Current through Register Vol. 48, No. 12, March 22, 2024
a) The Department will consider an
application for a waiver from individuals who have been convicted of committing
or attempting to commit one or more of the offenses listed in Appendix C upon
receipt of a complete application and the results of a fingerprint-based
criminal history records check in accordance with Sections
955.115
and
955.165.
b) An application for a waiver shall be
denied unless the individual meets the following requirements and submits
documentation thereof with the waiver application:
1) Except in the instance of payment of
court-imposed fines or restitutions in which the individual is adhering to a
payment schedule, the individual shall have met all obligations to the court
and under terms of parole (i.e., probation or mandatory supervised release has
been successfully completed); and
2) The individual shall have satisfactorily
completed a drug and/or alcohol recovery program, if drugs and/or alcohol were
involved in the offense and the individual was ordered to participate in a
rehabilitation program as part of the judgment.
c) The Department may grant a waiver based on
the following information provided by the individual and the results of the
fingerprint-based criminal history records check:
1)
The age of the individual
at the time of the offense;
2)
A written explanation of each
conviction to include what happened, how many years have passed since the
offense, the individuals involved, and any other circumstances surrounding the
offense (Section 40(a) of the Act);
3) The individual's work history;
4) The individual's criminal history since
the disqualifying conviction, to include the results of the Illinois criminal
history records report, convictions in other states, and federal
convictions;
5) The individual's
record on another state's registry for certified nursing assistants, if the
individual was certified as a nursing assistant in another state;
6) The individual's completion of
rehabilitation if ordered as part of the judgment to participate in a
rehabilitation program;
7)
Official documentation showing that all fines have been paid, if
applicable; if on a court-imposed payment schedule for fines or
restitution, whether the individual is adhering to a payment schedule;
the date probation or mandatory supervised release or
parole was satisfactorily completed, if applicable; and whether all
terms of parole (i.e., conditional discharge, probation or mandatory supervised
release) have been successfully completed (Section 40(a) of the Act);
8)
Employment and character
references, if the individual submits references;
and
9) Any other
evidence demonstrating the ability of the individual
to perform the employment responsibilities competently and evidence
that the individual does not pose a threat to the health or
safety of residents, patients, or clients, if
submitted by the individual, which may include, but is not limited to, the
individual's participation in anger management or domestic violence prevention
programs. (Section 40(b) of the Act)
d) Waivers will not be granted to individuals
who have not met the following time frames.
1)
Single disqualifying misdemeanor conviction - no earlier than one year after
the conviction date;
2) Two to
three disqualifying misdemeanor convictions - no earlier than three years after
the most recent conviction date;
3)
More than three disqualifying misdemeanor convictions - no earlier than five
years after the most recent conviction date;
4) Single disqualifying felony convictions -
no earlier than three years after the conviction date;
5) Two to three disqualifying felony
convictions - no earlier than five years after the most recent conviction
date;
6) More than three
disqualifying felony convictions - no earlier than 10 years after the most
recent conviction date.
e) Waivers will not be granted to individuals
who have been convicted of committing or attempting to commit one or more of
the offenses listed in Appendix A.
f) The Department will inform health
care employers if a waiver is being sought by entering a record
notation on the Health Care Worker Registry that a waiver is pending
and must act upon the waiver request within 30 days after
receipt of all necessary information pursuant to Section
955.260
. If a waiver is granted, denied, or revoked, that information
will be entered on the Health Care Worker Registry. The Department will
send an individual written notification of its decision
whether to grant a waiver, including listing the specific disqualifying
offenses for which the waiver is being granted or denied. The Department shall
issue additional copies of this written notification upon the
individual's request. (Section 40(c) of the Act)
g) Appeal Process for Convictions Listed in
Appendix A:
1) An appeal process is available
for individuals who have been denied a waiver because of a conviction for
committing or attempting to commit one or more offenses listed in Appendix A.
All of the following must be provided for an appeal to be considered:
A) A letter appealing the denial of the
waiver, in which the individual states his or her reasons for requesting the
appeal;
B) The original waiver
application that was completed pursuant to Section
955.260
and any additional information provided when the waiver was denied;
C) A copy of the police report generated at
the time of arrest for all disqualifying convictions listed in Section
955.160;
and
D) A transcript of the trial or
court proceedings for all disqualifying convictions listed in Section
955.160.
2) An appeal
will be denied unless the individual meets the following requirements and
submits documentation with the appeal:
A)
Except in the instance of payment of court-imposed fines or restitutions in
which the individual is adhering to a payment schedule, the individual shall
have met all obligations to the court and under terms of parole (i.e.,
probation or mandatory supervised release has been successfully completed) 10
or more years prior to the submission of the appeal;
B) The individual shall have satisfactorily
completed a drug and/or alcohol recovery program 10 or more years prior to the
submission of the appeal, if drugs and/or alcohol were involved in the
disqualifying offense and the individual was ordered to participate in a
rehabilitation program as part of the judgment. The individual shall not have
been ordered to participate in another drug and/or alcohol program during the
10 years prior to the submission of the appeal for any offense.
3) The Director or designee will
consider the information submitted with the appeal application and the results
of a fingerprint-based criminal history records check to determine whether to
grant a waiver as a result of an appeal. If the Director or designee determines
that the individual does not pose a threat to the health or safety of
residents, patients, or clients, the Director will issue a waiver.
h) Waiver Revocation
1) The Department will automatically revoke a
waiver if the waiver recipient is convicted of any additional disqualifying
offense.
2) The Department will
automatically revoke a waiver granted for a conviction of an offense listed in
Appendix A if the waiver recipient is convicted of any additional crimes, other
than a minor traffic violation, regardless of whether the offense is
disqualifying.
i)
The entity responsible for inspecting, licensing, certifying, or
registering the health care employer and the Department of Public Health shall
be immune from liability for any waivers granted or not granted under this
Section. (Section 40(e) of the Act)