Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 111 - RECIPIENT RIGHTS › Section 111.20 - Services to individuals who are deaf, hard-of-hearing, deaf-blind, or deafened hearing impaired) and/or who use manual/visual communication

Current through Register Vol. 48, No. 28, July 12, 2024
All individuals receiving services shall be provided with
				adequate and humane care and services pursuant to an individualized service
				(treatment or habilitation) plan in accordance with Sections 2-102(a), 3-209
				and 4-309 of the Code [405 ILCS 5/2-102(a),
				3 -209 and 4-309]. In accordance with
				Sections 2-102(a), 3-204, 3-205 and 4-205 of the Code [405 ILCS
				5/2-102(a), 3 -204, 3-205, and 4-205]
				no individual shall, on the basis of being deaf, hard-of-hearing, deaf-blind,
				or deafened (hearing impaired) and/or using manual or visual communication to
				communicate, be excluded from the participation in, be denied the benefits of,
				or be subjected to discrimination by a facility.
a) Definitions
For the purposes of this Section, the following terms are
				defined:
"CART (Computer Aided Realtime Translation) reporting
				services." The verbatim translation of the spoken word into a visually enhanced
				format from a stenotype machine to a computer.
"CART reporter." A certified shorthand reporter licensed by the
				Department of Professional Regulation under the Illinois Certified Shorthand
				Reporters Act of 1984 [225 ILCS 415 ] or a registered professional reporter
				licensed by the National Association of Court Reporters, 8224 Old Courthouse
				Road, Vienna, Virginia 22182-3808, telephone (800) 272-6272, with experience in
				CART reporting.
"Code." The Mental Health and Developmental Disabilities Code
				[405 ILCS 5 ].
"Communication facilitation." The means provided to overcome a
				barrier in communication created because an individual is hearing impaired
				and/or uses manual or visual communication, e.g., interpreter, CART reporting
				services or mental health or developmental disability and deafness professional
				services.
"Deaf." Any loss of hearing, occurring prior to the acquisition
				of normal spoken language, that precludes processing of linguistic information
				through audition, with or without a hearing aid. An individual may be
				considered "deaf" based on language use, cultural affiliation, social
				preferences, or self-determination.
"Deaf-blind." Any loss of hearing, occurring at any age prior
				to or post acquisition of normal spoken language, that precludes processing of
				linguistic information through audition, with or without a hearing aid, and
				visual impairment of 20/70 in the better eye corrected or a visual field of 20
				degrees or less.
"Deafened." Any loss of hearing, occurring at any age after
				normal spoken language was acquired, that precludes processing of linguistic
				information through audition, with or without a hearing aid.
"Department." The Department of Mental Health and Developmental
				Disabilities or successor agency.
"Facility." Any mental health or developmental disability
				facility, as defined by Sections 1-107 and 1-114 of the Code [405 ILCS 5/1-107
				and 1 -114].
"Hard-of-hearing." Any loss of hearing that allows, generally
				with the use of a hearing aid, the processing of linguistic information through
				audition.
"Hearing impaired." Deaf, deaf-blind, hard-of-hearing, or
				deafened.
"Individual." A recipient of mental health or developmental
				disabilities services, as defined by Sections 1-111 and 1-128 of the Code [405
				ILCS 5/1-111 and 1 -128].
"Interpreter/Transliterator." A qualified professional who
				provides communication facilitation services between any persons using
				different modes (spoken or manual) and/or languages (English/American Sign
				Language) to communicate. This person shall be certified by the Registry of
				Interpreters for the Deaf, 8719 Colesville Road, Suite 310, Silver Spring, MD
				20910-3919, telephone (301) 608-0050, or shall be assessed by the interpreter
				skills assessment screening (ISAS) attaining a level IV or level V
				certification or shall be approved by the Statewide Coordinator.
"Manual or visual communication." Using the hands, body, or
				facial expressions as the primary modalities for communication, but may also
				include and not be limited to American Sign Language, signed English,
				fingerspelling, pantomime, gestures, lip or speech reading, tactile
				fingerspelling or signs, CART, paper and pencil (writing or reading), flash
				cards, telecommunication (telephone) devices for the deaf (TTY), hearing aids,
				and other methods of manual or visual communication.
"Mental health or developmental disability and deafness
				professionals." Mental health or developmental disability professionals, e.g.,
				psychiatrists, psychologists, social workers, psychiatric nurses, speech and
				language pathologists and other mental health or developmental disability
				professionals with intermediate or advanced expertise in manual or visual
				communication modes and languages and knowledge of culture and psychosocial
				aspects of individuals who have hearing impairments.
"Preferred mode of communication." Any visual and/or auditory
				communication mode and/or language used by an individual who is hearing
				impaired to express him or herself and to understand the communication of
				others, e.g., American Sign Language, writing.
"Statewide Coordinator." The Department's Statewide Coordinator
				of Services for People who are Deaf, Hard of Hearing or Deaf-Blind. \
b) Services for individuals who
			 are hearing impaired
1) Intake and admission
A) Intake staff shall determine through
			 initial assessment, input, and consultation that an individual presenting for
			 admission has a hearing impairment or other communication deficit, what type
			 and degree of hearing loss the individual has (based on information available
			 at the time of intake), and whether he or she requires manual or visual
			 communication. This information shall be documented on form DMHDD-142a,
			 "Clinical Record Face Sheet" or on the community agency's intake
			 form.
B) Each facility shall
			 maintain a list of interpreters, CART reporters and mental health or
			 developmental disability deafness professionals employed by, or under contract
			 to, the facility. The list shall have each interpreter's mode of communication
			 and level of certification. The facility director shall be responsible for
			 distributing the list to the appropriate facility staff and updating it at
			 least annually. These lists shall be submitted to the Statewide
			 Coordinator.
C) Facility staff,
			 with the assistance, if necessary, of family members or friends of the
			 individual who use the individual's preferred mode of communication, shall
			 inform the individual that an interpreter, CART reporters (to facilitate
			 communication) and/or mental health or developmental disability and deafness
			 professional (to consult) has been contacted and the expected time of arrival.
			 Facility staff (unless qualified), family members, or friends of the individual
			 shall not interpret. A qualified interpreter, CART reporter and/or mental
			 health or developmental disability and deafness professional shall be used
			 during the individual's intake, assessment and evaluation, when information is
			 being conveyed to the individual regarding admission, discharge, transfer, or
			 the right to object thereto, the explanation of the individual's rights, when
			 being examined for involuntary admission or certification, while being
			 interviewed or tested by a psychologist, psychiatrist or physician, during
			 therapy, or whenever necessary to provide effective treatment or habilitation
			 services to the individual. Writing is not an acceptable substitute for an
			 interpreter, CART reporter and/or mental health or developmental disability and
			 deafness professional during the intake, admission and therapy
			 process.
D) If communication
			 facilitation is necessary in order to determine whether the individual meets
			 the admission criteria, or to complete the admission, discharge, or transfer
			 process, it shall be obtained preferably within 12 hours, but not later than
			 the time limits prescribed by Sections 3-503, 3-504(f), 3-604, 3-607, 3-610,
			 3-704(a), 4-300, 4-402(a) and 4-405 [405 ILCS 5/3-503, 3 -504(f), 3-604, 3-607,
			 3-610, 3-704(a), 4-300, 4-402(a) and 4-405]. The services of an interpreter,
			 CART reporter and/or mental health or developmental disability and deafness
			 professional shall be available to the facility 24 hours per day, seven days
			 per week. This requirement may be met by contracting with a person for services
			 as needed. The facility shall pay for the cost of the interpreter or CART
			 reporter.
E) The Statewide
			 Coordinator shall assist any facility on request in obtaining the services of
			 an interpreter, a CART reporter or a mental health or developmental disability
			 and deafness professional.