Section 955.220  Health Care Employer Files

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 retain a 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.

(Source:  Amended at 33 Ill. Reg. 5378, effective March 26, 2009)