ILLINOIS REGISTER 5421
DEPARTMENT OF PUBLIC HEALTH
NOTICE OF ADOPTED AMENDMENTS
records due to multiple common names, a fingerprint-based UCIA criminal
history records check shall be conducted.
k) The fingerprint-based UCIA criminal history records check will not be accepted
for a waiver application after implementation of the process of initiating a
fingerprint-based criminal history records check through the web application.
(Source: Amended at 33 Ill. Reg. 5378, effective March 26, 2009)
Section 955.180 Criminal History Records Checks after ImplementationJanuary 1, 2004
a) A fingerprint-based criminal history records check is not requiredA UCIA
criminal history record check need not be redone for health care employees who
have been continuously employed by a health care employer prior to the
implementation of the fingerprint-based criminal history records check as a fee
applicant inquiry pursuant to Section 955.115 of this Part, have met the
requirements for criminal history background checks prior to the implementation,
and have no convictions that were disqualifying at the time that the background
check was initiated, or have requested and received a waiver of those
disqualifying convictions pursuant to this Part. These employees shall be retained
on the Health Care Worker Registry as long as they remain active. Nothing in the
Act or this Part shall be construed to prohibit a health care employer from
initiating a new criminal history records check for these employees. Should these
employees seek a new position with a different health care employer, then a
fingerprint-based criminal history records check shall be required and all of the
convictions listed in Section 25 of the Act and Section 955.160 of this Part shall
be considered disqualifying. (Section 33(a) of the Act) prior to and since
January 1, 2004; however, nothing in this Section prohibits a health care
employer from initiating a criminal history record check for these employees.
(Section 25(a-1) of the Act)
b) ForA criminal history record check shall be initiated for any direct care employee
employed after October 1, 2007January 1, 2004, a criminal history records check
shall be initiated in accordance with Section 33Section 30 of the Act and Sections
955.115 and 955.165 of this Part.
c) If a background check is initiated in accordance with subsection (a), a health care
employer is not required to retain and, unless a waiver is obtained pursuant to this
Part, shall not retain an individual in a position with duties involving direct care
for clients, patients, or residents, and no long-term care facility is required to
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