Current through Register Vol. 47, No. 52, December 29, 2023
a) Site visitations
1) The Department may provide visiting
privileges to voluntary organizations that wish to review living conditions and
the nature of publicly-sponsored services.
2) Voluntary organizations shall request
authorization for visiting privileges in writing. The request shall be made to
the Assistant Associate Director of the Office of Mental Health or the
Assistant Associate Director of SODC Operations, as appropriate and shall
specify the center/program to be visited. If the organization agrees to the
conditions set out in subsection (a)(2)(A) of this Section, the request shall
contain those agreements.
A) The Assistant
Associate Director shall authorize an organization to make visits to one or
more centers/programs for a period of one year if:
i) The organization agrees that its visits
will not interfere with the center's/program's treatment or habilitation
programs;
ii) The organization
agrees to abide by the provisions of the Mental Health and Developmental
Disabilities Confidentiality Act (Confidentiality Act) [740 ILCS 110 ]
concerning records and communications of individuals served; and
iii) The organization provides evidence that
volunteers have received training on the topics specified in subsection (a)(3)
of this Section within 12 months prior to the date of the application for
authorization. Such evidence shall, at a minimum, include a list of the
training sessions and instructors and any documents distributed as part of the
training session.
B) The
Assistant Associate Director shall revoke his or her authorization or not renew
the authorization if he or she has information that the organization has not
abided by the conditions set out in subsection (a)(2)(A) or complied with the
requirements of this Section. Any person having information that the
organization has not abided by the conditions or complied with the requirements
shall submit that information in writing to the appropriate Assistant Associate
Director's office. Within 30 calendar days after the receipt of such
information, the Assistant Associate Director shall decide whether to revoke or
renew the authorization.
C) When
the Assistant Associate Director denies, revokes or does not renew an
authorization, he or she shall send written notice of the decision to the
agency within 30 calendar days after receipt of the application or receipt of
information as set out in subsection (a)(2)(B) of this Section. The notice
shall include the appeal procedure and time in which the agency must
appeal.
D) Any organization whose
authorization has been revoked or not renewed may appeal the decision within 30
calendar days after receiving the notice. The organization must submit its
request for review in writing to the Secretary, and may submit any other
documents in support of its appeal with the request for review. The Secretary
shall review the decision and the documents and accept or reverse the decision
within 30 calendar days. The Secretary shall uphold the decision if he or she
finds that the organization has not abided by the agreements as set out in
subsection (a)(2)(A) of this Section or complied with the requirements of
subsection (a) of this Section.
3) Organization site visits shall be
conducted in a manner that is consistent with center/program operating needs in
compliance with the Confidentiality Act and be authorized by the Assistant
Associate Director of the Office of Mental Health or the Assistant Associate
Director of SODC Operations, as appropriate to the center/program. Disruption
of individuals and their programs shall be minimized. Except as set by prior
agreement with the appropriate Assistant Associate Director, visitation groups
shall not exceed five persons on a given unit on any one day. The Assistant
Associate Director shall allow more than five persons on a unit if, after
consulting with the Director or Administrator, he or she determines that the
proposed number of visitors would not interfere with the center's/program's
treatment or habilitation plans and would not violate the individuals' privacy.
Directors or Administrators who receive requests for visitation privileges
shall either forward them to the Assistant Associate Director or advise the
organization to send a written request to the Assistant Associate Director. The
purpose of the authorization process is to ensure that organization members
have received training and orientation concerning the Department's service
delivery system with a focus on mental health services and/or developmental
disability services, advocacy services, and legal issues such as the rights of
individuals and confidentiality. The Assistant Associate Director shall
distribute to centers/programs a listing of organizations that are authorized
to conduct site visits. Although visitation privileges shall be authorized
annually, organizations meeting the standards of this subsection (a) (3) may be
included in the listing at any time during the year.
4) Site visits shall be announced 48 hours in
advance to the Director or Administrator and shall occur between 9:00 a.m. and
9:00 p.m. Following two scheduled visits to any center/program, voluntary
organizations may make unannounced visits to any center/program.
5) Before conducting any site visit,
organization visitors shall report their presence to the Director or
Administrator or the unit administrator on duty, who shall confirm the
visitors' identity and authorization and make available a staff member to
escort the visitors. All organization visitor's must produce a valid photo
identification, such as a driver's license, passport, identification card
issued by the Secretary of State to non-drivers, student identification or
identification card issued by the visitor's organization or employer before the
visitor will be permitted to enter the unit.
6) All visitation activities shall conform to
the Confidentiality Act. Clinical records of individuals shall be examined
during site visits only in accordance with the Confidentiality Act. During the
visit, visitors may request and receive verbal authorization from individuals
for interviews with the individuals. If center/program staff are to be included
in the interviews or are to be questioned separately in regard to a specific
individual, a written consent for release of information shall be obtained from
that individual prior to or during the visit. The release shall be filed in the
individual's clinical record. Unless a release is obtained, center/program
staff shall not participate in the interview or respond to such
questions.
7) Authorized visitors
shall be permitted access to individuals' living units and program areas,
except when, in the Director's, Administrator's or Unit Administrator's
clinical judgment, such access poses a threat to their or the individuals'
security, or constitutes an interference with individuals' programming. Before
visitors are permitted access to living units or program areas, the Director or
Administrator shall give individuals advance notice. Before inspecting an
individual's room, visitors shall obtain the individual's written or verbal
permission. The center/program staff member shall document the verbal
permission or receive the written permission and file it in the individual's
clinical record.
8) The
organization shall provide a written report of its findings to the Director or
Administrator within 14 calendar days after the visit. If no negative findings
were noted during the visit, the organization should document this finding. The
Director or Administrator shall provide the Assistant Associate Director, the
Associate Director and the Department Secretary with a copy of all written
reports within 48 hours and shall provide a written response to all exit
reports within five working days after receipt to the visitors with a copy to
the Assistant Associate Director, the Associate Director and the Department
Secretary. If the organization has not received a response 15 working days
after it submitted its report, it shall notify the Assistant Associate
Director, who shall inform the Director or Administrator.
b) Sales or solicitation
The Director or Administrator shall not permit organizations or
individuals to solicit funds or memberships, other than union memberships, nor
sell or take orders for goods or services from employees in the buildings or on
the campuses or property of Department centers/programs without the Secretary's
prior approval. The Secretary may approve these activities if they do not
interfere with the employees' job duties and if the activities are not directed
toward individuals.
c) Game
preserve
1) All Department center/program
campuses and property shall be closed as game reservations and posted
accordingly. The Director or Administrator may, however, grant fishing
privileges to individuals at centers/programs where fishing is
possible.
2) No hunting or trapping
shall be permitted on the campuses or property of any Department
center/program.
d)
Liquor, controlled substances, cannabis, firearms and other weapons
1) Sale or gift of alcoholic beverages,
liquor, controlled substances or cannabis to employees or individuals on
center/program campuses or property is prohibited. Visitors or employees who
show signs of intoxication or a drug-induced state shall not be admitted to
center/program campuses or property.
2) Firearms or other weapons such as
bludgeons, metal knuckles, tear gas, broken bottles or glass, knives, hatchets
or bombs of any sort shall not be brought or permitted on center/program
campuses or property. Armed law enforcement officials are allowed on the
center/program campus or property when responding to an emergency situation. An
emergency occurs when there is a threat of bodily harm that could result in the
death or serious injury of individuals served or center/program staff. The
delivery of an individual by a law enforcement official to a center/program for
admission does not constitute an emergency. The Director or Administrator shall
request that law enforcement officials secure their weapons in a locked squad
car or store their weapons in a locked safe upon arrival at the center/program
except during an emergency.
e) Center/program access
Only persons on official business, such as employees,
authorized visitors, persons providing required goods and services shall have
access to center/program campuses and property.
f) Identification of employees and visitors
The Director or Administrator shall develop and implement
written policies and procedures to ensure that employees and visitors are
properly identified at all times while they are on the center/program campus or
property. Employees shall have on their person an employee identification card.
All visitors must produce a photo identification as described in subsection
(a)(5), and shall have on their person a visitor identification card. No
Department employee shall wear a badge such as those issued to sworn law
enforcement officials. The requirement of identification shall not hinder or
preclude unannounced visits by voluntary organizations pursuant to this
Section.
g) Traffic rules
All persons driving on center/program campuses or property
shall operate their vehicles consistent with the Illinois Vehicle Code [625
ILCS 5 ] and shall observe the traffic rules established by the Director or
Administrator that include, but are not limited to, the use of designated
parking areas, observance of posted stop signs, speed limits, reckless driving,
failure to yield to individuals, employees, and other persons crossing
roadways, failure to display a decal, and leaving unattended vehicles unlocked.
The Director or Administrator may bar vehicles from the center/program campus
or property after notice is given for three violations of this subsection.
Traffic rules shall be prominently posted.
Amended at 26 Ill. Reg. 8520, effective May 30,
2002
