Current through Register Vol. 47, No. 25, June 23, 2023
All individuals in Department facilities shall be provided with
adequate and humane care and services pursuant to an individualized service
(treatment or habilitation) plan in accordance with Sections 2-102(a), 3-209
and 4-309 of the Code [405 ILCS 5/2-102(a),
3 -209 and 4-309]. In accordance with
Sections 2-102(a), 3-204, 3-205 and 4-305 of the Code [405 ILCS
5/2-102(a), 3 -204, 3-205 and 4-305]
no individual shall, on the basis of an inability to communicate in the English
language, be denied the benefits of, or be subjected to discrimination by, a
Department facility.
a) Definitions
For the purposes of this Section, the following terms are
described:
"Code." The Mental Health and Developmental Disabilities Code
[405 ILCS 5 ].
"Department." The Department of Human Services.
"Individual." A recipient of mental health or developmental
disabilities services, as defined by Sections 1-111 and 1-128 of the Code [405
ILCS 5/1-111 and 1 -128].
"Interpreter." A person fluent in English and in the native
language of the recipient who can accurately speak, read, and readily interpret
the necessary second language. This interpreter shall be approved by the
Department's Statewide Coordinator of Services for People who are Non-English
or Limited-English Speakers.
"Limited-English speaker." A person whose English vocabulary
consists of 100 to 400 words. Such a person has usually mastered most
expressions necessary to function marginally in an English speaking
environment. However, words used to express feelings and other emotionally
charged material are lacking.
"Non-English speaker." A person who has no command or
understanding of the English language.
"Qualified staff." Mental health or developmental disability
professionals, e.g., psychiatrists, psychologists, social workers, psychiatric
nurses, and other mental health or developmental disability paraprofessionals
who meet the definition of interpreters, as defined in this subsection
(a).
b) Service provision
1) Prior to admission or during the admission
process, intake staff shall determine whether a person presenting for admission
is a non-English or limited-English speaker and, if so, the person's native
language. Intake staff shall document interpreter services required on the
intake and treatment summaries. The provision of the interpreter services shall
be defined as a part of active treatment.
2) Interpreter services in the individual's
native language shall be available in accordance with Sections 3-204, 3-205,
and 4-205 of the Code [405 ILCS 5/3-204, 3 -205, and 4-205] for the treatment
or habilitation staff to provide services to non-English or limited-English
speaking individuals. Staff shall document in the individual's clinical record
that an interpreter was used to provide information.
3) Each facility shall maintain a list of
interpreters employed by or under contract to the facility and what language(s)
they speak. In addition, each facility shall maintain a list of community
interpreter resources. The facility director shall be responsible for
distributing the list to the appropriate staff and updating it at least
annually.
4) Facilities shall
provide interpreters during admission, when denying admission, during intake,
or specifically during all assessments or evaluations while the individual is
being interviewed or tested by a psychologist, psychiatrist or physician.
Additionally, interpreters are to be used during therapy, when care and
treatment information is being conveyed, when information is being conveyed
regarding the individual's discharge, transfer, objection to discharge or
transfer, or the individual's rights, when the individual is being examined for
involuntary admission or certification at the request of the individual's
family or guardian, or whenever necessary to provide effective treatment or
habilitative services to the individual.
5) Qualified staff who speak the individual's
native language may be used as interpreters or the facility may contract for
the services of interpreters. The facility shall pay for the cost of the
interpreters. Family members of the individual shall not be used as
interpreters. Family members may inform the individual that an interpreter has
been contacted and the expected time of arrival. The family may participate in
the intake and treatment process with the interpreter provided by the
facility.
c) Facility
plan
Facilities shall establish a written implementation, monitoring
and evaluation plan for interpreter services to non-English and limited-English
speaking individuals. This plan, which shall be a part of the facility quality
assessment and improvement program, shall include but not be limited to the
following areas:
1) Designation of
personnel within the facility responsible for implementing the plan, monitoring
the provision of interpreter services and conducting an annual evaluation of
services provided;
2) Establishing
a list of interpreters on the facility's staff or on contract from the
community, the languages they speak and their availability. In addition, insure
that postings that advise individuals and their families of the availability of
interpreters, the procedures for obtaining interpreters, and the telephone
number to call to file a complaint are posted in conspicuous places in the
facility;
3) Defining an effective
process to implement the Department's procedures for identifying the
individual's level of functioning in English and his or her native language and
accurately recording this information in the individual's clinical record and
the Department's data systems and based on new assessments or information
updating them as indicated; and
4)
Training facility staff in the unique aspects of providing services to
individuals who are non-English or limited English-speaking and in procedures
to assist the individual in submitting the complaint form.
Added at 21 Ill. Reg. 15579, effective November 25,
1997
