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1    AN ACT concerning State government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Alcoholism and Other Drug Abuse and 
5Dependency Act is amended  by adding Section 5-10 and by adding 
6Section 20-30 as follows:
 



7    (20 ILCS 301/5-10)


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

9    (a) In addition to the powers, duties and functions vested 
10in the Department
by this Act, or by other laws of this State, 
11the Department shall carry out the
following activities:


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

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


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

23    agencies, for the purpose of providing an array of services 
 
 
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1    for the prevention,
intervention, treatment and 
2    rehabilitation of alcoholism or other drug abuse or

3    dependency.  Monies received by the Department shall be 
4    deposited into
appropriate funds as may be created by State 
5    law or administrative action.

6        (2.5) In partnership with the Department of Healthcare 
7    and Family Services, act as one of  the principal State 
8    agencies for the sole purpose of calculating the 
9    maintenance of effort requirement under Section 1930 of 
10    Title XIX, Part B, Subpart II of the Public Health Service 
11    Act (42 U.S.C.  300x-30) and the Interim Final Rule (45 CFR 
12    96.134). 

13        (3) Coordinate a statewide strategy among State 
14    agencies for the
prevention, intervention, treatment and 
15    rehabilitation of alcohol and other
drug abuse and 
16    dependency.  This strategy shall include the development of 
17    an
annual comprehensive State plan for the provision of an 
18    array of services for
education, prevention, intervention, 
19    treatment, relapse prevention and other
services and 
20    activities to alleviate alcoholism and other drug abuse and

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

13    Department may from time to time identify. In developing 
14    the plan, the
Department shall seek input from providers, 
15    parent groups, associations and
interested citizens.


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


24        The annual comprehensive State plan developed under 
25    this Section shall
contain a report detailing the 
26    activities of and progress made by the programs
for the 
 
 
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1    care and treatment of addicted pregnant women, addicted 
2    mothers and
their children established under subsection 
3    (j) of Section 35-5 of this Act. 


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


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


22            (A) Cooperate with and assist the Department of 
23        Corrections and
the Department on Aging in 
24        establishing and conducting programs relating to 
25        alcoholism
and other drug abuse and dependency among 
26        those populations which they
respectively serve.


 
 
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1            (B) Cooperate with and assist the Illinois 
2        Department of Public Health
in the establishment, 
3        funding and support of programs and services for the

4        promotion of maternal and child health and the 
5        prevention and treatment of
infectious diseases, 
6        including but not limited to HIV infection, especially

7        with respect to those persons who may abuse drugs by 
8        intravenous injection, or
may have been sexual 
9        partners of drug abusers, or may have abused substances 
10        so
that their immune systems are impaired, causing them 
11        to be at high risk.


12            (C) Supply to the Department of Public Health and 
13        prenatal care
providers a list of all alcohol and other 
14        drug abuse service providers for
addicted pregnant 
15        women in this State.


16            (D) Assist in the placement of child abuse or 
17        neglect perpetrators
(identified by the Illinois 
18        Department of Children and Family Services) who
have 
19        been determined to be in need of alcohol or other drug 
20        abuse services
pursuant to Section 8.2 of the Abused 
21        and Neglected Child Reporting Act.


22            (E) Cooperate with and assist the Illinois 
23        Department of Children and
Family Services in carrying 
24        out its mandates to:


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


 
 
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1                (ii) develop programs and services to deal 
2            with such problems.


3        These programs and services may include, but shall not 
4        be limited to,
programs to prevent the abuse of alcohol 
5        or other drugs by DCFS clients and
their families, 
6        rehabilitation services, identifying child care needs 
7        within
the array of alcohol and other drug abuse 
8        services, and assistance with other
issues as 
9        required.


10            (F) Cooperate with and assist the Illinois 
11        Criminal Justice Information
Authority with respect to 
12        statistical and other information concerning drug

13        abuse incidence and prevalence.


14            (G) Cooperate with and assist the State 
15        Superintendent of Education,
boards of education, 
16        schools, police departments, the Illinois Department 
17        of
State Police, courts and other public and private 
18        agencies and individuals in
establishing prevention 
19        programs statewide and preparing curriculum materials

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

23        programs.


24            (H) Cooperate with and assist the Illinois 
25        Department of Healthcare and Family Services in
the 
26        development and provision of services offered to 
 
 
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1        recipients of public
assistance for the treatment and 
2        prevention of alcoholism and other drug abuse
and 
3        dependency.


4            (I) Provide training recommendations to other 
5        State agencies funding
alcohol or other drug abuse 
6        prevention, intervention, treatment or
rehabilitation 
7        services.


8        (5) From monies appropriated to the Department from the 
9    Drunk and Drugged
Driving Prevention Fund, make grants to 
10    reimburse DUI evaluation and remedial
education programs 
11    licensed by the Department for the costs of providing

12    indigent persons with free or reduced-cost services 
13    relating to a charge of
driving under the influence of 
14    alcohol or other drugs.  


15        (6) Promulgate regulations to provide appropriate 
16    standards for publicly
and privately funded programs as 
17    well as for levels of payment to government
funded programs 
18    which provide an array of services for prevention,

19    intervention, treatment and rehabilitation for alcoholism 
20    and other drug abuse
or dependency.


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

2    frequency of admission and readmission, and duration of 
3    treatment.


4        (8) Receive data and assistance from federal, State and 
5    local governmental
agencies, and obtain copies of 
6    identification and arrest data from all federal,
State and 
7    local law enforcement agencies for use in carrying out the 
8    purposes
and functions of the Department.


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


17        (10) Designate medical examination and other programs 
18    for determining
alcoholism and other drug abuse and 
19    dependency.


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


23        (12) Make grants with funds appropriated from the Drug 
24    Treatment Fund in
accordance with Section 7 of the 
25    Controlled Substance and Cannabis Nuisance
Act, or in 
26    accordance with Section 80 of the Methamphetamine Control 
 
 
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1    and Community Protection Act, or in accordance with 
2    subsections (h) and (i) of Section 411.2 of the
Illinois 
3    Controlled Substances Act. 


4        (13) Encourage all health and disability insurance 
5    programs to include
alcoholism and other drug abuse and 
6    dependency as a covered illness.


7        (14) Make such agreements, grants-in-aid and 
8    purchase-care arrangements
with any other department, 
9    authority or commission of this State, or any other
state 
10    or the federal government or with any public or private 
11    agency, including
the disbursement of funds and furnishing 
12    of staff, to effectuate the purposes
of this Act.


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

16    (b) In addition to the powers, duties and functions vested 
17in it by this
Act, or by other laws of this State, the 
18Department may undertake, but shall
not be limited to, the 
19following activities:


20        (1) Require all programs funded by the Department to 
21    include an education
component to inform participants 
22    regarding the causes and means of transmission
and methods 
23    of reducing the risk of acquiring or transmitting HIV 
24    infection,
and to include funding for such education 
25    component in its support of the
program.


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

4    with the comprehensive statewide plan developed pursuant 
5    to this Act.


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

14    sufficient quantities that the county clerk may provide a 
15    pamphlet to the
recipients of all marriage licenses issued 
16    in the county.


17        (4) Develop and coordinate, with regional and local 
18    agencies, education
and training programs for persons 
19    engaged in providing the array of services
for persons 
20    having alcoholism or other drug abuse and dependency 
21    problems,
which programs may include specific HIV 
22    education and training for program
personnel.


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


26        (6) Utilize the support and assistance of interested 
 
 
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1    persons in the
community, including recovering addicts and 
2    alcoholics, to assist individuals
and communities in 
3    understanding the dynamics of addiction, and to encourage

4    individuals with alcohol or other drug abuse or dependency 
5    problems to
voluntarily undergo treatment.


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


11        (8) Cooperate with public and private agencies, 
12    organizations and
individuals in the development of 
13    programs, and to provide technical assistance
and 
14    consultation services for this purpose.


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

22    establish practice standards.  The Department may not 
23    require recipients to use
specific providers nor may they 
24    require providers to refer recipients to
specific 
25    providers. The manual may include, but need not be limited 
26    to, the
following:


 
 
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1            (A) Information concerning risk assessments of 
2        women seeking prenatal,
natal, and postnatal medical 
3        care.


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


6            (C) Protocols that have been adopted by the 
7        Illinois Department of
Children and Family Services 
8        for the reporting and investigation of allegations
of 
9        child abuse or neglect under the Abused and Neglected 
10        Child Reporting Act.


11            (D) Summary of procedures utilized in juvenile 
12        court in cases of
children alleged or found to be 
13        abused or neglected as a result of being born
to 
14        addicted women.


15            (E) Information concerning referral of addicted 
16        pregnant women,
addicted mothers and their children by 
17        medical, social service, and substance
abuse treatment 
18        providers, by the Departments of Children and Family 
19        Services, Public Aid, Public Health, and
Human 
20        Services.


21            (F) Effects of substance abuse on infants and 
22        guidelines on the
symptoms, care, and comfort of 
23        drug-withdrawing infants.


24            (G) Responsibilities of the Illinois Department of 
25        Public Health to
maintain statistics on the number of 
26        children in Illinois addicted at birth.


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

5    management information system for all alcoholism and other 
6    drug abuse
prevention, early intervention and treatment 
7    services.


8        (11) Fund, promote or assist programs, services, 
9    demonstrations or
research dealing with addictive or 
10    habituating behaviors detrimental to the
health of 
11    Illinois citizens.


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

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


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


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

3    competency, and responsibility in children; how to improve 
4    motivation and
achievement; effective discipline; problem 
5    solving techniques; and how to talk
about drugs and 
6    alcohol.  The programs shall be open to all parents.

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

 
8    (20 ILCS 301/20-30 new)
9    Sec. 20-30. Opioid prevention and abuse; public awareness 
10website. The Department shall create and maintain a website to 
11educate the public on heroin and prescription opioid abuse. At 
12a minimum, the website shall include:
13        (1) information on the warning signs of heroin and 
14    prescription opioid addiction; 
15        (2) helpful hints for parents on how to discuss the 
16    dangers of heroin and prescription opioid addiction with 
17    their children; 
18        (3) information on available treatment options and 
19    services; 
20        (4) a listing of the toll-free number established by 
21    the Department to provide information and referral 
22    services for persons with questions concerning substance 
23    abuse and treatment; and 
24        (5) links to flyers and resources for download. 
25    The Department shall adopt any rules necessary to implement 
 
 
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1the provisions of this Section.