Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.330 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The terms defined in this Section are terms that are used in
				  one or more of the sets of licensing standards established by the Department to
				  license various levels of long-term care. 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;
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 Nursing Home Care 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
				  300.680 of this Part
				  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
				  300.277 of
				  this Part and Section 3-303.2 of the Act that indicates that a situation,
				  condition, or practice in the facility violates the Act or the Department's
				  rules, but is not 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 of 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 that 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.
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 - a syndrome described as consisting of withdrawal,
				  very inadequate social relationships, exceptional object relationships,
				  language disturbances and monotonously repetitive motor behavior.
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, there are two
				  levels that 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, 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. Certified 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)
Colbert Consent Decree - Colbert et al. v. Pritzker et al.,
				  Case No. 07 C 4737, United States District Court, N.D. Illinois, Eastern
				  Division.
Colbert Consent Decree Class Members or Colbert Class Members
				  - all Medicaid-eligible adults with disabilities in Cook County, Illinois, who
				  are being, or may in the future be, unnecessarily confined to nursing
				  facilities and who, with appropriate supports and services, may be able to live
				  in a community setting.
Colbert Consent Decree Defendant Agencies - the Illinois
				  Department of Human Services, the Illinois Department of Public Health, the
				  Illinois Department on Aging, and the Illinois Department of Healthcare and
				  Family Services, including any successor to these departments.
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 to practice dentistry,
				  including 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 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;
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 which 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 which included consultation from a
				  dietitian;
has successfully completed an Association of Nutrition &
				  Foodservice Professionals approved Certified Dietary Manager or Certified Food
				  Protection Professional 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 a licensed dietitian nutritionist
				  as defined in 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.
Director - the Director of Public Health or
the Director's
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.
Emergency - a situation, physical condition or one or
				  more practices, methods or operations which 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.
Exploitation - taking advantage of a resident for personal
				  gain through the use of manipulation, intimidation, threats or coercion.
Facility, Intermediate Care - a facility that provides basic
				  nursing care and other restorative services under periodic medical direction.
				  Many of these services may require skill in administration. These facilities
				  are for residents who have long-term illnesses or disabilities that may have
				  reached a relatively stable plateau.
Facility or Long-Term Care Facility - a private home,
				  institution, building, residence, or any other place, whether operated for
				  profit or not, or a county home for the infirm and chronically ill operated
				  pursuant to Division 5-21 or 5-22 of the Counties Code
,
or any
				  similar institution operated by a political subdivision of the State of
				  Illinois, which provides, through its ownership or management, personal care,
				  sheltered care or nursing for three or more persons, not related to the
				  applicant or owner by blood or marriage. It includes skilled nursing facilities
				  and intermediate care facilities as those terms are defined in Title XVIII and
				  Title XIX of the Federal Social Security Act
(42 U.S.C.
				  1395 et seq. and 1936 et seq.).
It
				  also includes homes, institutions, or other places operated by or under the
				  authority of the Illinois Department of Veterans' Affairs.
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, such 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 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
;
A facility licensed under the ID/DD Community Care
				  Act;
A facility licensed under the Specialized Mental
				  Health Rehabilitation Act of 2013;
A facility licensed under the MC/DD Act;
				  or
A medical foster home, as defined in
				  38 CFR
				  17.73, that is under the oversight of the
				  U.S. Department of Veterans Affairs.
(Section 1-113 of the Act)
Facility, Skilled Nursing - when used in this Part is
				  synonymous with a skilled nursing facility. A skilled nursing facility provides
				  skilled nursing care, continuous skilled nursing observations, restorative
				  nursing, and other services under professional direction with frequent medical
				  supervision. These facilities are provided for patients who need the type of
				  care and treatment required during the post-acute phase of illness or during
				  recurrences of symptoms in long-term illness.
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 - means 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 the alleviation of a
				  disability or 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, sheltered employment, protective
				  services, counseling and other services.
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 Nurse who is directly responsible for the immediate
				  supervision of the health services in an Intermediate Care Facility.
High Risk Designation - a violation
, as
				  described in Section
				  300.282(i),
of a provision that has been identified by the Department
in
				  Section
				  300.282(j)
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
:
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
; or
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
; or
Any other resident as determined by the Department of
				  State Police
. (Section 1-114.01 of the Act)
Intellectual Disability - subaverage general intellectual
				  functioning originating during the developmental period and associated with
				  maladaptive behavior.
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 social worker and
				  other professionals. The Interdisciplinary Team includes 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 his or her
				  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.
Lead Defendant Agency - State of Illinois Agency named in
				  each fiscal year's Implementation Plan as the lead agency for the Williams and
				  Colbert Consent Decrees on behalf of the Defendants. For the purposes of this
				  definition, "Implementation Plan" refers to the plan set forth in the Consent
				  Decree, created and implemented by the Defendants, with the input of the
				  Monitor and Plaintiffs, to accomplish the obligations and objectives set forth
				  in the Decree.
Licensed Nursing Home Administrator - see
				  "Administrator".
Licensed Practical Nurse - a person with a valid Illinois
				  license to practice as a practical nurse.
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.
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.
(Section 1-116.5 of the Act) 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.
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 who reports
				  periodically to the Department on the operations of the facility.
Neglect - a facility's failure to provide, or willful
				  withholding of, adequate medical care, mental health treatment, psychiatric
				  rehabilitation, personal care, or assistance with activities of daily living
				  that is necessary to avoid physical harm, mental anguish, or mental illness of
				  a resident.
(Section 1-117 of the Act) This shall include any
				  allegation in which:
the alleged failure causing injury or deterioration is
				  ongoing or repetitious; or
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 - 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.
(Section 1-119 of the Act)
Person - any individual, partnership, corporation,
				  association, municipality, political subdivision, trust, estate or other legal
				  entity whatsoever.
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 person, whether or not a guardian has been
				  appointed for such 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 which restricts freedom of
				  movement or normal access to one's body.
(Section 2-106 of the
				  Act)
Physical Therapist - a person who is registered 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 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 this Section
, 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)
Psychiatric Services Rehabilitation Aide - an
				  individual employed by a long-term care facility to provide, for mentally ill
				  residents, at a minimum, crisis intervention, rehabilitation, and assistance
				  with activities of daily living.
(Section 1-120.7 of the Act)
Psychiatrist - a physician who has had at least three years
				  of formal training or primary experience in the diagnosis and treatment of
				  mental illness.
Psychologist - a person who is licensed to practice clinical
				  psychology under the Clinical Psychologist Licensing Act.
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 who is
				  licensed, registered, or certified by the State of Illinois, if
				  required.
Reasonable Hour
or
Visiting Hours -
				  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 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
, 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.
A repeat violation shall not be a
				  new citation of the same rule, unless 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 of 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 other satisfactory evidence that the moral character of the
				  applicant, or manager, or supervisor of the facility is not reputable.
Resident - person receiving personal or medical care,
				  including but not limited to mental health treatment, psychiatric
				  rehabilitation, physical rehabilitation, 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 intermediate care 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 Restorative Measures - 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 - 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 Authorized Personnel - individuals who have a legal
				  duty to provide specified services to residents of long-term care facilities,
				  including, but not limited to, representatives of the Office of the State
				  Long-Term Care Ombudsman Program, the Office of State Guardian, and
				  community-service providers or third parties serving as agents of the State for
				  purposes of providing telemedicine, transitional services to community-based
				  living, in-person assessments and evaluations, legal services, and other
				  supports related to existing consent decrees court-mandated actions.
State Fire Marshal - the Fire Marshal of the Office of the
				  State Fire Marshal, Division of Fire Prevention.
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 or graduate institution; or
immediately succeeds a full quarter, semester or
				  trimester of academic enrollment in either a high school or undergraduate or
				  graduate 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; or
immediately succeeds graduation from the high school
				  or undergraduate or graduate institution
. (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
				  300.140(a)(3)
				  and
				  300.150(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
				  300.165(b)(1).
Supervision - authoritative guidance by a qualified person
				  for the accomplishment of a function or activity within his or her 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 as now or hereafter amended.
(Section 1-126 of the
				  Act)
Title XIX - Title XIX of the federal Social Security
				  Act as now or hereafter amended.
(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
which 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.
(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.