Section 515.190 Felony Convictions

Section 515.190  Felony Convictions

a)         Applicants

and licensees convicted of an Illinois

Class X, Class 1 or Class 2 felony or

an out-of-state equivalent offense

shall be subject to adverse licensure

actions under Section 3.50(d)(8) of the Act. In determining whether an

applicant or licensee has been convicted of

an out-of-state equivalent

offense

under Section 3.50(d)(8)(H) of the Act, the Department shall look to

the essential elements of the out-of-state offense to determine whether that

conviction is substantially equivalent to an Illinois Class X, Class 1 or Class

2 felony.  The fact that the out-of-state offense may be named or classified

differently by another state, territory or country shall not be considered in

determining whether the out-of-state offense is equivalent.  The controlling

factor shall be whether the essential elements of the out-of-state offense are

substantially equivalent to the essential elements of an Illinois Class X,

Class 1 or Class 2 felony (Section 3.50(d) of the Act).

b)         All

applicants for any license, permit or certification under the Act shall fully

disclose any and all felony convictions in writing to the Department at the

time of initial application or renewal.  Failure to disclose all felony

convictions on an application submitted to the Department shall be grounds for

license denial or revocation.

c)         All

licensees and certificate and permit holders under the Act shall report all new

felony convictions to the Department within seven days after conviction.

Convictions shall be reported by means of a letter to the Department.

d)         For

applicants with a

Class X, Class 1 or Class 2 felony or an out-of-state

equivalent

offense

(Section 3.50(d) of the Act), the Department shall have the

authority to require that the applicant sign an authorization permitting the

Department to obtain a criminal history report from the Illinois State Police

or other law enforcement agency at the applicant's cost

to the Department.

d)         For

applicants with a

Class X, Class 1 or Class 2 felony or an out-of-state

equivalent

offense

(Section 3.50(d) of the Act), the Department shall have the

authority to require that the applicant sign an authorization permitting the

Department to obtain a criminal history report from the Illinois State Police

or other law enforcement agency at the applicant's cost.  The failure or

refusal of any felony applicant to provide the authorization and fee required

by the applicable law enforcement agency shall be grounds for denial of

licensure, including renewal.

e)         In

deciding whether to issue any license to a person with a felony conviction

under Section 3.50(d) of the Act, the Department shall consider the degree to

which the applicant's criminal history suggests that the applicant may present

a risk to patients.  Factors to be considered shall include, but not be limited

to:

1)         The

length of time since the conviction and the severity of the penalty imposed;

2)         Whether

the conviction involved theft, deception or infliction of intentional,

unjustified harm to others;

3)         Whether

there are repeat or multiple convictions or whether the convictions suggest a

particular pattern of overall disregard for the safety or property of others;

4)         Whether

the conviction suggests a propensity that may pose a threat to the public in

stressful situations commonly confronted by EMS providers and EMRs;

5)         The

degree to which the applicant provided full, complete and accurate information

upon written request of the Department; and

6)         Other

unusual facts and circumstances that strongly suggest that the applicant should

not be granted a license.

f)         The

Department may request and the applicant shall provide all additional

information relevant to the applicant's history and the factors listed in

subsection (e)

cant provided full, complete and accurate information

upon written request of the Department; and

6)         Other

unusual facts and circumstances that strongly suggest that the applicant should

not be granted a license.

f)         The

Department may request and the applicant shall provide all additional

information relevant to the applicant's history and the factors listed in

subsection (e).  The Department shall deny any application when the applicant fails

or refuses to provide additional relevant information requested by the

Department, including, but not limited to, providing the written authorization

and fee for a police criminal background check.