TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 109 INDIVIDUALS ACCESS TO SERVICES

Section 109.10 Definitions

Section 109.20 Applicability

Section 109.30 Procedures

Section 109.40 Department Access to E-mails and Internet Communications

TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 109 INDIVIDUALS ACCESS TO SERVICES
SECTION 109.10 DEFINITIONS

 

Section 109.10  Definitions

 

“Computer programs” or “software” means instructions for the computer written generally in a machine language.

 

“CD-ROM” or “CD” means a compact computer memory storage device containing one or more computer programs that can be used by or installed onto a computer and which is removable.

 

“CPU” or “central processing unit” means the brains of the computer and physically consists of a large metal or plastic box.

 

“CRT” or “cathode ray tube” means one type of a computer monitor.

 

“Cyberstalking” means using electronic communication (such as a computer) to transmit a threat of bodily harm, sexual assault, confinement or restraint to a person, or place the person or his or her family member in reasonable apprehension of harm, sexual assault, confinement or restraint.

 

“EDP liaison” means the person designated by the facility to ensure computer software and hardware are compatible with DHS systems and requirements.  The EDP liaison serves as the liaison between the facility and the Bureau of Management Information Systems.

 

“Educational purposes” means enrollment in a degree program from an accredited school or a class offered by an accredited school or adult learning center approved by the individual’s treatment or interdisciplinary team.

 

“Employee”, for the purposes of this Part only, means any person providing services at the direction of the Administrator or Director, or Department Secretary, on- or off-site.  This includes payroll personnel, contractors, subcontractors, and volunteers.

 

“Facility” means a State-operated developmental disabilities or a State-operated mental health facility as defined by Sections 1-107 or 1-114 of the Mental Health and Developmental Disabilities Code [405 ILCS 5/1-107 and 1-114].

 

“Facility director” means the chief administrator of a facility or his or her designee.  At a mental health facility, the designee may be a hospital administrator, medical director, medical administrator, physician, clinical psychologist, clinical social worker, or registered nurse.  At a developmental disabilities facility, the designee may be any member of the center’s executive staff or the EDP liaison coordinator.

 

“Inappropriate use” means the use of a computer in violation of this Part or facility policy or to harass or otherwise harm another person.  Unless instructed otherwise by the court, it does not include using the computer to prepare for litigation to seek relief or against the Department.

 

“Individual” means a recipient of services as defined in Section 1-123 of the Mental Health and Developmental Disabilities Code [405 ILCS 5/1-123].

 

“Internet” or “World-wide web” means a method whereby two or more computers can interact.

 

“Laptop computer” means a portable computer that has all of the functions of a larger desktop computer.

 

“LCD” means liquid crystal display.

 

“Modem” means a device used to connect one computer to another or to the internet through telephone lines, radio frequencies, cable connections, or other means.

 

“Peripheral” means any device that is used in conjunction with a computer and includes, but is not limited to, printers, scanners, and disk drives.

 

“Printer” means a device that will put the information from a computer program on paper.

 

“Restriction” means limiting the individual’s use of a computer or access to specified software, up to and including denial to use a computer.

 

“Treatment or Interdisciplinary team” means the facility employees responsible for developing, implementing, and evaluating an individual’s programs and services.

TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 109 INDIVIDUALS ACCESS TO SERVICES
SECTION 109.20 APPLICABILITY

 

Section 109.20  Applicability

 

This Part shall apply to all facilities.

TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 109 INDIVIDUALS ACCESS TO SERVICES
SECTION 109.30 PROCEDURES

 

Section 109.30  Procedures

 

a)         General Provisions

 

1)         The facility director shall be responsible for implementing this Part.  He or she may restrict the possession or use of computers, peripherals, modems, CDs, disks, software, or other equipment used with the computer for all individuals in a facility, when necessary to protect an individual or others from harm, provided that notice of such restriction shall be given to all individuals upon admission. If it becomes necessary to restrict individuals who did not receive notice of the restriction upon admission, the professional responsible for overseeing implementation of an individual's services plan may, with the approval of the facility director, restrict the right to property when necessary to protect the individual or others from harm.

 

2)         Due to safety concerns raised by metal in the CPU or glass in the CRT monitors, the facility director may choose to limit the approved computers to laptop computers with LCD displays.  If the facility director limits the type of equipment to be used, he or she will ensure that information concerning these limitations is included in notices to employees and individuals.

 

3)         Except as provided in this Section, e-mail and internet use on State-owned computers by individuals is prohibited.  Facilities are not required to provide individuals with e-mail or internet access on State-owned computers.  Individuals may request to have e-mail and internet access for educational purposes only.  No other e-mail and internet related uses of State-owned computers by individuals are permitted.  The treatment or interdisciplinary team may deny the request if it determines that e-mail or internet access would be clinically inappropriate or that a restriction on e-mail or internet use is necessary to protect the individual or others from harm.  Behaviors such as issuing written and verbal threats, obtaining personal information about other persons in order to intimidate or harass them, obtaining information about making bombs and other weapons, cyberstalking, and planning escapes from facilities will result in denial of e-mail and internet access.

 

4)         If a facility prohibits possession of CDs by individuals while in the facility and an individual has an approved program on CD, the individual, under employee supervision, may load the program onto the computer after which the CD will be placed in personal storage until the individual is discharged.  The facility shall not provide any equipment to convert any program from one format (CD) to another (disk) (see subsection (a)(1)).

 

5)         The treatment or interdisciplinary team, with the approval of the facility director, may restrict an individual’s possession of computers, modems, or computer peripherals when necessary to protect the individual or others from harm.  Individuals wishing to purchase or obtain computers, modems, or computer peripherals for personal use must have prior approval from their case managers and the treatment team at a mental health facility or the interdisciplinary team and the EDP liaison at a developmental disabilities facility.  Individuals will be asked to sign the “Agreement for Use of Computers” form (IL 462-0190) documenting their understanding of the terms of use and their agreement to those terms.  Those terms may include restricting the use of the computer and any peripheral to non-treatment or habilitation time periods.  Any computer or computer peripheral received by an individual that has not been approved shall either be returned to the sender or placed in the individual’s personal property storage, at the individual’s choice.  The individual may elect to seek approval for the computer or peripheral.

 

6)         The treatment or interdisciplinary team, with the approval of the facility director, may restrict an individual’s possession or use of computer software when necessary to protect the individual or others from harm.  Individuals wishing to purchase or obtain computer software for personal use must have prior approval from their case managers and the treatment team at a mental health facility or the interdisciplinary team and the EDP liaison at a developmental disabilities facility.  Individuals will be asked to sign the “Agreement for Use of Computers” form (IL 462-0190) documenting their understanding of the terms of use and their agreement to those terms.  Any computer software received by an individual that has not been approved shall either be returned to the sender or placed in the individual’s personal property storage, at the individual’s choice.  The individual may elect to seek approval for the computer software.

 

b)         Individual Use

 

1)         If an individual wishes to use a computer and software, employees will inform the individual concerning the stipulations/terms under which a computer and software may be used.  The individual must sign the form attesting that he or she understands the terms of use and agrees to those terms.  If an individual has a guardian, the treatment or interdisciplinary team shall review the form with the individual and his or her guardian.  The guardian will also be asked to sign the agreement.  The treatment or interdisciplinary team may specify additional terms and conditions for use of a computer in the individual’s treatment or habilitation plan.

 

2)         If an individual is approved to use a computer, software that is approved includes the following:

 

A)        Operating system (i.e., DOS, Windows, OS2);

 

B)        Utility programs (virus checkers, file managers, defragmenters, scan disk);

 

C)        Word processing;

 

D)        Accessories (calculators, paintbrush, print programs);

 

E)        Games that the individual would be authorized to play on the unit, such as solitaire, card games, chess, checkers, various board games, or skills development games; and

 

F)         The treatment or interdisciplinary team must approve any additional programs that the individual wishes to use.  Any software in a factory-sealed container may be presumed to contain only the software that it indicates is included.

 

3)         The individual’s use of the computer will be determined based on clinical review and assessment, as well as the availability of space, the number of electrical outlets, and electrical devices.  No extension cords or devices that multiply the number of outlets, such as outlet strips, etc., are permitted.

 

4)         If an individual at a mental health facility uses a computer, any peripheral, power cord and/or other associated part in an attack or assault on another individual, employee, or visitor, the computer and all accompanying devices and equipment shall be confiscated and placed in personal property storage.  The “Notice Regarding Restricted Rights of Individuals” form (IL 462-2004M) will be completed according to facility procedure.  If an individual at a developmental disabilities facility uses a computer related item to harm or attempt to harm another person, the computer will be removed from the individual until the interdisciplinary team meets (within 3 working days) to determine the programmatic action warranted.  The “Notice Regarding Restriction of Rights of an Individual” form (IL 462-2004D) and SODC Operations “Supplemental Report On the Use of Restraints and/or Emergency Behavior Intervention Procedures” are to be completed if an individual’s computer is restricted and the forms processed in accordance with the developmental disabilities facility’s procedures for processing documents.

 

5)         If an individual inappropriately uses a computer, the treatment or interdisciplinary team may restrict his or her use of the computer until the treatment or interdisciplinary team meets to determine the programmatic action warranted.

 

6)         The treatment or interdisciplinary team shall keep a record of the equipment and software that each individual is authorized to use.  At least annually, there shall be an inventory of all individuals’ rooms to ensure compliance.  There may be random checks of what software is loaded onto each individual’s computer.  Any unauthorized software programs shall be deleted.  The continued presence of unauthorized software or providing software to other persons may result in the restriction of the use of the computer.

 

7)         Computers are approved for the individual’s personal use.  Allowing another individual to use a computer or using the computer to obtain personal gain from other individuals is a violation that can result in restrictions on the use of the computer.

 

c)         Use of Disks

 

1)         Individuals may purchase blank disks or software approved in accordance with subsections (b)(1) and (2) through a facility commissary or through the facility at a local store.  If individuals are sent blank disks or software approved in accordance with subsections (b)(1) and (2), they must be in a factory sealed container.  If they are not in a factory sealed container, they are to be treated as “computer disks from others” (see subsection (c)(3)).

 

2)         When an individual has been approved to use a computer, he or she may wish to send and receive correspondence from his or her attorney on computer disk.  The facility shall send a letter to the individual’s attorney explaining that correspondence may be sent to the individual on computer disk, provided the attorney certifies, with each computer disk, that it only contains documents relating to that legal representation.

 

3)         Computer disks coming to the individual shall be examined (except for disks sent to or from the individual’s attorneys) and the documents on some or all of the disks will be reviewed.  If unauthorized contraband material is present, those disks (and all other disks from that same person) could be restricted with the appropriate restriction of rights. Outgoing computer disks shall not be examined, impeded or censored unless the facility director makes an individual determination that it is necessary to protect the individual or others from harm, harassment or intimidation.

 

4)         For security reasons, the facility director may restrict all disks coming to or from persons or organizations outside the facility, except for those disks coming to or from attorneys corresponding with individuals.  The treatment or interdisciplinary team, with the facility director’s approval, may restrict disks coming to or from an individual when necessary to protect the individual or others from harm, except for those disks coming to or from the individual’s attorney.

TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 109 INDIVIDUALS ACCESS TO SERVICES
SECTION 109.40 DEPARTMENT ACCESS TO E-MAILS AND INTERNET COMMUNICATIONS

 

Section 109.40  Department Access to E-mails and Internet Communications

 

a)         Personal Information on Department Computers – The privacy of materials kept in electronic data storage, internet use, and electronic mail when using Department computers is not a right, nor is it guaranteed.  Most materials on Department systems are, by definition, public records.  As such, they are subject to laws and policies that may compel the Department to disclose them.

 

b)         Monitoring of Computer Use – The facility director shall ensure e-mail and internet use by individuals on all State-owned computers is monitored to ensure compliance with sanctioned uses.  Individuals using State-owned computers for sanctioned uses shall be informed, prior to use, that such use shall be monitored.  The Office of Management Information Systems (MIS) administers the Department’s information systems and data processing equipment.  MIS may monitor computer use and system accesses by any individual or organizational entity in DHS.  This includes the potential to monitor transaction executions, file accesses, communications such as e-mail and accesses of external resources such as the internet.

 

c)         Contents of E-mail – The contents of electronic messages may be seen by a system administrator in the course of routine maintenance or in order to dispose of undeliverable messages.  In addition, electronic mail systems store messages in files (e.g., the file containing a user’s inbound mail).  These files are copied in the course of system backups and these backup copies may be kept long after original messages are deleted.

 

d)         System Files and Logs – In the course of resolving system performance or security problems, system administrators may examine the contents of files that control the flow of tasks through the system or that grant unauthenticated access to other systems.  This includes systems logs that document activities of users.

AUTHORITY: Implementing Section 2-104 of the Mental Health and Developmental Disabilities Code [405 ILCS 5/2-104] and authorized by Section 5-104 of the Mental Health and Developmental Disabilities Code [405 ILCS 5/5-104] and by Section 5 of the Mental Health and Developmental Disabilities Administrative Act [20 ILCS 1705/5].
SOURCE: Adopted by emergency rulemaking at 28 Ill. Reg. 1006, effective December 26, 2003, for a maximum of 150 days; emergency expired May 23, 2004; adopted at 28 Ill. Reg. 7999, effective May 27, 2004.