77 Ill. Adm. Code 330.715
Request for Resident Criminal History Record Information
Section
330.715Â Request for Resident Criminal History Record Information
a)
A
facility shall, within 24 hours after admission
of a resident
, request a
criminal history background check pursuant to the Uniform Conviction
Information Act
for all persons 18 or older seeking admission to the
facility, unless a background check was initiated by a hospital pursuant to the
Hospital Licensing Act. Background checks shall be based on the resident's
name, date of birth, and other identifiers as required by the Department of
State Police
. (Section 2-201.5(b) of the Act)
b)Â Â Â Â Â Â Â Â The
facility shall check for the individual's name on the Illinois Sex Offender
Registration website at www.isp.state.il.us and the Illinois Department of
Corrections sex registrant search page at www.idoc.state.il.us to determine if
the individual is listed as a registered sex offender.
c)
If the results of the background check are inconclusive,
the facility shall initiate a fingerprint-based check, unless the fingerprint
check is waived by the Director of Public Health based on verification by the
facility that the resident is completely immobile or that the resident meets
other criteria related to the resident's health or lack of potential risk
, such as the existence of a severe, debilitating physical,
medical, or mental condition that nullifies any potential risk presented by the
resident. (Section 2-201.5(b) of the Act)
The facility shall arrange
for a fingerprint-based background check or request a waiver from the
Department within 5 days after receiving inconclusive results of a name-based
background check. The fingerprint-based background check shall be conducted
within 25 days after receiving the inconclusive results of the name-based check.
d)
A
waiver issued pursuant
to
Section
2-201.5(b) of the Act
shall be
valid only while the resident is immobile or while the criteria supporting the
waiver exist.
(Section 2-201.5(b) of the Act)
e)
The
facility shall provide for or arrange for any required fingerprint-based checks
to be taken on the premises of the facility. If a fingerprint-based check is
required, the facility shall arrange for it to be conducted in a manner that is
respectful of the resident's dignity and that minimizes any emotional or
physical hardship to the resident.
(Section 2-201.5(b) of the Act) If a
facility is unable to conduct a fingerprint-based background check in
compliance with this Section, then it shall provide conclusive evidence of the
resident's immobility or risk nullification of the waiver issued pursuant to
Section 2-201.5(b) of the Act.
f)Â Â Â Â Â Â Â Â The
facility shall be responsible for taking all steps necessary to ensure the
safety of residents while the results of a name-based background check or a
fingerprint-based background check are pending; while the results of a request
for waiver of a fingerprint-based check are pending; and/or while the Identified
Offender Report and Recommendation is pending
.