Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 2060 - ALCOHOLISM AND SUBSTANCE ABUSE TREATMENT AND INTERVENTION LICENSES › Subpart A - GENERAL REQUIREMENTS › Section 2060.103 - Incorporation by Reference and Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Alcoholism and Other Drug Abuse and
				  Dependency Act [20 ILCS 301 ].
"Admission" means what occurs after a patient has completed
				  an assessment, received placement into a level of care, and been accepted for
				  and begins such treatment.
"Adolescent" means a person who is at least 12 years of age
				  and under 18 years of age.
"Adult" means a person who is 18 years of age or
				  older.
"Alcohol and Drug Evaluation Report Summary" means the form,
				  developed by the Office of the Secretary of State and required for use by the
				  Illinois courts when granting judicial driving privileges, as defined in
				  Section 6-201 of the Illinois Driver Licensing Law [625 ILCS
				  5/6-201 ].
"Alcohol and Drug Evaluation Uniform Report" means the form,
				  mandated by the Department and produced from the DUI Services Reporting System
				  (DSRS), that is required to report a summary of the DUI evaluation to the
				  circuit court or the Office of the Secretary of State.
"Americans with Disabilities Act of 1990 (ADA)",
				  42 USC
				  12101, is the federal law requiring that
				  public accommodations offer their services equally to persons without
				  discrimination based on disabilities. An organization may not deny its
				  services, offer unequal services or separate services, or have policies and
				  procedures that have a discriminatory effect based on a disability, and shall
				  remove barriers where possible and provide alternatives where not
				  possible.
"ASAM Patient Placement Criteria" means the American Society
				  of Addiction Medicine's Patient Placement Criteria for the Treatment of
				  Substance-Related Disorders, Fourth Edition (ASAMPPC-2R), 4601 North Park
				  Avenue, Upper Arcade Suite 101, Chevy Chase MD 20815 (2001, no later amendments
				  or editions included).
"Assessment" means the process of collecting and
				  professionally interpreting data and information from an individual and/or
				  collateral sources, with the individual's permission, about alcohol and other
				  drug use and its consequences as a basis for establishing a diagnosis of a
				  substance use disorder, determining the severity of the disorder and comorbid
				  conditions and identifying the appropriate level and intensity of substance
				  abuse treatment, as well as needs for other services.
"Associate Director" means the Associate Director of the
				  Department of Human Services Office of Alcoholism and Substance Abuse
				  (OASA).
"Authorized Prescriber" means a physician licensed to
				  practice medicine in all its branches pursuant to the Medical Practice Act of
				  1987 [225 ILCS 60 ] or a physician under federal authority who issues
				  prescriptions pursuant to
				  21
				  CFR 1301.25(2000).
"Authorized Organization Representative" means the individual
				  in whom authority is vested for the management, control and operation of all
				  services at a facility and for communication with the Department regarding the
				  status of the organization's licenses at that facility.
"CDC Tuberculosis Guidelines" means "Guidelines for
				  Preventing the Transmission of Mycobacterium Tuberculosis in Health Care
				  Facilities", MMWR 1994 (no. RR13).
"Case Management" means the provision, coordination, or
				  arrangement of ancillary services designed to support a specific patient's
				  substance abuse treatment with the goal of improving clinical outcomes.
"Chemical Test" means, in the context of intervention
				  services, a breath, blood or urine test that measures the blood alcohol
				  concentration (BAC) and/or drug concentration.
"Client" means a person who receives intervention services as
				  defined in this Part.
"Clinical Services" means substance abuse assessment,
				  individual or group counseling, and discharge planning. The organization may
				  also determine that other specified activities require the services of a
				  professional staff member.
"Continuing Recovery Plan" means a plan developed with the
				  patient prior to discharge that identifies recommended activities, support
				  groups, referrals and any other necessary follow-up activities that will
				  support and enhance patient progress, to date.
"Continuum of Care" means a structure of interlinked
				  treatment services (either offered by one organization or through linkage
				  agreements with other organizations) that is designed so a patient's changing
				  needs will be met as that individual moves through the treatment and recovery
				  process.
"Controlled Substance" means a drug or substance, or
				  immediate precursor, that is enumerated in the Schedules of Article II of the
				  Illinois Controlled Substances Act [720 ILCS 570 ] and in the Cannabis Control
				  Act [720 ILCS 550 ]
"Department" means the Department of Human Services.
"Detoxification" means the process of withdrawing a person
				  from a specific psychoactive substance in a safe and effective manner.
"Discharge" means the point at which the patient's treatment
				  is terminated either by successful completion or by some other action initiated
				  by the patient and/or the organization.
"Drunk and Drugged Driving Prevention Fund" means a special
				  fund in the State Treasury created by Section 50-20 of the Alcoholism and Other
				  Drug Abuse and Dependency Act out of which the Department may provide
				  reimbursement for DUI evaluation and risk education services to indigent DUI
				  offenders pursuant to this Part, and that it may also use to enhance and
				  support its regulatory inspections and investigations.
"DUI" means driving while under the influence of alcohol,
				  other drugs or combination thereof as defined in the Illinois Vehicle Title and
				  Registration Law [625 ILCS 5 /Ch. 2-5] or a similar provision of a local
				  ordinance.
"DUI Evaluation" means the services provided to a person
				  relative to a DUI offense in order to determine the nature and extent of the
				  use of alcohol or other drugs as required by the Unified Code of Corrections
				  [730 ILCS 5 ] and Section 6-206.1 of the Illinois Driver Licensing Law
				  [625
				  ILCS 5/6-206.1].
"DUI Service Reporting System (DSRS)" means the computer
				  software that shall be utilized to summarize all evaluation and risk education
				  services statistics semi-annually and to produce the "Alcohol and Drug
				  Evaluation Uniform Report" and other associated forms.
"Early Intervention" means services that are sub-clinical or
				  pre-treatment and are designed to explore and address problems or risk factors
				  that appear to be related to substance use and/or to assist individuals in
				  recognizing the harmful consequences of inappropriate substance abuse.
"Facility" means the building or premises that are used for
				  treatment and intervention services as specified in this Part.
"Good Cause" means conditions that would prevent a reasonable
				  licensee from meeting one or more of the requirements of this Part.
"HIPAA" means the Health Insurance Portability and
				  Accountability Act,
				  42 USC
				  1320(d) et seq. and the
				  regulations promulgated thereunder at 45 CFR 160, 162 and 164 (Privacy and
				  Security).
"Incident" means any action by staff or patients that led, or
				  is likely to lead, to adverse effects on patient services.
"Indigent DUI Offender" means anyone who has proven inability
				  to pay the full cost of the DUI evaluation or risk education service as
				  determined through criteria established by the U.S. Department of Health and
				  Human Services and published in the Federal Register and whose costs for such
				  DUI services may be reimbursed from the Drunk and Drugged Driving Prevention
				  Fund, subject to availability of such funds.
"Individual Counseling" means a therapeutic interaction
				  between a patient and professional staff that includes but is not limited to
				  the following: assessment of the patient's needs; development of a treatment
				  plan to meet those identified needs; continual assessment of patient progress
				  toward identified treatment plan goals and objectives; referral, if necessary;
				  and discharge planning.
"Informed Consent" means a legally valid written consent by
				  an individual or legal guardian that authorizes treatment, intervention or
				  other services or the release of information about the individual, and that
				  gives appropriate information to the individual so that he or she can authorize
				  the service or disclosure with understanding of the consequences.
"Intervention" means activities or services that assist
				  persons and their significant others in coping with the immediate problems of
				  substance abuse or dependence and in reducing their substance use. Such
				  services facilitate emotional and social stability and involve referring
				  persons for treatment, as needed.
"Investigational New Drugs" means those substances that
				  require approval by the U.S. Food and Drug Administration for trials with human
				  subjects pursuant to 21 CFR 312 (2002 ).
"LAAM" means levo-alpha-acetyl-methadol that is a synthetic
				  opioid agonist whose opioid effect is slower in onset and longer in duration
				  (72 hours) than methadone and that is used in opioid maintenance
				  therapy.
"Life Safety Code of 2000" means the National Fire Protection
				  Association's Life Safety Code of 2000, National Fire Protection Association, 1
				  N. Batterymarch Park, Quincy MA 02269 (2000, no later amendments or editions
				  included).
"Linkage Agreement" means a written agreement with an
				  external organization to supplement existing levels of care and to arrange for
				  other specialty services not directly provided by the organization.
"Methadone" means a synthetic narcotic analgesic drug
				  (4,4-diphenyl-6-dimethylamino-heptanone-3-hydrochloride) that is used in opioid
				  maintenance therapy.
"Mission Statement" means the reason for existence for the
				  organization and/or specific setting or service.
"Opioid Maintenance Therapy (OMT)" means the medical
				  prescription, medical monitoring and dispensing of opioid compounds (such as
				  Methadone and LAAM) as a medical adjunct to substance abuse treatment.
"Off-Site Delivery of Services" means licensable services
				  that are delivered at a location separate from the licensed facility.
"Organization" means any public or private agency,
				  corporation, unit of State or local government or other legal entity acting
				  individually or as a group that seeks licensure or is licensed to operate one
				  or more substance abuse treatment or intervention services.
"Patient" means a person who receives substance abuse
				  treatment services as defined in this Part from an organization licensed under
				  this Part.
"Person" means any individual, firm, group, association,
				  partnership, corporation, trust, government or governmental subdivision or
				  agency.
"Physician" means a person who is licensed to practice
				  medicine in all its branches pursuant to the Medical Practice Act of 1987 [225
				  ILCS 60 ].
"Practitioner" means a physician, dentist, podiatrist,
				  veterinarian, scientific investigator, pharmacist, licensed practical nurse,
				  registered nurse, hospital, laboratory, or pharmacy, or other person licensed,
				  registered, or otherwise permitted by the United States pursuant to
				  21 CFR
				  1301.21 and this State to distribute or
				  dispense in accordance with Section 312 of the Illinois Controlled Substances
				  Act [720 ILCS 510 ], conduct research with respect to, administer or use in
				  teaching or chemical analysis, a controlled substance in the course of
				  professional practice or research.
"Professional Staff" means any person who provides clinical
				  services or who delivers intervention services as defined in this Part.
"Protected Health Information" means the health information
				  governed by HIPAA privacy and security requirements set forth in
				  45
				  CFR 164.501.
"Psychiatrist" means a physician licensed to practice
				  medicine in all its branches pursuant to the Medical Practice Act of 1987 [225
				  ILCS 60] and who meets the requirements of the Mental Health and Developmental
				  Disabilities Code [405 ILCS 5 ].
"Recovery Home" means alcohol and drug free housing
				  authorized by an intervention license issued by the Department, whose rules,
				  peer-led groups, staff activities and/or other structured operations are
				  directed toward maintenance of sobriety for persons in early recovery from
				  substance abuse or who recently have completed substance abuse treatment
				  services or who may still be receiving such treatment services at another
				  licensed facility.
"Relapse" means a process manifested by a progressive pattern
				  of behavior that reactivates the symptoms of a disease or creates debilitating
				  conditions in an individual who has experienced remission from
				  addiction.
"Residential Extended Care" (formerly halfway house) means
				  residential clinical services for adults (17 year olds may be admitted provided
				  that their assessment includes justification based on their behavior and life
				  experience) or adolescents provided by professional staff in a 24 hour
				  structured and supervised treatment environment. This type of service is
				  primarily designed to provide residents with a safe and stable living
				  environment in order to develop sufficient recovery skills.
"Revocation" means the termination of a treatment or
				  intervention license, or any portion thereof, by the Department.
"Risk" means, in the context of intervention services, the
				  designation (minimal, moderate, significant, or high) assigned to a person who
				  has completed a substance abuse evaluation as a result of a charge for DUI that
				  describes the person's probability of continuing to operate a motor vehicle in
				  an unsafe manner. This assignment is based upon the following factors: the
				  nature and extent of the person's substance use; chemical testing results;
				  prior dispositions for DUI, statutory summary suspensions or reckless driving
				  convictions reduced from a DUI; and any other significant dysfunction resulting
				  from substance abuse or dependence.
"Secretary" means the Secretary of the Department of Human
				  Services or his or her designee.
"Significant Incident" means any occurrence at a licensed
				  facility that requires the services of the coroner and/or that renders the
				  facility inoperable.
"Significant Other" means the spouse, immediate family
				  member, other relative or individual who interacts most frequently with the
				  patient in a variety of settings and who may also receive substance abuse
				  services.
"Substance Abuse or Dependence" means maladaptive patterns of
				  substance use leading to a clinically significant impairment or distress as
				  defined in the American Psychiatric Association: Diagnostic and Statistical
				  Manual of Mental Disorders Fourth Edition (DSM-IV), 1400 K Street NW,
				  Washington, DC 20005 (1994, no later amendments or editions included).
"Support Staff" means any staff who do not deliver clinical
				  or intervention services.
"Transfer" means the process that occurs when a patient can
				  no longer receive services at an organization because the appropriate level of
				  care is not available, or the movement of the patient from one level of care to
				  another within an organization's continuum of care.
"Treatment" means a continuum of care provided to persons
				  addicted to or abusing alcohol or other drugs that is designed to identify and
				  change patterns of behavior that are maladaptive, destructive and/or injurious
				  to health; or to restore appropriate levels of physical, psychological, and/or
				  social functioning.
"Treatment Plan" means an individually written plan for a
				  patient that identifies the treatment goals and objectives based upon a
				  clinical assessment of the patient's individual problems, needs, strengths and
				  weaknesses.
"Tuberculosis Services" means counseling the person regarding
				  tuberculosis; testing to determine whether the person has been infected with
				  mycobacteria tuberculosis to determine the appropriate form of treatment; and
				  providing for or referring the infected person for appropriate medical
				  evaluation and treatment.
"U.S. Drug Enforcement Administration rules and regulations
				  pertaining to medical dispensary services" means
				  21 CFR
				  1301.71 -
				  1301.76,
				  1304, and 1307.2(2000).
"Universal Precautions" means the following guidelines
				  published by the U.S. Centers for Disease Control and Prevention:
"Recommendations for Prevention of HIV Transmission in Health
				  Care Settings", MMWR 1987; 36 (2s); and
"Update: Universal Precautions for Prevention of Transmission
				  of Human Immunodeficiency Virus, Hepatitis B Virus, and other Bloodborne
				  Pathogens in Health Care Settings, MMWR 1988; 37 (no. 24).
"Utilization Review" means a quality protective function that
				  attempts to ensure that the patient is receiving an appropriate level of
				  services, in accordance with assessed clinical conditions. Utilization review
				  activities focus primarily in four major areas:
the appropriateness and clinical necessity of admitting a
				  patient to a level of care;
the appropriateness and clinical necessity of continuation of
				  the initiated level of care;
the initiation and completion of timely discharge planning;
				  and
the appropriateness and clinical necessity and timelines of
				  support services.