Illinois General Assembly - Full Text of SB3410
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Full Text of SB3410  103rd General Assembly



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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 Substance Use Disorder Act is amended by
5changing Sections 1-5, 1-10, 5-5, 5-10, 5-20, 10-10, 10-15,
615-5, 15-10, 20-5, 25-5, 25-10, 30-5, 35-5, 35-10, 50-40,
755-30, and 55-40 as follows:
8    (20 ILCS 301/1-5)
9    Sec. 1-5. Legislative declaration. Substance use and
10gambling disorders, as defined in this Act, constitute a
11serious public health problem. The effects on public safety
12and the criminal justice system cause serious social and
13economic losses, as well as great human suffering. It is
14imperative that a comprehensive and coordinated strategy be
15developed under the leadership of a State agency. This
16strategy should be implemented through the facilities of
17federal and local government and community-based agencies
18(which may be public or private, volunteer or professional).
19Through local prevention, early intervention, treatment, and
20other recovery support services, this strategy should empower
21those struggling with these substance use disorders (and, when
22appropriate, the families of those persons) to lead healthy



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1    The human, social, and economic benefits of preventing
2these substance use disorders are great, and it is imperative
3that there be interagency cooperation in the planning and
4delivery of prevention, early intervention, treatment, and
5other recovery support services in Illinois.
6    The provisions of this Act shall be liberally construed to
7enable the Department to carry out these objectives and
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
12context clearly indicates otherwise, the following words and
13terms have the following meanings:
14    "Case management" means a coordinated approach to the
15delivery of health and medical treatment, substance use
16disorder treatment, gambling disorder treatment, mental health
17treatment, and social services, linking patients with
18appropriate services to address specific needs and achieve
19stated goals. In general, case management assists patients
20with other disorders and conditions that require multiple
21services over extended periods of time and who face difficulty
22in gaining access to those services.
23    "Crime of violence" means any of the following crimes:
24murder, voluntary manslaughter, criminal sexual assault,
25aggravated criminal sexual assault, predatory criminal sexual



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1assault of a child, armed robbery, robbery, arson, kidnapping,
2aggravated battery, aggravated arson, or any other felony that
3involves the use or threat of physical force or violence
4against another individual.
5    "Department" means the Department of Human Services.
6    "DUI" means driving under the influence of alcohol or
7other drugs.
8    "Designated program" means a category of service
9authorized by an intervention license issued by the Department
10for delivery of all services as described in Article 40 in this
12    "Early intervention" means services, authorized by a
13treatment license, that are sub-clinical and pre-diagnostic
14and that are designed to screen, identify, and address risk
15factors that may be related to problems associated with a
16substance use or gambling disorder substance use disorders and
17to assist individuals in recognizing harmful consequences.
18Early intervention services facilitate emotional and social
19stability and involve involves referrals for treatment, as
21    "Facility" means the building or premises are used for the
22provision of licensable services, including support services,
23as set forth by rule.
24    "Gambling disorder" means persistent and recurrent
25problematic gambling behavior leading to clinically
26significant impairment or distress. recurring maladaptive



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1gambling behavior that disrupts personal, family, or
2vocational pursuits.
3    "Gambling" means the risking of money or other items of
4value in games of chance, including video gaming, sports
5betting, and other games of chance.
6    "Gaming" means the action or practice of playing video
8    "Holds itself out" means any activity that would lead one
9to reasonably conclude that the individual or entity provides
10or intends to provide licensable substance-related disorder
11intervention or treatment services. Such activities include,
12but are not limited to, advertisements, notices, statements,
13or contractual arrangements with managed care organizations,
14private health insurance, or employee assistance programs to
15provide services that require a license as specified in
16Article 15.
17    "Informed consent" means legally valid written consent,
18given by a client, patient, or legal guardian, that authorizes
19intervention or treatment services from a licensed
20organization and that documents agreement to participate in
21those services and knowledge of the consequences of withdrawal
22from such services. Informed consent also acknowledges the
23client's or patient's right to a conflict-free choice of
24services from any licensed organization and the potential
25risks and benefits of selected services.
26    "Intoxicated person" means a person whose mental or



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1physical functioning is substantially impaired as a result of
2the current effects of alcohol or other drugs within the body.
3    "Medication assisted treatment" means the prescription of
4medications that are approved by the U.S. Food and Drug
5Administration and the Center for Substance Abuse Treatment to
6assist with treatment for a substance use disorder and to
7support recovery for individuals receiving services in a
8facility licensed by the Department. Medication assisted
9treatment includes opioid treatment services as authorized by
10a Department license.
11    "Off-site services" means licensable services are
12conducted at a location separate from the licensed location of
13the provider, and services are operated by an entity licensed
14under this Act and approved in advance by the Department.
15    "Person" means any individual, firm, group, association,
16partnership, corporation, trust, government or governmental
17subdivision or agency.
18    "Prevention" means an interactive process of individuals,
19families, schools, religious organizations, communities and
20regional, state and national organizations whose goals are to
21reduce the prevalence of substance use or gambling disorders,
22prevent the use of illegal drugs and the abuse of legal drugs
23by persons of all ages, prevent the use of alcohol by minors,
24reduce the severity of harm in gambling by persons of all ages,
25build the capacities of individuals and systems, and promote
26healthy environments, lifestyles, and behaviors.



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1    "Recovery" means a process of change through which
2individuals improve their health and wellness, live a
3self-directed life, and reach their full potential.
4    "Recovery support" means services designed to support
5individual recovery from a substance use or gambling disorder
6that may be delivered pre-treatment, during treatment, or post
7treatment. These services may be delivered in a wide variety
8of settings for the purpose of supporting the individual in
9meeting his or her recovery support goals.
10    "Secretary" means the Secretary of the Department of Human
11Services or his or her designee.
12    "Substance use disorder" means a spectrum of persistent
13and recurring problematic behavior that encompasses 10
14separate classes of drugs: alcohol; caffeine; cannabis;
15hallucinogens; inhalants; opioids; sedatives, hypnotics and
16anxiolytics; stimulants; and tobacco; and other unknown
17substances leading to clinically significant impairment or
19    "Treatment" means the broad range of emergency,
20outpatient, and residential care (including assessment,
21diagnosis, case management, treatment, and recovery support
22planning) may be extended to individuals with substance use
23disorders or to the families of those persons.
24    "Withdrawal management" means services designed to manage
25intoxication or withdrawal episodes (previously referred to as
26detoxification), interrupt the momentum of habitual,



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1compulsive substance use and begin the initial engagement in
2medically necessary substance use disorder treatment.
3Withdrawal management allows patients to safely withdraw from
4substances 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
9Department of Alcoholism and Substance Abuse, shall assume the
10various rights, powers, duties, and functions provided for in
11this Act.
12    (b) It is declared to be the public policy of this State,
13pursuant to paragraphs (h) and (i) of Section 6 of Article VII
14of the Illinois Constitution of 1970, that the powers and
15functions set forth in this Act and expressly delegated to the
16Department are exclusive State powers and functions. Nothing
17herein prohibits the exercise of any power or the performance
18of any function, including the power to regulate, for the
19protection of the public health, safety, morals and welfare,
20by any unit of local government, other than the powers and
21functions set forth in this Act and expressly delegated to the
22Department to be exclusive State powers and functions.
23    (c) The Department shall, through accountable and
24efficient leadership, example and commitment to excellence,
25strive to reduce the incidence of substance use or gambling



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1disorders 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
16in the Department by this Act, or by other laws of this State,
17the 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
11in it by this Act, or by other laws of this State, the
12Department may undertake, but shall not be limited to, the
13following 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



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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



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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



SB3410 Engrossed- 21 -LRB103 38675 KTG 68812 b

1    administration of the grant program.
2    (c) There is created within the Department of Human
3Services an Office of Opioid Settlement Administration. The
4Office shall be responsible for implementing and administering
5approved abatement programs as described in Exhibit B of the
6Illinois Opioid Allocation Agreement, effective December 30,
72021. The Office may also implement and administer other
8opioid-related programs, including but not limited to
9prevention, treatment, and recovery services from other funds
10made available to the Department of Human Services. The
11Secretary of Human Services shall appoint or assign staff as
12necessary 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;
14103-8, eff. 6-7-23.)
15    (20 ILCS 301/5-20)
16    Sec. 5-20. Gambling disorders.
17    (a) Subject to appropriation, the Department shall
18establish a program for public education, research, and
19training regarding gambling disorders and the treatment and
20prevention of gambling disorders. Subject to specific
21appropriation for these stated purposes, the program must
22include 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



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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
23establish and maintain the program or contract with a private
24or public entity for the establishment and maintenance of the
25program. Subject to appropriation, either the Department or
26the private or public entity shall implement the hotline and



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1website toll-free telephone number, promote public awareness,
2conduct research, fund treatment and recovery services, and
3conduct in-service training concerning gambling disorders.
4    (c) The Department shall determine a statement regarding
5obtaining assistance with a gambling disorder which each
6licensed gambling establishment owner shall post and each
7master sports wagering licensee shall include on the master
8sports wagering licensee's portal, Internet website, or
9computer or mobile application. Subject to appropriation, the
10Department shall produce and supply the signs with the
11statement as specified in Section 10.7 of the Illinois Lottery
12Law, Section 34.1 of the Illinois Horse Racing Act of 1975,
13Section 4.3 of the Bingo License and Tax Act, Section 8.1 of
14the Charitable Games Act, Section 25.95 of the Sports Wagering
15Act, and Section 13.1 of the Illinois Gambling Act, and the
16Video 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



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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



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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,



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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)



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1    Sec. 10-10. Powers and duties of the Council. The Council
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.



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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



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1membership of the Illinois Advisory Council may, as needed,
2consist 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



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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



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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
16executive branch of State government; however, the public
17members may be officers or employees of a State college or
18university or of any law enforcement agency. In appointing
19members, due consideration shall be given to the experience of
20appointees in the fields of medicine, law, prevention,
21correctional activities, and social welfare. Vacancies in the
22public membership shall be filled for the unexpired term by
23appointment in like manner as for original appointments, and
24the appointive members shall serve until their successors are
25appointed and have qualified. Vacancies among the public
26members appointed by the legislative leaders shall be filled



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1by the leader of the same house and of the same political party
2as the leader who originally appointed the member.
3    Each non-appointive member may designate a representative
4to serve in his place by written notice to the Department. All
5General Assembly members shall serve until their respective
6successors are appointed or until termination of their
7legislative service, whichever occurs first. The terms of
8office for each of the members appointed by the Governor shall
9be for 3 years, except that of the members first appointed, 3
10shall be appointed for a term of one year, and 4 shall be
11appointed for a term of 2 years. The terms of office of each of
12the public members appointed by the legislative leaders shall
13be 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
18substance use or gambling disorders or to provide services as
19specified in subsections (a) and (b) of Section 15-10 of this
20Act unless the person is licensed to do so by the Department.
21The performance of these activities by any person in violation
22of this Act is declared to be inimical to the public health and
23welfare, and to be a public nuisance. The Department may
24undertake such inspections and investigations as it deems
25appropriate to determine whether licensable activities are



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1being conducted without the requisite license.
2    (b) Nothing in this Act shall be construed to require any
3hospital, as defined by the Hospital Licensing Act, required
4to have a license from the Department of Public Health
5pursuant to the Hospital Licensing Act to obtain any license
6under this Act for any substance use disorder treatment
7services operated on the licensed premises of the hospital,
8and operated by the hospital or its designated agent, provided
9that such services are covered within the scope of the
10Hospital Licensing Act. No person or facility required to be
11licensed under this Act shall be required to obtain a license
12pursuant to the Hospital Licensing Act or the Child Care Act of
14    (c) Nothing in this Act shall be construed to require an
15individual employee of a licensed program to be licensed under
16this Act.
17    (d) Nothing in this Act shall be construed to require any
18private professional practice, whether by an individual
19practitioner, by a partnership, or by a duly incorporated
20professional service corporation, that provides outpatient
21treatment for substance use disorders to be licensed under
22this Act, provided that the treatment is rendered personally
23by the professional in his own name and the professional is
24authorized by individual professional licensure or
25registration from the Department of Financial and Professional
26Regulation to provide substance use disorder treatment



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1unsupervised. This exemption shall not apply to such private
2professional practice that provides or holds itself out, as
3defined in Section 1-10, as providing substance use disorder
4outpatient treatment. This exemption shall also not apply to
5licensable intervention services, research, or residential
6treatment services as defined in this Act or by rule.
7    Notwithstanding any other provisions of this subsection to
8the contrary, persons licensed to practice medicine in all of
9its branches in Illinois shall not require licensure under
10this Act unless their private professional practice provides
11and holds itself out, as defined in Section 1-10, as providing
12substance use disorder outpatient treatment.
13    (e) Nothing in this Act shall be construed to require any
14employee assistance program operated by an employer or any
15intervenor program operated by a professional association to
16obtain any license pursuant to this Act to perform services
17that do not constitute licensable treatment or intervention as
18defined in this Act.
19    (f) Before any violation of this Act is reported by the
20Department or any of its agents to any State's Attorney for the
21institution of a criminal proceeding, the person against whom
22such proceeding is contemplated shall be given appropriate
23notice and an opportunity to present his views before the
24Department or its designated agent, either orally or in
25writing, in person or by an attorney, with regard to such
26contemplated proceeding. Nothing in this Act shall be



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1construed as requiring the Department to report minor
2violations of this Act whenever the Department believes that
3the public interest would be adequately served by a suitable
4written 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
8or program may provide the services or conduct the activities
9described in this Section without first obtaining a license
10therefor from the Department, unless otherwise exempted under
11this Act. The Department shall, by rule, provide requirements
12for each of the following types of licenses and categories of
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



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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
8and upon a showing of good cause for such, exempt off-site
9services from having to obtain a separate license for services
10conducted 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
15comprehensive, statewide, community-based strategy to reduce
16substance use and gambling disorders and prevent the misuse of
17illegal and legal drugs by persons of all ages, and to prevent
18the use of alcohol by minors. The system created to implement
19this strategy shall be based on the premise that coordination
20among and integration between all community and governmental
21systems will facilitate effective and efficient program
22implementation and utilization of existing resources.
23    (b) The statewide system developed under this Section may
24be adopted by administrative rule or funded as a grant award
25condition and shall be responsible for:



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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
10statewide strategy and system, the Department may engage in,
11but 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.



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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
9shall take into account, wherever possible, the needs and
10requirements of local communities. The Department shall also
11involve, wherever possible, local communities in its statewide
12planning efforts. These planning efforts shall include, but
13shall not be limited to, in cooperation with local community
14representatives and Department-funded agencies, the analysis
15and application of results of local needs assessments, as well
16as a process for the integration of an evaluation component
17into the system. The results of this collaborative planning
18effort shall be taken into account by the Department in making
19decisions regarding the allocation of prevention resources.
20    (e) Prevention programs funded in whole or in part by the
21Department shall maintain staff whose skills, training,
22experiences and cultural awareness demonstrably match the
23needs of the people they are serving.
24    (f) The Department may delegate the functions and
25activities described in subsection (c) of this Section to
26local, community-based providers.



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1(Source: P.A. 100-759, eff. 1-1-19.)
2    (20 ILCS 301/25-5)
3    Sec. 25-5. Establishment of comprehensive treatment
4system. The Department shall develop, fund and implement a
5comprehensive, statewide, community-based system for the
6provision of early intervention, treatment, and recovery
7support services for persons suffering from substance use or
8gambling disorders. The system created under this Section
9shall be based on the premise that coordination among and
10integration between all community and governmental systems
11will facilitate effective and efficient program implementation
12and 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
16shall adopt regulations for licensure, certification for
17Medicaid reimbursement, and to identify evidence-based best
18practice criteria that can be utilized for intervention and
19treatment services, taking into consideration available
20resources and facilities, for the purpose of early and
21effective treatment of substance use and gambling disorders.
22(Source: P.A. 100-759, eff. 1-1-19.)
23    (20 ILCS 301/30-5)



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1    Sec. 30-5. Patients' rights established.
2    (a) For purposes of this Section, "patient" means any
3person who is receiving or has received early intervention,
4treatment, or other recovery support services under this Act
5or any category of service licensed as "intervention" under
6this Act.
7    (b) No patient shall be deprived of any rights, benefits,
8or privileges guaranteed by law, the Constitution of the
9United States of America, or the Constitution of the State of
10Illinois solely because of his or her status as a patient.
11    (c) Persons who have substance use or gambling disorders
12who are also suffering from medical conditions shall not be
13discriminated against in admission or treatment by any
14hospital that receives support in any form supported in whole
15or in part by funds appropriated to any State department or
17    (d) Every patient shall have impartial access to services
18without regard to race, religion, sex, ethnicity, age, sexual
19orientation, gender identity, marital status, or other
21    (e) Patients shall be permitted the free exercise of
23    (f) Every patient's personal dignity shall be recognized
24in the provision of services, and a patient's personal privacy
25shall be assured and protected within the constraints of his
26or her individual treatment.



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1    (g) Treatment services shall be provided in the least
2restrictive environment possible.
3    (h) Each patient receiving treatment services shall be
4provided an individual treatment plan, which shall be
5periodically reviewed and updated as mandated by
6administrative rule.
7    (i) Treatment shall be person-centered, meaning that every
8patient shall be permitted to participate in the planning of
9his or her total care and medical treatment to the extent that
10his or her condition permits.
11    (j) A person shall not be denied treatment solely because
12he or she has withdrawn from treatment against medical advice
13on a prior occasion or had prior treatment episodes.
14    (k) The patient in residential treatment shall be
15permitted visits by family and significant others, unless such
16visits are clinically contraindicated.
17    (l) A patient in residential treatment shall be allowed to
18conduct private telephone conversations with family and
19friends unless clinically contraindicated.
20    (m) A patient in residential treatment shall be permitted
21to send and receive mail without hindrance, unless clinically
23    (n) A patient shall be permitted to manage his or her own
24financial affairs unless the patient or the patient's
25guardian, or if the patient is a minor, the patient's parent,
26authorizes another competent person to do so.



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1    (o) A patient shall be permitted to request the opinion of
2a consultant at his or her own expense, or to request an
3in-house review of a treatment plan, as provided in the
4specific procedures of the provider. A treatment provider is
5not liable for the negligence of any consultant.
6    (p) Unless otherwise prohibited by State or federal law,
7every patient shall be permitted to obtain from his or her own
8physician, the treatment provider, or the treatment provider's
9consulting physician complete and current information
10concerning the nature of care, procedures, and treatment that
11he or she will receive.
12    (q) A patient shall be permitted to refuse to participate
13in any experimental research or medical procedure without
14compromising his or her access to other, non-experimental
15services. Before a patient is placed in an experimental
16research or medical procedure, the provider must first obtain
17his or her informed written consent or otherwise comply with
18the federal requirements regarding the protection of human
19subjects contained in 45 CFR Part 46.
20    (r) All medical treatment and procedures shall be
21administered as ordered by a physician and in accordance with
22all Department rules.
23    (s) Every patient in treatment shall be permitted to
24refuse medical treatment and to know the consequences of such
25action. Such refusal by a patient shall free the treatment
26licensee from the obligation to provide the treatment.



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1    (t) Unless otherwise prohibited by State or federal law,
2every patient, patient's guardian, or parent, if the patient
3is a minor, shall be permitted to inspect and copy all clinical
4and other records kept by the intervention or treatment
5licensee or by his or her physician concerning his or her care
6and maintenance. The licensee or physician may charge a
7reasonable fee for the duplication of a record.
8    (u) No owner, licensee, administrator, employee, or agent
9of a licensed intervention or treatment program shall abuse or
10neglect a patient. It is the duty of any individual who becomes
11aware of such abuse or neglect to report it to the Department
13    (v) The licensee may refuse access to any person if the
14actions of that person are or could be injurious to the health
15and safety of a patient or the licensee, or if the person seeks
16access for commercial purposes.
17    (w) All patients admitted to community-based treatment
18facilities shall be considered voluntary treatment patients
19and such patients shall not be contained within a locked
21    (x) Patients and their families or legal guardians shall
22have the right to present complaints to the provider or the
23Department concerning the quality of care provided to the
24patient, without threat of discharge or reprisal in any form
25or manner whatsoever. The complaint process and procedure
26shall be adopted by the Department by rule. The treatment



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1provider shall have in place a mechanism for receiving and
2responding to such complaints, and shall inform the patient
3and the patient's family or legal guardian of this mechanism
4and how to use it. The provider shall analyze any complaint
5received and, when indicated, take appropriate corrective
6action. Every patient and his or her family member or legal
7guardian who makes a complaint shall receive a timely response
8from the provider that substantively addresses the complaint.
9The provider shall inform the patient and the patient's family
10or legal guardian about other sources of assistance if the
11provider has not resolved the complaint to the satisfaction of
12the patient or the patient's family or legal guardian.
13    (y) A patient may refuse to perform labor at a program
14unless such labor is a part of the patient's individual
15treatment plan as documented in the patient's clinical record.
16    (z) A person who is in need of services may apply for
17voluntary admission in the manner and with the rights provided
18for under regulations promulgated by the Department. If a
19person is refused admission, then staff, subject to rules
20promulgated by the Department, shall refer the person to
21another facility or to other appropriate services.
22    (aa) No patient shall be denied services based solely on
23HIV status. Further, records and information governed by the
24AIDS Confidentiality Act and the AIDS Confidentiality and
25Testing Code (77 Ill. Adm. Code 697) shall be maintained in
26accordance therewith.



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1    (bb) Records of the identity, diagnosis, prognosis or
2treatment of any patient maintained in connection with the
3performance of any service or activity relating to substance
4use or gambling disorder education, early intervention,
5intervention, training, or treatment that is regulated,
6authorized, or directly or indirectly assisted by any
7Department or agency of this State or under any provision of
8this Act shall be confidential and may be disclosed only in
9accordance with the provisions of federal law and regulations
10concerning the confidentiality of substance use disorder
11patient records as contained in 42 U.S.C. Sections 290dd-2 and
1242 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,



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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



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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
22all the rights enumerated in this Section and a copy, signed by
23the patient, shall be kept in every patient record. If a
24patient is unable to read such written explanation, it shall
25be read to the patient in a language that the patient
26understands. A copy of all the rights enumerated in this



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1Section shall be posted in a conspicuous place within the
2program where it may readily be seen and read by program
3patients and visitors.
4    (dd) The program shall ensure that its staff is familiar
5with and observes the rights and responsibilities enumerated
6in this Section.
7    (ee) Licensed organizations shall comply with the right of
8any adolescent to consent to treatment without approval of the
9parent or legal guardian in accordance with the Consent by
10Minors to Health Care Services Act.
11    (ff) At the point of admission for services, licensed
12organizations must obtain written informed consent, as defined
13in Section 1-10 and in administrative rule, from each client,
14patient, 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
19multidisciplinary approach to serving pregnant women and
20mothers, including those who are minors, and their children
21who are affected by substance use or gambling disorders, the
22Department shall have responsibility for an ongoing exchange
23of 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



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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
11and comprehensive directory of licensed providers that deliver
12treatment and intervention services. The Department shall post
13on its website a licensed provider directory updated at least
15    (g) As a condition of any State grant or contract, the
16Department shall require that any treatment program for women
17with substance use or gambling disorders provide services,
18either by its own staff or by agreement with other agencies or
19individuals, which include but need not be limited to the
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



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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
4Department shall require that any nonresidential program
5receiving any funding for treatment services accept women who
6are pregnant, provided that such services are clinically
7appropriate. Failure to comply with this subsection shall
8result in termination of the grant or contract and loss of
9State funding.
10    (i)(1) From funds appropriated expressly for the purposes
11of this Section, the Department shall create or contract with
12licensed, certified agencies to develop a program for the care
13and treatment of pregnant women, mothers and their children.
14The program shall be in Cook County in an area of high density
15population having a disproportionate number of women with
16substance use and other disorders and a high infant mortality
18    (2) From funds appropriated expressly for the purposes of
19this Section, the Department shall create or contract with
20licensed, certified agencies to develop a program for the care
21and treatment of low income pregnant women. The program shall
22be located anywhere in the State outside of Cook County in an
23area of high density population having a disproportionate
24number of low income pregnant women.
25    (3) In implementing the programs established under this
26subsection, the Department shall contract with existing



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1residential treatment or recovery homes in areas having a
2disproportionate number of women with substance use and other
3disorders who need residential treatment. Priority shall be
4given 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
14but 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.)



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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),
16and subject to appropriation, the Department may establish and
17fund treatment strategies to meet the developmental, social,
18and educational needs of high-risk pregnant adolescents and
19shall 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



SB3410 Engrossed- 53 -LRB103 38675 KTG 68812 b

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"
7means a person at least 12 but not more than 18 years of age
8with 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
14Revolving Fund, referred to in this Section as the "fund", to
15be held as a separate fund within the State Treasury. Monies in
16this fund shall be appropriated to the Department on a
17continuing annual basis. With these funds, the Department
18shall, directly or through subcontract, make loans to assist
19in underwriting the costs of housing in which there may reside
20individuals who are recovering from substance use or gambling
21disorders, and who are seeking an alcohol-free, gambling-free,
22or drug-free environment in which to live. Consistent with
23federal law and regulation, the Department may establish
24guidelines for approving the use and management of monies
25loaned from the fund, the operation of group homes receiving



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1loans under this Section and the repayment of monies loaned.
2    (b) There shall be deposited into the fund such amounts
3including, 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
19securities constituting obligations of the United States
20government, or in obligations the principal of and interest on
21which are guaranteed by the United States government, or in
22certificates of deposit of any State or national bank which
23are fully secured by obligations guaranteed as to principal
24and 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
4rate methodology and annualize the increased rate beginning
5with State fiscal year 2018 contracts to licensed providers of
6community-based substance use and gambling disorders disorder
7intervention or treatment, based on the additional amounts
8appropriated for the purpose of providing a rate increase to
9licensed providers. The Department shall adopt rules,
10including emergency rules under subsection (y) of Section 5-45
11of the Illinois Administrative Procedure Act, to implement the
12provisions of this Section.
13    (b) (Blank).
14    (c) Beginning on July 1, 2022, the Division of Substance
15Use Prevention and Recovery shall increase reimbursement rates
16for all community-based substance use disorder treatment and
17intervention services by 47%, including, but not limited to,
18all 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
5fiscal year thereafter, reimbursement rates for those
6community-based substance use disorder treatment and
7intervention services shall be adjusted upward by an amount
8equal to the Consumer Price Index-U from the previous year,
9not to exceed 2% in any State fiscal year. If there is a
10decrease in the Consumer Price Index-U, rates shall remain
11unchanged for that State fiscal year. The Department shall
12adopt rules, including emergency rules in accordance with the
13Illinois Administrative Procedure Act, to implement the
14provisions of this Section.
15    As used in this subsection, "consumer price index-u" means
16the index published by the Bureau of Labor Statistics of the
17United States Department of Labor that measures the average
18change in prices of goods and services purchased by all urban
19consumers, United States city average, all items, 1982-84 =
21    (d) Beginning on January 1, 2024, subject to federal
22approval, the Division of Substance Use Prevention and
23Recovery shall increase reimbursement rates for all ASAM level
243 residential/inpatient substance use disorder treatment and
25intervention services by 30%, including, but not limited to,
26the 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
16sober, safe, and healthy living environment that promotes
17recovery from alcohol and other drug use and associated
18problems. These residences are not subject to Department
19licensure as they are viewed as independent living residences
20that only provide peer support and a lengthened exposure to
21the culture of recovery.
22    (b) The Department shall develop and maintain an online
23registry for recovery residences that operate in Illinois to
24serve as a resource for individuals seeking continued recovery



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1    (c) Non-licensable recovery residences are encouraged to
2register with the Department and the registry shall be
3publicly available through online posting.
4    (d) The registry shall indicate any accreditation,
5certification, or licensure that each recovery residence has
6received from an entity that has developed uniform national
7standards. The registry shall also indicate each recovery
8residence's location in order to assist providers and
9individuals in finding alcohol, gambling, and drug free
10housing options with like-minded residents who are committed
11to alcohol, gambling, and drug free living.
12    (e) Registrants are encouraged to seek national
13accreditation from any entity that has developed uniform State
14or national standards for recovery residences.
15    (f) The Department shall include a disclaimer on the
16registry that states that the recovery residences are not
17regulated by the Department and their listing is provided as a
18resource 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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2 Statutes amended in order of appearance
3    20 ILCS 301/1-5
4    20 ILCS 301/1-10
5    20 ILCS 301/5-5
6    20 ILCS 301/5-10
7    20 ILCS 301/5-20
8    20 ILCS 301/10-10
9    20 ILCS 301/10-15
10    20 ILCS 301/15-5
11    20 ILCS 301/15-10
12    20 ILCS 301/20-5
13    20 ILCS 301/25-5
14    20 ILCS 301/25-10
15    20 ILCS 301/30-5
16    20 ILCS 301/35-5
17    20 ILCS 301/35-10
18    20 ILCS 301/50-40
19    20 ILCS 301/55-30
20    20 ILCS 301/55-40