Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 119 - MINIMUM STANDARDS FOR CERTIFICATION OF DEVELOPMENTAL TRAINING PROGRAMS › Subpart A - GENERAL PROVISIONS FOR CERTIFIED DAY PROGRAMS › Section 119.120 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For the purposes of this Part, the following terms are
				  defined:
"Abuse." Any physical injury, sexual abuse or mental injury
				  inflicted on an individual other than by accidental means. (Section 1-101.1 of
				  the Code)
Physical injury includes all injuries serious enough to
				  require immediate medical treatment by a physician, such as fractures and
				  lacerations which require suturing and all other injuries which because of the
				  circumstances or nature of the injury indicate possible abuse or
				  neglect;
Sexual abuse includes but is not limited to any sexual
				  penetration or sexual conduct between an individual and another person if the
				  individual has been adjudicated legally disabled, or has a guardian, or is
				  unable to understand the nature of the act or is unable to give knowing
				  consent, or is injured, or alleges that there is, or there is evidence of use
				  of force, coercion, or the exchange of money or anything of value; and
Mental injury includes use of words, signs, gestures or other
				  actions by anyone against an individual which intimidates, demeans, harasses,
				  causes emotional anguish or distress, ridicules, threatens, harms or will
				  knowingly incite or precipitate maladaptive behavior on the part of an
				  individual. Mental injury also includes exploitation, which is any act that
				  uses individuals, their resources or their possessions for an agency employee's
				  personal gain or for an agency's benefit.
"Accreditation." A process establishing that a program
				  complies with nationally-recognized standards of care as set by one of the
				  following:
1997 Hospital Accreditation Standards (Joint Commission on
				  Accreditation of Healthcare Organizations (JCAHO), One Renaissance Boulevard,
				  Oakbrook Terrace, Illinois 60181, 1996);
1997 Standards for Behavioral Health Care (Joint Commission
				  on Accreditation of Healthcare Organizations (JCAHO), One Renaissance
				  Boulevard, Oakbrook Terrace, Illinois 60181, 1996);
1996 Comprehensive Accreditation Manual for Health Care
				  Networks (Joint Commission on Accreditation of Healthcare Organizations
				  (JCAHO), One Renaissance Boulevard, Oakbrook Terrace, Illinois 60181, 1996);
				  or
Council on Accreditation 1997 Standards for Behavioral Health
				  Care Services and Community Support and Education Services (Council on
				  Accreditation of Services for Families and Children, Inc. (COA), 120 Wall
				  Street, 11th Floor, New York, New York 10005, 1996).
Outcome Based Performance Measures (The Council, 100 West
				  Road, Suite 406, Towson, Maryland 21204, 1993);
Standards Manual and Interpretive Guidelines for Behavioral
				  Health (Commission on Accreditation of Rehabilitation Facilities (CARF), 4891
				  East Grant Road, Tucson, Arizona 85711, 1996);
Standards Manual and Interpretive Guidelines for Employment
				  and Community Support Services (Commission on Accreditation of Rehabilitation
				  Facilities (CARF), 4891 East Grant Road, Tucson, Arizona 85711, 1996);
Education Standards (National Accreditation Council for
				  Agencies Serving the Blind and Visually Handicapped, 15 West
				  65th Street, New York, New York 10023, 1994);
"Act." The Mental Health and Developmental Disabilities
				  Confidentiality Act [740 ILCS 110 ].
"Adaptive behavior." The effectiveness or degree with which
				  the individual approaches the standards of personal independence and social
				  responsibility expected of the individual's age and cultural group as measured
				  by adaptive behavior scales such as the Inventory for Client and Agency
				  Planning (ICAP) (DLM Teaching Resources, One DLM Park, Allen, Texas 75002,
				  1986) and Scales of Independent Behavior (SIB) (DLM Teaching Resources, One DLM
				  Park, Allen, Texas 75002, 1985).
"Authorized agency representative." A person appointed by the
				  governing body who has responsibility for the program's administration
				  including its content and fiscal affairs.
"Aversive procedures." The application of unpleasant or
				  painful stimuli or stimuli that have a potentially noxious effect, contingent
				  on the exhibition of a specific behavior that is not adaptive.
"Behavior management." Efforts to increase adaptive behaviors
				  and to modify problem behaviors or behaviors that are not adaptive and replace
				  them with behaviors and skills that are adaptive and socially
				  productive.
"Code." The Mental Health and Developmental Disabilities Code
				  [405 ILCS 5 ].
"Day." A calendar day, unless otherwise indicated.
"Deemed status." If a provider has been accredited by an
				  approved accrediting body as identified in the definition of "accreditation" in
				  this Section, the Department shall deem the provider to be in substantial
				  compliance with specific Sections of this Part. Deemed status, however, may be
				  nullified by a finding by the Department that the provider is in substantial
				  non-compliance with one or more of the designated Sections.
"Department." The Department of Human Services.
"Developmental disability." A disability which is
				  attributable to mental retardation, cerebral palsy, epilepsy or autism; or to
				  any other condition which results in an impairment similar to that caused by
				  mental retardation and which requires services similar to those required by
				  individuals with mental retardation. Such disability must originate before the
				  age of 18, be expected to continue indefinitely, and constitute a substantial
				  handicap. (Section 1-106 of the Code)
"Discharge." The full release of an individual from a
				  program.
"Equivalency." Evidence to substantiate compliance with
				  requirements of this Part by means other than indicated in this Part.
"Exclusion." Preventing an individual's entrance or
				  continuation in a program due to the individual's disability, medical
				  condition, or maladaptive behavior, or due to lack of space in the day
				  program.
"Exploitation." Any act that uses individuals, their
				  resources or their possessions for the provider's employee's personal gain or
				  for the provider's benefit.
"Family." The individual's spouse, children, mother, father,
				  sister and brother.
"Full compliance." A survey finding that a program has no
				  identified deficiencies with the standards in this Part.
"Governing body." The provider's decision-making authority
				  which establishes policies for the program's operation and the welfare of the
				  individuals served.
"Guardian." The plenary or limited guardian or conservator
				  appointed by the court for an individual over age 18 so long as the limited
				  guardian's duties encompass concerns related to service requirements.
"Imminent risk." A situation in which individuals in a
				  program are or may be subject to mental, physical or psychological harm which
				  is not immediately correctable, such as environmental or safety hazards.
"Individual." A person who is applying for or receiving
				  services in a program.
"Individual record" or "record." Materials kept
				  chronologically by a program in the course of providing services to an
				  individual.
"Individual services plan" or "plan." A written plan which
				  includes an assessment of the individual's strengths and needs, a description
				  of the services needed regardless of availability, objectives for each service,
				  the role of the individual, guardian, significant others, and the family in the
				  implementation, if the individual agrees to their participation. The plan shall
				  also include a timetable for the accomplishment of objectives, and the names of
				  the persons responsible for their implementation.
"Industrial norm." A standard of measured productivity
				  outcomes of a specific work activity as determined by a time and motion study
				  conducted on workers who are not impaired for the work being performed by age,
				  physical or mental disability, or injury.
"Informed consent." Permission freely granted by the
				  individual or guardian based on full disclosure to the individual or guardian
				  of the benefits and/or liabilities of participation in specific procedures
				  and/or services, including the releases of information, as part of the
				  individual's services plan.
"Interdisciplinary team" or "team." A group consisting of at
				  least the individual, parents (except when a non-legally disabled individual or
				  a legally disabled individual's guardian does not desire them to participate),
				  the guardian, as well as representatives of disciplines and services necessary
				  to identify the individual's needs and to design services and alternatives to
				  meet them. At least one member of the team shall be a qualified mental
				  retardation professional.
"Maladaptive behavior." Actions by the individual that
				  interrupt services, require a specific program addressing the behavior
				  developed by the interdisciplinary team and exclude instances requiring only a
				  verbal prompt such as "please sit down."
"Mental retardation."Significantlysubaverage general
				  intellectual functioning which exists concurrently with impairment in adaptive
				  behavior and which originates before the age of 18 years. (Section 1-116 of the
				  Code)
"Moral turpitude." Moral quality of being inherently base,
				  depraved, vile or wicked.
"Neglect." Failure to provide adequate medical or personal
				  care or maintenance to an individual which results in physical or mental injury
				  or in the deterioration of an individual's physical or mental condition.
				  (Section 1-117.1 of the Code).
"Notice of violation." A report submitted by OAL to a
				  provider listing the program's deficiencies with this Part as noted during a
				  survey.
"OAL." The Department's Office of Accreditation and
				  Licensure.
"Plan of correction." A written plan submitted by a provider
				  to OAL in response to a notice of violation, which describes the steps the
				  provider will take to bring the program into compliance, including the
				  time-frames for completion of each step.
"Program." Services provided in non-residential facilities to
				  adults who are developmentally disabled and require training in self-help,
				  community living skills, social and leisure skills, communication or productive
				  work.
"Progress notes." Narrative chronological documentation in an
				  individual's record of service provided and its relationship to the
				  plan.
"Provider." A sole proprietorship, association, partnership,
				  corporation or organization, public or private, either for profit or
				  not-for-profit, which operates a developmental training program under the
				  jurisdiction of a governing body or board.
"Qualified mental retardation professional (QMRP)." A QMRP
				  must have at least one year of experience working directly with individuals
				  with mental retardation or other developmental disabilities and be one of the
				  following:
A doctor of medicine or osteopathy licensed pursuant to the
				  Medical Practice Act of 1987 [225 ILCS 60 ];
A registered nurse licensed pursuant to the Illinois Nursing
				  Act of 1987 [225 ILCS 65 ];
An occupational therapist or occupational therapist assistant
				  certified by the American Occupational Therapy Association or other comparable
				  body (Illinois Occupational Therapy Practice Act [225 ILCS 75 ]);
A physical therapist certified by the American Physical
				  Therapy Association or other comparable body (Illinois Physical Therapy Act
				  [225 ILCS 90 ]);
A physical therapist assistant registered by the American
				  Physical Therapy Association or a graduate of a two-year college-level program
				  approved by the American Physical Therapy Association or comparable
				  body;
A psychologist with at least a master's degree in psychology
				  from an accredited school (Clinical Psychologist Licensing Act [225 ILCS 15
				  ]);
A social worker with a bachelor's degree from a college or
				  university or graduate degree from a school of social work accredited or
				  approved by the Council on Social Work Education or another comparable body
				  (the Clinical Social Work and Social Work Practice Act [225 ILCS 20 ]);
A speech-language pathologist or audiologist with a
				  certificate of Clinical Competence in Speech-Language Pathology or Audiology
				  granted by the American Speech Language Hearing Association or comparable body
				  or meet the education requirements for licensure and be in the process of
				  accumulating the supervised experience required for licensure (the Illinois
				  Speech-Language Pathology and Audiology Practice Act [225 ILCS 110 ]);
A professional recreation staff person with a bachelor's
				  degree in recreation or in a specialty area such as art, dance, music or
				  physical therapy;
A professional dietician registered by the American Dietetics
				  Association; or
A human services professional with a bachelor's degree in a
				  human services field, including, but not limited to sociology, special
				  education, rehabilitation counseling or psychology.
"Quality assurance." A systematic and objective approach to
				  monitoring and evaluating the appropriateness, adequacy and quality of services
				  in order to identify and resolve problems.
"Restraint." The direct restriction through mechanical means
				  or personal physical force of the limbs, head or body of an individual except
				  as part of a medically prescribed procedure for the treatment of an existing
				  physical disorder or the amelioration of a physical handicap. The partial or
				  total immobilization of an individual for the purpose of performing a medical
				  or surgical procedure shall not constitute restraint. (Section 1-125 of the
				  Code)
"Seclusion." Sequestration by placement of an individual
				  alone in a room from which he or she has no means of leaving. (Section 1-126 of
				  the Code)
"Secretary." The Secretary of the Department of Human
				  Services or his or her designee.
"Self-administration of medications." An individual's ability
				  to take medications independently or with verbal prompts.
"Skills training." Activities which focus on the development
				  of daily living skills which enable individuals to achieve independent
				  functioning and economic self-sufficiency.
"Substantial compliance." A determination that a surveyed
				  program does not have a deficiency or group of deficiencies sufficient to
				  jeopardize the health, welfare or safety of individuals or prevent their
				  maximum development; or, when deficient, the provider has documented a plan of
				  correction to rectify any deficiency or has an approved equivalency or waiver
				  for it.
"Survey." A process to determine the degree of compliance
				  with this Part which a program has maintained, including surveyor observation
				  and an on-site examination of policies, procedures, records of individuals,
				  written plans, and the physical plant. Interviews of individuals and staff are
				  also a part of the survey.
"Suspension." The conditional release of an individual from a
				  program.
"Time-out." When an individual is placed in a behavior
				  modification program pursuant to his or her individual services plan, he or she
				  may be removed from a situation that affords positive reinforcement to an area
				  where reinforcement is not available for a reasonable period of time as
				  determined by the team but not to exceed 30 minutes.
"Waiver." Department-granted exceptions to this Part on
				  application by a provider, for a period not to exceed the duration of the
				  current certificate.
"Work activity." The individual performs work such as
				  contract janitorial, simulated assembly, and food service.