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Public Act 100-0494
Public Act 0494 100TH GENERAL ASSEMBLY
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Public Act 100-0494
| | HB3161 Enrolled | LRB100 08029 KTG 18113 b |
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| AN ACT concerning State government.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Alcoholism and Other Drug Abuse and | Dependency Act is amended by adding Section 5-10 and by adding | Section 20-30 as follows:
| (20 ILCS 301/5-10)
| Sec. 5-10. Functions of the Department.
| (a) In addition to the powers, duties and functions vested | in the Department
by this Act, or by other laws of this State, | the Department shall carry out the
following activities:
| (1) Design, coordinate and fund a comprehensive and | coordinated
community-based and culturally and | gender-appropriate array of services
throughout the State | for the prevention, intervention, treatment and
| rehabilitation of alcohol and other drug abuse and | dependency that is
accessible and addresses the needs of | at-risk or addicted individuals and their
families.
| (2) Act as the exclusive State agency to accept, | receive and expend,
pursuant to appropriation, any public | or private monies, grants or services,
including those | received from the federal government or from other State
| agencies, for the purpose of providing an array of services |
| for the prevention,
intervention, treatment and | rehabilitation of alcoholism or other drug abuse or
| dependency. Monies received by the Department shall be | deposited into
appropriate funds as may be created by State | law or administrative action.
| (2.5) In partnership with the Department of Healthcare | and Family Services, act as one of the principal State | agencies for the sole purpose of calculating the | maintenance of effort requirement under Section 1930 of | Title XIX, Part B, Subpart II of the Public Health Service | Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR | 96.134).
| (3) Coordinate a statewide strategy among State | agencies for the
prevention, intervention, treatment and | rehabilitation of alcohol and other
drug abuse and | dependency. This strategy shall include the development of | an
annual comprehensive State plan for the provision of an | array of services for
education, prevention, intervention, | treatment, relapse prevention and other
services and | activities to alleviate alcoholism and other drug abuse and
| dependency. The plan shall be based on local | community-based needs and upon
data including, but not | limited to, that which defines the prevalence of and
costs | associated with the abuse of and dependency upon alcohol | and other drugs.
This comprehensive State plan shall | include identification of problems, needs,
priorities, |
| services and other pertinent information, including the | needs of
minorities and other specific populations in the | State, and shall describe how
the identified problems and | needs will be addressed. For purposes of this
paragraph, | the term "minorities and other specific populations" may | include,
but shall not be limited to, groups such as women, | children, intravenous drug
users, persons with AIDS or who | are HIV infected, African-Americans, Puerto
Ricans, | Hispanics, Asian Americans, the elderly, persons in the | criminal
justice system, persons who are clients of | services provided by other State
agencies, persons with | disabilities and such other specific populations as the
| Department may from time to time identify. In developing | the plan, the
Department shall seek input from providers, | parent groups, associations and
interested citizens.
| Beginning with State fiscal year 1996, the annual | comprehensive State plan
developed under this Section | shall include an explanation of the rationale to
be used in | ensuring that funding shall be based upon local community | needs,
including, but not limited to, the incidence and | prevalence of, and costs
associated with, the abuse of and | dependency upon alcohol and other drugs, as
well as upon | demonstrated program performance.
| The annual comprehensive State plan developed under | this Section shall
contain a report detailing the | activities of and progress made by the programs
for the |
| care and treatment of addicted pregnant women, addicted | mothers and
their children established under subsection | (j) of Section 35-5 of this Act.
| Each State agency which provides or funds alcohol or | drug prevention,
intervention and treatment services shall | annually prepare an agency plan for
providing such | services, and these shall be used by the Department in | preparing
the annual comprehensive statewide plan. Each | agency's annual plan for alcohol
and drug abuse services | shall contain a report on the activities and progress
of | such services in the prior year. The Department may provide | technical
assistance to other State agencies, as required, | in the development of their
agency plans.
| (4) Lead, foster and develop cooperation, coordination | and agreements
among federal and State governmental | agencies and local providers that provide
assistance, | services, funding or other functions, peripheral or | direct, in the
prevention, intervention, treatment or | rehabilitation of alcoholism and other
drug abuse and | dependency. This shall include, but shall not be limited | to,
the following:
| (A) Cooperate with and assist the Department of | Corrections and
the Department on Aging in | establishing and conducting programs relating to | alcoholism
and other drug abuse and dependency among | those populations which they
respectively serve.
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| (B) Cooperate with and assist the Illinois | Department of Public Health
in the establishment, | funding and support of programs and services for the
| promotion of maternal and child health and the | prevention and treatment of
infectious diseases, | including but not limited to HIV infection, especially
| with respect to those persons who may abuse drugs by | intravenous injection, or
may have been sexual | partners of drug abusers, or may have abused substances | so
that their immune systems are impaired, causing them | to be at high risk.
| (C) Supply to the Department of Public Health and | prenatal care
providers a list of all alcohol and other | drug abuse service providers for
addicted pregnant | women in this State.
| (D) Assist in the placement of child abuse or | neglect perpetrators
(identified by the Illinois | Department of Children and Family Services) who
have | been determined to be in need of alcohol or other drug | abuse services
pursuant to Section 8.2 of the Abused | and Neglected Child Reporting Act.
| (E) Cooperate with and assist the Illinois | Department of Children and
Family Services in carrying | out its mandates to:
| (i) identify alcohol and other drug abuse | issues among its clients and
their families; and
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| (ii) develop programs and services to deal | with such problems.
| These programs and services may include, but shall not | be limited to,
programs to prevent the abuse of alcohol | or other drugs by DCFS clients and
their families, | rehabilitation services, identifying child care needs | within
the array of alcohol and other drug abuse | services, and assistance with other
issues as | required.
| (F) Cooperate with and assist the Illinois | Criminal Justice Information
Authority with respect to | statistical and other information concerning drug
| abuse incidence and prevalence.
| (G) Cooperate with and assist the State | Superintendent of Education,
boards of education, | schools, police departments, the Illinois Department | of
State Police, courts and other public and private | agencies and individuals in
establishing prevention | programs statewide and preparing curriculum materials
| for use at all levels of education. An agreement shall | be entered into with the
State Superintendent of | Education to assist in the establishment of such
| programs.
| (H) Cooperate with and assist the Illinois | Department of Healthcare and Family Services in
the | development and provision of services offered to |
| recipients of public
assistance for the treatment and | prevention of alcoholism and other drug abuse
and | dependency.
| (I) Provide training recommendations to other | State agencies funding
alcohol or other drug abuse | prevention, intervention, treatment or
rehabilitation | services.
| (5) From monies appropriated to the Department from the | Drunk and Drugged
Driving Prevention Fund, make grants to | reimburse DUI evaluation and remedial
education programs | licensed by the Department for the costs of providing
| indigent persons with free or reduced-cost services | relating to a charge of
driving under the influence of | alcohol or other drugs.
| (6) Promulgate regulations to provide appropriate | standards for publicly
and privately funded programs as | well as for levels of payment to government
funded programs | which provide an array of services for prevention,
| intervention, treatment and rehabilitation for alcoholism | and other drug abuse
or dependency.
| (7) In consultation with local service providers, | specify a uniform
statistical methodology for use by | agencies, organizations, individuals and the
Department | for collection and dissemination of statistical | information
regarding services related to alcoholism and | other drug use and abuse. This
shall include prevention |
| services delivered, the number of persons treated,
| frequency of admission and readmission, and duration of | treatment.
| (8) Receive data and assistance from federal, State and | local governmental
agencies, and obtain copies of | identification and arrest data from all federal,
State and | local law enforcement agencies for use in carrying out the | purposes
and functions of the Department.
| (9) Designate and license providers to conduct | screening, assessment,
referral and tracking of clients | identified by the criminal justice system as
having | indications of alcoholism or other drug abuse or dependency | and being
eligible to make an election for treatment under | Section 40-5 of this Act, and
assist in the placement of | individuals who are under court order to participate
in | treatment.
| (10) Designate medical examination and other programs | for determining
alcoholism and other drug abuse and | dependency.
| (11) Encourage service providers who receive financial | assistance in any
form from the State to assess and collect | fees for services rendered.
| (12) Make grants with funds appropriated from the Drug | Treatment Fund in
accordance with Section 7 of the | Controlled Substance and Cannabis Nuisance
Act, or in | accordance with Section 80 of the Methamphetamine Control |
| and Community Protection Act, or in accordance with | subsections (h) and (i) of Section 411.2 of the
Illinois | Controlled Substances Act.
| (13) Encourage all health and disability insurance | programs to include
alcoholism and other drug abuse and | dependency as a covered illness.
| (14) Make such agreements, grants-in-aid and | purchase-care arrangements
with any other department, | authority or commission of this State, or any other
state | or the federal government or with any public or private | agency, including
the disbursement of funds and furnishing | of staff, to effectuate the purposes
of this Act.
| (15) Conduct a public information campaign to inform | the State's
Hispanic residents regarding the prevention | and treatment of alcoholism.
| (b) In addition to the powers, duties and functions vested | in it by this
Act, or by other laws of this State, the | Department may undertake, but shall
not be limited to, the | following activities:
| (1) Require all programs funded by the Department to | include an education
component to inform participants | regarding the causes and means of transmission
and methods | of reducing the risk of acquiring or transmitting HIV | infection,
and to include funding for such education | component in its support of the
program.
| (2) Review all State agency applications for federal |
| funds which include
provisions relating to the prevention, | early intervention and treatment of
alcoholism and other | drug abuse and dependency in order to ensure consistency
| with the comprehensive statewide plan developed pursuant | to this Act.
| (3) Prepare, publish, evaluate, disseminate and serve | as a central
repository for educational materials dealing | with the nature and effects of
alcoholism and other drug | abuse and dependency. Such materials may deal with
the | educational needs of the citizens of Illinois, and may | include at least
pamphlets which describe the causes and | effects of fetal alcohol syndrome,
which the Department may | distribute free of charge to each county clerk in
| sufficient quantities that the county clerk may provide a | pamphlet to the
recipients of all marriage licenses issued | in the county.
| (4) Develop and coordinate, with regional and local | agencies, education
and training programs for persons | engaged in providing the array of services
for persons | having alcoholism or other drug abuse and dependency | problems,
which programs may include specific HIV | education and training for program
personnel.
| (5) Cooperate with and assist in the development of | education, prevention
and treatment programs for employees | of State and local governments and
businesses in the State.
| (6) Utilize the support and assistance of interested |
| persons in the
community, including recovering addicts and | alcoholics, to assist individuals
and communities in | understanding the dynamics of addiction, and to encourage
| individuals with alcohol or other drug abuse or dependency | problems to
voluntarily undergo treatment.
| (7) Promote, conduct, assist or sponsor basic | clinical, epidemiological
and statistical research into | alcoholism and other drug abuse and dependency,
and | research into the prevention of those problems either | solely or in
conjunction with any public or private agency.
| (8) Cooperate with public and private agencies, | organizations and
individuals in the development of | programs, and to provide technical assistance
and | consultation services for this purpose.
| (9) Publish or provide for the publishing of a manual | to assist medical
and social service providers in | identifying alcoholism and other drug abuse and
dependency | and coordinating the multidisciplinary delivery of | services to
addicted pregnant women, addicted mothers and | their children. The manual may
be used only to provide | information and may not be used by the Department to
| establish practice standards. The Department may not | require recipients to use
specific providers nor may they | require providers to refer recipients to
specific | providers. The manual may include, but need not be limited | to, the
following:
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| (A) Information concerning risk assessments of | women seeking prenatal,
natal, and postnatal medical | care.
| (B) Information concerning risk assessments of | infants who may be
substance-affected.
| (C) Protocols that have been adopted by the | Illinois Department of
Children and Family Services | for the reporting and investigation of allegations
of | child abuse or neglect under the Abused and Neglected | Child Reporting Act.
| (D) Summary of procedures utilized in juvenile | court in cases of
children alleged or found to be | abused or neglected as a result of being born
to | addicted women.
| (E) Information concerning referral of addicted | pregnant women,
addicted mothers and their children by | medical, social service, and substance
abuse treatment | providers, by the Departments of Children and Family | Services, Public Aid, Public Health, and
Human | Services.
| (F) Effects of substance abuse on infants and | guidelines on the
symptoms, care, and comfort of | drug-withdrawing infants.
| (G) Responsibilities of the Illinois Department of | Public Health to
maintain statistics on the number of | children in Illinois addicted at birth.
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| (10) To the extent permitted by federal law or | regulation, establish and
maintain a clearinghouse and | central repository for the development and
maintenance of a | centralized data collection and dissemination system and a
| management information system for all alcoholism and other | drug abuse
prevention, early intervention and treatment | services.
| (11) Fund, promote or assist programs, services, | demonstrations or
research dealing with addictive or | habituating behaviors detrimental to the
health of | Illinois citizens.
| (12) With monies appropriated from the Group Home Loan | Revolving Fund,
make loans, directly or through | subcontract, to assist in underwriting the
costs of housing | in which individuals recovering from alcohol or other drug
| abuse or dependency may reside in groups of not less than 6 | persons, pursuant
to Section 50-40 of this Act.
| (13) Promulgate such regulations as may be necessary | for the
administration of grants or to otherwise carry out | the purposes and enforce the
provisions of this Act.
| (14) Fund programs to help parents be effective in | preventing
substance abuse by building an awareness of | drugs and alcohol and the family's
role in preventing abuse | through adjusting expectations, developing new skills,
and | setting positive family goals. The programs shall include, | but not be
limited to, the following subjects: healthy |
| family communication; establishing
rules and limits; how | to reduce family conflict; how to build self-esteem,
| competency, and responsibility in children; how to improve | motivation and
achievement; effective discipline; problem | solving techniques; and how to talk
about drugs and | alcohol. The programs shall be open to all parents.
| (Source: P.A. 94-556, eff. 9-11-05; 95-331, eff. 8-21-07.)
| (20 ILCS 301/20-30 new) | Sec. 20-30. Opioid prevention and abuse; public awareness | website. The Department shall create and maintain a website to | educate the public on heroin and prescription opioid abuse. At | a minimum, the website shall include: | (1) information on the warning signs of heroin and | prescription opioid addiction; | (2) helpful hints for parents on how to discuss the | dangers of heroin and prescription opioid addiction with | their children; | (3) information on available treatment options and | services; | (4) a listing of the toll-free number established by | the Department to provide information and referral | services for persons with questions concerning substance | abuse and treatment; and | (5) links to flyers and resources for download. | The Department shall adopt any rules necessary to implement |
| the provisions of this Section.
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Effective Date: 6/1/2018
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