Section 340.1305 Request for Resident Criminal History Record Information

Section

340.1305  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

[210 ILCS 2635]

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)         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 of the Act

shall be valid only

while the resident is immobile or while the criteria supporting the waiver

exist

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 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 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.