Section 395.170   Program Operation

a)         An educational entity, other than a secondary school, conducting a Nurse Aide Training Program shall initiate a UCIA criminal history records check in accordance with the requirements of the Health Care Worker Background Check Act [225 ILCS 46] prior to entry of an individual into the training program.  A secondary school may initiate a UCIA Criminal History Record Check prior to the entry of an individual into a training program. (Section 3-206(a-0.5) of the Act)

b)         For the purpose of this Section, "initiate" means the obtaining of the authorization for a record check from a student.  The educational entity shall transmit all necessary information and fees to the Illinois State Police within 10 working days after receipt of the authorization.  (Section 15(3) of the Health Care Worker Background Check Act) Authorization shall be requested on the first day of class.

c)         The results of the criminal history record check shall be attached to the student's competency test application.  If the student does not complete a test application or takes the competency test prior to receiving the results of the criminal history record check, the program shall submit the results to the Department.  The program shall also provide the student with a copy of the results.

d)         The program shall provide counseling to all individuals seeking admission to the program concerning the Health Care Worker Background Check Act.  The counseling must include, at a minimum:

1)         notification that a UCIA criminal history record check will be initiated in accordance with subsection (a) above;

2)         a clear statement that a UCIA Criminal Background Check is required for the individual to work as a nursing assistant, developmental disabilities aide, or basic child care/habilitation aide in Illinois; and

3)         a listing of those Sections of the Criminal Code of 1961 [720 ILCS 5], the Cannabis Control Act [720 ILCS 550], and the Illinois Controlled Substances Act [720 ILCS 570] for which a conviction would disqualify the individual from finding employment as a nursing assistant.

e)         Ten working days prior to the start of the actual training program, an updated master schedule, in accordance with Section 395.110(b)(5) of this Part, shall be submitted to the Department.

f)          Any change in program content, objectives, or instructors shall be submitted to the Department at least thirty days prior to program delivery.

g)         In the Basic Nursing Assistant Training Program, the program shall require each student to show competency of Department approved manual skills by hands-on return demonstration. The manual skills evaluation shall be conducted by an approved evaluator.  Approved evaluators employed by a facility may not evaluate students trained by the facility program. The facility shall assure that an approved evaluator who is not an approved instructor meets the requirements of Section 395.160 of this Part.

(Source:  Amended at 22 Ill. Reg. 4057, effective February 13, 1998)