Individuals with Arrest and Conviction Records Have New Access to Health Care Jobs
A recently amended Illinois law opens the health care industry to individuals with a criminal record. Previous convictions of disqualifying offenses no longer prevent people from working in the Illinois health care industry. The new law is Senate Bill 1965, and it amends the Health Care Worker Background Check Act.
People with records in the criminal justice system can now obtain a waiver for what used to be disqualifying conditions. The new waiver process is quick and efficient and will work with the current background check process required by the Illinois Department of Public Health (IDPH).
Disqualifying offenses that may be considered for a waiver by the submission of a waiver application are available on the IDPH website, see Disqualifying Convictions. Note that the Department may give you a background check waiver, but they are not obligated to automatically grant a waiver. Every situation is determined on a case by case basis with a review of the facts and underlying disqualifying offense.
Illinois Health Care Applicants: Chicago IDFPR Attorney Michael V. Favia Can Help You
The amended Health Care Worker Background Check Act applies to individuals seeking employment in health care positions in the State of Illinois. Note that this new law provides for disqualifying condition waivers for Illinois applicants, there can be additional steps necessary for out-of-state applicants. Also, disqualifying offenses charged by different states could affect eligibility for background check waivers in Illinois.
Health care attorney and former Chief of Prosecutions at the Illinois Department of Professional Regulation, Michael V. Favia has unique knowledge and relationships with Department professionals to advocate for individual health care job applicants and the organizations seeking to place new workers in health care jobs.
Call a Chicago IDFPR Attorney at Michael V. Favia & Associates if You Need Assistance with Health Care Job Applications and the Professional Licensing and Regulation Process at (312) 609-6666
Senate Bill 1965 was signed into law on July 31, 2019, immediately effective to expand access to employment in health care. People who might have previously looked otherwhere for jobs and career opportunities now have access to background check waivers for Illinois health care jobs.
Illinois Residents Need New Health Care Jobs and The Background Check Waiver Helps Them Now
Illinois residents need jobs and there are many jobs to be filled in health care. What previously had been a great opportunity for some, would never have been possible because of criminal justice system records.
Illinois Governor JB Pritzker stated about the new law, “Over 4 million Illinoisans have an arrest or conviction record – that includes over 40 percent of our working-age population. I’m so proud that this legislation will dismantle another part of the wall that blocks people with records from living a dignified life”
What is Different Under the Amended Background Check Law with SB 1965
The new law allows Illinois residents to apply to work in health care to initiate their criminal background checks. The applicant can use a workforce organization or a pro bono legal service provider to request their criminal history before applying. The benefit of this is that the individual applicant can start the process of seeking a waiver if they have a disqualifying offense.
Before the new law, only the health care provider who made a job offer conditional on a background check could start the process. By changing the process, the applicant can get their waiver and apply it without the negative stigma of criminal history.
Seeking Waivers for Disqualifying Offenses and the Appeals Process for Waiver Denials
There are a waiver application and waiver application instructions available for health care applicants who have disqualifying offense convictions that can be waived so they can pass their background check. Depending on the details of the underlying offense, the application process can require a healthcare attorney.
Whether the applicant is new to the health care industry or is a seasoned professional who ended up with a disqualifying offense conviction, your health care attorney might need to help you with an appeal of any negative decision from the department. If you have any questions about the process or you are hiring for a health care organization and benefit from legal advice, counsel, and representation, call Michael V. Favia & Associates, with offices in Chicago and Rolling Meadows, Illinois.
