TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER c: 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 supportative 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.