Section 395.171  Health Care Worker Background Check

a)         A training program shall comply with the Health Care Worker Background Check Act and the Health Care Worker Background Check Code.

b)         A training program shall provide counseling to all individuals seeking admission to the training program concerning the Health Care Worker Background Check Act and the Health Care Worker Background Check Code. The counseling shall include, at a minimum:

1)         Notification that a fingerprint-based criminal history records check will be initiated;

2)         A clear statement that a fingerprint-based criminal history records check is required for the individual to work as a direct access worker, a CNA or a Direct Support Person in Illinois; and

3)         A listing of those offenses in Section 25 of the Health Care Worker Background Check Act for which a conviction would disqualify the individual from finding employment as a direct access worker, a CNA or a Direct Support Person unless the individual obtained a waiver pursuant to Section 40 of the Health Care Worker Background Check Act.

c)         An individual shall not be allowed to enroll in a training program unless the individual has had:

1)         A criminal background check that reveals no disqualifying convictions, unless a waiver has been granted; and

2)         No administrative findings of abuse, neglect, or misappropriation of property.

(Source:  Amended at 44 Ill. Reg. 3455, effective February 21, 2020)