96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0762


 
Introduced 2/6/2009, by Rep. Constance A. Howard
 
SYNOPSIS AS INTRODUCED:
 		














225 ILCS 46/40









    Amends the Health Care Worker Background Check Act. Removes the requirement that a person listed on the Health Care Worker Registry who requests a waiver of the prohibition against employment must show that he or she has paid all outstanding fines. Effective immediately.
















LRB096 08663 ASK 18787 b

















 


 


A BILL FOR









 











HB0762

LRB096 08663 ASK 18787 b






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    AN ACT concerning professional regulation.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Health Care Worker Background Check Act is 
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amended  by changing Section 40 as follows:
 



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    (225 ILCS 46/40)



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    Sec. 40. Waiver. 

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    (a) Any student, applicant, or employee listed on the 
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Health Care Worker Registry may request a waiver of the

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prohibition against
employment by:


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        (1) completing a waiver application on a form 
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    prescribed by the Department of Public Health;


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        (2) providing a written explanation of each conviction 
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    to include (i) what happened, (ii) how many years have 
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    passed since the offense, (iii) the individuals involved, 
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    (iv) the age of the applicant at the time of the offense, 
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    and (v) any other circumstances surrounding the offense; 
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    and
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        (3) providing official documentation showing that all 
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    fines have been paid, if applicable, and the date probation 
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    or parole was satisfactorily completed, if applicable.

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    (b) The applicant may, but is not required to, submit 
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employment and character references and any other evidence 
 


 






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demonstrating the ability of the applicant or employee
to 
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perform the employment responsibilities competently and 
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evidence that the
applicant or employee does not pose a threat 
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to the health or safety of
residents, patients, or clients.

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    (c) The Department of Public Health

must inform health care 
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employers if a waiver is being sought by entering a record on 
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the Health Care Worker Registry that a waiver is pending and 
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must act upon the waiver request within 30 days
of
receipt of 
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all necessary information, as defined by rule. Except in cases 
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where a rehabilitation waiver is granted, a letter shall be 
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sent to the applicant notifying the applicant that he or she 
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has received an automatic waiver.


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    (d) An individual shall not be employed from the
time that 
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the employer receives a notification from the Department of 
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Public Health based upon the results of a fingerprint-based 
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criminal history records check
containing disqualifying 
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conditions until the time that the individual receives
a 
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waiver.

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    (e) The entity responsible for inspecting, licensing,

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certifying, or
registering the health care employer and the 
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Department of Public Health shall be immune from liability for 
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any
waivers granted under this Section.

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    (f) A health care employer is not obligated to employ or 
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offer
permanent
employment to an applicant, or to retain an 
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employee who is granted a waiver
under this Section.

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(Source: P.A. 94-665, eff. 1-1-06; 95-120, eff. 8-13-07; 
 


 






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95-545, eff. 8-28-07; 95-876, eff. 8-21-08.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.