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Public Act 096-0565 |
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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 |
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 |
offer
permanent
employment to an applicant, or to retain an | ||
employee who is granted a waiver
under this Section.
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(Source: P.A. 94-665, eff. 1-1-06; 95-120, eff. 8-13-07; | ||
95-545, eff. 8-28-07; 95-876, eff. 8-21-08.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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