ILLINOIS REGISTER DEPARTMENT OF PUBLIC HEALTH ... - IDPH

ILLINOIS REGISTER

DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Long-Term Care Assistants and Aides Training Programs Code

2) Code Citation: 77 Ill. Adm. Code 395

3) Section Numbers: 395.50 395.55 395.100 395.110 395.120 395.130 395.140 395.150 395.155 395.156 395.160 395.162 395.165 395.170 395.171 395.173 395.174 395.175 395.190 395.300 395.310 395.320 395.400

Adopted Action: Amend New Amend Amend Amend Amend Amend Amend New New Amend New New Amend New Amend Amend Amend Amend Amend Repeal Amend Amend

4) Statutory Authority: Nursing Home Care Act [210 ILCS 45]

5) Effective Date of Amendments:

6) Does this rulemaking contain an automatic repeal date? No

7) Does this rulemaking contain incorporations by reference? Yes

8) A copy of the adopted amendments, including any material incorporated by reference, is on file in the agency's principal office and is available for public inspection.

ILLINOIS REGISTER

DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

9) Notice of Proposal Published in Illinois Register: 36 Ill. Reg. 10584; July 20, 2012

10) Has JCAR issued a Statement of Objections to these rules? No

11) Difference(s) between proposal and final version:

The following changes were made in response to comments received during the first notice or public comment period:

1. In Section 395.50, "Basic Child Care/Habilitation Aide Instructor ? an individual who meets the requirements of Section 390.160 (c) of this Part and is approved by the Department of Human Services for a period of no more than two years." was removed.

2. In Section 395.50, "Course Coordinator (DSP Training Program) ? a designated Department of Human Services individual who is responsible for the organization, management, and coordination of Direct Support Person (DSP) training. The course coordinator assures that training is in compliance with Department requirements, assures that required documentation is retained, and maintains linkage with the Department of Human Services. The course coordinator is not required to be an instructor." was inserted.

3. In Section 395.50, two definitions were inserted: "Direct Support Person (DSP) ? any person who provides habilitative care, services, or support to individuals with developmental disabilities and is listed on the Department's Health Care Worker Registry as a trained DSP or DD Aide under its "Program" section. DSPs shall function under the supervision of a Qualified Intellectual Disabilities Professional (QIDP) or a Licensed/Registered Nurse. Other titles often used to refer to Direct Support Persons include, but are not limited to, Developmental Disabilities (DD) Aide, Habilitation/Child Care Aides, Mental Health Technician, Program Aide, or Program Technician."

4. "Direct Support Person Training Instructor ? an individual who meets the requirements of Section 395.160(c) of this Part and is approved by the Department of Human Services."

5. In Section 395.50, "Other terms often used in place of "Interdisciplinary Team" include, but are not limited to, Community Support Team (CST), or Individual Education Plan (IEP)," was inserted after "needs."

ILLINOIS REGISTER

DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

6. In Section 395.50, the following definition was added: "Person-Centered Planning - a process whereby persons with disabilities and with the support of families direct the planning and allocation of resources to meet their own life vision and goals."

7. In Section 395.50, ", in keeping with the core values of Person-Centered Services. Other references used in place of "Plan of Care" include, but are not limited to, Individual Service Plan, Program Plan, or Individual Habilitation Plan" was inserted after "individual"

8. In Section 395.50, " or a QIDP who is approved by the Department of Human Services, Division of Developmental Disabilities based upon meeting the requirements of Section 395.160(c) of this Part" was inserted after "evaluator".

9. In Section 395.100, the following subsection was added: "d) A facility licensed by the Department under the ID/DD Community Care Act, or a program licensed or certified by the Department of Human Services as a Community Integrated Living Arrangement, a Family Assistance and Home-Based Support Program for Persons with Mental Disabilities, a Developmental Training Program, or a Medicaid Home and Community-Based Waiver Services Program for Individuals with Developmental Disabilities."

10. In Section 395.110, "E) Adequate space to provide the training component and not interfere with the individuals' activities." was inserted.

11. In Section 395.150, "five" was deleted and the strike-out was removed from "three".

12. In Section 395.162, "An Approved Evaluator shall have no fiduciary connection, within 30 days before or after the evaluation, with the facility at which the student is employed or will be employed" was changed to "Selected performance skills as determined by the Department shall then be evaluated by an Approved Outside Evaluator, who shall have no fiduciary connection, within 30 days before or after the evaluation, with the facility at which the student is employed or will be employed".

13. In Section 395.170, Subsection (a)(1)-(3), all the underscored language was removed and the existing language was stricken. The subsections in the rest of the Section were re-lettered accordingly.

ILLINOIS REGISTER

DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

14. In Section 295.171, an "a)" was inserted and "b) The program shall provide counseling to all individuals seeking admission to the program concerning the Health Care Worker Background Check Act and the Health Care Worker Background Check Code. The counseling shall include, at a minimum:

1) Notification that a fingerprint-based criminal history records check will be initiated;

2) A clear statement that a fingerprint-based criminal history records check is required for the individual to work as a direct access worker, a CNA, or a Direct Support Person in Illinois; and

3) A listing of those offenses in Section 25 of the Health Care Worker Background Check Act for which a conviction would disqualify the individual from finding employment as a direct access worker, a CNA, or a Direct Support Person unless the individual obtains a waiver pursuant to Section 40 of the Health Care Worker Background Check Act.", was inserted.

15. In Section 395.300, "and the Physician's Order for Life Sustaining Treatment (POLST)" was inserted.

16. In Section 395.300, "and palliative care" was inserted after "hospice care".

17. In Section 395.300, "care and palliative care are" was inserted after "hospice" and "is" was removed.

The following changes were made in response to comments and suggestions of JCAR:

In Section 395.50,

"DHS- the Illinois Department of Human Services.

DHS-DD ? the Illinois Department of Human Services-Division of Developmental Disabilities.", was added.

In addition, various typographical, grammatical, and form changes were made in response to the comments from JCAR.

12) Have all the changes agreed upon by the agency and JCAR been made as

ILLINOIS REGISTER

DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

indicated in the agreements issued by JCAR? Yes

13) Will this rulemaking replace an emergency rule currently in effect? No

14) Are there any amendments pending on this Part? No

15) Summary and Purpose of Rulemaking: The Long-Term Care Assistants and Aides Training Programs Code regulates the training of Certified Nursing Assistants, Child Care/Habilitation aides, and Developmental Disabilities Aides, including minimum requirements for instructors and the curriculum.

The amendments were undertaken to update and revamp the minimum requirements for the Basic Nursing Assistant Training Program (Section 395.300), which have not been changed since 1993, and to add course requirements and a curriculum for a Train the Trainer program.

The other extensive updates to Part 395 amend nearly every Section, add six new Sections and repeal one Section, completely revamping the Code, particularly the requirements for instructors of training programs.

16) Information and questions regarding these adopted amendments shall be directed to:

Susan Meister Division of Legal Services Department of Public Health 535 West Jefferson, 5th Floor Springfield, Illinois 62761

217-782-2043 e-mail: dph.rules@

The full text of the adopted amendments begins on the next page:

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