Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 370.240 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Each definition is considered to be a separate rule, but they
				  are not given individual numbers because they are listed alphabetically, and
				  numbers would have to be changed each time a new definition was added or
				  deleted.
"Abuse" - as defined by The Abused and Neglected Long Term
				  Care Facility Residents Reporting Act (Ill. Rev. Stat., ch. 1111/2, par.
				  4163).
"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.
"Act" - as used in these standards, the "Community Living
				  Facilities Licensing 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 his/her age and cultural group.
"Addition" - any construction attached to the original
				  building which increases the area or cubic content of the building.
"Adequate" - 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.
"Adult" - A person eighteen (18) years or older.
"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.
"Aide or Orderly" - any person providing direct personal
				  care, training and/or habilitation services to residents.
"Alteration" - any construction change or modification of an
				  existing building which 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, agency, association, corporation,
				  partnership or organization making application for a license.
"Appropriate Programming" - term used to indicate programming
				  which meets each resident's individual needs commensurate with his functioning
				  level.
"Assessment" - the use of an objective system with which to
				  evaluate the physical, social, developmental, behavioral, psychosocial, etc.,
				  aspects of an individual.
"Audiologist" - a person who is certified or is eligible for
				  a certificate of clinical competence in audiology granted by the American
				  Speech and Hearing Association under its requirements in effect on the
				  publication of this provision or meets the educational requirements for
				  certification, and is in the process of accumulating the supervised experience
				  required for certification.
"Basement" - when used in these regulations means any story
				  or floor level below the main or street floor. Where due to grade difference,
				  there are two levels each qualifying 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.
"Community Alternatives" - service programs in the community
				  provided as an alternative to institutionalization.
"Community Living Facility" - see Facility, Community
				  Living.
"Corporal Punishment"-painful stimuli inflicted directly upon
				  the body.
"Cruelty and Indifference to Welfare of the Resident"-failure
				  to provide a resident with the care and supervision he requires; or, the
				  infliction of mental or physical abuse. Examples of physical abuse are
				  restraining a resident, striking, slapping, hitting, or withholding food as
				  punishment. Examples of mental abuse are swearing, threatening and placing the
				  resident in seclusion.
"Department" - as used in these standards means the Illinois
				  Department of Public Health.
"Developmental Disability" - as defined by Ill. Rev. Stat.
				  1979, ch. 91 1/2, par. 1-106, as amended.
"Developmentally Disabled" - those individuals who have a
				  developmental disability.
"Dietitian" - a person who:
is eligible for registration by the American Dietetic
				  Association; or
has a baccalaureate degree with major studies in food and
				  nutrition, dietetics, and food service management, has one (1) year of
				  supervisory experience in the dietetic service of a health care institution,
				  and participates annually in continuing dietetic education.
"Direct Supervision" - means that work is performed 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.
"Discharge" - the full release of any resident from a
				  facility.
"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.
Existing Community Living 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 January 1, 1982. Existing facilities shall
				  meet the design and construction standards for existing Community Living
				  Facilities.
"Facility, Community Living" - a transitional residential
				  setting which provides guidance, supervision, training and other assistance to
				  ambulatory, mildly and moderately developmentally disabled adults with the goal
				  of eventually moving these persons to more independent living arrangements.
				  Residents are required to participate in day activities, such as vocational
				  training, sheltered workshops or regulate employment. A community living
				  facility shall not be a nursing or medical facility and shall house no more
				  than 20 residents, excluding staff, except as provided for in Section 18 of the
				  "Community Living Facilities Licensing Act," approved September 23, 1981, as
				  amended by Public Act 82-745.
"Financial Responsibility" - sufficient assets to provide
				  adequate services such as: staff, heat, laundry, foods, supplies, and utilities
				  for at least a two (2) month period of time.
"Food Service Sanitation Rules and Regulations" - The
				  following definitions are to be used with the "Rules and Regulations for Food
				  Service Sanitation" (77 Ill. Adm. Code 750) as contained in Section
				  370.1460
				  of this Part.
"Closed" means without openings large enough for the entrance
				  of insects. An opening of 
				  1/32 inch or
				  less is closed.
"Corrosion-resistant materials" means those materials that
				  maintain their original surface characteristics under prolonged influence of
				  the food to be contacted, the normal use of cleaning compounds and bactericidal
				  solutions, and other conditions of the use environment.
"Easily cleanable" means that surfaces are readily accessible
				  and made of such material and finish and so fabricated that residue may be
				  effectively removed by normal cleaning methods.
"Equipment" means stoves, ranges, hoods, slicers, mixers,
				  meatblocks, tables, counters, refrigerators, sinks, dishwashing machines, steam
				  tables, and similar items other than utensils, used in the operation of a food
				  service establishment.
"Food" means any raw, cooked, or processed edible substance,
				  beverage or ingredients including ice used or intended for use or for sale in
				  whole or in part for human consumption.
"Food contact surfaces" means those surfaces or equipment and
				  utensils with which food normally comes in contact and those surfaces with
				  which food may come in contact and drain back into food or onto surfaces
				  normally in contact with food.
"Kitchenware" means all multi-use utensils other than
				  tableware.
"Packaged" means bottled, canned, cartoned, or securely
				  wrapped.
"Potentially hazardous food" means any food that consists in
				  whole or in part of milk or milk products, eggs, meat, poultry, fish,
				  shellfish, edible crustacea, or other ingredients, including synthetic
				  ingredients, and which is capable of supporting rapid progressive growth of
				  infectious or toxigenic microorganisms. This term does not include clean,
				  whole, uncracked, odor-free shell eggs.
"Safe" means materials manufactured from or composed of
				  materials that are not food additives or color additives as defined in Section
				  201(s) or (t) of the "Federal Food, Drug and Cosmetic Act" (
				  21 U.S.C.
				  352 et seq.) as used, or are food additives
				  or color additives so defined and are used in conformity with regulations
				  established pursuant to Section 409 or Section 706 of that Act.
"Sealed" means free of cracks or other openings that permit
				  the entry or passage of moisture.
"Single service articles" means cups, containers, lids,
				  closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins,
				  wrapping materials, toothpicks, and similar articles designed for one-time,
				  one-person use and then discarded.
"Tableware" means multi-use eating and drinking utensils used
				  or designed for direct use by the food consumer.
"Utensil" means any implement (knives, forks, spoons, tongs,
				  spatulas, scoops, pots and pans, etc.) used in the storage, preparation,
				  transportation, or service of food.
"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.
"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.
"Habilitation Plan" - a written plan directed toward the
				  alleviation of a disability or toward increasing a person's level of physical,
				  mental, social or economic functioning.
"House Manager" - a qualified person on duty forty (40) hours
				  a week managing the Community Living Facility and responsible for its operation
				  and its inhabitants.
"Individual Educational Program (IEP)" - a written statement
				  for each resident that provides for specific education and related services.
				  The Individual Educational Program may be incorporated into the Individual
				  Habilitation Plan (IHP).
"Individual Habilitation Plan (IHP)" - 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.
"Institutional Occupancy" - when used in these regulations
				  means Health Care Facilities, Group (a), as defined in Chapter 10, paragraph
				  10-0001 of the Life Safety Code, National Fire Protection Association (1967
				  Edition).
"License" - either probationary or regular as defined in the
				  "Community Living Facilities Licensing Act."
"Licensed Practical Nurse" - a person who is licensed to
				  practice practical nursing under the "Illinois Nursing Act," as now or
				  hereafter amended.
"Licensee" - A person, agency, association, corporation,
				  partnership, or organization which has been issued a license to operate a
				  community living facility.
"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.
"Mental Retardation" - as defined by Ill. Rev. Stat. 1979,
				  ch. 911/2, par. 1-116.
"Misappropriation of Property" - using a resident's cash,
				  clothing, or other possessions without authorization by the resident or the
				  resident's authorized representative; 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.
"Neglect" - as defined by Ill. Rev. Stat., ch. 1111/2, par.
				  4163.
"New Community Living Facility" - any facility initially
				  licensed as a health care facility by the Department on or after January 1,
				  1982. New facilities shall meet the design and construction standards for new
				  Community Living Facilities.
"Normalization" - the principle of helping individuals to
				  obtain an existence as close to normal as possible, by making available to them
				  patterns and conditions of everyday life that are as close as possible to the
				  norms and patterns of the mainstream of society.
"Nurse" - see Registered Nurse or Licensed Practical
				  Nurse.
"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 (OTR)" - a person who: is
				  a graduate of an occupational therapy curriculum accredited jointly by the
				  Council on Medical Education of the American Medical Association and the
				  American Occupational Therapy Association; or is eligible for certification by
				  the American Occupational Therapy Association.
"Occupational Therapy Assistant" - a person who is eligible
				  for certification as a certified occupational therapy assistant (COTA) by the
				  American Occupational Therapy Association.
"Operator" - the person responsible for the control,
				  maintenance and governance of the facility, its personnel and physical
				  plant.
"Oversight" - general watchfulness and appropriate action 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.
"Person" - any individual, partnership, corporation,
				  association, municipality, political subdivision, trust, estate or other legal
				  entity whatsoever.
"Person in Need of Mental Treatment" - any person who is
				  mentally ill and who, because of his or her illness, is reasonably expected to
				  inflict serious physical harm upon him or herself or another in the near future
				  or is unable to provide for his or her basic physical needs so as to guard him
				  or herself from serious harm.
"Personal Care" - assistance with meals, dressing, movement,
				  bathing, or other personal needs, or general supervision and oversight of the
				  physical and mental well-being of an individual, exclusive of nursing.
"Pharmacist, Registered" - a person who is registered to
				  practice pharmacy under the "Pharmacy Practice Act" (Ill. Rev. Stat. 1979 ch.
				  111, par. 4001 et seq.) as now or hereafter amended.
"Physician" - any person licensed by the State of Illinois to
				  practice medicine in all its branches as provided in the "Medical Practice Act"
				  (Ill. Rev. Stat. 1979, ch. 111, pars. 4401 et seq.).
"Probationary License" - an initial license issued for a
				  period not to exceed six (6) months.
"Program Coordinator" - a qualified person directly
				  responsible for the overall program, operation and management of a Community
				  Living Facility.
"Psychiatrist" - a physician who has had at least three (3)
				  years of formal training or primary experience in the diagnosis and treatment
				  of mental illness.
"Psychologist" - a person who is registered with the Illinois
				  Department of Registration and Education to practice clinical
				  psychology.
"Qualified Mental Retardation Professional" - a person who
				  is:
* an educator with a degree in education from an accredited
				  program and with specialized training or one (1) year of experience in working
				  with the mentally retarded; or
* a physical or occupational therapist who has specialized
				  training or one (1) year of experience in treating the mentally retarded;
				  or
* a physician licensed by the State of Illinois to practice
				  medicine or osteopathy and with specialized training or one (1) year of
				  experience in treating the mentally retarded; or . a psychologist registered
				  with the State of Illinois Department of Registration and Education in
				  accordance with the "Psychologist's Registration Act" (Ill. Rev. Stat. 1979,
				  ch. 111, pars. 5301 et seq.) and with specialized training or one (1) year of
				  experience in treating the mentally retarded; or
* a registered nurse with a valid current Illinois
				  registration to practice as a registered professional nurse who has specialized
				  training or one (1) year of experience in treating the mentally retarded;
				  or
* a speech pathologist or audiologist who has specialized
				  training or one (1) year of experience in treating the mentally retarded;
				  or
* a registered social worker with a Bachelor's Degree in
				  social work from an accredited program, or a Bachelor's Degree in a field other
				  than social work and at least three (3) years social work experience under the
				  supervision of a qualified social worker, and with specialized training or with
				  one (1) year of experience in working with the mentally retarded; or
* a therapeutic recreation specialist who is a graduate of an
				  accredited program and eligible for registration in the National Therapeutic
				  Recreation Society, and who has specialized training or one (1) year experience
				  in working with the mentally retarded; or
* a rehabilitation counselor who is certified by the
				  Commission on Rehabilitation Counselor Certification and who has specialized
				  training or one (1) year of experience in treating the mentally
				  retarded.
"Registered Nurse" - a person who is licensed to practice
				  nursing under the "Illinois Nursing Act" (Ill. Rev. Stat. 1979, ch. 111, pars.
				  3401 et seq.) as now or hereafter amended.
"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 (2) 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" - a person residing in a community living
				  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 representative, or the resident's guardian,
				  or the parent of a minor resident for whom no guardian has been
				  appointed.
"Restraint of a Resident" - the application of a device to
				  limit movements.
"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.
"Satisfactory" - same as Adequate.
"Seclusion" - the retention of a resident in a room which he
				  cannot open.
"Self Preservation" - the ability to follow directions and/or
				  recognize impending danger or emergency situations and react by avoiding or
				  leaving the unsafe area.
"Sheltered care" - maintenance and personal care.
"Social Worker, Qualified" - a person who:
is licensed by the State of Illinois (registered or certified
				  by the Illinois Department of Registration and Education); and
is a graduate of a school of social work which has been
				  approved by the Council on Social Work Education (some schools are approved for
				  Bachelor's Degree programs and others for Master's Degree programs); and has
				  one (1) year of social work experience in a health care setting.
"State Fire Marshal" - the Fire Marshal of the Office of the
				  State Fire Marshal, Division of Fire Prevention.
"Story" - when used in these regulations 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.
"Sufficient" - same as Adequate
"Supervision" - authoritative procedural guidance by a
				  qualified person for the accomplishment of a function or activity within
				  his/her sphere of competence, with initial direction and periodic inspection of
				  the actual act of accomplishing the function or activity. Unless otherwise
				  stated in regulations, the supervisor must be on the premises if the person
				  does not meet assistant level (two (2) year training program) qualifications
				  specified in these definitions.
"Support Services" - those services provided to residents in
				  order to facilitate their integration into the community and to improve their
				  level of functioning, independence, and self-respect.
"Therapeutic Recreation Specialist" - a person who is
				  registered with the National Therapeutic Recreation Society 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 which
				  is developed and implemented under the supervision of a qualified
				  professional.
"Transfer" - a change in status of a resident's living
				  arrangements from one facility to another facility.
"Valid License" - a license which is unsuspended, unrevoked
				  and unexpired.