(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.
(c) The Department of Public Health
must inform health care employers if a waiver is being sought by entering a record on the Health Care Worker Registry that a waiver is pending and must act upon the waiver request within 30 days
receipt of all necessary information, as defined by rule. Except 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 an automatic waiver.
(d) An individual shall not be employed from the
time that the employer receives a notification from the Department of Public Health based upon the results of a fingerprint-based criminal history records check
containing disqualifying conditions until the time that the individual receives
(e) The entity responsible for inspecting, licensing,
registering the health care employer and the Department of Public Health shall be immune from liability for any
waivers granted under this Section.
(f) A health care employer is not obligated to employ or offer
employment to an applicant, or to retain an employee who is granted a waiver
under this Section.
(Source: P.A. 95-120, eff. 8-13-07; 95-545, eff. 8-28-07; 95-876, eff. 8-21-08; 96-565, eff. 8-18-09.)