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| Public Act 103-0695
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| HB5218 Enrolled | LRB103 39106 CES 69246 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Nursing Home Care Act is amended by |
changing Section 3-206 as follows:
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(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 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 |
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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. During a statewide |
public health emergency, as defined in the Illinois |
Emergency Management Agency Act, all nursing assistants, |
habilitation aides, and child care aides shall, to the |
extent feasible, complete the training. The Department |
shall adopt rules for such courses of training. These |
rules shall include procedures for facilities to carry on |
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an approved course of training within the facility. The |
Department shall allow an individual to satisfy the |
supervised clinical experience requirement for placement |
on the Health Care Worker Registry under 77 Ill. Adm. Code |
300.663 through supervised clinical experience at an |
assisted living establishment licensed under the Assisted |
Living and Shared Housing Act. The Department shall adopt |
rules requiring that the Health Care Worker Registry |
include information identifying where an individual on the |
Health Care Worker Registry received his or her clinical |
training. |
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 Department shall accept on-the-job experience in |
lieu of clinical training from any individual who |
participated in the temporary nursing assistant program |
during the COVID-19 pandemic before the end date of the |
temporary nursing assistant program and left the program |
in good standing, and the Department shall notify all |
approved certified nurse assistant training programs in |
the State of this requirement. The individual shall |
receive one hour of credit for every hour employed as a |
temporary nursing assistant, up to 40 total hours, and |
shall be permitted 90 days after the end date of the |
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temporary nursing assistant program to enroll in an |
approved certified nursing assistant training program and |
240 days to successfully complete the certified nursing |
assistant training program. Temporary nursing assistants |
who enroll in a certified nursing assistant training |
program within 90 days of the end of the temporary nursing |
assistant program may continue to work as a nursing |
assistant for up to 240 days after enrollment in the |
certified nursing assistant training program. As used in |
this Section, "temporary nursing assistant program" means |
the program implemented by the Department of Public Health |
by emergency rule, as listed in 44 Ill. Reg. 7936, |
effective April 21, 2020. |
The Department shall adopt rules that require the |
certification exam for nursing assistants to be offered in |
both English and Spanish. The Department shall not place |
any restrictions on which candidates may take the exam in |
Spanish instead of English, including, but not limited to, |
any requirement to be employed by a facility prior to |
testing or any requirement for a specified number of |
facility residents to speak a specific language. |
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. |
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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 |
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Registry under the Health Care Worker Background Check Act 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 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. |
(e) Each facility shall obtain access to the 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 |
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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 |
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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. |
An individual employed during the COVID-19 pandemic as a |
nursing assistant in accordance with any Executive Orders, |
emergency rules, or policy memoranda related to COVID-19 shall |
be assumed to meet competency standards and may continue to be |
employed as a certified nurse assistant when the pandemic ends |
and the Executive Orders or emergency rules lapse. Such |
individuals shall be listed on the Department's Health Care |
Worker Registry website as "active". |
(Source: P.A. 103-1, eff. 4-27-23.)
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