Section 955.190  Notification to Student, Applicant, or Employee

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)

b)         The Department of Public Health or an entity responsible for inspecting, licensing, certifying, or registering the health care employer or long-term care facility shall be immune from liability for notices given based on the results of a fingerprint-based criminal history record check.  (Section 33(m) of the Act)

(Source:  Amended at 44 Ill. Reg. 18422, effective October 29, 2020)