Section 380.170  Consumer Background Checks

a)         Except for triage centers, a facility shall, within 24 hours after admission, request a criminal history background check pursuant to the Uniform Conviction Information Act for all persons age 18 or older seeking admission to the facility, unless a background check was initiated by a hospital pursuant to subsection (d) Section 6.09(d) of the Hospital Licensing Act.  Background checks conducted pursuant to this Section shall be based on the consumer's name, date of birth, and other identifiers as required by the Department of State Police.  (Section 2-104(a) 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 consumer meets criteria related to the consumer's health or lack of potential risk (Section 2-104(a) of the Act).  The facility shall arrange for a fingerprint-based background check or request a waiver from the Department within five 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 2-104(a) of the Act shall be valid only while the consumer is immobile or while the criteria supporting the waiver exist. (Section 2-104(a) 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 or off-site premises if accompanied by staff.  If a fingerprint-based check is required, the facility shall arrange for it to be conducted in a manner that is respectful of the consumer's dignity and that minimizes any emotional or physical hardship to the consumer. (Section 2-104(a) of the Act)

f)         If a facility does not 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 2-104(a) of the Act.

g)         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 prepared pursuant to Section 2-105(d) of the Act is pending.