Public Act 096-0565
HB0762 Enrolled LRB096 08663 ASK 18787 b

    AN ACT concerning professional regulation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Health Care Worker Background Check Act is
amended by changing Section 40 as follows:
    (225 ILCS 46/40)
    Sec. 40. Waiver.
    (a) Any student, applicant, or employee listed on the
Health Care Worker Registry may request a waiver of the
prohibition against employment by:
        (1) completing a waiver application on a form
    prescribed by the Department of Public Health;
        (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;
        (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.
    (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.
    (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.
    (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
    (e) The entity responsible for inspecting, licensing,
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.
    (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.
(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.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/18/2009