Part 2 - General Provisions
(210 ILCS 47/Art. III Part 2)
(This Part may contain text from a Public Act with a delayed effective date
)
PART 2.
GENERAL PROVISIONS
(Source: P.A. 96‑339, eff. 7‑1‑10.)
(210 ILCS 47/3‑201)
(This Section may contain text from a Public Act with a delayed effective date
)
Sec. 3‑201.
Medical treatment; no prescription by Department.
The Department shall not prescribe the course of medical treatment provided to an individual resident by the resident's physician in a facility.
(Source: P.A. 96‑339, eff. 7‑1‑10.)
(210 ILCS 47/3‑202)
(This Section may contain text from a Public Act with a delayed effective date
)
Sec. 3‑202.
Standards for facilities.
The Department shall prescribe minimum standards for facilities. These standards shall regulate:
(1) Location and construction of the facility,
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(2) Number and qualifications of all personnel, | ||
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(3) All sanitary conditions within the facility and | ||
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(4) Diet related to the needs of each resident based | ||
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(5) Equipment essential to the health and welfare of | ||
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(6) A program of habilitation and rehabilitation for | ||
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(7) A program for adequate maintenance of physical | ||
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(8) Adequate accommodations, staff and services for | ||
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(9) Development of evacuation and other appropriate | ||
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(10) Maintenance of minimum financial or other | ||
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(Source: P.A. 96‑339, eff. 7‑1‑10.) |
(210 ILCS 47/3‑202.1)
(This Section may contain text from a Public Act with a delayed effective date
)
Sec. 3‑202.1.
Weather or hazard alert system.
The Department shall develop and implement a system of alerting and educating facilities and their personnel as to the existence or possibility of weather or other hazardous circumstances which may endanger resident health or safety and designating any precautions to prevent or minimize such danger. The Department may assist any facility experiencing difficulty in dealing with such emergencies. The Department may provide for announcement to the public of the dangers posed to facility residents by such existing or potential weather or hazardous circumstances.
(Source: P.A. 96‑339, eff. 7‑1‑10.)
(210 ILCS 47/3‑202.3)
(This Section may contain text from a Public Act with a delayed effective date
)
Sec. 3‑202.3.
Identified offenders as residents.
No later than 30 days after July 11, 2005 (the effective date of Public Act 94‑163), the Department shall file with the Illinois Secretary of State's Office, pursuant to the Illinois Administrative Procedure Act, emergency rules regarding the provision of services to identified offenders. The emergency rules shall provide for, or include, but not be limited to the following:
(1) A process for the identification of identified
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(2) A required risk assessment of identified | ||
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(3) A requirement that a licensed facility be | ||
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(4) A requirement that the licensed facility notify | ||
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(5) The care planning of identified offenders, which | ||
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(6) For offenders serving terms of probation for | ||
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(7) The discharge planning for identified offenders. (Source: P.A. 96‑339, eff. 7‑1‑10.) |
(210 ILCS 47/3‑202.4)
(This Section may contain text from a Public Act with a delayed effective date
)
Sec. 3‑202.4.
Feasibility of segregating identified offenders. The Department shall determine the feasibility of requiring identified offenders that seek admission to a licensed facility to be segregated from other residents.
(Source: P.A. 96‑339, eff. 7‑1‑10.)
(210 ILCS 47/3‑202.5)
(This Section may contain text from a Public Act with a delayed effective date
)
Sec. 3‑202.5.
Facility plan review; fees.
(a) Before commencing construction of a new facility or specified types of alteration or additions to an existing long term care facility involving major construction, as defined by rule by the Department, with an estimated cost greater than $100,000, architectural drawings and specifications for the facility shall be submitted to the Department for review and approval. A facility may submit architectural drawings and specifications for other construction projects for Department review according to subsection (b) that shall not be subject to fees under subsection (d). Review of drawings and specifications shall be conducted by an employee of the Department meeting the qualifications established by the Department of Central Management Services class specifications for such an individual's position or by a person contracting with the Department who meets those class specifications. Final approval of the drawings and specifications for compliance with design and construction standards shall be obtained from the Department before the alteration, addition, or new construction is begun.
(b) The Department shall inform an applicant in writing within 10 working days after receiving drawings and specifications and the required fee, if any, from the applicant whether the applicant's submission is complete or incomplete. Failure to provide the applicant with this notice within 10 working days shall result in the submission being deemed complete for purposes of initiating the 60 day review period under this Section. If the submission is incomplete, the Department shall inform the applicant of the deficiencies with the submission in writing. If the submission is complete the required fee, if any, has been paid, the Department shall approve or disapprove drawings and specifications submitted to the Department no later than 60 days following receipt by the Department. The drawings and specifications shall be of sufficient detail, as provided by Department rule, to enable the Department to render a determination of compliance with design and construction standards under this Act. If the Department finds that the drawings are not of sufficient detail for it to render a determination of compliance, the plans shall be determined to be incomplete and shall not be considered for purposes of initiating the 60 day review period. If a submission of drawings and specifications is incomplete, the applicant may submit additional information. The 60 day review period shall not commence until the Department determines that a submission of drawings and specifications is complete or the submission is deemed complete. If the Department has not approved or disapproved the drawings and specifications within 60 days, the construction, major alteration, or addition shall be deemed approved. If the drawings and specifications are disapproved, the Department shall state in writing, with specificity, the reasons for the disapproval. The entity submitting the drawings and specifications may submit additional information in response to the written comments from the Department or request a reconsideration of the disapproval. A final decision of approval or disapproval shall be made within 45 days of the receipt of the additional information or reconsideration request. If denied, the Department shall state the specific reasons for the denial.
(c) The Department shall provide written approval for occupancy pursuant to subsection (g) and shall not issue a violation to a facility as a result of a licensure or complaint survey based upon the facility's physical structure if:
(1) the Department reviewed and approved or deemed
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(2) the construction, major alteration, or addition | ||
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(3) the law or rules have not been amended since the | ||
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(4) the conditions at the facility indicate that | ||
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(d) The Department shall charge the following fees in | ||
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(1) (Blank). (2) (Blank). (3) If the estimated dollar value of the alteration, | ||
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(4) If the estimated dollar value of the alteration, | ||
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(5) If the estimated dollar value of the alteration, | ||
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(6) If the estimated dollar value of the alteration, | ||
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(e) All fees received by the Department under this | ||
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(f) (Blank). (g) The Department shall conduct an on site inspection of | ||
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(h) The Department shall establish, by rule, a procedure | ||
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(i) The Department shall establish, by rule, an expedited | ||
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(j) Nothing in this Section shall be construed to apply | ||
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(Source: P.A. 96‑339, eff. 7‑1‑10.) |
(210 ILCS 47/3‑203)
(This Section may contain text from a Public Act with a delayed effective date
)
Sec. 3‑203.
Standards for persons with developmental disability or emotional or behavioral disorder.
In licensing any facility for persons with a developmental disability or persons suffering from emotional or behavioral disorders, the Department shall consult with the Department of Human Services in developing minimum standards for such persons.
(Source: P.A. 96‑339, eff. 7‑1‑10.)
(210 ILCS 47/3‑204)
(This Section may contain text from a Public Act with a delayed effective date
)
Sec. 3‑204.
License classifications.
In addition to the authority to prescribe minimum standards, the Department may adopt license classifications of facilities according to the levels of service, and if license classification is adopted the applicable minimum standards shall define the classification. In adopting classification of the license of facilities, the Department may give recognition to the classification of services defined or prescribed by federal statute or federal rule or regulation. More than one classification of the license may be issued to the same facility when the prescribed minimum standards and regulations are met.
(Source: P.A. 96‑339, eff. 7‑1‑10.)
(210 ILCS 47/3‑205)
(This Section may contain text from a Public Act with a delayed effective date
)
Sec. 3‑205.
Municipalities; license classifications.
Where licensing responsibilities are performed by a city, village or incorporated town, the municipality shall use the same classifications as the Department; and a facility may not be licensed for a different classification by the Department than by the municipality.
(Source: P.A. 96‑339, eff. 7‑1‑10.)
(210 ILCS 47/3‑206)
(This Section may contain text from a Public Act with a delayed effective date
)
Sec. 3‑206.
Curriculum for training nursing assistants and aides.
The Department shall prescribe a curriculum for training nursing assistants, habilitation aides, and child care aides.
(a) No person, except a volunteer who receives no compensation from a facility and is not included for the purpose of meeting any staffing requirements set forth by the Department, shall act as a nursing assistant, habilitation aide, or child care aide in a facility, nor shall any person, under any other title, not licensed, certified, or registered to render medical care by the Department of Financial and Professional Regulation, assist with the personal, medical, or nursing care of residents in a facility, unless such person meets the following requirements:
(1) Be at least 16 years of age, of temperate habits
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(2) Be able to speak and understand the English | ||
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(3) Provide evidence of employment or occupation, if | ||
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(4) Have completed at least 8 years of grade school | ||
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(5) Begin a current course of training for nursing | ||
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The Department may accept comparable training in | ||
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The facility shall develop and implement procedures, | ||
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At the time of each regularly scheduled licensure | ||
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(6) Be familiar with and have general skills related | ||
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(a‑0.5) An educational entity, other than a secondary | ||
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(a‑1) Nursing assistants, habilitation aides, or child | ||
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(b) Persons subject to this Section shall perform their | ||
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(c) It is unlawful for any facility to employ any person | ||
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(d) Proof of compliance by each employee with the | ||
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(e) Each facility shall certify to the Department on a | ||
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(f) Any facility that is operated under Section 3‑803 | ||
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(g) Each skilled nursing and intermediate care facility | ||
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The Department's rules shall provide that such training | ||
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(Source: P.A. 96‑339, eff. 7‑1‑10.) |
(210 ILCS 47/3‑206.01)
(This Section may contain text from a Public Act with a delayed effective date
)
Sec. 3‑206.01.
Health care worker registry.
(a) The Department shall establish and maintain a registry of all individuals who have satisfactorily completed the training required by Section 3‑206. The registry shall include the name of the nursing assistant, habilitation aide, or child care aide, his or her current address, Social Security number, and the date and location of the training course completed by the individual, and the date of the individual's last criminal records check. Any individual placed on the registry is required to inform the Department of any change of address within 30 days. A facility shall not employ an individual as a nursing assistant, habilitation aide, or child care aide unless the facility has inquired of the Department as to information in the registry concerning the individual and shall not employ anyone not on the registry unless the individual is enrolled in a training program under paragraph (5) of subsection (a) of Section 3‑206 of this Act.
If the Department finds that a nursing assistant, habilitation aide, or child care aide has abused a resident, neglected a resident, or misappropriated resident property in a facility, the Department shall notify the individual of this finding by certified mail sent to the address contained in the registry. The notice shall give the individual an opportunity to contest the finding in a hearing before the Department or to submit a written response to the findings in lieu of requesting a hearing. If, after a hearing or if the individual does not request a hearing, the Department finds that the individual abused a resident, neglected a resident, or misappropriated resident property in a facility, the finding shall be included as part of the registry as well as a brief statement from the individual, if he or she chooses to make such a statement. The Department shall make information in the registry available to the public. In the case of inquiries to the registry concerning an individual listed in the registry, any information disclosed concerning such a finding shall also include disclosure of any statement in the registry relating to the finding or a clear and accurate summary of the statement.
(b) The Department shall add to the health care worker registry records of findings as reported by the Inspector General or remove from the health care worker registry records of findings as reported by the Department of Human Services, under subsection (g‑5) of Section 1‑17 of the Department of Human Services Act.
(Source: P.A. 96‑339, eff. 7‑1‑10.)
(210 ILCS 47/3‑206.02)
(This Section may contain text from a Public Act with a delayed effective date
)
Sec. 3‑206.02.
Designation on registry for offense.
(a) The Department, after notice to the nursing assistant, habilitation aide, or child care aide, may designate that the Department has found any of the following:
(1) The nursing assistant, habilitation aide, or
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(2) The nursing assistant, habilitation aide, or | ||
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(3) The nursing assistant, habilitation aide, or | ||
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(4) The nursing assistant, habilitation aide, or | ||
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(b) Notice under this Section shall include a clear and | ||
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(c) The Department may designate any nursing assistant, | ||
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(c‑1) The Department shall document criminal background | ||
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(d) At any time after the designation on the registry | ||
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(Source: P.A. 96‑339, eff. 7‑1‑10.) |
(210 ILCS 47/3‑206.03)
Sec. 3‑206.03.
Resident attendants.
(a) As used in this Section, "resident attendant" means an individual who assists residents in a facility with the following activities:
(1) eating and drinking; and
(2) personal hygiene limited to washing a resident's
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The term "resident attendant" does not include an | ||
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(1) is a licensed health professional or a | ||
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