Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 102 - DEPARTMENT CAMPUSES AND PROPERTY › Section 102.10 - Use of Department Campuses and Property

Current through Register Vol. 48, No. 28, July 12, 2024
a) Site visitations
1) The Department may provide visiting
			 privileges to voluntary organizations that wish to review living conditions and
			 the nature of publicly-sponsored services.
2) Voluntary organizations shall request
			 authorization for visiting privileges in writing. The request shall be made to
			 the Assistant Associate Director of the Office of Mental Health or the
			 Assistant Associate Director of SODC Operations, as appropriate and shall
			 specify the center/program to be visited. If the organization agrees to the
			 conditions set out in subsection (a)(2)(A) of this Section, the request shall
			 contain those agreements.
A) The Assistant
			 Associate Director shall authorize an organization to make visits to one or
			 more centers/programs for a period of one year if:
i) The organization agrees that its visits
			 will not interfere with the center's/program's treatment or habilitation
			 programs;
ii) The organization
			 agrees to abide by the provisions of the Mental Health and Developmental
			 Disabilities Confidentiality Act (Confidentiality Act) [740 ILCS 110 ]
			 concerning records and communications of individuals served; and
iii) The organization provides evidence that
			 volunteers have received training on the topics specified in subsection (a)(3)
			 of this Section within 12 months prior to the date of the application for
			 authorization. Such evidence shall, at a minimum, include a list of the
			 training sessions and instructors and any documents distributed as part of the
			 training session.
B) The
			 Assistant Associate Director shall revoke his or her authorization or not renew
			 the authorization if he or she has information that the organization has not
			 abided by the conditions set out in subsection (a)(2)(A) or complied with the
			 requirements of this Section. Any person having information that the
			 organization has not abided by the conditions or complied with the requirements
			 shall submit that information in writing to the appropriate Assistant Associate
			 Director's office. Within 30 calendar days after the receipt of such
			 information, the Assistant Associate Director shall decide whether to revoke or
			 renew the authorization.
C) When
			 the Assistant Associate Director denies, revokes or does not renew an
			 authorization, he or she shall send written notice of the decision to the
			 agency within 30 calendar days after receipt of the application or receipt of
			 information as set out in subsection (a)(2)(B) of this Section. The notice
			 shall include the appeal procedure and time in which the agency must
			 appeal.
D) Any organization whose
			 authorization has been revoked or not renewed may appeal the decision within 30
			 calendar days after receiving the notice. The organization must submit its
			 request for review in writing to the Secretary, and may submit any other
			 documents in support of its appeal with the request for review. The Secretary
			 shall review the decision and the documents and accept or reverse the decision
			 within 30 calendar days. The Secretary shall uphold the decision if he or she
			 finds that the organization has not abided by the agreements as set out in
			 subsection (a)(2)(A) of this Section or complied with the requirements of
			 subsection (a) of this Section.
3) Organization site visits shall be
			 conducted in a manner that is consistent with center/program operating needs in
			 compliance with the Confidentiality Act and be authorized by the Assistant
			 Associate Director of the Office of Mental Health or the Assistant Associate
			 Director of SODC Operations, as appropriate to the center/program. Disruption
			 of individuals and their programs shall be minimized. Except as set by prior
			 agreement with the appropriate Assistant Associate Director, visitation groups
			 shall not exceed five persons on a given unit on any one day. The Assistant
			 Associate Director shall allow more than five persons on a unit if, after
			 consulting with the Director or Administrator, he or she determines that the
			 proposed number of visitors would not interfere with the center's/program's
			 treatment or habilitation plans and would not violate the individuals' privacy.
			 Directors or Administrators who receive requests for visitation privileges
			 shall either forward them to the Assistant Associate Director or advise the
			 organization to send a written request to the Assistant Associate Director. The
			 purpose of the authorization process is to ensure that organization members
			 have received training and orientation concerning the Department's service
			 delivery system with a focus on mental health services and/or developmental
			 disability services, advocacy services, and legal issues such as the rights of
			 individuals and confidentiality. The Assistant Associate Director shall
			 distribute to centers/programs a listing of organizations that are authorized
			 to conduct site visits. Although visitation privileges shall be authorized
			 annually, organizations meeting the standards of this subsection (a) (3) may be
			 included in the listing at any time during the year.
4) Site visits shall be announced 48 hours in
			 advance to the Director or Administrator and shall occur between 9:00 a.m. and
			 9:00 p.m. Following two scheduled visits to any center/program, voluntary
			 organizations may make unannounced visits to any center/program.
5) Before conducting any site visit,
			 organization visitors shall report their presence to the Director or
			 Administrator or the unit administrator on duty, who shall confirm the
			 visitors' identity and authorization and make available a staff member to
			 escort the visitors. All organization visitor's must produce a valid photo
			 identification, such as a driver's license, passport, identification card
			 issued by the Secretary of State to non-drivers, student identification or
			 identification card issued by the visitor's organization or employer before the
			 visitor will be permitted to enter the unit.
6) All visitation activities shall conform to
			 the Confidentiality Act. Clinical records of individuals shall be examined
			 during site visits only in accordance with the Confidentiality Act. During the
			 visit, visitors may request and receive verbal authorization from individuals
			 for interviews with the individuals. If center/program staff are to be included
			 in the interviews or are to be questioned separately in regard to a specific
			 individual, a written consent for release of information shall be obtained from
			 that individual prior to or during the visit. The release shall be filed in the
			 individual's clinical record. Unless a release is obtained, center/program
			 staff shall not participate in the interview or respond to such
			 questions.
7) Authorized visitors
			 shall be permitted access to individuals' living units and program areas,
			 except when, in the Director's, Administrator's or Unit Administrator's
			 clinical judgment, such access poses a threat to their or the individuals'
			 security, or constitutes an interference with individuals' programming. Before
			 visitors are permitted access to living units or program areas, the Director or
			 Administrator shall give individuals advance notice. Before inspecting an
			 individual's room, visitors shall obtain the individual's written or verbal
			 permission. The center/program staff member shall document the verbal
			 permission or receive the written permission and file it in the individual's
			 clinical record.
8) The
			 organization shall provide a written report of its findings to the Director or
			 Administrator within 14 calendar days after the visit. If no negative findings
			 were noted during the visit, the organization should document this finding. The
			 Director or Administrator shall provide the Assistant Associate Director, the
			 Associate Director and the Department Secretary with a copy of all written
			 reports within 48 hours and shall provide a written response to all exit
			 reports within five working days after receipt to the visitors with a copy to
			 the Assistant Associate Director, the Associate Director and the Department
			 Secretary. If the organization has not received a response 15 working days
			 after it submitted its report, it shall notify the Assistant Associate
			 Director, who shall inform the Director or Administrator.