TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 50 OFFICE OF INSPECTOR GENERAL INVESTIGATIONS OF ALLEGED ABUSE OR NEGLECT IN STATE-OPERATED FACILITIES AND COMMUNITY AGENCIES
SECTION 50.100 REMOVAL OF AN EMPLOYEE'S NAME AND FINDING FROM THE ILLINOIS DEPARTMENT OF PUBLIC HEALTH HEALTH CARE WORKER REGISTRY


 

Section 50.100  Removal of an Employee's Name and Finding from the Illinois Department of Public Health Health Care Worker Registry

 

a)         If a name and finding has been sent to the Health Care Worker Registry and a grievance or arbitration proceeding or a Civil Service Commission decision subsequently overturns the action against the employee, the name and finding shall be removed from the Registry.

 

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, Office of the General Counsel, 401 S. Clinton, 6th Floor, Chicago IL 60607, Attn: Bureau of Administrative Hearings.

 

d)         The Office of Inspector General shall conduct an investigation into 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)         The parties may jointly request that the administrative law judge consider a stipulated disposition of the proceedings, and if the Secretary agrees with the stipulated disposition, a hearing need not take place.

 

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

 

h)         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 physical abuse, sexual abuse or egregious neglect 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.

 

i)          The Inspector General shall, upon receiving the Department's hearing decision, request the Department of Public Health to remove a name and finding from the Health Care Worker Registry when:

 

1)         The hearing decision finds that it is in the public interest to do so; or

 

2)         The parties have jointly requested the administrative law judge consider a stipulated disposition of the proceeding and the Secretary agrees with the stipulated disposition.

 

j)          The waiver process for Department of Public Health findings does not apply to the Office of Inspector General findings on the Registry.

 

(Source:  Amended at 34 Ill. Reg. 5239, effective March 25, 2010)