Public Act 095-0079
 		





HB0808 Enrolled
LRB095 10044 DRJ 30258 b






    AN ACT concerning regulation.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Assisted Living and Shared Housing Act is 
amended  by changing Section 35 as follows:
 



    (210 ILCS 9/35)



    Sec. 35. Issuance of license. 

    (a) Upon receipt and review of an application for a license 
and review of
the applicant establishment, the Director  may 
issue a license if he or she
finds:


        (1) that the individual applicant, or the corporation, 
    partnership, or
other entity if the applicant is not an 
    individual, is a person responsible and
suitable to operate 
    or to direct or participate in the operation of an

    establishment by virtue of financial capacity, appropriate 
    business or
professional experience, a record of lawful 
    compliance with lawful orders of
the Department
and lack of 
    revocation of a license issued under this Act or the 
    Nursing Home
Care Act
during the previous 5 years;


        (2) that the establishment is under the supervision of 
    a full-time
director who is at least 21 years of age with 
    ability, training, and education
appropriate to meet the 
    needs of the residents and to manage the operations of
the 
    establishment and who participates in ongoing training for 
    these purposes;


        (3) that the establishment has staff sufficient in 
    number with
qualifications, adequate skills, education, 
    and experience to meet the 24 hour
scheduled and 
    unscheduled needs of residents and who participate in 
    ongoing
training to serve the resident population;


        (4) that all employees who are subject to the Health 
    Care Worker Background Check Act
direct care staff meet the 
    requirements of that
the Health Care Worker
Background 
    Check Act;


        (5) that the applicant is in substantial compliance 
    with this Act and such
other requirements for a
license as 
    the Department by rule may establish under this Act;


        (6) that the applicant pays all required fees;


        (7) that the applicant has provided to the Department 
    an accurate
disclosure document in
accordance with the 
    Alzheimer's Special Care Disclosure Act and in
substantial 
    compliance with Section 150 of this Act.

    Any license issued by the Director shall state the physical 
location of the
establishment, the date the license was issued, 
and the expiration date.  All
licenses shall be valid for one 
year, except as provided in Section 40.  Each
license shall be 
issued only for the premises and persons named in the

application, and shall not be transferable or assignable.

(Source: P.A. 93-141, eff. 7-10-03.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.