Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 380 - SPECIALIZED MENTAL HEALTH REHABILITATION FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 380.170 - Consumer Background Checks

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except for triage centers,
a facility shall, within 24 hours after
				admission, request a criminal history background check pursuant to the Uniform
				Conviction Information Act for all persons age 18 or older seeking admission to
				the facility, unless a background check was initiated by a hospital pursuant to
				subsection (d) Section 6.09(d) of the Hospital Licensing Act. Background checks
				conducted pursuant to this Section shall be based on the consumer's name, date
				of birth, and other identifiers as required by the Department of State
				Police
. (Section 2-104(a) of the Act)
b) The facility shall check for the
				individual's name on the Illinois Sex Offender Registration website at
www.isp.state.il.us
and the Illinois
				Department of Corrections sex registrant search page at
www.idoc.state.il.us
to determine if
				the individual is listed as a registered sex offender.
c)
If the results of the background
				check are inconclusive, the facility shall initiate a fingerprint-based check,
				unless the fingerprint check is waived by the Director of Public Health based
				on verification by the facility that the consumer meets criteria related to the
				consumer's health or lack of potential risk
(Section 2-104(a) of the
				Act). The facility shall arrange for a fingerprint-based background check or
				request a waiver from the Department within five days after receiving
				inconclusive results of a name-based background check. The fingerprint-based
				background check shall be conducted within 25 days after receiving the
				inconclusive results of the name-based check.
d)
A waiver issued pursuant to
				Section
2-104(a) of the Act
shall be valid only while the
				consumer is immobile or while the criteria supporting the waiver
				exist
. (Section 2-104(a) of the Act)
e)
The facility shall provide for or
				arrange for any required fingerprint-based checks to be taken on the premises
				of the facility
or off-site premises if accompanied by staff.
If a fingerprint-based check is required, the facility shall arrange
				for it to be conducted in a manner that is respectful of the consumer's dignity
				and that minimizes any emotional or physical hardship to the consumer.
(Section 2-104(a) of the Act)
f) If
				a facility does not conduct a fingerprint-based background check in compliance
				with this Section, then it shall provide conclusive evidence of the resident's
				immobility or risk nullification of the waiver issued pursuant to Section
				2-104(a) of the Act.
g) The
				facility shall be responsible for taking all steps necessary to ensure the
				safety of residents while the results of a name-based background check or a
				fingerprint-based background check are pending; while the results of a request
				for waiver of a fingerprint-based check are pending; and/or while the
				Identified Offender Report and Recommendation prepared pursuant to Section
				2-105(d) of the Act is pending.