Flinn Report. Illinois Regulation

              Illinois Regulation is a summary of the weekly regulatory decisions of State agencies published in the Illinois Register and action
taken by the Illinois General Assembly's Joint Committee on Administrative Rules. Illinois Regulation is designed to inform and
involve the public in changes taking place in agency administration.
VOL. 36 Issue 10
Regulation Illinois
(cont'd page 4)
New Regulations
Proposed
Regulations
NEW REGULATIONS: Rules adopted by agencies this week.
PROPOSED REGULATIONS: Rules proposed by agencies this week, commencing a 45-day First Notice period. Public comments must be accepted
by the agency for the period of time indicated.
: Symbol designating rules of special interest to small businesses, small municipalities, and not-for-profit corporations. Agencies are required to consider
comments from these groups and minimize the regulatory burden on them.
QUESTIONS/COMMENTS/RULE TEXT: Direct mail or phone calls to the agency personnel listed below each summary. Providing volume and issue number
of The Flinn Report or the Illinois Register will expedite the process. Some agencies charge copying fees. However, copy requests do not have to
be made under the Freedom of Information Act .
The Flinn
Report
(cont'd next page )
March 9, 2012
Elaine Spencer, Editor Joint Committee on Administrative Rules 700 Stratton Office Bldg., Springfield IL 62706
Illinois General Assembly 217/785-2254 ilga.gov/commission/jcar
-1-
PSYCHOTROPIC DRUGS
The DEPARTMENT OF CHILDREN
AND FAMILY SERVICES adopted
amendments to "Administration of Psy-chotropic
Medications to Children for
whom the Department of Children and
Family Services is Legally Respon-sible"
(89 Ill Adm Code 325; 35 Ill Reg
16169), effective 2/24/12. A compan-ion
emergency rule-making effective
10/1/11 was published in the Illinois
Register at 35 Ill Reg 16877. The
amendments implement Public Act
97-245, which creates the Administra-tion
of Psychotropic Medications to
Children Act [20 ILCS 535]. The
rulemakings update DCFS guidelines
governing the administration of psy-chotropic
medications to children for
whom DCFS is responsible and re-quire
DCFS and private agency case-workers
and investigators to identify
potential medical and mental health
issues. The Department must publish
its psychotropic medication adminis-tration
guidelines and a list of psycho-tropic
medications on its website and
the website of its psychiatric consult-ants.
The rulemak-ing addresses such
issues as requiring licensed prescrib-ers
to use Department forms when
requesting consent to prescribe a psy-chotropic
medication, psychotropic
medication utilization, the approval
process for one-time non-emergency
medication administration, and des-ignating
an Oversight Treatment Team
to review decisions to administer psy-chotropic
medications. The
rulemakings also cover training DCFS
staff members who are allowed to
consent to the administration of psy-chotropic
medications to DCFS wards.
Both facilities that house DCFS wards
and medication prescribers are re-quired
to monitor the children's re-sponses
to medications, and DCFS-licensed
residential facilities must have
a written policy for psychotropic medi-cation
administration. The rulemakings
require DCFS to offer residential facili-ties,
hospitals, foster parents, and
relative caregivers training concern-ing
these regulations. Other changes
include notification of a ward's guard-ian
ad litem when the ward has been
administered a psychotropic medica-tion
and administrative case review of
a ward who has been administered
psychotropic medication in order to
verify that the ward received the medi-cation
and that appropriate consent
was obtained. A new section con-cerns
how violations of these regula-tions
by physicians and others will be
adjudicated. Changes since 1st Notice
CHILD CARE LICENSING
The DEPARTMENT OF CHILDREN
AND FAMILY SERVICES proposed
amendments to "Licensing Enforce-ment"
(89 Ill. Adm. Code 383; 36 Ill.
Reg. 3579) to clarify its current re-quirements
for conditional licensure
of a child care facility. DCFS must
conduct an informal review to deter-mine
the appropriateness of offering a
conditional license (which authorizes
a licensee to continue operating a
licensed child care facility for 6 months
in compliance with a corrective plan,
statute, rules or the conditional li-cense
agreement). Before a condi-tional
license can be issued, DCFS
must revoke or refuse to renew the
current license or the licensee must
surrender the current license. The li-censing
representative documents
compliance and progress with the
conditional license agreement and
corrective plan and must contact the
licensing supervisor if he or she finds
new violations, a previously corrected
violation reoccurs, or there is non-compliance
with the agreement. The
licensing supervisor then notifies the
regional licensing administrator who
determines whether to modify the
corrective plan, issue an order of ad-
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