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 955.260 APPLICATION FOR WAIVER


 

Section 955.260  Application for Waiver

 

a)         Any student, applicant, or employee listed on the Health Care Worker Registry may request a waiver of the prohibition against employment by :

 

1)         Completing a waiver application on a form prescribed by the Department of Public Health:

 

A)        If the applicant has previously been employed, the applicant shall provide an entire work history or attach a complete resumé;

 

B)        If the applicant has been convicted in another state, the applicant shall provide information concerning those convictions or attach the complete results of a criminal history records check from the other states;

 

C)        If the applicant has a federal conviction, the applicant shall provide information concerning that conviction or attach the complete results of a criminal history records check from the Federal Bureau of Investigation; and

 

D)        If the applicant has been certified as a nurse aide in another state, the applicant shall attach certificates or verifications;

 

2)         Providing a written explanation of each conviction, to include:

 

A)        what happened;

 

B)        how many years have passed since the offense;

 

C)        the individuals involved;

 

D)        the age of the applicant at the time of the offense; and

 

E)        any other circumstances surrounding the offense (Section 40(a) of the Act);

 

3)         Providing proof of completion of a rehabilitation program, if the use of alcohol or other drugs was involved in the offense, and the individual was ordered to participate in a rehabilitation program as part of the judgment;

 

4)         Providing official documentation showing that all fines have been paid, if applicable, except in the instance of payment of court-imposed fines or restitutions in which the applicant is adhering to a payment schedule, and the date probation (or mandatory supervised release) or parole was satisfactorily completed, if applicable  (Section 40(a) of the Act); and

 

5)         Submitting the results of a fingerprint-based criminal history records check.

                                   

b)         The applicant may, but is not required to, submit employment and character references and any other evidence demonstrating the ability of the applicant or employee to perform the employment responsibilities competently and evidence that the applicant or employee does not pose a threat to the health or safety of residents, patients, or clients.  (Section 40(b) of the Act)

 

c)         A request for a waiver will automatically be denied unless the applicant has met the time periods in Section 955.270(d).

 

d)         Each request for waiver consideration shall be accompanied by a fully completed waiver application.  The waiver application will not be deemed complete until the Department has received all of the information required by this Section.

                                               

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