HB4113 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4113

 

Introduced 9/3/2021, by Rep. Deb Conroy - Robyn Gabel - Lindsey LaPointe - Michelle Mussman, Katie Stuart, et al.

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/5.935 new
20 ILCS 1305/1-41 new

    Amends the Department of Human Services Act. Creates the Mental Health and Substance Use Disorder Oversight Officer (Officer) within the Department of Human Services under the Secretary of Human Services. Provides that the Officer shall be appointed by the Governor with the advice and consent of the Senate. Permits the Officer to: (i) maintain a staff; (ii) make recommendations for policy, statute, and rule changes; (iii) collect data on the opioid crisis; (iv) ensure the coordination of efforts between various State agencies involved in treating mental health and substance use disorders within the State; and (v) encourage, promote, suggest, and report best practices for treating mental health and substance use disorders in Illinois. Prohibits the Officer from participating in the issuance of any licensing or certification of mental health or substance use disorder treatment services. Prohibits the Officer from participating in any adjudicative decision-making process involving licensing, certification, or licensee discipline. Permits the Officer to compile, collect, or otherwise gather data necessary for the administration of the amendatory Act and to carry out the Officer's duties relating to the recommendation of policy changes. Amends the State Finance Act. Creates the Mental Health and Substance Use Disorder Oversight Officer Fund. Provides that moneys in the fund shall be expended for the Officer, its staff, and its activities and for no other purpose. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 State Finance Act is amended by adding
5Section 5.935 as follows:
 
6    (30 ILCS 105/5.935 new)
7    Sec. 5.935. The Mental Health and Substance Use Disorder
8Oversight Officer Fund.
 
9    Section 10. The Department of Human Services Act is
10amended by adding Section 1-41 as follows:
 
11    (20 ILCS 1305/1-41 new)
12    Sec. 1-41. Mental Health and Substance Use Disorder
13Oversight Officer.
14    (a) The position of Mental Health and Substance Use
15Disorder Oversight Officer is created within the Department of
16Human Services under the Secretary of Human Services. The
17Mental Health and Substance Use Disorder Oversight Officer
18shall be appointed by the Governor with the advice and consent
19of the Senate. The term of office of the Officer shall expire
20on the third Monday of January in odd-numbered years provided
21that he or she shall hold office until a successor is appointed

 

 

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1and qualified. In case of vacancy in office during the recess
2of the Senate, the Governor shall make a temporary appointment
3until the next meeting of the Senate, when the Governor shall
4nominate some person to fill the office, and any person so
5nominated who is confirmed by the Senate shall hold office
6during the remainder of the term and until his or her successor
7is appointed and qualified.
8    (b) The Mental Health and Substance Use Disorder Oversight
9Officer may:
10        (1) maintain a staff;
11        (2) make recommendations for policy, statute, and rule
12    changes;
13        (3) collect data both in Illinois and outside Illinois
14    regarding the opioid crisis;
15        (4) ensure the coordination of efforts between various
16    State agencies involved in treating mental health and
17    substance use disorders within the State of Illinois; and
18        (5) encourage, promote, suggest, and report best
19    practices for treating mental health and substance use
20    disorders in Illinois.
21    (c) The Mental Health and Substance Use Disorder Oversight
22Officer shall not:
23        (1) participate in the issuance of any licensing or
24    certification of mental health or substance use disorder
25    treatment services; or
26        (2) participate in any adjudicative decision-making

 

 

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1    process involving licensing, certification, or licensee
2    discipline.
3    (d) Any funding required for the Mental Health and
4Substance Use Disorder Oversight Officer, its staff, or its
5activities shall be drawn from the Mental Health and Substance
6Use Disorder Oversight Officer Fund created in subsection (f).
7    (e) The Mental Health and Substance Use Disorder Oversight
8Officer may compile, collect, or otherwise gather data
9necessary for the administration of this Section and to carry
10out the Officer's duty relating to the recommendation of
11policy changes. The Mental Health and Substance Use Disorder
12Oversight Officer may direct the Department of Public Health
13and any other relevant State agency to assist in the
14compilation, collection, and data gathering authorized under
15this subsection. The Mental Health and Substance Use Disorder
16Oversight Officer shall compile all of the data into a single
17report and submit the report to the Governor and the General
18Assembly and publish the report on its website.
19    (f) The Mental Health and Substance Use Disorder Oversight
20Officer Fund is created as a special fund in the State
21treasury. The Fund shall consist of any moneys appropriated to
22the Department of Human Services for the Mental Health and
23Substance Use Disorder Oversight Officer, its staff, or its
24activities. Moneys shall be expended for the Mental Health and
25Substance Use Disorder Oversight Officer, its staff, and its
26activities and for no other purpose. All interest earned on

 

 

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1the moneys in the Fund shall be deposited into the Fund.
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.