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 955.285 LIVESCAN VENDORS
Section 955.285 Livescan Vendors
a) The livescan vendor shall determine a fee for collecting fingerprints and shall determine an area of the State in which to provide service.
b) Any livescan vendor meeting the requirements of this Section may individually enter into a standardized contract with the Department. A livescan vendor contracted to provide livescan non-criminal fingerprinting services, in a format consistent with a fee applicant inquiry, shall meet the following requirements:
1) The livescan vendor shall use only equipment that has been certified by the Department of State Police to collect inkless fingerprints and software that is up to date and meets the requirements of the Department of State Police for fee applicant submissions. (Section 15 of the Act)
A) The vendor shall maintain backup equipment to provide scheduled fingerprinting in case of livescan equipment failure.
B) For any applicant to whom the vendor agrees to provide service, no applicant shall be forced to exceed the 10-day limit of having his or her fingerprints collected due to equipment failure or the vendor's lack of availability.
2) For any applicant to whom the vendor agrees to provide service, the vendor shall provide fingerprinting within seven calendar days after a request. Fingerprinting shall be performed at a location within the county of the applicant's residence for counties with a population more than 100,000 and for small counties either within the county of the applicant's residence or within 35 miles of the facility providing the Livescan Request Form. For any facility to which the vendor agrees to provide service, the vendor will make available special on-site fingerprinting sessions for groups of 20 or more. The vendor shall provide a reasonable amount of weekend and after 5:00 p.m. hours.
3) The vendor shall electronically transmit the fingerprints and required data to the Department of State Police through a secure network within one business day after the fingerprints are collected. (Section 15 of the Act) The fingerprint image and demographic data shall comply with all Electronic Fingerprint Submission Specifications (EFSS) of the Department of State Police (http://www.isp.state.il.us/docs/9-054.pdf) and all Electronic Fingerprint Transmission Specifications standards of the Federal Bureau of Investigation http://www.fbi.gov/hq/cjisd/iafis/efts70/cover.htm
4) The vendor shall collect demographic data from the applicant and electronically transmit a daily file of required data successfully to the Department of Public Health in a manner prescribed by the Department within one business day after the fingerprints are collected. (Section 15 of the Act) All data records from one business day shall be transmitted in one data file to the Department of Public Health in the prescribed format.
A) The daily file shall contain demographic data, including, but not limited to, name, address, social security number, transaction control number (TCN), state and city.
B) The vendor shall provide the Department with access to the electronic file transmitted to the Department of State Police.
C) The vendor shall be responsible for all costs of fingerprint collection equipment, processing, transmission, and data storage. The Department is under no obligation to change any of its processes to coordinate with the vendor's equipment. The vendor shall conform to the Department's requirements for receiving data.
5) The vendor shall archive (store, back up, retrieve, etc.) the fingerprints transmitted to the Department of State Police and the daily files transmitted to the Department in a secure manner for the contract period so that the Department, an individual, educational entity or health care employer can verify at a later date that a specific print or daily file was submitted or can resubmit the print or daily file. Upon expiration or termination of the contract, the vendor shall provide the stored data to the Department in the format requested by the Department.
6) The vendor shall respond to any follow-up inquiries and provide any reports required by the Department.
7) The vendor shall effectively demonstrate, through a verification provided by the Department of State Police, that the vendor's business entity has 2 or more years of successful experience transmitting fingerprints electronically to the Department of State Police. (Section 15 of the Act)
8) Only livescan technicians who have had a fingerprint-based criminal history records check and no disqualifying convictions as listed in Section 25 of the Act and Section 955.160 of this Part may collect fingerprints and transmit the data files electronically to a vendor.
9) The vendor shall provide a means for users (i.e., individuals, educational entities or health care employers) to pay the vendor the amount due to the Department of State Police for livescan fingerprints submitted for criminal history records checks.
A) The vendor shall act as designee for the user in paying fees into the State Police Services Fund. The vendor shall maintain or provide a means of prepayment. Charges for the vendor's livescan services and the amount due to the Department of State Police shall be charged against this prepaid account. The vendor shall provide either an on-line or a paper record of account transactions to a user at least monthly. The vendor shall determine the amount of prepaid balance to be kept in the account by the user, based upon the frequency of the user's charges against the account.
B) The vendor may charge an additional amount to compensate for maintaining the accounts. The vendor may refrain from transmitting any prints to the Department of State Police if the user's account does not have funds to pay for the prints being submitted. The vendor shall notify the Department of State Police, the Department and the educational entity, staffing agency, or health care employer when a fingerprint transmission is retained because of lack of funds in the user's account.
C) The vendor may deny a prepaid account to any user that is unable to maintain the account with fewer than 60 days past due until the user pays the balance due in the account. If the user becomes more than 60 days past due on a second occasion, the vendor is not required to offer the service of providing a prepaid account to the user.
D) The vendor shall promptly transmit funds due to the Department of State Police.
E) All costs associated with the fee applicant fingerprint-based criminal history records check through the Department of State Police shall be paid either by the applicants or the facilities.
10) The vendor shall require the student, applicant or employee to present current, valid government-issued photo identification or other valid identification. The vendor shall screen all applicants at the time of fingerprinting to ensure that the applicant is being fingerprinted for the purpose intended. Only individuals presenting a Livescan Request Form generated from the Health Care Worker Registry's web application shall be allowed to be fingerprinted under the Department's process of initiating fingerprint-based criminal history records checks as a fee applicant inquiry. The vendor shall complete the bottom portion of the Livescan Request Form and return it to the applicant to confirm that the applicant was successfully fingerprinted. The vendor may charge an amount in addition to the rate of the livescan services to compensate for credit card fees.
11) Fingerprints shall be collected directly from the student's, applicant's or employee's hand, consisting of 10 rolled impressions and 10 slap impressions in a format consistent to fee applicant submission. The vendor shall collect only livescan fingerprints, not card scan fingerprints.
12) If an individual's fingerprints are rejected by the Department of State Police, the vendor shall collect a second set of fingerprints. The vendor shall not charge for collecting the second set of fingerprints.
13) A vendor that has a rejection rate from the Department of State Police of 2% or greater shall not continue to collect fingerprints for the Department's process of fee applicant criminal history records check inquiries.
14) A vendor that has a rejection rate from the Department of Public Health of 5% or greater shall not continue to collect fingerprints for the Department's process of fee applicant criminal history records check.
15) The vendor shall provide a single point of contact for applicants or facilities to schedule fingerprinting (such as a toll free number, website, etc.).
(Source: Added at 33 Ill. Reg. 5378, effective March 26, 2009)