Illinois Administrative Code

Section 935.40 Camp Sites a) Camp Location. Camp sites shall be well drained, free of weeds, insects and obnoxious odors and also free from depressions in which water may stand. Housing units shall not be located within 200 feet of swamps, sinks holes, or other surface collection…

Section 935.50 Water Supply a) Water Supply – General. The water supply for drinking, culinary, laundry and bathing purposes, as well as the distribution system for such water supply, shall be located, constructed, operated and maintained as required by the Department's Drinking …

Section 935.60 Sewage Disposal a) General. All sewage generated within a migrant labor camp shall discharge into a sewage disposal system approved by the Illinois Environmental Protection Agency, or a private sewage disposal system designed, constructed and maintained in accordan…

Section 935.65 Required Sanitary Facilities a) Toilets 1) A water closet, chemical toilet or privy seat shall be provided for each sex in the ratio of one for each 15 persons. (B) 2) Each toilet room shall be located so as to be accessible without any individual passing through a…

Section 935.70 Food Preparation, Storage and Eating Facilities a) Commercial Operations. If the food is prepared by someone other than the residents of the migrant labor camp, the facility shall be constructed and operated in accordance with the Food Service Sanitation Code (77 I…

Section 935.80 Solid Waste Disposal a) General. The storage, collection and disposal of refuse produced in a camp shall be conducted so as to avoid the creation of conditions detrimental to public health, such as rodent harborage, insect-breeding areas, odors, air pollution and a…

Section 935.85 Electrical a) New Installations. Electrical wiring and appurtenances installed between January 1, 1990 and July 1, 1997 shall comply with the 1990 edition of the National Fire Protection Association's National Electrical Code. Electrical wiring and appurtenances in…

Section 935.90 Mechanical Equipment a) Heating Equipment. All rooms except privies and storage sheds shall be provided with operable heating equipment capable of maintaining a temperature of at least 70º Fahrenheit if the camp operates when the outside temperature is below 50º Fa…

Section 940.100 Definitions The following terms have the meaning ascribed to them here whenever the term is used in this Part: Act – the Language Assistance Services Act [210 ILCS 87]. Department – the Department of Public Health. (Section 10 of the Act) Health facility – a hospi…

Section 940.110 Referenced Materials The following Illinois laws are referenced in this Part: a) Hospital Licensing Act [210 ILCS 85] b) Nursing Home Care Act [210 ILCS 45] c) Illinois Administrative Procedure Act [5 ILCS 100] d) Interpreter for the Deaf Licensure Act of 2007 [22…

Section 940.120 Language Assistance Services A health facility shall ensure access to health care information and services for limited-English-speaking or non-English-speaking residents or patients or deaf residents or patients. To meet this requirement, a health facility shall d…

Section 940.130 Qualifications of Interpreters a) Interpreters shall have the ability to translate the names of body parts and to describe completely symptoms and injuries in both English and in the necessary second language, or in sign language. (Section 10 of the Act) b) Interp…

Section 940.140 Complaints a) A person who believes that the Act or this Part may have been violated may submit a complaint to the Department. The complaint may be submitted in writing, by telephone, or in person. b) A health care facility shall be provided an opportunity to reso…

Section 940.150 Notice of Violation a) If a complaint is not resolved informally, then the Department shall serve a notice of violation of the Act upon the health facility. (Section 16 of the Act) b) The notice of violation shall be in writing and shall: 1) Specify the nature of …

Section 940.160 Plan of Correction a) If the Department finds that a health facility is in violation of the Act, the health facility may submit to the Department, for its approval, a plan of correction. (Section 17 of the Act) b) In determining whether to approve the plan of corr…

Section 940.170 Penalties a) For the first violation of an approved plan of correction, the Department shall impose a penalty of $100. (Section 17 of the Act) b) For a second or subsequent violation of an approved plan of correction, the Department shall impose a penalty of $250.…

Section 949.10 Definitions "Act" means the Smoke Free Illinois Act [410 ILCS 82]. "Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and that derives no more than 10% of its gross revenue from the sale of f…

Section 949.20 Referenced Materials a) The following State and federal laws are referenced in this Part: 1) Smoke Free Illinois Act [410 ILCS 82] 2) Freedom of Information Act [5 ILCS 140] 3) Illinois Administrative Procedure Act [5 ILCS 100] b) The following administrative rules…

Section 949.30 Complaints a) Any person may register a complaint with the Department, a State-certified local public health department, or a local law enforcement agency for a violation of the Act or this Part. (Section 40(b) of the Act) Complaints shall be registered with the De…

Section 949.40 Enforcement a) The Department, State-certified local public health departments, and local law enforcement agencies shall enforce the provisions of the Act and this Part. Fines may be assessed pursuant to Section 45 of the Act and this Part. b) Any employer, owner, …

Section 955.100 Applicability This Part applies to all unlicensed individuals employed or retained by a health care employer as home health care aides, nurse aides, personal care assistants, private duty nurse aides, day training personnel, or an individual working in any similar…

Section 955.110 Definitions The following terms have the meaning ascribed to them whenever the term is used in this Part: "Act" – the Health Care Worker Background Check Act. "Applicant" – an individual enrolling in a training program or seeking employment with a health care empl…

Section 955.115 Initiation of Fingerprint-Based Criminal History Records Checks as a Fee Applicant Inquiry Fingerprint-based criminal history records checks shall be initiated by educational entities, staffing agencies, workforce intermediaries, organizations that provide pro bon…

Section 955.120 Incorporated and Referenced Materials a) The following State of Illinois statutes are referenced in this Part: 1) Community Living Facilities Licensing Act [210 ILCS 35] 2) Life Care Facilities Act [210 ILCS 40] 3) Nursing Home Care Act [210 ILCS 45] 4) Home Healt…

Section 955.130 Exceptions The Act and this Part shall not apply to: a) An individual who is licensed by the Department of Financial and Professional Regulation or the Department of Public Health under another law of this State; b) An individual employed or retained by a health c…

Section 955.135 Contracted or Subcontracted Workers a) Any unlicensed contracted or subcontracted worker shall undergo a fingerprint-based criminal history records check through the processes established in the Act and this Part. b) A staffing agency may request access to the sec…

Section 955.140 Policies Defining Employee Work Positions For purposes of the Act and this Part, the health care employer shall establish a policy defining which unlicensed employees provide direct care. If a long-term care employer has unlicensed employees who do not have access…

Section 955.145 Employment Verification a) Each health care employer or its designee shall provide an employment verification and update the demographic information for each employee and each contracted or subcontracted worker no less than annually. (Section 33(i) of the Act) 1) …

Section 955.150 Employment Prohibition a) A health care employer or long-term care facility may hire, employ, or retain, whether on a paid or volunteer basis, any individual in a position involving direct care for clients, patients, or residents, and a long-term care facility may…

Section 955.160 Disqualifying Offenses The following offenses, or offenses that are substantially equivalent to the following offenses under the laws of any other state or of the laws of the United States, as verified by court records, records from a state agency, or a Federal Bu…

Section 955.165 Fingerprint-Based Criminal History Records Check a) Educational entities, other than secondary schools, and health care employers are required to check the Health Care Worker Registry before allowing a student to enter a training program or hiring an employee to d…

Section 955.170 Non-Fingerprint-Based UCIA Criminal History Records Check (Repealed) (Source: Repealed at 43 Ill. Reg. 3665, effective March 1, 2019)

Section 955.180 Criminal History Records Checks after Implementation a) A fingerprint-based criminal history records check is not required for health care employees who have been continuously employed by a health care employer prior to the implementation of the fingerprint-based …

Section 955.190 Notification to Student, Applicant, or Employee a) The student, applicant, or employee shall be notified of each of the following whenever a fingerprint-based criminal history records check is requested pursuant to the Act and this Part: 1) That the educational en…

Section 955.200 Submission of Criminal History Records Check Results to Nurse Aide Registry (Repealed) (Source: Repealed at 33 Ill. Reg. 5378, effective March 26, 2009)

Section 955.210 Offer of Permanent Employment a) A health care employer is not obligated to employ or offer permanent employment to an applicant, or to retain an employee who is granted a waiver. (Section 40(f) of the Act) b) The health care employer shall develop policies concer…

Section 955.220 Health Care Employer Files a) The health care employer shall retain on file for a period of 5 years records of criminal records requests for all employees. The health care employer shall retain a copy of the disclosure and authorization forms, a copy of the livesc…

Section 955.230 Invalid Non-Fingerprint-Based Records Check (Repealed) (Source: Repealed at 33 Ill. Reg. 5378, effective March 26, 2009)

Section 955.240 Fingerprint-Based UCIA Criminal History Records Check (Repealed) (Source: Repealed at 33 Ill. Reg. 5378, effective March 26, 2009)

Section 955.250 Additional Conviction (Repealed) (Source: Repealed at 33 Ill. Reg. 5378, effective March 26, 2009)

Section 955.260 Application for Waiver a) Any student, applicant, individual receiving services from a workforce intermediary or organization providing pro bono legal services, or employee listed on the Health Care Worker Registry may request a waiver of the prohibition against e…

Section 955.270 Department Review of Waiver Application a) The Department will consider an application for a waiver from individuals who have been convicted of committing or attempting to commit one or more of the offenses listed in Appendix C upon receipt of a complete applicati…

Section 955.275 Rehabilitation Waiver a) The Department may consider the results of a fingerprint-based criminal history records check for a rehabilitation waiver, if sufficient time has passed since the last disqualifying conviction. A rehabilitation waiver may be granted withou…

Section 955.280 Employment Pending Waiver An individual shall not be employed in direct care or employed in a long-term care facility in a position that involves or may involve contact with the residents or access to the resident's living quarters or the financial, medical or per…

Section 955.285 Livescan Vendor Authorization a) Any livescan vendor authorized to provide livescan non-criminal fingerprinting services pursuant to a standardized livescan vendor authorization contract issued by the Department shall determine a fee for collecting fingerprints an…

Section 955.290 Recovery of Back Pay a) A health care employer shall not be liable for the failure to hire or to retain an applicant or health care employee who has been convicted of committing or attempting to commit one or more of the offenses enumerated in the Act or this Part…

Section 955.300 Health Care Worker Registry a) The Department will establish and maintain a Health Care Worker Registry of unlicensed individuals and employees who: 1) Are employed or retained by a health care employer as home health care aides, nurse aides, certified nursing ass…

Section 955.310 Department Findings of Abuse, Neglect, or Misappropriation of Property a) Definitions. As used in this Section: 1) "Abuse" means any physical or mental injury or sexual assault inflicted on a client, patient, or resident, other than by accidental means, in a healt…

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 …

Section 955.APPENDIX C Disqualifying Offenses that May Be Considered for a Waiver by the Submission of a Waiver Application Illinois Compiled Statutes Citation Offense Additional Offense Added Effective 225 ILCS 65/10-5; Practice of Nursing without a License 1/1/04 225 ILCS 65/50…