Illinois General Assembly - Full Text of Public Act 094-1033
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Public Act 094-1033




Public Act 094-1033
SB2199 Enrolled LRB094 15518 RSP 50717 b

    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 changing Sections 10-5, 10-10,
10-15, and 15-10 as follows:
    (20 ILCS 301/10-5)
    Sec. 10-5. Illinois Advisory Council established. There is
established the Illinois Advisory Council on Alcoholism and
Other Drug Dependency. The members of the Council shall receive
no compensation for their service but shall be reimbursed for
all expenses actually and necessarily incurred by them in the
performance of their duties under this Act, and within the
amounts made available to them by the Department. The Council
shall annually elect a presiding officer from among its
membership. The Council shall meet quarterly or from time to
time at the call of the Department, or at the call of its
presiding officer, or upon the request of a majority of its
members. The Department shall provide space and clerical and
consulting services to the Council.
(Source: P.A. 88-80.)
    (20 ILCS 301/10-10)
    Sec. 10-10. Powers and duties of the Council. The Council
        (a) advise the Department on ways to encourage public
    understanding and support of the Department's programs.
        (b) advise the Department on regulations and licensure
    proposed by the Department.
        (c) advise the Department in the formulation,
    preparation and implementation of the comprehensive State
    plan for prevention, intervention, treatment and relapse
    prevention of alcoholism and other drug abuse and
        (d) advise the Department on implementation of
    alcoholism and other drug abuse and dependency education
    and prevention programs throughout the State.
        (e) by January 1, 1995, and by January 1 of every third
    year thereafter, in cooperation with the Committee on
    Women's Alcohol and Substance Abuse Treatment, submit to
    the Governor and General Assembly a planning document,
    specific to Illinois' female population. The document
    shall contain, but need not be limited to, interagency
    information concerning the types of services funded, the
    client population served, the support services available
    and provided during the preceding 3 year period, and the
    goals, objectives, proposed methods of achievement, client
    projections and cost estimate for the upcoming 3 year
    period. The document may include, if deemed necessary and
    appropriate, recommendations regarding the reorganization
    of the Department to enhance and increase prevention,
    treatment and support services available to women.
        (f) perform other duties as requested by the Secretary.
        (g) advise the Department in the planning,
    development, and coordination of programs among all
    agencies and departments of State government, including
    programs to reduce alcoholism and drug addiction, prevent
    the use of illegal drugs and abuse of legal drugs by
    persons of all ages, and prevent the use of alcohol by
        (h) promote and encourage participation by the private
    sector, including business, industry, labor, and the
    media, in programs to prevent alcoholism and other drug
    abuse and dependency.
        (i) encourage the implementation of programs to
    prevent alcoholism and other drug abuse and dependency in
    the public and private schools and educational
    institutions, including establishment of alcoholism and
    other drug abuse and dependency programs.
        (j) gather information, conduct hearings, and make
    recommendations to the Secretary concerning additions,
    deletions, or rescheduling of substances under the
    Illinois Controlled Substances Act.
        (k) report annually to the General Assembly regarding
    the activities and recommendations made by the Council.
    With the advice and consent of the Secretary, the presiding
officer shall annually appoint a Special Committee on
Licensure, which shall advise the Secretary on particular cases
on which the Department intends to take action that is adverse
to an applicant or license holder, and shall review an annual
report submitted by the Secretary summarizing all licensure
sanctions imposed by the Department.
(Source: P.A. 88-80; 89-507, eff. 7-1-97.)
    (20 ILCS 301/10-15)
    Sec. 10-15. Qualification and appointment of members. The
membership of the Illinois Advisory Council shall consist of:
        (a) a State's Attorney designated by the President of
    the Illinois State's Attorneys Association.
        (b) a judge designated by the Chief Justice of the
    Illinois Supreme Court.
        (c) a Public Defender appointed by the President of the
    Illinois Public Defenders Association.
        (d) a local law enforcement officer appointed by the
        (e) a labor representative appointed by the Governor.
        (f) an educator appointed by the Governor.
        (g) a physician licensed to practice medicine in all
    its branches appointed by the Governor with due regard for
    the appointee's knowledge of the field of alcoholism and
    other drug abuse and dependency.
        (h) 4 members of the Illinois House of Representatives,
    2 each appointed by the Speaker and Minority Leader.
        (i) 4 members of the Illinois Senate, 2 each appointed
    by the President and Minority Leader.
        (j) the President of the Illinois Alcoholism and Drug
    Dependence Association.
        (k) an advocate for the needs of youth appointed by the
        (l) the President of the Illinois State Medical Society
    or his or her designee.
        (m) the President of the Illinois Hospital Association
    or his or her designee.
        (n) the President of the Illinois Nurses Association or
    a registered nurse designated by the President.
        (o) the President of the Illinois Pharmacists
    Association or a licensed pharmacist designated by the
        (p) the President of the Illinois Chapter of the
    Association of Labor Management Administrators and
    Consultants on Alcoholism.
        (p-1) the President of the Community Behavioral
    Healthcare Association of Illinois or his or her designee.
        (q) the Attorney General or his or her designee.
        (r) the State Comptroller or his or her designee.
        (s) 20 public members, 8 appointed by the Governor, 3
    of whom shall be representatives of alcoholism or other
    drug abuse and dependency treatment programs and one of
    whom shall be a representative of a manufacturer or
    importing distributor of alcoholic liquor licensed by the
    State of Illinois, and 3 public members appointed by each
    of the President and Minority Leader of the Senate and the
    Speaker and Minority Leader of the House.
        (t) The Director, Secretary, or other chief
    administrative officer, ex officio, or his or her designee,
    of each of the following: the Department on Aging, the
    Department of Children and Family Services, the Department
    of Corrections, the Department of Juvenile Justice, the
    Department of Healthcare and Family Services, the
    Department of Revenue, the Department of Public Health, the
    Department of Financial and Professional Regulation, the
    Department of State Police, the Administrative Office of
    the Illinois Courts, the Criminal Justice Information
    Authority, and the Department of Transportation.
        (u) Each of the following, ex officio, or his or her
    designee: the Secretary of State, the State Superintendent
    of Education, and the Chairman of the Board of Higher
    The public members may not be officers or employees of the
executive branch of State government; however, the public
members may be officers or employees of a State college or
university or of any law enforcement agency. In appointing
members, due consideration shall be given to the experience of
appointees in the fields of medicine, law, prevention,
correctional activities, and social welfare. Vacancies in the
public membership shall be filled for the unexpired term by
appointment in like manner as for original appointments, and
the appointive members shall serve until their successors are
appointed and have qualified. Vacancies among the public
members appointed by the legislative leaders shall be filled by
the leader of the same house and of the same political party as
the leader who originally appointed the member.
    Each non-appointive member may designate a representative
to serve in his place by written notice to the Department. All
General Assembly members shall serve until their respective
successors are appointed or until termination of their
legislative service, whichever occurs first. The terms of
office for each of the members appointed by the Governor shall
be for 3 years, except that of the members first appointed, 3
shall be appointed for a term of one year, and 4 shall be
appointed for a term of 2 years. The terms of office of each of
the public members appointed by the legislative leaders shall
be for 2 years.
(Source: P.A. 91-329, eff. 7-29-99.)
    (20 ILCS 301/15-10)
    Sec. 15-10. Licensure categories. No person or program may
provide the services or conduct the activities described in
this Section without first obtaining a license therefor from
the Department. The Department shall, by rule, provide
licensure requirements for each of the following categories of
        (a) Residential treatment for alcoholism and other
    drug abuse and dependency, sub-acute inpatient treatment,
    clinically managed or medically monitored detoxification,
    and residential extended care (formerly halfway house).
        (b) Outpatient treatment for alcoholism and other drug
    abuse and dependency.
        (c) The screening, assessment, referral or tracking of
    clients identified by the criminal justice system as having
    indications of alcoholism or other drug abuse or
        (d) D.U.I. evaluation services for Illinois courts and
    the Secretary of State.
        (e) D.U.I. remedial education services for Illinois
    courts or the Secretary of State.
        (f) Recovery home services for persons in early
    recovery from substance abuse or for persons who have
    recently completed or who may still be receiving substance
    abuse treatment services.
    The Department may, under procedures established by rule
and upon a showing of good cause for such, exempt off-site
services from having to obtain a separate license for services
conducted away from the provider's primary service location.
(Source: P.A. 91-922, eff. 7-7-00.)
    (20 ILCS 301/10-40 rep.)
    (20 ILCS 301/10-45 rep.)
    (20 ILCS 301/10-50 rep.)
    Section 10. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by repealing Sections 10-40, 10-45,
and 10-50.
    Section 99. Effective date. This Act takes effect July 1,

Effective Date: 7/1/2007