# 77 Ill. Adm. Code 350.680: Section 350.680 Direct Support Persons (DSP)

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P350_S350_680

## Section

- **Citation:** 77 Ill. Adm. Code 350.680
- **Heading:** Section 350.680 Direct Support Persons (DSP)
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 77 PUBLIC HEALTH / CHAPTER I: DEPARTMENT OF PUBLIC HEALTH / Part 350 INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE / Section 350.680 Direct Support Persons (DSP)

## Text

Section 350
Section 350.680
Direct
Support Persons (DSP)
a)
A facility shall not employ an individual as a
nursing
assistant,
habilitation aide,
home health aide
, a
developmental disabilities aide, or a direct support person
, or newly hired
as an individual who may have access to a resident, a resident's living
quarters, or a resident's personal, financial, or medical records,
unless
the facility has checked the
Department's Health Care Worker Registry and
the individual is listed on the Health Care Worker Registry as eligible to work
for a health care employer.
The facility shall not employ an individual
as a nursing assistant, habilitation aide,
a developmental disabilities
aide, or a direct support person,
if that individual is not on the registry
unless the individual is enrolled in a training program under
Section 3-206
(a)(5) of the Act and Section 350.683.  (Section 3-206.01 of the Act)
b)         Each of the facility's DSPs shall comply with one of the
following conditions no later than 45 days after the date of initial employment:
1)         Is active on the Department's Health Care Worker Registry and
has met the training or equivalency requirements of Section 350.683.
2)
Begin
a current course of training for nursing
assistants or habilitation aides, approved by the Department within 45 days
after
initial employment
(see 77 Ill. Adm. Code 395).
The training shall be
successfully completed within 120 days after initial employment
, except as
provided in subsection (d).
Nursing assistants, habilitation aides, and
child care aides who are enrolled in approved courses in community colleges or
other educational institutions on a term, semester or trimester basis, shall be
exempt from the 120-day completion time limit
.  (Section 3-206(a)(5) of the
Act)
3)         Submits documentation pursuant to Section 350.683 to be placed
on the Health Care Worker Registry as a nursing assistant, habilitation aide, DSP,
or developmental disabilities aide
approved courses in community colleges or
other educational institutions on a term, semester or trimester basis, shall be
exempt from the 120-day completion time limit
.  (Section 3-206(a)(5) of the
Act)
3)         Submits documentation pursuant to Section 350.683 to be placed
on the Health Care Worker Registry as a nursing assistant, habilitation aide, DSP,
or developmental disabilities aide.
c)         Each person employed by the facility as a DSP or a
habilitation aide shall meet each of the following requirements:
1)
Be at least 16 years of age, of temperate habits and good
moral character, honest, reliable, and trustworthy.
(Section 3-206(a)(1) of
the Act)
2)
Be able to speak and understand the English language or a
language understood by a substantial percentage of the facility's residents.
(Section 3-206(a)(2) of the Act)
3)
Provide evidence of
prior
employment or occupation,
if any, and residence for two years prior to
present
employment.
(Section 3-206(a)(3) of the Act)
4)
Have completed at least eight years of grade school or
provide proof of equivalent knowledge.
(Section 3-206(a)(4) of the Act)
5)
Begin a current course of training for nursing assistants,
habilitation aides,
a developmental disabilities aide, or a direct support
person
, approved by the Department, within 45 days
after
initial
employment in the capacity of a nursing assistant, habilitation aide,
a
developmental disabilities aide, or a direct support person,
at any facility
.
The
courses of training shall be successfully completed within 120 days
after
initial employment in the capacity of nursing assistant, habilitation
aide,
a developmental disabilities aide, or a direct support person,
at
a facility, except that, during a statewide public health emergency, as defined
in the Illinois Emergency Management Agency Act, training shall be completed to
the extent feasible
.  (Section 3-206(a)(5) of the Act)
6)         Comply
with Section 395.150 of the Long-Term Care Assistants and Aides Training
Programs Code
n
aide,
a developmental disabilities aide, or a direct support person,
at
a facility, except that, during a statewide public health emergency, as defined
in the Illinois Emergency Management Agency Act, training shall be completed to
the extent feasible
.  (Section 3-206(a)(5) of the Act)
6)         Comply
with Section 395.150 of the Long-Term Care Assistants and Aides Training
Programs Code.
7)
Be
familiar with and have general skills related to resident care.
(Section
3-206(a)(6) of the Act)
8)
Perform
their duties under the supervision of a licensed nurse or other appropriately
trained, licensed, or certified personnel.
(Section 3-206(b) of the Act)
d)
Nursing assistants, habilitation aides
, developmentally
disabilities aides, or direct support persons
who are enrolled in approved
courses in community colleges or other educational institutions on a term,
semester or trimester basis, shall be exempt from the 120-day completion time
limit
.  (Section 3-206(a)(5) of the Act)
e)
Each facility shall certify
to the Department that
each
DSP and habilitation aide
subject to
Section 3-206 of the Act
meets
all the requirements of
the Act and this Section, and shall maintain
proof
of compliance by each employee with the requirements set out in this Section
shall be maintained for each such employee by each facility in the individual
personnel folder of the employee. Proof of training shall be obtained only from
the Health Care Worker Registry.  Each facility shall obtain access to the
Health Care Worker Registry's web application, maintain the employment and
demographic information relating to each employee, and verify by the category
and type of employment that each employee subject to this Section meets all the
requirements of
the Act and this Section
Proof of training shall be obtained only from
the Health Care Worker Registry.  Each facility shall obtain access to the
Health Care Worker Registry's web application, maintain the employment and
demographic information relating to each employee, and verify by the category
and type of employment that each employee subject to this Section meets all the
requirements of
the Act and this Section
.
(Section 3-206(d) and (e)
of the Act)
f)         During inspections of the facility and pursuant to Section
3-206(a)(5) of the Act, the Department may require DSPs to demonstrate
competency in the principles, techniques, and procedures covered by the DSP
training program curriculum described in 77 Ill. Adm. Code 395.320, when
possible problems in the care provided by DSPs or other evidences of inadequate
training are observed.  If the DSP fails to demonstrate competency, the
facility shall provide in-service training to the DSP.  The in-service training
shall address the DSP training principles, techniques, and procedures in which
the DSP is found to be deficient during inspection (see 77 Ill. Adm. Code 395).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P350_S350_680. Check the current official text before relying on it. Not legal advice.
