Section 955.320  Removal from Registry of a Department Finding of Neglect

An employee or former employee may petition the Department for removal from the Registry of a finding by the Department of neglect by completing and submitting an application for removal of the finding on a form prescribed by the Department. (Section 28(d) of the Act)

a)         The employee or former employee shall provide on, or with, the application form information concerning:

1)         The finding of neglect, including:

A)        The facts and circumstances related to the finding;

B)        The number of years since the finding of neglect was imposed;

C)        The individuals who witnessed, investigated, or possessed pertinent information regarding the finding, or set forth employment decisions based on the finding; and

D)        The age of the employee or former employee at the time of the offense.

2)         Employment and character references, if the employee or former employee submits references; and

3)         Any other evidence demonstrating that the employee or former employee does not pose a threat to the health or safety of residents, patients or clients.

b)         An application for removal of a finding may be submitted after no less than one year from the date identified within the Final Order affirming the finding, and not more often than once in every 24 months.

c)         The Department will remove the finding of neglect from the Health Care Worker Registry, unless the Department determines that removal of the finding is not in the public interest.  That determination will be based upon an analysis of the information provided by the applicant in the application for removal of the finding, including, but not limited to, the nature and gravity of the finding and the sufficiency and credibility of the submitted information, as required by this Section.  (Section 28(d) of the Act)

(Source:  Amended at 46 Ill. Reg. 6104, effective April 4, 2022)