Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.330 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
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 means any physical motion or action (e.g.,
				  hitting, slapping, punching, kicking, pinching, etc.) that is not accidental.
				  Physical abuse includes, but is not limited to, the use of corporal punishment
				  as well as the use of any restrictive intrusive procedure to control
				  inappropriate behavior for purposes of punishment.
Mental injury arises from the following types of
				  conduct:
Verbal abuse means the use of oral, written or gestured
				  language that includes disparaging and derogatory terms to a resident or within
				  the resident's hearing or seeing distance, regardless of the resident's age,
				  ability to comprehend or disability.
Mental abuse includes, but is not limited to, offensive
				  physical contact, or humiliation, harassment, or threats of punishment or
				  deprivation to a resident or within the resident's hearing or seeing distance,
				  regardless of the resident's age, ability to comprehend, or disability.
Sexual harassment or sexual coercion perpetrated on a
				  resident.
Sexual assault - an act of nonconsensual sexual conduct or
				  sexual penetration, as defined in Section 11-0.1 of the Criminal Code of 2012,
				  including, without limitation, acts prohibited under Sections 11-1.20 through
				  11-1.60 of the Criminal Code of 2012. Sexual assault also includes sexual
				  harassment or sexual coercion.
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 - the ID/DD Community Care Act [210 ILCS
				  47 ].
Active Treatment - the aggressive, consistent implementation
				  of a program of specialized or generic training, treatment, health services and
				  related services. This program is directed toward the acquisition of the
				  behaviors necessary for the individual to function with as much
				  self-determination and independence as possible, while preventing or
				  decelerating the regression or loss of current optimal functional
				  status.
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, 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
				  350.1080 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
				  350.277 and Section 3-303.2 of
				  the Act, which 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, 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)
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.
Approved - acceptable to the authority having
				  jurisdiction.
Assessment - the use of an objective tool with which to
				  evaluate the physical, social, affective, developmental, vocational, motor,
				  nutritional, speech and language, cognitive, behavioral, and psychosocial
				  aspects of an individual.
Audiologist - a person who is licensed as an audiologist
				  under the Speech-Language Pathology and Audiology Practice Act.
Autism or 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 interaction, 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.
Basement - any story or floor level below the main or street
				  floor. Where, due to grade difference, two levels 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 Management Plan - a comprehensive plan, developed by
				  a qualified member of the interdisciplinary team, based upon assessments that
				  include analysis of the potential causes, which identifies specific
				  developmental and behavioral management needs. The Behavioral Management Plan
				  shall include specific methods and techniques, with goals to meet the
				  identified behavioral outcome.
Behavior Modification - a group of teaching techniques,
				  strategies and supports to reduce or eliminate unwanted or maladaptive
				  behavior.
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 - documentation issued
				  by the Department to the Department of Health and Human Services or the
				  Department of Healthcare and Family Services verifying compliance with
				  applicable statutory or regulatory requirements for 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(a)(ii) of the Act)
Community Alternatives - service programs in the community
				  provided as an alternative to institutionalization.
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.
Convenience - the use of any restraint by the facility to
				  control resident behavior or maintain a resident, which 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. This definition is
				  limited to the definition of chemical restraint and Section 350.1080.
Corporal Punishment - painful stimuli inflicted directly upon
				  the body.
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 functioning, cerebral palsy, epilepsy, or 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,
active
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; or
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.
Direct Support Person or DSP - any person who provides
				  habilitative care, services, or support to individuals with developmental
				  disabilities. DSPs shall function under the supervision of a Qualified
				  Intellectual Disabilities Professional (QIDP) or a Licensed/Registered Nurse.
				  Other titles often used to refer to Direct Support Persons include, but are not
				  limited to, Intellectual/Developmental Disabilities (ID/DD) Aide, Mental Health
				  Technician, Habilitation Aide, Program Aide or Program Technician. These
				  individuals shall meet the training requirements set forth in the Department's
				  Long-Term Care Assistants and Aides Training Programs Code and by the
				  Department of Human Services.
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 meeting the standards
				  applicable to the levels of service to be provided. Staff and services for a
				  distinct part are established in the respective administrative rules governing
				  the 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
and Section
				  350.185.(Section 1-111.05 of the
				  Act)
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 care for which
				  the license (new or renewal) is to be granted.
Facilityor
ID/DD facility - an intermediate care
				  facility for the developmentally disabled, whether operated for profit or not,
				  which 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. It includes intermediate care facilities for the intellectually
				  disabled as the term is defined in Title XVIII and Title XIX of the federal
				  Social Security Act.
A "facility" may consist of more than one
				  building as long as the buildings are on the same tract, or adjacent tracts of
				  land.
"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 "community residential alternative" as defined
				  in the Community Residential Alternatives 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 Arrangement 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;
				  or
A home, institution, or other place operated by or
				  under the authority of the Illinois Department of Veterans' Affairs;
				  or
Any MC/DD facility licensed under the MC/DD
				  Act
. (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 outcome condition that involves
				  an attainable, appropriate amount of time to achieve, that is stated in
				  specific behavioral terms 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 an Intermediate Care
				  Facility.
High-risk designation - a violation
, as
				  described in Section 350.282(i),
of a provision of the Illinois Administrative Code that has been
				  identified by the Department through rulemaking 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;
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 Education Program (IEP) - a written education plan
				  for each resident currently within the public school system, with the
				  identified goals and objectives to be incorporated into the Individual
				  Habilitation Plan (IHP) or Individual Program Plan (IPP).
Individual Habilitation Plan (IHP) or Individual Program Plan
				  (IPP) - 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
				  to provide a specific program plan that is consistent with the identified goals
				  and objectives of the resident.
Institutional Review Board or IRB - a body established in
				  accordance with applicable federal regulations for human research protections
				  as set forth in 45 CFR
				  46. The IRB chairperson may act on behalf of
				  the IRB as specified in 45
				  CFR 46.
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 mental abilities and impairment in everyday adaptive
				  functioning, in comparison to an individual's age-, gender-, and
				  socioculturally matched peers.
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 as identified by the comprehensive functions and assessments. This
				  team shall include at least a physician, a social worker and other
				  professionals. In ID/DD facilities, at least one member of the team shall be a
				  Qualified Intellectual Disability Professional. 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 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 Practical Nurse - a person with a valid Illinois
				  license under the Nurse Practice Act 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.
(Section
				  2-202(i) of the Act)
Maintenance - food, shelter, and laundry
				  services.
(Section 1-116 of the Act)
Maladaptive Behavior - impairment in adaptive behavior as
				  determined by the interdisciplinary team. 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 and 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 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; 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 care for which the license (new or renewal) is to be
				  granted.
Nurse - a registered 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 activities or
				  nursing-related tasks involving understanding of cause and effect in order to
				  safeguard life and health.
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 (OT) - 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 - with regard to the term owner, a person is 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 or her person whether or not a guardian has
				  been appointed for such individual.
(Section 1-120 of the Act)
Pharmacist - 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 the
				  resident's body that the resident cannot remove easily and 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 is licensed as a
				  physical therapist assistant under the Illinois Physical Therapy Act.
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
working
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 is board eligible or board
				  certified in psychiatry by the American Board of Psychiatry and
				  Neurology.
Psychologist - a person who is licensed to practice clinical
				  psychology under the Clinical Psychologist Licensing Act.
Qualified Intellectual Disability Professional - a person who
				  has at least one year of experience working directly with individuals with
				  developmental disabilities, who is directly responsible for coordinating and
				  monitoring the residents' overall plans of care in an intermediate care
				  facility, and who meets at least one of the following additional
				  qualifications:
Be a physician as defined in this Section;
Be a registered nurse as defined in this Section; or
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 the criteria; and who is
				  licensed, registered or certified by the State of Illinois, if required.
Reasonable hour - any time between the hours of 10
				  a.m. and 8 p.m. daily.
(Section 1-121 of the Act)
Registered 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 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)
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 manager, or an
				  individual on the professional staff in the 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)
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 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)
Stockholder of a Corporation - any person who,
				  directly or indirectly, beneficially owns, holds or has the power to vote, at
				  least five percent of any class of securities issued by the
				  corporation.
(Section 1-125 of the Act)
Story - 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 either:
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 the requirements of the Act
				  and this Part, except for variance from the strict and literal performance
				  requirements of the Act or this Part that results in unimportant omissions or
				  defects given the particular circumstances involved. This definition is limited
				  to the phrase as used in Sections
				  350.140 and
				  350.150.
Substantial Failure - the failure to meet the requirements of
				  the Act or this Part, other than a variance from the strict and literal
				  performance requirements of the Act or this Part that results in unimportant
				  omissions or defects given the particular circumstances involved. This
				  definition is limited to the phrase as used in Section
				  350.165.
Supervision - authoritative guidance by a qualified person
				  for the accomplishment of a function or activity within the 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,
				  and only as a technique that has been identified in the individual's behavior
				  management plan.
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
				  consisting of not less than five nor more than 20 beds, and 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, however,
a license shall not be
				  deemed to have expired if the Department fails to timely respond to a timely
				  request for renewal under the Act or for a hearing to contest nonrenewal
				  under
Section 3-119(c) of the Act.