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 955.275 REHABILITATION WAIVER


 

Section 955.275  Rehabilitation Waiver

 

a)         The Department may consider the results of a fingerprint-based criminal history records check for a rehabilitation waiver, if sufficient time has passed since the last disqualifying conviction.  A rehabilitation waiver may be granted without a waiver application being submitted by the student, applicant, or employee.

 

b)         For an applicant to be considered for a rehabilitation waiver, the Department must have received from him or her a criminal history records check that meets the requirements of Sections 955.115 and 955.165 of this Part.

 

c)         A waiver without a waiver application shall not be granted unless the student, applicant, or employee has met the following time frames:

 

1)         Single disqualifying misdemeanor conviction – 5 years after conviction date;

 

2)         Two disqualifying misdemeanor convictions – 7 years after conviction date;

 

3)         Three or more disqualifying misdemeanor convictions – 9 years after conviction date;

 

4)         Single disqualifying felony conviction – 7 years after conviction date;

 

5)         Two disqualifying felony convictions – 9 years after conviction date; and

 

6)         Three or more felony convictions shall not be considered for a rehabilitation waiver.

 

d)         A waiver without a waiver application may be granted to an individual who has been convicted of committing or attempting to commit one or more of the offenses listed in Appendix B of this Part, if the time frames listed in subsection (c) have been met.

 

e)         Upon receipt of the results of a criminal history records check that meets the requirements set forth in Sections 955.115 and 955.165 of this Part, the Department will review the convictions reported to determine whether the convictions are disqualifying in accordance with Section 25 of the Act and Section 955.160 of this Part and whether the circumstances of the convictions meet the criteria set forth in this Section.  The Department will grant a rehabilitation waiver to the applicant if:  the criteria of this Section are met and no additional information is needed to verify completion of parole (i.e., probation or mandatory supervised release) or payment of fines or restitutions; the Health Care Worker Registry does not show any administrative findings of abuse, neglect or misappropriation of property; and the applicant or employee has no other disqualifying convictions. 

 

f)         In cases where a rehabilitation waiver is granted, a letter shall be sent to the applicant notifying the applicant that he or she has received a rehabilitation waiver.  (Section 40(c) of the Act) The waiver will be recorded in the Health Care Worker Registry.  If a rehabilitation waiver is not granted, the individual may apply for a waiver by submitting a completed waiver application pursuant to Section 955.260 of this Part.

 

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