AUTHORITY: Alternative Health Care Delivery Act [210 ILCS 3].
SOURCE: Adopted at 26 Ill. Reg. 4712, effective March 31, 2002; emergency amendment at 27 Ill. Reg. 7920, effective April 30, 2003, for a maximum of 150 days; emergency expired September 26, 2003; amended at 27 Ill. Reg. 18053, effective November 12, 2003; amended at 30 Ill. Reg. 866, effective January 9, 2006.
SUBPART A: GENERAL PROVISIONS
Section 225.100 Definitions
The following terms have the meaning ascribed to them here whenever the term is used in this Part.
Abuse any physical or mental injury or sexual assault inflicted on a participant other than by accidental means in a facility. Abuse means:
Physical abuse the infliction of physical injury on a participant that occurs other than by accidental means and that requires (whether or not actually given) medical attention.
Mental injury non-physical injury arising from the following types of conduct:
Verbal abuse the use by a licensee, employee or agent of oral, written or gestured language that includes disparaging and derogatory terms to residents or within their hearing or seeing distance, regardless of their age, ability to comprehend or disability.
Mental abuse includes, but is not limited to, humiliation, harassment, threats of punishment or deprivation, or offensive physical contact by a licensee, employee or agent. Sexual harassment or sexual coercion perpetrated by a licensee, employee or agent.
Sexual assault.
Act the Alternative Health Care Delivery Act [210 ILCS 3].
Alzheimer's disease a progressive, degenerative disease that attacks the brain and results in impaired memory, thinking and behavior.
Alzheimer's Disease Management Center Model or Model a designated site that provides a safe and secure setting for care of persons diagnosed with Alzheimer's disease. (Section 35(5) of the Act)
Board the State Board of Health. (Section 10 of the Act)
Caregivers family members, other relatives or friends who are involved in caring for the resident.
Charitable care the intentional provision of free or discounted services to persons who cannot afford to pay for them.
Chemical restraint any drug that is used for discipline or convenience and is not required to treat medical symptoms or behavior manifestations of mental illness.
Comparable health care providers other providers of care for individuals with Alzheimer's disease.
Comprehensive care plan a plan of care developed specifically for an individual resident, based on the resident assessment.
Demonstration Program or Program a program to license and study alternative health care models authorized under the Act. (Section 10 of the Act)
Department the Illinois Department of Public Health. (Section 10 of the Act)
Dietician a person who is a licensed dietician as provided in the Dietetic and Nutrition Services Practice Act [225 ILCS 30].
Director the Director of Public Health or designee. (Section 10 of the Act)
Emergency a situation, physical condition or one or more practices, methods or operations that present imminent danger of death or serious physical or mental harm to residents of a facility.
Facility same as Alzheimer's Disease Management Center Model.
Inspection any survey, evaluation, or investigation of the Alzheimer's Disease Management Center Model's compliance with the Act and this Part by the Department or designee.
Licensee the person or entity licensed to operate the Alzheimer's Disease Management Center Model.
Medical director the physician who is responsible for advising the provost on the overall medical management of the residents in the Model.
Neurologist a physician who is Board certified in neurology.
Occupational therapist, registered (OTR) a person who is registered as an occupational therapist under the Illinois Occupational Therapy Practice Act [225 ILCS 75].
Operator the person responsible for the control, maintenance and governance of the Model, its personnel and physical plant.
Owner the individual, partnership, corporation, association or other person who owns the Model.
Physical restraint any manual method or physical or mechanical device, material, or equipment attached or adjacent to the resident's body, which the individual cannot remove easily and which restricts freedom of movement or normal access to one's body.
Physical therapist a person who is registered as a physical therapist under the Illinois Physical Therapy Act [225 ILCS 90].
Physician a person licensed to practice medicine in all its branches under the Medical Practice Act of 1987 [225 ILCS 60].
Provost the person responsible for directing the care of residents in the Model.
Registered nurse a person who is licensed as a registered professional nurse under the Nursing and Advanced Practice Nursing Act [225 ILCS 65].
Resident a person who resides in an Alzheimer's Disease Management Center Model.
Resident's representative a person authorized by the resident or by law to act on behalf of the resident.
Social worker a person who is a licensed social worker or a licensed clinical social worker under the Clinical Social Work and Social Work Practice Act [225 ILCS 20].
State Fire Marshal the Office of the State Fire Marshal, Division of Fire Protection.
Substantial compliance meeting requirements except for variance from the strict and literal performance, which results in unimportant omissions or defects given the particular circumstances involved.
Unit a physically identifiable residence area.
Section 225.200 Incorporated and Referenced Materials
a) The following private and professional association standards are incorporated in this Part:
1) American National Standards Institute: Standard No. A177.1-R1971, Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped, which may be obtained from the American Society of Mechanical Engineers, United Engineering Center, 325 East 47th Street, New York, New York 10017.
2) American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE), Handbook of Fundamentals (1997), which may be obtained from the National Association of American Society of Heating, Refrigerating, and Air Conditioning Engineers, Inc., 1791 Tullie Circle, N.E., Atlanta, Georgia 30329.
3) American Society for Testing and Materials (ASTM) Standard No. E90-1975: Recommended Practice for Laboratory Measurement of Airborne Sound Transmission Loss of Building Partitions, which may be obtained from the American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103.
4) BOCA International Building Code (1996), which may be obtained from Building Officials and Code Administrators International, Inc., 4051 Flossmoor Road, Country Club Hills, Illinois 60478-5795.
5) National Fire Protection Association (NFPA) Standard No. 101: Life Safety Code, Chapter 33 (2000), which may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02269.
6) Underwriters Laboratories, Inc. (UL), which may be obtained from Underwriters Laboratories, Inc., 333 Pfingsten Rd., Northbrook, Illinois 60062:
A) Fire Resistance Directory (2001 Edition),
B) Building Material Directory (2001 Edition), and
C) Automotive Burglary Protection Mechanical Equipment Directory (2001 Edition).
7) Dietary Guidelines for Americans, 2000, 5th Edition, which may be obtained from the Food and Nutrition Information Center, National Agricultural Library, U.S. Department of Agriculture, 10301 Baltimore Ave., Beltsville, Maryland 20705.
b) All incorporations by reference of the standards of nationally recognized organizations refer to the standards on the date specified and do not include any additions or deletions subsequent to the date specified.
c) The following State statutes and regulations are referenced in this Part:
1) State of Illinois statutes:
A) Alternative Health Care Delivery Act [210 ILCS 3]
B) Dietetic and Nutrition Services Practice Act [225 ILCS 30]
C) Illinois Occupational Therapy Practice Act [225 ILCS 75]
D) Illinois Physical Therapy Act [225 ILCS 90]
E) Medical Practice Act of 1987 [225 ILCS 60]
F) Nursing and Advanced Practice Nursing Act [225 ILCS 65]
G) Health Care Worker Background Check Act [225 ILCS 46]
H) Nursing Home Care Act [210 ILCS 45]
I) Criminal Code of 1961 [720 ILCS 5]
J) Illinois Controlled Substances Act [720 ILCS 570]
K) Cannabis Control Act [720 ILCS 550]
L) Clinical Social Work and Social Work Practice Act [225 ILCS 20]
2) State of Illinois rules:
A) Office of the State Fire Marshal, Boiler and Pressure Vessel Safety Code (41 Ill. Adm. Code 120)
B) Capital Development Board, Illinois Accessibility Code (71 Ill. Adm. Code 400)
C) Department of Public Health:
i) Control of Communicable Diseases Code (77 Ill. Adm. Code 690)
ii) Control of Tuberculosis Code (77 Ill. Adm. Code 696)
iii) Food Service Sanitation Code (77 Ill. Adm. Code 750)
iv) Illinois Plumbing Code (77 Ill. Adm. Code 890)
v) Private Sewage Disposal Code (77 Ill. Adm. Code 905)
vi) Drinking Water Systems Code (77 Ill. Adm. Code 900)
vii) Rules of Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100)