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 955.190 NOTIFICATION TO STUDENT, APPLICANT, OR EMPLOYEE


 

Section 955.190  Notification to Student, Applicant, or Employee

 

The student, applicant, or employee must be notified of each of the following whenever a fingerprint-based criminal history records check is requested pursuant to the Act:

 

a)         That the educational entity, health care employer or long-term care facility shall initiate a fingerprint-based criminal history records check requested by the Department of Public Health of the student, applicant, or employee pursuant to this Part.  (Section 33(k) of the Act)  

 

b)         That a direct care employer may initiate a fingerprint-based background check requested by the Department of Public Health for any of its employees.   The results of any fingerprint-based background check that is initiated with the Department as the requestor shall be entered in the Health Care Worker Registry.  (Section 33(f) of the Act)

 

c)         That the student, applicant or employee has a right to obtain a copy of the criminal records report that indicates a conviction for a disqualifying offense and challenge the accuracy and completeness of the report through an established Department of State Police procedure for Access and Review, and request a waiver in accordance with this Part.  (Section 33(k) of the Act)

 

d)         That the applicant, if hired conditionally, may be terminated if the criminal records report indicates that the applicant has a record of conviction of any of the criminal offenses enumerated in Section 955.160 of this Part, unless a waiver is obtained pursuant to this Part.  (Section 33 (k) of the Act)   

 

e)         That the applicant, if not hired conditionally, shall not be hired if the  criminal records report indicates that the applicant has a record of conviction of any of the criminal offenses enumerated in Section 955.160 of this Part, unless a waiver is obtained pursuant to this Part.  (Section 33 (k) of the Act)

 

f)         That the employee shall be terminated if the criminal records report indicates that the employee has a record of conviction of any of the criminal offenses enumerated in Section 955.160 of this Part, unless a waiver is obtained pursuant to this Part.  (Section 33 (k) of the Act)

 

g)         That if, after the employee has originally been determined not to have disqualifying offenses, the employer is notified that the employee has a new convictions of any of the criminal offenses in Section 25 of the Act and Section 955.160 of this Part, then the employee shall be terminated.  The employee may seek to obtain a waiver pursuant to this Part.  (Section 33(h) of the Act)

 

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