|
|
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 |
shall:
|
(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
|
dependency.
|
(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 |
minors. |
(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 |
Governor.
|
(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 |
Governor.
|
(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 |
President.
|
(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 |
Education.
|
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
|
service:
|
(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 |
dependency.
|
(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.
|