(20 ILCS 301/15-5)
Sec. 15-5. Applicability.
(a) It is unlawful for any person to provide treatment for substance use disorders or to provide services as specified in
subsections (a) and (b) of Section 15-10 of this Act unless the
person is licensed to do so by the Department. The performance of these
activities by any person in violation of
this Act is declared to be inimical to the public health and welfare, and to be
a public nuisance. The Department may undertake such inspections and
investigations as it deems appropriate to determine whether licensable
activities are being conducted without the requisite license.
(b) Nothing in this Act shall be construed to require any hospital, as
defined by the Hospital Licensing Act, required to have a license from the
Department of Public Health pursuant to the Hospital Licensing Act to obtain
any license under this Act for any substance use disorder
treatment services operated on the licensed premises of the hospital, and
operated by the hospital or its designated agent, provided that such services
are covered within the scope of the Hospital Licensing Act. No person or
facility required to be licensed under this Act shall be required to obtain a
license pursuant to the Hospital Licensing Act or the Child Care Act of 1969.
(c) Nothing in this Act shall be construed to require an individual
employee of a licensed program to be licensed under this Act.
(d) Nothing in this Act shall be construed to require any private
professional practice, whether by an individual practitioner, by a partnership,
or by a duly incorporated professional service corporation, that provides
outpatient treatment for substance use disorders to be licensed under
this Act, provided that the treatment is rendered personally by the
professional in his own name and the professional is authorized by individual
professional licensure or registration from the Department of Financial and Professional
Regulation to provide substance use disorder treatment unsupervised. This exemption shall not apply
to such private professional practice that provides or holds itself out, as defined in Section 1-10, as providing substance use disorder outpatient treatment. This exemption
shall also not apply to licensable intervention services, research, or residential
treatment services as defined in this Act or by rule.
Notwithstanding any other provisions of this subsection to the contrary,
persons licensed to practice medicine in all of its branches in Illinois shall
not require licensure under this Act unless their private professional practice
provides and holds itself out, as defined in Section 1-10, as providing substance use disorder outpatient treatment.
(e) Nothing in this Act shall be construed to require any employee
assistance program operated by an employer or any intervenor program operated
by a professional association to obtain any license pursuant to this Act to
perform services that do not constitute licensable treatment or intervention as
defined in this Act.
(f) Before any violation of this Act is reported by the Department or any of
its agents to any State's Attorney for the institution of a criminal
proceeding, the person against whom such proceeding is contemplated shall be
given appropriate notice and an opportunity to present his views before the
Department or its designated agent, either orally or in writing, in person or
by an attorney, with regard to such contemplated proceeding. Nothing in this
Act shall be construed as requiring the Department to report minor violations
of this Act whenever the Department believes that the public interest would be
adequately served by a suitable written notice or warning.
(Source: P.A. 100-759, eff. 1-1-19.)
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