Health Care Worker Registry shall include information from the registries established under the Nursing Home Care Act, MC/DD Act, and the ID/DD Community Care Act. Specifies that certain prohibitions on health care employers and long-term care facilities retaining individuals applies whether the individual is paid or is a volunteer. Adds specified offenses to a provision that prohibits health care employers and long-term care facilities from hiring a person who has been convicted of certain offenses. Makes other changes. Amends the Department of Human Services Act, Mental Health and Developmental Disabilities Administrative Act, and Mental Health and Developmental Disabilities Confidentiality Act to make conforming and other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0432 [SB1400 Detail]

Download: Illinois-2017-SB1400-Chaptered.html

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Public Act 100-0432
SB1400 Enrolled LRB100 08265 MJP 18366 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Human Services Act is amended
by changing Section 1-17 as follows:
(20 ILCS 1305/1-17)
Sec. 1-17. Inspector General.
(a) Nature and purpose. It is the express intent of the
General Assembly to ensure the health, safety, and financial
condition of individuals receiving services in this State due
to mental illness, developmental disability, or both by
protecting those persons from acts of abuse, neglect, or both
by service providers. To that end, the Office of the Inspector
General for the Department of Human Services is created to
investigate and report upon allegations of the abuse, neglect,
or financial exploitation of individuals receiving services
within mental health facilities, developmental disabilities
facilities, and community agencies operated, licensed, funded
or certified by the Department of Human Services, but not
licensed or certified by any other State agency.
(b) Definitions. The following definitions apply to this
Section:
"Adult student with a disability" means an adult student,

age 18 through 21, inclusive, with an Individual Education
Program, other than a resident of a facility licensed by the
Department of Children and Family Services in accordance with
the Child Care Act of 1969. For purposes of this definition,
"through age 21, inclusive", means through the day before the
student's 22nd birthday.
"Agency" or "community agency" means (i) a community agency
licensed, funded, or certified by the Department, but not
licensed or certified by any other human services agency of the
State, to provide mental health service or developmental
disabilities service, or (ii) a program licensed, funded, or
certified by the Department, but not licensed or certified by
any other human services agency of the State, to provide mental
health service or developmental disabilities service.
"Aggravating circumstance" means a factor that is
attendant to a finding and that tends to compound or increase
the culpability of the accused.
"Allegation" means an assertion, complaint, suspicion, or
incident involving any of the following conduct by an employee,
facility, or agency against an individual or individuals:
mental abuse, physical abuse, sexual abuse, neglect, or
financial exploitation.
"Day" means working day, unless otherwise specified.
"Deflection" means a situation in which an individual is
presented for admission to a facility or agency, and the
facility staff or agency staff do not admit the individual.

"Deflection" includes triage, redirection, and denial of
admission.
"Department" means the Department of Human Services.
"Developmental disability" means "developmental
disability" as defined in the Mental Health and Developmental
Disabilities Code.
"Egregious neglect" means a finding of neglect as
determined by the Inspector General that (i) represents a gross
failure to adequately provide for, or a callused indifference
to, the health, safety, or medical needs of an individual and
(ii) results in an individual's death or other serious
deterioration of an individual's physical condition or mental
condition.
"Employee" means any person who provides services at the
facility or agency on-site or off-site. The service
relationship can be with the individual or with the facility or
agency. Also, "employee" includes any employee or contractual
agent of the Department of Human Services or the community
agency involved in providing or monitoring or administering
mental health or developmental disability services. This
includes but is not limited to: owners, operators, payroll
personnel, contractors, subcontractors, and volunteers.
"Facility" or "State-operated facility" means a mental
health facility or developmental disabilities facility
operated by the Department.
"Financial exploitation" means taking unjust advantage of

an individual's assets, property, or financial resources
through deception, intimidation, or conversion for the
employee's, facility's, or agency's own advantage or benefit.
"Finding" means the Office of Inspector General's
determination regarding whether an allegation is
substantiated, unsubstantiated, or unfounded.
"Health Care Worker Registry" "Health care worker
registry" or "Registry" "registry" means the Health Care Worker
Registry health care worker registry under created by the
Health Care Worker Background Check Act Nursing Home Care Act.
"Individual" means any person receiving mental health
service, developmental disabilities service, or both from a
facility or agency, while either on-site or off-site.
"Mental abuse" means the use of demeaning, intimidating, or
threatening words, signs, gestures, or other actions by an
employee about an individual and in the presence of an
individual or individuals that results in emotional distress or
maladaptive behavior, or could have resulted in emotional
distress or maladaptive behavior, for any individual present.
"Mental illness" means "mental illness" as defined in the
Mental Health and Developmental Disabilities Code.
"Mentally ill" means having a mental illness.
"Mitigating circumstance" means a condition that (i) is
attendant to a finding, (ii) does not excuse or justify the
conduct in question, but (iii) may be considered in evaluating
the severity of the conduct, the culpability of the accused, or

both the severity of the conduct and the culpability of the
accused.
"Neglect" means an employee's, agency's, or facility's
failure to provide adequate medical care, personal care, or
maintenance and that, as a consequence, (i) causes an
individual pain, injury, or emotional distress, (ii) results in
either an individual's maladaptive behavior or the
deterioration of an individual's physical condition or mental
condition, or (iii) places the individual's health or safety at
substantial risk.
"Person with a developmental disability" means a person
having a developmental disability.
"Physical abuse" means an employee's non-accidental and
inappropriate contact with an individual that causes bodily
harm. "Physical abuse" includes actions that cause bodily harm
as a result of an employee directing an individual or person to
physically abuse another individual.
"Recommendation" means an admonition, separate from a
finding, that requires action by the facility, agency, or
Department to correct a systemic issue, problem, or deficiency
identified during an investigation.
"Required reporter" means any employee who suspects,
witnesses, or is informed of an allegation of any one or more
of the following: mental abuse, physical abuse, sexual abuse,
neglect, or financial exploitation.
"Secretary" means the Chief Administrative Officer of the

Department.
"Sexual abuse" means any sexual contact or intimate
physical contact between an employee and an individual,
including an employee's coercion or encouragement of an
individual to engage in sexual behavior that results in sexual
contact, intimate physical contact, sexual behavior, or
intimate physical behavior. Sexual abuse also includes (i) an
employee's actions that result in the sending or showing of
sexually explicit images to an individual via computer,
cellular phone, electronic mail, portable electronic device,
or other media with or without contact with the individual or
(ii) an employee's posting of sexually explicit images of an
individual online or elsewhere whether or not there is contact
with the individual.
"Sexually explicit images" includes, but is not limited to,
any material which depicts nudity, sexual conduct, or
sado-masochistic abuse, or which contains explicit and
detailed verbal descriptions or narrative accounts of sexual
excitement, sexual conduct, or sado-masochistic abuse.
"Substantiated" means there is a preponderance of the
evidence to support the allegation.
"Unfounded" means there is no credible evidence to support
the allegation.
"Unsubstantiated" means there is credible evidence, but
less than a preponderance of evidence to support the
allegation.

(c) Appointment. The Governor shall appoint, and the Senate
shall confirm, an Inspector General. The Inspector General
shall be appointed for a term of 4 years and shall function
within the Department of Human Services and report to the
Secretary and the Governor.
(d) Operation and appropriation. The Inspector General
shall function independently within the Department with
respect to the operations of the Office, including the
performance of investigations and issuance of findings and
recommendations. The appropriation for the Office of Inspector
General shall be separate from the overall appropriation for
the Department.
(e) Powers and duties. The Inspector General shall
investigate reports of suspected mental abuse, physical abuse,
sexual abuse, neglect, or financial exploitation of
individuals in any mental health or developmental disabilities
facility or agency and shall have authority to take immediate
action to prevent any one or more of the following from
happening to individuals under its jurisdiction: mental abuse,
physical abuse, sexual abuse, neglect, or financial
exploitation. Upon written request of an agency of this State,
the Inspector General may assist another agency of the State in
investigating reports of the abuse, neglect, or abuse and
neglect of persons with mental illness, persons with
developmental disabilities, or persons with both. To comply
with the requirements of subsection (k) of this Section, the

Inspector General shall also review all reportable deaths for
which there is no allegation of abuse or neglect. Nothing in
this Section shall preempt any duties of the Medical Review
Board set forth in the Mental Health and Developmental
Disabilities Code. The Inspector General shall have no
authority to investigate alleged violations of the State
Officials and Employees Ethics Act. Allegations of misconduct
under the State Officials and Employees Ethics Act shall be
referred to the Office of the Governor's Executive Inspector
General for investigation.
(f) Limitations. The Inspector General shall not conduct an
investigation within an agency or facility if that
investigation would be redundant to or interfere with an
investigation conducted by another State agency. The Inspector
General shall have no supervision over, or involvement in, the
routine programmatic, licensing, funding, or certification
operations of the Department. Nothing in this subsection limits
investigations by the Department that may otherwise be required
by law or that may be necessary in the Department's capacity as
central administrative authority responsible for the operation
of the State's mental health and developmental disabilities
facilities.
(g) Rulemaking authority. The Inspector General shall
promulgate rules establishing minimum requirements for
reporting allegations as well as for initiating, conducting,
and completing investigations based upon the nature of the

allegation or allegations. The rules shall clearly establish
that if 2 or more State agencies could investigate an
allegation, the Inspector General shall not conduct an
investigation that would be redundant to, or interfere with, an
investigation conducted by another State agency. The rules
shall further clarify the method and circumstances under which
the Office of Inspector General may interact with the
licensing, funding, or certification units of the Department in
preventing further occurrences of mental abuse, physical
abuse, sexual abuse, neglect, egregious neglect, and financial
exploitation.
(h) Training programs. The Inspector General shall (i)
establish a comprehensive program to ensure that every person
authorized to conduct investigations receives ongoing training
relative to investigation techniques, communication skills,
and the appropriate means of interacting with persons receiving
treatment for mental illness, developmental disability, or
both mental illness and developmental disability, and (ii)
establish and conduct periodic training programs for facility
and agency employees concerning the prevention and reporting of
any one or more of the following: mental abuse, physical abuse,
sexual abuse, neglect, egregious neglect, or financial
exploitation. Nothing in this Section shall be deemed to
prevent the Office of Inspector General from conducting any
other training as determined by the Inspector General to be
necessary or helpful.

(i) Duty to cooperate.
(1) The Inspector General shall at all times be granted
access to any facility or agency for the purpose of
investigating any allegation, conducting unannounced site
visits, monitoring compliance with a written response, or
completing any other statutorily assigned duty. The
Inspector General shall conduct unannounced site visits to
each facility at least annually for the purpose of
reviewing and making recommendations on systemic issues
relative to preventing, reporting, investigating, and
responding to all of the following: mental abuse, physical
abuse, sexual abuse, neglect, egregious neglect, or
financial exploitation.
(2) Any employee who fails to cooperate with an Office
of the Inspector General investigation is in violation of
this Act. Failure to cooperate with an investigation
includes, but is not limited to, any one or more of the
following: (i) creating and transmitting a false report to
the Office of the Inspector General hotline, (ii) providing
false information to an Office of the Inspector General
Investigator during an investigation, (iii) colluding with
other employees to cover up evidence, (iv) colluding with
other employees to provide false information to an Office
of the Inspector General investigator, (v) destroying
evidence, (vi) withholding evidence, or (vii) otherwise
obstructing an Office of the Inspector General

investigation. Additionally, any employee who, during an
unannounced site visit or written response compliance
check, fails to cooperate with requests from the Office of
the Inspector General is in violation of this Act.
(j) Subpoena powers. The Inspector General shall have the
power to subpoena witnesses and compel the production of all
documents and physical evidence relating to his or her
investigations and any hearings authorized by this Act. This
subpoena power shall not extend to persons or documents of a
labor organization or its representatives insofar as the
persons are acting in a representative capacity to an employee
whose conduct is the subject of an investigation or the
documents relate to that representation. Any person who
otherwise fails to respond to a subpoena or who knowingly
provides false information to the Office of the Inspector
General by subpoena during an investigation is guilty of a
Class A misdemeanor.
(k) Reporting allegations and deaths.
(1) Allegations. If an employee witnesses, is told of,
or has reason to believe an incident of mental abuse,
physical abuse, sexual abuse, neglect, or financial
exploitation has occurred, the employee, agency, or
facility shall report the allegation by phone to the Office
of the Inspector General hotline according to the agency's
or facility's procedures, but in no event later than 4
hours after the initial discovery of the incident,

allegation, or suspicion of any one or more of the
following: mental abuse, physical abuse, sexual abuse,
neglect, or financial exploitation. A required reporter as
defined in subsection (b) of this Section who knowingly or
intentionally fails to comply with these reporting
requirements is guilty of a Class A misdemeanor.
(2) Deaths. Absent an allegation, a required reporter
shall, within 24 hours after initial discovery, report by
phone to the Office of the Inspector General hotline each
of the following:
(i) Any death of an individual occurring within 14
calendar days after discharge or transfer of the
individual from a residential program or facility.
(ii) Any death of an individual occurring within 24
hours after deflection from a residential program or
facility.
(iii) Any other death of an individual occurring at
an agency or facility or at any Department-funded site.
(3) Retaliation. It is a violation of this Act for any
employee or administrator of an agency or facility to take
retaliatory action against an employee who acts in good
faith in conformance with his or her duties as a required
reporter.
(l) Reporting to law enforcement.
(1) Reporting criminal acts. Within 24 hours after
determining that there is credible evidence indicating

that a criminal act may have been committed or that special
expertise may be required in an investigation, the
Inspector General shall notify the Department of State
Police or other appropriate law enforcement authority, or
ensure that such notification is made. The Department of
State Police shall investigate any report from a
State-operated facility indicating a possible murder,
sexual assault, or other felony by an employee. All
investigations conducted by the Inspector General shall be
conducted in a manner designed to ensure the preservation
of evidence for possible use in a criminal prosecution.
(2) Reporting allegations of adult students with
disabilities. Upon receipt of a reportable allegation
regarding an adult student with a disability, the
Department's Office of the Inspector General shall
determine whether the allegation meets the criteria for the
Domestic Abuse Program under the Abuse of Adults with
Disabilities Intervention Act. If the allegation is
reportable to that program, the Office of the Inspector
General shall initiate an investigation. If the allegation
is not reportable to the Domestic Abuse Program, the Office
of the Inspector General shall make an expeditious referral
to the respective law enforcement entity. If the alleged
victim is already receiving services from the Department,
the Office of the Inspector General shall also make a
referral to the respective Department of Human Services'

Division or Bureau.
(m) Investigative reports. Upon completion of an
investigation, the Office of Inspector General shall issue an
investigative report identifying whether the allegations are
substantiated, unsubstantiated, or unfounded. Within 10
business days after the transmittal of a completed
investigative report substantiating an allegation, or if a
recommendation is made, the Inspector General shall provide the
investigative report on the case to the Secretary and to the
director of the facility or agency where any one or more of the
following occurred: mental abuse, physical abuse, sexual
abuse, neglect, egregious neglect, or financial exploitation.
In a substantiated case, the investigative report shall include
any mitigating or aggravating circumstances that were
identified during the investigation. If the case involves
substantiated neglect, the investigative report shall also
state whether egregious neglect was found. An investigative
report may also set forth recommendations. All investigative
reports prepared by the Office of the Inspector General shall
be considered confidential and shall not be released except as
provided by the law of this State or as required under
applicable federal law. Unsubstantiated and unfounded reports
shall not be disclosed except as allowed under Section 6 of the
Abused and Neglected Long Term Care Facility Residents
Reporting Act. Raw data used to compile the investigative
report shall not be subject to release unless required by law

or a court order. "Raw data used to compile the investigative
report" includes, but is not limited to, any one or more of the
following: the initial complaint, witness statements,
photographs, investigator's notes, police reports, or incident
reports. If the allegations are substantiated, the accused
shall be provided with a redacted copy of the investigative
report. Death reports where there was no allegation of abuse or
neglect shall only be released pursuant to applicable State or
federal law or a valid court order.
(n) Written responses and reconsideration requests.
(1) Written responses. Within 30 calendar days from
receipt of a substantiated investigative report or an
investigative report which contains recommendations,
absent a reconsideration request, the facility or agency
shall file a written response that addresses, in a concise
and reasoned manner, the actions taken to: (i) protect the
individual; (ii) prevent recurrences; and (iii) eliminate
the problems identified. The response shall include the
implementation and completion dates of such actions. If the
written response is not filed within the allotted 30
calendar day period, the Secretary shall determine the
appropriate corrective action to be taken.
(2) Reconsideration requests. The facility, agency,
victim or guardian, or the subject employee may request
that the Office of Inspector General reconsider or clarify
its finding based upon additional information.

(o) Disclosure of the finding by the Inspector General. The
Inspector General shall disclose the finding of an
investigation to the following persons: (i) the Governor, (ii)
the Secretary, (iii) the director of the facility or agency,
(iv) the alleged victims and their guardians, (v) the
complainant, and (vi) the accused. This information shall
include whether the allegations were deemed substantiated,
unsubstantiated, or unfounded.
(p) Secretary review. Upon review of the Inspector
General's investigative report and any agency's or facility's
written response, the Secretary shall accept or reject the
written response and notify the Inspector General of that
determination. The Secretary may further direct that other
administrative action be taken, including, but not limited to,
any one or more of the following: (i) additional site visits,
(ii) training, (iii) provision of technical assistance
relative to administrative needs, licensure or certification,
or (iv) the imposition of appropriate sanctions.
(q) Action by facility or agency. Within 30 days of the
date the Secretary approves the written response or directs
that further administrative action be taken, the facility or
agency shall provide an implementation report to the Inspector
General that provides the status of the action taken. The
facility or agency shall be allowed an additional 30 days to
send notice of completion of the action or to send an updated
implementation report. If the action has not been completed

within the additional 30 day period, the facility or agency
shall send updated implementation reports every 60 days until
completion. The Inspector General shall conduct a review of any
implementation plan that takes more than 120 days after
approval to complete, and shall monitor compliance through a
random review of approved written responses, which may include,
but are not limited to: (i) site visits, (ii) telephone
contact, and (iii) requests for additional documentation
evidencing compliance.
(r) Sanctions. Sanctions, if imposed by the Secretary under
Subdivision (p)(iv) of this Section, shall be designed to
prevent further acts of mental abuse, physical abuse, sexual
abuse, neglect, egregious neglect, or financial exploitation
or some combination of one or more of those acts at a facility
or agency, and may include any one or more of the following:
(1) Appointment of on-site monitors.
(2) Transfer or relocation of an individual or
individuals.
(3) Closure of units.
(4) Termination of any one or more of the following:
(i) Department licensing, (ii) funding, or (iii)
certification.
The Inspector General may seek the assistance of the
Illinois Attorney General or the office of any State's Attorney
in implementing sanctions.
(s) Health Care Worker Registry care worker registry.

(1) Reporting to the Registry registry. The Inspector
General shall report to the Department of Public Health's
Health Care Worker Registry health care worker registry, a
public registry, the identity and finding of each employee
of a facility or agency against whom there is a final
investigative report containing a substantiated allegation
of physical or sexual abuse, financial exploitation, or
egregious neglect of an individual.
(2) Notice to employee. Prior to reporting the name of
an employee, the employee shall be notified of the
Department's obligation to report and shall be granted an
opportunity to request an administrative hearing, the sole
purpose of which is to determine if the substantiated
finding warrants reporting to the Registry registry.
Notice to the employee shall contain a clear and concise
statement of the grounds on which the report to the
Registry registry is based, offer the employee an
opportunity for a hearing, and identify the process for
requesting such a hearing. Notice is sufficient if provided
by certified mail to the employee's last known address. If
the employee fails to request a hearing within 30 days from
the date of the notice, the Inspector General shall report
the name of the employee to the Registry registry. Nothing
in this subdivision (s)(2) shall diminish or impair the
rights of a person who is a member of a collective
bargaining unit under the Illinois Public Labor Relations

Act or under any other federal labor statute.
(3) Registry hearings. If the employee requests an
administrative hearing, the employee shall be granted an
opportunity to appear before an administrative law judge to
present reasons why the employee's name should not be
reported to the Registry registry. The Department shall
bear the burden of presenting evidence that establishes, by
a preponderance of the evidence, that the substantiated
finding warrants reporting to the Registry registry. After
considering all the evidence presented, the administrative
law judge shall make a recommendation to the Secretary as
to whether the substantiated finding warrants reporting
the name of the employee to the Registry registry. The
Secretary shall render the final decision. The Department
and the employee shall have the right to request that the
administrative law judge consider a stipulated disposition
of these proceedings.
(4) Testimony at Registry registry hearings. A person
who makes a report or who investigates a report under this
Act shall testify fully in any judicial proceeding
resulting from such a report, as to any evidence of abuse
or neglect, or the cause thereof. No evidence shall be
excluded by reason of any common law or statutory privilege
relating to communications between the alleged perpetrator
of abuse or neglect, or the individual alleged as the
victim in the report, and the person making or

investigating the report. Testimony at hearings is exempt
from the confidentiality requirements of subsection (f) of
Section 10 of the Mental Health and Developmental
Disabilities Confidentiality Act.
(5) Employee's rights to collateral action. No
reporting to the Registry registry shall occur and no
hearing shall be set or proceed if an employee notifies the
Inspector General in writing, including any supporting
documentation, that he or she is formally contesting an
adverse employment action resulting from a substantiated
finding by complaint filed with the Illinois Civil Service
Commission, or which otherwise seeks to enforce the
employee's rights pursuant to any applicable collective
bargaining agreement. If an action taken by an employer
against an employee as a result of a finding of physical
abuse, sexual abuse, or egregious neglect is overturned
through an action filed with the Illinois Civil Service
Commission or under any applicable collective bargaining
agreement and if that employee's name has already been sent
to the Registry registry, the employee's name shall be
removed from the Registry registry.
(6) Removal from Registry registry. At any time after
the report to the Registry registry, but no more than once
in any 12-month period, an employee may petition the
Department in writing to remove his or her name from the
Registry registry. Upon receiving notice of such request,

the Inspector General shall conduct an investigation into
the petition. Upon receipt of such request, an
administrative hearing will be set by the Department. At
the hearing, the employee shall bear the burden of
presenting evidence that establishes, by a preponderance
of the evidence, that removal of the name from the Registry
registry is in the public interest. The parties may jointly
request that the administrative law judge consider a
stipulated disposition of these proceedings.
(t) Review of Administrative Decisions. The Department
shall preserve a record of all proceedings at any formal
hearing conducted by the Department involving Health Care
Worker Registry health care worker registry hearings. Final
administrative decisions of the Department are subject to
judicial review pursuant to provisions of the Administrative
Review Law.
(u) Quality Care Board. There is created, within the Office
of the Inspector General, a Quality Care Board to be composed
of 7 members appointed by the Governor with the advice and
consent of the Senate. One of the members shall be designated
as chairman by the Governor. Of the initial appointments made
by the Governor, 4 Board members shall each be appointed for a
term of 4 years and 3 members shall each be appointed for a
term of 2 years. Upon the expiration of each member's term, a
successor shall be appointed for a term of 4 years. In the case
of a vacancy in the office of any member, the Governor shall

appoint a successor for the remainder of the unexpired term.
Members appointed by the Governor shall be qualified by
professional knowledge or experience in the area of law,
investigatory techniques, or in the area of care of the
mentally ill or care of persons with developmental
disabilities. Two members appointed by the Governor shall be
persons with a disability or a parent of a person with a
disability. Members shall serve without compensation, but
shall be reimbursed for expenses incurred in connection with
the performance of their duties as members.
The Board shall meet quarterly, and may hold other meetings
on the call of the chairman. Four members shall constitute a
quorum allowing the Board to conduct its business. The Board
may adopt rules and regulations it deems necessary to govern
its own procedures.
The Board shall monitor and oversee the operations,
policies, and procedures of the Inspector General to ensure the
prompt and thorough investigation of allegations of neglect and
abuse. In fulfilling these responsibilities, the Board may do
the following:
(1) Provide independent, expert consultation to the
Inspector General on policies and protocols for
investigations of alleged abuse, neglect, or both abuse and
neglect.
(2) Review existing regulations relating to the
operation of facilities.

(3) Advise the Inspector General as to the content of
training activities authorized under this Section.
(4) Recommend policies concerning methods for
improving the intergovernmental relationships between the
Office of the Inspector General and other State or federal
offices.
(v) Annual report. The Inspector General shall provide to
the General Assembly and the Governor, no later than January 1
of each year, a summary of reports and investigations made
under this Act for the prior fiscal year with respect to
individuals receiving mental health or developmental
disabilities services. The report shall detail the imposition
of sanctions, if any, and the final disposition of any
corrective or administrative action directed by the Secretary.
The summaries shall not contain any confidential or identifying
information of any individual, but shall include objective data
identifying any trends in the number of reported allegations,
the timeliness of the Office of the Inspector General's
investigations, and their disposition, for each facility and
Department-wide, for the most recent 3-year time period. The
report shall also identify, by facility, the staff-to-patient
ratios taking account of direct care staff only. The report
shall also include detailed recommended administrative actions
and matters for consideration by the General Assembly.
(w) Program audit. The Auditor General shall conduct a
program audit of the Office of the Inspector General on an

as-needed basis, as determined by the Auditor General. The
audit shall specifically include the Inspector General's
compliance with the Act and effectiveness in investigating
reports of allegations occurring in any facility or agency. The
Auditor General shall conduct the program audit according to
the provisions of the Illinois State Auditing Act and shall
report its findings to the General Assembly no later than
January 1 following the audit period.
(x) Nothing in this Section shall be construed to mean that
an individual a patient is a victim of abuse or neglect because
of health care services appropriately provided or not provided
by health care professionals.
(y) Nothing in this Section shall require a facility,
including its employees, agents, medical staff members, and
health care professionals, to provide a service to an
individual a patient in contravention of that individual's
patient's stated or implied objection to the provision of that
service on the ground that that service conflicts with the
individual's patient's religious beliefs or practices, nor
shall the failure to provide a service to an individual a
patient be considered abuse under this Section if the
individual patient has objected to the provision of that
service based on his or her religious beliefs or practices.
(Source: P.A. 98-49, eff. 7-1-13; 98-711, eff. 7-16-14; 99-143,
eff. 7-27-15; 99-323, eff. 8-7-15; 99-642, eff. 7-28-16.)

Section 10. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing Section
7.3 as follows:
(20 ILCS 1705/7.3)
Sec. 7.3. Health Care Worker Registry care worker registry;
finding of abuse or neglect. The Department shall require that
no facility, service agency, or support agency providing mental
health or developmental disability services that is licensed,
certified, operated, or funded by the Department shall employ a
person, in any capacity, who is identified by the Health Care
Worker Registry health care worker registry as having been
subject of a substantiated finding of abuse or neglect of a
service recipient. Any owner or operator of a community agency
who is identified by the Health Care Worker Registry health
care worker registry as having been the subject of a
substantiated finding of abuse or neglect of a service
recipient is prohibited from any involvement in any capacity
with the provision of Department funded mental health or
developmental disability services. The Department shall
establish and maintain the rules that are necessary or
appropriate to effectuate the intent of this Section. The
provisions of this Section shall not apply to any facility,
service agency, or support agency licensed or certified by a
State agency other than the Department, unless operated by the
Department of Human Services.

(Source: P.A. 94-934, eff. 6-26-06; 95-545, eff. 8-28-07.)
Section 15. The Nursing Home Care Act is amended by
changing Sections 3-206 and 3-206.01 as follows:
(210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206)
Sec. 3-206. The Department shall prescribe a curriculum for
training nursing assistants, habilitation aides, and child
care aides.
(a) No person, except a volunteer who receives no
compensation from a facility and is not included for the
purpose of meeting any staffing requirements set forth by the
Department, shall act as a nursing assistant, habilitation
aide, or child care aide in a facility, nor shall any person,
under any other title, not licensed, certified, or registered
to render medical care by the Department of Professional
Regulation, assist with the personal, medical, or nursing care
of residents in a facility, unless such person meets the
following requirements:
(1) Be at least 16 years of age, of temperate habits
and good moral character, honest, reliable and
trustworthy.
(2) Be able to speak and understand the English
language or a language understood by a substantial
percentage of the facility's residents.
(3) Provide evidence of employment or occupation, if

any, and residence for 2 years prior to his present
employment.
(4) Have completed at least 8 years of grade school or
provide proof of equivalent knowledge.
(5) Begin a current course of training for nursing
assistants, habilitation aides, or child care aides,
approved by the Department, within 45 days of initial
employment in the capacity of a nursing assistant,
habilitation aide, or child care aide at any facility. Such
courses of training shall be successfully completed within
120 days of initial employment in the capacity of nursing
assistant, habilitation aide, or child care aide at a
facility. Nursing assistants, habilitation aides, and
child care aides who are enrolled in approved courses in
community colleges or other educational institutions on a
term, semester or trimester basis, shall be exempt from the
120 day completion time limit. The Department shall adopt
rules for such courses of training. These rules shall
include procedures for facilities to carry on an approved
course of training within the facility.
The Department may accept comparable training in lieu
of the 120 hour course for student nurses, foreign nurses,
military personnel, or employes of the Department of Human
Services.
The facility shall develop and implement procedures,
which shall be approved by the Department, for an ongoing

review process, which shall take place within the facility,
for nursing assistants, habilitation aides, and child care
aides.
At the time of each regularly scheduled licensure
survey, or at the time of a complaint investigation, the
Department may require any nursing assistant, habilitation
aide, or child care aide to demonstrate, either through
written examination or action, or both, sufficient
knowledge in all areas of required training. If such
knowledge is inadequate the Department shall require the
nursing assistant, habilitation aide, or child care aide to
complete inservice training and review in the facility
until the nursing assistant, habilitation aide, or child
care aide demonstrates to the Department, either through
written examination or action, or both, sufficient
knowledge in all areas of required training.
(6) Be familiar with and have general skills related to
resident care.
(a-0.5) An educational entity, other than a secondary
school, conducting a nursing assistant, habilitation aide, or
child care aide training program shall initiate a criminal
history record check in accordance with the Health Care Worker
Background Check Act prior to entry of an individual into the
training program. A secondary school may initiate a criminal
history record check in accordance with the Health Care Worker
Background Check Act at any time during or after a training

program.
(a-1) Nursing assistants, habilitation aides, or child
care aides seeking to be included on the Health Care Worker
Registry under the Health Care Worker Background Check Act
registry maintained under Section 3-206.01 on or after January
1, 1996 must authorize the Department of Public Health or its
designee to request a criminal history record check in
accordance with the Health Care Worker Background Check Act and
submit all necessary information. An individual may not newly
be included on the Health Care Worker Registry registry unless
a criminal history record check has been conducted with respect
to the individual.
(b) Persons subject to this Section shall perform their
duties under the supervision of a licensed nurse.
(c) It is unlawful for any facility to employ any person in
the capacity of nursing assistant, habilitation aide, or child
care aide, or under any other title, not licensed by the State
of Illinois to assist in the personal, medical, or nursing care
of residents in such facility unless such person has complied
with this Section.
(d) Proof of compliance by each employee with the
requirements set out in this Section shall be maintained for
each such employee by each facility in the individual personnel
folder of the employee. Proof of training shall be obtained
only from the Health Care Worker Registry health care worker
registry.

(e) Each facility shall obtain access to the Health Care
Worker Registry's health care worker registry's web
application, maintain the employment and demographic
information relating to each employee, and verify by the
category and type of employment that each employee subject to
this Section meets all the requirements of this Section.
(f) Any facility that is operated under Section 3-803 shall
be exempt from the requirements of this Section.
(g) Each skilled nursing and intermediate care facility
that admits persons who are diagnosed as having Alzheimer's
disease or related dementias shall require all nursing
assistants, habilitation aides, or child care aides, who did
not receive 12 hours of training in the care and treatment of
such residents during the training required under paragraph (5)
of subsection (a), to obtain 12 hours of in-house training in
the care and treatment of such residents. If the facility does
not provide the training in-house, the training shall be
obtained from other facilities, community colleges or other
educational institutions that have a recognized course for such
training. The Department shall, by rule, establish a recognized
course for such training. The Department's rules shall provide
that such training may be conducted in-house at each facility
subject to the requirements of this subsection, in which case
such training shall be monitored by the Department.
The Department's rules shall also provide for
circumstances and procedures whereby any person who has

received training that meets the requirements of this
subsection shall not be required to undergo additional training
if he or she is transferred to or obtains employment at a
different facility or a facility other than a long-term care
facility but remains continuously employed for pay as a nursing
assistant, habilitation aide, or child care aide. Individuals
who have performed no nursing or nursing-related services for a
period of 24 consecutive months shall be listed as "inactive"
and as such do not meet the requirements of this Section.
Licensed sheltered care facilities shall be exempt from the
requirements of this Section.
(Source: P.A. 96-1372, eff. 7-29-10.)
(210 ILCS 45/3-206.01) (from Ch. 111 1/2, par. 4153-206.01)
Sec. 3-206.01. Health Care Worker Registry care worker
registry.
(a) The Department shall establish and maintain a Health
Care Worker Registry accessible by health care employers, as
defined in the Health Care Worker Background Check Act, that
includes background check and training information of all
individuals who (i) have satisfactorily completed the training
required by Section 3-206, (ii) have begun a current course of
training as set forth in Section 3-206, or (iii) are otherwise
acting as a nursing assistant, habilitation aide, home health
aide, psychiatric services rehabilitation aide, or child care
aide. Any individual placed on the registry is required to

inform the Department of any change of address within 30 days.
A facility shall not employ an individual as a nursing
assistant, habilitation aide, home health aide, psychiatric
services rehabilitation aide, or child care aide, or newly
hired as an individual who may have access to a resident, a
resident's living quarters, or a resident's personal,
financial, or medical records, unless the facility has inquired
of the Department's Health Care Worker Registry and the
individual is listed on the Health Care Worker Registry as
eligible to work for a health care employer health care worker
registry as to information in the registry concerning the
individual. The facility shall not employ an individual as a
nursing assistant, habilitation aide, or child care aide if
that individual is not on the Health Care Worker Registry
registry unless the individual is enrolled in a training
program under paragraph (5) of subsection (a) of Section 3-206
of this Act. The Department may also maintain a publicly
accessible registry.
(a-5) The Health Care Worker Registry registry maintained
by the Department exclusive to health care employers, as
defined in the Health Care Worker Background Check Act, shall
clearly indicate whether an applicant or employee is eligible
for employment and shall include the following:
(1) information about the individual, including the
individual's name, his or her current address, Social
Security number, the date and location of the training

course completed by the individual, whether the individual
has any of the disqualifying convictions listed in Section
25 of the Health Care Worker Background Check Act from the
date of the individual's last criminal record check,
whether the individual has a waiver pending under Section
40 of the Health Care Worker Background Check Act, and
whether the individual has received a waiver under Section
40 of that Act;
(2) the following language:
"A waiver granted by the Department of Public
Health is a determination that the applicant or
employee is eligible to work in a health care facility.
The Equal Employment Opportunity Commission provides
guidance about federal law regarding hiring of
individuals with criminal records."; and
(3) a link to Equal Employment Opportunity Commission
guidance regarding hiring of individuals with criminal
records.
(a-10) After January 1, 2017, the publicly accessible
registry maintained by the Department shall report that an
individual is ineligible to work if he or she has a
disqualifying offense under Section 25 of the Health Care
Worker Background Check Act and has not received a waiver under
Section 40 of that Act. If an applicant or employee has
received a waiver for one or more disqualifying offenses under
Section 40 of the Health Care Worker Background Check Act and

he or she is otherwise eligible to work, the Department of
Public Health shall report on the public registry that the
applicant or employee is eligible to work. The Department,
however, shall not report information regarding the waiver on
the public registry.
(a-15) (Blank). If the Department finds that a nursing
assistant, habilitation aide, home health aide, psychiatric
services rehabilitation aide, or child care aide, or an
unlicensed individual, has abused or neglected a resident or an
individual under his or her care or misappropriated property of
a resident or an individual under his or her care, the
Department shall notify the individual of this finding by
certified mail sent to the address contained in the registry.
The notice shall give the individual an opportunity to contest
the finding in a hearing before the Department or to submit a
written response to the findings in lieu of requesting a
hearing. If, after a hearing or if the individual does not
request a hearing, the Department finds that the individual
abused a resident, neglected a resident, or misappropriated
resident property in a facility, the finding shall be included
as part of the registry as well as a clear and accurate summary
from the individual, if he or she chooses to make such a
statement. The Department shall make the following information
in the registry available to the public: an individual's full
name; the date an individual successfully completed a nurse
aide training or competency evaluation; and whether the

Department has made a finding that an individual has been
guilty of abuse or neglect of a resident or misappropriation of
resident property. In the case of inquiries to the registry
concerning an individual listed in the registry, any
information disclosed concerning such a finding shall also
include disclosure of the individual's statement in the
registry relating to the finding or a clear and accurate
summary of the statement.
(b) (Blank). The Department shall add to the health care
worker registry records of findings as reported by the
Inspector General or remove from the health care worker
registry records of findings as reported by the Department of
Human Services, under subsection (s) of Section 1-17 of the
Department of Human Services Act.
(Source: P.A. 99-78, eff. 7-20-15; 99-872, eff. 1-1-17.)
(210 ILCS 45/3-206.02 rep.)
Section 20. The Nursing Home Care Act is amended by
repealing Section 3-206.02.
Section 25. The MC/DD Act is amended by changing Sections
3-206 and 3-206.01 as follows:
(210 ILCS 46/3-206)
Sec. 3-206. Curriculum for training nursing assistants and
aides. The Department shall prescribe a curriculum for training

nursing assistants, habilitation aides, and child care aides.
(a) No person, except a volunteer who receives no
compensation from a facility and is not included for the
purpose of meeting any staffing requirements set forth by the
Department, shall act as a nursing assistant, habilitation
aide, or child care aide in a facility, nor shall any person,
under any other title, not licensed, certified, or registered
to render medical care by the Department of Financial and
Professional Regulation, assist with the personal, medical, or
nursing care of residents in a facility, unless such person
meets the following requirements:
(1) Be at least 16 years of age, of temperate habits
and good moral character, honest, reliable and
trustworthy.
(2) Be able to speak and understand the English
language or a language understood by a substantial
percentage of the facility's residents.
(3) Provide evidence of employment or occupation, if
any, and residence for 2 years prior to his or her present
employment.
(4) Have completed at least 8 years of grade school or
provide proof of equivalent knowledge.
(5) Begin a current course of training for nursing
assistants, habilitation aides, or child care aides,
approved by the Department, within 45 days of initial
employment in the capacity of a nursing assistant,

habilitation aide, or child care aide at any facility. Such
courses of training shall be successfully completed within
120 days of initial employment in the capacity of nursing
assistant, habilitation aide, or child care aide at a
facility. Nursing assistants, habilitation aides, and
child care aides who are enrolled in approved courses in
community colleges or other educational institutions on a
term, semester or trimester basis, shall be exempt from the
120-day completion time limit. The Department shall adopt
rules for such courses of training. These rules shall
include procedures for facilities to carry on an approved
course of training within the facility.
The Department may accept comparable training in lieu
of the 120-hour course for student nurses, foreign nurses,
military personnel, or employees of the Department of Human
Services.
The facility shall develop and implement procedures,
which shall be approved by the Department, for an ongoing
review process, which shall take place within the facility,
for nursing assistants, habilitation aides, and child care
aides.
At the time of each regularly scheduled licensure
survey, or at the time of a complaint investigation, the
Department may require any nursing assistant, habilitation
aide, or child care aide to demonstrate, either through
written examination or action, or both, sufficient

knowledge in all areas of required training. If such
knowledge is inadequate the Department shall require the
nursing assistant, habilitation aide, or child care aide to
complete inservice training and review in the facility
until the nursing assistant, habilitation aide, or child
care aide demonstrates to the Department, either through
written examination or action, or both, sufficient
knowledge in all areas of required training; and
(6) Be familiar with and have general skills related to
resident care.
(a-0.5) An educational entity, other than a secondary
school, conducting a nursing assistant, habilitation aide, or
child care aide training program shall initiate a criminal
history record check in accordance with the Health Care Worker
Background Check Act prior to entry of an individual into the
training program. A secondary school may initiate a criminal
history record check in accordance with the Health Care Worker
Background Check Act at any time during or after a training
program.
(a-1) Nursing assistants, habilitation aides, or child
care aides seeking to be included on the Health Care Worker
Registry under the Health Care Worker Background Check Act
registry maintained under Section 3-206.01 of this Act must
authorize the Department of Public Health or its designee to
request a criminal history record check in accordance with the
Health Care Worker Background Check Act and submit all

necessary information. An individual may not newly be included
on the Health Care Worker Registry registry unless a criminal
history record check has been conducted with respect to the
individual.
(b) Persons subject to this Section shall perform their
duties under the supervision of a licensed nurse or other
appropriately trained, licensed, or certified personnel.
(c) It is unlawful for any facility to employ any person in
the capacity of nursing assistant, habilitation aide, or child
care aide, or under any other title, not licensed by the State
of Illinois to assist in the personal, medical, or nursing care
of residents in such facility unless such person has complied
with this Section.
(d) Proof of compliance by each employee with the
requirements set out in this Section shall be maintained for
each such employee by each facility in the individual personnel
folder of the employee. Proof of training shall be obtained
only from the Health Care Worker Registry health care worker
registry.
(e) Each facility shall obtain access to the Health Care
Worker Registry's health care worker registry's web
application, maintain the employment and demographic
information relating to each employee, and verify by the
category and type of employment that each employee subject to
this Section meets all the requirements of this Section.
(f) Any facility that is operated under Section 3-803 shall

be exempt from the requirements of this Section.
(g) Each skilled nursing and intermediate care facility
that admits persons who are diagnosed as having Alzheimer's
disease or related dementias shall require all nursing
assistants, habilitation aides, or child care aides, who did
not receive 12 hours of training in the care and treatment of
such residents during the training required under paragraph (5)
of subsection (a), to obtain 12 hours of in house training in
the care and treatment of such residents. If the facility does
not provide the training in house, the training shall be
obtained from other facilities, community colleges or other
educational institutions that have a recognized course for such
training. The Department shall, by rule, establish a recognized
course for such training.
The Department's rules shall provide that such training may
be conducted in house at each facility subject to the
requirements of this subsection, in which case such training
shall be monitored by the Department. The Department's rules
shall also provide for circumstances and procedures whereby any
person who has received training that meets the requirements of
this subsection shall not be required to undergo additional
training if he or she is transferred to or obtains employment
at a different facility or a facility other than those licensed
under this Act but remains continuously employed as a nursing
assistant, habilitation aide, or child care aide. Individuals
who have performed no nursing, nursing-related services, or

habilitation services for a period of 24 consecutive months
shall be listed as inactive and as such do not meet the
requirements of this Section. Licensed sheltered care
facilities shall be exempt from the requirements of this
Section.
(Source: P.A. 99-180, eff. 7-29-15.)
(210 ILCS 46/3-206.01)
Sec. 3-206.01. Health Care Worker Registry care worker
registry.
(a) The Department shall establish and maintain a registry
of all individuals who (i) have satisfactorily completed the
training required by Section 3-206, (ii) have begun a current
course of training as set forth in Section 3-206, or (iii) are
otherwise acting as a nursing assistant, habilitation aide,
home health aide, or child care aide. The registry shall
include the individual's name, his or her current address,
Social Security number, and whether the individual has any of
the disqualifying convictions listed in Section 25 of the
Health Care Worker Background Check Act from the date and
location of the training course completed by the individual,
and the date of the individual's last criminal records check.
Any individual placed on the registry is required to inform the
Department of any change of address within 30 days. A facility
shall not employ an individual as a nursing assistant,
habilitation aide, home health aide, or child care aide, or

newly hired as an individual who may have access to a resident,
a resident's living quarters, or a resident's personal,
financial, or medical records, unless the facility has checked
inquired of the Department's Health Care Worker Registry and
the individual is listed on the Health Care Worker Registry as
eligible to work for a health care employer health care worker
registry as to information in the registry concerning the
individual. The facility shall not employ an individual as a
nursing assistant, habilitation aide, or child care aide if
that individual is not on the Health Care Worker Registry
registry unless the individual is enrolled in a training
program under paragraph (5) of subsection (a) of Section 3-206
of this Act.
If the Department finds that a nursing assistant,
habilitation aide, home health aide, child care aide, or an
unlicensed individual, has abused or neglected a resident or an
individual under his or her care, or misappropriated property
of a resident or an individual under his or her care in a
facility, the Department shall notify the individual of this
finding by certified mail sent to the address contained in the
registry. The notice shall give the individual an opportunity
to contest the finding in a hearing before the Department or to
submit a written response to the findings in lieu of requesting
a hearing. If, after a hearing or if the individual does not
request a hearing, the Department finds that the individual
abused a resident, neglected a resident, or misappropriated

resident property in a facility, the finding shall be included
as part of the registry as well as a clear and accurate summary
statement from the individual, if he or she chooses to make
such a statement. The Department shall make the following
information in the registry available to the public: an
individual's full name; the date an individual successfully
completed a nurse aide training or competency evaluation; and
whether the Department has made a finding that an individual
has been guilty of abuse or neglect of a resident or
misappropriation of resident's property. In the case of
inquiries to the registry concerning an individual listed in
the registry, any information disclosed concerning such a
finding shall also include disclosure of the individual's
statement in the registry relating to the finding or a clear
and accurate summary of the statement.
(b) (Blank). The Department shall add to the health care
worker registry records of findings as reported by the
Inspector General or remove from the health care worker
registry records of findings as reported by the Department of
Human Services, under subsection (s) of Section 1-17 of the
Department of Human Services Act.
(Source: P.A. 99-180, eff. 7-29-15.)
(210 ILCS 46/3-206.02 rep.)
Section 30. The MC/DD Act is amended by repealing Section
3-206.02.

Section 35. The ID/DD Community Care Act is amended by
changing Sections 3-206 and 3-206.01 as follows:
(210 ILCS 47/3-206)
Sec. 3-206. Curriculum for training nursing assistants and
aides. The Department shall prescribe a curriculum for training
nursing assistants, habilitation aides, and child care aides.
(a) No person, except a volunteer who receives no
compensation from a facility and is not included for the
purpose of meeting any staffing requirements set forth by the
Department, shall act as a nursing assistant, habilitation
aide, or child care aide in a facility, nor shall any person,
under any other title, not licensed, certified, or registered
to render medical care by the Department of Financial and
Professional Regulation, assist with the personal, medical, or
nursing care of residents in a facility, unless such person
meets the following requirements:
(1) Be at least 16 years of age, of temperate habits
and good moral character, honest, reliable and
trustworthy.
(2) Be able to speak and understand the English
language or a language understood by a substantial
percentage of the facility's residents.
(3) Provide evidence of employment or occupation, if
any, and residence for 2 years prior to his or her present

employment.
(4) Have completed at least 8 years of grade school or
provide proof of equivalent knowledge.
(5) Begin a current course of training for nursing
assistants, habilitation aides, or child care aides,
approved by the Department, within 45 days of initial
employment in the capacity of a nursing assistant,
habilitation aide, or child care aide at any facility. Such
courses of training shall be successfully completed within
120 days of initial employment in the capacity of nursing
assistant, habilitation aide, or child care aide at a
facility. Nursing assistants, habilitation aides, and
child care aides who are enrolled in approved courses in
community colleges or other educational institutions on a
term, semester or trimester basis, shall be exempt from the
120-day completion time limit. The Department shall adopt
rules for such courses of training. These rules shall
include procedures for facilities to carry on an approved
course of training within the facility.
The Department may accept comparable training in lieu
of the 120-hour course for student nurses, foreign nurses,
military personnel, or employees of the Department of Human
Services.
The facility shall develop and implement procedures,
which shall be approved by the Department, for an ongoing
review process, which shall take place within the facility,

for nursing assistants, habilitation aides, and child care
aides.
At the time of each regularly scheduled licensure
survey, or at the time of a complaint investigation, the
Department may require any nursing assistant, habilitation
aide, or child care aide to demonstrate, either through
written examination or action, or both, sufficient
knowledge in all areas of required training. If such
knowledge is inadequate the Department shall require the
nursing assistant, habilitation aide, or child care aide to
complete inservice training and review in the facility
until the nursing assistant, habilitation aide, or child
care aide demonstrates to the Department, either through
written examination or action, or both, sufficient
knowledge in all areas of required training; and
(6) Be familiar with and have general skills related to
resident care.
(a-0.5) An educational entity, other than a secondary
school, conducting a nursing assistant, habilitation aide, or
child care aide training program shall initiate a criminal
history record check in accordance with the Health Care Worker
Background Check Act prior to entry of an individual into the
training program. A secondary school may initiate a criminal
history record check in accordance with the Health Care Worker
Background Check Act at any time during or after a training
program.

(a-1) Nursing assistants, habilitation aides, or child
care aides seeking to be included on the Health Care Worker
Registry under the Health Care Worker Background Check Act
registry maintained under Section 3-206.01 of this Act must
authorize the Department of Public Health or its designee to
request a criminal history record check in accordance with the
Health Care Worker Background Check Act and submit all
necessary information. An individual may not newly be included
on the Health Care Worker Registry registry unless a criminal
history record check has been conducted with respect to the
individual.
(b) Persons subject to this Section shall perform their
duties under the supervision of a licensed nurse or other
appropriately trained, licensed, or certified personnel.
(c) It is unlawful for any facility to employ any person in
the capacity of nursing assistant, habilitation aide, or child
care aide, or under any other title, not licensed by the State
of Illinois to assist in the personal, medical, or nursing care
of residents in such facility unless such person has complied
with this Section.
(d) Proof of compliance by each employee with the
requirements set out in this Section shall be maintained for
each such employee by each facility in the individual personnel
folder of the employee. Proof of training shall be obtained
only from the Health Care Worker Registry health care worker
registry.

(e) Each facility shall obtain access to the Health Care
Worker Registry's health care worker registry's web
application, maintain the employment and demographic
information relating to each employee, and verify by the
category and type of employment that each employee subject to
this Section meets all the requirements of this Section.
(f) Any facility that is operated under Section 3-803 shall
be exempt from the requirements of this Section.
(g) Each skilled nursing and intermediate care facility
that admits persons who are diagnosed as having Alzheimer's
disease or related dementias shall require all nursing
assistants, habilitation aides, or child care aides, who did
not receive 12 hours of training in the care and treatment of
such residents during the training required under paragraph (5)
of subsection (a), to obtain 12 hours of in house training in
the care and treatment of such residents. If the facility does
not provide the training in house, the training shall be
obtained from other facilities, community colleges or other
educational institutions that have a recognized course for such
training. The Department shall, by rule, establish a recognized
course for such training.
The Department's rules shall provide that such training may
be conducted in house at each facility subject to the
requirements of this subsection, in which case such training
shall be monitored by the Department. The Department's rules
shall also provide for circumstances and procedures whereby any

person who has received training that meets the requirements of
this subsection shall not be required to undergo additional
training if he or she is transferred to or obtains employment
at a different facility or a facility other than those licensed
under this Act but remains continuously employed as a nursing
assistant, habilitation aide, or child care aide. Individuals
who have performed no nursing, nursing-related services, or
habilitation services for a period of 24 consecutive months
shall be listed as inactive and as such do not meet the
requirements of this Section. Licensed sheltered care
facilities shall be exempt from the requirements of this
Section.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)
(210 ILCS 47/3-206.01)
Sec. 3-206.01. Health Care Worker Registry care worker
registry.
(a) The Department shall establish and maintain a registry
of all individuals who (i) have satisfactorily completed the
training required by Section 3-206, (ii) have begun a current
course of training as set forth in Section 3-206, or (iii) are
otherwise acting as a nursing assistant, habilitation aide,
home health aide, or child care aide. The registry shall
include the individual's name, his or her current address,
Social Security number, and whether the individual has any of
the disqualifying convictions listed in Section 25 of the

Health Care Worker Background Check Act from the date and
location of the training course completed by the individual,
and the date of the individual's last criminal records check.
Any individual placed on the registry is required to inform the
Department of any change of address within 30 days. A facility
shall not employ an individual as a nursing assistant,
habilitation aide, home health aide, or child care aide, or
newly hired as an individual who may have access to a resident,
a resident's living quarters, or a resident's personal,
financial, or medical records, unless the facility has checked
inquired of the Department's Health Care Worker Registry and
the individual is listed on the Health Care Worker Registry as
eligible to work for a health care employer health care worker
registry as to information in the registry concerning the
individual. The facility shall not employ an individual as a
nursing assistant, habilitation aide, or child care aide if
that individual is not on the Health Care Worker Registry
registry unless the individual is enrolled in a training
program under paragraph (5) of subsection (a) of Section 3-206
of this Act.
If the Department finds that a nursing assistant,
habilitation aide, home health aide, child care aide, or an
unlicensed individual, has abused or neglected a resident or an
individual under his or her care, or misappropriated property
of a resident or an individual under his or her care in a
facility, the Department shall notify the individual of this

finding by certified mail sent to the address contained in the
registry. The notice shall give the individual an opportunity
to contest the finding in a hearing before the Department or to
submit a written response to the findings in lieu of requesting
a hearing. If, after a hearing or if the individual does not
request a hearing, the Department finds that the individual
abused a resident, neglected a resident, or misappropriated
resident property in a facility, the finding shall be included
as part of the registry as well as a clear and accurate summary
statement from the individual, if he or she chooses to make
such a statement. The Department shall make the following
information in the registry available to the public: an
individual's full name; the date an individual successfully
completed a nurse aide training or competency evaluation; and
whether the Department has made a finding that an individual
has been guilty of abuse or neglect of a resident or
misappropriation of resident's property. In the case of
inquiries to the registry concerning an individual listed in
the registry, any information disclosed concerning such a
finding shall also include disclosure of the individual's
statement in the registry relating to the finding or a clear
and accurate summary of the statement.
(b) (Blank). The Department shall add to the health care
worker registry records of findings as reported by the
Inspector General or remove from the health care worker
registry records of findings as reported by the Department of

Human Services, under subsection (s) of Section 1-17 of the
Department of Human Services Act.
(Source: P.A. 99-78, eff. 7-20-15.)
(210 ILCS 47/3-206.02 rep.)
Section 40. The ID/DD Community Care Act is amended by
repealing Section 3-206.02.
Section 45. The Health Care Worker Background Check Act is
amended by changing Sections 15, 25, 33, and 40 and by adding
Sections 26, 27, 28, and 75 as follows:
(225 ILCS 46/15)
Sec. 15. Definitions. In this Act:
"Applicant" means an individual 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 health care employer to an applicant, which
is contingent upon the receipt of a report from the Department
of Public Health indicating that the applicant does not have a
record of conviction of any of the criminal offenses enumerated
in Section 25.
"Department" means the Department of Public Health.
"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.
"Director" means the Director of Public Health.
"Disqualifying offenses" means those offenses set forth in
Section 25 of this Act.
"Employee" means any individual hired, employed, or
retained, whether paid or on a volunteer basis, to which this
Act applies.
"Finding" means the Department's determination of whether
an allegation is verified and substantiated.
"Fingerprint-based criminal history records check" means a
livescan fingerprint-based criminal history records check
submitted as a fee applicant inquiry in the form and manner
prescribed by the Department of State Police.
"Health care employer" means:
(1) the owner or licensee of any of the following:
(i) a community living facility, as defined in the
Community Living Facilities Act;
(ii) a life care facility, as defined in the Life
Care Facilities Act;

(iii) a long-term care facility;
(iv) a home health agency, home services agency, or
home nursing agency as defined in the Home Health, Home
Services, and Home Nursing Agency Licensing Act;
(v) a hospice care program or volunteer hospice
program, as defined in the Hospice Program Licensing
Act;
(vi) a hospital, as defined in the Hospital
Licensing Act;
(vii) (blank);
(viii) a nurse agency, as defined in the Nurse
Agency Licensing Act;
(ix) a respite care provider, as defined in the
Respite Program Act;
(ix-a) an establishment licensed under the
Assisted Living and Shared Housing Act;
(x) a supportive living program, as defined in the
Illinois Public Aid Code;
(xi) early childhood intervention programs as
described in 59 Ill. Adm. Code 121;
(xii) the University of Illinois Hospital,
Chicago;
(xiii) programs funded by the Department on Aging
through the Community Care Program;
(xiv) programs certified to participate in the
Supportive Living Program authorized pursuant to

Section 5-5.01a of the Illinois Public Aid Code;
(xv) programs listed by the Emergency Medical
Services (EMS) Systems Act as Freestanding Emergency
Centers;
(xvi) locations licensed under the Alternative
Health Care Delivery Act;
(2) a day training program certified by the Department
of Human Services;
(3) a community integrated living arrangement operated
by a community mental health and developmental service
agency, as defined in the Community-Integrated Living
Arrangements Licensing and Certification Act; or
(4) the State Long Term Care Ombudsman Program,
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.
"Initiate" means obtaining from a student, applicant, or
employee his or her social security number, demographics, a
disclosure statement, and an authorization for the Department
of Public Health or its designee to request a fingerprint-based
criminal history records check; transmitting this information
electronically to the Department of Public Health; conducting
Internet searches on certain web sites, including without
limitation the Illinois Sex Offender Registry, the Department
of Corrections' Sex Offender Search Engine, the Department of
Corrections' Inmate Search Engine, the Department of

Corrections Wanted Fugitives Search Engine, the National Sex
Offender Public Registry, and the List of Excluded Individuals
and Entities database on the website of the Health and Human
Services Office of Inspector General to determine if the
applicant has been adjudicated a sex offender, has been a
prison inmate, or has committed Medicare or Medicaid fraud, or
conducting similar searches as defined by rule; and having the
student, applicant, or employee's fingerprints collected and
transmitted electronically to the Department of State Police.
"Livescan vendor" means an entity whose equipment has been
certified by the Department of State Police to collect an
individual's demographics and inkless fingerprints and, in a
manner prescribed by the Department of State Police and the
Department of Public Health, electronically transmit the
fingerprints and required data to the Department of State
Police and a daily file of required data to the Department of
Public Health. The Department of Public Health shall negotiate
a contract with one or more vendors that effectively
demonstrate that the vendor has 2 or more years of experience
transmitting fingerprints electronically to the Department of
State Police and that the vendor can successfully transmit the
required data in a manner prescribed by the Department of
Public Health. Vendor authorization may be further defined by
administrative rule.
"Long-term care facility" means a facility licensed by the
State or certified under federal law as a long-term care

facility, including without limitation facilities licensed
under the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, the ID/DD Community Care Act, or
the MC/DD Act, a supportive living facility, an assisted living
establishment, or a shared housing establishment or registered
as a board and care home.
"Resident" means a person, individual, or patient under the
direct care of a health care employer or who has been provided
goods or services by a health care employer.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
(225 ILCS 46/25)
Sec. 25. 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, medical, or personal
records of clients, patients, or residents who has been
convicted of committing or attempting to commit one or more of
the following offenses only with a waiver described in Section
40: those defined in Sections 8-1(b), 8-1.1, 8-1.2, 9-1, 9-1.2,
9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3,
10-3.1, 10-4, 10-5, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11-1.60, 11-6, 11-9.1, 11-9.2, 11-9.3, 11-9.4-1, 11-9.5,
11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, 12-2, 12-3.05,

12-3.1, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13, 12-14, 12-14.1,
12-15, 12-16, 12-19, 12-20.5, 12-21, 12-21.5, 12-21.6, 12-32,
12-33, 12C-5, 12C-10, 16-1, 16-1.3, 16-25, 16A-3, 17-3, 17-56,
18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 19-6, 20-1,
20-1.1, 24-1, 24-1.2, 24-1.5, 24-1.8, 24-3.8, or 33A-2, or
subdivision (a)(4) of Section 11-14.4, or in subsection (a) of
Section 12-3 or subsection (a) or (b) of Section 12-4.4a, of
the Criminal Code of 1961 or the Criminal Code of 2012; those
provided in Section 4 of the Wrongs to Children Act; those
provided in Section 53 of the Criminal Jurisprudence Act; those
defined in subsection (c), (d), (e), (f), or (g) of Section 5
or Section 5.1, 5.2, 7, or 9 of the Cannabis Control Act; those
defined in the Methamphetamine Control and Community
Protection Act; or those defined in Sections 401, 401.1, 404,
405, 405.1, 407, or 407.1 of the Illinois Controlled Substances
Act; or subsection (a) of Section 3.01, Section 3.02, or
Section 3.03 of the Humane Care for Animals Act.
(a-1) 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, medical, or personal
records of clients, patients, or residents who has been
convicted of committing or attempting to commit one or more of
the following offenses only with a waiver described in Section
40: those offenses defined in Section 12-3.3, 12-4.2-5, 16-2,

16-30, 16G-15, 16G-20, 17-33, 17-34, 17-36, 17-44, 18-5,
20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 24-3.2, or 24-3.3, or
subsection (b) of Section 17-32, subsection (b) of Section
18-1, or subsection (b) of Section 20-1, of the Criminal Code
of 1961 or the Criminal Code of 2012; Section 4, 5, 6, 8, or
17.02 of the Illinois Credit Card and Debit Card Act; or
Section 11-9.1A of the Criminal Code of 1961 or the Criminal
Code of 2012 or Section 5.1 of the Wrongs to Children Act; or
(ii) violated Section 50-50 of the Nurse Practice Act.
A health care employer is not required to retain an
individual in a position with duties involving direct care for
clients, patients, or residents, and no long-term care facility
is required to retain an individual in a position with duties
that involve or may involve contact with residents or access to
the living quarters or the financial, medical, or personal
records of residents, who has been convicted of committing or
attempting to commit one or more of the offenses enumerated in
this subsection.
(b) A health care employer shall not hire, employ, or
retain, whether paid or on a volunteer basis, any individual in
a position with duties involving direct care of clients,
patients, or residents, and no long-term care facility shall
knowingly hire, employ, or retain, whether paid or on a
volunteer basis, any individual in a position with duties that
involve or may involve contact with residents or access to the
living quarters or the financial, medical, or personal records

of residents, if the health care employer becomes aware that
the individual has been convicted in another state of
committing or attempting to commit an offense that has the same
or similar elements as an offense listed in subsection (a) or
(a-1), as verified by court records, records from a state
agency, or an FBI criminal history record check, unless the
applicant or employee obtains a waiver pursuant to Section 40
of this Act. This shall not be construed to mean that a health
care employer has an obligation to conduct a criminal history
records check in other states in which an employee has resided.
(c) A health care employer shall not hire, employ, or
retain, whether paid or on a volunteer basis, any individual in
a position with duties involving direct care of clients,
patients, or residents, who has a finding by the Department of
abuse, neglect, misappropriation of property, or theft denoted
on the Health Care Worker Registry.
(d) A health care employer shall not hire, employ, or
retain, whether paid or on a volunteer basis, any individual in
a position with duties involving direct care of clients,
patients, or residents if the individual has a verified and
substantiated finding of abuse, neglect, or financial
exploitation, as identified within the Adult Protective
Service Registry established under Section 7.5 of the Adult
Protective Services Act.
(e) A health care employer shall not hire, employ, or
retain, whether paid or on a volunteer basis, any individual in

a position with duties involving direct care of clients,
patients, or residents who has a finding by the Department of
Human Services of physical or sexual abuse, financial
exploitation, or egregious neglect of an individual denoted on
the Health Care Worker Registry.
(Source: P.A. 99-872, eff. 1-1-17.)
(225 ILCS 46/26 new)
Sec. 26. 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 Act, (ii) have begun a current
course of training as set forth in 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 Act, or (iii) are otherwise acting
as a nursing assistant, habilitation aide, home health aide, or
child care aide. The Health Care Worker Registry shall include
the individual's name, current address, and Social Security
number, the date and location of the training course completed
by the individual, whether the individual has any of the
disqualifying convictions listed in Section 25 of the Health
Care Worker Background Check Act from the date of the training
course completed by the individual, and the date of the
individual's last criminal records check. Any individual

placed on the Health Care Worker Registry is required to inform
the Department of any change of address within 30 days after
the effective date of the change of address.
The Department shall include in the Health Care Worker
Registry established under this Section the information
contained in the registries established under Section 3-206.01
of the Nursing Home Care Act, Section 3-206.01 of the MC/DD
Act, and Section 3-206.01 of the ID/DD Community Care Act.
(225 ILCS 46/27 new)
Sec. 27. 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 sent
to the address contained in the Health Care Worker Registry.
The notice shall give the employee or individual an opportunity
to contest the finding in a hearing before the Department or to
submit a written response to the findings in lieu of requesting
a hearing. As used in this subsection, "abuse" and "neglect"
shall have the meanings provided in the Nursing Home Care Act,
except that the term "resident" as used in those definitions
shall have the meaning provided in this Act. As used in this
subsection, "misappropriate property of a resident" shall have
the meaning provided to "misappropriation of a resident's

property" in the Nursing Home Care Act, except that the term
"resident" as used in that definition shall have the meaning
provided in this Act.
(b) The Department shall have the authority to hold
hearings to be conducted by the Director, or by an individual
designated by the Director as hearing officer to conduct the
hearing. On the basis of a hearing, or upon default of the
employee, the Director shall make a determination specifying
his or her findings and conclusions. A copy of the
determination shall be sent by certified mail, return receipt
requested, or served personally upon the employee to the
address last provided by the employee to the Department.
(c) The procedure governing hearings authorized by this
Section shall be in accordance with rules adopted by the
Department. A full and complete record shall be kept of all
proceedings, including the notice of hearing, and all other
documents in the nature of pleadings, written motions filed in
the proceedings, and the report and orders of the Director or
the Director's designee. All testimony shall be reported but
need not be transcribed unless the decision is sought to be
reviewed under the Administrative Review Law. A copy or copies
of the transcript and record of the proceedings may be obtained
by any interested party subsequent to payment to the Department
of the cost of preparing the copy or copies. All final
administrative decisions of the Department under this Act are
subject to judicial review under the Administrative Review Law

and the rules adopted pursuant thereto. For purposes of this
subsection, "administrative decision" has the meaning provided
in Section 3-101 of the Code of Civil Procedure.
(d) The Department may issue subpoenas requiring the
attendance and the giving of testimony by witnesses, and
subpoenas duces tecum requiring the production of books,
papers, records, or memoranda. All subpoenas and subpoenas
duces tecum issued under this Act may be served by mail or by
any person of legal age. The fees of witnesses for attendance
and travel shall be the same as the fees of witnesses before
the courts of this State. The fees shall be paid when the
witness is excused from further attendance. When the witness is
subpoenaed at the instance of the Department, the fees shall be
paid in the same manner as other expenses of the Department,
and when the witness is subpoenaed at the instance of any other
party to any such proceeding, the Department may require that
the cost of service of the subpoena or subpoena duces tecum and
the fee of the witness be borne by the party at whose instance
the witness is summoned. A subpoena or subpoena duces tecum
issued pursuant to this Section shall be served in the same
manner as a subpoena issued by a circuit court.
(e) If, after a hearing or if the employee, or former
employee, does not request a hearing, the Department finds that
the employee, or former employee, abused a resident, neglected
a resident, or misappropriated resident property or makes any
other applicable finding as set forth by rule, the finding

shall be included as part of the Health Care Worker Registry as
well as a clear and accurate summary from the employee, if he
or she chooses to make a statement.
(f) The Department shall make the following information in
the Health Care Worker Registry available to the public: an
individual's full name; the date an individual successfully
completed a nurse aide training or competency evaluation; and
whether the Department has made a finding that an employee, or
former employee, has been guilty of abuse or neglect of a
resident or misappropriation of resident property or has made
any other applicable finding as set forth by rule. In the case
of inquiries to the Health Care Worker Registry concerning an
employee, or former employee, listed in the Health Care Worker
Registry, any information disclosed concerning a finding shall
also include disclosure of the employee's, or former
employee's, statement in the Health Care Worker Registry
relating to the finding or a clear and accurate summary of the
statement.
(g) The Department shall add to the Health Care Worker
Registry records of findings as reported by the Inspector
General or remove from the Health Care Worker Registry records
of findings as reported by the Department of Human Services,
under subsection (s) of Section 1-17 of the Department of Human
Services Act.
(225 ILCS 46/28 new)

Sec. 28. 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
resident.
(3) The employee, or former employee, has
misappropriated resident property.
(4) The employee, or former employee, has been
convicted of (i) a felony; (ii) a misdemeanor, an essential
element of which is dishonesty; or (iii) any crime that is
directly related to the duties of an employee, a nursing
assistant, habilitation aide, or child care aide.
(b) Notice under this Section shall include a clear and
concise statement of the grounds denoting abuse, neglect,
theft, or other applicable finding, and notice of the
opportunity for a hearing to contest the designation.
(c) The Department shall document criminal history records
check results pursuant to the requirements of this Act.
(d) After the designation of neglect on the Health Care
Worker Registry, made pursuant to this Section, an employee, or
former employee, may petition the Department for removal of a
designation of neglect on the Health Care Worker Registry,
after durations set forth within the Department's notice made

pursuant to subsections (a) and (b) of this Section. Upon
receipt of a petition, the Department may remove the
designation for a finding of neglect after no less than one
year, or the designation of applicable findings set forth by
rule of an employee, or former employee, for minimum durations
set forth by the Department, on the Health Care Worker Registry
unless the Department determines that removal of designation is
not in the public interest. The Department shall set forth by
rule the discretionary factors by which designations of
employees or former employees may be removed.
(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
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 must 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 local 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
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 must initiate a fingerprint-based criminal
history records check required by this Act requested by the
Department of Public Health 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 must 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.
(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
secured. The student, applicant, or employee shall must 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 must
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 requested by the
Department of Public Health 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
requestor 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 requested by
the Department of Public Health and stays active on the Health
Care Worker Registry, no further criminal history record checks
are required shall be deemed necessary, 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 are required
to 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 requested
by the Department of Public Health and has no disqualifying
convictions or has been granted a waiver pursuant to Section 40
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 must 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 nurse aide 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 24 consecutive month break in service for
pay, he or she may be hired as a certified nursing assistant
nurse aide 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
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 must provide an employment verification for each
employee no less than annually. The direct care employer or its
designee shall must log into the Health Care Worker Registry
through a secure login. The health care employer or its
designee shall must 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 For
health care employers that are not licensed or certified, 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) The Department of Public Health shall notify each
health care employer or long-term care facility inquiring as to
the information on the Health Care Worker Registry if the
applicant or employee listed on the registry has a

disqualifying offense and is therefore ineligible to work. 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 Department of Public Health shall indicate
report 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 Department may
indicate report that the applicant or employee has received a
waiver.
(k) The student, applicant, or employee shall must be
notified of each of the following whenever a fingerprint-based
criminal 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 requested by the Department of Public Health of
the student, applicant, or employee pursuant to this Act.
(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
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.)
(225 ILCS 46/40)
Sec. 40. Waiver.
(a) Any student, applicant, 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
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 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
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.)
(225 ILCS 46/75 new)
Sec. 75. 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.
Section 50. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Section 10 as follows:
(740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
Sec. 10. (a) Except as provided herein, in any civil,
criminal, administrative, or legislative proceeding, or in any
proceeding preliminary thereto, a recipient, and a therapist on
behalf and in the interest of a recipient, has the privilege to
refuse to disclose and to prevent the disclosure of the
recipient's record or communications.
(1) Records and communications may be disclosed in a
civil, criminal or administrative proceeding in which the
recipient introduces his mental condition or any aspect of

his services received for such condition as an element of
his claim or defense, if and only to the extent the court
in which the proceedings have been brought, or, in the case
of an administrative proceeding, the court to which an
appeal or other action for review of an administrative
determination may be taken, finds, after in camera
examination of testimony or other evidence, that it is
relevant, probative, not unduly prejudicial or
inflammatory, and otherwise clearly admissible; that other
satisfactory evidence is demonstrably unsatisfactory as
evidence of the facts sought to be established by such
evidence; and that disclosure is more important to the
interests of substantial justice than protection from
injury to the therapist-recipient relationship or to the
recipient or other whom disclosure is likely to harm.
Except in a criminal proceeding in which the recipient, who
is accused in that proceeding, raises the defense of
insanity, no record or communication between a therapist
and a recipient shall be deemed relevant for purposes of
this subsection, except the fact of treatment, the cost of
services and the ultimate diagnosis unless the party
seeking disclosure of the communication clearly
establishes in the trial court a compelling need for its
production. However, for purposes of this Act, in any
action brought or defended under the Illinois Marriage and
Dissolution of Marriage Act, or in any action in which pain

and suffering is an element of the claim, mental condition
shall not be deemed to be introduced merely by making such
claim and shall be deemed to be introduced only if the
recipient or a witness on his behalf first testifies
concerning the record or communication.
(2) Records or communications may be disclosed in a
civil proceeding after the recipient's death when the
recipient's physical or mental condition has been
introduced as an element of a claim or defense by any party
claiming or defending through or as a beneficiary of the
recipient, provided the court finds, after in camera
examination of the evidence, that it is relevant,
probative, and otherwise clearly admissible; that other
satisfactory evidence is not available regarding the facts
sought to be established by such evidence; and that
disclosure is more important to the interests of
substantial justice than protection from any injury which
disclosure is likely to cause.
(3) In the event of a claim made or an action filed by
a recipient, or, following the recipient's death, by any
party claiming as a beneficiary of the recipient for injury
caused in the course of providing services to such
recipient, the therapist and other persons whose actions
are alleged to have been the cause of injury may disclose
pertinent records and communications to an attorney or
attorneys engaged to render advice about and to provide

representation in connection with such matter and to
persons working under the supervision of such attorney or
attorneys, and may testify as to such records or
communication in any administrative, judicial or discovery
proceeding for the purpose of preparing and presenting a
defense against such claim or action.
(4) Records and communications made to or by a
therapist in the course of examination ordered by a court
for good cause shown may, if otherwise relevant and
admissible, be disclosed in a civil, criminal, or
administrative proceeding in which the recipient is a party
or in appropriate pretrial proceedings, provided such
court has found that the recipient has been as adequately
and as effectively as possible informed before submitting
to such examination that such records and communications
would not be considered confidential or privileged. Such
records and communications shall be admissible only as to
issues involving the recipient's physical or mental
condition and only to the extent that these are germane to
such proceedings.
(5) Records and communications may be disclosed in a
proceeding under the Probate Act of 1975, to determine a
recipient's competency or need for guardianship, provided
that the disclosure is made only with respect to that
issue.
(6) Records and communications may be disclosed to a

court-appointed therapist, psychologist, or psychiatrist
for use in determining a person's fitness to stand trial if
the records were made within the 180-day period immediately
preceding the date of the therapist's, psychologist's or
psychiatrist's court appointment. These records and
communications shall be admissible only as to the issue of
the person's fitness to stand trial. Records and
communications may be disclosed when such are made during
treatment which the recipient is ordered to undergo to
render him fit to stand trial on a criminal charge,
provided that the disclosure is made only with respect to
the issue of fitness to stand trial.
(7) Records and communications of the recipient may be
disclosed in any civil or administrative proceeding
involving the validity of or benefits under a life,
accident, health or disability insurance policy or
certificate, or Health Care Service Plan Contract,
insuring the recipient, but only if and to the extent that
the recipient's mental condition, or treatment or services
in connection therewith, is a material element of any claim
or defense of any party, provided that information sought
or disclosed shall not be redisclosed except in connection
with the proceeding in which disclosure is made.
(8) Records or communications may be disclosed when
such are relevant to a matter in issue in any action
brought under this Act and proceedings preliminary

thereto, provided that any information so disclosed shall
not be utilized for any other purpose nor be redisclosed
except in connection with such action or preliminary
proceedings.
(9) Records and communications of the recipient may be
disclosed in investigations of and trials for homicide when
the disclosure relates directly to the fact or immediate
circumstances of the homicide.
(10) Records and communications of a deceased
recipient shall be disclosed to a coroner conducting a
preliminary investigation into the recipient's death under
Section 3-3013 of the Counties Code.
(11) Records and communications of a recipient shall be
disclosed in a proceeding where a petition or motion is
filed under the Juvenile Court Act of 1987 and the
recipient is named as a parent, guardian, or legal
custodian of a minor who is the subject of a petition for
wardship as described in Section 2-3 of that Act or a minor
who is the subject of a petition for wardship as described
in Section 2-4 of that Act alleging the minor is abused,
neglected, or dependent or the recipient is named as a
parent of a child who is the subject of a petition,
supplemental petition, or motion to appoint a guardian with
the power to consent to adoption under Section 2-29 of the
Juvenile Court Act of 1987.
(12) Records and communications of a recipient may be

disclosed when disclosure is necessary to collect sums or
receive third party payment representing charges for
mental health or developmental disabilities services
provided by a therapist or agency to a recipient; however,
disclosure shall be limited to information needed to pursue
collection, and the information so disclosed may not be
used for any other purposes nor may it be redisclosed
except in connection with collection activities. Whenever
records are disclosed pursuant to this subdivision (12),
the recipient of the records shall be advised in writing
that any person who discloses mental health records and
communications in violation of this Act may be subject to
civil liability pursuant to Section 15 of this Act or to
criminal penalties pursuant to Section 16 of this Act or
both.
(b) Before a disclosure is made under subsection (a), any
party to the proceeding or any other interested person may
request an in camera review of the record or communications to
be disclosed. The court or agency conducting the proceeding may
hold an in camera review on its own motion. When, contrary to
the express wish of the recipient, the therapist asserts a
privilege on behalf and in the interest of a recipient, the
court may require that the therapist, in an in camera hearing,
establish that disclosure is not in the best interest of the
recipient. The court or agency may prevent disclosure or limit
disclosure to the extent that other admissible evidence is

sufficient to establish the facts in issue. The court or agency
may enter such orders as may be necessary in order to protect
the confidentiality, privacy, and safety of the recipient or of
other persons. Any order to disclose or to not disclose shall
be considered a final order for purposes of appeal and shall be
subject to interlocutory appeal.
(c) A recipient's records and communications may be
disclosed to a duly authorized committee, commission or
subcommittee of the General Assembly which possesses subpoena
and hearing powers, upon a written request approved by a
majority vote of the committee, commission or subcommittee
members. The committee, commission or subcommittee may request
records only for the purposes of investigating or studying
possible violations of recipient rights. The request shall
state the purpose for which disclosure is sought.
The facility shall notify the recipient, or his guardian,
and therapist in writing of any disclosure request under this
subsection within 5 business days after such request. Such
notification shall also inform the recipient, or guardian, and
therapist of their right to object to the disclosure within 10
business days after receipt of the notification and shall
include the name, address and telephone number of the
committee, commission or subcommittee member or staff person
with whom an objection shall be filed. If no objection has been
filed within 15 business days after the request for disclosure,
the facility shall disclose the records and communications to

the committee, commission or subcommittee. If an objection has
been filed within 15 business days after the request for
disclosure, the facility shall disclose the records and
communications only after the committee, commission or
subcommittee has permitted the recipient, guardian or
therapist to present his objection in person before it and has
renewed its request for disclosure by a majority vote of its
members.
Disclosure under this subsection shall not occur until all
personally identifiable data of the recipient and provider are
removed from the records and communications. Disclosure under
this subsection shall not occur in any public proceeding.
(d) No party to any proceeding described under paragraphs
(1), (2), (3), (4), (7), or (8) of subsection (a) of this
Section, nor his or her attorney, shall serve a subpoena
seeking to obtain access to records or communications under
this Act unless the subpoena is accompanied by a written order
issued by a judge or by the written consent under Section 5 of
this Act of the person whose records are being sought,
authorizing the disclosure of the records or the issuance of
the subpoena. No such written order shall be issued without
written notice of the motion to the recipient and the treatment
provider. Prior to issuance of the order, each party or other
person entitled to notice shall be permitted an opportunity to
be heard pursuant to subsection (b) of this Section. In the
absence of the written consent under Section 5 of this Act of

the person whose records are being sought, no person shall
comply with a subpoena for records or communications under this
Act, unless the subpoena is accompanied by a written order
authorizing the issuance of the subpoena or the disclosure of
the records. Each subpoena issued by a court or administrative
agency or served on any person pursuant to this subsection (d)
shall include the following language: "No person shall comply
with a subpoena for mental health records or communications
pursuant to Section 10 of the Mental Health and Developmental
Disabilities Confidentiality Act, 740 ILCS 110/10, unless the
subpoena is accompanied by a written order that authorizes the
issuance of the subpoena and the disclosure of records or
communications or by the written consent under Section 5 of
that Act of the person whose records are being sought."
(e) When a person has been transported by a peace officer
to a mental health facility, then upon the request of a peace
officer, if the person is allowed to leave the mental health
facility within 48 hours of arrival, excluding Saturdays,
Sundays, and holidays, the facility director shall notify the
local law enforcement authority prior to the release of the
person. The local law enforcement authority may re-disclose the
information as necessary to alert the appropriate enforcement
or prosecuting authority.
(f) A recipient's records and communications shall be
disclosed to the Inspector General of the Department of Human
Services within 10 business days of a request by the Inspector

General (i) in the course of an investigation authorized by the
Department of Human Services Act and applicable rule or (ii)
during the course of an assessment authorized by the Abuse of
Adults with Disabilities Intervention Act and applicable rule.
The request shall be in writing and signed by the Inspector
General or his or her designee. The request shall state the
purpose for which disclosure is sought. Any person who
knowingly and willfully refuses to comply with such a request
is guilty of a Class A misdemeanor. A recipient's records and
communications shall also be disclosed pursuant to subsection
(s) of Section 1-17 of the Department of Human Services Act in
testimony at Health Care Worker Registry health care worker
registry hearings or preliminary proceedings when such are
relevant to the matter in issue, provided that any information
so disclosed shall not be utilized for any other purpose nor be
redisclosed except in connection with such action or
preliminary proceedings.
(Source: P.A. 98-221, eff. 1-1-14; 98-908, eff. 1-1-15; 99-78,
eff. 7-20-15.)
Section 99. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance