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� <br /> ; S'FATE OF ILLINOIS /DEPARTMENT OF PROFESSIONAL REGULATION Page 28 of 33 �II <br /> indictments, information, or other formal criminal charges, and any disposition arising therefrom, sentencing, correctional <br /> supervision and release. The individual records must contain both information sufficient to identify the subject of the record <br /> and notations regarding any formal crixninal justice transaction involving the idenrified individual. <br /> b) In determining whether an applicant for a nurse license is unfit for licensure because of crinunal history record <br /> information,the Deparirnent shall consider the following standards: <br /> 1)Whether the crime was one of armed violence [720 ILCS 5/Art.33A]or moral tuipitude.Moral turpitude consists o£ <br /> A)Crime involving dishonesty,false statement or some other element of deceit,untruthfulness or falsification(including but <br /> not limited to perjury, inducement of perjury, false statement, criminal fraud, embezzlement, false pretense, forgery, <br /> counterfeiting and theft). <br /> B) Drug offenses including but not limited to violations of the Illinois Controlled Substances Act [720 ILCS 570/Art.I] and <br /> Federal Drug Enforcement Laws(21 USC 801 et sec�. <br /> C) Sex offenses including but not limited to all crimes listed in Article 11 of the Criminal Code of 1961 [720 ILCS 5/Art. <br /> 11]. <br /> 2)Whether the crime is related to the nursing profession. <br /> 3)Whether more than 10 years have elapsed since the date of complerion of imposed sentence. <br /> 4)Whether the convicrion was from a city ordinance violation or a conviction for which a jail sentence was not imposed. <br /> 5)Whether the applicant has been sufficiently rehabilitated to warrant the public trust.The Deparhnent shall consider,but not <br /> be bound by,the following in considering whether an applicant has been presumed to be rehabilitated: <br /> A)Complerion of probation; <br /> B)Completion of parole supervision;or <br />, C) If no parole was granted, a period of 10 years has elapsed after final discharge or release from any term of imprisonment <br /> without any subsequent conviction. <br /> c)If any one of the following factors exists,this outweighs the presumption of rehabilitarion as defined in subsecrion(b): <br /> 1) Lack of compliance with terms of punishment (i.e.,failure to pay fines or make restitution, violafion of the terms of <br /> probation or parole); <br />' 2)Unwillingness to undergo,or lack of cooperation in,medical or psychiatric treatmenUcounseling; <br /> 3)Falsification of an application for licensure with the Deparhnent; <br /> 4) Failure to furnish to the Department addirional information or failure to appear for an interview or meeting with the <br /> Department in relation to the applicant's applicarion for licensure. <br /> d)The following criminal history records shall not be considered in connection with an application for licensure: <br /> 1)Juvenile ad'udicarions; <br /> J <br /> 2)Records of arrest not followed by a conviction; <br /> 3)Convicrions overturned by a higher court; <br /> http://www.dpr.state.il.us/WHO/ar/nurse.htm 06/04/02 <br />