(225 ILCS 46/28)

Sec. 28. Designation on Registry for offense.

(a) The Department, after notice to the employee, or former employee, may denote on the Health Care Worker Registry that the Department has found any of the following:

(1) The employee, or former employee, has abused a resident.

(2) The employee, or former employee, has neglected a resident.

(3) The employee, or former employee, has misappropriated resident property.

(4) The employee, or former employee, has been convicted of (i) a felony; (ii) a misdemeanor, an essential element of which is dishonesty; or (iii) any crime that is directly related to the duties of an employee, a nursing assistant, habilitation aide, or child care aide.

(b) Notice under this Section shall include a clear and concise statement of the grounds denoting abuse, neglect, theft, or other applicable finding, and notice of the opportunity for a hearing to contest the designation.

(c) The Department shall document criminal history records check results pursuant to the requirements of this Act.

(d) After the designation of neglect on the Health Care Worker Registry, made pursuant to this Section, an employee, or former employee, may petition the Department for removal of a designation of neglect on the Health Care Worker Registry, after durations set forth within the Department's notice made pursuant to subsections (a) and (b) of this Section. Upon receipt of a petition, the Department may remove the designation for a finding of neglect after no less than one year, or the designation of applicable findings set forth by rule of an employee, or former employee, for minimum durations set forth by the Department, on the Health Care Worker Registry unless the Department determines that removal of designation is not in the public interest. The Department shall set forth by rule the discretionary factors by which designations of employees or former employees may be removed.

(Source: P.A. 100-432, eff. 8-25-17.)