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1 | AN ACT concerning State government. | ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly: | ||||||
4 | Section 5. The Substance Use Disorder Act is amended by | ||||||
5 | changing Sections 1-5, 1-10, 5-5, 5-10, 5-20, 10-10, 10-15, | ||||||
6 | 15-5, 15-10, 20-5, 25-5, 25-10, 30-5, 35-5, 35-10, 50-40, | ||||||
7 | 55-30, and 55-40 as follows: | ||||||
8 | (20 ILCS 301/1-5) | ||||||
9 | Sec. 1-5. Legislative declaration. Substance use and | ||||||
10 | gambling disorders, as defined in this Act, constitute a | ||||||
11 | serious public health problem. The effects on public safety | ||||||
12 | and the criminal justice system cause serious social and | ||||||
13 | economic losses, as well as great human suffering. It is | ||||||
14 | imperative that a comprehensive and coordinated strategy be | ||||||
15 | developed under the leadership of a State agency. This | ||||||
16 | strategy should be implemented through the facilities of | ||||||
17 | federal and local government and community-based agencies | ||||||
18 | (which may be public or private, volunteer or professional). | ||||||
19 | Through local prevention, early intervention, treatment, and | ||||||
20 | other recovery support services, this strategy should empower | ||||||
21 | those struggling with these substance use disorders (and, when | ||||||
22 | appropriate, the families of those persons) to lead healthy | ||||||
23 | lives. |
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1 | The human, social, and economic benefits of preventing | ||||||
2 | these substance use disorders are great, and it is imperative | ||||||
3 | that there be interagency cooperation in the planning and | ||||||
4 | delivery of prevention, early intervention, treatment, and | ||||||
5 | other recovery support services in Illinois. | ||||||
6 | The provisions of this Act shall be liberally construed to | ||||||
7 | enable the Department to carry out these objectives and | ||||||
8 | purposes. | ||||||
9 | (Source: P.A. 100-759, eff. 1-1-19 .) | ||||||
10 | (20 ILCS 301/1-10) | ||||||
11 | Sec. 1-10. Definitions. As used in this Act, unless the | ||||||
12 | context clearly indicates otherwise, the following words and | ||||||
13 | terms have the following meanings: | ||||||
14 | "Case management" means a coordinated approach to the | ||||||
15 | delivery of health and medical treatment, substance use | ||||||
16 | disorder treatment, gambling disorder treatment, mental health | ||||||
17 | treatment, and social services, linking patients with | ||||||
18 | appropriate services to address specific needs and achieve | ||||||
19 | stated goals. In general, case management assists patients | ||||||
20 | with other disorders and conditions that require multiple | ||||||
21 | services over extended periods of time and who face difficulty | ||||||
22 | in gaining access to those services. | ||||||
23 | "Crime of violence" means any of the following crimes: | ||||||
24 | murder, voluntary manslaughter, criminal sexual assault, | ||||||
25 | aggravated criminal sexual assault, predatory criminal sexual |
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1 | assault of a child, armed robbery, robbery, arson, kidnapping, | ||||||
2 | aggravated battery, aggravated arson, or any other felony that | ||||||
3 | involves the use or threat of physical force or violence | ||||||
4 | against another individual. | ||||||
5 | "Department" means the Department of Human Services. | ||||||
6 | "DUI" means driving under the influence of alcohol or | ||||||
7 | other drugs. | ||||||
8 | "Designated program" means a category of service | ||||||
9 | authorized by an intervention license issued by the Department | ||||||
10 | for delivery of all services as described in Article 40 in this | ||||||
11 | Act. | ||||||
12 | "Early intervention" means services, authorized by a | ||||||
13 | treatment license, that are sub-clinical and pre-diagnostic | ||||||
14 | and that are designed to screen, identify, and address risk | ||||||
15 | factors that may be related to problems associated with a | ||||||
16 | substance use or gambling disorder substance use disorders and | ||||||
17 | to assist individuals in recognizing harmful consequences. | ||||||
18 | Early intervention services facilitate emotional and social | ||||||
19 | stability and involve involves referrals for treatment, as | ||||||
20 | needed. | ||||||
21 | "Facility" means the building or premises are used for the | ||||||
22 | provision of licensable services, including support services, | ||||||
23 | as set forth by rule. | ||||||
24 | "Gambling disorder" means persistent and recurrent | ||||||
25 | problematic gambling behavior leading to clinically | ||||||
26 | significant impairment or distress. recurring maladaptive |
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1 | gambling behavior that disrupts personal, family, or | ||||||
2 | vocational pursuits. | ||||||
3 | "Gambling" means the risking of money or other items of | ||||||
4 | value in games of chance, including video gaming, sports | ||||||
5 | betting, and other games of chance. | ||||||
6 | "Gaming" means the action or practice of playing video | ||||||
7 | games. | ||||||
8 | "Holds itself out" means any activity that would lead one | ||||||
9 | to reasonably conclude that the individual or entity provides | ||||||
10 | or intends to provide licensable substance-related disorder | ||||||
11 | intervention or treatment services. Such activities include, | ||||||
12 | but are not limited to, advertisements, notices, statements, | ||||||
13 | or contractual arrangements with managed care organizations, | ||||||
14 | private health insurance, or employee assistance programs to | ||||||
15 | provide services that require a license as specified in | ||||||
16 | Article 15. | ||||||
17 | "Informed consent" means legally valid written consent, | ||||||
18 | given by a client, patient, or legal guardian, that authorizes | ||||||
19 | intervention or treatment services from a licensed | ||||||
20 | organization and that documents agreement to participate in | ||||||
21 | those services and knowledge of the consequences of withdrawal | ||||||
22 | from such services. Informed consent also acknowledges the | ||||||
23 | client's or patient's right to a conflict-free choice of | ||||||
24 | services from any licensed organization and the potential | ||||||
25 | risks and benefits of selected services. | ||||||
26 | "Intoxicated person" means a person whose mental or |
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1 | physical functioning is substantially impaired as a result of | ||||||
2 | the current effects of alcohol or other drugs within the body. | ||||||
3 | "Medication assisted treatment" means the prescription of | ||||||
4 | medications that are approved by the U.S. Food and Drug | ||||||
5 | Administration and the Center for Substance Abuse Treatment to | ||||||
6 | assist with treatment for a substance use disorder and to | ||||||
7 | support recovery for individuals receiving services in a | ||||||
8 | facility licensed by the Department. Medication assisted | ||||||
9 | treatment includes opioid treatment services as authorized by | ||||||
10 | a Department license. | ||||||
11 | "Off-site services" means licensable services are | ||||||
12 | conducted at a location separate from the licensed location of | ||||||
13 | the provider, and services are operated by an entity licensed | ||||||
14 | under this Act and approved in advance by the Department. | ||||||
15 | "Person" means any individual, firm, group, association, | ||||||
16 | partnership, corporation, trust, government or governmental | ||||||
17 | subdivision or agency. | ||||||
18 | "Prevention" means an interactive process of individuals, | ||||||
19 | families, schools, religious organizations, communities and | ||||||
20 | regional, state and national organizations whose goals are to | ||||||
21 | reduce the prevalence of substance use or gambling disorders, | ||||||
22 | prevent the use of illegal drugs and the abuse of legal drugs | ||||||
23 | by persons of all ages, prevent the use of alcohol by minors, | ||||||
24 | reduce the severity of harm in gambling by persons of all ages, | ||||||
25 | build the capacities of individuals and systems, and promote | ||||||
26 | healthy environments, lifestyles, and behaviors. |
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1 | "Recovery" means a process of change through which | ||||||
2 | individuals improve their health and wellness, live a | ||||||
3 | self-directed life, and reach their full potential. | ||||||
4 | "Recovery support" means services designed to support | ||||||
5 | individual recovery from a substance use or gambling disorder | ||||||
6 | that may be delivered pre-treatment, during treatment, or post | ||||||
7 | treatment. These services may be delivered in a wide variety | ||||||
8 | of settings for the purpose of supporting the individual in | ||||||
9 | meeting his or her recovery support goals. | ||||||
10 | "Secretary" means the Secretary of the Department of Human | ||||||
11 | Services or his or her designee. | ||||||
12 | "Substance use disorder" means a spectrum of persistent | ||||||
13 | and recurring problematic behavior that encompasses 10 | ||||||
14 | separate classes of drugs: alcohol; caffeine; cannabis; | ||||||
15 | hallucinogens; inhalants; opioids; sedatives, hypnotics and | ||||||
16 | anxiolytics; stimulants; and tobacco; and other unknown | ||||||
17 | substances leading to clinically significant impairment or | ||||||
18 | distress. | ||||||
19 | "Treatment" means the broad range of emergency, | ||||||
20 | outpatient, and residential care (including assessment, | ||||||
21 | diagnosis, case management, treatment, and recovery support | ||||||
22 | planning) may be extended to individuals with substance use | ||||||
23 | disorders or to the families of those persons. | ||||||
24 | "Withdrawal management" means services designed to manage | ||||||
25 | intoxication or withdrawal episodes (previously referred to as | ||||||
26 | detoxification), interrupt the momentum of habitual, |
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1 | compulsive substance use and begin the initial engagement in | ||||||
2 | medically necessary substance use disorder treatment. | ||||||
3 | Withdrawal management allows patients to safely withdraw from | ||||||
4 | substances in a controlled medically-structured environment. | ||||||
5 | (Source: P.A. 100-759, eff. 1-1-19 .) | ||||||
6 | (20 ILCS 301/5-5) | ||||||
7 | Sec. 5-5. Successor department; home rule. | ||||||
8 | (a) The Department of Human Services, as successor to the | ||||||
9 | Department of Alcoholism and Substance Abuse, shall assume the | ||||||
10 | various rights, powers, duties, and functions provided for in | ||||||
11 | this Act. | ||||||
12 | (b) It is declared to be the public policy of this State, | ||||||
13 | pursuant to paragraphs (h) and (i) of Section 6 of Article VII | ||||||
14 | of the Illinois Constitution of 1970, that the powers and | ||||||
15 | functions set forth in this Act and expressly delegated to the | ||||||
16 | Department are exclusive State powers and functions. Nothing | ||||||
17 | herein prohibits the exercise of any power or the performance | ||||||
18 | of any function, including the power to regulate, for the | ||||||
19 | protection of the public health, safety, morals and welfare, | ||||||
20 | by any unit of local government, other than the powers and | ||||||
21 | functions set forth in this Act and expressly delegated to the | ||||||
22 | Department to be exclusive State powers and functions. | ||||||
23 | (c) The Department shall, through accountable and | ||||||
24 | efficient leadership, example and commitment to excellence, | ||||||
25 | strive to reduce the incidence of substance use or gambling |
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1 | disorders by: | ||||||
2 | (1) Fostering public understanding of substance use | ||||||
3 | disorders and how they affect individuals, families, and | ||||||
4 | communities. | ||||||
5 | (2) Promoting healthy lifestyles. | ||||||
6 | (3) Promoting understanding and support for sound | ||||||
7 | public policies. | ||||||
8 | (4) Ensuring quality prevention, early intervention, | ||||||
9 | treatment, and other recovery support services that are | ||||||
10 | accessible and responsive to the diverse needs of | ||||||
11 | individuals, families, and communities. | ||||||
12 | (Source: P.A. 100-759, eff. 1-1-19 .) | ||||||
13 | (20 ILCS 301/5-10) | ||||||
14 | Sec. 5-10. Functions of the Department. | ||||||
15 | (a) In addition to the powers, duties and functions vested | ||||||
16 | in the Department by this Act, or by other laws of this State, | ||||||
17 | the Department shall carry out the following activities: | ||||||
18 | (1) Design, coordinate and fund comprehensive | ||||||
19 | community-based and culturally and gender-appropriate | ||||||
20 | services throughout the State. These services must include | ||||||
21 | prevention, early intervention, treatment, and other | ||||||
22 | recovery support services for substance use disorders that | ||||||
23 | are accessible and address the needs of at-risk | ||||||
24 | individuals and their families. | ||||||
25 | (2) Act as the exclusive State agency to accept, |
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1 | receive and expend, pursuant to appropriation, any public | ||||||
2 | or private monies, grants or services, including those | ||||||
3 | received from the federal government or from other State | ||||||
4 | agencies, for the purpose of providing prevention, early | ||||||
5 | intervention, treatment, and other recovery support | ||||||
6 | services for substance use or gambling disorders. | ||||||
7 | (2.5) In partnership with the Department of Healthcare | ||||||
8 | and Family Services, act as one of the principal State | ||||||
9 | agencies for the sole purpose of calculating the | ||||||
10 | maintenance of effort requirement under Section 1930 of | ||||||
11 | Title XIX, Part B, Subpart II of the Public Health Service | ||||||
12 | Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR | ||||||
13 | 96.134). | ||||||
14 | (3) Coordinate a statewide strategy for the | ||||||
15 | prevention, early intervention, treatment, and recovery | ||||||
16 | support of substance use or gambling disorders. This | ||||||
17 | strategy shall include the development of a comprehensive | ||||||
18 | plan, submitted annually with the application for federal | ||||||
19 | substance use disorder block grant funding, for the | ||||||
20 | provision of an array of such services. The plan shall be | ||||||
21 | based on local community-based needs and upon data | ||||||
22 | including, but not limited to, that which defines the | ||||||
23 | prevalence of and costs associated with these substance | ||||||
24 | use disorders. This comprehensive plan shall include | ||||||
25 | identification of problems, needs, priorities, services | ||||||
26 | and other pertinent information, including the needs of |
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1 | marginalized communities minorities and other specific | ||||||
2 | priority populations in the State, and shall describe how | ||||||
3 | the identified problems and needs will be addressed. For | ||||||
4 | purposes of this paragraph, the term " marginalized | ||||||
5 | communities minorities and other specific priority | ||||||
6 | populations" may include, but shall not be limited to, | ||||||
7 | groups such as women, children, persons who use | ||||||
8 | intravenous drugs intravenous drug users , persons with | ||||||
9 | AIDS or who are HIV infected, veterans, African-Americans, | ||||||
10 | Puerto Ricans, Hispanics, Asian Americans, the elderly, | ||||||
11 | persons in the criminal justice system, persons who are | ||||||
12 | clients of services provided by other State agencies, | ||||||
13 | persons with disabilities and such other specific | ||||||
14 | populations as the Department may from time to time | ||||||
15 | identify. In developing the plan, the Department shall | ||||||
16 | seek input from providers, parent groups, associations and | ||||||
17 | interested citizens. | ||||||
18 | The plan developed under this Section shall include an | ||||||
19 | explanation of the rationale to be used in ensuring that | ||||||
20 | funding shall be based upon local community needs, | ||||||
21 | including, but not limited to, the incidence and | ||||||
22 | prevalence of, and costs associated with, these substance | ||||||
23 | use disorders, as well as upon demonstrated program | ||||||
24 | performance. | ||||||
25 | The plan developed under this Section shall also | ||||||
26 | contain a report detailing the activities of and progress |
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1 | made through services for the care and treatment of these | ||||||
2 | substance use disorders among pregnant women and mothers | ||||||
3 | and their children established under subsection (j) of | ||||||
4 | Section 35-5. | ||||||
5 | As applicable, the plan developed under this Section | ||||||
6 | shall also include information about funding by other | ||||||
7 | State agencies for prevention, early intervention, | ||||||
8 | treatment, and other recovery support services. | ||||||
9 | (4) Lead, foster and develop cooperation, coordination | ||||||
10 | and agreements among federal and State governmental | ||||||
11 | agencies and local providers that provide assistance, | ||||||
12 | services, funding or other functions, peripheral or | ||||||
13 | direct, in the prevention, early intervention, treatment, | ||||||
14 | and recovery support for substance use or gambling | ||||||
15 | disorders. This shall include, but shall not be limited | ||||||
16 | to, the following: | ||||||
17 | (A) Cooperate with and assist other State | ||||||
18 | agencies, as applicable, in establishing and | ||||||
19 | conducting these substance use disorder services among | ||||||
20 | the populations they respectively serve. | ||||||
21 | (B) Cooperate with and assist the Illinois | ||||||
22 | Department of Public Health in the establishment, | ||||||
23 | funding and support of programs and services for the | ||||||
24 | promotion of maternal and child health and the | ||||||
25 | prevention and treatment of infectious diseases, | ||||||
26 | including but not limited to HIV infection, especially |
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1 | with respect to those persons who are high risk due to | ||||||
2 | intravenous injection of illegal drugs, or who may | ||||||
3 | have been sexual partners of these individuals, or who | ||||||
4 | may have impaired immune systems as a result of a | ||||||
5 | substance use disorder. | ||||||
6 | (C) Supply to the Department of Public Health and | ||||||
7 | prenatal care providers a list of all providers who | ||||||
8 | are licensed to provide substance use disorder | ||||||
9 | treatment for pregnant women in this State. | ||||||
10 | (D) Assist in the placement of child abuse or | ||||||
11 | neglect perpetrators (identified by the Illinois | ||||||
12 | Department of Children and Family Services (DCFS)) who | ||||||
13 | have been determined to be in need of substance use | ||||||
14 | disorder treatment pursuant to Section 8.2 of the | ||||||
15 | Abused and Neglected Child Reporting Act. | ||||||
16 | (E) Cooperate with and assist DCFS in carrying out | ||||||
17 | its mandates to: | ||||||
18 | (i) identify substance use and gambling | ||||||
19 | disorders among its clients and their families; | ||||||
20 | and | ||||||
21 | (ii) develop services to deal with such | ||||||
22 | disorders. | ||||||
23 | These services may include, but shall not be limited | ||||||
24 | to, programs to prevent or treat substance use or | ||||||
25 | gambling disorders with DCFS clients and their | ||||||
26 | families, identifying child care needs within such |
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1 | treatment, and assistance with other issues as | ||||||
2 | required. | ||||||
3 | (F) Cooperate with and assist the Illinois | ||||||
4 | Criminal Justice Information Authority with respect to | ||||||
5 | statistical and other information concerning the | ||||||
6 | incidence and prevalence of substance use or gambling | ||||||
7 | disorders. | ||||||
8 | (G) Cooperate with and assist the State | ||||||
9 | Superintendent of Education, boards of education, | ||||||
10 | schools, police departments, the Illinois State | ||||||
11 | Police, courts and other public and private agencies | ||||||
12 | and individuals in establishing substance use or | ||||||
13 | gambling disorder prevention programs statewide and | ||||||
14 | preparing curriculum materials for use at all levels | ||||||
15 | of education. | ||||||
16 | (H) Cooperate with and assist the Illinois | ||||||
17 | Department of Healthcare and Family Services in the | ||||||
18 | development and provision of services offered to | ||||||
19 | recipients of public assistance for the treatment and | ||||||
20 | prevention of substance use or gambling disorders. | ||||||
21 | (I) (Blank). | ||||||
22 | (5) From monies appropriated to the Department from | ||||||
23 | the Drunk and Drugged Driving Prevention Fund, reimburse | ||||||
24 | DUI evaluation and risk education programs licensed by the | ||||||
25 | Department for providing indigent persons with free or | ||||||
26 | reduced-cost evaluation and risk education services |
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1 | relating to a charge of driving under the influence of | ||||||
2 | alcohol or other drugs. | ||||||
3 | (6) Promulgate regulations to identify and disseminate | ||||||
4 | best practice guidelines that can be utilized by publicly | ||||||
5 | and privately funded programs as well as for levels of | ||||||
6 | payment to government funded programs that provide | ||||||
7 | prevention, early intervention, treatment, and other | ||||||
8 | recovery support services for substance use or gambling | ||||||
9 | disorders and those services referenced in Sections 15-10 | ||||||
10 | and 40-5. | ||||||
11 | (7) In consultation with providers and related trade | ||||||
12 | associations, specify a uniform methodology for use by | ||||||
13 | funded providers and the Department for billing and | ||||||
14 | collection and dissemination of statistical information | ||||||
15 | regarding services related to substance use or gambling | ||||||
16 | disorders. | ||||||
17 | (8) Receive data and assistance from federal, State | ||||||
18 | and local governmental agencies, and obtain copies of | ||||||
19 | identification and arrest data from all federal, State and | ||||||
20 | local law enforcement agencies for use in carrying out the | ||||||
21 | purposes and functions of the Department. | ||||||
22 | (9) Designate and license providers to conduct | ||||||
23 | screening, assessment, referral and tracking of clients | ||||||
24 | identified by the criminal justice system as having | ||||||
25 | indications of substance use disorders and being eligible | ||||||
26 | to make an election for treatment under Section 40-5 of |
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1 | this Act, and assist in the placement of individuals who | ||||||
2 | are under court order to participate in treatment. | ||||||
3 | (10) Identify and disseminate evidence-based best | ||||||
4 | practice guidelines as maintained in administrative rule | ||||||
5 | that can be utilized to determine a substance use or | ||||||
6 | gambling disorder diagnosis. | ||||||
7 | (11) (Blank). | ||||||
8 | (11.5) Make grants with funds appropriated to the | ||||||
9 | Department as provided in Section 50 of the Video Gaming | ||||||
10 | Act and subsection (c) of Section 13 of the Illinois | ||||||
11 | Gambling Act. | ||||||
12 | (12) Make grants with funds appropriated from the Drug | ||||||
13 | Treatment Fund in accordance with Section 7 of the | ||||||
14 | Controlled Substance and Cannabis Nuisance Act, or in | ||||||
15 | accordance with Section 80 of the Methamphetamine Control | ||||||
16 | and Community Protection Act, or in accordance with | ||||||
17 | subsections (h) and (i) of Section 411.2 of the Illinois | ||||||
18 | Controlled Substances Act, or in accordance with Section | ||||||
19 | 6z-107 of the State Finance Act. | ||||||
20 | (13) Encourage all health and disability insurance | ||||||
21 | programs to include substance use and gambling disorder | ||||||
22 | treatment as a covered services service and to use | ||||||
23 | evidence-based best practice criteria as maintained in | ||||||
24 | administrative rule and as required in Public Act 99-0480 | ||||||
25 | in determining the necessity for such services and | ||||||
26 | continued stay. |
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1 | (14) Award grants and enter into fixed-rate and | ||||||
2 | fee-for-service arrangements with any other department, | ||||||
3 | authority or commission of this State, or any other state | ||||||
4 | or the federal government or with any public or private | ||||||
5 | agency, including the disbursement of funds and furnishing | ||||||
6 | of staff, to effectuate the purposes of this Act. | ||||||
7 | (15) Conduct a public information campaign to inform | ||||||
8 | the State's Hispanic residents regarding the prevention | ||||||
9 | and treatment of substance use or gambling disorders. | ||||||
10 | (b) In addition to the powers, duties and functions vested | ||||||
11 | in it by this Act, or by other laws of this State, the | ||||||
12 | Department may undertake, but shall not be limited to, the | ||||||
13 | following activities: | ||||||
14 | (1) Require all organizations licensed or funded by | ||||||
15 | the Department to include an education component to inform | ||||||
16 | participants regarding the causes and means of | ||||||
17 | transmission and methods of reducing the risk of acquiring | ||||||
18 | or transmitting HIV infection and other infectious | ||||||
19 | diseases, and to include funding for such education | ||||||
20 | component in its support of the program. | ||||||
21 | (2) Review all State agency applications for federal | ||||||
22 | funds that include provisions relating to the prevention, | ||||||
23 | early intervention and treatment of substance use or | ||||||
24 | gambling disorders in order to ensure consistency. | ||||||
25 | (3) Prepare, publish, evaluate, disseminate and serve | ||||||
26 | as a central repository for educational materials dealing |
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1 | with the nature and effects of substance use or gambling | ||||||
2 | disorders. Such materials may deal with the educational | ||||||
3 | needs of the citizens of Illinois, and may include at | ||||||
4 | least pamphlets that describe the causes and effects of | ||||||
5 | fetal alcohol spectrum disorders. | ||||||
6 | (4) Develop and coordinate, with regional and local | ||||||
7 | agencies, education and training programs for persons | ||||||
8 | engaged in providing services for persons with substance | ||||||
9 | use or gambling disorders, which programs may include | ||||||
10 | specific HIV education and training for program personnel. | ||||||
11 | (5) Cooperate with and assist in the development of | ||||||
12 | education, prevention, early intervention, and treatment | ||||||
13 | programs for employees of State and local governments and | ||||||
14 | businesses in the State. | ||||||
15 | (6) Utilize the support and assistance of interested | ||||||
16 | persons in the community, including recovering persons, to | ||||||
17 | assist individuals and communities in understanding the | ||||||
18 | dynamics of substance use or gambling disorders, and to | ||||||
19 | encourage individuals with these substance use disorders | ||||||
20 | to voluntarily undergo treatment. | ||||||
21 | (7) Promote, conduct, assist or sponsor basic | ||||||
22 | clinical, epidemiological and statistical research into | ||||||
23 | substance use or gambling disorders and research into the | ||||||
24 | prevention of those problems either solely or in | ||||||
25 | conjunction with any public or private agency. | ||||||
26 | (8) Cooperate with public and private agencies, |
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1 | organizations , institutions of higher education, and | ||||||
2 | individuals in the development of programs, and to provide | ||||||
3 | technical assistance and consultation services for this | ||||||
4 | purpose. | ||||||
5 | (9) (Blank). | ||||||
6 | (10) (Blank). | ||||||
7 | (11) Fund, promote, or assist entities dealing with | ||||||
8 | substance use or gambling disorders. | ||||||
9 | (12) With monies appropriated from the Group Home Loan | ||||||
10 | Revolving Fund, make loans, directly or through | ||||||
11 | subcontract, to assist in underwriting the costs of | ||||||
12 | housing in which individuals recovering from substance use | ||||||
13 | or gambling disorders may reside, pursuant to Section | ||||||
14 | 50-40 of this Act. | ||||||
15 | (13) Promulgate such regulations as may be necessary | ||||||
16 | to carry out the purposes and enforce the provisions of | ||||||
17 | this Act. | ||||||
18 | (14) Provide funding to help parents be effective in | ||||||
19 | preventing substance use or gambling disorders by building | ||||||
20 | an awareness of the family's role in preventing these | ||||||
21 | substance use disorders through adjusting expectations, | ||||||
22 | developing new skills, and setting positive family goals. | ||||||
23 | The programs shall include, but not be limited to, the | ||||||
24 | following subjects: healthy family communication; | ||||||
25 | establishing rules and limits; how to reduce family | ||||||
26 | conflict; how to build self-esteem, competency, and |
| |||||||
| |||||||
1 | responsibility in children; how to improve motivation and | ||||||
2 | achievement; effective discipline; problem solving | ||||||
3 | techniques; healthy gaming and play habits; appropriate | ||||||
4 | financial planning and investment strategies; how to talk | ||||||
5 | about gambling and related activities; and how to talk | ||||||
6 | about substance use or gambling drugs and alcohol . The | ||||||
7 | programs shall be open to all parents. | ||||||
8 | (15) Establish an Opioid Remediation Services Capital | ||||||
9 | Investment Grant Program. The Department may, subject to | ||||||
10 | appropriation and approval through the Opioid Overdose | ||||||
11 | Prevention and Recovery Steering Committee, after | ||||||
12 | recommendation by the Illinois Opioid Remediation Advisory | ||||||
13 | Board, and certification by the Office of the Attorney | ||||||
14 | General, make capital improvement grants to units of local | ||||||
15 | government and substance use prevention, treatment, and | ||||||
16 | recovery service providers addressing opioid remediation | ||||||
17 | in the State for approved abatement uses under the | ||||||
18 | Illinois Opioid Allocation Agreement. The Illinois Opioid | ||||||
19 | Remediation State Trust Fund shall be the source of | ||||||
20 | funding for the program. Eligible grant recipients shall | ||||||
21 | be units of local government and substance use prevention, | ||||||
22 | treatment, and recovery service providers that offer | ||||||
23 | facilities and services in a manner that supports and | ||||||
24 | meets the approved uses of the opioid settlement funds. | ||||||
25 | Eligible grant recipients have no entitlement to a grant | ||||||
26 | under this Section. The Department of Human Services may |
| |||||||
| |||||||
1 | consult with the Capital Development Board, the Department | ||||||
2 | of Commerce and Economic Opportunity, and the Illinois | ||||||
3 | Housing Development Authority to adopt rules to implement | ||||||
4 | this Section and may create a competitive application | ||||||
5 | procedure for grants to be awarded. The rules may specify | ||||||
6 | the manner of applying for grants; grantee eligibility | ||||||
7 | requirements; project eligibility requirements; | ||||||
8 | restrictions on the use of grant moneys; the manner in | ||||||
9 | which grantees must account for the use of grant moneys; | ||||||
10 | and any other provision that the Department of Human | ||||||
11 | Services determines to be necessary or useful for the | ||||||
12 | administration of this Section. Rules may include a | ||||||
13 | requirement for grantees to provide local matching funds | ||||||
14 | in an amount equal to a specific percentage of the grant. | ||||||
15 | No portion of an opioid remediation services capital | ||||||
16 | investment grant awarded under this Section may be used by | ||||||
17 | a grantee to pay for any ongoing operational costs or | ||||||
18 | outstanding debt. The Department of Human Services may | ||||||
19 | consult with the Capital Development Board, the Department | ||||||
20 | of Commerce and Economic Opportunity, and the Illinois | ||||||
21 | Housing Development Authority in the management and | ||||||
22 | disbursement of funds for capital-related projects. The | ||||||
23 | Capital Development Board, the Department of Commerce and | ||||||
24 | Economic Opportunity, and the Illinois Housing Development | ||||||
25 | Authority shall act in a consulting role only for the | ||||||
26 | evaluation of applicants, scoring of applicants, or |
| |||||||
| |||||||
1 | administration of the grant program. | ||||||
2 | (c) There is created within the Department of Human | ||||||
3 | Services an Office of Opioid Settlement Administration. The | ||||||
4 | Office shall be responsible for implementing and administering | ||||||
5 | approved abatement programs as described in Exhibit B of the | ||||||
6 | Illinois Opioid Allocation Agreement, effective December 30, | ||||||
7 | 2021. The Office may also implement and administer other | ||||||
8 | opioid-related programs, including but not limited to | ||||||
9 | prevention, treatment, and recovery services from other funds | ||||||
10 | made available to the Department of Human Services. The | ||||||
11 | Secretary of Human Services shall appoint or assign staff as | ||||||
12 | necessary to carry out the duties and functions of the Office. | ||||||
13 | (Source: P.A. 102-538, eff. 8-20-21; 102-699, eff. 4-19-22; | ||||||
14 | 103-8, eff. 6-7-23.) | ||||||
15 | (20 ILCS 301/5-20) | ||||||
16 | Sec. 5-20. Gambling disorders. | ||||||
17 | (a) Subject to appropriation, the Department shall | ||||||
18 | establish a program for public education, research, and | ||||||
19 | training regarding gambling disorders and the treatment and | ||||||
20 | prevention of gambling disorders. Subject to specific | ||||||
21 | appropriation for these stated purposes, the program must | ||||||
22 | include all of the following: | ||||||
23 | (1) Establishment and maintenance of a toll-free | ||||||
24 | hotline and website "800" telephone number to provide | ||||||
25 | crisis counseling and referral services for to families |
| |||||||
| |||||||
1 | experiencing difficulty related to a as a result of | ||||||
2 | gambling disorder disorders . | ||||||
3 | (2) Promotion of public awareness regarding the | ||||||
4 | recognition and prevention of gambling disorders. | ||||||
5 | Promotion of public awareness to create a gambling | ||||||
6 | informed State regarding the impact of gambling disorders | ||||||
7 | on individuals, families, and communities and the stigma | ||||||
8 | that surrounds gambling disorders. | ||||||
9 | (3) Facilitation, through in-service training , | ||||||
10 | certification promotion, and other innovative means, of | ||||||
11 | the availability of effective assistance programs for | ||||||
12 | gambling disorders. | ||||||
13 | (4) Conducting studies to , and through other | ||||||
14 | innovative means, identify adults and juveniles in this | ||||||
15 | State who have, or who are at risk of developing, gambling | ||||||
16 | disorders. | ||||||
17 | (5) Utilize screening, crisis intervention, treatment, | ||||||
18 | public awareness, prevention, in-service training, and | ||||||
19 | other innovative means, to decrease the incidents of | ||||||
20 | suicide attempts related to a gambling disorder or | ||||||
21 | gambling issues. | ||||||
22 | (b) Subject to appropriation, the Department shall either | ||||||
23 | establish and maintain the program or contract with a private | ||||||
24 | or public entity for the establishment and maintenance of the | ||||||
25 | program. Subject to appropriation, either the Department or | ||||||
26 | the private or public entity shall implement the hotline and |
| |||||||
| |||||||
1 | website toll-free telephone number , promote public awareness, | ||||||
2 | conduct research, fund treatment and recovery services, and | ||||||
3 | conduct in-service training concerning gambling disorders. | ||||||
4 | (c) The Department shall determine a statement regarding | ||||||
5 | obtaining assistance with a gambling disorder which each | ||||||
6 | licensed gambling establishment owner shall post and each | ||||||
7 | master sports wagering licensee shall include on the master | ||||||
8 | sports wagering licensee's portal, Internet website, or | ||||||
9 | computer or mobile application. Subject to appropriation, the | ||||||
10 | Department shall produce and supply the signs with the | ||||||
11 | statement as specified in Section 10.7 of the Illinois Lottery | ||||||
12 | Law, Section 34.1 of the Illinois Horse Racing Act of 1975, | ||||||
13 | Section 4.3 of the Bingo License and Tax Act, Section 8.1 of | ||||||
14 | the Charitable Games Act, Section 25.95 of the Sports Wagering | ||||||
15 | Act, and Section 13.1 of the Illinois Gambling Act , and the | ||||||
16 | Video Gaming Act . | ||||||
17 | (d) Programs; gambling disorder prevention. | ||||||
18 | (1) The Department may establish a program to provide | ||||||
19 | for the production and publication, in electronic and | ||||||
20 | other formats, of gambling prevention, recognition, | ||||||
21 | treatment, and recovery literature and other public | ||||||
22 | education methods. The Department may develop and | ||||||
23 | disseminate curricula for use by professionals, | ||||||
24 | organizations, individuals, or committees interested in | ||||||
25 | the prevention of gambling disorders. | ||||||
26 | (2) The Department may provide advice to State and |
| |||||||
| |||||||
1 | local officials on gambling disorders, including the | ||||||
2 | prevalence of gambling disorders, programs treating or | ||||||
3 | promoting prevention of gambling disorders, trends in | ||||||
4 | gambling disorder prevalence, and the relationship between | ||||||
5 | gaming and gambling disorders. | ||||||
6 | (3) The Department may support gambling disorder | ||||||
7 | prevention, recognition, treatment, and recovery projects | ||||||
8 | by facilitating the acquisition of gambling prevention | ||||||
9 | curriculums, providing trainings in gambling disorder | ||||||
10 | prevention best practices, connecting programs to health | ||||||
11 | care resources, establishing learning collaboratives | ||||||
12 | between localities and programs, and assisting programs in | ||||||
13 | navigating any regulatory requirements for establishing or | ||||||
14 | expanding such programs. | ||||||
15 | (4) In supporting best practices in gambling disorder | ||||||
16 | prevention programming, the Department may promote the | ||||||
17 | following programmatic elements: | ||||||
18 | (A) Providing funding for community-based | ||||||
19 | organizations to employ community health workers or | ||||||
20 | peer recovery specialists who are familiar with the | ||||||
21 | communities served and can provide culturally | ||||||
22 | competent services. | ||||||
23 | (B) Collaborating with other community-based | ||||||
24 | organizations, substance use disorder treatment | ||||||
25 | centers, or other health care providers engaged in | ||||||
26 | treating individuals who are experiencing gambling |
| |||||||
| |||||||
1 | disorder. | ||||||
2 | (C) Providing linkages for individuals to obtain | ||||||
3 | evidence-based gambling disorder treatment. | ||||||
4 | (D) Engaging individuals exiting jails or prisons | ||||||
5 | who are at a high risk of developing a gambling | ||||||
6 | disorder. | ||||||
7 | (E) Providing education and training to | ||||||
8 | community-based organizations who work directly with | ||||||
9 | individuals who are experiencing gambling disorders | ||||||
10 | and those individuals' families and communities. | ||||||
11 | (F) Providing education and training on gambling | ||||||
12 | disorder prevention and response to the judicial | ||||||
13 | system. | ||||||
14 | (G) Informing communities of the impact gambling | ||||||
15 | disorder has on suicidal ideation and suicide attempts | ||||||
16 | and the role health care professionals can have in | ||||||
17 | identifying appropriate treatment. | ||||||
18 | (H) Producing and distributing targeted mass media | ||||||
19 | materials on gambling disorder prevention and | ||||||
20 | response, and the potential dangers of gambling | ||||||
21 | related stigma. | ||||||
22 | (e) Grants. | ||||||
23 | (1) The Department may award grants, in accordance | ||||||
24 | with this subsection, to create or support local gambling | ||||||
25 | prevention, recognition, and response projects. Local | ||||||
26 | health departments, correctional institutions, hospitals, |
| |||||||
| |||||||
1 | universities, community-based organizations, and | ||||||
2 | faith-based organizations may apply to the Department for | ||||||
3 | a grant under this subsection at the time and in the manner | ||||||
4 | the Department prescribes. | ||||||
5 | (2) In awarding grants, the Department shall consider | ||||||
6 | the necessity for gambling disorder prevention projects in | ||||||
7 | various settings and shall encourage all grant applicants | ||||||
8 | to develop interventions that will be effective and viable | ||||||
9 | in their local areas. | ||||||
10 | (3) In addition to moneys appropriated by the General | ||||||
11 | Assembly, the Department may seek grants from private | ||||||
12 | foundations, the federal government, and other sources to | ||||||
13 | fund the grants under this Section and to fund an | ||||||
14 | evaluation of the programs supported by the grants. | ||||||
15 | (4) The Department may award grants to create or | ||||||
16 | support local gambling treatment programs. Such programs | ||||||
17 | may include prevention, early intervention, residential | ||||||
18 | and outpatient treatment, and recovery support services | ||||||
19 | for gambling disorders. Local health departments, | ||||||
20 | hospitals, universities, community-based organizations, | ||||||
21 | and faith-based organizations may apply to the Department | ||||||
22 | for a grant under this subsection at the time and in the | ||||||
23 | manner the Department prescribes. | ||||||
24 | (Source: P.A. 100-759, eff. 1-1-19; 101-31, eff. 6-28-19.) | ||||||
25 | (20 ILCS 301/10-10) |
| |||||||
| |||||||
1 | Sec. 10-10. Powers and duties of the Council. The Council | ||||||
2 | shall: | ||||||
3 | (a) Advise the Department on ways to encourage public | ||||||
4 | understanding and support of the Department's programs. | ||||||
5 | (b) Advise the Department on regulations and licensure | ||||||
6 | proposed by the Department. | ||||||
7 | (c) Advise the Department in the formulation, | ||||||
8 | preparation, and implementation of the annual plan | ||||||
9 | submitted with the federal Substance Use Disorder Block | ||||||
10 | Grant application for prevention, early intervention, | ||||||
11 | treatment, and other recovery support services for | ||||||
12 | substance use disorders. | ||||||
13 | (d) Advise the Department on implementation of | ||||||
14 | substance use and gambling disorder education and | ||||||
15 | prevention programs throughout the State. | ||||||
16 | (e) Assist with incorporating into the annual plan | ||||||
17 | submitted with the federal Substance Use Disorder Block | ||||||
18 | Grant application, planning information specific to | ||||||
19 | Illinois' female population. The information shall | ||||||
20 | contain, but need not be limited to, the types of services | ||||||
21 | funded, the population served, the support services | ||||||
22 | available, and the goals, objectives, proposed methods of | ||||||
23 | achievement, service projections and cost estimate for the | ||||||
24 | upcoming year. | ||||||
25 | (f) Perform other duties as requested by the | ||||||
26 | Secretary. |
| |||||||
| |||||||
1 | (g) Advise the Department in the planning, | ||||||
2 | development, and coordination of programs among all | ||||||
3 | agencies and departments of State government, including | ||||||
4 | programs to reduce substance use and gambling disorders, | ||||||
5 | prevent the misuse of illegal and legal drugs by persons | ||||||
6 | of all ages, prevent gambling and gambling behaviors while | ||||||
7 | gaming by minors, and prevent the use of alcohol by | ||||||
8 | minors. | ||||||
9 | (h) Promote and encourage participation by the private | ||||||
10 | sector, including business, industry, labor, and the | ||||||
11 | media, in programs to prevent substance use and gambling | ||||||
12 | disorders. | ||||||
13 | (i) Encourage the implementation of programs to | ||||||
14 | prevent substance use and gambling disorders in the public | ||||||
15 | and private schools and educational institutions. | ||||||
16 | (j) Gather information, conduct hearings, and make | ||||||
17 | recommendations to the Secretary concerning additions, | ||||||
18 | deletions, or rescheduling of substances under the | ||||||
19 | Illinois Controlled Substances Act. | ||||||
20 | (k) Report as requested to the General Assembly | ||||||
21 | regarding the activities and recommendations made by the | ||||||
22 | Council. | ||||||
23 | (Source: P.A. 100-759, eff. 1-1-19 .) | ||||||
24 | (20 ILCS 301/10-15) | ||||||
25 | Sec. 10-15. Qualification and appointment of members. The |
| |||||||
| |||||||
1 | membership of the Illinois Advisory Council may, as needed, | ||||||
2 | consist of: | ||||||
3 | (a) A State's Attorney designated by the President of | ||||||
4 | the Illinois State's Attorneys Association. | ||||||
5 | (b) A judge designated by the Chief Justice of the | ||||||
6 | Illinois Supreme Court. | ||||||
7 | (c) A Public Defender appointed by the President of | ||||||
8 | the Illinois Public Defender Association. | ||||||
9 | (d) A local law enforcement officer appointed by the | ||||||
10 | Governor. | ||||||
11 | (e) A labor representative appointed by the Governor. | ||||||
12 | (f) An educator appointed by the Governor. | ||||||
13 | (g) A physician licensed to practice medicine in all | ||||||
14 | its branches appointed by the Governor with due regard for | ||||||
15 | the appointee's knowledge of the field of substance use | ||||||
16 | disorders. | ||||||
17 | (h) 4 members of the Illinois House of | ||||||
18 | Representatives, 2 each appointed by the Speaker and | ||||||
19 | Minority Leader. | ||||||
20 | (i) 4 members of the Illinois Senate, 2 each appointed | ||||||
21 | by the President and Minority Leader. | ||||||
22 | (j) The Chief Executive Officer of the Illinois | ||||||
23 | Association for Behavioral Health or his or her designee. | ||||||
24 | (k) An advocate for the needs of youth appointed by | ||||||
25 | the Governor. | ||||||
26 | (l) The President of the Illinois State Medical |
| |||||||
| |||||||
1 | Society or his or her designee. | ||||||
2 | (m) The President of the Illinois Hospital Association | ||||||
3 | or his or her designee. | ||||||
4 | (n) The President of the Illinois Nurses Association | ||||||
5 | or a registered nurse designated by the President. | ||||||
6 | (o) The President of the Illinois Pharmacists | ||||||
7 | Association or a licensed pharmacist designated by the | ||||||
8 | President. | ||||||
9 | (p) The President of the Illinois Chapter of the | ||||||
10 | Association of Labor-Management Administrators and | ||||||
11 | Consultants on Alcoholism. | ||||||
12 | (p-1) The Chief Executive Officer of the Community | ||||||
13 | Behavioral Healthcare Association of Illinois or his or | ||||||
14 | her designee. | ||||||
15 | (q) The Attorney General or his or her designee. | ||||||
16 | (r) The State Comptroller or his or her designee. | ||||||
17 | (s) 20 public members, 8 appointed by the Governor, 3 | ||||||
18 | of whom shall be representatives of substance use or | ||||||
19 | gambling disorder treatment programs and one of whom shall | ||||||
20 | be a representative of a manufacturer or importing | ||||||
21 | distributor of alcoholic liquor licensed by the State of | ||||||
22 | Illinois, and 3 public members appointed by each of the | ||||||
23 | President and Minority Leader of the Senate and the | ||||||
24 | Speaker and Minority Leader of the House. | ||||||
25 | (t) The Director, Secretary, or other chief | ||||||
26 | administrative officer, ex officio, or his or her |
| |||||||
| |||||||
1 | designee, of each of the following: the Department on | ||||||
2 | Aging, the Department of Children and Family Services, the | ||||||
3 | Department of Corrections, the Department of Juvenile | ||||||
4 | Justice, the Department of Healthcare and Family Services, | ||||||
5 | the Department of Revenue, the Department of Public | ||||||
6 | Health, the Department of Financial and Professional | ||||||
7 | Regulation, the Illinois State Police, the Administrative | ||||||
8 | Office of the Illinois Courts, the Criminal Justice | ||||||
9 | Information Authority, and the Department of | ||||||
10 | Transportation. | ||||||
11 | (u) Each of the following, ex officio, or his or her | ||||||
12 | designee: the Secretary of State, the State Superintendent | ||||||
13 | of Education, and the Chairman of the Board of Higher | ||||||
14 | Education. | ||||||
15 | The public members may not be officers or employees of the | ||||||
16 | executive branch of State government; however, the public | ||||||
17 | members may be officers or employees of a State college or | ||||||
18 | university or of any law enforcement agency. In appointing | ||||||
19 | members, due consideration shall be given to the experience of | ||||||
20 | appointees in the fields of medicine, law, prevention, | ||||||
21 | correctional activities, and social welfare. Vacancies in the | ||||||
22 | public membership shall be filled for the unexpired term by | ||||||
23 | appointment in like manner as for original appointments, and | ||||||
24 | the appointive members shall serve until their successors are | ||||||
25 | appointed and have qualified. Vacancies among the public | ||||||
26 | members appointed by the legislative leaders shall be filled |
| |||||||
| |||||||
1 | by the leader of the same house and of the same political party | ||||||
2 | as the leader who originally appointed the member. | ||||||
3 | Each non-appointive member may designate a representative | ||||||
4 | to serve in his place by written notice to the Department. All | ||||||
5 | General Assembly members shall serve until their respective | ||||||
6 | successors are appointed or until termination of their | ||||||
7 | legislative service, whichever occurs first. The terms of | ||||||
8 | office for each of the members appointed by the Governor shall | ||||||
9 | be for 3 years, except that of the members first appointed, 3 | ||||||
10 | shall be appointed for a term of one year, and 4 shall be | ||||||
11 | appointed for a term of 2 years. The terms of office of each of | ||||||
12 | the public members appointed by the legislative leaders shall | ||||||
13 | be for 2 years. | ||||||
14 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
15 | (20 ILCS 301/15-5) | ||||||
16 | Sec. 15-5. Applicability. | ||||||
17 | (a) It is unlawful for any person to provide treatment for | ||||||
18 | substance use or gambling disorders or to provide services as | ||||||
19 | specified in subsections (a) and (b) of Section 15-10 of this | ||||||
20 | Act unless the person is licensed to do so by the Department. | ||||||
21 | The performance of these activities by any person in violation | ||||||
22 | of this Act is declared to be inimical to the public health and | ||||||
23 | welfare, and to be a public nuisance. The Department may | ||||||
24 | undertake such inspections and investigations as it deems | ||||||
25 | appropriate to determine whether licensable activities are |
| |||||||
| |||||||
1 | being conducted without the requisite license. | ||||||
2 | (b) Nothing in this Act shall be construed to require any | ||||||
3 | hospital, as defined by the Hospital Licensing Act, required | ||||||
4 | to have a license from the Department of Public Health | ||||||
5 | pursuant to the Hospital Licensing Act to obtain any license | ||||||
6 | under this Act for any substance use disorder treatment | ||||||
7 | services operated on the licensed premises of the hospital, | ||||||
8 | and operated by the hospital or its designated agent, provided | ||||||
9 | that such services are covered within the scope of the | ||||||
10 | Hospital Licensing Act. No person or facility required to be | ||||||
11 | licensed under this Act shall be required to obtain a license | ||||||
12 | pursuant to the Hospital Licensing Act or the Child Care Act of | ||||||
13 | 1969. | ||||||
14 | (c) Nothing in this Act shall be construed to require an | ||||||
15 | individual employee of a licensed program to be licensed under | ||||||
16 | this Act. | ||||||
17 | (d) Nothing in this Act shall be construed to require any | ||||||
18 | private professional practice, whether by an individual | ||||||
19 | practitioner, by a partnership, or by a duly incorporated | ||||||
20 | professional service corporation, that provides outpatient | ||||||
21 | treatment for substance use disorders to be licensed under | ||||||
22 | this Act, provided that the treatment is rendered personally | ||||||
23 | by the professional in his own name and the professional is | ||||||
24 | authorized by individual professional licensure or | ||||||
25 | registration from the Department of Financial and Professional | ||||||
26 | Regulation to provide substance use disorder treatment |
| |||||||
| |||||||
1 | unsupervised. This exemption shall not apply to such private | ||||||
2 | professional practice that provides or holds itself out, as | ||||||
3 | defined in Section 1-10, as providing substance use disorder | ||||||
4 | outpatient treatment. This exemption shall also not apply to | ||||||
5 | licensable intervention services, research, or residential | ||||||
6 | treatment services as defined in this Act or by rule. | ||||||
7 | Notwithstanding any other provisions of this subsection to | ||||||
8 | the contrary, persons licensed to practice medicine in all of | ||||||
9 | its branches in Illinois shall not require licensure under | ||||||
10 | this Act unless their private professional practice provides | ||||||
11 | and holds itself out, as defined in Section 1-10, as providing | ||||||
12 | substance use disorder outpatient treatment. | ||||||
13 | (e) Nothing in this Act shall be construed to require any | ||||||
14 | employee assistance program operated by an employer or any | ||||||
15 | intervenor program operated by a professional association to | ||||||
16 | obtain any license pursuant to this Act to perform services | ||||||
17 | that do not constitute licensable treatment or intervention as | ||||||
18 | defined in this Act. | ||||||
19 | (f) Before any violation of this Act is reported by the | ||||||
20 | Department or any of its agents to any State's Attorney for the | ||||||
21 | institution of a criminal proceeding, the person against whom | ||||||
22 | such proceeding is contemplated shall be given appropriate | ||||||
23 | notice and an opportunity to present his views before the | ||||||
24 | Department or its designated agent, either orally or in | ||||||
25 | writing, in person or by an attorney, with regard to such | ||||||
26 | contemplated proceeding. Nothing in this Act shall be |
| |||||||
| |||||||
1 | construed as requiring the Department to report minor | ||||||
2 | violations of this Act whenever the Department believes that | ||||||
3 | the public interest would be adequately served by a suitable | ||||||
4 | written notice or warning. | ||||||
5 | (Source: P.A. 100-759, eff. 1-1-19 .) | ||||||
6 | (20 ILCS 301/15-10) | ||||||
7 | Sec. 15-10. Licensure categories and services. No person | ||||||
8 | or program may provide the services or conduct the activities | ||||||
9 | described in this Section without first obtaining a license | ||||||
10 | therefor from the Department, unless otherwise exempted under | ||||||
11 | this Act. The Department shall, by rule, provide requirements | ||||||
12 | for each of the following types of licenses and categories of | ||||||
13 | service: | ||||||
14 | (a) Treatment: Categories of treatment service for a | ||||||
15 | substance use or gambling disorder authorized by a | ||||||
16 | treatment license are Early Intervention, Outpatient, | ||||||
17 | Intensive Outpatient/Partial Hospitalization, Subacute | ||||||
18 | Residential/Inpatient, and Withdrawal Management. | ||||||
19 | Medication assisted treatment that includes methadone used | ||||||
20 | for an opioid use disorder can be licensed as an adjunct to | ||||||
21 | any of the treatment levels of care specified in this | ||||||
22 | Section. | ||||||
23 | (b) Intervention: Categories of intervention service | ||||||
24 | authorized by an intervention license are DUI Evaluation, | ||||||
25 | DUI Risk Education, Designated Program, and Recovery Homes |
| |||||||
| |||||||
1 | for persons in any stage of recovery from a substance use | ||||||
2 | or gambling disorder. Harm Reduction Services is another | ||||||
3 | category of intervention licensure that may be issued if | ||||||
4 | and when legal authorization is adopted to allow for | ||||||
5 | services and upon adoption of administrative or funding | ||||||
6 | rules that govern the delivery of these services. | ||||||
7 | The Department may, under procedures established by rule | ||||||
8 | and upon a showing of good cause for such, exempt off-site | ||||||
9 | services from having to obtain a separate license for services | ||||||
10 | conducted away from the provider's licensed location. | ||||||
11 | (Source: P.A. 100-759, eff. 1-1-19 .) | ||||||
12 | (20 ILCS 301/20-5) | ||||||
13 | Sec. 20-5. Development of statewide prevention system. | ||||||
14 | (a) The Department shall develop and implement a | ||||||
15 | comprehensive, statewide, community-based strategy to reduce | ||||||
16 | substance use and gambling disorders and prevent the misuse of | ||||||
17 | illegal and legal drugs by persons of all ages, and to prevent | ||||||
18 | the use of alcohol by minors. The system created to implement | ||||||
19 | this strategy shall be based on the premise that coordination | ||||||
20 | among and integration between all community and governmental | ||||||
21 | systems will facilitate effective and efficient program | ||||||
22 | implementation and utilization of existing resources. | ||||||
23 | (b) The statewide system developed under this Section may | ||||||
24 | be adopted by administrative rule or funded as a grant award | ||||||
25 | condition and shall be responsible for: |
| |||||||
| |||||||
1 | (1) Providing programs and technical assistance to | ||||||
2 | improve the ability of Illinois communities and schools to | ||||||
3 | develop, implement and evaluate prevention programs. | ||||||
4 | (2) Initiating and fostering continuing cooperation | ||||||
5 | among the Department, Department-funded prevention | ||||||
6 | programs, other community-based prevention providers and | ||||||
7 | other State, regional, or local systems or agencies that | ||||||
8 | have an interest in substance use disorder prevention. | ||||||
9 | (c) In developing, implementing, and advocating for this | ||||||
10 | statewide strategy and system, the Department may engage in, | ||||||
11 | but shall not be limited to, the following activities: | ||||||
12 | (1) Establishing and conducting programs to provide | ||||||
13 | awareness and knowledge of the nature and extent of | ||||||
14 | substance use and gambling disorders and their effect on | ||||||
15 | individuals, families, and communities. | ||||||
16 | (2) Conducting or providing prevention skill building | ||||||
17 | or education through the use of structured experiences. | ||||||
18 | (3) Developing, supporting, and advocating with new | ||||||
19 | and existing local community coalitions or | ||||||
20 | neighborhood-based grassroots networks using action | ||||||
21 | planning and collaborative systems to initiate change | ||||||
22 | regarding substance use and gambling disorders in their | ||||||
23 | communities. | ||||||
24 | (4) Encouraging, supporting, and advocating for | ||||||
25 | programs and activities that emphasize alcohol-free and | ||||||
26 | other drug-free lifestyles. |
| |||||||
| |||||||
1 | (5) Drafting and implementing efficient plans for the | ||||||
2 | use of available resources to address issues of substance | ||||||
3 | use disorder prevention. | ||||||
4 | (6) Coordinating local programs of alcoholism and | ||||||
5 | other drug abuse education and prevention. | ||||||
6 | (7) Encouraging the development of local advisory | ||||||
7 | councils. | ||||||
8 | (d) In providing leadership to this system, the Department | ||||||
9 | shall take into account, wherever possible, the needs and | ||||||
10 | requirements of local communities. The Department shall also | ||||||
11 | involve, wherever possible, local communities in its statewide | ||||||
12 | planning efforts. These planning efforts shall include, but | ||||||
13 | shall not be limited to, in cooperation with local community | ||||||
14 | representatives and Department-funded agencies, the analysis | ||||||
15 | and application of results of local needs assessments, as well | ||||||
16 | as a process for the integration of an evaluation component | ||||||
17 | into the system. The results of this collaborative planning | ||||||
18 | effort shall be taken into account by the Department in making | ||||||
19 | decisions regarding the allocation of prevention resources. | ||||||
20 | (e) Prevention programs funded in whole or in part by the | ||||||
21 | Department shall maintain staff whose skills, training, | ||||||
22 | experiences and cultural awareness demonstrably match the | ||||||
23 | needs of the people they are serving. | ||||||
24 | (f) The Department may delegate the functions and | ||||||
25 | activities described in subsection (c) of this Section to | ||||||
26 | local, community-based providers. |
| |||||||
| |||||||
1 | (Source: P.A. 100-759, eff. 1-1-19 .) | ||||||
2 | (20 ILCS 301/25-5) | ||||||
3 | Sec. 25-5. Establishment of comprehensive treatment | ||||||
4 | system. The Department shall develop, fund and implement a | ||||||
5 | comprehensive, statewide, community-based system for the | ||||||
6 | provision of early intervention, treatment, and recovery | ||||||
7 | support services for persons suffering from substance use or | ||||||
8 | gambling disorders. The system created under this Section | ||||||
9 | shall be based on the premise that coordination among and | ||||||
10 | integration between all community and governmental systems | ||||||
11 | will facilitate effective and efficient program implementation | ||||||
12 | and utilization of existing resources. | ||||||
13 | (Source: P.A. 100-759, eff. 1-1-19 .) | ||||||
14 | (20 ILCS 301/25-10) | ||||||
15 | Sec. 25-10. Promulgation of regulations. The Department | ||||||
16 | shall adopt regulations for licensure, certification for | ||||||
17 | Medicaid reimbursement, and to identify evidence-based best | ||||||
18 | practice criteria that can be utilized for intervention and | ||||||
19 | treatment services, taking into consideration available | ||||||
20 | resources and facilities, for the purpose of early and | ||||||
21 | effective treatment of substance use and gambling disorders. | ||||||
22 | (Source: P.A. 100-759, eff. 1-1-19 .) | ||||||
23 | (20 ILCS 301/30-5) |
| |||||||
| |||||||
1 | Sec. 30-5. Patients' rights established. | ||||||
2 | (a) For purposes of this Section, "patient" means any | ||||||
3 | person who is receiving or has received early intervention, | ||||||
4 | treatment, or other recovery support services under this Act | ||||||
5 | or any category of service licensed as "intervention" under | ||||||
6 | this Act. | ||||||
7 | (b) No patient shall be deprived of any rights, benefits, | ||||||
8 | or privileges guaranteed by law, the Constitution of the | ||||||
9 | United States of America, or the Constitution of the State of | ||||||
10 | Illinois solely because of his or her status as a patient. | ||||||
11 | (c) Persons who have substance use or gambling disorders | ||||||
12 | who are also suffering from medical conditions shall not be | ||||||
13 | discriminated against in admission or treatment by any | ||||||
14 | hospital that receives support in any form supported in whole | ||||||
15 | or in part by funds appropriated to any State department or | ||||||
16 | agency. | ||||||
17 | (d) Every patient shall have impartial access to services | ||||||
18 | without regard to race, religion, sex, ethnicity, age, sexual | ||||||
19 | orientation, gender identity, marital status, or other | ||||||
20 | disability. | ||||||
21 | (e) Patients shall be permitted the free exercise of | ||||||
22 | religion. | ||||||
23 | (f) Every patient's personal dignity shall be recognized | ||||||
24 | in the provision of services, and a patient's personal privacy | ||||||
25 | shall be assured and protected within the constraints of his | ||||||
26 | or her individual treatment. |
| |||||||
| |||||||
1 | (g) Treatment services shall be provided in the least | ||||||
2 | restrictive environment possible. | ||||||
3 | (h) Each patient receiving treatment services shall be | ||||||
4 | provided an individual treatment plan, which shall be | ||||||
5 | periodically reviewed and updated as mandated by | ||||||
6 | administrative rule. | ||||||
7 | (i) Treatment shall be person-centered, meaning that every | ||||||
8 | patient shall be permitted to participate in the planning of | ||||||
9 | his or her total care and medical treatment to the extent that | ||||||
10 | his or her condition permits. | ||||||
11 | (j) A person shall not be denied treatment solely because | ||||||
12 | he or she has withdrawn from treatment against medical advice | ||||||
13 | on a prior occasion or had prior treatment episodes. | ||||||
14 | (k) The patient in residential treatment shall be | ||||||
15 | permitted visits by family and significant others, unless such | ||||||
16 | visits are clinically contraindicated. | ||||||
17 | (l) A patient in residential treatment shall be allowed to | ||||||
18 | conduct private telephone conversations with family and | ||||||
19 | friends unless clinically contraindicated. | ||||||
20 | (m) A patient in residential treatment shall be permitted | ||||||
21 | to send and receive mail without hindrance, unless clinically | ||||||
22 | contraindicated. | ||||||
23 | (n) A patient shall be permitted to manage his or her own | ||||||
24 | financial affairs unless the patient or the patient's | ||||||
25 | guardian, or if the patient is a minor, the patient's parent, | ||||||
26 | authorizes another competent person to do so. |
| |||||||
| |||||||
1 | (o) A patient shall be permitted to request the opinion of | ||||||
2 | a consultant at his or her own expense, or to request an | ||||||
3 | in-house review of a treatment plan, as provided in the | ||||||
4 | specific procedures of the provider. A treatment provider is | ||||||
5 | not liable for the negligence of any consultant. | ||||||
6 | (p) Unless otherwise prohibited by State or federal law, | ||||||
7 | every patient shall be permitted to obtain from his or her own | ||||||
8 | physician, the treatment provider, or the treatment provider's | ||||||
9 | consulting physician complete and current information | ||||||
10 | concerning the nature of care, procedures, and treatment that | ||||||
11 | he or she will receive. | ||||||
12 | (q) A patient shall be permitted to refuse to participate | ||||||
13 | in any experimental research or medical procedure without | ||||||
14 | compromising his or her access to other, non-experimental | ||||||
15 | services. Before a patient is placed in an experimental | ||||||
16 | research or medical procedure, the provider must first obtain | ||||||
17 | his or her informed written consent or otherwise comply with | ||||||
18 | the federal requirements regarding the protection of human | ||||||
19 | subjects contained in 45 CFR Part 46. | ||||||
20 | (r) All medical treatment and procedures shall be | ||||||
21 | administered as ordered by a physician and in accordance with | ||||||
22 | all Department rules. | ||||||
23 | (s) Every patient in treatment shall be permitted to | ||||||
24 | refuse medical treatment and to know the consequences of such | ||||||
25 | action. Such refusal by a patient shall free the treatment | ||||||
26 | licensee from the obligation to provide the treatment. |
| |||||||
| |||||||
1 | (t) Unless otherwise prohibited by State or federal law, | ||||||
2 | every patient, patient's guardian, or parent, if the patient | ||||||
3 | is a minor, shall be permitted to inspect and copy all clinical | ||||||
4 | and other records kept by the intervention or treatment | ||||||
5 | licensee or by his or her physician concerning his or her care | ||||||
6 | and maintenance. The licensee or physician may charge a | ||||||
7 | reasonable fee for the duplication of a record. | ||||||
8 | (u) No owner, licensee, administrator, employee, or agent | ||||||
9 | of a licensed intervention or treatment program shall abuse or | ||||||
10 | neglect a patient. It is the duty of any individual who becomes | ||||||
11 | aware of such abuse or neglect to report it to the Department | ||||||
12 | immediately. | ||||||
13 | (v) The licensee may refuse access to any person if the | ||||||
14 | actions of that person are or could be injurious to the health | ||||||
15 | and safety of a patient or the licensee, or if the person seeks | ||||||
16 | access for commercial purposes. | ||||||
17 | (w) All patients admitted to community-based treatment | ||||||
18 | facilities shall be considered voluntary treatment patients | ||||||
19 | and such patients shall not be contained within a locked | ||||||
20 | setting. | ||||||
21 | (x) Patients and their families or legal guardians shall | ||||||
22 | have the right to present complaints to the provider or the | ||||||
23 | Department concerning the quality of care provided to the | ||||||
24 | patient, without threat of discharge or reprisal in any form | ||||||
25 | or manner whatsoever. The complaint process and procedure | ||||||
26 | shall be adopted by the Department by rule. The treatment |
| |||||||
| |||||||
1 | provider shall have in place a mechanism for receiving and | ||||||
2 | responding to such complaints, and shall inform the patient | ||||||
3 | and the patient's family or legal guardian of this mechanism | ||||||
4 | and how to use it. The provider shall analyze any complaint | ||||||
5 | received and, when indicated, take appropriate corrective | ||||||
6 | action. Every patient and his or her family member or legal | ||||||
7 | guardian who makes a complaint shall receive a timely response | ||||||
8 | from the provider that substantively addresses the complaint. | ||||||
9 | The provider shall inform the patient and the patient's family | ||||||
10 | or legal guardian about other sources of assistance if the | ||||||
11 | provider has not resolved the complaint to the satisfaction of | ||||||
12 | the patient or the patient's family or legal guardian. | ||||||
13 | (y) A patient may refuse to perform labor at a program | ||||||
14 | unless such labor is a part of the patient's individual | ||||||
15 | treatment plan as documented in the patient's clinical record. | ||||||
16 | (z) A person who is in need of services may apply for | ||||||
17 | voluntary admission in the manner and with the rights provided | ||||||
18 | for under regulations promulgated by the Department. If a | ||||||
19 | person is refused admission, then staff, subject to rules | ||||||
20 | promulgated by the Department, shall refer the person to | ||||||
21 | another facility or to other appropriate services. | ||||||
22 | (aa) No patient shall be denied services based solely on | ||||||
23 | HIV status. Further, records and information governed by the | ||||||
24 | AIDS Confidentiality Act and the AIDS Confidentiality and | ||||||
25 | Testing Code (77 Ill. Adm. Code 697) shall be maintained in | ||||||
26 | accordance therewith. |
| |||||||
| |||||||
1 | (bb) Records of the identity, diagnosis, prognosis or | ||||||
2 | treatment of any patient maintained in connection with the | ||||||
3 | performance of any service or activity relating to substance | ||||||
4 | use or gambling disorder education, early intervention, | ||||||
5 | intervention, training, or treatment that is regulated, | ||||||
6 | authorized, or directly or indirectly assisted by any | ||||||
7 | Department or agency of this State or under any provision of | ||||||
8 | this Act shall be confidential and may be disclosed only in | ||||||
9 | accordance with the provisions of federal law and regulations | ||||||
10 | concerning the confidentiality of substance use disorder | ||||||
11 | patient records as contained in 42 U.S.C. Sections 290dd-2 and | ||||||
12 | 42 CFR Part 2, or any successor federal statute or regulation. | ||||||
13 | (1) The following are exempt from the confidentiality | ||||||
14 | protections set forth in 42 CFR Section 2.12(c): | ||||||
15 | (A) Veteran's Administration records. | ||||||
16 | (B) Information obtained by the Armed Forces. | ||||||
17 | (C) Information given to qualified service | ||||||
18 | organizations. | ||||||
19 | (D) Communications within a program or between a | ||||||
20 | program and an entity having direct administrative | ||||||
21 | control over that program. | ||||||
22 | (E) Information given to law enforcement personnel | ||||||
23 | investigating a patient's commission of a crime on the | ||||||
24 | program premises or against program personnel. | ||||||
25 | (F) Reports under State law of incidents of | ||||||
26 | suspected child abuse and neglect; however, |
| |||||||
| |||||||
1 | confidentiality restrictions continue to apply to the | ||||||
2 | records and any follow-up information for disclosure | ||||||
3 | and use in civil or criminal proceedings arising from | ||||||
4 | the report of suspected abuse or neglect. | ||||||
5 | (2) If the information is not exempt, a disclosure can | ||||||
6 | be made only under the following circumstances: | ||||||
7 | (A) With patient consent as set forth in 42 CFR | ||||||
8 | Sections 2.1(b)(1) and 2.31, and as consistent with | ||||||
9 | pertinent State law. | ||||||
10 | (B) For medical emergencies as set forth in 42 CFR | ||||||
11 | Sections 2.1(b)(2) and 2.51. | ||||||
12 | (C) For research activities as set forth in 42 CFR | ||||||
13 | Sections 2.1(b)(2) and 2.52. | ||||||
14 | (D) For audit evaluation activities as set forth | ||||||
15 | in 42 CFR Section 2.53. | ||||||
16 | (E) With a court order as set forth in 42 CFR | ||||||
17 | Sections 2.61 through 2.67. | ||||||
18 | (3) The restrictions on disclosure and use of patient | ||||||
19 | information apply whether the holder of the information | ||||||
20 | already has it, has other means of obtaining it, is a law | ||||||
21 | enforcement or other official, has obtained a subpoena, or | ||||||
22 | asserts any other justification for a disclosure or use | ||||||
23 | that is not permitted by 42 CFR Part 2. Any court orders | ||||||
24 | authorizing disclosure of patient records under this Act | ||||||
25 | must comply with the procedures and criteria set forth in | ||||||
26 | 42 CFR Sections 2.64 and 2.65. Except as authorized by a |
| |||||||
| |||||||
1 | court order granted under this Section, no record referred | ||||||
2 | to in this Section may be used to initiate or substantiate | ||||||
3 | any charges against a patient or to conduct any | ||||||
4 | investigation of a patient. | ||||||
5 | (4) The prohibitions of this subsection shall apply to | ||||||
6 | records concerning any person who has been a patient, | ||||||
7 | regardless of whether or when the person ceases to be a | ||||||
8 | patient. | ||||||
9 | (5) Any person who discloses the content of any record | ||||||
10 | referred to in this Section except as authorized shall, | ||||||
11 | upon conviction, be guilty of a Class A misdemeanor. | ||||||
12 | (6) The Department shall prescribe regulations to | ||||||
13 | carry out the purposes of this subsection. These | ||||||
14 | regulations may contain such definitions, and may provide | ||||||
15 | for such safeguards and procedures, including procedures | ||||||
16 | and criteria for the issuance and scope of court orders, | ||||||
17 | as in the judgment of the Department are necessary or | ||||||
18 | proper to effectuate the purposes of this Section, to | ||||||
19 | prevent circumvention or evasion thereof, or to facilitate | ||||||
20 | compliance therewith. | ||||||
21 | (cc) Each patient shall be given a written explanation of | ||||||
22 | all the rights enumerated in this Section and a copy, signed by | ||||||
23 | the patient, shall be kept in every patient record. If a | ||||||
24 | patient is unable to read such written explanation, it shall | ||||||
25 | be read to the patient in a language that the patient | ||||||
26 | understands. A copy of all the rights enumerated in this |
| |||||||
| |||||||
1 | Section shall be posted in a conspicuous place within the | ||||||
2 | program where it may readily be seen and read by program | ||||||
3 | patients and visitors. | ||||||
4 | (dd) The program shall ensure that its staff is familiar | ||||||
5 | with and observes the rights and responsibilities enumerated | ||||||
6 | in this Section. | ||||||
7 | (ee) Licensed organizations shall comply with the right of | ||||||
8 | any adolescent to consent to treatment without approval of the | ||||||
9 | parent or legal guardian in accordance with the Consent by | ||||||
10 | Minors to Health Care Services Act. | ||||||
11 | (ff) At the point of admission for services, licensed | ||||||
12 | organizations must obtain written informed consent, as defined | ||||||
13 | in Section 1-10 and in administrative rule, from each client, | ||||||
14 | patient, or legal guardian. | ||||||
15 | (Source: P.A. 102-813, eff. 5-13-22.) | ||||||
16 | (20 ILCS 301/35-5) | ||||||
17 | Sec. 35-5. Services for pregnant women and mothers. | ||||||
18 | (a) In order to promote a comprehensive, statewide and | ||||||
19 | multidisciplinary approach to serving pregnant women and | ||||||
20 | mothers, including those who are minors, and their children | ||||||
21 | who are affected by substance use or gambling disorders, the | ||||||
22 | Department shall have responsibility for an ongoing exchange | ||||||
23 | of referral information among the following: | ||||||
24 | (1) those who provide medical and social services to | ||||||
25 | pregnant women, mothers and their children, whether or not |
| |||||||
| |||||||
1 | there exists evidence of a substance use or gambling | ||||||
2 | disorder. These include any other State-funded medical or | ||||||
3 | social services to pregnant women. | ||||||
4 | (2) providers of treatment services to women affected | ||||||
5 | by substance use or gambling disorders. | ||||||
6 | (b) (Blank). | ||||||
7 | (c) (Blank). | ||||||
8 | (d) (Blank). | ||||||
9 | (e) (Blank). | ||||||
10 | (f) The Department shall develop and maintain an updated | ||||||
11 | and comprehensive directory of licensed providers that deliver | ||||||
12 | treatment and intervention services. The Department shall post | ||||||
13 | on its website a licensed provider directory updated at least | ||||||
14 | quarterly. | ||||||
15 | (g) As a condition of any State grant or contract, the | ||||||
16 | Department shall require that any treatment program for women | ||||||
17 | with substance use or gambling disorders provide services, | ||||||
18 | either by its own staff or by agreement with other agencies or | ||||||
19 | individuals, which include but need not be limited to the | ||||||
20 | following: | ||||||
21 | (1) coordination with any program providing case | ||||||
22 | management services to ensure ongoing monitoring and | ||||||
23 | coordination of services after the addicted woman has | ||||||
24 | returned home. | ||||||
25 | (2) coordination with medical services for individual | ||||||
26 | medical care of pregnant women, including prenatal care |
| |||||||
| |||||||
1 | under the supervision of a physician. | ||||||
2 | (3) coordination with child care services. | ||||||
3 | (h) As a condition of any State grant or contract, the | ||||||
4 | Department shall require that any nonresidential program | ||||||
5 | receiving any funding for treatment services accept women who | ||||||
6 | are pregnant, provided that such services are clinically | ||||||
7 | appropriate. Failure to comply with this subsection shall | ||||||
8 | result in termination of the grant or contract and loss of | ||||||
9 | State funding. | ||||||
10 | (i)(1) From funds appropriated expressly for the purposes | ||||||
11 | of this Section, the Department shall create or contract with | ||||||
12 | licensed, certified agencies to develop a program for the care | ||||||
13 | and treatment of pregnant women, mothers and their children. | ||||||
14 | The program shall be in Cook County in an area of high density | ||||||
15 | population having a disproportionate number of women with | ||||||
16 | substance use and other disorders and a high infant mortality | ||||||
17 | rate. | ||||||
18 | (2) From funds appropriated expressly for the purposes of | ||||||
19 | this Section, the Department shall create or contract with | ||||||
20 | licensed, certified agencies to develop a program for the care | ||||||
21 | and treatment of low income pregnant women. The program shall | ||||||
22 | be located anywhere in the State outside of Cook County in an | ||||||
23 | area of high density population having a disproportionate | ||||||
24 | number of low income pregnant women. | ||||||
25 | (3) In implementing the programs established under this | ||||||
26 | subsection, the Department shall contract with existing |
| |||||||
| |||||||
1 | residential treatment or recovery homes in areas having a | ||||||
2 | disproportionate number of women with substance use and other | ||||||
3 | disorders who need residential treatment. Priority shall be | ||||||
4 | given to women who: | ||||||
5 | (A) are pregnant, especially if they are intravenous | ||||||
6 | drug users, | ||||||
7 | (B) have minor children, | ||||||
8 | (C) are both pregnant and have minor children, or | ||||||
9 | (D) are referred by medical personnel because they | ||||||
10 | either have given birth to a baby with a substance use | ||||||
11 | disorder, or will give birth to a baby with a substance use | ||||||
12 | disorder. | ||||||
13 | (4) The services provided by the programs shall include | ||||||
14 | but not be limited to: | ||||||
15 | (A) individual medical care, including prenatal care, | ||||||
16 | under the supervision of a physician. | ||||||
17 | (B) temporary, residential shelter for pregnant women, | ||||||
18 | mothers and children when necessary. | ||||||
19 | (C) a range of educational or counseling services. | ||||||
20 | (D) comprehensive and coordinated social services, | ||||||
21 | including therapy groups for the treatment of substance | ||||||
22 | use disorders; family therapy groups; programs to develop | ||||||
23 | positive self-awareness; parent-child therapy; and | ||||||
24 | residential support groups. | ||||||
25 | (5) (Blank). | ||||||
26 | (Source: P.A. 100-759, eff. 1-1-19 .) |
| |||||||
| |||||||
1 | (20 ILCS 301/35-10) | ||||||
2 | Sec. 35-10. Adolescent Family Life Program. | ||||||
3 | (a) The General Assembly finds and declares the following: | ||||||
4 | (1) In Illinois, a substantial number of babies are | ||||||
5 | born each year to adolescent mothers between 12 and 19 | ||||||
6 | years of age. | ||||||
7 | (2) A substantial percentage of pregnant adolescents | ||||||
8 | have substance use disorders or live in environments in | ||||||
9 | which substance use disorders occur and thus are at risk | ||||||
10 | of exposing their infants to dangerous and harmful | ||||||
11 | circumstances. | ||||||
12 | (3) It is difficult to provide substance use disorder | ||||||
13 | counseling for adolescents in settings designed to serve | ||||||
14 | adults. | ||||||
15 | (b) To address the findings set forth in subsection (a), | ||||||
16 | and subject to appropriation, the Department may establish and | ||||||
17 | fund treatment strategies to meet the developmental, social, | ||||||
18 | and educational needs of high-risk pregnant adolescents and | ||||||
19 | shall do the following: | ||||||
20 | (1) To the maximum extent feasible and appropriate, | ||||||
21 | utilize existing services and funding rather than create | ||||||
22 | new, duplicative services. | ||||||
23 | (2) Include plans for coordination and collaboration | ||||||
24 | with existing perinatal substance use disorder services. | ||||||
25 | (3) Include goals and objectives for reducing the |
| |||||||
| |||||||
1 | incidence of high-risk pregnant adolescents. | ||||||
2 | (4) Be culturally and linguistically appropriate to | ||||||
3 | the population being served. | ||||||
4 | (5) Include staff development training by substance | ||||||
5 | use and other disorder counselors. | ||||||
6 | As used in this Section, "high-risk pregnant adolescent" | ||||||
7 | means a person at least 12 but not more than 18 years of age | ||||||
8 | with a substance use or other disorder who is pregnant. | ||||||
9 | (c) (Blank). | ||||||
10 | (Source: P.A. 100-759, eff. 1-1-19 .) | ||||||
11 | (20 ILCS 301/50-40) | ||||||
12 | Sec. 50-40. Group Home Loan Revolving Fund. | ||||||
13 | (a) There is hereby established the Group Home Loan | ||||||
14 | Revolving Fund, referred to in this Section as the "fund", to | ||||||
15 | be held as a separate fund within the State Treasury. Monies in | ||||||
16 | this fund shall be appropriated to the Department on a | ||||||
17 | continuing annual basis. With these funds, the Department | ||||||
18 | shall, directly or through subcontract, make loans to assist | ||||||
19 | in underwriting the costs of housing in which there may reside | ||||||
20 | individuals who are recovering from substance use or gambling | ||||||
21 | disorders, and who are seeking an alcohol-free , gambling-free, | ||||||
22 | or drug-free environment in which to live. Consistent with | ||||||
23 | federal law and regulation, the Department may establish | ||||||
24 | guidelines for approving the use and management of monies | ||||||
25 | loaned from the fund, the operation of group homes receiving |
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1 | loans under this Section and the repayment of monies loaned. | ||||||
2 | (b) There shall be deposited into the fund such amounts | ||||||
3 | including, but not limited to: | ||||||
4 | (1) All receipts, including principal and interest | ||||||
5 | payments and royalties, from any applicable loan agreement | ||||||
6 | made from the fund. | ||||||
7 | (2) All proceeds of assets of whatever nature received | ||||||
8 | by the Department as a result of default or delinquency | ||||||
9 | with respect to loan agreements made from the fund, | ||||||
10 | including proceeds from the sale, disposal, lease or | ||||||
11 | rental of real or personal property that the Department | ||||||
12 | may receive as a result thereof. | ||||||
13 | (3) Any direct appropriations made by the General | ||||||
14 | Assembly, or any gifts or grants made by any person to the | ||||||
15 | fund. | ||||||
16 | (4) Any income received from interest on investments | ||||||
17 | of monies in the fund. | ||||||
18 | (c) The Treasurer may invest monies in the fund in | ||||||
19 | securities constituting obligations of the United States | ||||||
20 | government, or in obligations the principal of and interest on | ||||||
21 | which are guaranteed by the United States government, or in | ||||||
22 | certificates of deposit of any State or national bank which | ||||||
23 | are fully secured by obligations guaranteed as to principal | ||||||
24 | and interest by the United States government. | ||||||
25 | (Source: P.A. 100-759, eff. 1-1-19 .) |
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1 | (20 ILCS 301/55-30) | ||||||
2 | Sec. 55-30. Rate increase. | ||||||
3 | (a) The Department shall by rule develop the increased | ||||||
4 | rate methodology and annualize the increased rate beginning | ||||||
5 | with State fiscal year 2018 contracts to licensed providers of | ||||||
6 | community-based substance use and gambling disorders disorder | ||||||
7 | intervention or treatment, based on the additional amounts | ||||||
8 | appropriated for the purpose of providing a rate increase to | ||||||
9 | licensed providers. The Department shall adopt rules, | ||||||
10 | including emergency rules under subsection (y) of Section 5-45 | ||||||
11 | of the Illinois Administrative Procedure Act, to implement the | ||||||
12 | provisions of this Section. | ||||||
13 | (b) (Blank). | ||||||
14 | (c) Beginning on July 1, 2022, the Division of Substance | ||||||
15 | Use Prevention and Recovery shall increase reimbursement rates | ||||||
16 | for all community-based substance use disorder treatment and | ||||||
17 | intervention services by 47%, including, but not limited to, | ||||||
18 | all of the following: | ||||||
19 | (1) Admission and Discharge Assessment. | ||||||
20 | (2) Level 1 (Individual). | ||||||
21 | (3) Level 1 (Group). | ||||||
22 | (4) Level 2 (Individual). | ||||||
23 | (5) Level 2 (Group). | ||||||
24 | (6) Case Management. | ||||||
25 | (7) Psychiatric Evaluation. | ||||||
26 | (8) Medication Assisted Recovery. |
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1 | (9) Community Intervention. | ||||||
2 | (10) Early Intervention (Individual). | ||||||
3 | (11) Early Intervention (Group). | ||||||
4 | Beginning in State Fiscal Year 2023, and every State | ||||||
5 | fiscal year thereafter, reimbursement rates for those | ||||||
6 | community-based substance use disorder treatment and | ||||||
7 | intervention services shall be adjusted upward by an amount | ||||||
8 | equal to the Consumer Price Index-U from the previous year, | ||||||
9 | not to exceed 2% in any State fiscal year. If there is a | ||||||
10 | decrease in the Consumer Price Index-U, rates shall remain | ||||||
11 | unchanged for that State fiscal year. The Department shall | ||||||
12 | adopt rules, including emergency rules in accordance with the | ||||||
13 | Illinois Administrative Procedure Act, to implement the | ||||||
14 | provisions of this Section. | ||||||
15 | As used in this subsection, "consumer price index-u" means | ||||||
16 | the index published by the Bureau of Labor Statistics of the | ||||||
17 | United States Department of Labor that measures the average | ||||||
18 | change in prices of goods and services purchased by all urban | ||||||
19 | consumers, United States city average, all items, 1982-84 = | ||||||
20 | 100. | ||||||
21 | (d) Beginning on January 1, 2024, subject to federal | ||||||
22 | approval, the Division of Substance Use Prevention and | ||||||
23 | Recovery shall increase reimbursement rates for all ASAM level | ||||||
24 | 3 residential/inpatient substance use disorder treatment and | ||||||
25 | intervention services by 30%, including, but not limited to, | ||||||
26 | the following services: |
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1 | (1) ASAM level 3.5 Clinically Managed High-Intensity | ||||||
2 | Residential Services for adults; | ||||||
3 | (2) ASAM level 3.5 Clinically Managed Medium-Intensity | ||||||
4 | Residential Services for adolescents; | ||||||
5 | (3) ASAM level 3.2 Clinically Managed Residential | ||||||
6 | Withdrawal Management; | ||||||
7 | (4) ASAM level 3.7 Medically Monitored Intensive | ||||||
8 | Inpatient Services for adults and Medically Monitored | ||||||
9 | High-Intensity Inpatient Services for adolescents; and | ||||||
10 | (5) ASAM level 3.1 Clinically Managed Low-Intensity | ||||||
11 | Residential Services for adults and adolescents. | ||||||
12 | (Source: P.A. 102-699, eff. 4-19-22; 103-102, eff. 6-16-23.) | ||||||
13 | (20 ILCS 301/55-40) | ||||||
14 | Sec. 55-40. Recovery residences. | ||||||
15 | (a) As used in this Section, "recovery residence" means a | ||||||
16 | sober, safe, and healthy living environment that promotes | ||||||
17 | recovery from alcohol and other drug use and associated | ||||||
18 | problems. These residences are not subject to Department | ||||||
19 | licensure as they are viewed as independent living residences | ||||||
20 | that only provide peer support and a lengthened exposure to | ||||||
21 | the culture of recovery. | ||||||
22 | (b) The Department shall develop and maintain an online | ||||||
23 | registry for recovery residences that operate in Illinois to | ||||||
24 | serve as a resource for individuals seeking continued recovery | ||||||
25 | assistance. |
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1 | (c) Non-licensable recovery residences are encouraged to | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | register with the Department and the registry shall be | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | publicly available through online posting. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | (d) The registry shall indicate any accreditation, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | certification, or licensure that each recovery residence has | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | received from an entity that has developed uniform national | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | standards. The registry shall also indicate each recovery | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | residence's location in order to assist providers and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | individuals in finding alcohol , gambling, and drug free | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | housing options with like-minded residents who are committed | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | to alcohol , gambling, and drug free living. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | (e) Registrants are encouraged to seek national | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | accreditation from any entity that has developed uniform State | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | or national standards for recovery residences. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | (f) The Department shall include a disclaimer on the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | registry that states that the recovery residences are not | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | regulated by the Department and their listing is provided as a | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | resource but not as an endorsement by the State. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | (Source: P.A. 100-1062, eff. 1-1-19; 101-81, eff. 7-12-19.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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