Rep. Steven A. Andersson
Filed: 4/7/2017
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 2340 




2    AMENDMENT NO. ______. Amend House Bill 2340 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Alcoholism and Other Drug Abuse and 
5Dependency Act is amended  by changing Section 5-10 as follows:
 



6    (20 ILCS 301/5-10)


7    Sec. 5-10. Functions of the Department. 

8    (a) In addition to the powers, duties and functions vested 
9in the Department
by this Act, or by other laws of this State, 
10the Department shall carry out the
following activities:


11        (1) Design, coordinate and fund a comprehensive and 
12    coordinated
community-based and culturally and 
13    gender-appropriate array of services
throughout the State 
14    for the prevention, intervention, treatment and

15    rehabilitation of alcohol and other drug abuse and 
16    dependency that is
accessible and addresses the needs of 
 
 
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1    at-risk or addicted individuals and their
families.


2        (2) Act as the exclusive State agency to accept, 
3    receive and expend,
pursuant to appropriation, any public 
4    or private monies, grants or services,
including those 
5    received from the federal government or from other State

6    agencies, for the purpose of providing an array of services 
7    for the prevention,
intervention, treatment and 
8    rehabilitation of alcoholism or other drug abuse or

9    dependency.  Monies received by the Department shall be 
10    deposited into
appropriate funds as may be created by State 
11    law or administrative action.

12        (2.5) In partnership with the Department of Healthcare 
13    and Family Services, act as one of  the principal State 
14    agencies for the sole purpose of calculating the 
15    maintenance of effort requirement under Section 1930 of 
16    Title XIX, Part B, Subpart II of the Public Health Service 
17    Act (42 U.S.C.  300x-30) and the Interim Final Rule (45 CFR 
18    96.134). 

19        (3) Coordinate a statewide strategy among State 
20    agencies for the
prevention, intervention, treatment and 
21    rehabilitation of alcohol and other
drug abuse and 
22    dependency.  This strategy shall include the development of 
23    an
annual comprehensive State plan for the provision of an 
24    array of services for
education, prevention, intervention, 
25    treatment, relapse prevention and other
services and 
26    activities to alleviate alcoholism and other drug abuse and

 
 
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1    dependency.  The plan shall be based on local 
2    community-based needs and upon
data including, but not 
3    limited to, that which defines the prevalence of and
costs 
4    associated with the abuse of and dependency upon alcohol 
5    and other drugs.
This comprehensive State plan shall 
6    include identification of problems, needs,
priorities, 
7    services and other pertinent information, including the 
8    needs of
minorities and other specific populations in the 
9    State, and shall describe how
the identified problems and 
10    needs will be addressed.  For purposes of this
paragraph, 
11    the term "minorities and other specific populations" may 
12    include,
but shall not be limited to, groups such as women, 
13    children, intravenous drug
users, persons with AIDS or who 
14    are HIV infected, African-Americans, Puerto
Ricans, 
15    Hispanics, Asian Americans, the elderly, persons in the 
16    criminal
justice system, persons who are clients of 
17    services provided by other State
agencies, persons with 
18    disabilities and such other specific populations as the

19    Department may from time to time identify. In developing 
20    the plan, the
Department shall seek input from providers, 
21    parent groups, associations and
interested citizens.


22        Beginning with State fiscal year 1996, the annual 
23    comprehensive State plan
developed under this Section 
24    shall include an explanation of the rationale to
be used in 
25    ensuring that funding shall be based upon local community 
26    needs,
including, but not limited to, the incidence and 
 
 
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1    prevalence of, and costs
associated with, the abuse of and 
2    dependency upon alcohol and other drugs, as
well as upon 
3    demonstrated program performance.


4        The annual comprehensive State plan developed under 
5    this Section shall
contain a report detailing the 
6    activities of and progress made by the programs
for the 
7    care and treatment of addicted pregnant women, addicted 
8    mothers and
their children established under subsection 
9    (j) of Section 35-5 of this Act. 


10        Each State agency which provides or funds alcohol or 
11    drug prevention,
intervention and treatment services shall 
12    annually prepare an agency plan for
providing such 
13    services, and these shall be used by the Department in 
14    preparing
the annual comprehensive statewide plan.  Each 
15    agency's annual plan for alcohol
and drug abuse services 
16    shall contain a report on the activities and progress
of 
17    such services in the prior year.  The Department may provide 
18    technical
assistance to other State agencies, as required, 
19    in the development of their
agency plans.


20        (4) Lead, foster and develop cooperation, coordination 
21    and agreements
among federal and State governmental 
22    agencies and local providers that provide
assistance, 
23    services, funding or other functions, peripheral or 
24    direct, in the
prevention, intervention, treatment or 
25    rehabilitation of alcoholism and other
drug abuse and 
26    dependency.  This shall include, but shall not be limited 
 
 
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1    to,
the following:


2            (A) Cooperate with and assist the Department of 
3        Corrections and
the Department on Aging in 
4        establishing and conducting programs relating to 
5        alcoholism
and other drug abuse and dependency among 
6        those populations which they
respectively serve.


7            (B) Cooperate with and assist the Illinois 
8        Department of Public Health
in the establishment, 
9        funding and support of programs and services for the

10        promotion of maternal and child health and the 
11        prevention and treatment of
infectious diseases, 
12        including but not limited to HIV infection, especially

13        with respect to those persons who may abuse drugs by 
14        intravenous injection, or
may have been sexual 
15        partners of drug abusers, or may have abused substances 
16        so
that their immune systems are impaired, causing them 
17        to be at high risk.


18            (C) Supply to the Department of Public Health and 
19        prenatal care
providers a list of all alcohol and other 
20        drug abuse service providers for
addicted pregnant 
21        women in this State.


22            (D) Assist in the placement of child abuse or 
23        neglect perpetrators
(identified by the Illinois 
24        Department of Children and Family Services) who
have 
25        been determined to be in need of alcohol or other drug 
26        abuse services
pursuant to Section 8.2 of the Abused 
 
 
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1        and Neglected Child Reporting Act.


2            (E) Cooperate with and assist the Illinois 
3        Department of Children and
Family Services in carrying 
4        out its mandates to:


5                (i) identify alcohol and other drug abuse 
6            issues among its clients and
their families; and


7                (ii) develop programs and services to deal 
8            with such problems.


9        These programs and services may include, but shall not 
10        be limited to,
programs to prevent the abuse of alcohol 
11        or other drugs by DCFS clients and
their families, 
12        rehabilitation services, identifying child care needs 
13        within
the array of alcohol and other drug abuse 
14        services, and assistance with other
issues as 
15        required.


16            (F) Cooperate with and assist the Illinois 
17        Criminal Justice Information
Authority with respect to 
18        statistical and other information concerning drug

19        abuse incidence and prevalence.


20            (G) Cooperate with and assist the State 
21        Superintendent of Education,
boards of education, 
22        schools, police departments, the Illinois Department 
23        of
State Police, courts and other public and private 
24        agencies and individuals in
establishing prevention 
25        programs statewide and preparing curriculum materials

26        for use at all levels of education. An agreement shall 
 
 
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1        be entered into with the
State Superintendent of 
2        Education to assist in the establishment of such

3        programs.


4            (H) Cooperate with and assist the Illinois 
5        Department of Healthcare and Family Services in
the 
6        development and provision of services offered to 
7        recipients of public
assistance for the treatment and 
8        prevention of alcoholism and other drug abuse
and 
9        dependency.


10            (I) Provide training recommendations to other 
11        State agencies funding
alcohol or other drug abuse 
12        prevention, intervention, treatment or
rehabilitation 
13        services.


14        (5) From monies appropriated to the Department from the 
15    Drunk and Drugged
Driving Prevention Fund, make grants to 
16    reimburse DUI evaluation and remedial
education programs 
17    licensed by the Department for the costs of providing

18    indigent persons with free or reduced-cost services 
19    relating to a charge of
driving under the influence of 
20    alcohol or other drugs.  


21        (6) Promulgate regulations to provide appropriate 
22    standards for publicly
and privately funded programs as 
23    well as for levels of payment to government
funded programs 
24    which provide an array of services for prevention,

25    intervention, treatment and rehabilitation for alcoholism 
26    and other drug abuse
or dependency.


 
 
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1        (7) In consultation with local service providers, 
2    specify a uniform
statistical methodology for use by 
3    agencies, organizations, individuals and the
Department 
4    for collection and dissemination of statistical 
5    information
regarding services related to alcoholism and 
6    other drug use and abuse. This
shall include prevention 
7    services delivered, the number of persons treated,

8    frequency of admission and readmission, and duration of 
9    treatment.


10        (8) Receive data and assistance from federal, State and 
11    local governmental
agencies, and obtain copies of 
12    identification and arrest data from all federal,
State and 
13    local law enforcement agencies for use in carrying out the 
14    purposes
and functions of the Department.


15        (9) Designate and license providers to conduct 
16    screening, assessment,
referral and tracking of clients 
17    identified by the criminal justice system as
having 
18    indications of alcoholism or other drug abuse or dependency 
19    and being
eligible to make an election for treatment under 
20    Section 40-5 of this Act, and
assist in the placement of 
21    individuals who are under court order to participate
in 
22    treatment.


23        (10) Designate medical examination and other programs 
24    for determining
alcoholism and other drug abuse and 
25    dependency.


26        (11) Encourage service providers who receive financial 
 
 
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1    assistance in any
form from the State to assess and collect 
2    fees for services rendered.


3        (12) Make grants with funds appropriated from the Drug 
4    Treatment Fund in
accordance with Section 7 of the 
5    Controlled Substance and Cannabis Nuisance
Act, or in 
6    accordance with Section 80 of the Methamphetamine Control 
7    and Community Protection Act, or in accordance with 
8    subsections (h) and (i) of Section 411.2 of the
Illinois 
9    Controlled Substances Act. 


10        (13) Encourage all health and disability insurance 
11    programs to include
alcoholism and other drug abuse and 
12    dependency as a covered illness.


13        (14) Make such agreements, grants-in-aid and 
14    purchase-care arrangements
with any other department, 
15    authority or commission of this State, or any other
state 
16    or the federal government or with any public or private 
17    agency, including
the disbursement of funds and furnishing 
18    of staff, to effectuate the purposes
of this Act.


19        (15) Conduct a public information campaign to inform 
20    the State's
Hispanic residents regarding the prevention 
21    and treatment of alcoholism.

22    (b) In addition to the powers, duties and functions vested 
23in it by this
Act, or by other laws of this State, the 
24Department may undertake, but shall
not be limited to, the 
25following activities:


26        (1) Require all programs funded by the Department to 
 
 
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1    include an education
component to inform participants 
2    regarding the causes and means of transmission
and methods 
3    of reducing the risk of acquiring or transmitting HIV 
4    infection,
and to include funding for such education 
5    component in its support of the
program.


6        (2) Review all State agency applications for federal 
7    funds which include
provisions relating to the prevention, 
8    early intervention and treatment of
alcoholism and other 
9    drug abuse and dependency in order to ensure consistency

10    with the comprehensive statewide plan developed pursuant 
11    to this Act.


12        (3) Prepare, publish, evaluate, disseminate and serve 
13    as a central
repository for educational materials dealing 
14    with the nature and effects of
alcoholism and other drug 
15    abuse and dependency.  Such materials may deal with
the 
16    educational needs of the citizens of Illinois, and may 
17    include at least
pamphlets which describe the causes and 
18    effects of fetal alcohol syndrome,
which the Department may 
19    distribute free of charge to each county clerk in

20    sufficient quantities that the county clerk may provide a 
21    pamphlet to the
recipients of all marriage licenses issued 
22    in the county.


23        (4) Develop and coordinate, with regional and local 
24    agencies, education
and training programs for persons 
25    engaged in providing the array of services
for persons 
26    having alcoholism or other drug abuse and dependency 
 
 
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1    problems,
which programs may include specific HIV 
2    education and training for program
personnel.


3        (5) Cooperate with and assist in the development of 
4    education, prevention
and treatment programs for employees 
5    of State and local governments and
businesses in the State.


6        (6) Utilize the support and assistance of interested 
7    persons in the
community, including recovering addicts and 
8    alcoholics, to assist individuals
and communities in 
9    understanding the dynamics of addiction, and to encourage

10    individuals with alcohol or other drug abuse or dependency 
11    problems to
voluntarily undergo treatment.


12        (7) Promote, conduct, assist or sponsor basic 
13    clinical, epidemiological
and statistical research into 
14    alcoholism and other drug abuse and dependency,
and 
15    research into the prevention of those problems either 
16    solely or in
conjunction with any public or private agency.


17        (8) Cooperate with public and private agencies, 
18    organizations and
individuals in the development of 
19    programs, and to provide technical assistance
and 
20    consultation services for this purpose.


21        (9) Publish or provide for the publishing of a manual 
22    to assist medical
and social service providers in 
23    identifying alcoholism and other drug abuse and
dependency 
24    and coordinating the multidisciplinary delivery of 
25    services to
addicted pregnant women, addicted mothers and 
26    their children.  The manual may
be used only to provide 
 
 
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1    information and may not be used by the Department to

2    establish practice standards.  The Department may not 
3    require recipients to use
specific providers nor may they 
4    require providers to refer recipients to
specific 
5    providers. The manual may include, but need not be limited 
6    to, the
following:


7            (A) Information concerning risk assessments of 
8        women seeking prenatal,
natal, and postnatal medical 
9        care.


10            (B) Information concerning risk assessments of 
11        infants who may be
substance-affected.


12            (C) Protocols that have been adopted by the 
13        Illinois Department of
Children and Family Services 
14        for the reporting and investigation of allegations
of 
15        child abuse or neglect under the Abused and Neglected 
16        Child Reporting Act.


17            (D) Summary of procedures utilized in juvenile 
18        court in cases of
children alleged or found to be 
19        abused or neglected as a result of being born
to 
20        addicted women.


21            (E) Information concerning referral of addicted 
22        pregnant women,
addicted mothers and their children by 
23        medical, social service, and substance
abuse treatment 
24        providers, by the Departments of Children and Family 
25        Services, Public Aid, Public Health, and
Human 
26        Services.


 
 
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1            (F) Effects of substance abuse on infants and 
2        guidelines on the
symptoms, care, and comfort of 
3        drug-withdrawing infants.


4            (G) Responsibilities of the Illinois Department of 
5        Public Health to
maintain statistics on the number of 
6        children in Illinois addicted at birth.


7        (10) To the extent permitted by federal law or 
8    regulation, establish and
maintain a clearinghouse and 
9    central repository for the development and
maintenance of a 
10    centralized data collection and dissemination system and a

11    management information system for all alcoholism and other 
12    drug abuse
prevention, early intervention and treatment 
13    services.


14        (11) Fund, promote or assist programs, services, 
15    demonstrations or
research dealing with addictive or 
16    habituating behaviors detrimental to the
health of 
17    Illinois citizens.


18        (12) With monies appropriated from the Group Home Loan 
19    Revolving Fund,
make loans, directly or through 
20    subcontract, to assist in underwriting the
costs of housing 
21    in which individuals recovering from alcohol or other drug

22    abuse or dependency may reside in groups of not less than 6 
23    persons, pursuant
to Section 50-40 of this Act.


24        (13) Promulgate such regulations as may be necessary 
25    for the
administration of grants or to otherwise carry out 
26    the purposes and enforce the
provisions of this Act.


 
 
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1        (14) Fund programs to help parents be effective in 
2    preventing
substance abuse by building an awareness of 
3    drugs and alcohol and the family's
role in preventing abuse 
4    through adjusting expectations, developing new skills,
and 
5    setting positive family goals.  The programs shall include, 
6    but not be
limited to, the following subjects: healthy 
7    family communication; establishing
rules and limits; how 
8    to reduce family conflict; how to build self-esteem,

9    competency, and responsibility in children; how to improve 
10    motivation and
achievement; effective discipline; problem 
11    solving techniques; and how to talk
about drugs and 
12    alcohol.  The programs shall be open to all parents.

13(Source: P.A. 94-556, eff. 9-11-05; 95-331, eff. 8-21-07.)

 

14    Section 99. Effective date. This Act takes effect upon 
15becoming law.".