Section 370.240 Definitions

Section 370

Section 370.240  Definitions

Each definition is considered to

be a separate rule, but they are not given individual numbers because they are

listed alphabetically, and numbers would have to be changed each time a new

definition was added or deleted.

"Abuse" – as defined by The Abused and Neglected Long Term Care

Facility Residents Reporting Act (Ill. Rev. Stat., ch. 111½, par. 4163).

"Access" – the right to:

Enter any facility;

Communicate privately and without restriction with any resident who

consents to the communication;

Seek consent to communicate privately and without restriction with any

resident;

Inspect the clinical and other records of a resident with the express

written consent of the resident;

Observe all areas of the facility except the living area of any resident

who protests the observation.

"Act"

– as used in these standards, the "Community Living Facilities Licensing

Act."

"Activity

Program" – a specific planned program of varied group and individual

activities geared to the individual resident's needs and available for a

reasonable number of hours each day.

"Adaptive

Behavior" – the effectiveness or degree with which the individual meets

the standards of personal independence and social responsibility expected of

his/her age and cultural group.

"Addition"

– any construction attached to the original building which increases the area

or cubic content of the building.

"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 residents of a facility under the particular set of

circumstances in existence at the time of review.

"Adult"

– A person eighteen (18) years or older.

"Advocate"

– a person who represents the rights and interests of an individual as though

they were the person's own, in order to realize the rights to which the

individual is entitled, obtain needed services, and remove barriers to meeting

the individual's needs

lity under the particular set of

circumstances in existence at the time of review.

"Adult"

– A person eighteen (18) years or older.

"Advocate"

– a person who represents the rights and interests of an individual as though

they were the person's own, in order to realize the rights to which the

individual is entitled, obtain needed services, and remove barriers to meeting

the individual's needs.

"Aide or

Orderly" – any person providing direct personal care, training and/or

habilitation services to residents.

"Alteration"

– any construction change or modification of an existing building which does

not increase the area or cubic content of the building.

"Ambulatory

Resident" – a person who is physically and mentally capable of walking

without assistance, or is physically able with guidance to do so, including the

ascent and descent of stairs.

"Applicant"

– Any person, agency, association, corporation, partnership or organization

making application for a license.

"Appropriate

Programming" – term used to indicate programming which meets each

resident's individual needs commensurate with his functioning level.

"Assessment"

– the use of an objective system with which to evaluate the physical, social,

developmental, behavioral, psychosocial, etc., aspects of an individual.

"Audiologist"

– a person who is certified or is eligible for a certificate of clinical

competence in audiology granted by the American Speech and Hearing Association

under its requirements in effect on the publication of this provision or meets

the educational requirements for certification, and is in the process of

accumulating the supervised experience required for certification.

"Basement"

– when used in these regulations means any story or floor level below the main

or street floor.  Where due to grade difference, there are two levels each

qualifying as a street floor, a basement is any floor below the level of the

two street floors.  Basements shall not be counted in determining the height of

a building in stories

e supervised experience required for certification.

"Basement"

– when used in these regulations means any story or floor level below the main

or street floor.  Where due to grade difference, there are two levels each

qualifying as a street floor, a basement is any floor below the level of the

two street floors.  Basements shall not be counted in determining the height of

a building in stories.

"Behavior

Modification" – treatment to be used to establish or change behavior

patterns.

"Community

Alternatives" – service programs in the community provided as an

alternative to institutionalization.

"Community

Living Facility" – see Facility, Community Living.

"Corporal

Punishment"-painful stimuli inflicted directly upon the body.

"Cruelty

and Indifference to Welfare of the Resident"-failure to provide a resident

with the care and supervision he requires; or, the infliction of mental or

physical abuse.  Examples of physical abuse are restraining a resident,

striking, slapping, hitting, or withholding food as punishment. Examples of

mental abuse are swearing, threatening and placing the resident in seclusion.

"Department"

– as used in these standards means the Illinois Department of Public Health.

"Developmental

Disability" – as defined by Ill. Rev. Stat. 1979, ch. 91 1/2, par. 1-106,

as amended.

"Developmentally

Disabled" – those individuals who have a developmental disability.

"Dietitian"

– a person who:

is eligible

for registration by the American Dietetic Association; or

has a

baccalaureate degree with major studies in food and nutrition, dietetics, and

food service management, has one (1) year of supervisory experience in the

dietetic service of a health care institution, and participates annually in

continuing dietetic education

ave a developmental disability.

"Dietitian"

– a person who:

is eligible

for registration by the American Dietetic Association; or

has a

baccalaureate degree with major studies in food and nutrition, dietetics, and

food service management, has one (1) year of supervisory experience in the

dietetic service of a health care institution, and participates annually in

continuing dietetic education.

"Direct

Supervision" – means that work is performed under the guidance and

direction of a supervisor who is responsible for the work, who plans work and

methods, who is available on short notice to answer questions and deal with

problems that are not strictly routine, who regularly reviews the work

performed, and who is accountable for the results.

"Director"

– the director of public health.

"Discharge"

– the full release of any resident from a facility.

"Emergency"

– a situation, physical condition or one or more practices, methods or

operations which present imminent danger of death or serious physical or mental

harm to residents of a facility.

Existing

Community Living Facility – any facility initially licensed as a health care

facility or approved for construction by the Department or any facility

initially licensed or operated by any other agency of the State of Illinois

prior to January 1, 1982.  Existing facilities shall meet the design and

construction standards for existing Community Living Facilities.

"Facility,

Community Living" – a transitional residential setting which provides

guidance, supervision, training and other assistance to ambulatory, mildly and

moderately developmentally disabled adults with the goal of eventually moving

these persons to more independent living arrangements. Residents are required

to participate in day activities, such as vocational training, sheltered

workshops or regulate employment

g" – a transitional residential setting which provides

guidance, supervision, training and other assistance to ambulatory, mildly and

moderately developmentally disabled adults with the goal of eventually moving

these persons to more independent living arrangements. Residents are required

to participate in day activities, such as vocational training, sheltered

workshops or regulate employment. A community living facility shall not be a

nursing or medical facility and shall house no more than 20 residents,

excluding staff,

except as provided for in Section 18 of the

"Community Living Facilities Licensing Act," approved September 23,

1981, as amended by Public Act 82-745.

"Financial

Responsibility" – sufficient assets to provide adequate services such as:

staff, heat, laundry, foods, supplies, and utilities for at least a two (2)

month period of time.

"Food

Service Sanitation Rules and Regulations" – The following definitions are

to be used with the "Rules and Regulations for Food Service

Sanitation" (77 Ill. Adm. Code 750) as contained in Section 370.1460 of

this Part.

"Closed"

means without openings large enough for the entrance of insects.  An opening of

1

/

32

inch or less is closed.

"Corrosion-resistant

materials" means those materials that maintain their original surface

characteristics under prolonged influence of the food to be contacted, the

normal use of cleaning compounds and bactericidal solutions, and other

conditions of the use environment.

"Easily

cleanable" means that surfaces are readily accessible and made of such

material and finish and so fabricated that residue may be effectively removed

by normal cleaning methods.

"Equipment"

means stoves, ranges, hoods, slicers, mixers, meatblocks, tables, counters,

refrigerators, sinks, dishwashing machines, steam tables, and similar items

other than utensils, used in the operation of a food service establishment

t surfaces are readily accessible and made of such

material and finish and so fabricated that residue may be effectively removed

by normal cleaning methods.

"Equipment"

means stoves, ranges, hoods, slicers, mixers, meatblocks, tables, counters,

refrigerators, sinks, dishwashing machines, steam tables, and similar items

other than utensils, used in the operation of a food service establishment.

"Food"

means any raw, cooked, or processed edible substance, beverage or ingredients

including ice used or intended for use or for sale in whole or in part for

human consumption.

"Food

contact surfaces" means those surfaces or equipment and utensils with

which food normally comes in contact and those surfaces with which food may

come in contact and drain back into food or onto surfaces normally in contact

with food.

"Kitchenware"

means all multi-use utensils other than tableware.

"Packaged"

means bottled, canned, cartoned, or securely wrapped.

"Potentially

hazardous food" means 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, and which is capable of

supporting rapid progressive growth of infectious or toxigenic microorganisms.

This term does not include clean, whole, uncracked, odor-free shell eggs.

"Safe"

means materials manufactured from or composed of materials that are not food

additives or color additives as defined in Section 201(s) or (t) of the

"Federal Food, Drug and Cosmetic Act" (21 U.S.C. 352 et seq.) as

used, or are food additives or color additives so defined and are used in

conformity with regulations established pursuant to Section 409 or Section 706

of that Act.

"Sealed"

means free of cracks or other openings that permit the entry or passage of

moisture

dditives or color additives as defined in Section 201(s) or (t) of the

"Federal Food, Drug and Cosmetic Act" (21 U.S.C. 352 et seq.) as

used, or are food additives or color additives so defined and are used in

conformity with regulations established pursuant to Section 409 or Section 706

of that Act.

"Sealed"

means free of cracks or other openings that permit the entry or passage of

moisture.

"Single

service articles" means cups, containers, lids, closures, plates, knives,

forks, spoons, stirrers, paddles, straws, napkins, wrapping materials,

toothpicks, and similar articles designed for one-time, one-person use and then

discarded.

"Tableware"

means multi-use eating and drinking utensils used or designed for direct use by

the food consumer.

"Utensil"

means any implement (knives, forks, spoons, tongs, spatulas, scoops, pots and

pans, etc.) used in the storage, preparation, transportation, or service of

food.

"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.

"Habilitation"

– an effort directed toward the alleviation of a disability or toward

increasing a person's level of physical, mental, social or economic

functioning. Habilitation may include, but is not limited to, diagnosis,

evaluation, medical services, residential care, day care, special living

arrangements, training, education, sheltered employment, protective services,

counseling and other services.

"Habilitation

Plan" – a written plan directed toward the alleviation of a disability or

toward increasing a person's level of physical, mental, social or economic

functioning.

"House

Manager" – a qualified person on duty forty (40) hours a week managing the

Community Living Facility and responsible for its operation and its

inhabitants

nt, protective services,

counseling and other services.

"Habilitation

Plan" – a written plan directed toward the alleviation of a disability or

toward increasing a person's level of physical, mental, social or economic

functioning.

"House

Manager" – a qualified person on duty forty (40) hours a week managing the

Community Living Facility and responsible for its operation and its

inhabitants.

"Individual

Educational Program (IEP)" – a written statement for each resident that

provides for specific education and related services.  The Individual

Educational Program may be incorporated into the Individual Habilitation Plan

(IHP).

"Individual

Habilitation Plan (IHP)" – a total plan of care that is developed by the

interdisciplinary team for each resident, and that is developed on the basis of

all assessment results.

"Institutional

Occupancy" – when used in these regulations means Health Care Facilities,

Group (a), as defined in Chapter 10, paragraph 10-0001 of the Life Safety Code,

National Fire Protection Association (1967 Edition).

"License"

– either probationary or regular as defined in the "Community Living

Facilities Licensing Act."

"Licensed

Practical Nurse" – a person who is licensed to practice practical nursing

under the "Illinois Nursing Act," as now or hereafter amended.

"Licensee"

– A person, agency, association, corporation, partnership, or organization

which has been issued a license to operate a community living facility.

"Maladaptive

Behavior" – impairment in adaptive behavior as determined by a clinical

psychologist or by a physician. Impaired adaptive behavior may be reflected in

delayed maturation, reduced learning ability or inadequate social adjustment.

"Mental

Retardation" – as defined by Ill. Rev. Stat. 1979, ch. 91½, par. 1-116

on

which has been issued a license to operate a community living facility.

"Maladaptive

Behavior" – impairment in adaptive behavior as determined by a clinical

psychologist or by a physician. Impaired adaptive behavior may be reflected in

delayed maturation, reduced learning ability or inadequate social adjustment.

"Mental

Retardation" – as defined by Ill. Rev. Stat. 1979, ch. 91½, par. 1-116.

"Misappropriation

of Property" – using a resident's cash, clothing, or other possessions

without authorization by the resident or the resident's authorized

representative; failure to return valuables after a resident's discharge; or

failure to refund money after death or discharge when there is an unused

balance in the resident's personal account.

"Neglect"

– as defined by Ill. Rev. Stat., ch. 111½, par. 4163.

"New Community

Living Facility" – any facility initially licensed as a health care

facility by the Department on or after January 1, 1982.  New facilities shall

meet the design and construction standards for new Community Living Facilities.

"Normalization"

– the principle of helping individuals to obtain an existence as close to

normal as possible, by making available to them patterns and conditions of

everyday life that are as close as possible to the norms and patterns of the

mainstream of society.

"Nurse"

– see Registered Nurse or Licensed Practical Nurse.

"Objective"

– an expected result or condition that involves a relatively short period of

time to achieve, that is specified in behavioral terms, and that is related to

the achievement of a goal.

"Occupational

Therapist, Registered (OTR)" – a person who:  is a graduate of an

occupational therapy curriculum accredited jointly by the Council on Medical

Education of the American Medical Association and the American Occupational

Therapy Association; or is eligible for certification by the American

Occupational Therapy Association

l terms, and that is related to

the achievement of a goal.

"Occupational

Therapist, Registered (OTR)" – a person who:  is a graduate of an

occupational therapy curriculum accredited jointly by the Council on Medical

Education of the American Medical Association and the American Occupational

Therapy Association; or is eligible for certification by the American

Occupational Therapy Association.

"Occupational

Therapy Assistant" – a person who is eligible for certification as a

certified occupational therapy assistant (COTA) by the American Occupational

Therapy Association.

"Operator"

– the person responsible for the control, maintenance and governance of the

facility, its personnel and physical plant.

"Oversight"

– general watchfulness and appropriate action to meet the total needs of the

residents, exclusive of nursing or personal care.  Oversight shall include, but

is not limited to, social, recreational and employment opportunities for

residents who, by reason of mental disability, or in the opinion of a licensed

physician, are in need of residential care.

"Owner"

– the individual, partnership, corporation, association or other person who

owns a facility.  In the event a facility is operated by a person who leases

the physical plant, which is owned by another person, "Owner" means

the person who operates the facility, except that if the person who owns the

physical plant is an affiliate of the person who operates the facility and has

significant control over the day-to-day operations of the facility, the person

who owns the physical plant shall incur jointly and severally with the owner

all liabilities imposed on an owner under the Act.

"Person"

– any individual, partnership, corporation, association, municipality,

political subdivision, trust, estate or other legal entity whatsoever

rson who operates the facility and has

significant control over the day-to-day operations of the facility, the person

who owns the physical plant shall incur jointly and severally with the owner

all liabilities imposed on an owner under the Act.

"Person"

– any individual, partnership, corporation, association, municipality,

political subdivision, trust, estate or other legal entity whatsoever.

"Person

in Need of Mental Treatment" – any person who is mentally ill and who,

because of his or her illness, is reasonably expected to inflict serious

physical harm upon him or herself or another in the near future or is unable to

provide for his or her basic physical needs so as to guard him or herself from

serious harm.

"Personal

Care" – assistance with meals, dressing, movement, bathing, or other

personal needs, or general supervision and oversight of the physical and mental

well-being of an individual, exclusive of nursing.

"Pharmacist,

Registered" – a person who is registered to practice pharmacy under the

"Pharmacy Practice Act" (Ill. Rev. Stat. 1979  ch. 111, par. 4001 et

seq.) as now or hereafter amended.

"Physician"

– any person licensed by the State of Illinois to practice medicine in all its

branches as provided in the "Medical Practice Act" (Ill. Rev. Stat.

1979, ch. 111, pars. 4401 et seq.).

"Probationary

License" – an initial license issued for a period not to exceed six (6)

months.

"Program

Coordinator" – a qualified person directly responsible for the overall

program, operation and management of a Community Living Facility.

"Psychiatrist"

– a physician who has had at least three (3) years of formal training or

primary experience in the diagnosis and treatment of mental illness.

"Psychologist"

– a person who is registered with the Illinois Department of Registration and

Education to practice clinical psychology

directly responsible for the overall

program, operation and management of a Community Living Facility.

"Psychiatrist"

– a physician who has had at least three (3) years of formal training or

primary experience in the diagnosis and treatment of mental illness.

"Psychologist"

– a person who is registered with the Illinois Department of Registration and

Education to practice clinical psychology.

"Qualified

Mental Retardation Professional" – a person who is:

•           an educator with a degree in education from an accredited

program and with specialized training or one (1) year of experience in working

with the mentally retarded; or

•           a physical or occupational therapist who has specialized training

or one (1) year of experience in treating the mentally retarded; or

•           a physician licensed by the State of Illinois to practice

medicine or osteopathy and with specialized training or one (1) year of

experience in treating the mentally retarded; or .  a psychologist registered

with the State of Illinois Department of Registration and Education in

accordance with the "Psychologist's Registration Act" (Ill. Rev.

Stat. 1979, ch. 111, pars. 5301 et seq.) and with specialized training or one (1)

year of experience in treating the mentally retarded; or

•           a registered nurse with a valid current Illinois registration

to practice as a registered professional nurse who has specialized training or

one (1) year of experience in treating the mentally retarded; or

•           a speech pathologist or audiologist who has specialized

training or one (1) year of experience in treating the mentally retarded; or

•           a registered social worker with a Bachelor's Degree in social

work from an accredited program, or a Bachelor's Degree in a field other than

social work and at least three (3) years social work experience under the

supervision of a qualified social worker, and with specialized training or with

one (1) year of experience in working with the mentally retarded; or

•

retarded; or

•           a registered social worker with a Bachelor's Degree in social

work from an accredited program, or a Bachelor's Degree in a field other than

social work and at least three (3) years social work experience under the

supervision of a qualified social worker, and with specialized training or with

one (1) year of experience in working with the mentally retarded; or

•           a therapeutic recreation specialist who is a graduate of an

accredited program and eligible for registration in the National Therapeutic

Recreation Society, and who has specialized training or one (1) year experience

in working with the mentally retarded; or

•           a rehabilitation counselor who is certified by the Commission

on Rehabilitation Counselor Certification and who has specialized training or

one (1) year of experience in treating the mentally retarded.

"Registered

Nurse" – a person who is licensed to practice nursing under the

"Illinois Nursing Act" (Ill. Rev. Stat. 1979, ch. 111, pars. 3401 et

seq.) as now or hereafter amended.

"Reputable

Moral Character" – having no history of a conviction of the applicant, or

if the applicant is a firm, partnership, or association, of any of its members,

or of a corporation, of any of its officers, or directors, or of the person

designated to manage or supervise the facility, of a felony, or of two (2) or

more misdemeanors involving moral turpitude, as shown by a certified copy of

the record of the court of conviction, or in the case of the conviction of a

misdemeanor by a court not of record, as shown by other evidence; or other

satisfactory evidence that the moral character of the applicant, or manager, or

supervisor of the facility is not reputable.

"Resident"

– a person residing in a community living facility

volving moral turpitude, as shown by a certified copy of

the record of the court of conviction, or in the case of the conviction of a

misdemeanor by a court not of record, as shown by other evidence; or other

satisfactory evidence that the moral character of the applicant, or manager, or

supervisor of the facility is not reputable.

"Resident"

– a person residing in a community living facility.

"Resident's

Representative" – a person other than the owner, or an agent or employee

of a facility not related to the resident, designated in writing by a resident

to be his representative, or the resident's guardian, or the parent of a minor

resident for whom no guardian has been appointed.

"Restraint

of a Resident" – the application of a device 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.

"Seclusion"

– the retention of a resident in a room which he cannot open.

"Self

Preservation" – the ability to follow directions and/or recognize

impending danger or emergency situations and react by avoiding or leaving the

unsafe area.

"Sheltered

care" – maintenance and personal care.

"Social

Worker, Qualified" – a person who:

is licensed by

the State of Illinois (registered or certified by the Illinois Department of

Registration and Education); and

is a graduate

of a school of social work which has been approved by the Council on Social

Work Education (some schools are approved for Bachelor's Degree programs and

others for Master's Degree programs); and has one (1) year of social work

experience in a health care setting.

"State Fire

Marshal" – the Fire Marshal of the Office of the State Fire Marshal,

Division of Fire Prevention

n); and

is a graduate

of a school of social work which has been approved by the Council on Social

Work Education (some schools are approved for Bachelor's Degree programs and

others for Master's Degree programs); and has one (1) year of social work

experience in a health care setting.

"State Fire

Marshal" – the Fire Marshal of the Office of the State Fire Marshal,

Division of Fire Prevention.

"Story"

– when used in these regulations means that portion of a building between the

upper surface of any floor and the upper surface of the floor above except that

the topmost story shall be the portion of a building between the upper surface

of the topmost floor and the upper surface of the roof above.

"Sufficient"

– same as Adequate

"Supervision"

– authoritative procedural guidance by a qualified person for the

accomplishment of a function or activity within his/her sphere of competence,

with initial direction and periodic inspection of the actual act of

accomplishing the function or activity.  Unless otherwise stated in

regulations, the supervisor must be on the premises if the person does not meet

assistant level (two (2) year training program) qualifications specified in

these definitions.

"Support

Services" – those services provided to residents in order to facilitate

their integration into the community and to improve their level of functioning,

independence, and self-respect.

"Therapeutic

Recreation Specialist" – a person who is registered with the National

Therapeutic Recreation Society and who meets the minimum standards it has

established for classification as a Therapeutic Recreation Specialist.

"Time

Out" – removing an individual from a situation that results in undesirable

behavior.  It is a behavior modification procedure which is developed and

implemented under the supervision of a qualified professional.

"Transfer"

– a change in status of a resident's living arrangements from one facility to

another facility

established for classification as a Therapeutic Recreation Specialist.

"Time

Out" – removing an individual from a situation that results in undesirable

behavior.  It is a behavior modification procedure which is developed and

implemented under the supervision of a qualified professional.

"Transfer"

– a change in status of a resident's living arrangements from one facility to

another facility.

"Valid License" – a license which is unsuspended, unrevoked and

unexpired.