Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 955 - HEALTH CARE WORKER BACKGROUND CHECK CODE › Section 955.150 - Employment Prohibition

Current through Register Vol. 48, No. 28, July 12, 2024
a)
A health care employer or long-term care facility may hire, employ, or
			 retain
, whether on a paid or volunteer basis,
any individual
			 in a position involving direct care for clients, patients, or
			 residents,
and a long-term care facility may hire, employ, or retain,
			 whether paid or on a volunteer basis, any individual in a position with duties
			 that involve
access to the living quarters or the financial, medical,
			 or personal records of clients, patients, or residents, who has been convicted
			 of committing or attempting to commit one or more of the following offenses
			 only with a waiver described in Section 40
of the Act and Section
			 955.160 of
			 this Part. (Section 25(a) of the Act)
b)
A health care employer shall not
			 hire, employ, or retain, whether paid or on a volunteer basis, any individual
			 in a position with duties involving direct care of clients, patients, or
			 residents
, and no long-term care facility shall knowingly
			 hire, employ, or retain, whether paid or on a volunteer basis, any individual
			 in a position with duties that involve or may involve contact with residents or
			 access to the living quarters or financial, medical, or personal records of
			 residents, if the health care employer becomes aware that the individual has
			 been convicted in another state of committing or attempting to commit an
			 offense that has the same or similar elements as an offense listed in
Section 25 of the Act and Section
			 955.160 of
			 this Part
as verified by court records, records from a State
			 agency
(e.g., Department of Corrections records)
, or an FBI
			 criminal history record check
, unless the applicant or
			 employee obtains a waiver pursuant to
Section 40 of the
			 Act
and this Part.
This shall not be construed to mean that a
			 health care employer has an obligation to conduct a criminal history records
			 check in other states in which an employee has resided.
(Section 25(b)
			 of the Act)
c)
A health
			 care employer shall not hire, employ, or retain, whether paid or on a volunteer
			 basis, any individual in a position with duties involving direct care of
			 clients, patients, or residents who has a finding by the Department of abuse,
			 neglect, misappropriation of property, or theft denoted on the Health Care
			 Worker Registry.
(Section 25(c) of the Act)
d)
A health care employer shall not
			 hire, employ, or retain, whether paid or on a volunteer basis, any individual
			 in a position with duties involving direct care of clients, patients, or
			 residents if the individual has a verified and substantiated finding of abuse,
			 neglect, or financial exploitation, as identified within the Adult Protective
			 Service Registry established under Section 7.5 of the Adult Protective Services
			 Act.
(Section 25(d) of the Act)
e)
A health care employer shall not
			 hire, employ, or retain, whether paid or on a volunteer basis, any individual
			 in a position with duties involving direct care of clients, patients, or
			 residents who has a finding by the Department of Human Services of physical or
			 sexual abuse, financial exploitation, or egregious neglect of an individual
			 denoted on the Health Care Worker Registry
. (Section 25(e) of the
			 Act)