Full Text of HB3161 100th General Assembly
HB3161enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Alcoholism and Other Drug Abuse and | 5 | | Dependency Act is amended by adding Section 5-10 and by adding | 6 | | Section 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 | 10 | | in the Department
by this Act, or by other laws of this State, | 11 | | the 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 | 17 | | in it by this
Act, or by other laws of this State, the | 18 | | Department may undertake, but shall
not be limited to, the | 19 | | following 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 | 10 | | website. The Department shall create and maintain a website to | 11 | | educate the public on heroin and prescription opioid abuse. At | 12 | | a 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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| 1 | | the provisions of this Section.
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