TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER u: MISCELLANEOUS PROGRAMS AND SERVICES
PART 955 HEALTH CARE WORKER BACKGROUND CHECK CODE
SECTION 955.110 DEFINITIONS


 

Section 955.110  Definitions

 

The following terms have the meaning ascribed to them whenever the term is used in this Part:

 

"Act" – the Health Care Worker Background Check Act [225 ILCS 46].

 

"Applicant" – an individual seeking employment with a health care employer who has received a bona fide conditional offer of employment.  (Section 15 of the Act)

 

"Conditional offer of employment" – a bona fide offer of employment by a health care employer to an applicant, which is contingent upon the receipt of a report from the Department of Public Health indicating that the applicant does not have a record of conviction of any of the criminal offenses enumerated in Section 25 of the Act and Section 955.160 of this Part.  (Section 15 of the Act)

 

"Contracted or Subcontracted Worker" – an individual who provides direct care for clients, patients, or residents or who works for a long-term care facility in a position that involves or may involve contact with residents or access to the living quarters or financial, medical, or personal records of long-term care residents under an arrangement other than as an employee.

 

"Demographic data" − information collected by a livescan vendor concerning an applicant, including, but not limited to, name, address, date of birth, race, height, and eye color.

 

"Department" – the Illinois Department of Public Health.

 

"Designee" − a person or committee designated in writing by the Director.

 

"Direct care" – the provision of nursing care or assistance with feeding, dressing, movement, bathing, toileting, or other personal needs, including home services as defined in the Home Health, Home Services, and Home Nursing Agency Licensing Act(Section 15 of the Act)

 

"Director" – the Director of the Department of Public Health.

 

"Disqualifying offense" – an offense listed in Section 25 of the Act and Section 955.160 of this Part.

 

"Educational entity" – a community college, community agency, or private business that conducts educational programs in which individuals learn the skills to provide health care services to clients, residents, or patients.

 

"Employee" – any individual hired, employed, or retained to whom the Act applies as set forth in Section 10 of the Act and Section 955.100 of this Part. (Section 15 of the Act)

 

"Fee applicant inquiry" – a fingerprint-based criminal history records check requested by an agency of the State of Illinois (in this Part, the Department of Public Health) through the Department of State Police.  The Department of State Police stores the fingerprints and provides notification back to the requesting State agency if there is a new conviction associated with the fingerprints.

 

"Fingerprint-based criminal history records check" – a livescan fingerprint-based criminal history records check of the Illinois criminal history records information file with the Department as the requestor and submitted as a fee applicant inquiry in the form and manner prescribed by the Department of State Police.  (Section 15 of the Act)

 

"Health care employer":

 

the owner or licensee of any of the following:

 

a community living facility, as defined in the Community Living Facilities Licensing Act;

 

a life care facility, as defined in the Life Care Facilities Act;

 

a long-term care facility;

 

a home health agency, home services agency, or home nursing agency, as defined in the Home Health, Home Services, and Home Nursing  Agency Licensing Act;

 

a hospice care program or volunteer hospice program, as defined in the Hospice Program Licensing Act;

 

a hospital, as defined in the Hospital Licensing Act;

 

an establishment licensed under the Assisted Living and Shared Housing Act;

 

the University of Illinois Hospital, Chicago;

 

programs listed by the Emergency Medical Services (EMS) Systems Act as Freestanding Emergency Centers; or

 

locations licensed under the Alternative Health Care Delivery Act. (Section 15 of the Act)

 

"Health Care Worker Registry" – a registry maintained by the Department of Public Health or its designee that includes a registry for nurse aides pursuant to Section 3-206.01 of the Nursing Home Care Act, and that includes background check and training information for health care employees pursuant to the Act.

 

"Initiate" – obtaining from a student, applicant, or employee his or her social security number, demographics, a disclosure statement, and an authorization for the Department of Public Health or its designee to request a fingerprint-based criminal history records check; transmitting this information electronically to the Department of Public Health or its designee; conducting Internet searches on certain web sites from links provided through the Health Care Worker Registry, and having the student's, applicant's, or employee's fingerprints collected directly by a livescan vendor and transmitted electronically to the Department of State Police.  (Section 15 of the Act)

 

"Livescan technician" − an individual who is trained to collect fingerprints on livescan equipment and who meets any licensing requirements of the State or federal government.

 

"Livescan vendor" – an entity whose equipment has been certified by the Department of State Police to collect an individual's demographics and inkless fingerprints and, in a manner prescribed by the Department of State Police and the Department of Public Health, electronically transmit the fingerprints and required data to the Department of State Police and a daily file of required data to the Department of Public Health.  The Department of Public Health shall negotiate a contract with one or more vendors that effectively demonstrate that the vendor has 2 or more years of experience transmitting fingerprints electronically to the Department of State Police and that the vendor can successfully transmit the required data in a manner prescribed by the Department of Public Health.  (Section 15 of the Act)

 

"Long-term care facility" – a facility licensed by the State or certified under federal law as a long-term care facility, including without limitation facilities licensed under the Nursing Home Care Act, a supportive living facility, an assisted living establishment, or a shared housing establishment or registered as a board and care home.  (Section 15 of the Act)

 

"Parole; Mandatory Supervised Release" – Except when a term of natural life is imposed, every sentence includes a term in addition to the term of imprisonment.  For those sentenced under the law in effect before February 1, 1978, that term is a parole term.  For those sentenced on or after February 1, 1978, that term is a mandatory supervised release term.

 

"Rehabilitation waiver" – A waiver that the Department grants based solely upon the results of a fingerprint-based criminal history records check without a waiver application being submitted to the Department.

 

"Staffing agency" – Any individual or business entity:  whose profession is job counseling (Section 60 of the Act); or that contracts or subcontracts its workers or services to a health care employer.

 

"UCIA criminal history records check" – a check of criminal history information conducted by the Department of State Police in accordance with the Uniform Conviction Information Act (UCIA) [20 ILCS 2635].

 

"Web application" – a computer program on the Department's intranet that is titled "HCW Background Check Registry" and is accessed by signing in through the Department's secure web portal.  This program is used to initiate fingerprint-based criminal history records checks as a fee applicant inquiry.

 

(Source:  Amended at 33 Ill. Reg. 5378, effective March 26, 2009)