Illinois Compiled Statutes
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210 ILCS 45/3-206.01
(210 ILCS 45/3-206.01)
(from Ch. 111 1/2, par. 4153-206.01)
Health Care Worker Registry.
(a) A facility shall not employ an individual as a nursing
assistant, habilitation aide, home health aide, psychiatric services rehabilitation aide, or child care aide, or newly hired as an individual who may have access to a resident, a resident's living quarters, or a resident's personal, financial, or medical records,
unless the facility has inquired of the Department's Health Care Worker Registry and the individual is listed on the Health Care Worker Registry as eligible to work for a health care employer. The facility shall not employ an individual as a nursing assistant, habilitation aide, or child care aide if that individual is not on the Health Care Worker Registry
unless the individual is enrolled in a training program under
paragraph (5) of subsection (a) of Section 3-206 of this Act. The Department may also maintain a publicly
(a-5) The Health Care Worker Registry maintained by the Department exclusive
to health care employers, as defined in the Health Care Worker Background Check Act, shall clearly indicate whether an
applicant or employee is eligible for employment and shall
include the following:
(1) information about the individual, including the
individual's name, his or her current address, Social Security number, the date and location of the training course completed by the individual, whether the individual has any of the disqualifying convictions listed in Section 25 of the Health Care Worker Background Check Act from the date of the individual's last criminal record check, whether the individual has a waiver pending under Section 40 of the Health Care Worker Background Check Act, and whether the individual has received a waiver under Section 40 of that Act;
(2) the following language:
"A waiver granted by the Department of Public
Health is a determination that the applicant or employee is eligible to work in a health care facility. The Equal Employment Opportunity Commission provides guidance about federal law regarding hiring of individuals with criminal records."; and
(3) a link to Equal Employment Opportunity Commission
guidance regarding hiring of individuals with criminal records.
(a-10) After January 1, 2017, the publicly accessible
registry maintained by the Department shall report that an individual is ineligible to work if he or she has a disqualifying offense under Section 25 of the Health Care
Worker Background Check Act and has not received a waiver under
Section 40 of that Act. If an applicant or employee has
received a waiver for one or more disqualifying offenses under
Section 40 of the Health Care Worker Background Check Act and he or she is otherwise eligible to work, the Department of
Public Health shall report on the public registry that the
applicant or employee is eligible to work. The Department,
however, shall not report information regarding the waiver on
the public registry.
(Source: P.A. 99-78, eff. 7-20-15; 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.)