reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 955 - HEALTH CARE WORKER BACKGROUND CHECK CODE › Section 955.135 - Contracted or Subcontracted Workers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any unlicensed contracted or subcontracted
			 worker shall undergo a fingerprint-based criminal history records check through
			 the processes established in the Act and this Part.
b) A staffing agency may request access to
			 the secure web portal and initiate fingerprint-based criminal history records
			 checks for staff that will be contracted or subcontracted to a health care
			 employer in the same manner and following the same requirements as a health
			 care employer.
c) If a staffing
			 agency is unable to have access to the fingerprint process established through
			 the Act, the health care employer may initiate the fingerprint-based criminal
			 history records check for the staffing agency. The health care employer may
			 require the staffing agency to reimburse the health care employer for any
			 fingerprint-based criminal history records check expenses incurred.
d)
Any person whose profession is job
			 counseling who knowingly counsels any person who has been convicted of
			 committing or attempting to commit any of the offenses enumerated in Section 25
			 of the Act to apply for a position with duties involving direct contact with a
			 client, patient, or resident of a health care employer or a position with
			 duties that involve or may involve contact with residents or access to the
			 living quarters or the financial, medical, or personal records of residents of
			 a long-term care facility shall be guilty of a Class A misdemeanor unless a
			 waiver is granted pursuant to the Act
or this Part.
e)
Subsection (d) does not apply to
			 an individual performing official duties in connection with the administration
			 of the State employment service described in Section 1705 of the Unemployment
			 Insurance Act.
(Section 60 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 955 - HEALTH CARE WORKER BACKGROUND CHECK CODE › Section 955.140 - Policies Defining Employee Work Positions

Current through Register Vol. 48, No. 28, July 12, 2024
For purposes of the Act and this Part, the health care employer
				shall establish a policy defining which unlicensed employees provide direct
				care. If a long-term care employer has unlicensed employees who do not have
				access to long-term care residents or the living quarters or the financial,
				medical, or personal records of long-term care residents, the long-term care
				employer shall establish a policy defining those employee positions. In making
				these determinations, the health care employer shall consider the
				following:
a) For direct care
			 employees:
1) The employee's assigned job
			 responsibilities as set forth in the employee's job description;
2) Whether the employee is required to or has
			 the opportunity to be alone with residents, patients, or clients to provide
nursing care
or to assist
with feeding, dressing,
			 movement, bathing, toileting or other personal needs
, with the
			 exception of infrequent or unusual occasions; (Section 15 of the Act)
			 and
3) Whether the employee's
			 responsibilities include physical contact with residents, patients, or clients,
			 for example to provide therapy or to draw blood.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 955 - HEALTH CARE WORKER BACKGROUND CHECK CODE › Section 955.145 - Employment Verification

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
			 health care
employer or its designee shall provide an employment
			 verification
and update the demographic information
for each
			 employee no less than annually
. (Section 33(i) of the Act)
1) The health care employer
or its
			 designee shall log into the Health Care Worker Registry through a secure
			 login
in a method prescribed by the Department. (Section 33(i) of the
			 Act)
2)
The health care
			 employer or its designee shall indicate employment and termination
			 dates
(separation dates)
within 30 days after hiring or
			 terminating an employee
. (Section 33(i) of the Act)
3) The health care employer shall provide the
employment category and type
. (Section 33(i) of the
			 Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 955 - HEALTH CARE WORKER BACKGROUND CHECK CODE › Section 955.165 - Fingerprint-Based Criminal History Records Check

Current through Register Vol. 48, No. 28, July 12, 2024
a) Educational entities, other than secondary
			 schools, and health care employers are required to check the Health Care Worker
			 Registry before allowing a student to enter a training program or hiring an
			 employee to determine:
1) Whether a
			 fingerprint-based criminal history records check has previously been conducted,
			 which is indicated by the identifier of "FEE_APP" or "CAAPP".
A)
As long as the
student,
			 applicant or
employee has had
a background check
and
			 stays active on the Health Care Worker Registry, no further
fingerprint-based
criminal history record checks are required.
(Section 33(g) of the Act)
B) If
			 the individual has disqualifying convictions and a waiver has not been granted
			 pursuant to this Part, the individual is not allowed to work as a direct care
			 giver for a health care employer or as an individual with access to residents,
			 the resident's living quarters, or the resident's financial, medical or
			 personal records in a long-term care setting.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 955 - HEALTH CARE WORKER BACKGROUND CHECK CODE › Section 955.180 - Criminal History Records Checks after Implementation

Current through Register Vol. 48, No. 28, July 12, 2024
a) A fingerprint-based criminal history
			 records check is not required 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)
b) For any employee employed
			 after October 1, 2007, a criminal history records check shall be initiated in
			 accordance with Section 33 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 withduties involving direct care
			 for clients, patients, or residents, and no long-term care facility is required
			 to retain and, unless a waiver is obtained pursuant to this Part, shall not
			 retain an individual in a position with duties that involve or may involve
			 contact with residents or access to the living quarters or the financial,
			 medical, or personal records of residents,who has been convicted of committing
			 or attempting to commit one or more of the offenses listed in Section
			 955.160 of
			 this Part. (Section 25(a-1) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 955 - HEALTH CARE WORKER BACKGROUND CHECK CODE › Section 955.190 - Notification to Student, Applicant, or Employee

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The student, applicant, or
			 employee shall be notified of each of the following whenever a
			 fingerprint-based criminal history records check is
requested pursuant
			 to the Act and this Part:
1)
That the
			 educational entity,
staffing agency, workforce intermediary,
			 organization that provides pro bono legal services, or
health care
			 employer shall initiate a fingerprint-based criminal history records check of
			 the student, applicant, or employee required by
			 the
Act
and this Part. (Section 33(k) of the
			 Act)
2) That
a
health care
employer may initiate a fingerprint-based background check
			 required by the
Act
and this Part
for any of
			 its employees. The results of any fingerprint-based background check that is
			 initiated
pursuant to the Act and this Part
shall be entered
			 in the Health Care Worker Registry.
(Section 33(f) of the
			 Act)
3)
That the student,
			 applicant, or employee has a right to obtain a copy of the criminal records
			 report
that indicates a conviction for a disqualifying offense
			 and challenge the accuracy and completeness of the report through an
			 established Department of State Police procedure for Access and
			 Review,
and request a waiver in accordance with this Part. (Section
			 33(k) of the Act)
4)
That
the applicant, if hired conditionally, may be
			 terminated if the
criminal records report indicates that the
			 applicant has a record of conviction of any of the criminal offenses enumerated
			 in
Section
			 955.160,
			 unless a waiver is obtained pursuant to this Part. (Section 33(k) of the
			 Act)
5)
That the applicant,
			 if not hired conditionally, shall not be hired if the
criminal
			 records report indicates that the applicant has a record of conviction of any
			 of the criminal offenses enumerated in
Section 955.160, unless a
			 waiver is obtained pursuant to this Part. (Section 33(k) of the Act)
6)
That the
			 employee
shall be terminated if the criminal records report
			 indicates that the employee has a record of conviction of any of the criminal
			 offenses enumerated in
Section 955.160, unless a waiver is obtained
			 pursuant to this Part. (Section 33(k) of the Act)
7) That
if, after the employee has
			 originally been determined not to have disqualifying offenses, the employer is
			 notified that the employee has a new conviction or convictions of any of the
			 criminal offenses
in Section 25
of the Act and Section
			 955.160 of
			 this Part,
then the employee shall be terminated
. The employee
			 may seek to obtain a waiver pursuant to this Part. (Section 33(k)(6) of the
			 Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 955 - HEALTH CARE WORKER BACKGROUND CHECK CODE › Section 955.210 - Offer of Permanent Employment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 A health care employer is not obligated to employ or offer permanent employment
			 to an applicant, or to retain an employee who is granted a waiver. (Section
			 40(f) of the Act)
b) The health
			 care employer shall develop policies concerning employment of individuals who
			 have been granted waivers.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 955 - HEALTH CARE WORKER BACKGROUND CHECK CODE › Section 955.220 - Health Care Employer Files

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 health care employer shall retain on file for a period of 5 years records of
			 criminal records requests for all employees. The health care employer shall
			 retaina copy of the disclosure and authorization forms, a copy of the livescan
			 request form, all notifications resulting from the fingerprint-based criminal
			 history records check and waiver, if appropriate, for the duration of the
			 individual's employment. The files shall be subject to inspection by the
			 Department. A fine of $500 shall be imposed for failure to maintain these
			 records. (Section 50 of the Act)
b)
			 If the Health Care Worker Registry indicates that the employee had no
			 disqualifying criminal offenses or administrative findings at the time of hire,
			 then the health care employer shall retain a screen print of this information
			 in the employee's file. If the individual was not on the Health Care Worker
			 Registry prior to being hired, then a screen print indicating that the worker
			 was not found shall be retained in the employee's file.
c) The health care employer shall retain a
			 screen print of the background check initiation page, which documents that the
			 employer did conduct an internet search of the web sites from the links
			 provided through the Health Care Worker Registry and found no results from
			 those web sites that would prevent the employee from being hired. No additional
			 screen prints from those web sites shall be required in the employee's
			 file.
d) The health care employer
			 shall maintain a copy of the documents required in this Section in the
			 employee's personnel file or other secure location accessible to the
			 Department.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 955 - HEALTH CARE WORKER BACKGROUND CHECK CODE › Section 955.260 - Application for Waiver

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Any student, applicant, individual receiving services from a workforce
			 intermediary or organization providing pro bono legal services, or employee
			 listed on the Health Care Worker Registry may request a waiver of the
			 prohibition against employment by
:
1)
Completing a waiver application on a form prescribed by the Department
			 of Public Health
:
A) If the
			 individual has previously been employed, the individual shall provide a work
			 history or attach a resume covering the most recent five-year period;
B) If the individual has been convicted in
			 another state, the individual shall provide information concerning those
			 convictions or attach the complete results of a criminal history records check
			 from the other state; and
C) If the
			 individual has a federal conviction, the individual shall provide information
			 concerning that conviction or attach the complete results of a criminal history
			 records check from the Federal Bureau of Investigation.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 955 - HEALTH CARE WORKER BACKGROUND CHECK CODE › Section 955.270 - Department Review of Waiver Application

Current through Register Vol. 48, No. 28, July 12, 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.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 955 - HEALTH CARE WORKER BACKGROUND CHECK CODE › Section 955.275 - Rehabilitation Waiver

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department may consider the results of a fingerprint-based criminal history
			 records check for a rehabilitation waiver, if sufficient time has passed since
			 the last disqualifying conviction. A rehabilitation waiver may be granted
			 without a waiver application being submitted by the individual.
b) For an individual to be considered for a
			 rehabilitation waiver, the Department must have received from him or her a
			 criminal history records check that meets the requirements of Sections
			 955.115
			 and
			 955.165
			 of this Part.
c) A waiver without a
			 waiver application shall not be granted unless the individual has met the
			 following time frames:
1) Single disqualifying
			 misdemeanor conviction - five years after conviction date;
2) Two disqualifying misdemeanor convictions
			 - seven years after conviction date;
3) Three or more disqualifying misdemeanor
			 convictions - nine years after conviction date;
4) Single disqualifying felony conviction -
			 seven years after conviction date;
5) Two disqualifying felony convictions -
			 nine years after conviction date; and
6) Three or more felony convictions shall not
			 be considered for a rehabilitation waiver.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 955 - HEALTH CARE WORKER BACKGROUND CHECK CODE › Section 955.280 - Employment Pending Waiver

Current through Register Vol. 48, No. 28, July 12, 2024
An individual shall not be employed in direct care or employed
				in a long-term care facility in a position that involves or may involve contact
				with the residents or access to the resident's living quarters or the
				financial, medical or personal records of the residents from the time that the
				employer receives a notification from the Department of Public Health based
				upon the results of a fingerprint-based criminal history records check
				containing disqualifying conditions until the time that the individual receives
				a waiver from the Department. (Section 40(d) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 955 - HEALTH CARE WORKER BACKGROUND CHECK CODE › Section 955.285 - Livescan Vendor Authorization

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Any livescan vendor authorized to provide livescan non-criminal fingerprinting
			 services pursuant to a standardized livescan vendor authorization contract
			 issued by the Department shall determine a fee for collecting fingerprints and
			 shall determine an area of the State in which to provide service.
b) Any livescan vendor that
has two
			 or more years of experience transmitting fingerprints electronically to the
			 Illinois State Police
(ISP) and that meets the requirements of the
			 Department's standardized livescan
vendor authorization
contract may individually enter into a livescan
vendor
			 authorization
contract with the Department. A livescan vendor
			 authorized to provide livescan non-criminal fingerprinting services pursuant to
			 a standardized livescan
vendor authorization
contract shall
			 meet the following requirements, which shall be included in the terms and
			 conditions of the standardized livescan
vendor authorization
contract. Equipment failure or lack of availability do not excuse a livescan
			 vendor from compliance with these requirements:
1) The livescan vendor shall use only
equipment
that
has been certified by ISP to collect
			 inkless fingerprints
and software that is up to date and meets the
			 requirements of ISP for the electronic submission of fingerprints. (Section 15
			 of the Act)
A) The livescan vendor shall
			 maintain backup equipment to provide scheduled fingerprinting in case of
			 livescan equipment failure.
B) If a
			 livescan vendor agrees to provide service to an individual, the livescan vendor
			 shall collect the individual's fingerprints within 10 days after agreeing to
			 provide service.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 955 - HEALTH CARE WORKER BACKGROUND CHECK CODE › Section 955.290 - Recovery of Back Pay

Current through Register Vol. 48, No. 28, July 12, 2024
a)
A health care employer shall not be liable for the failure to hire or
			 to retain an applicant or
health care
employee who has been
			 convicted of committing or attempting to commit one or more of the offenses
			 enumerated in the
Act
or this Part. (Section 55 of
			 the Act)
b)
If a health
			 care worker is suspended from employment based on the results of a criminal
			 background check conducted under the
Act
and this
			 Part
and the results prompting the suspension are subsequently found to
			 be inaccurate, the health care worker is entitled to recover back pay from his
			 or her health care employer for the suspension period provided that the
			 employer is the cause of the inaccuracy
. (Section 55 of the
			 Act)
c)
No health care
			 employer shall be chargeable for any benefit charges that result from the
			 payment of unemployment benefits to any claimant when the claimant's separation
			 from that employer occurred because the claimant's criminal background included
			 an offense enumerated in the
Act or this Part
, or the
			 claimant's separation from that health care employer occurred as a result of
			 the claimant violating a policy that the employer was required to maintain
			 pursuant to the Drug Free Workplace Act
. (Section 55 of the
			 Act)
d)
The Department of
			 Public Health is not liable for any hiring decisions, suspensions, or
			 terminations.
(Section 55 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 955 - HEALTH CARE WORKER BACKGROUND CHECK CODE › Section 955.300 - Health Care Worker Registry

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department will establish and maintain a Health Care Worker Registry of
			 unlicensed individuals and employees who:
1)
			 Are
employed or retained by a health care employer as home health care
			 aides, nurse aides,
certified nursing assistants
, personal
			 care assistants, private duty nurse aides, day training personnel, or an
			 individual working in any similar health-related occupation where he or she
			 provides direct care
(e.g., resident attendants, child
			 care/habilitation aides/developmental disabilities aides, and psychiatric
			 rehabilitation services aides),
or
in positions where they
			 have
access to long-term care residents or the living quarters or
			 financial, medical, or personal records of long-term care residents
;
			 (Section 10 of the Act)
2)
Have satisfactorily completed the training required by Section 3-206 of
			 the Nursing Home Care Act, Section 3-206 of the MC/DD Act, or Section 3-206 of
			 the ID/DD Community Care Act
; (Section 26 of the Act) or
3)
Have begun a current course of
			 training as set forth in Section 3-206 of the Nursing Home Care Act, Section
			 3-206 of the MC/DD Act, or Section 3-206 of the ID/DD Community Care
			 Act
. (Section 26 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 955 - HEALTH CARE WORKER BACKGROUND CHECK CODE › Section 955.310 - Department Findings of Abuse, Neglect, or Misappropriation of Property

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definitions. As
			 used in this Section:
1)
"Abuse"
means any physical or mental injury or sexual
			 assault inflicted on a
client, patient, or
resident, other
			 than by accidental means, in a
health care
facility
.
			 (Section 1-103 of the Nursing Home Care Act and Section 27(a) of the
			 Act)
2)
"Neglect"
means a
health care
facility's failure to provide, or
			 willful withholding of, adequate medical care, mental health treatment,
			 psychiatric rehabilitation, personal care, or assistance with activities of
			 daily living that is necessary to avoid physical harm, mental anguish, or
			 mental illness of a
client, patient, or
resident.
(Section 1-117 of the Nursing Home Care Act and Section 27(a) of the
			 Act)
3)
"Misappropriate
			 property of a resident" means
the deliberate misplacement,
			 exploitation, or wrongful temporary or permanent use of a
client's,
			 patient's, or
resident's belongings or money without the
client's, patient's, or
resident's consent
. (Section 1-116.5
			 of the Nursing Home Care Act and Section 27(a) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 955 - HEALTH CARE WORKER BACKGROUND CHECK CODE › Section 955.320 - Removal from Registry of a Department Finding of Neglect

Current through Register Vol. 48, No. 28, July 12, 2024
An employee or former employee may petition the
				Department for removal
from the Registry
of a finding
by the Department
of neglect
by
completing
and submitting
an application for removal of the finding on a form
				prescribe
d by the Department
.
(Section 28(d) of the
				Act)
a) The employee or former
			 employee shall provide on, or with, the application form information
			 concerning:
1) The finding of neglect,
			 including:
A) The facts and circumstances
			 related to the finding;
B) The
			 number of years since the finding of neglect was imposed;
C) The individuals who witnessed,
			 investigated, or possessed pertinent information regarding the finding, or set
			 forth employment decisions based on the finding; and
D) The age of the employee or former employee
			 at the time of the offense.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 955 - HEALTH CARE WORKER BACKGROUND CHECK CODE › Appendix A - Offenses that re lways Disqualifying Except Through the ppeal Process

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Compiled Statutes Citation 720
						  ILCS:
Offense
Additional Offense Added Effective
5/8-1.1
Solicitation of Murder
1/1/98
5/8-1.2
Solicitation of Murder for Hire
1/1/98
5/9-1
First Degree Murder
7/1/95
5/9-1.2
Intentional Homicide of an Unborn Child
7/1/95
5/9-2
Second Degree Murder
7/1/95
5/9-2.1
Voluntary Manslaughter of an Unborn Child
7/1/95
5/9-3
Involuntary Manslaughter and Reckless Homicide
7/1/95
5/9-3.1;
5/9-3.4
Concealment of Homicidal Death
7/1/95
8/25/17
5/9-3.2
Involuntary Manslaughter and Reckless Homicide of an
						  Unborn Child
7/1/95
5/9-3.3
Drug Induced Homicide
7/1/95
5/10-1
Kidnapping
7/1/95
5/10-2
Aggravated Kidnapping
7/1/95
5/11-6
Indecent Solicitation of a Child
1/1/98
5/11-9.1
Sexual Exploitation of a Child
1/1/98
5/11-9.1A; 150/5.1
Permitting Sexual Abuse of a Child
8/25/17
5/11-9.2
Custodial Sexual Misconduct
8/25/17
5/11-9.3
Presence of Sex Offender in School Zone
8/25/17
5/11-9.4-1
Presence of Sexual Predator or Sex Offender near Public
						  Park
8/25/17
5/11-9.5
Sexual Misconduct with a Person with a
						  Disability
7/24/06
5/11-14.4(a)
Promoting Juvenile Prostitution
7/25/15
5/11-19.2
Exploitation of a Child
1/1/98
5/11-20.1
Child Pornography
1/1/98
5/11-20.3
5/11-20.1B
Aggravated Child Pornography
7/1/11
5/12-3.3
Aggravated Domestic Battery
1/1/04
5/12-3.05;
5/12-4
Aggravated Battery
1/1/98
7/1/95
5/12-4.1
Heinous Battery
1/1/98
5/12-4.2
Aggravated Battery with a Firearm
7/1/95
5/12-4.2-5
Aggravated Battery with a Machine Gun or a Firearm
						  Equipped with Any Device or Attachment Designed or Used for Silencing the
						  Report of a Firearm
1/1/04
5/12-4.3
Aggravated Battery of a Child
7/1/95
5/12-4.4
Aggravated Battery of an Unborn Child
7/1/95
5/12-4.4a(a)
Abuse or Neglect of a Long Term Care Facility
						  Resident
8/25/17
5/12-4.4a(b)
Criminal Abuse or Neglect of an Elderly Person or a
						  Person with a Disability
8/25/17
5/12-4.6
Aggravated Battery of a Senior Citizen
7/1/95
5/12-4.7
Drug Induced Infliction of Great Bodily Harm
7/1/95
5/11-1.20; 5/12-13
Criminal Sexual Assault
7/1/95
5/11-1.30; 5/12-14
Aggravated Criminal Sexual Assault
7/1/95
5/11-1.40; 5/12-14.1
Predatory Criminal Sexual Assault of a Child
7/1/95
5/11-1.50; 5/12-15
Criminal Sexual Abuse
7/1/95
5/11-1.60; 5/12-16
Aggravated Criminal Sexual Abuse
7/1/95
5/12-19
Abuse and Criminal Neglect of a LTC Facility
						  Resident
7/1/95
5/12-20.5
Dismembering a Human Body
8/25/17
5/12-21
Criminal Abuse or Neglect of an Elderly Person or
						  Person with a Disability
7/1/95
5/16-1.3; 5/17-56
Financial Exploitation of an Elderly Person or a Person
						  with a Disability
7/1/95
5/18-2
Armed Robbery
7/1/95
5/18-4
Aggravated Vehicular Hijacking
1/1/98
5/18-1(b); 5/18-5
Aggravated Robbery
1/1/98
5/19-6
Home Invasion
8/25/17
5/20-1.1
Aggravated Arson
7/1/95
150/5.1
Permitting Sexual Abuse of a Child
1/1/04
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 955 - HEALTH CARE WORKER BACKGROUND CHECK CODE › Appendix B - Disqualifying Offenses that May Be Considered for a Rehabilitation Waiver

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Compiled Statutes Citation
Offense
Additional Offense Added Effective
720 ILCS 5/16-1
Theft (as a misdemeanor)
7/1/95
720 ILCS 5/16-2
Theft of Lost or Mislaid Property
1/1/04
720 ILCS 5/16A-3
Retail Theft (as a misdemeanor)
7/1/95
720 ILCS 5/19-4
Criminal Trespass to Residence
7/1/95
720 ILCS 5/24-1.5
Reckless Discharge of a Firearm
1/1/98
225 ILCS 65/10-5
Practice of Nursing without a License
1/1/04
720 ILCS 250/4
Receiving Stolen Credit Card or Debit Card
1/1/04
720 ILCS 250/5
Receiving a Credit or Debit Card that He Knows to Have
						  Been Lost with Intent to Use, Sell, or Transfer
1/1/04
720 ILCS 250/6
Selling a Credit Card or Debit Card, without the
						  Consent of the Issuer
1/1/04
720 ILCS 250/8
Using a Credit or Debit Card with the Intent to
						  Defraud
1/1/04
720 ILCS 250/17.02
Fraudulent Use of Electronic Transmission
1/1/04
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 956 - HEALTH CARE EMPLOYEE VACCINATION CODE › Section 956.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Act - Sections 2310-195, 2310-610 and 2310-650 of the
				Department of Public Health Power and Duties Law of the Civil Administrative
				Code [20 ILCS 2310].
Health care employee - All paid and unpaid persons working in
				health care settings who have the potential for exposure to infectious
				materials, including body substances, contaminated medical supplies and
				equipment, contaminated environmental surfaces, or contaminated air. Health
				care employees include, but are not limited to, physicians, nurses, nursing
				assistants, therapists, technicians, emergency medical services employees,
				pharmacists, laboratory employees, and persons not directly involved in patient
				care (e.g., clerical, dietary, housekeeping, maintenance and volunteers) but
				potentially exposed to infectious agents that can be transmitted to and from
				health care employees.
Health care setting -
A facility licensed under the Alternative Health Care Delivery
				Act;
An ambulatory surgical treatment center, as defined in the
				Ambulatory Surgical Treatment Center Act;
An assisted living facility, a shared housing establishment, or
				a board and care home, as defined in the Assisted Living and Shared Housing
				Act;
A community living facility, as defined in the Community Living
				Facilities Licensing Act;
A life care facility, as defined in the Life Care Facilities
				Act;
A long-term care facility, as defined in the Nursing Home Care
				Act;
A long-term care facility, as defined in the ID/DD Community
				Care Act;
A long-term care facility, as defined in the MC/DD Act;
A specialized mental health rehabilitation facility, as defined
				in the Specialized Mental Health Rehabilitation Act of 2013;
An EMS System, as defined in the Emergency Medical Services
				(EMS) Systems Act;
A freestanding emergency center, licensed under the Emergency
				Medical Services (EMS) Systems Act;
A home health agency, home services agency or home nursing
				agency, as defined in the Home Health, Home Services, and Home Nursing Agency
				Licensing Act;
A hospice care program or voluntary hospice program, as defined
				in the Hospice Program Licensing Act;
A supportive residence, as defined in the Supportive Residences
				Licensing Act;
A hospital, as defined in the Hospital Licensing Act;
The University of Illinois Hospital, Chicago, as defined in the
				University of Illinois Hospital Act;
A Developmental Center, as defined in the Mental Health and
				Developmental Disabilities Administrative Act;
A Mental Health Center, as defined in the Mental Health and
				Developmental Disabilities Administrative Act.
Influenza - An acute infectious respiratory disease, caused by
				influenza viruses.
Medically contraindicated - That administration of an
				influenza vaccine to an employee would likely be detrimental to the employee's
				health
(Section 2310-650 of the Act).
Vaccination - The act or practice of vaccinating; inoculation
				with vaccine.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 956 - HEALTH CARE EMPLOYEE VACCINATION CODE › Section 956.20 - Referenced Materials

Current through Register Vol. 48, No. 28, July 12, 2024
The following Illinois statutes are referenced in this
				Part:
a) Alternative Health Care
			 Delivery Act [210 ILCS 3]
b)
			 Ambulatory Surgical Treatment Center Act [210 ILCS 5]
c) Assisted Living and Shared Housing Act
			 [210 ILCS 9]
d) Community Living
			 Facilities Licensing Act [210 ILCS 35]
e) Life Care Facilities Act [210 ILCS
			 40]
f) Nursing Home Care Act [210
			 ILCS 45]
g) Emergency Medical
			 Services (EMS) Systems Act [210 ILCS 50]
h) Home Health, Home Services, and Home
			 Nursing Agency Licensing Act [210 ILCS 55]
i) Hospice Program Licensing Act [210 ILCS
			 60]
j) Supportive Residences
			 Licensing Act [210 ILCS 65]
k)
			 Hospital Licensing Act [210 ILCS 85]
l) University of Illinois Hospital Act [110
			 ILCS 330]
m) ID/DD Community Care
			 Act [210 ILCS 47]
n) Specialized
			 Mental Health Rehabilitation Act [210 ILCS 48]
o) MC/DD Act [210 ILCS 46]
p) Department of Public Health Powers and
			 Duties Law of the Civil Administrative Code [20 ILCS 2310]
q) Mental Health and Developmental
			 Disabilities Administrative Act [20 ILCS 1705]
r) Department of Public Health Act [20 ILCS
			 2305]
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 956 - HEALTH CARE EMPLOYEE VACCINATION CODE › Section 956.30 - Influenza Vaccination

Current through Register Vol. 48, No. 28, July 12, 2024
Each health care setting shall ensure that all health care
				employees are provided education on influenza and are offered the opportunity
				to receive seasonal, novel and pandemic influenza vaccine, in accordance with
				this Section, during the influenza season (between September 1 and March 1 of
				each year), unless the vaccine is unavailable (see subsection (d)).
a) Each health care setting shall notify all
			 health care employees of the influenza vaccination provisions of this Part and
			 shall provide or arrange for vaccination of all health care employees who
			 accept the offer of vaccination. Each health care setting shall provide all
			 health care employees with education about the benefits of influenza vaccine
			 and potential consequences of influenza illness. Information provided shall
			 include the epidemiology, modes of transmission, diagnosis, treatment and
			 non-vaccine infection control strategies.
b) Each health care setting shall develop and
			 implement a program that includes the following:
1) A plan to offer seasonal, pandemic or any
			 other influenza vaccine;
2) The
			 time frame within which health care employees will be offered vaccination;
			 and
3) Any required documentation
			 relating to the health care employee vaccination requirement of this
			 Part.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 956 - HEALTH CARE EMPLOYEE VACCINATION CODE › Appendix A - Sample Declination Form

Current through Register Vol. 48, No. 28, July 12, 2024
1. _____ (Initial) I have read the "Influenza Vaccine
				Information Statement, date XXXX". I have had an opportunity to ask questions,
				which were answered to my satisfaction. I understand the benefits and risks of
				influenza vaccine.
Print Name __________________ Department
				__________________
I intend to be vaccinated.
2. _____ (Initial) I have already had an influenza
				vaccination this year.
Location where vaccinated _____________ Date
				vaccinated _____________
3. I acknowledge that I am aware of the following
				facts:
* Influenza is a serious respiratory disease that
				kills, on average, 36,000 Americans every year.
* Influenza virus may be shed for up to 48 hours
				before symptoms begin, allowing transmission to others.
* Up to 30% of people with influenza have no
				symptoms, allowing transmission to others.
* Influenza virus changes often, making annual
				vaccination necessary. Immunity following vaccination is strongest for 2 to 6
				months.
* I understand that influenza vaccine cannot
				transmit influenza. It does not, however, prevent all disease.
* I have declined to receive the influenza vaccine
				for the ______ season. I acknowledge that influenza vaccination is recommended
				by the Centers for Disease Control and Prevention (CDC) for all health care
				employees to prevent infection from and transmission of influenza and its
				complications, including death, to patients/residents/clients, my co-workers,
				my family and my community.
4. I decline the offer of vaccination for the following
				reasons (please initial all that apply):
____________ My religious beliefs prohibit
				vaccination.
____________ I have a medical contraindication to
				receiving the vaccine.
____________ I have already received an influenza
				vaccination.
5. Knowing the facts set forth above, I choose to decline
				vaccination at this time.
I may change my mind and accept vaccination
				later, if vaccine is available. I have read and fully understand the
				information on this declination form.
Print name _______________ Department
				_______________
Signature _______________ Date
				____________________
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 960 - PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANTS PHHS RULES › Section 960.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Cardiovascular Disease" means the disease of the circulatory
				system as coded in the International Classification of Diseases,
				9th Revision Clinical Modification
				(ICD-9-CM).
"Cardiovascular Disease Prevention Programs" means a program
				that addresses at least two of the three major modifiable risk factors in heart
				disease and stroke - high blood pressure, elevated cholesterol and
				smoking.
"Department" means the Illinois Department of Public
				Health.
"Director" means the Director of the Illinois Department of
				Public Health.
"Governmental Unit Code" means the Illinois Comptroller's
				preassigned vendor identification number for governmental agencies and
				municipalities.
"Healthy People 2000 Priorities" means selected priority areas
				from Healthy People 2000, the national health objectives for the year 2000. The
				selected priority areas include: Tobacco; Alcohol and Other Drugs; Violent and
				Abusive Behavior; Unintentional Injuries; Physical Activity and Fitness;
				Nutrition; Cancer (breast and cervical cancer components); and Heart Disease
				and Stroke (for Cardiovascular Disease Prevention Programs only).
"Line Item Category" means the following: personal services,
				fringe benefits, contractual, travel, supplies, and equipment.
"Local Needs Assessment" means application of a needs
				assessment tool approved by the Department.
"Not-for-profit" means a corporation as described in Section
				101.80 of
				the General Not for Profit Corporation Act of 1986 [805 ILCS
				105/101.80 ].
"TIN number" means the nine digit federal Taxpayer
				Identification Number, also known as the Federal Employer Identification Number
				(FEIN).
"Year 2000 Plan" means a document specific to the applicant's
				jurisdiction which, at a minimum, identifies one or more Healthy People 2000
				Priorities; identifies the objectives from Healthy People 2000 that are the
				focus of the plan; summarizes the relevant results of a Local Needs Assessment;
				lists process objectives for a three-year time frame; and identifies the
				intervention strategies or program models that will be implemented in support
				of achieving the plan's objectives.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 960 - PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANTS PHHS RULES › Section 960.20 - Incorporated Materials

Current through Register Vol. 48, No. 28, July 12, 2024
The following materials are incorporated or referenced in this
				Part:
a) The Omnibus Budget
			 Reconciliation Act of 1981 (
			 42 U.S.C.
			 300 w through w-8), as amended by the Health
			 Omnibus Programs Extension of 1988 ( Public Law 100-607 ).
b) Regulations of the U.S. Department of
			 Health and Human Services entitled Block Grants ( 45 CFR 96 ) (1991).
c) International Classification of Diseases,
			 9th Revision Clinical Modification (ICD-9-CM), World Health Organization,
			 Geneva, Switzerland (1986).
d)
			 Healthy People 2000, National Health Promotion and Disease Prevention
			 Objectives, U.S. Department of Health and Human Services, Public Health
			 Service, U.S. Government Printing Office, Washington, D.C. (1990).
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 960 - PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANTS PHHS RULES › Section 960.30 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of grants from the Preventive Health and Health
				Services Block Grant (PHHSBG) is to support local projects that target priority
				areas from Healthy People 2000, the nation's health
				objectives.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 960 - PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANTS PHHS RULES › Section 960.40 - Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
a) Eligible
			 applicants include all certified local health departments that provide public
			 health programs as defined in the Department's rules entitled Local Health
			 Protection Grant Rules (77 Ill. Adm.
			 615.200 ).
b) In addition, funds for sexual assault
			 programs may be made available to public or not-for-profit Statewide agencies
			 or organizations capable of providing a program of comprehensive services to
			 prevent sexual assault and to assist victims of sexual assault.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 960 - PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANTS PHHS RULES › Section 960.50 - Application Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall provide written application instructions
				to local agencies.
a) All applications
			 shall include the following:
1) applicant's
			 name, address and telephone number;
2) documentation of applicant's
			 not-for-profit status (such as Certificate of Good Standing from the Secretary
			 of State) for non-governmental units;
3) Taxpayer Identification Number (TIN) or
			 for governmental agencies, the Governmental Unit Code assigned by the State of
			 Illinois Office of the Comptroller;
4) date of submission;
5) signature of agency official authorized to
			 certify the application;
6) project
			 period;
7) a detailed budget
			 providing sufficient resources to carry out the project. The budget shall be by
			 line item category and provide sufficient detail to justify the use of grant
			 funds to support project activities. The budget shall indicate the total cost
			 of conducting the projects, the source of other funds supporting the projects,
			 as well as the amount of support requested from the Department; and
8) a signed Statement of Assurances
			 indicating compliance with applicable State and federal requirements, such as
			 the Fiscal Control and Internal Auditing Act, Office of Management and Budget
			 (OMB) Circular A-128 (local governments), OMB Circular A-133 (not-for-profit
			 organizations), bribery certification, contract debarment, unlawful
			 discrimination, Illinois Human Rights Act, Federal Civil Rights Act, Drug Free
			 Workplace Act, Davis-Bacon Act, conflict of interest as specified in the
			 Illinois Purchasing Act, and protection of the confidentiality of recipients of
			 services.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 960 - PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANTS PHHS RULES › Section 960.60 - Application Review Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
Applications shall be subject to a non-technical and technical
				review.
a) Criteria for the
			 non-technical review shall include:
1)
			 adherence to format;
2) inclusion
			 of all required forms; and
3) the
			 inclusion of a response to each required item.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 960 - PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANTS PHHS RULES › Section 960.70 - Notification of Award of Grant Funds

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The Department shall be empowered to award an amount less than the amount
			 requested in an application.
b) The
			 Department shall prepare grant agreements and award transmittal letters.
			 Receipt of the transmittal letter and grant agreement for signature by the
			 applicant shall constitute notification of award.
c) Applicants that are not awarded grant
			 funds shall be notified in writing by the Department.
d) The grant agreement shall not be sold,
			 assigned or transferred in any manner. Any actual or attempted sale, assignment
			 or transfer shall render the grant agreement null, void and of no further
			 effect. If the grantee for whatever reason ceases operation, the grant
			 agreement shall be terminated. Any remaining funds may be granted to a
			 successor agency by the Department.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 960 - PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANTS PHHS RULES › Section 960.80 - Award and Use of Grant Funds

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Grantees shall only use Preventive Health and Health Services Block Grant funds
			 for the direct cost of administering, operating and maintaining a project. The
			 following direct costs are examples of those that may be incurred when
			 specified in the grant agreement:
1) personal
			 services costs, including gross salaries and employer paid fringe benefits for
			 full-time and part-time employees of the project;
2) contractual services costs, including but
			 not limited to fees for consultants and specialists, exclusive of consultant
			 services for patient care; conference registration fees; repair and maintenance
			 of furniture and equipment; postage and postal services; subscriptions;
			 training and education costs; software; and telecommunications costs;
3) travel of personnel, consultants and
			 specialists in carrying out authorized activities. Travel costs are the
			 expenses for transportation, lodging and subsistence for personnel who are on
			 travel status on official business for the project. Out of State travel
			 requires prior written approval of the Department;
4) supplies/commodities as required in the
			 operation of the project which are directly related to its operation. Supplies
			 include, but are not limited to, office, medical and educational supplies;
			 equipment items costing less than $100 each; printing; and paper; and
5) equipment directly related to the
			 operation of the project. Equipment is defined as items costing over $100 each,
			 with a useful life of more than one year (Section 20 of the State Finance Act
			 (Ill. Rev. Stat. 1991, ch. 127, par. 156) [30 ILCS
			 105/20 ]). Equipment costs shall include all freight
			 and installation costs. Purchase of equipment items, other than those included
			 in the approved budget, require prior written approval from the
			 Department.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 960 - PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANTS PHHS RULES › Section 960.90 - Monitoring Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
Successful grant recipients will be required to submit reports
				at three months into the grant agreement period, with the submission of a
				continuation application, and at the end of the grant agreement
				period.