All individuals receiving services 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 4-205 of the Code [405 ILCS
5/2-102(a), 3 -204, 3-205, and 4-205]
no individual shall, on the basis of being deaf, hard-of-hearing, deaf-blind,
or deafened (hearing impaired) and/or using manual or visual communication to
communicate, be excluded from the participation in, be denied the benefits of,
or be subjected to discrimination by a facility.
a) Definitions
For the purposes of this Section, the following terms are
defined:
"CART (Computer Aided Realtime Translation) reporting
services." The verbatim translation of the spoken word into a visually enhanced
format from a stenotype machine to a computer.
"CART reporter." A certified shorthand reporter licensed by the
Department of Professional Regulation under the Illinois Certified Shorthand
Reporters Act of 1984 [225 ILCS 415 ] or a registered professional reporter
licensed by the National Association of Court Reporters, 8224 Old Courthouse
Road, Vienna, Virginia 22182-3808, telephone (800) 272-6272, with experience in
CART reporting.
"Code." The Mental Health and Developmental Disabilities Code
[405 ILCS 5 ].
"Communication facilitation." The means provided to overcome a
barrier in communication created because an individual is hearing impaired
and/or uses manual or visual communication, e.g., interpreter, CART reporting
services or mental health or developmental disability and deafness professional
services.
"Deaf." Any loss of hearing, occurring prior to the acquisition
of normal spoken language, that precludes processing of linguistic information
through audition, with or without a hearing aid. An individual may be
considered "deaf" based on language use, cultural affiliation, social
preferences, or self-determination.
"Deaf-blind." Any loss of hearing, occurring at any age prior
to or post acquisition of normal spoken language, that precludes processing of
linguistic information through audition, with or without a hearing aid, and
visual impairment of 20/70 in the better eye corrected or a visual field of 20
degrees or less.
"Deafened." Any loss of hearing, occurring at any age after
normal spoken language was acquired, that precludes processing of linguistic
information through audition, with or without a hearing aid.
"Department." The Department of Mental Health and Developmental
Disabilities or successor agency.
"Facility." Any mental health or developmental disability
facility, as defined by Sections 1-107 and 1-114 of the Code [405 ILCS 5/1-107
and 1 -114].
"Hard-of-hearing." Any loss of hearing that allows, generally
with the use of a hearing aid, the processing of linguistic information through
audition.
"Hearing impaired." Deaf, deaf-blind, hard-of-hearing, or
deafened.
"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/Transliterator." A qualified professional who
provides communication facilitation services between any persons using
different modes (spoken or manual) and/or languages (English/American Sign
Language) to communicate. This person shall be certified by the Registry of
Interpreters for the Deaf, 8719 Colesville Road, Suite 310, Silver Spring, MD
20910-3919, telephone (301) 608-0050, or shall be assessed by the interpreter
skills assessment screening (ISAS) attaining a level IV or level V
certification or shall be approved by the Statewide Coordinator.
"Manual or visual communication." Using the hands, body, or
facial expressions as the primary modalities for communication, but may also
include and not be limited to American Sign Language, signed English,
fingerspelling, pantomime, gestures, lip or speech reading, tactile
fingerspelling or signs, CART, paper and pencil (writing or reading), flash
cards, telecommunication (telephone) devices for the deaf (TTY), hearing aids,
and other methods of manual or visual communication.
"Mental health or developmental disability and deafness
professionals." Mental health or developmental disability professionals, e.g.,
psychiatrists, psychologists, social workers, psychiatric nurses, speech and
language pathologists and other mental health or developmental disability
professionals with intermediate or advanced expertise in manual or visual
communication modes and languages and knowledge of culture and psychosocial
aspects of individuals who have hearing impairments.
"Preferred mode of communication." Any visual and/or auditory
communication mode and/or language used by an individual who is hearing
impaired to express him or herself and to understand the communication of
others, e.g., American Sign Language, writing.
"Statewide Coordinator." The Department's Statewide Coordinator
of Services for People who are Deaf, Hard of Hearing or Deaf-Blind. \
b) Services for individuals who
are hearing impaired
1) Intake and admission
A) Intake staff shall determine through
initial assessment, input, and consultation that an individual presenting for
admission has a hearing impairment or other communication deficit, what type
and degree of hearing loss the individual has (based on information available
at the time of intake), and whether he or she requires manual or visual
communication. This information shall be documented on form DMHDD-142a,
"Clinical Record Face Sheet" or on the community agency's intake
form.
B) Each facility shall
maintain a list of interpreters, CART reporters and mental health or
developmental disability deafness professionals employed by, or under contract
to, the facility. The list shall have each interpreter's mode of communication
and level of certification. The facility director shall be responsible for
distributing the list to the appropriate facility staff and updating it at
least annually. These lists shall be submitted to the Statewide
Coordinator.
C) Facility staff,
with the assistance, if necessary, of family members or friends of the
individual who use the individual's preferred mode of communication, shall
inform the individual that an interpreter, CART reporters (to facilitate
communication) and/or mental health or developmental disability and deafness
professional (to consult) has been contacted and the expected time of arrival.
Facility staff (unless qualified), family members, or friends of the individual
shall not interpret. A qualified interpreter, CART reporter and/or mental
health or developmental disability and deafness professional shall be used
during the individual's intake, assessment and evaluation, when information is
being conveyed to the individual regarding admission, discharge, transfer, or
the right to object thereto, the explanation of the individual's rights, when
being examined for involuntary admission or certification, while being
interviewed or tested by a psychologist, psychiatrist or physician, during
therapy, or whenever necessary to provide effective treatment or habilitation
services to the individual. Writing is not an acceptable substitute for an
interpreter, CART reporter and/or mental health or developmental disability and
deafness professional during the intake, admission and therapy
process.
D) If communication
facilitation is necessary in order to determine whether the individual meets
the admission criteria, or to complete the admission, discharge, or transfer
process, it shall be obtained preferably within 12 hours, but not later than
the time limits prescribed by Sections 3-503, 3-504(f), 3-604, 3-607, 3-610,
3-704(a), 4-300, 4-402(a) and 4-405 [405 ILCS 5/3-503, 3 -504(f), 3-604, 3-607,
3-610, 3-704(a), 4-300, 4-402(a) and 4-405]. The services of an interpreter,
CART reporter and/or mental health or developmental disability and deafness
professional shall be available to the facility 24 hours per day, seven days
per week. This requirement may be met by contracting with a person for services
as needed. The facility shall pay for the cost of the interpreter or CART
reporter.
E) The Statewide
Coordinator shall assist any facility on request in obtaining the services of
an interpreter, a CART reporter or a mental health or developmental disability
and deafness professional.
2) Treatment or habilitation services
A) Interpreter services, CART reporting
services and/or the services of mental health or developmental disability and
deafness professionals as determined by the interdisciplinary team, shall be
made available to any person(s) using different modes (spoken or manual) and/or
languages (signed English or American Sign Language) to communicate in order to
provide appropriate services to individuals or staff who are hearing impaired
and/or use manual or visual communication.
B) Facilities shall provide appropriate
services and/or treatment to individuals who are hearing impaired and/or use
manual or visual communication and the appropriate auxiliary aids to allow such
individuals to benefit from the services and/or treatment. The Statewide
Coordinator shall be contacted to provide assistance to facilities to develop
and provide appropriate services for these individuals. Treatment or
habilitation programs for individuals who are hearing impaired and/or use
manual or visual communication may include arrangements made by the facility
with other facilities, private clinicians, or other community providers (e.g.,
hospitals, clinics, Department-funded agencies) that can meet the individual's
treatment or habilitation needs.
C)
Individuals who are hearing impaired and/or use manual or visual communication
shall be provided with telecommunication devices for the deaf (TTY) and/or
phone amplifiers and/or telebraille devices, whichever is appropriate, to
insure their right to private telephone communication as provided by Section
2-103 of the Code [405 ILCS 5/2-103] . Telecaption
decoders shall be provided and placed, as needed, for television access. Visual
and tactile life-safety alerting devices including but not limited to wake-up
alarms (lights and/or vibrators) and fire alarms (lights and/or vibrators)
shall be installed or available, where necessary.
D) As a part of the quality assessment and
improvement program, facilities shall have a written compliance plan for
individuals who are hearing impaired and/or use manual or visual communication.
This plan shall include but not be limited to:
i) Designated staff responsible for
implementing, monitoring and evaluating the plan;
ii) A list of interpreters, CART reporters
and mental health or developmental disability and deafness professionals
employed by, or contracted to, the facility, their skill level in American Sign
Language, and any certification they hold; and
iii) Training for staff on the unique aspects
of providing services to individuals who are hearing impaired and/or use manual
or visual communication and procedures to assist the individual in filling out
a complaint form.
3) Clinical records documentation. Provision
of interpreters, CART reporters, mental health or developmental disability and
deafness professionals, special equipment, and other support services shall be
documented in the intake and treatment summaries.
