Illinois Administrative Code
Title 77 - PUBLIC HEALTH
Part 955 - HEALTH CARE WORKER BACKGROUND CHECK CODE
Section 955.190 - Notification to Student, Applicant, or Employee
Universal Citation: 77 IL Admin Code ยง 955.190
Current through Register Vol. 48, No. 12, March 22, 2024
a) The student, applicant, or employee shall be notified of each of the following whenever a fingerprint-based criminal history records check is requested pursuant to the Act and this Part:
1)
That the
educational entity, staffing agency, workforce intermediary,
organization that provides pro bono legal services, or health care
employer shall initiate a fingerprint-based criminal history records check of
the student, applicant, or employee required by
theAct and this Part. (Section 33(k) of the
Act)
2) That a
health care employer may initiate a fingerprint-based background check
required by theAct and this Part for any of
its employees. The results of any fingerprint-based background check that is
initiated pursuant to the Act and this Part shall be entered
in the Health Care Worker Registry. (Section 33(f) of the
Act)
3)
That the student,
applicant, or employee has a right to obtain a copy of the criminal records
reportthat 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)
4)
Thatthe applicant, if hired conditionally, may be
terminated if thecriminal records report indicates that the
applicant has a record of conviction of any of the criminal offenses enumerated
in Section
955.160,
unless a waiver is obtained pursuant to this Part. (Section 33(k) of the
Act)
5)
That the applicant,
if not hired conditionally, shall not be hired if thecriminal
records report indicates that the applicant has a record of conviction of any
of the criminal offenses enumerated in Section 955.160, unless a
waiver is obtained pursuant to this Part. (Section 33(k) of the Act)
6)
That the
employeeshall 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, unless a waiver is obtained
pursuant to this Part. (Section 33(k) of the Act)
7) That if, after the employee has
originally been determined not to have disqualifying offenses, the employer is
notified that the employee has a new conviction or convictions of any of the
criminal offensesin 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(k)(6) of the
Act)
b) The Department of Public Health or an entity responsible for inspecting, licensing, certifying, or registering the health care employer or long-term care facility shall be immune from liability for notices given based on the results of a fingerprint-based criminal history record check. (Section 33(m) of the Act)
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