TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER u: MISCELLANEOUS PROGRAMS AND SERVICES
PART 955 HEALTH CARE WORKER BACKGROUND CHECK CODE
SECTION 955.270 DEPARTMENT REVIEW OF WAIVER APPLICATION
Section 955.270 Department Review of Waiver Application
a) The Department will consider an application for a waiver upon receipt of a complete application in accordance with Section 955.260 of this Part and upon receipt of the results of a UCIA fingerprint-based criminal history records check.
b) A application for a waiver shall be denied unless the applicant meets the following requirements and submits documentation thereof with the waiver application:
1) Except in the instance of payment of court-imposed fines or restitutions in which the applicant is adhering to a payment schedule, the applicant shall have met all obligations to the court and under terms of parole (i.e. probation has been successfully completed); and
2) The applicant shall have satisfactorily completed a drug and/or alcohol recovery program, if drugs and/or alcohol were involved in the offense.
c) The Department may grant a waiver based on mitigating circumstances, which may include:
1) The age of the individual when the crime was committed;
2) The circumstances surrounding the crime;
3) The length of time since the conviction;
4) The applicant's or employee's criminal history since the conviction;
5) The applicant's or employee's work history;
6) The applicant's or employee's current employment references;
7) The applicant's or employee's character references;
8) Nurse Aide Registry records; and
9) 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, which may include, but is not limited to, the applicant's or employee's participation in anger management or domestic violence prevention programs; the applicant's or employee's status on nurse aide registries in other states; the applicant's or employee's criminal history in other states; or the applicant's or employee's successful completion of all outstanding obligations or responsibilities imposed by or to the court. (Section 40(b) of the Act)
d) Waivers will not be granted to individuals who have not met the following time frames. "Disqualifying" refers to offenses listed in Section 955.220 of this Part.
1) Single disqualifying misdemeanor conviction – no earlier than one year after the conviction date;
2) Two to three disqualifying misdemeanor convictions – no earlier than three years after the most recent conviction date;
3) More than three disqualifying misdemeanor convictions – no earlier than five years after the most recent conviction date;
4) Single disqualifying felony convictions – no earlier than three years after the conviction date;
5) Two to three disqualifying felony convictions – no earlier than five years after the most recent conviction date;
6) More than three disqualifying felony convictions – no earlier than ten years after the most recent conviction date.
e) Waivers will not be granted to individuals who have been convicted of committing or attempting to commit one or more of the following offenses:
1) Solicitation of murder, solicitation of murder for hire [720 ILCS 5/8-1.1 and 8-1.2];
2) Murder, drug induced homicide, involuntary manslaughter and reckless homicide, intentional homicide of an unborn child, voluntary manslaughter of an unborn child, involuntary manslaughter and reckless homicide of an unborn child, or concealment of a homicidal death [720 ILCS 5/9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, and 9-3.3];
3) Kidnaping or aggravated kidnaping [720 ILCS 5/10-1 and 10-2];
4) Indecent solicitation of a child, sexual exploitation of a child, exploitation of a child, child pornography [720 ILCS 5/11-6, 11-9.1, 11-19.2, and 11-20.1];
5) Aggravated domestic battery, aggravated battery, heinous battery, aggravated battery with a firearm, aggravated battery with a machine gun, aggravated battery of a child, aggravated battery of an unborn child, aggravated battery of a senior citizen, or drug induced infliction of great bodily harm [720 ILCS 5/12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.6, and 12-4.7];
6) Criminal sexual assault or aggravated criminal sexual assault [720 ILCS 5/12-13, 12-14, and 12-14.1];
7) Criminal sexual abuse, aggravated criminal sexual abuse or predatory criminal sexual assault of a child [720 ILCS 5/12-15 and 12-16];
8) Abuse and gross neglect of a long-term care facility resident [720 ILCS 5/12-19];
9) Criminal abuse or neglect of an elderly or disabled person [720 ILCS 5/12-21];
10) Financial exploitation of an elderly person or a person with a disability [720 ILCS 5/16-1.3];
11) Armed robbery [720 ILCS 5/18-2];
12) Aggravated vehicular hijacking [720 ILCS 5/18-4]; and
13) Aggravated robbery [720 ILCS 5/18-5].
f)
The Director of Public Health may grant a waiver to an individual who does not meet the requirements of subsection (b), (d), or (e) of this Section, based on mitigating circumstances (see subsection (c) of this Section). (Section 40b of the Act)