Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.330 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The terms defined in this Section are terms that are used in
				  licensing standards established by the Department to license medically complex
				  for the developmentally disabled facilities. They are defined as
				  follows:
Abuse - any physical or mental injury or sexual
				  assault inflicted on a resident other than by accidental means in a
				  facility.
(Section 1-103 of the Act)
Abuse means:
Physical abuse refers to the infliction of injury on a
				  resident that occurs other than by accidental means and that requires (whether
				  or not actually given) medical attention.
Mental injury arises from the following types of
				  conduct:
Verbal abuse refers to the use by a licensee, employee or
				  agent of oral, written or gestured language that includes disparaging and
				  derogatory terms to residents or within their hearing or seeing distance,
				  regardless of their age, ability to comprehend or disability.
Mental abuse includes, but is not limited to, humiliation,
				  harassment, threats of punishment or deprivation, or offensive physical contact
				  by a licensee, employee or agent.
Sexual harassment or sexual coercion perpetrated by a
				  licensee, employee or agent.
Sexual assault.
Access - the right to:
Enter any facility;
Communicate privately and without restriction with
				  any resident who consents to the communication;
Seek consent to communicate privately and without
				  restriction with any resident;
Inspect the clinical and other records of a resident
				  with the express written consent of the resident;
or
Observe all areas of the facility except the living
				  area of any resident who protests the observation.
(Section 1-104 of
				  the Act)
Act - as used in this Part, the MC/DD Act.
Activity Program - a specific planned program of varied group
				  and individual activities geared to the individual resident's needs and
				  available for a reasonable number of hours each day.
Adaptive Behavior - the effectiveness or degree with which
				  the individual meets the standards of personal independence and social
				  responsibility expected of the individual's age and cultural group.
Adaptive Equipment - a physical or mechanical device,
				  material or equipment attached or adjacent to the resident's body that may
				  restrict freedom of movement or normal access to one's body, the purpose of
				  which is to permit or encourage movement, or to provide opportunities for
				  increased functioning, or to prevent contractures or deformities. Adaptive
				  equipment is not a physical restraint. No matter the purpose, adaptive
				  equipment does not include any device, material or method described in Section
				  390.1310 as a physical
				  restraint.
Addition - any construction attached to the original
				  building, that increases the area or cubic content of the building.
Adequate or Satisfactory or Sufficient - enough in either
				  quantity or quality, as determined by a reasonable person familiar with the
				  professional standards of the subject under review, to meet the needs of the
				  residents of a facility under the particular set of circumstances in existence
				  at the time of review.
Administrative Warning - a notice to a facility issued by the
				  Department under Section
				  390.277
				  and section 3-303.2 of the Act that indicates that
a situation,
				  condition or practice that violates
the
Act or
the
				  Department's administrative rules, but
does not constitute a Type "AA",
				  Type "A", Type "B", or Type "C" violation
.
Administrator -
a person who is charged with the
				  general administration and supervision of a facility and licensed, if required,
				  under the Nursing Home Administrators Licensing and Disciplinary Act
.
				  (Section 1-105 of the Act)
Advocate - a person who represents the rights and interests
				  of an individual as though they were the person's own, in order to realize the
				  rights to which the individual is entitled, obtain needed services, and remove
				  barriers to meeting the individual's needs.
Affiliate
-
means:
With respect to a partnership, each partner
				  thereof.
With respect to a corporation, each officer, director
				  and stockholder thereof.
With respect to a natural person: any person related
				  in the first degree of kinship to that person; each partnership and each
				  partner thereof which that person or any affiliate of that person is a partner;
				  and each corporation in which that person or any affiliate of that person is an
				  officer, director or stockholder.
(Section 1-106 of the Act)
Aide or Orderly - any person providing direct personal care,
				  training or habilitation services to residents.
Alteration - any construction change or modification of an
				  existing building which does not increase the area or cubic content of the
				  building.
Ambulatory Resident - a person who is physically and mentally
				  capable of walking without assistance, or is physically able with guidance to
				  do so, including the ascent and descent of stairs.
Applicant - any person making application for a
				  license.
(Section 1-107 of the Act)
Appropriate - term used to indicate that a requirement is to
				  be applied according to the needs of a particular individual or
				  situation.
Approved - acceptable to the authority having
				  jurisdiction.
Assessment - the use of an objective system with which to
				  evaluate the physical, social, developmental, behavioral, and psychosocial
				  aspects of an individual.
Audiologist - a person who is licensed as an audiologist
				  under the Illinois Speech-Language Pathology and Audiology Practice Act.
Autism Spectrum Disorder - a disorder that is characterized
				  by persistent deficits in social communication and social interaction across
				  multiple contexts, including deficits in social reciprocity, nonverbal
				  communicative behaviors used for social interactions, and skills in developing,
				  maintaining, and understanding relationships. In addition to the social
				  communication deficits, the diagnosis of autism spectrum disorder requires the
				  presence of restricted, repetitive patterns of behavior, interests, or
				  activities.
Autoclave - an apparatus for sterilizing by superheated steam
				  under pressure.
Basement - when used in this Part, any story or floor level
				  below the main or street floor. Where, due to grade difference, two levels each
				  qualify as a street floor, a basement is any floor below the level of the two
				  street floors. Basements shall not be counted in determining the height of a
				  building in stories.
Behavior Modification - treatment to be used to establish or
				  change behavior patterns.
Cerebral Palsy - a disorder dating from birth or early
				  infancy, nonprogressive, characterized by examples of aberrations of motor
				  function (paralysis, weakness, incoordination) and often other manifestations
				  of organic brain damage such as sensory disorders, seizures, developmental
				  disability, learning difficulty and behavior disorders.
Certification for Title XVIII and XIX - the issuance of a
				  document by the Department to the U.S. Department of Health and Human Services
				  or the Department of Healthcare and Family Services verifying compliance with
				  applicable statutory or regulatory requirements for the purposes of
				  participation as a provider of care and service in a specific federal or State
				  health program.
Certified Nursing Assistant - any person who meets the
				  requirements of 77 Ill. Adm. Code 395 and who provides nursing care or personal
				  care to residents of facilities, regardless of title, and who is not otherwise
				  licensed, certified or registered by the Department of Financial and
				  Professional Regulation to render medical care. Nursing assistants shall
				  function under the supervision of a licensed nurse.
Charge Nurse - a registered professional nurse or a licensed
				  practical nurse in charge of the nursing activities for a specific unit or
				  floor during a shift.
Chemical Restraint - any drug
that is
used for discipline or convenience and
is
not required
				  to treat medical symptoms
or behavior manifestations of mental
				  illness. (Section 2-106 of the Act) For the purposes of this term and its use
				  in Section 390.1310, "convenience" means the use of any restraint by the
				  facility to control resident behavior or maintain a resident that is not in the
				  resident's best interest, and with less use of the facility's effort and
				  resources than would otherwise be required by the facility.
Community Alternatives - service programs in the community
				  provided as an alternative to institutionalization.
Continuing Care Contract - a contract through which a
				  facility agrees to supplement all forms of financial support for a resident
				  throughout the remainder of the resident's life.
Contract - a binding agreement between a resident or the
				  resident's guardian (or, if the resident is a minor, the resident's parent) and
				  the facility or its agent.
Dentist - any person licensed by the State of Illinois to
				  practice dentistry, includes persons holding a Temporary Certificate of
				  Registration, as provided in the Illinois Dental Practice Act.
Department
-
the Department of
				  Public Health
. (Section 1-109 of the Act)
Developmental Disabilities (DD) Aide - any person who
				  provides nursing, personal or habilitative care to residents of Medically
				  Complex for the Developmentally Disabled Facilities, regardless of title, and
				  who is not otherwise licensed, certified or registered to render medical care.
				  Other titles often used to refer to DD Aides include, but are not limited to,
				  Direct Support Persons, Program Aides, and Program Technicians. DD Aides shall
				  function under the supervision of a licensed nurse or a Qualified Intellectual
				  Disabilities Professional (QIDP).
Developmental Disability - means a severe, chronic
				  disability of a person which:
is attributable to a mental or physical impairment or
				  combination of mental and physical impairments,
such as intellectual
				  disability, cerebral palsy, epilepsy, autism spectrum disorder;
is manifested before the person attains age
				  22;
is likely to continue indefinitely;
results in substantial functional limitations in 3 or
				  more of the following areas of major life activity:
self-care;
receptive and expressive language;
learning;
mobility;
self-direction;
capacity for independent living; and
economic self-sufficiency; and
reflects the person's need for combination and
				  sequence of special, interdisciplinary or generic care, treatment or other
				  services that are of lifelong or extended duration and are individually planned
				  and coordinated.
(Section 3-801.1 of the Act)
Dietetic Service Supervisor - a person who:
is a dietitian;
is a graduate of a dietetic and nutrition school or program
				  authorized by the Accreditation Council for Education in Nutrition and
				  Dietetics, the Academy of Nutrition and Dietetics, or the American Clinical
				  Board of Nutrition;
is a graduate, prior to July 1, 1990, of a
				  Department-approved course that provided 90 or more hours of classroom
				  instruction in food service supervision and has had experience as a supervisor
				  in a health care institution that included consultation from a
				  dietitian;
has successfully completed an Association of Nutrition &
				  Foodservice Professionals approved Certified Dietary Manager or Certified Food
				  Protection Professionals course;
is certified as a Certified Dietary Manager or Certified Food
				  Protection Professional by the Association of Nutrition & Foodservice
				  Professionals; or
has training and experience in food service supervision and
				  management in a military service equivalent in content to the programs in the
				  second, third or fourth paragraph of this definition.
Dietitian - a person who is licensed as a dietitian or a
				  licensed dietitian nutritionist under the Dietitian Nutritionist Practice
				  Act.
Direct Supervision - under the guidance and direction of a
				  supervisor who is responsible for the work, who plans work and methods, who is
				  available on short notice to answer questions and deal with problems that are
				  not strictly routine, who regularly reviews the work performed, and who is
				  accountable for the results.
Direct Support Person (DSP) (or Direct Support Professional
				  or Direct Service Provider) - any person who provides habilitative care,
				  services or support to individuals with developmental disabilities and is
				  listed on the Department's Health Care Worker Registry. DSPs shall function
				  under the supervision of a Qualified Intellectual Disabilities Professional
				  (QIDP) or a Licensed or Registered Professional Nurse. Other titles often used
				  to refer to Direct Support Persons include, but are not limited to,
				  Developmental Disabilities (DD) Aide, Mental Health Technician, Program Aide or
				  Program Technician.
Director - the Director of Public Health or his or
				  her designee.
(Section 1-110 of the Act)
Director of Nursing Service - the full-time Registered
				  Professional Nurse who is directly responsible for the immediate supervision of
				  the nursing services.
Discharge - the full release of any resident from a
				  facility.
(Section 1-111 of the Act)
Discipline - any action taken by the facility for the purpose
				  of punishing or penalizing residents.
Distinct Part - an entire, physically identifiable unit
				  consisting of all of the beds within that unit and having facilities meeting
				  the standards applicable to the levels of service to be provided. Staff and
				  services for a distinct part are established as set forth in the respective
				  regulations governing the levels of services approved for the distinct
				  part.
Distressed facility - a facility determined by the
				  Department to be a distressed facility pursuant to Section 3-304.2 of
the
Act.
(Section 1-111.05 of the Act) A facility that has
				  committed violations or that the Department has cited for deficiencies that
				  resulted in harm to a resident will be designated as a distressed facility by
				  the Department according to the methodology described in Section
				  390.185.
Emergency - a situation, physical condition or one or
				  more practices, methods or operations that present imminent danger of death or
				  serious physical or mental harm to residents of a facility.
(Section
				  1-112 of the Act)
Epilepsy - a chronic symptom of cerebral dysfunction,
				  characterized by recurrent attacks, involving changes in the state of
				  consciousness, sudden in onset, and of brief duration. Many attacks are
				  accompanied by a seizure in which the person falls involuntarily.
Existing Facility - any facility initially licensed as a
				  health care facility or approved for construction by the Department, or any
				  facility initially licensed or operated by any other agency of the State of
				  Illinois, prior to March 1, 1980. Existing facilities shall meet the design and
				  construction standards for existing facilities for the level of long-term care
				  for which the license (new or renewal) is to be granted.
Facility or MC/DD Facility - a medically complex for
				  the developmentally disabled facility, whether operated for profit or not, that
				  provides, through its ownership or management, personal care or nursing for 3
				  or more persons not related to the applicant or owner by blood or
				  marriage.
A "facility" may consist of more than one building as long
				  as the buildings are on the same tract, or adjacent tracts of land. However,
				  there shall be no more than one "facility" in any one building.
"Facility" does not include the following:
A home, institution, or other place operated by the
				  federal government or agency thereof, or by the State of Illinois other than
				  homes, institutions, or other places operated by or under the authority of the
				  Illinois Department of Veterans' Affairs;
A hospital, sanitarium, or other institution whose
				  principal activity or business is the diagnosis, care, and treatment of human
				  illness through the maintenance and operation as organized facilities therefor,
				  which is required to be licensed under the Hospital Licensing
				  Act;
Any "facility for child care" as defined in the Child
				  Care Act of 1969;
Any "community living facility" as defined in the
				  Community Living Facilities Licensing Act
;
Any nursing home or sanatorium operated solely by and
				  for persons who rely exclusively upon treatment by spiritual means through
				  prayer, in accordance with the creed or tenets of any well-recognized church or
				  religious denomination. However, the nursing home or sanatorium shall comply
				  with all local laws and rules relating to sanitation and
				  safety;
Any facility licensed by the Department of Human
				  Services as a community-integrated living arrangement as defined in the
				  Community-Integrated Living Arrangements Licensure and Certification
				  Act;
Any facility licensed under the Nursing Home Care
				  Act;
Any ID/DD facility under the ID/DD Community Care
				  Act;
Any "supportive residence" licensed under the
				  Supportive Residences Licensing Act;
Any supportive living facility in good standing with
				  the program established under Section 5-5.01a of the Illinois Public Aid Code,
				  except only for purposes of the employment of persons in accordance with
				  Section 3-206.01
of the Act
;
Any assisted living or shared housing establishment
				  licensed under the Assisted Living and Shared Housing Act, except only for
				  purposes of the employment of persons in accordance with Section
				  3-206.01
of the Act
;
An Alzheimer's disease management center alternative
				  health care model licensed under the Alternative Health Care Delivery Act;
				  or
A home, institution, or other place operated by or
				  under the authority of the Illinois Department of Veterans' Affairs
.
				  (Section 1-113 of the Act)
Financial Responsibility - having sufficient assets to
				  provide adequate services such as: staff, heat, laundry, foods, supplies, and
				  utilities for at least a two-month period of time.
Full-time - on duty a minimum of 36 hours, four days per
				  week.
Goal - an expected result or condition that involves a
				  relatively long period of time to achieve, that is specified in behavioral
				  terms in a statement of relatively broad scope, and that provides guidance in
				  establishing specific, short-term objectives directed toward its
				  attainment.
Governing Body - the policy-making authority, whether an
				  individual or a group, that exercises general direction over the affairs of a
				  facility and establishes policies concerning its operation and the welfare of
				  the individuals it serves.
Guardian - a person appointed as a guardian of the
				  person or guardian of the estate, or both, of a resident under the Probate Act
				  of 1975
. (Section 1-114 of the Act)
Habilitation
-
an effort directed
				  toward increasing a person's level of physical, mental, social, or economic
				  functioning. Habilitation may include, but is not limited to, diagnosis,
				  evaluation, medical services, residential care, day care, special living
				  arrangements, training, education, employment services, protective services,
				  and counseling.
(Section 1-114.001 of the Act)
Health Information Management Consultant - a person who is
				  certified as a Registered Health Information Administrator (RHIA) or a
				  Registered Health Information Technician (RHIT) by the American Health
				  Information Management Association; or is a graduate of a school of health
				  information management that is accredited jointly by the American Medical
				  Association and the American Health Information Management Association.
Health Services Supervisor (Director of Nursing Service) -
				  the full-time Registered Professional Nurse who is directly responsible for the
				  immediate supervision of the health services in a facility.
High-Risk Designation - a designation
, as
				  described in Section
				  390.282(j),
that has been identified by the Department to be inherently necessary
				  to protect the health, safety, and welfare of a resident.
(Section
				  1-114.005 of the Act)
Hospitalization - the care and treatment of a person in a
				  hospital as an inpatient.
Identified offender - a person who meets any of the
				  following criteria:
Has been convicted of, found guilty of, adjudicated
				  delinquent for, found not guilty by reason of insanity for, or found unfit to
				  stand trial for any felony offense listed in Section 25 of the Health Care
				  Worker Background Check Act, except for the following:
a felony offense described in Section 10-5 of the
				  Nurse Practice Act;
a felony offense described in Section 4, 5, 6, 8, or
				  17.02 of the Illinois Credit Card and Debit Card Act;
a felony offense described in Section 5, 5.1, 5.2, 7,
				  or 9 of the Cannabis Control Act;
a felony offense described in Section 401,
				  401.1, 404,
				  405,
				  405.1, 407, or
				  407.1 of the
				  Illinois Controlled Substances Act;
and a felony offense described in the Methamphetamine
				  Control and Community Protection Act.
Has been convicted of, adjudicated delinquent for,
				  found not guilty by reason of insanity for, or found unfit to stand trial for,
				  any sex offense as defined in subsection (c) of Section 10 of the Sex Offender
				  Management Board Act.
Is any other resident as determined by the Department
				  of State Police.
(Section 1-114.01 of the Act)
Immediate Family
-
the spouse, an
				  adult child, a parent, an adult brother or sister, or an adult grandchild of a
				  person
. (Section 1-114.1 of the Act)
Individual Habilitation Plan or IHP - a total plan of care
				  that is developed by the interdisciplinary team for each resident, and that is
				  developed on the basis of all assessment results.
Intellectual Disability or Intellectually Disabled - a
				  disorder with onset during the developmental period that includes both
				  intellectual and adaptive functioning deficits in conceptual, social, and
				  practical domains. The essential features of intellectual disability are
				  deficits in general intellectual abilities and impairment in everyday adaptive
				  functioning.
Interdisciplinary Team - a group of persons that represents
				  those professions, disciplines, or service areas that are relevant to
				  identifying an individual's strengths and needs, and designs a program to meet
				  those needs. This team shall include at least a physician, a nurse with
				  responsibility for the resident, the resident, the resident's guardian, the
				  resident's primary service providers, including staff most familiar with the
				  resident, and other appropriate professionals and caregivers as determined by
				  the resident's needs. The resident or the resident's guardian may also invite
				  other individuals to meet with the Interdisciplinary Team and participate in
				  the process of identifying the resident's strengths and needs.
Licensed Nursing Home Administrator - see
				  "Administrator".
Licensed Practical Nurse - a person with a valid Illinois
				  license to practice as a practical nurse under the Nurse Practice Act.
Licensee - the individual or entity licensed by the
				  Department to operate the facility.
(Section 1-115 of the Act)
Life Care Contract - a contract through which a facility
				  agrees to provide maintenance and care for a resident throughout the remainder
				  of the resident's life.
Maintenance - food, shelter, and laundry
				  services.
(Section 1-116 of the Act)
Maladaptive Behavior - impairment in adaptive behavior as
				  determined by a clinical psychologist or by a physician. Impaired adaptive
				  behavior may be reflected in delayed maturation, reduced learning ability or
				  inadequate social adjustment.
Medically complex - a term used when a child has a medical
				  condition, or multiple medical conditions, that require ongoing specialized
				  care. The medical condition may vary from rare illnesses, to premature birth,
				  or incidents involving physical trauma.
Misappropriation of a Resident's Property
-
the deliberate misplacement, exploitation, or wrongful temporary or
				  permanent use of a resident's belongings or money without the resident's
				  consent
or the consent of a resident's guardian or representative.
				  Misappropriation of a Resident's Property includes failure to return valuables
				  after a resident's discharge or failure to refund money after death or
				  discharge when there is an unused balance in the resident's personal account.
				  (Section 1-116.5 of the Act)
Monitor - a qualified person placed in a facility by the
				  Department to observe operations of the facility, assist the facility by
				  advising it on how to comply with the State regulations, and report
				  periodically to the Department on the operations of the facility.
Neglect - a failure in a facility to provide adequate
				  medical or personal care or maintenance, which failure results in physical or
				  mental injury to a resident or in the deterioration of a resident's physical or
				  mental condition.
(Section 1-117 of the Act) This shall include any
				  allegation in which:
the alleged failure causing injury or deterioration is
				  ongoing or repetitious;
a resident required medical treatment as a result of the
				  alleged failure; or
the failure is alleged to have caused a noticeable negative
				  impact on a resident's health, behavior or activities for more than 24
				  hours.
New Facility - any facility initially licensed as a health
				  care facility by the Department, or any facility initially licensed or operated
				  by any other agency of the State of Illinois, on or after March 1, 1980. New
				  facilities shall meet the design and construction standards for new facilities
				  for the level of long-term care for which the license (new or renewal) is to be
				  granted.
Nurse -
an advanced practice registered
				  nurse,
a registered
professional
nurse, or a licensed
				  practical nurse as defined in the Nurse Practice Act
. (Section 1-118
				  of the Act)
Nursing Care - a complex of activities that carries out the
				  diagnostic, therapeutic, and rehabilitative plan as prescribed by the
				  physician; care for the resident's environment; observing symptoms and
				  reactions and taking necessary measures to carry out nursing procedures
				  involving understanding of cause and effect to safeguard life and
				  health.
Nursing Unit - a physically identifiable designated area of a
				  facility consisting of all the beds within the designated area, but having no
				  more than 75 beds, none of which are more than 120 feet from the nurse's
				  station.
Objective - an expected result or condition that involves a
				  relatively short period of time to achieve, that is specified in behavioral
				  terms, and that is related to the achievement of a goal.
Occupational Therapist, Registered or OTR - a person who is
				  registered as an occupational therapist under the Illinois Occupational Therapy
				  Practice Act.
Occupational Therapy Assistant - a person who is registered
				  as a certified occupational therapy assistant under the Illinois Occupational
				  Therapy Practice Act.
Operator - the person responsible for the control,
				  maintenance and governance of the facility, its personnel and physical
				  plant.
Oversight - general watchfulness and appropriate reaction to
				  meet the total needs of the residents, exclusive of nursing or personal care.
				  Oversight shall include, but is not limited to, social, recreational and
				  employment opportunities for residents who, by reason of mental disability, or
				  in the opinion of a licensed physician, are in need of residential care.
Owner - the individual, partnership, corporation,
				  association or other person who owns a facility. In the event a facility is
				  operated by a person who leases the physical plant, which is owned by another
				  person, "owner" means the person who operates the facility, except that, if the
				  person who owns the physical plant is an affiliate of the person who operates
				  the facility and has significant control over the day-to-day operations of the
				  facility, the person who owns the physical plant shall incur jointly and
				  severally with the owner all liabilities imposed on an owner under
the
Act
and this Part
.
(Section 1-119 of the
				  Act)
Person - with regard to the term "owner", "person" means any
				  individual, partnership, corporation, association, municipality, political
				  subdivision, trust, estate or other legal entity.
Personal Care - assistance with meals, dressing,
				  movement, bathing or other personal needs or maintenance, or general
				  supervision and oversight of the physical and mental well-being of an
				  individual who is incapable of maintaining a private, independent residence or
				  who is incapable of managing his or her person, whether or not a guardian has
				  been appointed
that
individual.
(Section 1-120 of
				  the Act)
Pharmacist, Licensed - a person who holds a license as a
				  pharmacist under the Pharmacy Practice Act.
Physical Restraint - any manual method or physical or
				  mechanical device, material, or equipment attached or adjacent to a resident's
				  body that the resident cannot remove easily and
that
restricts
				  freedom of movement or normal access to one's body.
(Section 2-106 of
				  the Act)
Physical Therapist - a person who is licensed as a physical
				  therapist under the Illinois Physical Therapy Act.
Physical Therapist Assistant - a person who has graduated
				  from a two-year college level program approved by the American Physical Therapy
				  Association.
Physician - any person licensed by the State of Illinois to
				  practice medicine in all its branches as provided in the Medical Practice Act
				  of 1987.
Probationary License - an initial license issued for a period
				  of 120 days during which time the Department will determine the qualifications
				  of the applicant.
Provisional admission period - the time between the
				  admission of an identified offender as defined in Section 1-114.01 of
the
Act and 3 days following the admitting facility's receipt of an
				  Identified Offender Report and Recommendation in accordance with Section
				  2-201.6 of
the
Act.
(Section 1-120.3 of the
				  Act)
Psychiatrist - a physician who has successfully completed a
				  residency program in psychiatry accredited by either the Accreditation Council
				  for Graduate Medical Education or the American Osteopathic Association.
Psychologist - a person who is licensed to practice clinical
				  psychology under the Clinical Psychologist Licensing Act.
Qualified Intellectual Disabilities Professional (QIDP) - a
				  person who has at least one year of experience working directly with
				  individuals with developmental disabilities and meets at least one of the
				  following additional qualifications:
Be a physician as defined in this Section.
Be a registered professional nurse as defined in this
				  Section.
Hold at least a bachelor's degree in one of the following
				  fields: occupational therapy, physical therapy, psychology, social work, speech
				  or language pathology, recreation (or a recreational specialty area such as
				  art, dance, music, or physical education), dietary services or dietetics, or a
				  human services field (such as sociology, special education, or rehabilitation
				  counseling).
Qualified Professional - a person who:
meets the educational, technical and ethical criteria of a
				  health care profession, as evidenced by eligibility for membership in an
				  organization established by the profession for the purpose of recognizing those
				  persons who meet this criteria; and
is licensed, registered, or certified by the State of
				  Illinois, if required.
Reasonable Visiting Hour - any time between the hours
				  of 10 a.m. and 8 p.m. daily.
(Section 1-121 of the Act)
Registered Professional Nurse - a person with a valid
				  Illinois license to practice as a registered professional nurse under the Nurse
				  Practice Act.
Repeat Violation - for purposes of assessing fines
				  under
Section 3-305 of the Act and this Part
, a
				  violation
that
has been cited during one inspection of the
				  facility for which
a subsequent inspection indicates that
an
				  accepted plan of correction was not complied with,
within a period of
				  not more than 12 months from the issuance of the initial violation,
or
				  a new citation of the same rule if the licensee is not substantially addressing
				  the issue routinely throughout the facility.
(Section 3-305(7) of the
				  Act)
Reputable Moral Character -
having no history of a conviction:
of the applicant; or
if the applicant is:
a firm, partnership, or association, of any of its members;
				  or
a corporation, of any of its officers or directors, or of the
				  person designated to manage or supervise the facility;
of a felony, or of two or more misdemeanors involving moral
				  turpitude, as shown by a certified copy of the record of the court of
				  conviction or, in the case of the conviction of a misdemeanor by a court not of
				  record, as shown by other evidence; or
no other satisfactory evidence indicates that the moral
				  character of the applicant, manager, or supervisor of the facility is not
				  reputable.
Resident - a person receiving personal or medical
				  care, including, but not limited to, habilitation, psychiatric services,
				  therapeutic services, and assistance with activities of daily living from a
				  facility.
(Section 1-122 of the Act)
Resident Services Director - the full-time administrator, or
				  an individual on the professional staff in the facility, who is directly
				  responsible for the coordination and monitoring of the residents' overall plans
				  of care in an MC/DD facility.
Resident's Representative - a person, other than the
				  owner or an agent or employee of a facility, not related to the resident,
				  designated in writing by a resident to be his or her representative; or the
				  resident's guardian, or the parent of a minor resident for whom no guardian has
				  been appointed.
(Section 1-123 of the Act)
Restorative - services or measures designed to assist
				  residents to attain and maintain the highest degree of function of which they
				  are capable (physical, mental, and social).
Room - a part of the inside of a facility that is partitioned
				  continuously from floor to ceiling with openings closed with glass or hinged
				  doors.
Sanitization - the reduction of pathogenic organisms on a
				  utensil surface to a safe level, which is accomplished through the use of
				  steam, hot water, or chemicals.
Seclusion or confinement - the retention of a resident alone
				  in a room with a door that the resident cannot open.
Self-Preservation - the ability to follow directions and
				  recognize impending danger or emergency situations and react by avoiding or
				  leaving the unsafe area.
Social Worker - a person who is a licensed social worker or a
				  licensed clinical social worker under the Clinical Social Work and Social Work
				  Practice Act.
State Fire Marshal -the
Illinois State Fire Marshal,
				  who serves as the executive director of the Office of the State Fire
				  Marshal.
(Section 1 of the State Fire Marshal Act).
Sterilization - the act or process of destroying completely
				  all forms of microbial life, including viruses.
Stockholder of a Corporation - any person who,
				  directly or indirectly, beneficially owns, holds or has the power to vote, at
				  least 5% of any class of securities issued by the corporation.
(Section 1-125 of the Act)
Story - when used in this Part, means that portion of a
				  building between the upper surface of any floor and the upper surface of the
				  floor above, except that the topmost story shall be the portion of a building
				  between the upper surface of the topmost floor and the upper surface of the
				  roof above.
Student Intern -any person whose total term of
				  employment in any facility during any 12-month period is equal to or less than
				  90 continuous days, and whose term of employment:
is an academic credit requirement in a high school or
				  undergraduate institution; or
immediately succeeds a full quarter, semester or
				  trimester of academic enrollment in either a high school or undergraduate
				  institution, provided that such person is registered for another full quarter,
				  semester or trimester of academic enrollment in either a high school or
				  undergraduate institution, which quarter, semester or trimester will commence
				  immediately following the term of employment.
(Section 1-125.1 of the
				  Act)
Substantial Compliance - meeting requirements, except for
				  variance from the strict and literal performance that results in unimportant
				  omissions or defects given the particular circumstances involved. This
				  definition is limited to the term as used in Sections
				  390.140(a)(3)
				  and
				  390.150(a)(3).
Substantial Failure - the failure to meet requirements other
				  than a variance from the strict and literal performance that results in
				  unimportant omissions or defects given the particular circumstances involved.
				  This definition is limited to the term as used in Section
				  390.165(b)(1).
Supervision - authoritative guidance by a qualified person
				  for the accomplishment of a function or activity within the qualified person's
				  sphere of competence.
Therapeutic Recreation Specialist - a person who is certified
				  by the National Council for Therapeutic Recreation Certification and who meets
				  the minimum standards it has established for classification as a Therapeutic
				  Recreation Specialist.
Time Out - removing an individual from a situation that
				  results in undesirable behavior. It is a behavior modification procedure that
				  is developed and implemented under the supervision of a qualified
				  professional.
Title XVIII - Title XVIII of the federal Social
				  Security Act.
(Section 1-126 of the Act)
Title XIX - Title XIX of the federal Social Security
				  Act.
(Section 1-127 of the Act)
Transfer - a change in status of a resident's living
				  arrangements from one facility to another facility.
(Section 1-128 of
				  the Act)
Type "AA" violation - a violation of
the
Act or
this Part
that creates a condition or
				  occurrence relating to the operation and maintenance of a facility that
				  proximately caused a resident's death
. (Section 1-128.5 of the
				  Act)
Type "A" violation - a violation of
the
Act or
this Part that
creates a condition or
				  occurrence relating to the operation and maintenance of a facility that creates
				  a substantial probability that the risk of death or serious mental or physical
				  harm to a resident will result therefrom or has resulted in actual physical or
				  mental harm to a resident.
(Section 1-129 of the Act)
Type "B" violation - a violation of
the
Act or
this Part that
creates a condition or
				  occurrence relating to the operation and maintenance of a facility that is more
				  likely than not to cause more than minimal physical or mental harm to a
				  resident or is specifically designated as a Type "B" violation in the
				  Act
or this Part
.
(Section 1-130 of the Act)
Type "C" violation - a violation of
the
Act or
this Part
that creates a condition or
				  occurrence relating to the operation and maintenance of a facility that creates
				  a substantial probability that less than minimal physical or mental harm to a
				  resident will result therefrom
. (Section 1-132 of the Act)
Unit - an entire physically identifiable residence area
				  having facilities meeting the standards applicable to the levels of service to
				  be provided. Staff and services for each distinct resident area are established
				  as set forth in the respective rules governing the approved levels of
				  service.
Universal Progress Notes - a common record with periodic
				  narrative documentation by all persons involved in resident care.
Valid License - a license that is unsuspended, unrevoked and
				  unexpired.