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 955.130 EXCEPTIONS


 

Section 955.130  Exceptions

 

a)         The Act and this Part shall not apply to:

 

1)         An individual who is licensed by the Department of Financial and Professional Regulation or the Department of Public Health under another law of this State;

 

2)         An individual employed or retained by a health care employer for whom a criminal background check is required by another law of this State;

 

3)         A student in a health care field licensed by the Department of Financial and Professional Regulation, including, but not limited to, a student nurse, a physical therapy student, or a respiratory care student, unless he or she is employed by a health care employer in a position with duties involving direct care for clients, patients, or residents or employed by a long-term care facility in a position that involves or may involve contact with residents or access to the living quarters or the financial, medical, or personal records of residents (Section 20 of the Act); or

 

4)         A person who is employed or under contract with a health care provider to provide infrequent or occasional services, such as delivering items to the provider, equipment maintenance, grounds keeping, construction, or other similar services that are not directly related to the care of a resident, client or patient.

 

b)         As long as the individual is notified that the results of the fingerprint-based criminal history records check will be entered on the Health Care Worker Registry and the individual signs an authorization and disclosure form, nothing in this Section prohibits an educational entity, staffing agency, or health care employer from initiating a fingerprint-based criminal history records check for an individual who is:

 

1)         Licensed by the Department of Financial and Professional Regulation;

 

2)         Studying in a health care field licensed by the Department of Financial and Professional Regulation;

 

3)         Licensed by the Department of Public Health under another law of this State; or

 

4)         A volunteer. 

 

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