Section 50.100  Removal of an employee's name from the Illinois Department of Public Health Health Care Worker Registry

a)         A name and the finding will be removed from the Health Care Worker Registry if a grievance or arbitration proceeding overturns the action against the employee.

b)         An employee may petition, in writing, the Department of Human Services for removal of the finding against the employee at any time after the name has been placed on the Health Care Worker Registry, but not more than once in every 12 months.

c)         The petition shall be sent to the Department's Bureau of Administrative Hearings, 100 South Grand Avenue East, Springfield, Illinois 62762.

d)         The Office of Inspector General shall conduct an investigation on the petition.

e)         Following the investigation, the Department's Bureau of Administrative Hearings shall conduct a hearing in accordance with 89 Ill. Adm. Code 508 and inform the Department of its decision.

f)          At the hearing, the petitioner shall have the burden to demonstrate by a preponderance of evidence that removal of the finding from the Health Care Worker Registry is in the public interest.

g)         The hearing officer's recommended decision shall take into account, but not be limited to, the following considerations included in the petition:

1)         Statement of the nature of the abuse or neglect that has been determined to be egregious for which the petitioner's name was placed on the Health Care Worker Registry;

2)         Evidence that the petitioner is now rehabilitated, trained or educated and able to perform duties in the public interest;

3)         Evidence of the petitioner's conduct since name was placed on the Health Care Worker Registry; and

4)         Evidence of the petitioner's candor and forthrightness in presenting information in support of the petition.

h)         The Inspector General shall, upon receiving the Department's hearing decision, request the Department of Public Health to remove a finding from the Health Care Worker Registry in instances in which the hearing decision finds that it is in the public interest to do so.

(Source:  Amended at 32 Ill. Reg. 8132, effective May 16, 2008)