TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.1010 GENERAL REQUIREMENTS
Section 385.1010 General
Requirements
a) This Part applies to the operators/licensees of facilities
that are to be licensed and classified to provide supportive residential
services to persons with HIV disease.
b) The license issued to each operator/licensee shall designate
the licensee's name, facility name, address, the date the license was issued
and the expiration date. Such licenses shall be issued for a period of not
less than six months nor more than 18 months. (Section 25 of the Act)
c) When application for licensure is made in accordance with
Section 385.1020 and the facility is in compliance with all other licensure
requirements or has an accepted plan of correction for any areas of
non-compliance, the license shall be issued.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.1020 APPLICATION FOR LICENSE
Section 385.1020 Application
for License
a) Any person acting individually or jointly with other persons
who proposes to build, own, establish, or operate a supportive residence for
persons with HIV disease shall submit pre-application information on forms
provided by the Department.
b) Application for a license to establish or operate a
residential facility for persons with HIV disease shall be made in writing and
submitted, with other such information as the Department may require, on forms
provided by the Department.
c) The application shall contain the following information:
1) The name and address of the person or business entity who will
be the licensee, and if appropriate:
A) The name and address of the corporation, Board of Directors,
Officers and Registered Agent;
B) Documentation certifying the corporation as a general
not-for-profit corporation in accordance with the General Not-For-Profit
Corporation Act of 1986 (Ill. Rev. Stat. 1991, ch. 32, par. 101.01 et seq.)
[805 ILCS 105];
2) The names and locations of the facilities for which a license
is sought;
3) The name of the person or persons under whose management or
supervision the facility will be operated;
4) Ownership disclosure as required in Section 385.1070.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.1030 OWNERSHIP CHANGE OR DISCONTINUATION
Section 385.1030 Ownership
Change or Discontinuation
a) The license is not transferable. It is issued to a specific
licensee and for a specific location(s). A licensee may have one license to
service more than one geographic location. The license shall immediately
become void and shall be returned to the Department when the facility is sold
or leased; when operation is discontinued; when operation is moved to a new
location; or when the corporation which is the licensee dissolves or
terminates.
b) A license issued to a corporation shall become null, void and
of no further effect upon the dissolution of the corporation. The license
shall not be revised if the corporation is subsequently reinstated. A new
license must be obtained in such cases.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.1040 INSPECTIONS, SURVEYS, EVALUATIONS AND CONSULTATION
Section 385.1040
Inspections, Surveys, Evaluations and Consultation
The terms survey, inspection and
evaluation are synonymous. These terms refer to the overall examination of
compliance with the Act and this Part. All facilities to which this Part
applies shall be subject to and shall be deemed to have given consent to annual
inspections, surveys, and evaluations by properly identified personnel of the
Department, or by such other properly identified persons, including local
health department staff, as the Department may designate. The licensee, or
person representing the licensee in the facility, shall provide to the
representative of the Department access and entry to the premises or facility
for obtaining information required to carry out the Act and this Part. In
addition, representatives of the Department shall have access to and may
reproduce or photocopy at the Department's cost any books, records, and other
documents maintained by the facility, the licensee, or their representatives to
the extent necessary at a rate determined by the facility not to exceed the rate
in the Department's Freedom of Information rules entitled "Freedom of
Information Code" (77 Ill. Adm. Code 1126).
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.1050 FILING AN ANNUAL ATTESTED FINANCIAL STATEMENT
Section 385.1050 Filing an
Annual Attested Financial Statement
Each licensee shall submit an
annual attested financial statement to the Department.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.1060 INFORMATION TO BE MADE AVAILABLE TO THE PUBLIC BY THE LICENSEE
Section 385.1060 Information
to be Made Available to the Public by the Licensee
a) Every facility shall conspicuously post or display in an area
of its offices accessible to clients, employees, and visitors the following:
1) Its current license;
2) A copy of any order currently in effect pertaining to the
operation of the facility issued by the Department or a court; and
3) A list of information available for public inspection.
b) A facility shall retain the following for public inspection:
1) A complete copy of every inspection report of the facility
received from the Department during the past five years;
2) A copy of every order pertaining to the operation of the
facility issued by the Department or a court during the past five years;
3) A description of the services provided by the facility and the
rates charged for those services and items for which a resident may be
separately charged;
4) A list of the corporation's Officers and Board of Directors;
and
5) A list of personnel employed or retained by the facility who
are licensed, certified or registered by the Department of Professional
Regulation.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.1070 OWNERSHIP DISCLOSURE
Section 385.1070 Ownership
Disclosure
a) As a condition of the issuance or renewal of a license, the
applicant or licensee shall file a statement of ownership. The applicant
shall notify the Department of any change in the information required in the
statement of ownership within ten days of the change. (Section 25 of the Act)
b) The statement of ownership shall include:
1) The name, address, Social Security Number, telephone
number, occupation or business activity, business address, and business
telephone number, of the corporation Officers and Board of Directors for
the legal entity designated as the operator/licensee of the facility that is
the subject of the application or license;
2) The name, address, Social Security Number, telephone
number, occupation or business activity, business address, business telephone
number, and the percent of direct or indirect financial interest of those
persons who have a direct or indirect financial interest of five percent or
more in the legal entity that owns the building in which the operator/licensee
is operating the facility that is the subject of the application or license;
and
3) The name and address of any facility, wherever
located, any financial interest of which is owned by the applicant or licensee
if the facility were required to be licensed if it were located in this State.
(Section 25 of the Act)
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.1080 DEFINITIONS
Section 385.1080 Definitions
Abuse – Any
physical or mental injury or sexual assault inflicted on a client in a facility
other than by accidental means.
Act – The
Supportive Residences Licensing Act (Ill. Rev. Stat. 1991, ch. 111½, par. 9001
et seq.) [210 ILCS 65].
Activities of
Daily Living – Eating, toileting, bathing, dressing, ambulation, and transfer.
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 clients of a facility under the particular set of
circumstances in existence at the time of review.
Advance
Directive – A written instruction, such as a living will, power of attorney for
healthcare, or Do Not Resuscitate Order, relating to the provision of care to
the individual.
Aide or
Orderly – Any person providing direct personal care, training or habilitation
services to clients.
Applicant –
Any Not-For-Profit Corporation making application for a license. (Section
10 of the Act)
Appropriate –
A term used to indicate that a requirement is to be applied according to the
needs of a particular client, individual or situation.
Assessment –
The use of an objective system with which to evaluate the physical, social,
developmental, behavioral, and psychosocial aspects of a client.
Board of
Directors – Same as Governing Body.
Case
Management System – A standardized and systematic process of assessment,
planning, service coordination, referral, advocacy, and follow-up through which
the multiple service needs of clients are identified and met.
Client – A
person residing in a Supportive Residence.
Client's
representative – An individual who is authorized to act on behalf of a client
who is unable to reach and communicate an informed decision as determined by
the attending physician. The following order of priority shall apply:
agent
authorized by durable power of attorney for health care;
legal
representative or other court appointed personal representative;
an individual
who is designated in writing as such by a client.
Confinement –
To involuntarily limit a client to a room or other small enclosed area.
Contract – A
binding agreement between a client or the client's guardian (or, if the client
is a minor, the client's parent) and the facility or its agent.
Department –
The Illinois Department of Public Health. (Section 10 of the Act)
Direct Care
Aide – Any person who provides nursing care, personal care or psychosocial
support to clients of Supportive Residences, regardless of title, and who is
not a Qualified Professional, as defined in this Part. Direct Care Aides must
function under the supervision of a licensed nurse when performing nursing or
personal care duties.
Direct Care
Volunteer – Any person who provides non-nursing services to clients of the
facility, and who does not receive fiduciary compensation for these services.
Director –
The Director of the Illinois Department of Public Health or his/her
designee. (Section 10 of the Act)
Discharge –
The full release of any client from a facility.
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
clients of a facility.
Facility –
A private home, institution, building, residence, or any other place that
provides a home-like atmosphere as well as a continuum of care which takes into
account the special needs of persons with HIV disease. (Section 10 of the
Act)
Facility
Management – The individual, or structure, identified responsible for the
overall facility operation by the governing body.
Full-time – On
duty a minimum of 36 hours, four days per week.
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.
Governing Body
– The policy-making authority, whether an individual or a group, that exercises
general direction over the affairs of a facility and establishes policies
concerning its operation and the welfare of the individual it serves.
HIV Disease –
Infected with the human immunodeficiency virus or any other causative agent of
acquired immunodeficiency syndrome (AIDS).
Hospitalization
– The care and treatment of a person in a hospital as an inpatient.
Integrated
Care Plan – The overall document that assesses and interprets the needs
identified in the case management system into specific actions for a client to
maintain or attain his/her maximum potential for as long as possible. This
shall include consideration of medical, nutritional, social and psychosocial
issues. If needed, the medical plan of care is one part of this plan.
Immediately –
To take action without hesitation.
License –
Any of the following types of licenses issued to an applicant or licensee by
the Department:
"Probationary
License" means a license issued to an applicant or licensee which has not
held a license contiguous to its application.
"Regular
License" means a license issued to an applicant or licensee that is in
substantial compliance with the Act and this Part. (Section 10 of
the Act)
Medical Plan
of Care – Those aspects of a client's integrated care plan which center on
treatments, pharmaceuticals or modalities provided directly by or under the
direct supervision of a physician or nurse.
Misappropriation
of Property – Using a client's cash, clothing, or other possessions without
authorization by the client or the client's authorized representative; failure
to return valuables within seven days after a client's discharge; or failure to
refund money within seven days after death or discharge.
Neglect – A failure
in a facility to provide adequate medical or personal care or maintenance,
which failure results in physical or mental injury to a client or in the
deterioration of a client's physical or mental condition.
Nurse – A
registered nurse or a licensed practical nurse as defined in the Illinois
Nursing Act of 1987 (Ill. Rev. Stat. 1991, ch. 111, par. 3501 et seq.) [225
ILCS 65].
Nursing Care –
A complex of activities which carries out the diagnostic, therapeutic, and
rehabilitative plan as prescribed by the physician; care for the client's
environment; observing symptoms and reactions and taking necessary measures to
carry out nursing procedures involving understanding of cause and effect in
order to safeguard life and health.
Operator – The
person responsible for the control, maintenance and governance of the facility,
its personnel and physical plant.
Owner – The
not-for-profit corporation that owns a supportive residence. If a supportive
residence is operated by a person or entity who leases the physical plant that
is owned by another person or entity, "owner" means the person who
operates the supportive residence; except that if the person or entity who owns
the physical plant is an affiliate of the person who operates the supportive residence
and has significant control over the day-to-day operations of the supportive
residence, the person or entity who owns the physical plant shall incur,
jointly and severally with the owner, all liabilities imposed on an owner under
the Act. (Section 10 of the Act)
Pharmacist,
Registered – A person who holds a certificate of registration as a registered
pharmacist, a local registered pharmacist or a registered assistant pharmacist
under the Pharmacy Practice Act of 1987 (Ill. Rev. Stat. 1991, ch. 111, par. 4121
et seq.) [225 ILCS 85].
Physician –
Any person licensed by the State of Illinois to practice medicine in all its
branches as provided in the Medical Practice Act of 1987 (Ill. Rev. Stat. 1991,
ch. 111, par. 4400-1 et seq.) [225 ILCS 60].
Plan of Correction
– A written plan submitted to the Department for correction of a violation of
the Act or this Part that is cited by the Department. The plan shall describe
the steps that will be taken in order to bring the supportive residence into
compliance and the time frame for completion of each step. (Section 10 of
the Act)
Potentially
Hazardous Food – 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, in a form capable of supporting
rapid and progressive growth of infectious or toxigenic microorganisms. The
term does not include foods which have a pH level of 4.6 or below or a water
activity (aw) value of 0.85 or less.
Qualified
Professional – A person who meets the educational, technical and ethical
criteria of a health care profession, as evidenced by eligibility for
membership in an organization established by the profession for the purpose of
recognizing those persons who meet such criteria; and who is licensed,
registered, or certified by the State of Illinois, if required.
Registered
Nurse – A person with a valid Illinois license from the Illinois Department of
Professional Regulation to practice as a registered professional nurse under
the Illinois Nursing Act of 1987.
Restraint of a
Client – The application of a device or administration of a drug 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.
Sufficient –
Same as Adequate.
Supportive
Residence – A supportive residence for persons with HIV disease. (Section
10 of the Act)
Transfer – A
change in status of client's living arrangements from one facility to another
facility.
Universal
Precautions or Universal Blood and Body Fluid Precautions – Measures utilized
by health care providers to protect both patients and health care providers
from contact with blood and body fluids to prevent transmission of the human
immunodeficiency virus (HIV) during health care procedures. In this context,
body fluids means semen, vaginal secretions, cerebrospinal fluid (CSF),
synovial fluid, pleural fluid, peritoneal fluid, pericardial fluid, and
amniotic fluid. In this context, body fluids does not mean feces, nasal
secretions, saliva, sputum, sweat, tears, urine or vomitus unless they contain
visible blood.
Volunteer –
Both direct care volunteers and other individuals working without fiduciary
compensation indirectly assisting facility management and clients. Examples
include housekeeping, building or yard maintenance, writing letters for
clients, visiting with clients, reading with clients, or sharing other
recreational activities with clients.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.1200 FACILITY MANAGER
Section 385.1200 Facility
Manager
A full-time employee shall be
designated as the facility manager and shall be responsible for overall
management of the facility. The manager must, at a minimum, have a Bachelor's
Degree from an accredited college or adequate equivalent experience.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.1250 DISASTER PREPAREDNESS
Section 385.1250 Disaster
Preparedness
The facility shall develop and
implement plans for disaster preparedness and fire safety, including a plan for
evaluation of the facility. Employees shall receive instruction on
implementation of the plans including instruction in the use of fire extinguishers.
These plans shall be practiced in accordance with facility policies at least
twice annually.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.1300 INFECTION CONTROL
Section 385.1300 Infection
Control
The facility shall develop and
implement infection control policies and procedures, and adhere to universal
precautions. The manager shall establish programs to assure compliance with
the infection control policies and procedures. The facility shall develop and
implement internal reporting requirements in the event that an employee or
volunteer is exposed to blood or body fluids, or in the case of a needle
stick. The internal reporting requirements shall include written records of
exposures.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.1350 CASE MANAGEMENT SYSTEM
Section 385.1350 Case
Management System
The facility must develop and
maintain a case management system as part of its services. Individuals
identified as having case management responsibility shall create and monitor an
integrated care plan for each client, which shall be regularly accessible to
those responsible for implementing the plan.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.1400 FACILITY ADMISSION
Section 385.1400 Facility
Admission
a) Before a person is admitted to a facility, or at the
expiration of the period of a previous contract, a written contract shall be
executed between a licensee and client or client's representative.
b) An adult person shall be presumed to have the capacity to
contract for admission to a residential facility for persons with HIV disease
unless adjudicated a "disabled person" within the meaning of Section
11a-2 of the Probate Act of 1975 (Ill. Rev. Stat. 1991, ch. 110½, par. 1-2 et
seq.) [755 ILCS 5], or unless a petition for such an adjudication is pending in
a circuit court of Illinois.
c) If there is no guardian, agent or member of the person's
immediate family available, able, or willing to execute the contract and a
physician determines that a person is so disabled as to be unable to consent to
placement in a facility, or if a person has already been found to be a
"disabled person," but no order has been entered allowing residential
placement of the person, that person may be admitted to a facility before the
execution of a contract required by this Section; provided that a petition for
guardianship or for modification of guardianship is filed within 15 days after
the person's admission to a facility, and provided further that such a contract
is executed within ten days after the disposition of the petition.
d) Facilities shall ensure that all forms, agreements, and
signage which carry information significant to the clients shall be available,
and worded so as not to be confusing to the reader.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.1450 CONTRACT
Section 385.1450 Contract
At the time of the client's
admission to the facility, a copy of the written contract shall be given to the
client and his/her client representative. The contract shall specify the
services that will or will not be provided. The contract shall specify the
rights, duties and financial obligations of the client and the facility.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.1500 POLICIES AND PROCEDURES
Section 385.1500 Policies
and Procedures
a) The facility shall develop and implement written policies and
procedures that provide for the following: admission and discharge practices;
information concerning an individual's rights under State law to make decisions
regarding treatment and to make advance directives; the rights of clients to
file a grievance in response to facility actions; and the rights of the client
in accordance with Sections 385.1550, 385.1600, 385.1650, 385.1700, 385.1750,
and 385.1800. These policies and procedures shall be shared with the client
before or at the time of admission.
b) The execution of any advance directives must be documented in
the client's record. The facility cannot condition provision of care or
otherwise discriminate on the basis of the execution of any advance directive.
c) The facility shall develop and implement policies and
procedures relating to services which can or cannot be provided to dependent
minors of clients.
d) The facility shall develop policies and procedures that
specify discharge and transfer practices due to improvement or decline in the
client's medical condition.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.1550 CLIENTS' RIGHTS
Section 385.1550 Clients'
Rights
a) A client shall not be deprived of any rights, benefits, or
privileges guaranteed by law based solely on his/her status as a resident of
the facility.
b) A client shall be permitted to retain and use or wear his/her
personal property in his/her immediate living quarters unless deemed medically
inappropriate or socially disruptive by a physician and so documented in the
client's record.
c) The facility shall provide a means of safeguarding small items
of value for the clients in their rooms or in any other part of the facility,
so long as the client has daily access to such valuables.
d) The facility shall make reasonable efforts to prevent loss and
theft of clients' property. The facility shall develop procedures for
investigating complaints concerning theft of clients' property and shall
promptly investigate all such complaints.
e) There shall be no traffic through a client's room to reach any
other area of the building.
f) Children under 16 years of age who are related to employees or
volunteers of a facility, and who are not themselves employees/volunteers of
the facility, shall be restricted to quarters reserved for family or employee
use except during times when such children are part of a group visiting the
facility as part of a planned program, or similar activity.
g) A client may refuse to perform labor for a facility unless
specified in the admission contract, and the client's integrated care plan.
h) A client shall be permitted the free exercise of religion.
Upon a client's request, and if necessary at his/her expense, the facility
management shall make arrangements for a client's attendance at religious
services of the client's choice. However, no religious beliefs or practices or
attendance at religious services may be imposed upon any client.
i) The facility shall encourage and not prohibit a client's
right to vote in person or by absentee ballot in all elections.
j) Upon entering the facility, clients shall be provided with a
form on which they may list those persons to be notified in the event of their
death, or at such time as their death appears imminent. A client may decline
to have any person notified of his/her death. In all cases, the client's
physician shall be notified by the facility.
k) The facility shall notify the client's representative whenever
the client suffers from a sudden illness or accident, or if and when
unexplained absences occur, in accordance with the terms of the contract.
l) A client may not be transferred, discharged, evicted,
harassed, dismissed, or retaliated against for filing a complaint or providing
information concerning a complaint against the facility.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.1600 RIGHTS IN MEDICAL SERVICES
Section 385.1600 Rights in
Medical Services
a) A client shall be permitted to retain the services of his/her
own personal physician at his/her own expense under an individual or group plan
of health insurance, or under any public or private assistance program
providing such coverage.
b) The Department shall not prescribe the course of medical
treatment provided to an individual client by the client's physician in a
facility.
c) All clients shall be permitted to obtain from their own
physician or the physician retained by the facility complete and current
information concerning his/her medical diagnosis, treatment and prognosis in
terms and language the client can reasonably be expected to understand.
d) All clients shall be permitted to participate in the planning
of their total care and medical treatment to the extent that their condition
permits. Any person a client chooses may also participate in the planning of
the client's care.
e) No client shall be subjected to experimental research or
treatment without first obtaining his/her informed, written consent and
advising facility management. The experimental research/treatment shall be
part of the client's integrated care plan.
f) Every client shall be permitted to refuse medical treatment
and to know the consequences of such action.
g) Every client or client's representative shall be permitted to
inspect and copy all of the client's clinical and other records concerning the
client's care and maintenance kept by the facility or by the client's
physician.
h) All clients shall be permitted respect and privacy in their
medical and personal care program. Every client's case discussion,
consultation, examination and treatment shall be confidential and shall be
conducted discreetly. Those persons not directly involved in the client's care
must have the client's permission to be present.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.1650 RESTRAINTS
Section 385.1650 Restraints
a) Restraints shall not be used except as a temporary measure to
administer treatment or medications or in an emergency.
1) In the case of administering treatment or medication,
restraints shall be used only with the written order of the physician. The order
shall specify the reasons for use, duration and type of restraint.
2) In the case of an emergency, the restraint shall only be used
to protect a client from harming himself/herself or others. The physician
shall be notified, immediately after the restraint is applied and the client's
needs are met. The physician may order continued use of restraints while steps
are taken to mitigate the need for restraints or to locate a more appropriate
health care setting for the client. In no case may restraints be used for more
than 48 hours.
3) In either case, when restraints are used, a trained, licensed
healthcare professional who is knowledgeable in restraint application and use
shall be available at the facility at all times the restraint is in use. Further,
a client wearing a restraint shall have it released for a few minutes at least
once every two hours, or more often if necessary. The client's position shall
be changed at these times.
b) No chemical, medication, or tranquilizer shall be employed by a
facility as a restraint or confinement in lieu of or in addition to any
physical restraint. Such chemicals, medications or tranquilizers may only be
employed as part of a duly prescribed therapeutic medical treatment program
authorized by the client's physician and documented in the client's integrated
care plan and medical record.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.1700 COMMUNICATION AND VISITATION
Section 385.1700
Communication and Visitation
a) Every client shall be permitted unimpeded, private and
uncensored communication of his/her choice by mail and public telephone. The
facility management shall ensure that correspondence is promptly received and
mailed, and that telephones are reasonably accessible.
b) The facility management shall ensure that clients may have
private visits at any reasonable hour unless such visits are not medically
advisable for the client as documented in the client's record by the client's
physician. The facility shall allow daily visiting. Visiting hours shall be
posted in plain view of visitors. The facility management shall ensure that
space for visits is available and that facility personnel knock, except in an
emergency, before entering any client's room.
c) Unimpeded, private and uncensored communication by mail,
public telephone, and visitation may be reasonably restricted by a physician or
facility management only in order to protect the client or others from harm,
harassment or intimidation, provided that the reason for such restriction is
placed in the client's integrated care plan and medical plan of care by the
physician or facility management. Upon admission, all clients shall be advised
of the potential causes of such restrictions.
d) Any employee or agent of a public agency, any representative
of a community legal services program or any member of a community organization
shall be permitted access at reasonable hours to any individual client or any
facility, if the purpose of such agency, program or organization includes
rendering assistance to clients without charge, but only if there is neither a
commercial purpose nor effect to such access and if the purpose is to do any of
the following:
1) Visit, talk with, and make personal, social, and legal services
available to all clients:
2) Inform clients of their rights and entitlements and their
corresponding obligations, under federal and State laws, by means of
educational materials and discussions in groups and with individual clients;
3) Assist clients in asserting their legal rights regarding
claims for public assistance, medical assistance and social security benefits,
as well as in all other matters in which clients are aggrieved. Assistance may
include counseling and litigation; or
4) Engage in other methods of asserting, advising and
representing clients so as to extend to them full enjoyment or their rights;
e) No visitor shall enter the immediate living area of any client
without first identifying himself/herself and then receiving permission from
the client to enter. The rights of other clients present in the room shall be
respected. A client may terminate at any time a visit by a person having access
to the client's living area. Facility staff may terminate visits or provide
other accommodations for the visits if they are so requested by the client, or
the visitor is involved in behavior violating other clients' rights. The
visitor may be removed from the facility by facility staff if the visitor is
participating in illegal activity or has been removed for engaging in such
activity on the premises in the past.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.1750 CLIENT'S FUNDS
Section 385.1750 Client's
Funds
A client shall be permitted to
manage his/her own financial affairs. A facility shall not manage client funds.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.1800 TRANSFER OR DISCHARGE
Section 385.1800 Transfer or
Discharge
a) A client shall be voluntarily discharged from the facility
after he/she gives facility management, a physician, or a nurse of the facility
written notice of the desire to be discharged. A client shall be discharged
upon written consent of his/her representative unless there is a court order to
the contrary. In such cases, upon the client's discharge, the facility is
relieved of any responsibility for the client's care, safety, or well-being.
b) The facility shall establish involuntary discharge procedures
that shall include at least the following:
1) Client behavior that may result in involuntary discharge:
A) the client's decline or improvement in medical condition that
may result in involuntary discharge;
B) the client's physical safety;
C) the client's action, or inaction, which directly impinges on
the physical safety of other clients, the facility staff or facility visitors;
2) Client counseling that will be provided to avoid involuntary
discharge;
3) Client notification and due process concerning involuntary
discharge;
4) Timeframes between counseling, notice, and involuntary
discharge consistent with the reason for the involuntary discharge;
5) Discharge planning that will be done.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.1850 CLIENTS ADVISING THE FACILITY
Section 385.1850 Clients
Advising the Facility
a) There shall be a mechanism for regular client input in the
decision-making processes of the facility. Provisions shall be made for
evaluation and review of conditions and policies by the governing body.
b) There shall be regular meetings with clients for the purpose
of advising the facility management on procedures and policies. These meetings
may be a vehicle for participation by direct care volunteers and community
representatives who reflect the facility's clients' racial and ethnic makeup.
These meetings shall be convened by facility management or clients of the
facility, and shall be conducted in accordance with confidentiality rules of
the facility.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.1900 ABUSE AND NEGLECT
Section 385.1900 Abuse and
Neglect
a) A licensee, facility manager, employee, volunteer or agent of
a facility shall not abuse or neglect a client.
b) A facility employee, agent, or volunteer who becomes aware of
abuse or neglect of a client shall immediately report the matter to the facility
management.
c) Upon becoming aware of abuse or neglect, facility management
shall immediately report the matter by telephone and in writing to the client's
representative and the Department.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.1950 EMPLOYEE AND VOLUNTEER POLICIES AND PROCEDURES
Section 385.1950 Employee
and Volunteer Policies and Procedures
a) The facility shall develop job descriptions for each position
including specifying minimum qualifications. Employees and volunteers shall
meet or exceed the minimum qualifications for the position for which they are
employed.
b) All employees shall receive orientation including general
information relating to facility goals, client safety, disaster preparedness,
fire safety, universal precautions and infection control, and job tasks.
c) Employees and volunteers shall be provided training to assure
staff can effectively perform their jobs and be familiar with the requirements
of the AIDS Confidentiality Act [210 ILCS 115] and its regulations (77 Ill.
Adm. Code 697).
d) At least annual evaluations of employee work performance shall
be made by the management of the facility.
e) Each facility must have policies and procedures related to
volunteer services. Direct care volunteers shall receive the same general
orientation as employees; and orientation to their specific work assignment.
f) Each facility shall have an employee handbook that defines
employee rights and responsibilities, client rights, confidentiality
requirements and appropriate client/employee interaction.
g) Each employee or direct care volunteer shall have an initial
health evaluation. The initial health evaluation shall be conducted no more
than 30 days prior to or 30 days after the employee or direct care volunteer
begins work. The initial health evaluation shall include tuberculin testing in
accordance with the Control of Tuberculosis Code (77 Ill. Adm. Code 696).
Testing shall be completed no more than 90 days prior to or 10 days after the
first day of work. The facility shall maintain records of the initial health
evaluation and the tuberculosis screening. Individuals who are significant
reactors shall have documentation in their records of follow-up and
consideration for therapy.
h) The facility shall identify a responsible person to be
available on the premises 24 hours a day to respond to emergency needs of the
clients. This person may be an employee, volunteer, or client. The facility
shall ensure that clients are informed of the identity of the responsible
person.
i) Prior to employing any individual in a position that requires
a State license, the facility shall contact the Illinois Department of
Professional Regulation to verify that the individual's license is active. A
copy of the license shall be placed in the individual's personnel file.
j) The facility shall check the status of all applicants with
the Nurse Aide Registry prior to hiring.
(Source: Amended at 26 Ill. Reg. 11990, effective July 31, 2002)
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.2000 MEDICAL AND SUPPORTIVE SERVICES
Section 385.2000 Medical and
Supportive Services
a) Each client admitted shall be under the care of a physician.
Clients shall be referred to a physician if they do not have one identified at
the time of admission.
b) Each client admitted shall have had a physical examination
within three days after admission, unless the client has had a physical
examination no more than 30 days prior to admission; or has been admitted
directly from an acute care hospital where the client had been admitted as a
patient.
c) Each client admitted shall have tuberculin testing in
accordance with the Control of Tuberculosis Code (77 Ill. Adm. Code 696) within
10 days after admission or be able to produce the results of a tuberculin test
administered within the last 90 days or be under the care of a physician for
tuberculosis. All individuals who are significant reactors shall have
documentation in their record of follow-up and consideration for therapy.
d) The names and telephone numbers of persons to contact in
medical and other emergencies shall be available. This information shall be
reviewed with staff, contractual employees and direct care volunteers.
e) There shall be one or more agreements with area hospitals for
emergency admissions and needed hospital-based services, for use in instances
where a client is incapable of deciding his/her own hospital admission.
f) Each client shall have an assessment of physical, mental, and
psychosocial needs. These needs shall be addressed in an integrated care plan
that will allow the client to maintain his/her maximum potential for as long as
possible.
g) The facility shall either contract, or provide directly, the
staff and services needed to meet each client's integrated care plan. The
integrated care plan shall be updated as needed, or at least every 3 months.
(Source: Amended at 26 Ill. Reg. 11990, effective July 31, 2002)
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.2050 GENERAL REQUIREMENTS FOR NURSING AND ASSISTANCE WITH ACTIVITIES OF DAILY LIVING
Section 385.2050 General
Requirements for Nursing and Assistance with Activities of Daily Living
a) Adequate and properly supervised nursing care and assistance
with activities of daily living shall be provided to each client to meet the
total care needs of the client as determined by the integrated care plan.
Provision of staff may be made directly or through a licensed home health
agency or hospice program.
b) All treatments and procedures shall be administered as ordered
by the physician.
c) Objective observations of changes in a client's condition,
including mental and emotional changes, as a means for analyzing and
determining care required and the need for further evaluation and treatment,
shall be made by staff and recorded in the client's medical plan of care.
d) Assistance with activities of daily living shall be provided,
as needed. This shall include, but not be limited to, the following:
1) Each client shall have proper daily personal attention,
including skin, nails, hair, or oral hygiene, in addition to treatment ordered
by the physician.
2) Each client shall have at least one complete bath and hair
wash weekly and as many additional baths and hair washes as necessary for
satisfactory personal hygiene and comfort.
3) Each client shall have clean, suitable clothing in order to be
comfortable, sanitary, free of odors, and decent in appearance.
4) Each client shall have clean bed linens at least once weekly
and more often if necessary.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.2100 MEDICATION POLICIES AND PROCEDURES
Section 385.2100 Medication
Policies and Procedures
a) Development of Medication Policies
1) Every facility shall adopt written policies and procedures
which shall be followed in the operation of the facility for properly and
promptly obtaining, dispensing, administering, and disposing of drugs and
medications. These policies and procedures shall be in compliance with all
applicable federal, State and local laws.
2) These policies and procedures shall be developed with the
advice of a pharmaceutical advisory committee that includes at least one
pharmacist, one physician, the facility manager, and a registered nurse.
b) Physician's Orders and Telephone Orders
1) All medications, including cathartics, headache remedies, or
vitamins, shall be given only upon the written order of a physician. All such
orders shall have the handwritten signature of the physician. Rubber stamp
signatures are not acceptable. These medications shall be given as prescribed
by the physician and at the designated time.
2) Telephone orders may be taken by a registered nurse or
licensed practical nurse. All such orders shall be immediately written in the
client's medical plan of care record or a "telephone order form" and
signed by the nurse taking the order. These orders shall be countersigned by
the physician within five working days.
c) All medications to be released to the client, or person
responsible for the client's care, at the time of discharge or when the client
is going to be temporarily out of the facility at medication time shall be
approved by the physician. A notation concerning their disposition shall be
made in the client's medical plan care.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.2150 CONTROL OF MEDICATIONS
Section 385.2150 Control of
Medications
a) The facility shall comply with all federal and State laws and
regulations relating to the procurement, storage, dispensing, administration,
and disposal of medications.
b) All Schedule II controlled substances shall be stored in such
a manner that two separate locks, using two different keys, must be unlocked to
obtain these substances. This may be accomplished by several methods such as
locked cabinets within locked medicine rooms, separately locked, securely
fastened boxes (or drawers) within a locked medicine cabinet, locked portable
medication carts, which are stored in a locked medicine room when not in use,
or portable medication carts containing a separate locked area within the
locked medication cart, when such cart is made immobile.
c) All discontinued medications, medications having expiration
dates that have passed, and medications of clients who have been discharged or
who have expired shall be disposed of in accordance with the written policies
and procedures. This rule shall not apply to clients who have been temporarily
transferred to a hospital or who are on a temporary home visit. Medications
for such persons shall be kept in the facility until such time as the client
expires or is discharged from the facility.
d) For all Schedule II substances, a controlled substances record
shall be maintained that lists on separate sheets, for each type and strength
of Schedule II substance, the following information: date, time administered,
name of client, dose, physician's name, signature of person administering dose,
and number of doses remaining.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.2200 LABELING, STORAGE AND ADMINISTRATION OF MEDICATIONS
Section 385.2200 Labeling,
Storage and Administration of Medications
a) Clients shall be encouraged to independently administer their
own medications. If a client cannot administer his/her own medications,
administration shall be by licensed medical or licensed nursing personnel in
accordance with their respective licensing requirements.
b) Medications for all clients shall be properly labeled and
stored in accordance with the facility's policy and procedures.
c) The medications of each client shall be kept and stored in the
containers in which they were originally received. Medications shall not be
transferred between containers, except that a licensed nurse may remove
medication from original containers and place it in other containers to be sent
with a client when the client will be out of the facility at the time of scheduled
administration of medication.
d) Medications prescribed for one client shall not be
administered to another client.
e) If for any reason a physician's medication order cannot be
followed, the physician shall be notified as soon as is reasonable, depending
upon the situation, and a notation made in the client's medical plan of care.
f) Medication errors and drug reactions shall be immediately
reported to the client's physician. An entry thereof shall be made in the
client's medical plan of care, and the error or reaction shall also be
described in an incident report.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.2250 NUTRITIONAL ISSUES
Section 385.2250 Nutritional
Issues
If the integrated care plan
identifies that client intake of adequate nutrition or hydration is a problem,
a plan shall be developed to meet those needs.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.2300 MEAL SERVICE
Section 385.2300 Meal
Service
Meals shall be scheduled in
accordance with times customary in the community. Care shall be taken to ensure
a variety of menus that recognize client preferences.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.2350 FOOD SERVICE SANITATION
Section 385.2350 Food
Service Sanitation
a) Food shall be free from spoilage, filth, and other
contamination, and shall be safe for human consumption. Food must be prepared
in an inspected food service establishment.
b) Food must be protected from potential contamination while
being stored, prepared, served, or transported. Potentially hazardous foods
shall be maintained at 45º F. or below or 140º F. or above. (Refer to Section
750.10 of the Food Service Sanitation Code (77 Ill. Adm. Code 750) for a
definition of potentially hazardous foods.)
c) Adequate refrigeration facilities and hot food storage
facilities shall be provided to assure the maintenance of food at the required
temperature during storage.
d) No person shall work in food service while infected with a
disease in a communicable form that can be transmitted by foods, or who is a
carrier of organisms that cause such a disease, or while afflicted with a boil
or infected wound, or an acute respiratory infection.
e) Staff shall thoroughly wash their hands with soap and warm
water before starting work, during work as often as necessary to keep them
clean, and after smoking, eating, drinking, or using the toilet. Staff shall
not use tobacco in any form while engaged in food preparation or service nor
while in any equipment or utensil washing or food preparation area.
f) Food contact surfaces shall be easily cleanable, smooth, free
of breaks, open seams, cracks, chips, pits, and similar imperfections, and free
of difficult to clean internal corners and crevices. Non-food contact surfaces
of equipment shall be designed and fabricated to be smooth, washable, free of
unnecessary ledges, projections, or crevices, and shall be of such material and
in such repair as to be easily maintained in a clean, sanitary condition. Food
contact and non-food contact surfaces shall be maintained in a clean condition.
g) Equipment and utensils shall be washed, rinsed, and sanitized
after each use. For manual cleaning and sanitizing, items will be washed in a
hot detergent solution, rinsed with clear water, and sanitized by one of the
following methods:
1) immersion for at least one-half minute in clean, hot water of
at least 170º F.;
2) immersion for at least one minute in a clean solution of at
least 50 parts per million of available chlorine as a hypochlorite and having a
temperature of at least 75º F.;
3) immersion for at least one minute in a clean solution
containing at least 12.5 parts per million of available iodine and having a ph
not higher than 5.0 and a temperature of at least 75º F.; or
4) immersion in a clean solution containing any other chemical
sanitizing agent allowed under 21 CFR 178.1010 (1990, no further editions or
amendments included) that will provide the equivalent bactericidal effect of a
solution containing at least 50 parts per million of available chlorine as a
hypochlorite and having a temperature of at least 75º F. for one minute.
h) Mechanical cleaning and sanitizing may be done by spray-type
or immersion dishwashing machines, or by any other type of machine or device if
it is demonstrated that it thoroughly cleans and sanitizes equipment and
utensils. Machines shall be installed and maintained in good repair, and shall
be operated in accordance with the manufacturer's instructions. The final
sanitizing rinse shall be at least 180º F. or equivalent. Refer to the Food
Service Sanitation Code, Section 750.830(h), for specifics on mechanical
sanitizing.
i) Utensils shall be air dried before being stored or stored in
a self-draining position.
j) Garbage and refuse shall be kept in durable, easily
cleanable, insect and rodent-proof containers that do not leak or absorb
liquids.
k) The facility shall be kept in such a condition as to prevent
the harborage or feeding of insects and rodents. Screen doors shall be
self-closing, and screening material shall not be less than 16 mesh to the
inch.
l) Floors, floor coverings, walls, and ceilings shall be easily
cleanable and maintained in good repair.
m) Poisonous or toxic materials shall be properly labeled. Insecticides
and rodenticides and detergents, sanitizers, and other cleaning agents shall be
stored physically separate from each other and not stored above or intermingled
with food, food equipment and utensils.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.2400 PHYSICAL PLANT
Section 385.2400 Physical
Plant
a) Not more than two people shall share a bedroom. No room
commonly used for other purposes, including, but not limited to, a hall,
stairway, attic, garage, storage area, shed or similar detached building, shall
be used as a sleeping room for any client.
b) Toilets and bathrooms shall be conveniently located. At least
one toilet, washbasin, and bathtub or shower shall be provided per six
clients. If the bathing area or toilet room contains more than one of each
fixture, a means of allowing individual privacy shall be provided.
c) Sufficient room shall be available throughout the facility to
accommodate and serve all clients in comfort, safety and privacy. The premises
shall be maintained in good repair and shall provide a safe, clean, and
healthful environment, free of pests. Exits shall not be blocked.
d) Each facility shall be in full compliance with local building
codes and fire safety/protection requirements.
e) Garbage shall be disposed of in accordance with State and
local requirements. Potentially infectious medical wastes shall be disposed of
in accordance with State and local requirements. All solid waste shall be
handled in the facility to prevent transmission of disease. Sharps must be
stored and disposed of in rigid, puncture-resistant containers.
f) Water supply, sewage disposal and plumbing systems shall
comply with all applicable State and local codes and ordinances.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.2500 VIOLATIONS
Section 385.2500 Violations
a) If the Department determines that a supportive residence is
not in compliance with the Act or this Part, the Department shall
promptly serve a notice of violation upon the licensee. The notice shall
be served on the licensee personally or by certified mail. (Section 30 of the
Act)
b) Each notice of violation shall be in writing and shall
include:
1) A description of the nature of the violation.
2) Citation of the statutory provision or rule alleged to have
been violated.
3) A statement that the licensee must submit a plan of
correction as provided under subsection (c) of this Section.
4) A description of any other action the Department may take
under this Act, including adverse licensure action under Section 50 of the
Act and Section 385.2550 of this Part.
5) A statement that the licensee has a right to a hearing
to contest the violation as provided in Section 55 of the Act and
Section 385.2600 of this Part and a description of the procedure for requesting
a hearing. (Section 30 of the Act)
c) In response to the receipt of a notice of violation, the
licensee shall submit a written plan of correction to the Department
(Section 30 of the Act). Each plan of correction is subject to the approval of
the Department and shall comply with the following requirements:
1) Be filed with the Department within 10 working days after the
licensee's receipt of the notice of violation.
2) State with particularity the method by which the licensee
intends to correct each violation specified in the notice of violation.
3) Contain a stated date by which each violation will be
corrected.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.2550 ADVERSE LICENSURE ACTION
Section 385.2550 Adverse
Licensure Action
a) Adverse licensure actions include the denial of an initial
license application, denial of an application for license renewal, revocation
of a license, and suspension of a license.
b) Adverse licensure action shall be considered by the Department
under the following conditions:
1) If the applicant or licensee has been convicted of a felony
or two or more misdemeanors involving moral turpitude, as shown by a certified
copy of the court's conviction, and
A) The Department determines after investigation that the
person has not been sufficiently rehabilitated to warrant the public trust; or
B) Upon other satisfactory evidence that the moral character of
the applicant or licensee is not reportable.
2) If the licensee submits false information on Department
licensure forms.
3) If the licensee submits false information during an
inspection.
4) If the licensee refuses to allow an inspection to occur.
5) If the licensee violates the Act or this Part.
6) If the licensee violates the rights of its clients.
7) If the licensee fails to submit or implement a plan of
correction within the specified time period. (Section 50 of the Act)
8) If the Department finds licensee conduct or practice to be
detrimental to the health, safety, or welfare of a client.
c) In determining whether to take adverse licensure action, the
Department shall consider the following factors:
1) The gravity of the violation, including the probability that
death or serious physical or mental harm to a client will result or has
resulted and the severity of the actual or potential harm.
2) The extent to which the provisions of the Act or this Part
were violated.
3) The reasonable diligence exercised by the licensee and any
efforts by the licensee to correct the violations.
4) Any previous violations committed by the licensee.
5) The financial benefit to the licensee of committing or
continuing the violation.
d) The Director will order an emergency suspension of a license
when the Director finds that continued operation of the facility poses an
immediate and serious danger to the public health, safety, or welfare. The
suspension shall take effect upon the issuance of an order of emergency
suspension by the Director and shall remain in effect during any administrative
proceeding contesting the action. Promptly following any emergency suspension
of a license, the Department shall take action to revoke the license.
e) Notice of Adverse Licensure Action
1) The Department shall notify the applicant or licensee in writing
prior to denying an application, refusing to renew a license, or revoking a
license.
2) The notice shall be served on the applicant or licensee either
by personal service or by registered mail. The notice shall contain the
following information:
A) A description of the particular reasons for the proposed
action, including citations of the specific provisions of the Act and this Part
under which the proposed action is being taken.
B) The date, not less than 15 days from the date of the mailing or
service of the notice, on which the action will take effect, unless appealed by
the applicant or licensee.
C) A description of the manner in which the applicant or licensee
may appeal the proposed action and the right of the applicant or licensee to a
hearing under Section 10 of the Act and Section 385.2600 of this Part.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 385
SUPPORTIVE RESIDENCES LICENSING CODE
SECTION 385.2600 HEARINGS
Section 385.2600 Hearings
Hearings conducted pursuant to
the Act and this Part shall be conducted in accordance with the following:
a) Section 55 of the Act;
b) The Illinois Administrative Procedure Act (Ill. Rev. Stat.
1991, ch. 127, par. 1001-1 et seq.) [5 ILCS 100];
c) The rules of the Department entitled "Rules of Practice
and Procedure in Administrative Hearings" (77 Ill. Adm. Code 100).
AUTHORITY: Implementing and authorized by the Supportive Residences Licensing Act [210 ILCS 65].
SOURCE: Adopted at 17 Ill. Reg. 21807, effective December 1, 1993; amended at 26 Ill. Reg. 11990, effective July 31, 2002; Subchapter c recodified at 49 Ill. Reg. 2555.
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