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 955.150 EMPLOYMENT PROHIBITION


 

Section 955.150  Employment Prohibition

 

a)         A health care employer shall not knowingly hire, employ, or retain any individual in a position with duties involving direct care for clients, patients, or residents, and no long-term care facility shall knowingly hire, employ, or retain any individual in a position with duties that involve or may involve contact with residents or access to the living quarters or the financial, medical, or personal records of residents who has been convicted of committing or attempting to commit one or more of the offenses listed in Section 25 of the Act and Section 955.160 of this Part, unless the applicant or employee obtains a waiver pursuant to this Part.  (Section 25(a) of the Act)

 

b)         A health care employer shall not hire, employ, or retain any individual in a position with duties involving direct care of clients, patients, or residents, and no long-term care facility shall knowingly hire, employ, or retain any individual in a position with duties that involve or may involve contact with residents or access to the living quarters or financial, medical, or personal records of residents, if the health care employer becomes aware that the individual has been convicted in another state of committing or attempting to commit an offense that has the same or similar elements as an offense listed in Section 955.160 of this Part as verified by court records, records from a State agency (e.g., Department of Corrections records), or an FBI criminal history record check, unless the applicant or employee obtains a waiver pursuant to this Part.  This shall not be construed to mean that a health care employer has an obligation to conduct a criminal history records check in other states in which an employee has resided.  (Section 25(b) of the Act)

 

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