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              ILLINOIS REGISTER 5395
09
DEPARTMENT OF PUBLIC HEALTH
NOTICE OF ADOPTED AMENDMENTS
Section 955.140 (Policy Defining Direct Care) is being amended to change the Section
name to "Policies Defining Employee Work Positions" and to clarify the difference
between direct care employees and employees in long-term care.
Section 955.145 (Employment Verification) is being added to incorporate new statutory
language from PA 95-0120, including penalties for failure to comply with the regulations.
Section 955.150 (Employment Prohibition) is being amended to add statutory language
from PA 95-0120 that clarifies requirements for long-term care facilities and the
obligation for applicants to get a waiver for certain offenses.
Section 955.160 (Disqualifying Offenses) is being amended to add to the list of
disqualifying offenses to be consistent with offenses that were added to the Act on July
24, 2006.
Section 955.165 (Fingerprint-Based Criminal History Record Check) is being added to
establish the statutory requirements for initiating electronic fingerprint-based criminal
history records checks for health care workers.
Section 955.170 (Non-Fingerprint-Based UCIA Criminal History Records Check) is
being amended to clarify that the Section applies to health care employers and
educational entities that have not yet been brought into the Department's fingerprint
process.
The title of Section 955.180 (Criminal History Records Checks after January 1, 2004) is
being changed to "Criminal History Records Checks after Implementation." Also, the list
of disqualifying offenses requiring a waiver is being struck, and a cross-reference to
Section 955.160 is being added.
The title of Section 955.190 (Notification to Applicant or Employee) is being changed to
"Notification to Student, Applicant, or Employee" to reflect changes to the Act from PA
95-0120, and to the Section. Also, references to "non-fingerprint-based" background
checks are being struck and the requirement for a waiver added.
Section 955.200 (Submission of Criminal History Records Check Results to Nurse Aide
Registry) is being repealed.
Section 955.220 (Health Care Employer Files) is being amended to update record-keeping
requirements of health care employers regarding background checks of
employees.