(210 ILCS 45/2-204)
(from Ch. 111 1/2, par. 4152-204)
The Director shall appoint a Long-Term Care Facility Advisory
Board to consult with the Department and the residents' advisory councils
created under Section 2-203.
(a) The Board shall be comprised of the following persons:
(1) The Director who shall serve as chairman, ex
officio and nonvoting; and
(2) One representative each of the Department of
Healthcare and Family Services, the Department of Human Services, the Department on Aging, and the Office of the State Fire Marshal, all nonvoting members;
(2.5) One member who represents local health
departments who is a nonvoting member;
(3) One member who shall be a physician licensed to
practice medicine in all its branches;
(4) One member who shall be a registered nurse
selected from the recommendations of professional nursing associations;
(5) Four members who shall be selected from the
recommendations by organizations whose membership consists of facilities;
(6) Two members who shall represent the general
public who are not members of a residents' advisory council established under Section 2-203 and who have no responsibility for management or formation of policy or financial interest in a facility;
(7) One member who is a member of a residents'
advisory council established under Section 2-203 and is capable of actively participating on the Board; and
(8) One member who shall be selected from the
recommendations of consumer organizations which engage solely in advocacy or legal representation on behalf of residents and their immediate families.
(b) The terms of those members of the Board appointed prior to the
effective date of this amendatory Act of 1988 shall expire on December 31,
1988. Members of the Board created by this amendatory Act of 1988 shall be
appointed to serve for terms as follows: 3 for 2 years, 3 for 3 years
and 3 for 4 years. The member of the Board added by this amendatory Act
of 1989 shall be appointed to serve for a term of 4 years. Each successor
member shall be appointed for a term of 4 years. Any member appointed to fill
a vacancy occurring prior to the expiration of the term for which his
predecessor was appointed shall be appointed for the remainder of such term.
The Board shall meet as frequently as the chairman deems necessary, but not
less than 4 times each year. Upon request by 4 or more members the chairman
shall call a meeting of the Board. The affirmative vote of 6 members of the
Board shall be necessary for Board action. A member of the Board can designate
a replacement to serve at the Board meeting and vote in place of the member by
submitting a letter of designation to the chairman prior to or at the
Board meeting. The Board members shall be reimbursed for their actual
expenses incurred in the performance of their duties.
(c) The Advisory Board shall advise the Department of Public Health on
all aspects of its responsibilities under this Act and the Specialized Mental Health Rehabilitation Act of 2013, including the format
and content of any rules promulgated by the Department of Public Health.
Any such rules, except emergency rules promulgated pursuant to Section 5-45 of
the Illinois Administrative Procedure Act, promulgated without
obtaining the advice of the Advisory Board are null and void. In the event
that the Department fails to follow the advice of the Board, the Department
shall, prior to the promulgation of such rules, transmit a written explanation
of the reason thereof to the Board. During its review of rules, the Board
shall analyze the economic and regulatory impact of those rules. If the
Advisory Board, having been asked for its advice, fails to advise the
Department within 90 days, the rules shall be considered acted upon.
(Source: P.A. 102-432, eff. 8-20-21.)