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
 


HB3583LRB103 30047 AMQ 56470 b



1 AN ACT concerning regulation.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Health Care Worker Background Check Act is 
5amended by changing Sections 10, 15, and 25 as follows:




6 (225 ILCS 46/10)



7 Sec. 10. Applicability. 
8 (a) This Act applies to all individuals employed or

9retained by a health care employer as home health care aides, 
10nurse aides,
personal care assistants, private duty nurse 
11aides, day
training personnel, or an individual working in any 
12similar health-related
occupation where he or she provides 
13direct care or has access to long-term care residents or the 
14living quarters or financial, medical, or personal records of 
15long-term care residents. This Act also applies to all 
16employees of licensed or certified long-term care facilities 
17who have or may have contact with residents or access to the 
18living quarters or the financial, medical, or personal records 
19of residents.


20 (b) This Act applies to persons licensed, certified, or 
21registered by the Department of Financial and Professional 
22Regulation under the Medical Practice Act of 1987, the Nurse 
23Practice Act, the Illinois Dental Practice Act, the Massage 
 
 
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1Licensing Act, the Illinois Optometric Practice Act of 1987, 
2the Orthotics, Prosthetics, and Pedorthics Practice Act, the 
3Illinois Physical Therapy Act, the Physician Assistant 
4Practice Act of 1987, the Podiatric Medical Practice Act of 
51987, the Respiratory Care Practice Act, the Registered 
6Surgical Assistant and Registered Surgical Technologist Title 
7Protection Act, the Acupuncture Practice Act, and the Illinois 
8Athletic Trainers Practice Act. 
9(Source: P.A. 94-665, eff. 1-1-06.)




10 (225 ILCS 46/15)



11 Sec. 15. Definitions. In this Act:

12 "Applicant" means an individual enrolling in a training 
13program, seeking employment, whether paid or on a volunteer 
14basis, with a health care
employer who has received a bona fide 
15conditional offer of employment.

16 "Conditional offer of employment" means a bona fide offer 
17of employment by a
health care employer to an applicant, which 
18is contingent upon the receipt of a
report from the Department 
19of Public Health indicating that the applicant does
not have a 
20record of conviction of any of the criminal offenses 
21enumerated in
Section 25.

22 "Department" means the Department of Public Health or the 
23Department of Financial and Professional Regulation with 
24regard to persons licensed, certified, or registered by the 
25Department of Professional Regulation under any of the Acts 
 
 
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1specified in subsection (b) of Section 10. 
2 "Direct care" means the provision of nursing care or 
3assistance with feeding,
dressing, movement, bathing, 
4toileting, or other personal needs, including home services as 
5defined in the Home Health, Home Services, and Home Nursing 
6Agency Licensing Act. The entity
responsible for inspecting 
7and licensing, certifying, or registering the
health care 
8employer may, by administrative rule, prescribe guidelines for

9interpreting this definition with regard to the health care 
10employers that it
licenses.

11 "Director" means the Director of Public Health. 
12 "Disqualifying offenses" means those offenses set forth in 
13Section 25 of this Act.
14 "Employee" means any individual hired, employed, or 
15retained, whether paid or on a volunteer basis, to which this 
16Act applies.
17 "Finding" means the Department's determination of whether 
18an allegation is verified and substantiated. 
19 "Fingerprint-based criminal history records check" means a 
20livescan fingerprint-based criminal history records check 
21submitted as a fee applicant inquiry in the form and manner 
22prescribed by the Illinois State Police.

23 "Health care employer" means:

24  (1) the owner or licensee of any of the
following:

25   (i) a community living facility, as defined in the 
26 Community Living
Facilities Licensing Act;

 
 
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1   (ii) a life care facility, as defined in the Life 
2 Care Facilities Act;

3   (iii) a long-term care facility;

4   (iv) a home health agency, home services agency, 
5 or home nursing agency as defined in the Home Health, 
6 Home Services, and Home Nursing Agency Licensing
Act;

7   (v) a hospice care program or volunteer hospice 
8 program, as defined in the Hospice Program Licensing 
9 Act;

10   (vi) a hospital, as defined in the Hospital 
11 Licensing Act;

12   (vii) (blank);

13   (viii) a nurse agency, as defined in the Nurse 
14 Agency Licensing Act;

15   (ix) a respite care provider, as defined in the 
16 Respite Program Act;

17   (ix-a) an establishment licensed under the 
18 Assisted Living and Shared
Housing Act;

19   (x) a supportive living program, as defined in the 
20 Illinois Public Aid
Code;

21   (xi) early childhood intervention programs as 
22 described in 59 Ill. Adm.
Code 121;

23   (xii) the University of Illinois Hospital, 
24 Chicago;

25   (xiii) programs funded by the Department on Aging 
26 through the Community
Care Program;

 
 
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1   (xiv) programs certified to participate in the 
2 Supportive Living Program
authorized pursuant to 
3 Section 5-5.01a of the Illinois Public Aid Code;

4   (xv) programs listed by the Emergency Medical 
5 Services (EMS) Systems Act
as
Freestanding Emergency 
6 Centers;

7   (xvi) locations licensed under the Alternative 
8 Health Care Delivery
Act;

9  (2) a day training program certified by the Department 
10 of Human Services;


11  (3) a community integrated living arrangement operated 
12 by a community
mental health and developmental service 
13 agency, as defined in the
Community-Integrated Living 
14 Arrangements Licensure and Certification Act;

15  (4) the State Long Term Care Ombudsman Program, 
16 including any regional long term care ombudsman programs 
17 under Section 4.04 of the Illinois Act on the Aging, only 
18 for the purpose of securing background checks; or

19  (5) the Department of Corrections or a third-party 
20 vendor employing certified nursing assistants working with 
21 the Department of Corrections. 
22 "Initiate" means obtaining from
a student, applicant, or 
23employee his or her social security number, demographics, a 
24disclosure statement, and an authorization for the Department 
25of Public Health or its designee to request a 
26fingerprint-based criminal history records check; transmitting 
 
 
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1this information electronically to the Department of Public 
2Health; conducting Internet searches on certain web sites, 
3including without limitation the Illinois Sex Offender 
4Registry, the Department of Corrections' Sex Offender Search 
5Engine, the Department of Corrections' Inmate Search Engine, 
6the Department of Corrections Wanted Fugitives Search Engine, 
7the National Sex Offender Public Registry, and the List of 
8Excluded Individuals and Entities database on the website of 
9the Health and Human Services Office of Inspector General to 
10determine if the applicant has been adjudicated a sex 
11offender, has been a prison inmate, or has committed Medicare 
12or Medicaid fraud, or conducting similar searches as defined 
13by rule; and having the student, applicant, or employee's 
14fingerprints collected and transmitted electronically to the 
15Illinois State Police.

16 "Livescan vendor" means an entity whose equipment has been 
17certified by the Illinois State Police to collect an 
18individual's demographics and inkless fingerprints and, in a 
19manner prescribed by the Illinois State Police and the 
20Department of Public Health, electronically transmit the 
21fingerprints and required data to the Illinois State Police 
22and a daily file of required data to the Department of Public 
23Health. The Department of Public Health shall negotiate a 
24contract with one or more vendors that effectively demonstrate 
25that the vendor has 2 or more years of experience transmitting 
26fingerprints electronically to the Illinois State Police and 
 
 
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1that the vendor can successfully transmit the required data in 
2a manner prescribed by the Department of Public Health. Vendor 
3authorization may be further defined by administrative rule.

4 "Long-term care facility" means a facility licensed by the 
5State or certified under federal law as a long-term care 
6facility, including without limitation facilities licensed 
7under the Nursing Home Care Act, the Specialized Mental Health 
8Rehabilitation Act of 2013, the ID/DD Community Care Act, or 
9the MC/DD Act, a supportive living facility, an assisted 
10living establishment, or a shared housing establishment or 
11registered as a board and care home.

12 "Resident" means a person, individual, or patient under 
13the direct care of a health care employer or who has been 
14provided goods or services by a health care employer. 
15(Source: P.A. 101-176, eff. 7-31-19; 102-226, eff. 7-30-21; 
16102-503, eff. 8-20-21; 102-538, eff. 8-20-21; 102-813, eff. 
175-13-22.)




18 (225 ILCS 46/25)



19 Sec. 25. Hiring of people with criminal records by health 
20care employers and long-term care facilities. 

21 (a) A health care employer or long-term care facility may 
22hire, employ, or retain any individual in a position involving 
23direct care for clients, patients, or residents, or access to 
24the living quarters or the financial, medical, or personal 
25records of clients, patients, or residents who has been 
 
 
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1convicted of committing or attempting to commit one or more of 
2the following offenses only with a waiver described in Section 
340: those defined in Sections 8-1(b), 8-1.1, 8-1.2, 9-1,

49-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, 
510-2, 10-3, 10-3.1, 10-4,
10-5, 10-7, 11-1.20, 11-1.30, 
611-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1, 11-9.2, 11-9.3, 
711-9.4-1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, 
812-2, 12-3.05, 12-3.1,
12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2, 
912-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4,
12-11, 12-13, 
1012-14, 12-14.1, 12-15, 12-16, 12-19, 12-20.5, 12-21, 12-21.5, 
1112-21.6, 12-32,
12-33, 12C-5, 12C-10, 16-1, 16-1.3, 16-25,

1216A-3, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 
1319-4, 19-6, 20-1, 20-1.1,
24-1, 24-1.2, 24-1.5, 24-1.8, 
1424-3.8, or 33A-2, or subdivision (a)(4) of Section 11-14.4, or 
15in subsection (a) of Section 12-3 or subsection (a) or (b) of 
16Section 12-4.4a, of the Criminal Code of 1961 or the Criminal 
17Code of 2012; those provided in
Section 4 of the Wrongs to 
18Children Act; those provided in Section 53 of the
Criminal 
19Jurisprudence Act; those defined in subsection (c), (d), (e), 
20(f), or (g) of Section 5 or Section 5.1, 5.2, 7, or 9 of
the 
21Cannabis Control Act; those defined in the Methamphetamine 
22Control and Community Protection Act; those defined in 
23Sections 401, 401.1, 404, 405,
405.1, 407, or 407.1 of the 
24Illinois Controlled Substances Act; or subsection (a) of 
25Section 3.01, Section 3.02, or Section 3.03 of the Humane Care 
26for Animals Act.

 
 
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1 (a-1) A health care employer or long-term care facility 
2may hire, employ, or retain any individual in a position 
3involving direct care for clients, patients, or residents, or 
4access to the living quarters or the financial, medical, or 
5personal records of clients, patients, or residents who has 
6been convicted of committing or attempting to commit one or 
7more of the following offenses only with a waiver described in 
8Section 40: those offenses defined in Section 12-3.3, 
912-4.2-5,
16-2, 16-30, 16G-15, 16G-20, 17-33, 17-34, 17-36, 
1017-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 24-3.2, or 
1124-3.3, or subsection (b) of Section 17-32, subsection (b) of 
12Section 18-1, or subsection (b) of Section 20-1,
of the 
13Criminal Code of 1961 or the Criminal Code of 2012; Section 4, 
145, 6, 8, or 17.02 of the Illinois
Credit Card and Debit Card 
15Act; or Section 11-9.1A of the Criminal Code of 1961 or the 
16Criminal Code of 2012 or Section 5.1 of the Wrongs to Children 
17Act;
or (ii) violated Section 50-50 of the Nurse Practice Act.

18 A health care employer is not required to retain an 
19individual in a position
with duties involving direct care for 
20clients, patients, or residents, and no long-term care 
21facility is required to retain an individual in a position 
22with duties that involve or may involve
contact with residents 
23or access to the living quarters or the financial, medical, or 
24personal records of residents, who has
been convicted of 
25committing or attempting to commit one or more of
the offenses 
26enumerated in this subsection.

 
 
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1 (a-5) A felony conviction of any of the following offenses 
2is a disqualifying offense and requires immediate review of 
3the license, registration, or certification under the relevant 
4Acts for the professions identified in subsection (b) of 
5Section 10:
6  (1) first degree murder, under Section 9-1 of the 
7 Criminal Code of 2012;
8  (2) second degree murder, under Section 9-2 of the 
9 Criminal Code of 2012;
10  (3) predatory criminal sexual assault of a child, 
11 under Section 11-1.40 of the Criminal Code of 2012;
12  (4) aggravated criminal sexual assault, under Section 
13 11-1.30 of the Criminal Code of 2012;
14  (5) criminal sexual assault; under Section 11-1.20 of 
15 the Criminal Code of 2012;
16  (6) aggravated kidnaping, under Section 10-2 of the 
17 Criminal Code of 2012;
18  (7) kidnapping, under Section 10-1 of the Criminal 
19 Code of 2012;
20  (8) aggravated battery resulting in great bodily harm 
21 or permanent disability or disfigurement, under subsection 
22 (a) of Section 12-3.05 of the Criminal Code of 2012;
23  (9) solicitation of murder, under subsection (b) of 
24 Section 8-1 of the Criminal Code of 2012;
25  (10) solicitation of murder for hire, under Section 
26 8-1.2 of the Criminal code of 2012;
 
 
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1  (11) intentional homicide of an unborn child, under 
2 Section 9-1.2 of the Criminal Code of 2012;
3  (12) voluntary manslaughter of an unborn child, under 
4 Section 9-2.1 of the Criminal Code of 2012;
5  (13) concealment of homicidal death, if committed in 
6 the pursuance of job duties, under Section 9-3.4 of the 
7 Criminal Code of 2012;
8  (14) concealment of death, if committed in the 
9 pursuance of job duties, under Section 9-3.5 of the 
10 Criminal Code of 2012;
11  (15) aggravated unlawful restraint, under Section 
12 10-3.1 of the Criminal Code of 2012;
13  (16) forcible detention, under Section 10-4 of the 
14 Criminal Code of 2012;
15  (17) child abduction, under Section 10-5 of the 
16 Criminal Code of 2012;
17  (18) luring of a minor, under Section 10-5.1 of the 
18 Criminal Code of 2012;
19  (19) aiding or abetting child abduction, under Section 
20 10-7 of the Criminal Code of 2012;
21  (20) trafficking in person, involuntary servitude, and 
22 related offenses, under Section 10-9 of the Criminal Code 
23 of 2012;
24  (21) failure to report the death or disappearance of a 
25 child under 13 years of age, if committed in the pursuance 
26 of job duties, under Section 10-10 of the Criminal Code of 
 
 
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1 2012;
2  (22) aggravated criminal sexual abuse, under Section 
3 11-1.60 of the Criminal Code of 2012;
4  (23) indecent solicitation of a child, under Section 
5 11-6 of the Criminal Code of 2012;
6  (24) solicitation to meet a child, under Section 
7 11-6.6 of the Criminal Code of 2012;
8  (25) sexual exploitation of a child, under Section 
9 11-9.1 of the Criminal Code of 2012;
10  (26) permitting sexual abuse of a child, under Section 
11 11-9.1A of the Criminal Code of 2012;
12  (27) failure to report sexual abuse of a child, if 
13 committed in pursuance of job duties, under Section 
14 11-9.1B of the Criminal Code of 2012;
15  (28) custodial sexual misconduct, under Section 11-9.2 
16 of the Criminal Code of 2012;
17  (29) sexual misconduct with a person with a 
18 disability, under Section 11-9.5 of the Criminal Code of 
19 2012;
20  (30) promoting juvenile prostitution, under Section 
21 11-14.4 of the Criminal Code of 2012;
22  (31) patronizing a minor engaged in prostitution, 
23 under Section 11-18.1 of the Criminal Code of 2012;
24  (32) child pornography, under Section 11-20.1 of the 
25 Criminal Code of 2012;
26  (33) distributing harmful material to a minor, under 
 
 
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1 Section 11-21 of the Criminal Code of 2012;
2  (34) non-consensual dissemination of private sexual 
3 images, under Section 11-23.5 of the Criminal Code of 
4 2012;
5  (35) grooming, under Section 11-25 of the Criminal 
6 Code of 2012;
7  (36) traveling to meet a child, under Section 11-26 of 
8 the Criminal Code of 2012;
9  (37) aggravated assault, under Section 12-2 of the 
10 Criminal Code of 2012;
11  (38) aggravated battery, under Section 12-3.05 of the 
12 Criminal Code of 2012;
13  (39) aggravated battery of an unborn child, under 
14 Section 12-3.1 of the Criminal Code of 2012;
15  (40) aggravated domestic battery, under Section 12-3.3 
16 of the Criminal Code of 2012;
17  (41) criminal abuse or neglect of a long term care 
18 facility resident, under paragraph (2) of subsection (a) 
19 of Section 12-4.4a of the Criminal Code of 2012;
20  (42) aggravated intimidation, under Section 12-6.2 of 
21 the Criminal Code of 2012;
22  (43) compelling confession or information by force or 
23 threat, under Section 12-7 of the Criminal Code of 2012;
24  (44) educational intimidation, under Section 12-7.2 of 
25 the Criminal Code of 2012;
26  (45) aggravated stalking, under Section 12-7.4 of the 
 
 
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1 Criminal Code of 2012;
2  (46) tongue splitting, under Section 12-10.2 of the 
3 Criminal Code of 2012;
4  (47) sale of body parts, under Section 12-10 of the 
5 Criminal Code of 2012;
6  (48) dismembering of a human body, under Section 
7 12-20.5 of the Criminal Code of 2012;
8  (49) abuse of a corpse, under Section 12-20.6 of the 
9 Criminal Code of 2012;
10  (50) ritual mutilation, under Section 12-32 of the 
11 Criminal Code of 2012;
12  (51) ritualized abuse of child, under Section 12-33 of 
13 the Criminal Code of 2012;
14  (52) female genital mutilation, under Section 12-34 of 
15 the Criminal Code of 2012;
16  (53) inducement to commit suicide, under Section 
17 12-34.5 of the Criminal Code of 2012;
18  (54) organized retail crime; under paragraphs (1) and 
19 (2) of subsection (a) of Section 16-25.2 of the Criminal 
20 Code of 2012;
21  (55) financial exploitation of an elderly person or a 
22 person with a disability by intimidation, under Section 
23 16-1.3 of the Criminal Code of 2012;
24  (56) aggravated robbery, under subsection (b) of 
25 Section 18-1 of the Criminal Code of 2012;
26  (57) armed robbery, under Section 18-2 of the Criminal 
 
 
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1 Code of 2012;
2  (58) aggravated vehicular hijacking, under Section 
3 18-4 of the Criminal Code of 2012;
4  (59) vehicular invasion, under Section 18-6 of the 
5 Criminal Code of 2012;
6  (60) burglary, under Section 19-1 of the Criminal Code 
7 of 2012;
8  (61) aggravated arson, under Section 20-1.1 of the 
9 Criminal Code of 2012;
10  (62) aggravated unlawful use of a weapon, under 
11 Section 24-1.6 of the Criminal Code of 2012;
12  (63) unlawful manufacture or delivery of nitrous 
13 oxide, under Section 24.5-10 of the Criminal Code of 2012;
14  (64) mob action, under paragraphs (1) and (3) of 
15 subsection (a) of Section 25-1 of the Criminal Code of 
16 2012;
17  (65) terrorism, under Section 29D-14.9 of the Criminal 
18 Code of 2012;
19  (66) causing a catastrophe, under Section 29D-15.1 of 
20 the Criminal Code of 2012;
21  (67) treason, under Section 30-1 of the Criminal Code 
22 of 2012;
23  (68) perjury, under Section 32-2 of the Criminal Code 
24 of 2012;
25  (69) subordination of perjury, under Section 32-3 of 
26 the Criminal Code of 2012;
 
 
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1  (70) armed violence, under Section 33A-2 of the 
2 Criminal Code of 2012;
3  (71) solicitation of any of the offenses specified in 
4 this subsection, under subsection (a) of Section 801 of 
5 the Criminal Code of 2012;
6  (72) conspiracy to commit any of the offenses 
7 specified in this subsection, under Section 802 of the 
8 Criminal Code of 2012;
9  (73) attempt to commit any of the offenses specified 
10 in this subsection, under Section 8-4 of the Criminal Code 
11 of 2012; or
12  (74) any felony not listed for which an offense 
13 specified in this subsection is a lesser included offense.
14 This subsection applies after the effective date of this 
15amendatory Act of the 103rd General Assembly to all initial 
16applications for licensure, certification, or registration 
17with the Department of Financial and Professional Regulation 
18under the Acts specified in subsection (b) of Section 10. For 
19every licensure, certification, or registration renewal under 
20the Acts specified in subsection (b) of Section 10, the 
21Department of Financial and Professional Regulation shall 
22conduct a review of the applicant's criminal background to 
23determine whether the applicant committed an offense specified 
24in this subsection after the effective date of this amendatory 
25Act of the 103rd General Assembly.
26 (b) A health care employer shall not hire, employ, or 
 
 
HB3583- 17 -LRB103 30047 AMQ 56470 b


1retain, whether paid or on a volunteer basis, any
individual 
2in a position with duties involving direct care of clients,

3patients, or residents, and no long-term care facility shall 
4knowingly hire, employ, or retain, whether paid or on a 
5volunteer basis, any individual in a position with duties that 
6involve or may involve
contact with residents or access to the 
7living quarters or the financial, medical, or personal records 
8of residents, if the health care employer becomes aware that 
9the
individual has been convicted in another state of 
10committing or attempting to
commit an offense that has the 
11same or similar elements as an offense listed in
subsection 
12(a), or (a-1), or (a-5), as verified by court records, records 
13from a state
agency, or an FBI criminal history record check, 
14unless the applicant or employee obtains a waiver pursuant to 
15Section 40 of this Act. This shall not be construed to
mean 
16that a health care employer has an obligation to conduct a 
17criminal
history records check in other states in which an 
18employee has resided.

19 (c) A health care employer shall not hire, employ, or 
20retain, whether paid or on a volunteer basis, any individual 
21in a position with duties involving direct care of clients, 
22patients, or residents, who has a finding by the Department of 
23abuse, neglect, misappropriation of property, or theft denoted 
24on the Health Care Worker Registry. 
25 (d) A health care employer shall not hire, employ, or 
26retain, whether paid or on a volunteer basis, any individual 
 
 
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1in a position with duties involving direct care of clients, 
2patients, or residents if the individual has a verified and 
3substantiated finding of abuse, neglect, or financial 
4exploitation, as identified within the Adult Protective 
5Service Registry established under Section 7.5 of the Adult 
6Protective Services Act. 
7 (e) A health care employer shall not hire, employ, or 
8retain, whether paid or on a volunteer basis, any individual 
9in a position with duties involving direct care of clients, 
10patients, or residents who has a finding by the Department of 
11Human Services of physical or sexual abuse, financial 
12exploitation, or egregious neglect of an individual denoted on 
13the Health Care Worker Registry. 
14(Source: P.A. 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.)


15 Section 99. Effective date. This Act takes effect 6 months 
16after becoming law.