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Public Act 096-0565
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| HB0762 Enrolled |
LRB096 08663 ASK 18787 b |
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AN ACT concerning professional regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Health Care Worker Background Check Act is |
amended by changing Section 40 as follows:
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(225 ILCS 46/40)
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Sec. 40. Waiver.
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(a) Any student, applicant, or employee listed on the |
Health Care Worker Registry may request a waiver of the
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prohibition against
employment by:
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(1) completing a waiver application on a form |
prescribed by the Department of Public Health;
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(2) providing a written explanation of each conviction |
to include (i) what happened, (ii) how many years have |
passed since the offense, (iii) the individuals involved, |
(iv) the age of the applicant at the time of the offense, |
and (v) any other circumstances surrounding the offense; |
and |
(3) providing official documentation showing that all |
fines have been paid, if applicable and except for in the |
instance of payment of court-imposed fines or restitution |
in which the applicant is adhering to a payment schedule, |
and the date probation or parole was satisfactorily |
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completed, if applicable.
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(b) The applicant may, but is not required to, submit |
employment and character references and any other evidence |
demonstrating the ability of the applicant or employee
to |
perform the employment responsibilities competently and |
evidence that the
applicant or employee does not pose a threat |
to the health or safety of
residents, patients, or clients.
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(c) The Department of Public Health
must inform health care |
employers if a waiver is being sought by entering a record on |
the Health Care Worker Registry that a waiver is pending and |
must act upon the waiver request within 30 days
of
receipt of |
all necessary information, as defined by rule. Except in cases |
where a rehabilitation waiver is granted, a letter shall be |
sent to the applicant notifying the applicant that he or she |
has received an automatic waiver.
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(d) An individual shall not be employed 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.
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(e) The entity responsible for inspecting, licensing,
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certifying, or
registering the health care employer and the |
Department of Public Health shall be immune from liability for |
any
waivers granted under this Section.
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(f) A health care employer is not obligated to employ or |