Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 2060 - ALCOHOLISM AND SUBSTANCE ABUSE TREATMENT AND INTERVENTION LICENSES › Subpart C - REQUIREMENTS - ALL LICENSES › Section 2060.339 - License Sanctions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Prior
				to initiating a formal action to sanction a license, the Department will allow
				an organization an opportunity to take corrective action to eliminate or
				ameliorate a violation of the Act or this Part, except in cases in which the
				Department determines that emergency action is necessary to protect the public
				interest, safety or welfare.
b) The
				Department shall issue written notice to an organization determined to be in
				non-compliance. The Department's notice shall specify the particular activities
				deemed to violate the Act and/or this Part. The Department's notice shall
				require such corrective action as it deems necessary for compliance and shall
				establish a time period within which the corrective action is to be
				completed.
c) In determining
				whether to initiate formal action the Department shall consider whether the
				organization made an effort to comply with the Department's notice of
				corrective action, whether compliance with the Act and this Part was achieved
				within the designated time frame and the potential for harm to a patient as a
				result of the failure to comply.
d)
				Nothing contained herein shall preclude the Department from initiating formal
				action against an organization who has complied with the Department's notice of
				corrective action. In such case, the factors enumerated above shall be
				considered by the Department in determining whether and to what extent the
				following sanctions should be imposed:
1)
				Administrative Warning - A written warning issued by the Department which
				specifies rule violations and a corrective time period and that also warns that
				any additional violation of this Part may result in a more severe
				sanction.
2) Probation - Probation
				of the license for a specified period of time during which action shall be
				taken, as necessary, to achieve compliance with all licensure standards. When
				the probationary period has expired, the Department shall terminate the
				probationary status. If the Department determines that the organization still
				does not meet licensure standards or has continued violations, the Department
				may suspend the license or extend the probationary period, if such extension
				would likely result in correction.
3) Restricted License - A restriction placed
				on a license which limits operation to specified services after a Department
				finding that one or more services has not met licensure standards.
4) Financial Penalty - A financial penalty
				imposed upon a finding of violation of any one or combination of the provisions
				of Section 15-25 of the Act. A financial penalty may not be paid with public
				funds. In determining an appropriate financial penalty the Department may
				consider the deterrent effect of the penalty on the organization and on other
				providers, the nature of the violation, the degree to which the violation
				resulted in a benefit to the organization and/or harm to the public and any
				other relevant factor to be examined in mitigation or aggravation of the
				organization's conduct. The financial penalty may be imposed in conjunction
				with other sanctions or separately.
5) Summary Suspension - An immediate
				suspension of the license ordered if the Department finds that the public
				interest, safety, or welfare imperatively requires emergency action.
A) A petition for summary suspension shall
				state the statutory basis for the action petitioned, alleged facts, supported
				by evidence or affidavit, sufficient to demonstrate a need for emergency
				action, be signed by the Department's chief legal counsel and be presented to
				the Secretary either in person or by telephone and in the presence of a court
				reporter.
B) An order for summary
				suspension shall contain findings of fact sufficient to support imposition of a
				summary suspension, recite the statutory basis for the action, appoint a
				hearing officer, demand immediate surrender of the license and be signed by the
				Secretary.
C) A notice of summary
				suspension shall accompany the order and shall set a date for commencement of a
				hearing within 14 calendar days after the date on which the order takes effect.
				The notice of summary suspension shall also identify the hearing officer who
				will conduct the hearing and include a copy of the Department's rule pertaining
				to hearings.
D) If the parties
				agree to a prehearing conference, such conference shall constitute the
				commencement of the hearing. The hearing shall determine whether the summary
				suspension shall remain in effect until conclusion of a formal hearing on the
				merits.
6) Suspension -
				Suspension of the license is a temporary withdrawal, by formal action, of a
				license for a period of time specified by the Department during which
				corrective action is taken to rectify problem areas that led to the suspension.
				When the corrective action has been taken, the Department will determine if
				such action meets Department standards and either reinstate or revoke the
				license.
7) Revocation - Revocation
				of the license is withdrawal by formal action of a license to provide treatment
				or intervention services. The termination shall be in effect until such time as
				the license is reinstated or an application for a new license has been made and
				approved by the Department.