# 77 Ill. Adm. Code 390.630: Section 390.630 Admission, Retention and Discharge Policies

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_630

## Section

- **Citation:** 77 Ill. Adm. Code 390.630
- **Heading:** Section 390.630 Admission, Retention and Discharge Policies
- **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 390 MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE / Section 390.630 Admission, Retention and Discharge Policies

## Text

Section 390
Section 390.630  Admission,
Retention and Discharge Policies
a)         The facility shall comply with Section 390.625 subsections (d)
through (j) for all new residents.  The facility shall review the results of
the criminal history background checks immediately upon receipt of these
checks.
b)         All involuntary discharges and transfers shall be in
accordance with Sections 3-401 through 3-423 of the Act.
c)         A facility shall admit only residents who have had a
comprehensive evaluation of their medical history and physical and
psycho/social factors conducted by an appropriately constituted
interdisciplinary team.  No resident determined by professional evaluation to
be in need of services not readily available in a particular facility shall be
admitted to or kept in that facility.  Additionally, emotional and cognitive
histories shall be evaluated when applicable and available.
d)         A facility shall be used exclusively for medically complex and
developmentally disabled persons ("medically complex" and "developmental
disability" are defined in Section 390.330), except when the facility's
interdisciplinary team has determined that either initial or continued
placement in the facility is appropriate because of the resident's physical and
mental functioning status, and that the facility has the service resources to
meet the needs of the resident.  The facility interdisciplinary team shall
further determine that placement shall not constitute a serious danger to the
other residents.
e)
A resident may be discharged from a facility after he or
she gives the administrator, a physician, or a nurse of the facility written
notice of his or her desire to be discharged.  If a guardian has been appointed
for a resident or if the resident is a minor, the resident shall be discharged
upon written consent of his or her guardian or if the resident is a minor, his
or her parent unless there is a court order to the contrary
facility after he or
she gives the administrator, a physician, or a nurse of the facility written
notice of his or her desire to be discharged.  If a guardian has been appointed
for a resident or if the resident is a minor, the resident shall be discharged
upon written consent of his or her guardian or if the resident is a minor, his
or her parent unless there is a court order to the contrary.
(Section
2-111 of the Act)
f)         If a resident insists on being discharged and is discharged
against medical advice, the facts involved in the situation shall be fully
documented in the resident's clinical record.
g)         No resident shall be discharged without the concurrence of the
attending physician.  If this approval is given, the facility shall have the right
to discharge or transfer a resident to an appropriate resource in accordance
with Sections 3-401 through 3-423 of the Act.
h)         A facility shall not admit more residents than the number
authorized by the license issued to it.
i)
Upon a finding by the Department that there has been a
substantial failure to comply with
the
Act
and Section 390.165,
including,
without limitation, the circumstances set forth in subsection (a) of Section
3-119 of
the
Act, or if the Department otherwise finds it would be in
the public interest or the interest of the health, safety, and welfare of
facility residents, the Department may
impose a ban on new admissions to
any facility licensed under
the
Act.  The ban shall continue until the
Department determines that the circumstances giving rise to the ban no longer
exist.
(Section 3-119.1(a) of the Act)
j)
The Department
will
provide notice to the facility
and licensee of any ban imposed pursuant to
subsection (h)
and Section 390.165.
The notice shall provide
clear and concise statements of the circumstances on which the ban on new
admissions is based and notice of the opportunity for a hearing
ines that the circumstances giving rise to the ban no longer
exist.
(Section 3-119.1(a) of the Act)
j)
The Department
will
provide notice to the facility
and licensee of any ban imposed pursuant to
subsection (h)
and Section 390.165.
The notice shall provide
clear and concise statements of the circumstances on which the ban on new
admissions is based and notice of the opportunity for a hearing.
(Section
3-119.1(b) of the Act)
k)
If the Department finds that the public interest or the
health, safety, or welfare of facility residents imperatively requires
immediate action and if the Department incorporates a finding to that effect in
its notice
per subsection (h),
then the ban on new admissions may be
ordered pending any hearing requested by the facility.
(Section 3-119.1(b)
of the Act)
l)          No identified offender shall be admitted to or kept in the
facility, unless the requirements of Section 390.625(d) through (j) for new
admissions and the requirements of Section 390.635 are met.

## Nearby sections

- [77 Ill. Adm. Code 390.610 Section 390.610  Management Policies](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_610.md)
- [77 Ill. Adm. Code 390.620 Section 390.620  Resident Care Policies](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_620.md)
- [77 Ill. Adm. Code 390.625 Section 390.625  Determination of Need Screening and Request for Criminal History Record Information](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_625.md)
- [77 Ill. Adm. Code 390.626 Section 390.626  Criminal History Background Checks for Persons Who Were Residents on January 1, 2022](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_626.md)
- [77 Ill. Adm. Code 390.630 Section 390.630  Admission, Retention and Discharge Policies](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_630.md)
- [77 Ill. Adm. Code 390.635 Section 390.635  Identified Offenders](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_635.md)
- [77 Ill. Adm. Code 390.636 Section 390.636  Discharge Planning for Identified Offenders](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_636.md)
- [77 Ill. Adm. Code 390.637 Section 390.637  Transfer of an Identified Offender](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_637.md)
- [77 Ill. Adm. Code 390.640 Section 390.640  Contract Between Resident and Facility](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_640.md)
- [77 Ill. Adm. Code 390.650 Section 390.650  Residents' Advisory Council](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_650.md)
- [77 Ill. Adm. Code 390.660 Section 390.660  General Policies](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_660.md)
- [77 Ill. Adm. Code 390.670 Section 390.670  Personnel Policies](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_670.md)
- [77 Ill. Adm. Code 390.675 Section 390.675  Initial Health Evaluation for Employees](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_675.md)
- [77 Ill. Adm. Code 390.680 Section 390.680  Direct Support Persons](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_680.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P390_S390_630. Check the current official text before relying on it. Not legal advice.