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1		AN ACT concerning State government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Substance Use Disorder Act is amended by
5		changing Sections 1-5, 1-10, 5-5, 5-10, 5-20, 10-10, 10-15,
6		10-20, 10-25, 10-30, 10-35, 10-40, 10-45, 10-50, 10-55, 10-60,
7		15-10, 20-5, 25-5, 25-10, 30-5, 35-5, 35-10, 40-5, 40-10,
8		40-15,40-20, 45-5, 45-10, 45-15, 45-20, 45-25, 45-30, 45-35,
9		45-40, 45-45, 45-50, 45-55, 50-5, 50-10, 50-20, 50-25, 50-30,
10		50-40, 55-30, 55-35, and 55-40, as follows:
11		(20 ILCS 301/1-5)
12		Sec. 1-5. Legislative declaration. Substance use and
13		gambling disorders, as defined in this Act, constitute a
14		serious public health problem. The effects on public safety
15		and the criminal justice system cause serious social and
16		economic losses, as well as great human suffering. It is
17		imperative that a comprehensive and coordinated strategy be
18		developed under the leadership of a State agency. This
19		strategy should be implemented through the facilities of
20		federal and local government and community-based agencies
21		(which may be public or private, volunteer or professional).
22		Through local prevention, early intervention, treatment, and
23		other recovery support services, this strategy should empower

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1		those struggling with these substance use disorders (and, when
2		appropriate, the families of those persons) to lead healthy
3		lives.
4		The human, social, and economic benefits of preventing
5		these substance use disorders are great, and it is imperative
6		that there be interagency cooperation in the planning and
7		delivery of prevention, early intervention, treatment, and
8		other recovery support services in Illinois.
9		The provisions of this Act shall be liberally construed to
10		enable the Department to carry out these objectives and
11		purposes.
12		(Source: P.A. 100-759, eff. 1-1-19.)
13		(20 ILCS 301/1-10)
14		Sec. 1-10. Definitions. As used in this Act, unless the
15		context clearly indicates otherwise, the following words and
16		terms have the following meanings:
17		"Case management" means a coordinated approach to the
18		delivery of health and medical treatment, substance use
19		disorder treatment, gambling disorder treatment, mental health
20		treatment, and social services, linking patients with
21		appropriate services to address specific needs and achieve
22		stated goals. In general, case management assists patients
23		with other disorders and conditions that require multiple
24		services over extended periods of time and who face difficulty
25		in gaining access to those services.

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1		"Crime of violence" means any of the following crimes:
2		murder, voluntary manslaughter, criminal sexual assault,
3		aggravated criminal sexual assault, predatory criminal sexual
4		assault of a child, armed robbery, robbery, arson, kidnapping,
5		aggravated battery, aggravated arson, or any other felony that
6		involves the use or threat of physical force or violence
7		against another individual.
8		"Department" means the Department of Human Services.
9		"DUI" means driving under the influence of alcohol or
10		other drugs.
11		"Designated program" means a category of service
12		authorized by an intervention license issued by the Department
13		for delivery of all services as described in Article 40 in this
14		Act.
15		"Early intervention" means services, authorized by a
16		treatment license, that are sub-clinical and pre-diagnostic
17		and that are designed to screen, identify, and address risk
18		factors that may be related to problems associated with a
19		substance use or gambling disorder substance use disorders and
20		to assist individuals in recognizing harmful consequences.
21		Early intervention services facilitate emotional and social
22		stability and involve involves referrals for treatment, as
23		needed.
24		"Facility" means the building or premises are used for the
25		provision of licensable services, including support services,
26		as set forth by rule.

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1		"Gambling disorder" means persistent and recurring
2		maladaptive gambling behavior that disrupts personal, family,
3		or vocational pursuits.
4		"Gambling" means the risking of money or other items of
5		value in games of chance, including video gaming, sports
6		betting, and other games of chance.
7		"Gaming" means the action or practice of playing video
8		games.
9		"Holds itself out" means any activity that would lead one
10		to reasonably conclude that the individual or entity provides
11		or intends to provide licensable substance-related disorder
12		intervention or treatment services. Such activities include,
13		but are not limited to, advertisements, notices, statements,
14		or contractual arrangements with managed care organizations,
15		private health insurance, or employee assistance programs to
16		provide services that require a license as specified in
17		Article 15.
18		"Informed consent" means legally valid written consent,
19		given by a client, patient, or legal guardian, that authorizes
20		intervention or treatment services from a licensed
21		organization and that documents agreement to participate in
22		those services and knowledge of the consequences of withdrawal
23		from such services. Informed consent also acknowledges the
24		client's or patient's right to a conflict-free choice of
25		services from any licensed organization and the potential
26		risks and benefits of selected services.

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1		"Intoxicated person" means a person whose mental or
2		physical functioning is substantially impaired as a result of
3		the current effects of alcohol or other drugs within the body.
4		"Medication assisted treatment" means the prescription of
5		medications that are approved by the U.S. Food and Drug
6		Administration and the Center for Substance Abuse Treatment to
7		assist with treatment for a substance use disorder and to
8		support recovery for individuals receiving services in a
9		facility licensed by the Department. Medication assisted
10		treatment includes opioid treatment services as authorized by
11		a Department license.
12		"Off-site services" means licensable services are
13		conducted at a location separate from the licensed location of
14		the provider, and services are operated by an entity licensed
15		under this Act and approved in advance by the Department.
16		"Person" means any individual, firm, group, association,
17		partnership, corporation, trust, government or governmental
18		subdivision or agency.
19		"Prevention" means an interactive process of individuals,
20		families, schools, religious organizations, communities and
21		regional, state and national organizations whose goals are to
22		reduce the prevalence of substance use or gambling disorders,
23		prevent the use of illegal drugs and the abuse of legal drugs
24		by persons of all ages, prevent the use of alcohol by minors,
25		reduce the severity of harm in gambling by persons of all ages,
26		build the capacities of individuals and systems, and promote

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1		healthy environments, lifestyles, and behaviors.
2		"Recovery" means a process of change through which
3		individuals improve their health and wellness, live a
4		self-directed life, and reach their full potential.
5		"Recovery support" means services designed to support
6		individual recovery from a substance use or gambling disorder
7		that may be delivered pre-treatment, during treatment, or post
8		treatment. These services may be delivered in a wide variety
9		of settings for the purpose of supporting the individual in
10		meeting his or her recovery support goals.
11		"Secretary" means the Secretary of the Department of Human
12		Services or his or her designee.
13		"Substance use disorder" means a spectrum of persistent
14		and recurring problematic behavior that encompasses 10
15		separate classes of drugs: alcohol; caffeine; cannabis;
16		hallucinogens; inhalants; opioids; sedatives, hypnotics and
17		anxiolytics; stimulants; and tobacco; and other unknown
18		substances leading to clinically significant impairment or
19		distress.
20		"Treatment" means the broad range of emergency,
21		outpatient, and residential care (including assessment,
22		diagnosis, case management, treatment, and recovery support
23		planning) may be extended to individuals with substance use
24		disorders or to the families of those persons.
25		"Withdrawal management" means services designed to manage
26		intoxication or withdrawal episodes (previously referred to as

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1		detoxification), interrupt the momentum of habitual,
2		compulsive substance use and begin the initial engagement in
3		medically necessary substance use disorder treatment.
4		Withdrawal management allows patients to safely withdraw from
5		substances in a controlled medically-structured environment.
6		(Source: P.A. 100-759, eff. 1-1-19.)
7		(20 ILCS 301/5-5)
8		Sec. 5-5. Successor department; home rule.
9		(a) The Department of Human Services, as successor to the
10		Department of Alcoholism and Substance Abuse, shall assume the
11		various rights, powers, duties, and functions provided for in
12		this Act.
13		(b) It is declared to be the public policy of this State,
14		pursuant to paragraphs (h) and (i) of Section 6 of Article VII
15		of the Illinois Constitution of 1970, that the powers and
16		functions set forth in this Act and expressly delegated to the
17		Department are exclusive State powers and functions. Nothing
18		herein prohibits the exercise of any power or the performance
19		of any function, including the power to regulate, for the
20		protection of the public health, safety, morals and welfare,
21		by any unit of local government, other than the powers and
22		functions set forth in this Act and expressly delegated to the
23		Department to be exclusive State powers and functions.
24		(c) The Department shall, through accountable and
25		efficient leadership, example and commitment to excellence,

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1		strive to reduce the incidence of substance use or gambling
2		disorders by:
3		(1) Fostering public understanding of substance use
4		disorders and how they affect individuals, families, and
5		communities.
6		(2) Promoting healthy lifestyles.
7		(3) Promoting understanding and support for sound
8		public policies.
9		(4) Ensuring quality prevention, early intervention,
10		treatment, and other recovery support services that are
11		accessible and responsive to the diverse needs of
12		individuals, families, and communities.
13		(Source: P.A. 100-759, eff. 1-1-19.)
14		(20 ILCS 301/5-10)
15		Sec. 5-10. Functions of the Department.
16		(a) In addition to the powers, duties and functions vested
17		in the Department by this Act, or by other laws of this State,
18		the Department shall carry out the following activities:
19		(1) Design, coordinate and fund comprehensive
20		community-based and culturally and gender-appropriate
21		services throughout the State. These services must include
22		prevention, early intervention, treatment, and other
23		recovery support services for substance use disorders that
24		are accessible and address addresses the needs of at-risk
25		individuals and their families.

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1		(2) Act as the exclusive State agency to accept,
2		receive and expend, pursuant to appropriation, any public
3		or private monies, grants or services, including those
4		received from the federal government or from other State
5		agencies, for the purpose of providing prevention, early
6		intervention, treatment, and other recovery support
7		services for substance use or gambling disorders.
8		(2.5) In partnership with the Department of Healthcare
9		and Family Services, act as one of the principal State
10		agencies for the sole purpose of calculating the
11		maintenance of effort requirement under Section 1930 of
12		Title XIX, Part B, Subpart II of the Public Health Service
13		Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR
14		96.134).
15		(3) Coordinate a statewide strategy for the
16		prevention, early intervention, treatment, and recovery
17		support of substance use or gambling disorders. This
18		strategy shall include the development of a comprehensive
19		plan, submitted annually with the application for federal
20		substance use disorder block grant funding, for the
21		provision of an array of such services. The plan shall be
22		based on local community-based needs and upon data
23		including, but not limited to, that which defines the
24		prevalence of and costs associated with these substance
25		use disorders. This comprehensive plan shall include
26		identification of problems, needs, priorities, services

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1		and other pertinent information, including the needs of
2		marginalized community members minorities and other
3		specific priority populations in the State, and shall
4		describe how the identified problems and needs will be
5		addressed. For purposes of this paragraph, the term
6		"marginalized community members minorities and other
7		specific priority populations" may include, but shall not
8		be limited to, groups such as women, children, persons who
9		use intravenous drugs intravenous drug users, persons with
10		AIDS or who are HIV infected, veterans, African-Americans,
11		Latinxs/Hispanics, Asian-Americans, Puerto Ricans,
12		Hispanics, Asian Americans, the elderly, persons in the
13		criminal justice system, persons experiencing
14		homelessness, persons who are clients of services provided
15		by other State agencies, persons with disabilities, and
16		such other specific populations as the Department may from
17		time to time identify. In developing the plan, the
18		Department shall seek input from providers, parent groups,
19		associations and interested citizens.
20		The plan developed under this Section shall include an
21		explanation of the rationale to be used in ensuring that
22		funding shall be based upon local community needs,
23		including, but not limited to, the incidence and
24		prevalence of, and costs associated with, these substance
25		use disorders, as well as upon demonstrated program
26		performance.

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1		The plan developed under this Section shall also
2		contain a report detailing the activities of and progress
3		made through services for the care and treatment of these
4		substance use disorders among pregnant women and mothers
5		and their children established under subsection (j) of
6		Section 35-5.
7		As applicable, the plan developed under this Section
8		shall also include information about funding by other
9		State agencies for prevention, early intervention,
10		treatment, and other recovery support services.
11		(4) Lead, foster and develop cooperation, coordination
12		and agreements among federal and State governmental
13		agencies and local providers that provide assistance,
14		services, funding or other functions, peripheral or
15		direct, in the prevention, early intervention, treatment,
16		and recovery support for substance use or gambling
17		disorders. This shall include, but shall not be limited
18		to, the following:
19		(A) Cooperate with and assist other State
20		agencies, as applicable, in establishing and
21		conducting these substance use disorder services among
22		the populations they respectively serve.
23		(B) Cooperate with and assist the Illinois
24		Department of Public Health in the establishment,
25		funding and support of programs and services for the
26		promotion of maternal and child health and the

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1		prevention and treatment of infectious diseases,
2		including but not limited to HIV infection, especially
3		with respect to those persons who are high risk due to
4		intravenous injection of illegal drugs, or who may
5		have been sexual partners of these individuals, or who
6		may have impaired immune systems as a result of a
7		substance use disorder.
8		(C) Supply to the Department of Public Health and
9		prenatal care providers a list of all providers who
10		are licensed to provide substance use disorder
11		treatment for pregnant women in this State.
12		(D) Assist in the placement of child abuse or
13		neglect perpetrators (identified by the Illinois
14		Department of Children and Family Services (DCFS)) who
15		have been determined to be in need of substance use
16		disorder treatment pursuant to Section 8.2 of the
17		Abused and Neglected Child Reporting Act.
18		(E) Cooperate with and assist DCFS in carrying out
19		its mandates to:
20		(i) identify substance use and gambling
21		disorders among its clients and their families;
22		and
23		(ii) develop services to deal with such
24		disorders.
25		These services may include, but shall not be limited
26		to, programs to prevent or treat substance use or

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1		gambling disorders with DCFS clients and their
2		families, identifying child care needs within such
3		treatment, and assistance with other issues as
4		required.
5		(F) Cooperate with and assist the Illinois
6		Criminal Justice Information Authority with respect to
7		statistical and other information concerning the
8		incidence and prevalence of substance use or gambling
9		disorders.
10		(G) Cooperate with and assist the State
11		Superintendent of Education, boards of education,
12		schools, police departments, the Illinois State
13		Police, courts and other public and private agencies
14		and individuals in establishing substance use or
15		gambling disorder prevention programs statewide and
16		preparing curriculum materials for use at all levels
17		of education.
18		(H) Cooperate with and assist the Illinois
19		Department of Healthcare and Family Services in the
20		development and provision of services offered to
21		recipients of public assistance for the treatment and
22		prevention of substance use or gambling disorders.
23		(I) (Blank).
24		(5) From monies appropriated to the Department from
25		the Drunk and Drugged Driving Prevention Fund, reimburse
26		DUI evaluation and risk education programs licensed by the

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1		Department for providing indigent persons with free or
2		reduced-cost evaluation and risk education services
3		relating to a charge of driving under the influence of
4		alcohol or other drugs.
5		(6) Promulgate regulations to identify and disseminate
6		best practice guidelines that can be utilized by publicly
7		and privately funded programs as well as for levels of
8		payment to government funded programs that provide
9		prevention, early intervention, treatment, and other
10		recovery support services for substance use or gambling
11		disorders and those services referenced in Sections 15-10
12		and 40-5.
13		(7) In consultation with providers and related trade
14		associations, specify a uniform methodology for use by
15		funded providers and the Department for billing and
16		collection and dissemination of statistical information
17		regarding services related to substance use or gambling
18		disorders.
19		(8) Receive data and assistance from federal, State
20		and local governmental agencies, and obtain copies of
21		identification and arrest data from all federal, State and
22		local law enforcement agencies for use in carrying out the
23		purposes and functions of the Department.
24		(9) Designate and license providers to conduct
25		screening, assessment, referral and tracking of clients
26		identified by the criminal justice system as having

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1		indications of substance use disorders and being eligible
2		to make an election for treatment under Section 40-5 of
3		this Act, and assist in the placement of individuals who
4		are under court order to participate in treatment.
5		(10) Identify and disseminate evidence-based best
6		practice guidelines as maintained in administrative rule
7		that can be utilized to determine a substance use or
8		gambling disorder diagnosis.
9		(11) (Blank).
10		(12) Make grants with funds appropriated from the Drug
11		Treatment Fund in accordance with Section 7 of the
12		Controlled Substance and Cannabis Nuisance Act, or in
13		accordance with Section 80 of the Methamphetamine Control
14		and Community Protection Act, or in accordance with
15		subsections (h) and (i) of Section 411.2 of the Illinois
16		Controlled Substances Act, or in accordance with Section
17		6z-107 of the State Finance Act.
18		(13) Encourage all health and disability insurance
19		programs to include substance use and gambling disorder
20		treatment as a covered services service and to use
21		evidence-based best practice criteria as maintained in
22		administrative rule and as required in Public Act 99-0480
23		in determining the necessity for such services and
24		continued stay.
25		(14) Award grants and enter into fixed-rate and
26		fee-for-service arrangements with any other department,

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1		authority or commission of this State, or any other state
2		or the federal government or with any public or private
3		agency, including the disbursement of funds and furnishing
4		of staff, to effectuate the purposes of this Act.
5		(15) Conduct a public information campaign to inform
6		the State's Hispanic residents regarding the prevention
7		and treatment of substance use or gambling disorders.
8		(b) In addition to the powers, duties and functions vested
9		in it by this Act, or by other laws of this State, the
10		Department may undertake, but shall not be limited to, the
11		following activities:
12		(1) Require all organizations licensed or funded by
13		the Department to include an education component to inform
14		participants regarding the causes and means of
15		transmission and methods of reducing the risk of acquiring
16		or transmitting HIV infection and other infectious
17		diseases, and to include funding for such education
18		component in its support of the program.
19		(2) Review all State agency applications for federal
20		funds that include provisions relating to the prevention,
21		early intervention and treatment of substance use or
22		gambling disorders in order to ensure consistency.
23		(3) Prepare, publish, evaluate, disseminate and serve
24		as a central repository for educational materials dealing
25		with the nature and effects of substance use or gambling
26		disorders. Such materials may deal with the educational

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1		needs of the citizens of Illinois, and may include at
2		least pamphlets that describe the causes and effects of
3		fetal alcohol spectrum disorders.
4		(4) Develop and coordinate, with regional and local
5		agencies, education and training programs for persons
6		engaged in providing services for persons with substance
7		use or gambling disorders, which programs may include
8		specific HIV education and training for program personnel.
9		(5) Cooperate with and assist in the development of
10		education, prevention, early intervention, and treatment
11		programs for employees of State and local governments and
12		businesses in the State.
13		(6) Utilize the support and assistance of interested
14		persons in the community, including recovering persons, to
15		assist individuals and communities in understanding the
16		dynamics of substance use or gambling disorders, and to
17		encourage individuals with these substance use disorders
18		to voluntarily undergo treatment.
19		(7) Promote, conduct, assist or sponsor basic
20		clinical, epidemiological and statistical research into
21		substance use or gambling disorders and research into the
22		prevention of those problems either solely or in
23		conjunction with any public or private agency.
24		(8) Cooperate with public and private agencies,
25		organizations, institutions of higher education, and
26		individuals in the development of programs, and to provide

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1		technical assistance and consultation services for this
2		purpose.
3		(9) (Blank).
4		(10) (Blank).
5		(11) Fund, promote, or assist entities dealing with
6		substance use or gambling disorders.
7		(12) With monies appropriated from the Group Home Loan
8		Revolving Fund, make loans, directly or through
9		subcontract, to assist in underwriting the costs of
10		housing in which individuals recovering from substance use
11		or gambling disorders may reside, pursuant to Section
12		50-40 of this Act.
13		(13) Promulgate such regulations as may be necessary
14		to carry out the purposes and enforce the provisions of
15		this Act.
16		(14) Provide funding to help parents be effective in
17		preventing substance use or gambling disorders by building
18		an awareness of the family's role in preventing these
19		substance use disorders through adjusting expectations,
20		developing new skills, and setting positive family goals.
21		The programs shall include, but not be limited to, the
22		following subjects: healthy family communication;
23		establishing rules and limits; how to reduce family
24		conflict; how to build self-esteem, competency, and
25		responsibility in children; how to improve motivation and
26		achievement; effective discipline; problem solving

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1		techniques; healthy gaming and play habits; appropriate
2		financial planning and investment strategies; how to talk
3		about gambling and related activities; and how to talk
4		about substance use or gambling drugs and alcohol. The
5		programs shall be open to all parents.
6		(Source: P.A. 101-10, eff. 6-5-19; 102-538, eff. 8-20-21.)
7		(20 ILCS 301/5-20)
8		Sec. 5-20. Gambling disorders.
9		(a) Subject to appropriation, the Department shall
10		establish a program for public education, research, and
11		training regarding gambling disorders and the treatment and
12		prevention of gambling disorders. Subject to specific
13		appropriation for these stated purposes, the program must
14		include all of the following:
15		(1) Establishment and maintenance of a toll-free
16		hotline and website "800" telephone number to provide
17		crisis counseling and referral services for to families
18		that experience experiencing difficulty related to a as a
19		result of gambling disorder disorders.
20		(2) Promotion of public awareness regarding the
21		recognition and prevention of gambling disorders.
22		Promotion of public awareness to create a gambling
23		informed State regarding the impact of gambling disorders
24		on individuals, families, and communities and the stigma
25		that surrounds gambling disorders.

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1		(3) Facilitation, through in-service training,
2		certification promotion, and other innovative means, of
3		the availability of effective assistance programs for
4		gambling disorders.
5		(4) Conducting studies to, and through other
6		innovative means, identify adults and juveniles in this
7		State who have, or who are at risk of developing, gambling
8		disorders.
9		(5) Utilize screening, crisis intervention, treatment,
10		public awareness, prevention, in-service training, and
11		other innovative means, to decrease the incidents of
12		suicide attempts related to a gambling disorder or
13		gambling issues.
14		(b) Subject to appropriation, the Department shall either
15		establish and maintain the program or contract with a private
16		or public entity for the establishment and maintenance of the
17		program. Subject to appropriation, either the Department or
18		the private or public entity shall implement the hotline and
19		website toll-free telephone number, promote public awareness,
20		conduct research, fund treatment and recovery services, and
21		conduct in-service training concerning gambling disorders.
22		(c) The Department shall determine a statement regarding
23		obtaining assistance with a gambling disorder which each
24		licensed gambling establishment owner shall post and each
25		master sports wagering licensee shall include on the master
26		sports wagering licensee's portal, Internet website, or

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1		computer or mobile application. Subject to appropriation, the
2		Department shall produce and supply the signs with the
3		statement as specified in Section 10.7 of the Illinois Lottery
4		Law, Section 34.1 of the Illinois Horse Racing Act of 1975,
5		Section 4.3 of the Bingo License and Tax Act, Section 8.1 of
6		the Charitable Games Act, Section 25.95 of the Sports Wagering
7		Act, and Section 13.1 of the Illinois Gambling Act, and the
8		Video Gaming Act.
9		(d) Programs; gambling disorder prevention.
10		(1) The Department may establish a program to provide
11		for the production and publication, in electronic and
12		other formats, of gambling prevention, recognition,
13		treatment, and recovery literature and other public
14		education methods. The Department may develop and
15		disseminate curricula for use by professionals,
16		organizations, individuals, or committees interested in
17		the prevention of gambling disorders.
18		(2) The Department may provide advice to State and
19		local officials on gambling disorders, including the
20		prevalence of gambling disorders, programs treating or
21		promoting prevention of gambling disorders, trends in
22		gambling disorder prevalence, and the relationship between
23		gaming and gambling disorders.
24		(3) The Department may support gambling disorder
25		prevention, recognition, treatment, and recovery projects
26		by facilitating the acquisition of gambling prevention

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1		curriculums, providing trainings in gambling disorder
2		prevention best practices, connecting programs to health
3		care resources, establishing learning collaboratives
4		between localities and programs, and assisting programs in
5		navigating any regulatory requirements for establishing or
6		expanding such programs.
7		(4) In supporting best practices in gambling disorder
8		prevention programming, the Department may promote the
9		following programmatic elements:
10		(A) Providing funding for community-based
11		organizations to employ community health workers or
12		peer recovery specialists who are familiar with the
13		communities served and can provide culturally
14		competent services.
15		(B) Collaborating with other community-based
16		organizations, substance use disorder treatment
17		centers, or other health care providers engaged in
18		treating individuals who are experiencing gambling
19		disorder.
20		(C) Providing linkages for individuals to obtain
21		evidence-based gambling disorder treatment.
22		(D) Engaging individuals exiting jails or prisons
23		who are at a high risk of developing a gambling
24		disorder.
25		(E) Providing education and training to
26		community-based organizations who work directly with

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1		individuals who are experiencing gambling disorders
2		and those individuals' families and communities.
3		(F) Providing education and training on gambling
4		disorder prevention and response to the judicial
5		system.
6		(G) Informing communities of the impact gambling
7		disorder has on suicidal ideation and suicide attempts
8		and the role health care professionals can have in
9		identifying appropriate treatment.
10		(H) Producing and distributing targeted mass media
11		materials on gambling disorder prevention and
12		response, and the potential dangers of gambling
13		related stigma.
14		(e) Grants.
15		(1) The Department may award grants, in accordance
16		with this subsection, to create or support local gambling
17		prevention, recognition, and response projects. Local
18		health departments, correctional institutions, hospitals,
19		universities, community-based organizations, and
20		faith-based organizations may apply to the Department for
21		a grant under this subsection at the time and in the manner
22		the Department prescribes.
23		(2) In awarding grants, the Department shall consider
24		the necessity for gambling disorder prevention projects in
25		various settings and shall encourage all grant applicants
26		to develop interventions that will be effective and viable

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1		in their local areas.
2		(3) In addition to moneys appropriated by the General
3		Assembly, the Department may seek grants from private
4		foundations, the federal government, and other sources to
5		fund the grants under this Section and to fund an
6		evaluation of the programs supported by the grants.
7		(4) The Department may award grants to create or
8		support local gambling treatment programs. Such programs
9		may include prevention, early intervention, residential
10		and outpatient treatment, and recovery support services
11		for gambling disorders. Local health departments,
12		hospitals, universities, community-based organizations,
13		and faith-based organizations may apply to the Department
14		for a grant under this subsection at the time and in the
15		manner the Department prescribes.
16		(Source: P.A. 100-759, eff. 1-1-19; 101-31, eff. 6-28-19.)
17		(20 ILCS 301/10-10)
18		Sec. 10-10. Powers and duties of the Council. The Council
19		shall:
20		(a) Advise the Department on ways to encourage public
21		understanding and support of the Department's programs.
22		(b) Advise the Department on regulations and licensure
23		proposed by the Department.
24		(c) Advise the Department in the formulation,
25		preparation, and implementation of the annual plan

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1		submitted with the federal Substance Use Disorder Block
2		Grant application for prevention, early intervention,
3		treatment, and other recovery support services for
4		substance use disorders.
5		(d) Advise the Department on implementation of
6		substance use and gambling disorder education and
7		prevention programs throughout the State.
8		(e) Assist with incorporating into the annual plan
9		submitted with the federal Substance Use Disorder Block
10		Grant application, planning information specific to
11		Illinois' female population. The information shall
12		contain, but need not be limited to, the types of services
13		funded, the population served, the support services
14		available, and the goals, objectives, proposed methods of
15		achievement, service projections and cost estimate for the
16		upcoming year.
17		(f) Perform other duties as requested by the
18		Secretary.
19		(g) Advise the Department in the planning,
20		development, and coordination of programs among all
21		agencies and departments of State government, including
22		programs to reduce substance use and gambling disorders,
23		prevent the misuse of illegal and legal drugs by persons
24		of all ages, prevent gambling and gaming by minors, and
25		prevent the use of alcohol by minors.
26		(h) Promote and encourage participation by the private

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1		sector, including business, industry, labor, and the
2		media, in programs to prevent substance use and gambling
3		disorders.
4		(i) Encourage the implementation of programs to
5		prevent substance use and gambling disorders in the public
6		and private schools and educational institutions.
7		(j) Gather information, conduct hearings, and make
8		recommendations to the Secretary concerning additions,
9		deletions, or rescheduling of substances under the
10		Illinois Controlled Substances Act.
11		(k) Report as requested to the General Assembly
12		regarding the activities and recommendations made by the
13		Council.
14		(Source: P.A. 100-759, eff. 1-1-19.)
15		(20 ILCS 301/10-15)
16		Sec. 10-15. Qualification and appointment of members. The
17		membership of the Illinois Advisory Council may, as needed,
18		consist of:
19		(a) A State's Attorney designated by the President of
20		the Illinois State's Attorneys Association.
21		(b) A judge designated by the Chief Justice of the
22		Illinois Supreme Court.
23		(c) A Public Defender appointed by the President of
24		the Illinois Public Defender Association.
25		(d) A local law enforcement officer appointed by the

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1		Governor.
2		(e) A labor representative appointed by the Governor.
3		(f) An educator appointed by the Governor.
4		(g) A physician licensed to practice medicine in all
5		its branches appointed by the Governor with due regard for
6		the appointee's knowledge of the field of substance use
7		disorders.
8		(h) 4 members of the Illinois House of
9		Representatives, 2 each appointed by the Speaker and
10		Minority Leader.
11		(i) 4 members of the Illinois Senate, 2 each appointed
12		by the President and Minority Leader.
13		(j) The Chief Executive Officer of the Illinois
14		Association for Behavioral Health or his or her designee.
15		(k) An advocate for the needs of youth appointed by
16		the Governor.
17		(l) The President of the Illinois State Medical
18		Society or his or her designee.
19		(m) The President of the Illinois Hospital Association
20		or his or her designee.
21		(n) The President of the Illinois Nurses Association
22		or a registered nurse designated by the President.
23		(o) The President of the Illinois Pharmacists
24		Association or a licensed pharmacist designated by the
25		President.
26		(p) The President of the Illinois Chapter of the

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1		Association of Labor-Management Administrators and
2		Consultants on Alcoholism.
3		(p-1) The Chief Executive Officer of the Community
4		Behavioral Healthcare Association of Illinois or his or
5		her designee.
6		(q) The Attorney General or his or her designee.
7		(r) The State Comptroller or his or her designee.
8		(s) 20 public members, 8 appointed by the Governor, 3
9		of whom shall be representatives of substance use or
10		gambling disorder treatment programs and one of whom shall
11		be a representative of a manufacturer or importing
12		distributor of alcoholic liquor licensed by the State of
13		Illinois, and 3 public members appointed by each of the
14		President and Minority Leader of the Senate and the
15		Speaker and Minority Leader of the House.
16		(t) The Director, Secretary, or other chief
17		administrative officer, ex officio, or his or her
18		designee, of each of the following: the Department on
19		Aging, the Department of Children and Family Services, the
20		Department of Corrections, the Department of Juvenile
21		Justice, the Department of Healthcare and Family Services,
22		the Department of Revenue, the Department of Public
23		Health, the Department of Financial and Professional
24		Regulation, the Illinois State Police, the Administrative
25		Office of the Illinois Courts, the Criminal Justice
26		Information Authority, and the Department of

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1		Transportation.
2		(u) Each of the following, ex officio, or his or her
3		designee: the Secretary of State, the State Superintendent
4		of Education, and the Chairman of the Board of Higher
5		Education.
6		The public members may not be officers or employees of the
7		executive branch of State government; however, the public
8		members may be officers or employees of a State college or
9		university or of any law enforcement agency. In appointing
10		members, due consideration shall be given to the experience of
11		appointees in the fields of medicine, law, prevention,
12		correctional activities, and social welfare. Vacancies in the
13		public membership shall be filled for the unexpired term by
14		appointment in like manner as for original appointments, and
15		the appointive members shall serve until their successors are
16		appointed and have qualified. Vacancies among the public
17		members appointed by the legislative leaders shall be filled
18		by the leader of the same house and of the same political party
19		as the leader who originally appointed the member.
20		Each non-appointive member may designate a representative
21		to serve in his place by written notice to the Department. All
22		General Assembly members shall serve until their respective
23		successors are appointed or until termination of their
24		legislative service, whichever occurs first. The terms of
25		office for each of the members appointed by the Governor shall
26		be for 3 years, except that of the members first appointed, 3

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1		shall be appointed for a term of one year, and 4 shall be
2		appointed for a term of 2 years. The terms of office of each of
3		the public members appointed by the legislative leaders shall
4		be for 2 years.
5		(Source: P.A. 102-538, eff. 8-20-21.)
6		(20 ILCS 301/15-10)
7		Sec. 15-10. Licensure categories and services. No person
8		or program may provide the services or conduct the activities
9		described in this Section without first obtaining a license
10		therefor from the Department, unless otherwise exempted under
11		this Act. The Department shall, by rule, provide requirements
12		for each of the following types of licenses and categories of
13		service:
14		(a) Treatment: Categories of treatment service for a
15		substance use or gambling disorder authorized by a
16		treatment license are Early Intervention, Outpatient,
17		Intensive Outpatient/Partial Hospitalization, Subacute
18		Residential/Inpatient, and Withdrawal Management.
19		Medication assisted treatment that includes methadone used
20		for an opioid use disorder can be licensed as an adjunct to
21		any of the treatment levels of care specified in this
22		Section.
23		(b) Intervention: Categories of an intervention
24		service authorized by an intervention license are DUI
25		Evaluation, DUI Risk Education, Designated Program, Harm

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1		Reduction Program, and Recovery Homes for persons in any
2		stage of recovery from a substance use or gambling
3		disorder. Harm reduction programs may include overdose
4		prevention sites and services. Overdose prevention sites
5		and services are under the Harm Reduction category of
6		intervention licensure which may be issued if and when
7		legal authorization is adopted to allow for these services
8		and upon adoption of administrative or funding rules that
9		govern the delivery of the services.
10		The Department may, under procedures established by rule
11		and upon a showing of good cause for such, exempt off-site
12		services from having to obtain a separate license for services
13		conducted away from the provider's licensed location.
14		(Source: P.A. 100-759, eff. 1-1-19.)
15		(20 ILCS 301/20-5)
16		Sec. 20-5. Development of statewide prevention system.
17		(a) The Department shall develop and implement a
18		comprehensive, statewide, community-based strategy to reduce
19		substance use and gambling disorders and prevent the misuse of
20		illegal and legal drugs by persons of all ages, and to prevent
21		the use of alcohol by minors. The system created to implement
22		this strategy shall be based on the premise that coordination
23		among and integration between all community and governmental
24		systems will facilitate effective and efficient program
25		implementation and utilization of existing resources.

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1		(b) The statewide system developed under this Section may
2		be adopted by administrative rule or funded as a grant award
3		condition and shall be responsible for:
4		(1) Providing programs and technical assistance to
5		improve the ability of Illinois communities and schools to
6		develop, implement and evaluate prevention programs.
7		(2) Initiating and fostering continuing cooperation
8		among the Department, Department-funded prevention
9		programs, other community-based prevention providers and
10		other State, regional, or local systems or agencies that
11		have an interest in substance use disorder prevention.
12		(c) In developing, implementing, and advocating for this
13		statewide strategy and system, the Department may engage in,
14		but shall not be limited to, the following activities:
15		(1) Establishing and conducting programs to provide
16		awareness and knowledge of the nature and extent of
17		substance use and gambling disorders and their effect on
18		individuals, families, and communities.
19		(2) Conducting or providing prevention skill building
20		or education through the use of structured experiences.
21		(3) Developing, supporting, and advocating with new
22		and existing local community coalitions or
23		neighborhood-based grassroots networks using action
24		planning and collaborative systems to initiate change
25		regarding substance use and gambling disorders in their
26		communities.

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1		(4) Encouraging, supporting, and advocating for
2		programs and activities that emphasize alcohol-free and
3		other drug-free lifestyles.
4		(5) Drafting and implementing efficient plans for the
5		use of available resources to address issues of substance
6		use disorder prevention.
7		(6) Coordinating local programs of alcoholism and
8		other drug abuse education and prevention.
9		(7) Encouraging the development of local advisory
10		councils.
11		(d) In providing leadership to this system, the Department
12		shall take into account, wherever possible, the needs and
13		requirements of local communities. The Department shall also
14		involve, wherever possible, local communities in its statewide
15		planning efforts. These planning efforts shall include, but
16		shall not be limited to, in cooperation with local community
17		representatives and Department-funded agencies, the analysis
18		and application of results of local needs assessments, as well
19		as a process for the integration of an evaluation component
20		into the system. The results of this collaborative planning
21		effort shall be taken into account by the Department in making
22		decisions regarding the allocation of prevention resources.
23		(e) Prevention programs funded in whole or in part by the
24		Department shall maintain staff whose skills, training,
25		experiences and cultural awareness demonstrably match the
26		needs of the people they are serving.

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1		(f) The Department may delegate the functions and
2		activities described in subsection (c) of this Section to
3		local, community-based providers.
4		(Source: P.A. 100-759, eff. 1-1-19.)
5		(20 ILCS 301/25-5)
6		Sec. 25-5. Establishment of comprehensive treatment
7		system. The Department shall develop, fund and implement a
8		comprehensive, statewide, community-based system for the
9		provision of early intervention, treatment, and recovery
10		support services for persons suffering from substance use or
11		gambling disorders. The system created under this Section
12		shall be based on the premise that coordination among and
13		integration between all community and governmental systems
14		will facilitate effective and efficient program implementation
15		and utilization of existing resources.
16		(Source: P.A. 100-759, eff. 1-1-19.)
17		(20 ILCS 301/25-10)
18		Sec. 25-10. Promulgation of regulations. The Department
19		shall adopt regulations for licensure, certification for
20		Medicaid reimbursement, and to identify evidence-based best
21		practice criteria that can be utilized for intervention and
22		treatment services, taking into consideration available
23		resources and facilities, for the purpose of early and
24		effective treatment of substance use and gambling disorders.

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1		(Source: P.A. 100-759, eff. 1-1-19.)
2		(20 ILCS 301/30-5)
3		Sec. 30-5. Patients' rights established.
4		(a) For purposes of this Section, "patient" means any
5		person who is receiving or has received early intervention,
6		treatment, or other recovery support services under this Act
7		or any category of service licensed as "intervention" under
8		this Act.
9		(b) No patient shall be deprived of any rights, benefits,
10		or privileges guaranteed by law, the Constitution of the
11		United States of America, or the Constitution of the State of
12		Illinois solely because of his or her status as a patient.
13		(c) Persons who have substance use or gambling disorders
14		who are also suffering from medical conditions shall not be
15		discriminated against in admission or treatment by any
16		hospital that receives support in any form supported in whole
17		or in part by funds appropriated to any State department or
18		agency.
19		(d) Every patient shall have impartial access to services
20		without regard to race, religion, sex, ethnicity, age, sexual
21		orientation, gender identity, marital status, or other
22		disability.
23		(e) Patients shall be permitted the free exercise of
24		religion.
25		(f) Every patient's personal dignity shall be recognized

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1		in the provision of services, and a patient's personal privacy
2		shall be assured and protected within the constraints of his
3		or her individual treatment.
4		(g) Treatment services shall be provided in the least
5		restrictive environment possible.
6		(h) Each patient receiving treatment services shall be
7		provided an individual treatment plan, which shall be
8		periodically reviewed and updated as mandated by
9		administrative rule.
10		(i) Treatment shall be person-centered, meaning that every
11		patient shall be permitted to participate in the planning of
12		his or her total care and medical treatment to the extent that
13		his or her condition permits.
14		(j) A person shall not be denied treatment solely because
15		he or she has withdrawn from treatment against medical advice
16		on a prior occasion or had prior treatment episodes.
17		(k) The patient in residential treatment shall be
18		permitted visits by family and significant others, unless such
19		visits are clinically contraindicated.
20		(l) A patient in residential treatment shall be allowed to
21		conduct private telephone conversations with family and
22		friends unless clinically contraindicated.
23		(m) A patient in residential treatment shall be permitted
24		to send and receive mail without hindrance, unless clinically
25		contraindicated.
26		(n) A patient shall be permitted to manage his or her own

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1		financial affairs unless the patient or the patient's
2		guardian, or if the patient is a minor, the patient's parent,
3		authorizes another competent person to do so.
4		(o) A patient shall be permitted to request the opinion of
5		a consultant at his or her own expense, or to request an
6		in-house review of a treatment plan, as provided in the
7		specific procedures of the provider. A treatment provider is
8		not liable for the negligence of any consultant.
9		(p) Unless otherwise prohibited by State or federal law,
10		every patient shall be permitted to obtain from his or her own
11		physician, the treatment provider, or the treatment provider's
12		consulting physician complete and current information
13		concerning the nature of care, procedures, and treatment that
14		he or she will receive.
15		(q) A patient shall be permitted to refuse to participate
16		in any experimental research or medical procedure without
17		compromising his or her access to other, non-experimental
18		services. Before a patient is placed in an experimental
19		research or medical procedure, the provider must first obtain
20		his or her informed written consent or otherwise comply with
21		the federal requirements regarding the protection of human
22		subjects contained in 45 CFR C.F.R. Part 46.
23		(r) All medical treatment and procedures shall be
24		administered as ordered by a physician and in accordance with
25		all Department rules.
26		(s) Every patient in treatment shall be permitted to

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1		refuse medical treatment and to know the consequences of such
2		action. Such refusal by a patient shall free the treatment
3		licensee from the obligation to provide the treatment.
4		(t) Unless otherwise prohibited by State or federal law,
5		every patient, patient's guardian, or parent, if the patient
6		is a minor, shall be permitted to inspect and copy all clinical
7		and other records kept by the intervention or treatment
8		licensee or by his or her physician concerning his or her care
9		and maintenance. The licensee or physician may charge a
10		reasonable fee for the duplication of a record.
11		(u) No owner, licensee, administrator, employee, or agent
12		of a licensed intervention or treatment program shall abuse or
13		neglect a patient. It is the duty of any individual who becomes
14		aware of such abuse or neglect to report it to the Department
15		immediately.
16		(v) The licensee may refuse access to any person if the
17		actions of that person are or could be injurious to the health
18		and safety of a patient or the licensee, or if the person seeks
19		access for commercial purposes.
20		(w) All patients admitted to community-based treatment
21		facilities shall be considered voluntary treatment patients
22		and such patients shall not be contained within a locked
23		setting.
24		(x) Patients and their families or legal guardians shall
25		have the right to present complaints to the provider or the
26		Department concerning the quality of care provided to the

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1		patient, without threat of discharge or reprisal in any form
2		or manner whatsoever. The complaint process and procedure
3		shall be adopted by the Department by rule. The treatment
4		provider shall have in place a mechanism for receiving and
5		responding to such complaints, and shall inform the patient
6		and the patient's family or legal guardian of this mechanism
7		and how to use it. The provider shall analyze any complaint
8		received and, when indicated, take appropriate corrective
9		action. Every patient and his or her family member or legal
10		guardian who makes a complaint shall receive a timely response
11		from the provider that substantively addresses the complaint.
12		The provider shall inform the patient and the patient's family
13		or legal guardian about other sources of assistance if the
14		provider has not resolved the complaint to the satisfaction of
15		the patient or the patient's family or legal guardian.
16		(y) A patient may refuse to perform labor at a program
17		unless such labor is a part of the patient's individual
18		treatment plan as documented in the patient's clinical record.
19		(z) A person who is in need of services may apply for
20		voluntary admission in the manner and with the rights provided
21		for under regulations promulgated by the Department. If a
22		person is refused admission, then staff, subject to rules
23		promulgated by the Department, shall refer the person to
24		another facility or to other appropriate services.
25		(aa) No patient shall be denied services based solely on
26		HIV status. Further, records and information governed by the

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1		AIDS Confidentiality Act and the AIDS Confidentiality and
2		Testing Code (77 Ill. Adm. Code 697) shall be maintained in
3		accordance therewith.
4		(bb) Records of the identity, diagnosis, prognosis or
5		treatment of any patient maintained in connection with the
6		performance of any service or activity relating to substance
7		use or gambling disorder education, early intervention,
8		intervention, training, or treatment that is regulated,
9		authorized, or directly or indirectly assisted by any
10		Department or agency of this State or under any provision of
11		this Act shall be confidential and may be disclosed only in
12		accordance with the provisions of federal law and regulations
13		concerning the confidentiality of substance use disorder
14		patient records as contained in 42 U.S.C. Sections 290dd-2 and
15		42 CFR C.F.R. Part 2, or any successor federal statute or
16		regulation.
17		(1) The following are exempt from the confidentiality
18		protections set forth in 42 CFR C.F.R. Section 2.12(c):
19		(A) Veteran's Administration records.
20		(B) Information obtained by the Armed Forces.
21		(C) Information given to qualified service
22		organizations.
23		(D) Communications within a program or between a
24		program and an entity having direct administrative
25		control over that program.
26		(E) Information given to law enforcement personnel

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1		investigating a patient's commission of a crime on the
2		program premises or against program personnel.
3		(F) Reports under State law of incidents of
4		suspected child abuse and neglect; however,
5		confidentiality restrictions continue to apply to the
6		records and any follow-up information for disclosure
7		and use in civil or criminal proceedings arising from
8		the report of suspected abuse or neglect.
9		(2) If the information is not exempt, a disclosure can
10		be made only under the following circumstances:
11		(A) With patient consent as set forth in 42 CFR
12		C.F.R. Sections 2.1(b)(1) and 2.31, and as consistent
13		with pertinent State law.
14		(B) For medical emergencies as set forth in 42 CFR
15		C.F.R. Sections 2.1(b)(2) and 2.51.
16		(C) For research activities as set forth in 42 CFR
17		C.F.R. Sections 2.1(b)(2) and 2.52.
18		(D) For audit evaluation activities as set forth
19		in 42 CFR C.F.R. Section 2.53.
20		(E) With a court order as set forth in 42 CFR
21		C.F.R. Sections 2.61 through 2.67.
22		(3) The restrictions on disclosure and use of patient
23		information apply whether the holder of the information
24		already has it, has other means of obtaining it, is a law
25		enforcement or other official, has obtained a subpoena, or
26		asserts any other justification for a disclosure or use

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1		that is not permitted by 42 CFR C.F.R. Part 2. Any court
2		orders authorizing disclosure of patient records under
3		this Act must comply with the procedures and criteria set
4		forth in 42 CFR C.F.R. Sections 2.64 and 2.65. Except as
5		authorized by a court order granted under this Section, no
6		record referred to in this Section may be used to initiate
7		or substantiate any charges against a patient or to
8		conduct any investigation of a patient.
9		(4) The prohibitions of this subsection shall apply to
10		records concerning any person who has been a patient,
11		regardless of whether or when the person ceases to be a
12		patient.
13		(5) Any person who discloses the content of any record
14		referred to in this Section except as authorized shall,
15		upon conviction, be guilty of a Class A misdemeanor.
16		(6) The Department shall prescribe regulations to
17		carry out the purposes of this subsection. These
18		regulations may contain such definitions, and may provide
19		for such safeguards and procedures, including procedures
20		and criteria for the issuance and scope of court orders,
21		as in the judgment of the Department are necessary or
22		proper to effectuate the purposes of this Section, to
23		prevent circumvention or evasion thereof, or to facilitate
24		compliance therewith.
25		(cc) Each patient shall be given a written explanation of
26		all the rights enumerated in this Section and a copy, signed by

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1		the patient, shall be kept in every patient record. If a
2		patient is unable to read such written explanation, it shall
3		be read to the patient in a language that the patient
4		understands. A copy of all the rights enumerated in this
5		Section shall be posted in a conspicuous place within the
6		program where it may readily be seen and read by program
7		patients and visitors.
8		(dd) The program shall ensure that its staff is familiar
9		with and observes the rights and responsibilities enumerated
10		in this Section.
11		(ee) Licensed organizations shall comply with the right of
12		any adolescent to consent to treatment without approval of the
13		parent or legal guardian in accordance with the Consent by
14		Minors to Health Care Services Medical Procedures Act.
15		(ff) At the point of admission for services, licensed
16		organizations must obtain written informed consent, as defined
17		in Section 1-10 and in administrative rule, from each client,
18		patient, or legal guardian.
19		(Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19;
20		revised 12-1-21.)
21		(20 ILCS 301/35-5)
22		Sec. 35-5. Services for pregnant women and mothers.
23		(a) In order to promote a comprehensive, statewide and
24		multidisciplinary approach to serving pregnant women and
25		mothers, including those who are minors, and their children

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1		who are affected by substance use or gambling disorders, the
2		Department shall have responsibility for an ongoing exchange
3		of referral information among the following:
4		(1) those who provide medical and social services to
5		pregnant women, mothers and their children, whether or not
6		there exists evidence of a substance use or gambling
7		disorder. These include any other State-funded medical or
8		social services to pregnant women.
9		(2) providers of treatment services to women affected
10		by substance use or gambling disorders.
11		(b) (Blank).
12		(c) (Blank).
13		(d) (Blank).
14		(e) (Blank).
15		(f) The Department shall develop and maintain an updated
16		and comprehensive directory of licensed providers that deliver
17		treatment and intervention services. The Department shall post
18		on its website a licensed provider directory updated at least
19		quarterly.
20		(g) As a condition of any State grant or contract, the
21		Department shall require that any treatment program for women
22		with substance use or gambling disorders provide services,
23		either by its own staff or by agreement with other agencies or
24		individuals, which include but need not be limited to the
25		following:
26		(1) coordination with any program providing case

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1		management services to ensure ongoing monitoring and
2		coordination of services after the addicted woman has
3		returned home.
4		(2) coordination with medical services for individual
5		medical care of pregnant women, including prenatal care
6		under the supervision of a physician.
7		(3) coordination with child care services.
8		(h) As a condition of any State grant or contract, the
9		Department shall require that any nonresidential program
10		receiving any funding for treatment services accept women who
11		are pregnant, provided that such services are clinically
12		appropriate. Failure to comply with this subsection shall
13		result in termination of the grant or contract and loss of
14		State funding.
15		(i)(1) From funds appropriated expressly for the purposes
16		of this Section, the Department shall create or contract with
17		licensed, certified agencies to develop a program for the care
18		and treatment of pregnant women, mothers and their children.
19		The program shall be in Cook County in an area of high density
20		population having a disproportionate number of women with
21		substance use and other disorders and a high infant mortality
22		rate.
23		(2) From funds appropriated expressly for the purposes of
24		this Section, the Department shall create or contract with
25		licensed, certified agencies to develop a program for the care
26		and treatment of low income pregnant women. The program shall

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1		be located anywhere in the State outside of Cook County in an
2		area of high density population having a disproportionate
3		number of low income pregnant women.
4		(3) In implementing the programs established under this
5		subsection, the Department shall contract with existing
6		residential treatment or recovery homes in areas having a
7		disproportionate number of women with substance use and other
8		disorders who need residential treatment. Priority shall be
9		given to women who:
10		(A) are pregnant, especially if they are intravenous
11		drug users,
12		(B) have minor children,
13		(C) are both pregnant and have minor children, or
14		(D) are referred by medical personnel because they
15		either have given birth to a baby with a substance use
16		disorder, or will give birth to a baby with a substance use
17		disorder.
18		(4) The services provided by the programs shall include
19		but not be limited to:
20		(A) individual medical care, including prenatal care,
21		under the supervision of a physician.
22		(B) temporary, residential shelter for pregnant women,
23		mothers and children when necessary.
24		(C) a range of educational or counseling services.
25		(D) comprehensive and coordinated social services,
26		including therapy groups for the treatment of substance

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1		use disorders; family therapy groups; programs to develop
2		positive self-awareness; parent-child therapy; and
3		residential support groups.
4		(5) (Blank).
5		(Source: P.A. 100-759, eff. 1-1-19.)
6		(20 ILCS 301/35-10)
7		Sec. 35-10. Adolescent Family Life Program.
8		(a) The General Assembly finds and declares the following:
9		(1) In Illinois, a substantial number of babies are
10		born each year to adolescent mothers between 12 and 19
11		years of age.
12		(2) A substantial percentage of pregnant adolescents
13		have substance use disorders or live in environments in
14		which substance use disorders occur and thus are at risk
15		of exposing their infants to dangerous and harmful
16		circumstances.
17		(3) It is difficult to provide substance use disorder
18		counseling for adolescents in settings designed to serve
19		adults.
20		(b) To address the findings set forth in subsection (a),
21		and subject to appropriation, the Department may establish and
22		fund treatment strategies to meet the developmental, social,
23		and educational needs of high-risk pregnant adolescents and
24		shall do the following:
25		(1) To the maximum extent feasible and appropriate,

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1		utilize existing services and funding rather than create
2		new, duplicative services.
3		(2) Include plans for coordination and collaboration
4		with existing perinatal substance use disorder services.
5		(3) Include goals and objectives for reducing the
6		incidence of high-risk pregnant adolescents.
7		(4) Be culturally and linguistically appropriate to
8		the population being served.
9		(5) Include staff development training by substance
10		use and other disorder counselors.
11		As used in this Section, "high-risk pregnant adolescent"
12		means a person at least 12 but not more than 18 years of age
13		with a substance use or other disorder who is pregnant.
14		(c) (Blank).
15		(Source: P.A. 100-759, eff. 1-1-19.)
16		(20 ILCS 301/50-40)
17		Sec. 50-40. Group Home Loan Revolving Fund.
18		(a) There is hereby established the Group Home Loan
19		Revolving Fund, referred to in this Section as the "fund", to
20		be held as a separate fund within the State Treasury. Monies in
21		this fund shall be appropriated to the Department on a
22		continuing annual basis. With these funds, the Department
23		shall, directly or through subcontract, make loans to assist
24		in underwriting the costs of housing in which there may reside
25		individuals who are recovering from substance use or gambling

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1		disorders, and who are seeking an alcohol-free, gambling-free,
2		or drug-free environment in which to live. Consistent with
3		federal law and regulation, the Department may establish
4		guidelines for approving the use and management of monies
5		loaned from the fund, the operation of group homes receiving
6		loans under this Section and the repayment of monies loaned.
7		(b) There shall be deposited into the fund such amounts
8		including, but not limited to:
9		(1) All receipts, including principal and interest
10		payments and royalties, from any applicable loan agreement
11		made from the fund.
12		(2) All proceeds of assets of whatever nature received
13		by the Department as a result of default or delinquency
14		with respect to loan agreements made from the fund,
15		including proceeds from the sale, disposal, lease or
16		rental of real or personal property that the Department
17		may receive as a result thereof.
18		(3) Any direct appropriations made by the General
19		Assembly, or any gifts or grants made by any person to the
20		fund.
21		(4) Any income received from interest on investments
22		of monies in the fund.
23		(c) The Treasurer may invest monies in the fund in
24		securities constituting obligations of the United States
25		government, or in obligations the principal of and interest on
26		which are guaranteed by the United States government, or in

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1		certificates of deposit of any State or national bank which
2		are fully secured by obligations guaranteed as to principal
3		and interest by the United States government.
4		(Source: P.A. 100-759, eff. 1-1-19.)
5		(20 ILCS 301/55-30)
6		Sec. 55-30. Rate increase.
7		(a) The Department shall by rule develop the increased
8		rate methodology and annualize the increased rate beginning
9		with State fiscal year 2018 contracts to licensed providers of
10		community-based substance use and gambling disorders disorder
11		intervention or treatment, based on the additional amounts
12		appropriated for the purpose of providing a rate increase to
13		licensed providers. The Department shall adopt rules,
14		including emergency rules under subsection (y) of Section 5-45
15		of the Illinois Administrative Procedure Act, to implement the
16		provisions of this Section.
17		(b) Within 30 days after June 4, 2018 (the effective date
18		of Public Act 100-587), the Division of Substance Use
19		Prevention and Recovery shall apply an increase in rates of 3%
20		above the rate paid on June 30, 2017 to all Medicaid and
21		non-Medicaid reimbursable service rates. The Department shall
22		adopt rules, including emergency rules under subsection (bb)
23		of Section 5-45 of the Illinois Administrative Procedure Act,
24		to implement the provisions of this subsection (b).
25		(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;

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1		100-759, eff. 1-1-19; 101-81, eff. 7-12-19.)
2		(20 ILCS 301/55-40)
3		Sec. 55-40. Recovery residences.
4		(a) As used in this Section, "recovery residence" means a
5		sober, safe, and healthy living environment that promotes
6		recovery from alcohol and other drug use and associated
7		problems. These residences are not subject to Department
8		licensure as they are viewed as independent living residences
9		that only provide peer support and a lengthened exposure to
10		the culture of recovery.
11		(b) The Department shall develop and maintain an online
12		registry for recovery residences that operate in Illinois to
13		serve as a resource for individuals seeking continued recovery
14		assistance.
15		(c) Non-licensable recovery residences are encouraged to
16		register with the Department and the registry shall be
17		publicly available through online posting.
18		(d) The registry shall indicate any accreditation,
19		certification, or licensure that each recovery residence has
20		received from an entity that has developed uniform national
21		standards. The registry shall also indicate each recovery
22		residence's location in order to assist providers and
23		individuals in finding alcohol, gambling, and drug free
24		housing options with like-minded residents who are committed
25		to alcohol, gambling, and drug free living.

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1		(e) Registrants are encouraged to seek national
2		accreditation from any entity that has developed uniform State
3		or national standards for recovery residences.
4		(f) The Department shall include a disclaimer on the
5		registry that states that the recovery residences are not
6		regulated by the Department and their listing is provided as a
7		resource but not as an endorsement by the State.
8		(Source: P.A. 100-1062, eff. 1-1-19; 101-81, eff. 7-12-19.)