Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 515 - EMERGENCY MEDICAL SERVICES, TRAUMA CENTER, COMPREHENSIVE STROKE CENTER, PRIMARY STROKE CENTER AND ACUTE STROKE READY HOSPITAL CODE › Subpart A - GENERAL PROVISIONS › Section 515.190 - Felony Convictions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Applicants and licensees convicted of an Illinois
Class X, Class 1 or
				Class 2 felony or an out-of-state equivalent offense
shall be subject
				to adverse licensure actions under Section
				3.50(d)(8)
				of the Act. In determining whether an applicant or licensee has been convicted
				of
an out-of-state equivalent offense
under Section
				3.50(d)(8)(H)
				of the Act, the Department shall look to the essential elements of the
				out-of-state offense to determine whether that conviction is substantially
				equivalent to an Illinois Class X, Class 1 or Class 2 felony. The fact that the
				out-of-state offense may be named or classified differently by another state,
				territory or country shall not be considered in determining whether the
				out-of-state offense is equivalent. The controlling factor shall be whether the
				essential elements of the out-of-state offense are substantially equivalent to
				the essential elements of an Illinois Class X, Class 1 or Class 2 felony
				(Section
				3.50(d)
				of the Act).
b) All applicants for
				any license, permit or certification under the Act shall fully disclose any and
				all felony convictions in writing to the Department at the time of initial
				application or renewal. Failure to disclose all felony convictions on an
				application submitted to the Department shall be grounds for license denial or
				revocation.
c) All licensees and
				certificate and permit holders under the Act shall report all new felony
				convictions to the Department within seven days after conviction. Convictions
				shall be reported by means of a letter to the Department.
d) For applicants with a
Class X,
				Class 1 or Class 2 felony or an out-of-state
equivalent
				offense
(Section
				3.50(d)
				of the Act), the Department shall have the authority to require that the
				applicant sign an authorization permitting the Department to obtain a criminal
				history report from the Illinois State Police or other law enforcement agency
				at the applicant's cost. The failure or refusal of any felony applicant to
				provide the authorization and fee required by the applicable law enforcement
				agency shall be grounds for denial of licensure, including renewal.
e) In deciding whether to issue any license
				to a person with a felony conviction under Section
				3.50(d)
				of the Act, the Department shall consider the degree to which the applicant's
				criminal history suggests that the applicant may present a risk to patients.
				Factors to be considered shall include, but not be limited to:
1) The length of time since the conviction
				and the severity of the penalty imposed;
2) Whether the conviction involved theft,
				deception or infliction of intentional, unjustified harm to others;
3) Whether there are repeat or multiple
				convictions or whether the convictions suggest a particular pattern of overall
				disregard for the safety or property of others;
4) Whether the conviction suggests a
				propensity that may pose a threat to the public in stressful situations
				commonly confronted by EMS providers and EMRs;
5) The degree to which the applicant provided
				full, complete and accurate information upon written request of the Department;
				and
6) Other unusual facts and
				circumstances that strongly suggest that the applicant should not be granted a
				license.