Ill. Admin. Code tit. 77, § 330.715 - 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 Actfor 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) The facility shall check for the
individual's name on the Illinois Sex Offender Registration website at
www.isp.state.il.u [File Link Not Available] and the Illinois Department of
Corrections sex registrant search page at www.idoc.state.il.u [File Link Not
Available] 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)
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.
Notes
Amended at 35 Ill. Reg. 11513, effective June 29, 2011
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