77 Ill. Adm. Code 955.150
Employment Prohibition
Section 955.150Â Employment Prohibition
a)
A
health care employer or long-term care facility may hire, employ, or retain
,
whether on a paid or volunteer basis,
any individual in a position involving
direct care for clients, patients, or residents,
and a long-term care facility may hire, employ, or
retain
, whether paid or on a volunteer basis,
any individual in a position with duties that
involve
access to the living quarters or the financial, medical, or
personal records of clients, patients, or residents, who has been convicted of
committing or attempting to commit one or more of the following offenses only
with a waiver described in Section 40
of the Act and Sections 955.260 or
955.275 of this Part. (Section 25(a) of the Act)
b)
A
health care employer shall not hire, employ, or retain, whether paid or on a
volunteer basis, any individual in a position with duties involving direct care
of clients, patients, or residents
, and no long-term care facility shall knowingly hire, employ, or
retain, whether paid or on a volunteer basis, any individual in a position with
duties that involve or may involve contact with residents or access to the
living quarters or financial, medical, or personal records of residents,
if the health care employer becomes aware that the individual has been
convicted in another state of committing or attempting to commit an offense
that has the same or similar elements as an offense listed in
Section 25 of
the Act and Section 955.160 of this Part
as verified by court records,
records from a State agency
(e.g., Department of Corrections records)
,
or an FBI criminal history record check
, unless the applicant or employee obtains a waiver pursuant to
Section 40 of the Act
and
this Part
.
This shall not be construed to mean that a health care
employer has an obligation to conduct a criminal history records check in other
states in which an employee has resided.
(Section 25(b) of the Act)
c)
A
health care employer shall not hire, employ, or retain, whether paid or on a
volunteer basis, any individual in a position with duties involving direct care
of clients, patients, or residents who has a finding by the Department of
abuse, neglect, misappropriation of property, or theft denoted on the Health
Care Worker Registry.
(Section 25(c) of the Act)
d)
A
health care employer shall not hire, employ, or retain, whether paid or on a
volunteer basis, any individual in a position with duties involving direct care
of clients, patients, or residents if the individual has a verified and
substantiated finding of abuse, neglect, or financial exploitation, as
identified within the Adult Protective Service Registry established under
Section 7.5 of the Adult Protective Services Act.
(Section 25(d) of the Act)
e)
A
health care employer shall not hire, employ, or retain, whether paid or on a
volunteer basis, any individual in a position with duties involving direct care
of clients, patients, or residents who has a finding by the Department of Human
Services of physical or sexual abuse, financial exploitation, or egregious
neglect of an individual denoted on the Health Care Worker Registry
.Â
(Section 25(e) of the Act)