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 955.170 NON-FINGERPRINT-BASED UCIA CRIMINAL HISTORY RECORDS CHECK


 

Section 955.170  Non-Fingerprint-Based UCIA Criminal History Records Check

 

This Section applies to health care employers and educational entities that have not yet been brought into the Department's fingerprint process.

 

a)         A health care employer who makes a conditional offer of employment to an applicant who is not exempt under Section 955.130 of this Part shall check the Health Care Worker Registry for the date of the applicant's last UCIA criminal history records check.  If more than 12 months have passed since the records check, the health care employer shall initiate or have initiated on its behalf a UCIA criminal history records check for that applicant.

 

b)         An educational entity, other than a secondary school, conducting a nurse aide training program must initiate a UCIA criminal history records check prior to entry of an individual into the training program.

 

c)         The health care employer or educational entity shall transmit all necessary information and fees to the Department State Police within 10 working days after receipt of the authorization for a UCIA criminal history records check.

 

d)         The health care employer may accept the results of an authentic UCIA criminal history records check that has been conducted within the last 12 months rather than initiating a check as required in subsection (a) of this Section.

 

e)         The request for a UCIA criminal history records check shall be made as prescribed by the Department of State Police.

 

f)         A health care employer may conditionally employ an employee for up to three months pending the results of a UCIA criminal history records check.

 

g)         The health care employer shall inform the applicant or employee of his or her right to obtain a copy of the criminal records report from the health care employer, challenge the accuracy of the report, and request a waiver in accordance with this Part. 

 

h)         The health care employer shall send a copy of the results of the UCIA criminal history records check for any employee to the Health Care Worker Registry.

 

i)          The health care employer shall develop policies concerning employment of individuals whose criminal history records checks indicate convictions for offenses that are not disqualifying.

 

j)          If a student, applicant, or employee challenges the results of the non-fingerprint-based UCIA criminal history records check or if a non-fingerprint-based UCIA criminal history records check does not identify the individual's criminal history records due to multiple common names, a fingerprint-based UCIA criminal history records check shall be conducted.

 

k)         The fingerprint-based UCIA criminal history records check will not be accepted for a waiver application after implementation of the process of initiating a fingerprint-based criminal history records check through the web application.

 

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