Bill Text: IL HB3583 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Health Care Worker Background Check Act. Provides that the Act applies to persons licensed, certified, or registered by the Department of Financial and Professional Regulation under specified Acts. Provides that a felony conviction of specified offenses is a disqualifying offense and requires immediate review of the license, registration, or certification under those specified licensing Acts. Sets forth provisions concerning applicability of the changes made by the amendatory Act. Effective 6 months after becoming law.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2023-03-27 - House Floor Amendment No. 3 Rule 19(c) / Re-referred to Rules Committee [HB3583 Detail]

Download: Illinois-2023-HB3583-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3583 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
225 ILCS 46/10
225 ILCS 46/15
225 ILCS 46/25
Amends the Health Care Worker Background Check Act. Provides that the Act applies to persons licensed, certified, or registered by the Department of Financial and Professional Regulation under specified Acts. Provides that a felony conviction of specified offenses is a disqualifying offense and requires immediate review of the license, registration, or certification under those specified licensing Acts. Sets forth provisions concerning applicability of the changes made by the amendatory Act. Effective 6 months after becoming law.
LRB103 30047 AMQ 56470 b
A BILL FOR
HB3583 LRB103 30047 AMQ 56470 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Health Care Worker Background Check Act is
amended by changing Sections 10, 15, and 25 as follows:
(225 ILCS 46/10)
Sec. 10. Applicability.
(a) This Act applies to all individuals employed or
retained by a health care employer as home health care aides,
nurse aides, personal care assistants, private duty nurse
aides, day training personnel, or an individual working in any
similar health-related occupation where he or she provides
direct care or has access to long-term care residents or the
living quarters or financial, medical, or personal records of
long-term care residents. This Act also applies to all
employees of licensed or certified long-term care facilities
who have or may have contact with residents or access to the
living quarters or the financial, medical, or personal records
of residents.
(b) This Act applies to persons licensed, certified, or
registered by the Department of Financial and Professional
Regulation under the Medical Practice Act of 1987, the Nurse
Practice Act, the Illinois Dental Practice Act, the Massage

HB3583 - 2 - LRB103 30047 AMQ 56470 b
Licensing Act, the Illinois Optometric Practice Act of 1987,
the Orthotics, Prosthetics, and Pedorthics Practice Act, the
Illinois Physical Therapy Act, the Physician Assistant
Practice Act of 1987, the Podiatric Medical Practice Act of
1987, the Respiratory Care Practice Act, the Registered
Surgical Assistant and Registered Surgical Technologist Title
Protection Act, the Acupuncture Practice Act, and the Illinois
Athletic Trainers Practice Act.
(Source: P.A. 94-665, eff. 1-1-06.)
(225 ILCS 46/15)
Sec. 15. Definitions. In this Act:
"Applicant" means an individual enrolling in a training
program, 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 or the
Department of Financial and Professional Regulation with
regard to persons licensed, certified, or registered by the
Department of Professional Regulation under any of the Acts

HB3583 - 3 - LRB103 30047 AMQ 56470 b
specified in subsection (b) of Section 10.
"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 Illinois 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 Licensing Act;

HB3583 - 4 - LRB103 30047 AMQ 56470 b
(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;

HB3583 - 5 - LRB103 30047 AMQ 56470 b
(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 Licensure and Certification Act;
(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; or
(5) the Department of Corrections or a third-party
vendor employing certified nursing assistants working with
the Department of Corrections.
"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

HB3583 - 6 - LRB103 30047 AMQ 56470 b
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
Illinois State Police.
"Livescan vendor" means an entity whose equipment has been
certified by the Illinois State Police to collect an
individual's demographics and inkless fingerprints and, in a
manner prescribed by the Illinois State Police and the
Department of Public Health, electronically transmit the
fingerprints and required data to the Illinois 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 Illinois State Police and

HB3583 - 7 - LRB103 30047 AMQ 56470 b
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. 101-176, eff. 7-31-19; 102-226, eff. 7-30-21;
102-503, eff. 8-20-21; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22.)
(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

HB3583 - 8 - LRB103 30047 AMQ 56470 b
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; 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.

HB3583 - 9 - LRB103 30047 AMQ 56470 b
(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.

HB3583 - 10 - LRB103 30047 AMQ 56470 b
(a-5) A felony conviction of any of the following offenses
is a disqualifying offense and requires immediate review of
the license, registration, or certification under the relevant
Acts for the professions identified in subsection (b) of
Section 10:
(1) first degree murder, under Section 9-1 of the
Criminal Code of 2012;
(2) second degree murder, under Section 9-2 of the
Criminal Code of 2012;
(3) predatory criminal sexual assault of a child,
under Section 11-1.40 of the Criminal Code of 2012;
(4) aggravated criminal sexual assault, under Section
11-1.30 of the Criminal Code of 2012;
(5) criminal sexual assault; under Section 11-1.20 of
the Criminal Code of 2012;
(6) aggravated kidnaping, under Section 10-2 of the
Criminal Code of 2012;
(7) kidnapping, under Section 10-1 of the Criminal
Code of 2012;
(8) aggravated battery resulting in great bodily harm
or permanent disability or disfigurement, under subsection
(a) of Section 12-3.05 of the Criminal Code of 2012;
(9) solicitation of murder, under subsection (b) of
Section 8-1 of the Criminal Code of 2012;
(10) solicitation of murder for hire, under Section
8-1.2 of the Criminal code of 2012;

HB3583 - 11 - LRB103 30047 AMQ 56470 b
(11) intentional homicide of an unborn child, under
Section 9-1.2 of the Criminal Code of 2012;
(12) voluntary manslaughter of an unborn child, under
Section 9-2.1 of the Criminal Code of 2012;
(13) concealment of homicidal death, if committed in
the pursuance of job duties, under Section 9-3.4 of the
Criminal Code of 2012;
(14) concealment of death, if committed in the
pursuance of job duties, under Section 9-3.5 of the
Criminal Code of 2012;
(15) aggravated unlawful restraint, under Section
10-3.1 of the Criminal Code of 2012;
(16) forcible detention, under Section 10-4 of the
Criminal Code of 2012;
(17) child abduction, under Section 10-5 of the
Criminal Code of 2012;
(18) luring of a minor, under Section 10-5.1 of the
Criminal Code of 2012;
(19) aiding or abetting child abduction, under Section
10-7 of the Criminal Code of 2012;
(20) trafficking in person, involuntary servitude, and
related offenses, under Section 10-9 of the Criminal Code
of 2012;
(21) failure to report the death or disappearance of a
child under 13 years of age, if committed in the pursuance
of job duties, under Section 10-10 of the Criminal Code of

HB3583 - 12 - LRB103 30047 AMQ 56470 b
2012;
(22) aggravated criminal sexual abuse, under Section
11-1.60 of the Criminal Code of 2012;
(23) indecent solicitation of a child, under Section
11-6 of the Criminal Code of 2012;
(24) solicitation to meet a child, under Section
11-6.6 of the Criminal Code of 2012;
(25) sexual exploitation of a child, under Section
11-9.1 of the Criminal Code of 2012;
(26) permitting sexual abuse of a child, under Section
11-9.1A of the Criminal Code of 2012;
(27) failure to report sexual abuse of a child, if
committed in pursuance of job duties, under Section
11-9.1B of the Criminal Code of 2012;
(28) custodial sexual misconduct, under Section 11-9.2
of the Criminal Code of 2012;
(29) sexual misconduct with a person with a
disability, under Section 11-9.5 of the Criminal Code of
2012;
(30) promoting juvenile prostitution, under Section
11-14.4 of the Criminal Code of 2012;
(31) patronizing a minor engaged in prostitution,
under Section 11-18.1 of the Criminal Code of 2012;
(32) child pornography, under Section 11-20.1 of the
Criminal Code of 2012;
(33) distributing harmful material to a minor, under

HB3583 - 13 - LRB103 30047 AMQ 56470 b
Section 11-21 of the Criminal Code of 2012;
(34) non-consensual dissemination of private sexual
images, under Section 11-23.5 of the Criminal Code of
2012;
(35) grooming, under Section 11-25 of the Criminal
Code of 2012;
(36) traveling to meet a child, under Section 11-26 of
the Criminal Code of 2012;
(37) aggravated assault, under Section 12-2 of the
Criminal Code of 2012;
(38) aggravated battery, under Section 12-3.05 of the
Criminal Code of 2012;
(39) aggravated battery of an unborn child, under
Section 12-3.1 of the Criminal Code of 2012;
(40) aggravated domestic battery, under Section 12-3.3
of the Criminal Code of 2012;
(41) criminal abuse or neglect of a long term care
facility resident, under paragraph (2) of subsection (a)
of Section 12-4.4a of the Criminal Code of 2012;
(42) aggravated intimidation, under Section 12-6.2 of
the Criminal Code of 2012;
(43) compelling confession or information by force or
threat, under Section 12-7 of the Criminal Code of 2012;
(44) educational intimidation, under Section 12-7.2 of
the Criminal Code of 2012;
(45) aggravated stalking, under Section 12-7.4 of the

HB3583 - 14 - LRB103 30047 AMQ 56470 b
Criminal Code of 2012;
(46) tongue splitting, under Section 12-10.2 of the
Criminal Code of 2012;
(47) sale of body parts, under Section 12-10 of the
Criminal Code of 2012;
(48) dismembering of a human body, under Section
12-20.5 of the Criminal Code of 2012;
(49) abuse of a corpse, under Section 12-20.6 of the
Criminal Code of 2012;
(50) ritual mutilation, under Section 12-32 of the
Criminal Code of 2012;
(51) ritualized abuse of child, under Section 12-33 of
the Criminal Code of 2012;
(52) female genital mutilation, under Section 12-34 of
the Criminal Code of 2012;
(53) inducement to commit suicide, under Section
12-34.5 of the Criminal Code of 2012;
(54) organized retail crime; under paragraphs (1) and
(2) of subsection (a) of Section 16-25.2 of the Criminal
Code of 2012;
(55) financial exploitation of an elderly person or a
person with a disability by intimidation, under Section
16-1.3 of the Criminal Code of 2012;
(56) aggravated robbery, under subsection (b) of
Section 18-1 of the Criminal Code of 2012;
(57) armed robbery, under Section 18-2 of the Criminal

HB3583 - 15 - LRB103 30047 AMQ 56470 b
Code of 2012;
(58) aggravated vehicular hijacking, under Section
18-4 of the Criminal Code of 2012;
(59) vehicular invasion, under Section 18-6 of the
Criminal Code of 2012;
(60) burglary, under Section 19-1 of the Criminal Code
of 2012;
(61) aggravated arson, under Section 20-1.1 of the
Criminal Code of 2012;
(62) aggravated unlawful use of a weapon, under
Section 24-1.6 of the Criminal Code of 2012;
(63) unlawful manufacture or delivery of nitrous
oxide, under Section 24.5-10 of the Criminal Code of 2012;
(64) mob action, under paragraphs (1) and (3) of
subsection (a) of Section 25-1 of the Criminal Code of
2012;
(65) terrorism, under Section 29D-14.9 of the Criminal
Code of 2012;
(66) causing a catastrophe, under Section 29D-15.1 of
the Criminal Code of 2012;
(67) treason, under Section 30-1 of the Criminal Code
of 2012;
(68) perjury, under Section 32-2 of the Criminal Code
of 2012;
(69) subordination of perjury, under Section 32-3 of
the Criminal Code of 2012;

HB3583 - 16 - LRB103 30047 AMQ 56470 b
(70) armed violence, under Section 33A-2 of the
Criminal Code of 2012;
(71) solicitation of any of the offenses specified in
this subsection, under subsection (a) of Section 801 of
the Criminal Code of 2012;
(72) conspiracy to commit any of the offenses
specified in this subsection, under Section 802 of the
Criminal Code of 2012;
(73) attempt to commit any of the offenses specified
in this subsection, under Section 8-4 of the Criminal Code
of 2012; or
(74) any felony not listed for which an offense
specified in this subsection is a lesser included offense.
This subsection applies after the effective date of this
amendatory Act of the 103rd General Assembly to all initial
applications for licensure, certification, or registration
with the Department of Financial and Professional Regulation
under the Acts specified in subsection (b) of Section 10. For
every licensure, certification, or registration renewal under
the Acts specified in subsection (b) of Section 10, the
Department of Financial and Professional Regulation shall
conduct a review of the applicant's criminal background to
determine whether the applicant committed an offense specified
in this subsection after the effective date of this amendatory
Act of the 103rd General Assembly.
(b) A health care employer shall not hire, employ, or

HB3583 - 17 - LRB103 30047 AMQ 56470 b
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), or (a-5), 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

HB3583 - 18 - LRB103 30047 AMQ 56470 b
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; 100-432, eff. 8-25-17.)
Section 99. Effective date. This Act takes effect 6 months
after becoming law.