Rep. La Shawn K. Ford
Filed: 2/15/2022
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1 | AMENDMENT TO HOUSE BILL 4700
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2 | AMENDMENT NO. ______. Amend House Bill 4700 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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:
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11 | (20 ILCS 301/1-5)
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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 |
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1 | imperative that a
comprehensive and coordinated strategy be | ||||||
2 | developed under the leadership of a
State agency. This | ||||||
3 | strategy should be implemented through the facilities of | ||||||
4 | federal and local
government and community-based agencies | ||||||
5 | (which may be public or private,
volunteer or professional). | ||||||
6 | Through local
prevention, early intervention, treatment, and
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7 | other recovery support services, this strategy should empower | ||||||
8 | those struggling with these substance use disorders (and, when | ||||||
9 | appropriate, the families of those persons) to lead healthy | ||||||
10 | lives.
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11 | The human, social, and economic benefits of preventing | ||||||
12 | these substance use disorders are great, and it is imperative | ||||||
13 | that there be
interagency cooperation in the planning and | ||||||
14 | delivery of prevention, early intervention, treatment, and | ||||||
15 | other recovery support services in Illinois.
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16 | The provisions of this Act shall be liberally construed to | ||||||
17 | enable the
Department to carry out these objectives and | ||||||
18 | purposes.
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19 | (Source: P.A. 100-759, eff. 1-1-19 .)
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20 | (20 ILCS 301/1-10)
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21 | Sec. 1-10. Definitions. As used in this Act, unless the | ||||||
22 | context clearly
indicates otherwise, the following words and | ||||||
23 | terms have the following meanings:
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24 | "Case management" means a coordinated approach to the | ||||||
25 | delivery of health and medical treatment, substance use |
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1 | disorder treatment, gambling disorder treatment, mental health | ||||||
2 | treatment, and social services, linking patients with | ||||||
3 | appropriate services to address specific needs and achieve | ||||||
4 | stated goals. In general, case management assists patients | ||||||
5 | with other disorders and conditions that require multiple | ||||||
6 | services over extended periods of time and who face difficulty | ||||||
7 | in gaining access to those services. | ||||||
8 | "Crime of violence" means any of the following crimes: | ||||||
9 | murder, voluntary
manslaughter, criminal sexual assault, | ||||||
10 | aggravated criminal sexual assault,
predatory criminal sexual | ||||||
11 | assault of a child,
armed robbery, robbery, arson, kidnapping, | ||||||
12 | aggravated battery, aggravated
arson, or any
other felony that | ||||||
13 | involves the use or threat of physical force or violence
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14 | against another individual. | ||||||
15 | "Department" means the Department of Human Services. | ||||||
16 | "DUI" means driving under the influence of alcohol or | ||||||
17 | other drugs. | ||||||
18 | "Designated program" means a category of service | ||||||
19 | authorized by an intervention license issued by the Department | ||||||
20 | for delivery of all services as described in Article 40 in this | ||||||
21 | Act. | ||||||
22 | "Early intervention" means services, authorized by a | ||||||
23 | treatment license, that are sub-clinical and pre-diagnostic | ||||||
24 | and that are designed to screen, identify, and address risk | ||||||
25 | factors that may be related to problems associated with a | ||||||
26 | substance use or gambling disorder substance use disorders and |
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1 | to assist individuals in recognizing harmful consequences. | ||||||
2 | Early intervention services facilitate emotional and social | ||||||
3 | stability and involve involves referrals for treatment, as | ||||||
4 | needed. | ||||||
5 | "Facility" means the building or premises are used for the | ||||||
6 | provision
of licensable services, including support services, | ||||||
7 | as set forth by
rule. | ||||||
8 | "Gambling disorder" means persistent and recurring | ||||||
9 | maladaptive gambling behavior that disrupts personal, family, | ||||||
10 | or vocational pursuits. | ||||||
11 | "Gambling" means the risking of money or other items of | ||||||
12 | value in games of chance, including video gaming, sports | ||||||
13 | betting, and other games of chance. | ||||||
14 | "Gaming" means the action or practice of playing video | ||||||
15 | games. | ||||||
16 | "Holds itself out" means any activity that would lead one | ||||||
17 | to reasonably conclude that the individual or entity provides | ||||||
18 | or intends to provide licensable substance-related disorder | ||||||
19 | intervention or treatment services. Such activities include, | ||||||
20 | but are not limited to, advertisements, notices, statements, | ||||||
21 | or contractual arrangements with managed care organizations, | ||||||
22 | private health insurance, or employee assistance programs to | ||||||
23 | provide services that require a license as specified in | ||||||
24 | Article 15. | ||||||
25 | "Informed consent" means legally valid written consent, | ||||||
26 | given by a client, patient, or legal guardian, that authorizes |
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1 | intervention or treatment services from a licensed | ||||||
2 | organization and that documents agreement to participate in | ||||||
3 | those services and knowledge of the consequences of withdrawal | ||||||
4 | from such services. Informed consent also acknowledges the | ||||||
5 | client's or patient's right to a conflict-free choice of | ||||||
6 | services from any licensed organization and the potential | ||||||
7 | risks and benefits of selected services. | ||||||
8 | "Intoxicated person" means a person whose mental or | ||||||
9 | physical functioning is
substantially impaired as a result of | ||||||
10 | the current effects of alcohol or other
drugs within the body. | ||||||
11 | "Medication assisted treatment" means the prescription of | ||||||
12 | medications that are approved by the U.S. Food and Drug | ||||||
13 | Administration and the Center for Substance Abuse Treatment to | ||||||
14 | assist with treatment for a substance use disorder and to | ||||||
15 | support recovery for individuals receiving services in a | ||||||
16 | facility licensed by the Department. Medication assisted | ||||||
17 | treatment includes opioid treatment services as authorized by | ||||||
18 | a Department license. | ||||||
19 | "Off-site services" means licensable services are
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20 | conducted at a location separate from the licensed location of | ||||||
21 | the
provider, and services are operated by an entity licensed | ||||||
22 | under
this Act and approved in advance by the Department. | ||||||
23 | "Person" means any individual, firm, group, association, | ||||||
24 | partnership,
corporation, trust, government or governmental | ||||||
25 | subdivision or agency. | ||||||
26 | "Prevention" means an interactive process of individuals, |
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1 | families, schools,
religious organizations, communities and | ||||||
2 | regional, state and national
organizations whose goals are to | ||||||
3 | reduce the prevalence of substance use or gambling disorders, | ||||||
4 | prevent the use of illegal drugs and the
abuse of legal drugs | ||||||
5 | by persons of all ages, prevent the use of alcohol by
minors, | ||||||
6 | reduce the severity of harm in gambling by persons of all ages, | ||||||
7 | build the capacities of individuals and systems, and promote | ||||||
8 | healthy
environments, lifestyles, and behaviors. | ||||||
9 | "Recovery" means a process of change through which | ||||||
10 | individuals improve their health and wellness, live a | ||||||
11 | self-directed life, and reach their full potential. | ||||||
12 | "Recovery support" means services designed to support | ||||||
13 | individual recovery from a substance use or gambling disorder | ||||||
14 | that may be delivered pre-treatment, during treatment, or post | ||||||
15 | treatment. These services may be delivered in a wide variety | ||||||
16 | of settings for the purpose of supporting the individual in | ||||||
17 | meeting his or her recovery support goals. | ||||||
18 | "Secretary" means the Secretary of the Department of Human | ||||||
19 | Services or his or her designee. | ||||||
20 | "Substance use disorder" means a spectrum of persistent | ||||||
21 | and recurring problematic behavior that encompasses 10 | ||||||
22 | separate classes of drugs: alcohol; caffeine; cannabis; | ||||||
23 | hallucinogens; inhalants; opioids; sedatives, hypnotics and | ||||||
24 | anxiolytics; stimulants; and tobacco; and other unknown | ||||||
25 | substances leading to clinically significant impairment or | ||||||
26 | distress. |
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1 | "Treatment" means the broad range of emergency, | ||||||
2 | outpatient, and residential care (including assessment, | ||||||
3 | diagnosis, case management, treatment, and recovery support | ||||||
4 | planning) may be extended to individuals with substance use | ||||||
5 | disorders or to the families of those persons. | ||||||
6 | "Withdrawal management" means services designed to manage | ||||||
7 | intoxication or withdrawal episodes (previously referred to as | ||||||
8 | detoxification), interrupt the momentum of habitual, | ||||||
9 | compulsive substance use and begin the initial engagement in | ||||||
10 | medically necessary substance use disorder treatment. | ||||||
11 | Withdrawal management allows patients to safely withdraw from | ||||||
12 | substances in a controlled medically-structured environment.
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13 | (Source: P.A. 100-759, eff. 1-1-19 .)
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14 | (20 ILCS 301/5-5)
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15 | Sec. 5-5. Successor department; home rule.
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16 | (a) The Department of Human Services, as successor to the | ||||||
17 | Department of
Alcoholism and Substance Abuse, shall
assume the | ||||||
18 | various rights, powers, duties, and functions provided for in
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19 | this Act.
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20 | (b) It is declared to be the public policy of this State, | ||||||
21 | pursuant to
paragraphs (h) and (i) of Section 6 of Article VII | ||||||
22 | of the Illinois Constitution
of 1970, that the powers and | ||||||
23 | functions set forth in this Act and expressly
delegated to the | ||||||
24 | Department
are exclusive State powers and functions. Nothing | ||||||
25 | herein prohibits the
exercise of any power or the performance |
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1 | of any function, including the power
to regulate, for the | ||||||
2 | protection of the public health, safety, morals and
welfare, | ||||||
3 | by any unit of local government, other than the powers and | ||||||
4 | functions
set forth in this Act and expressly delegated to the | ||||||
5 | Department to be exclusive
State powers and functions.
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6 | (c) The Department shall, through accountable and | ||||||
7 | efficient leadership,
example and commitment to excellence, | ||||||
8 | strive to reduce the incidence of substance use or gambling | ||||||
9 | disorders by:
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10 | (1) Fostering public understanding of substance use | ||||||
11 | disorders and how they affect individuals, families, and | ||||||
12 | communities.
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13 | (2) Promoting healthy lifestyles.
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14 | (3) Promoting understanding and support for sound | ||||||
15 | public policies.
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16 | (4) Ensuring quality prevention, early intervention, | ||||||
17 | treatment, and other recovery support
services that are | ||||||
18 | accessible and responsive to the diverse needs of
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19 | individuals, families, and communities.
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20 | (Source: P.A. 100-759, eff. 1-1-19 .)
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21 | (20 ILCS 301/5-10)
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22 | Sec. 5-10. Functions of the Department.
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23 | (a) In addition to the powers, duties and functions vested | ||||||
24 | in the Department
by this Act, or by other laws of this State, | ||||||
25 | the Department shall carry out the
following activities:
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1 | (1) Design, coordinate and fund comprehensive
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2 | community-based and culturally and gender-appropriate | ||||||
3 | services
throughout the State. These services must include
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4 | prevention, early intervention, treatment, and other
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5 | recovery support services for substance use disorders that
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6 | are accessible and address addresses the needs of at-risk
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7 | individuals and their families.
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8 | (2) Act as the exclusive State agency to accept, | ||||||
9 | receive and expend,
pursuant to appropriation, any public | ||||||
10 | or private monies, grants or services,
including those | ||||||
11 | received from the federal government or from other State
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12 | agencies, for the purpose of providing prevention, early
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13 | intervention, treatment, and other recovery support
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14 | services for substance use or gambling disorders.
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15 | (2.5) In partnership with the Department of Healthcare | ||||||
16 | and Family Services, act as one of the principal State | ||||||
17 | agencies for the sole purpose of calculating the | ||||||
18 | maintenance of effort requirement under Section 1930 of | ||||||
19 | Title XIX, Part B, Subpart II of the Public Health Service | ||||||
20 | Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR | ||||||
21 | 96.134). | ||||||
22 | (3) Coordinate a statewide strategy for the
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23 | prevention, early intervention,
treatment, and recovery | ||||||
24 | support of substance use or gambling
disorders. This | ||||||
25 | strategy shall include the development of a
comprehensive | ||||||
26 | plan, submitted annually with the
application for federal |
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1 | substance use disorder block grant
funding, for the | ||||||
2 | provision of an array of such services. The plan shall be | ||||||
3 | based on local community-based needs and upon
data | ||||||
4 | including, but not limited to, that which defines the | ||||||
5 | prevalence of and
costs associated with these substance | ||||||
6 | use
disorders.
This comprehensive plan shall include | ||||||
7 | identification of problems, needs,
priorities, services | ||||||
8 | and other pertinent information, including the needs of
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9 | marginalized community members minorities and other | ||||||
10 | specific priority populations in the State, and shall | ||||||
11 | describe how
the identified problems and needs will be | ||||||
12 | addressed. For purposes of this
paragraph, the term | ||||||
13 | " marginalized community members minorities and other | ||||||
14 | specific priority populations " may include,
but shall not | ||||||
15 | be limited to, groups such as women, children, persons who | ||||||
16 | use intravenous drugs intravenous drug
users , persons with | ||||||
17 | AIDS or who are HIV infected, veterans, African-Americans, | ||||||
18 | Latinxs/Hispanics, Asian-Americans, Puerto
Ricans, | ||||||
19 | Hispanics, Asian Americans, the elderly, persons in the | ||||||
20 | criminal
justice system, persons experiencing | ||||||
21 | homelessness, persons who are clients of services provided | ||||||
22 | by other State
agencies, persons with disabilities , and | ||||||
23 | such other specific populations as the
Department may from | ||||||
24 | time to time identify. In developing the plan, the
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25 | Department shall seek input from providers, parent groups, | ||||||
26 | associations and
interested citizens.
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1 | The plan
developed under this Section shall include an | ||||||
2 | explanation of the rationale to
be used in ensuring that | ||||||
3 | funding shall be based upon local community needs,
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4 | including, but not limited to, the incidence and | ||||||
5 | prevalence of, and costs
associated with, these substance | ||||||
6 | use
disorders, as
well as upon demonstrated program | ||||||
7 | performance.
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8 | The plan developed under this Section shall
also | ||||||
9 | contain a report detailing the activities of and progress | ||||||
10 | made through services for the
care and treatment of these | ||||||
11 | substance use disorders among
pregnant women and mothers | ||||||
12 | and their children established
under subsection (j) of | ||||||
13 | Section 35-5.
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14 | As applicable, the plan developed under this Section
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15 | shall also include information about funding by other | ||||||
16 | State
agencies for prevention, early intervention, | ||||||
17 | treatment,
and other recovery support services.
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18 | (4) Lead, foster and develop cooperation, coordination | ||||||
19 | and agreements
among federal and State governmental | ||||||
20 | agencies and local providers that provide
assistance, | ||||||
21 | services, funding or other functions, peripheral or | ||||||
22 | direct, in the
prevention, early intervention, treatment,
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23 | and recovery support for substance use or gambling | ||||||
24 | disorders. This shall include, but shall not be limited | ||||||
25 | to,
the following:
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26 | (A) Cooperate with and assist other State
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1 | agencies, as applicable, in establishing and
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2 | conducting these substance use disorder services among | ||||||
3 | the
populations they respectively serve.
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4 | (B) Cooperate with and assist the Illinois | ||||||
5 | Department of Public Health
in the establishment, | ||||||
6 | funding and support of programs and services for the
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7 | promotion of maternal and child health and the | ||||||
8 | prevention and treatment of
infectious diseases, | ||||||
9 | including but not limited to HIV infection, especially
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10 | with respect to those persons who are high risk due to
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11 | intravenous injection of illegal drugs, or who may | ||||||
12 | have
been sexual partners of these individuals, or who | ||||||
13 | may
have impaired immune systems as a result of a
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14 | substance use disorder.
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15 | (C) Supply to the Department of Public Health and | ||||||
16 | prenatal care
providers a list of all providers who | ||||||
17 | are
licensed to provide substance use disorder | ||||||
18 | treatment
for pregnant women in this State.
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19 | (D) Assist in the placement of child abuse or | ||||||
20 | neglect perpetrators
(identified by the Illinois | ||||||
21 | Department of Children and Family Services (DCFS)) who
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22 | have been determined to be in need of substance use
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23 | disorder treatment
pursuant to Section 8.2 of the | ||||||
24 | Abused and Neglected Child Reporting Act.
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25 | (E) Cooperate with and assist DCFS in carrying out | ||||||
26 | its mandates to:
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1 | (i) identify substance use and gambling | ||||||
2 | disorders among its clients and
their families; | ||||||
3 | and
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4 | (ii) develop services to deal with such | ||||||
5 | disorders.
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6 | These services may include, but shall not be limited | ||||||
7 | to,
programs to prevent or treat substance
use or | ||||||
8 | gambling disorders with DCFS clients and their | ||||||
9 | families,
identifying child care needs within such | ||||||
10 | treatment, and assistance with other
issues as | ||||||
11 | required.
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12 | (F) Cooperate with and assist the Illinois | ||||||
13 | Criminal Justice Information
Authority with respect to | ||||||
14 | statistical and other information concerning the | ||||||
15 | incidence and prevalence of substance use or gambling
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16 | disorders.
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17 | (G) Cooperate with and assist the State | ||||||
18 | Superintendent of Education,
boards of education, | ||||||
19 | schools, police departments, the Illinois State | ||||||
20 | Police, courts and other public and private agencies | ||||||
21 | and individuals in
establishing substance use or | ||||||
22 | gambling disorder prevention programs statewide and | ||||||
23 | preparing curriculum materials
for use at all levels | ||||||
24 | of education.
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25 | (H) Cooperate with and assist the Illinois | ||||||
26 | Department of Healthcare and Family Services in
the |
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1 | development and provision of services offered to | ||||||
2 | recipients of public
assistance for the treatment and | ||||||
3 | prevention of substance use or gambling disorders.
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4 | (I) (Blank).
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5 | (5) From monies appropriated to the Department from | ||||||
6 | the Drunk and Drugged
Driving Prevention Fund, reimburse | ||||||
7 | DUI evaluation and risk
education programs licensed by the | ||||||
8 | Department for providing
indigent persons with free or | ||||||
9 | reduced-cost evaluation and risk education services | ||||||
10 | relating to a charge of
driving under the influence of | ||||||
11 | alcohol or other drugs.
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12 | (6) Promulgate regulations to identify and disseminate | ||||||
13 | best practice guidelines that can be utilized by publicly
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14 | and privately funded programs as well as for levels of | ||||||
15 | payment to government
funded programs that provide | ||||||
16 | prevention,
early intervention, treatment, and other | ||||||
17 | recovery support services for substance use or gambling | ||||||
18 | disorders and those services referenced in Sections 15-10
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19 | and 40-5.
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20 | (7) In consultation with providers and
related trade | ||||||
21 | associations, specify a uniform
methodology for use by | ||||||
22 | funded providers and the
Department for billing
and | ||||||
23 | collection and dissemination of statistical information
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24 | regarding services related to substance use or gambling
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25 | disorders.
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26 | (8) Receive data and assistance from federal, State |
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1 | and local governmental
agencies, and obtain copies of | ||||||
2 | identification and arrest data from all federal,
State and | ||||||
3 | local law enforcement agencies for use in carrying out the | ||||||
4 | purposes
and functions of the Department.
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5 | (9) Designate and license providers to conduct | ||||||
6 | screening, assessment,
referral and tracking of clients | ||||||
7 | identified by the criminal justice system as
having | ||||||
8 | indications of substance use
disorders and being
eligible | ||||||
9 | to make an election for treatment under Section 40-5 of | ||||||
10 | this Act, and
assist in the placement of individuals who | ||||||
11 | are under court order to participate
in treatment.
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12 | (10) Identify and disseminate evidence-based best | ||||||
13 | practice guidelines as maintained in administrative rule | ||||||
14 | that can be utilized to determine a substance use or | ||||||
15 | gambling disorder diagnosis.
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16 | (11) (Blank).
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17 | (12) Make grants with funds appropriated from the Drug | ||||||
18 | Treatment Fund in
accordance with Section 7 of the | ||||||
19 | Controlled Substance and Cannabis Nuisance
Act, or in | ||||||
20 | accordance with Section 80 of the Methamphetamine Control | ||||||
21 | and Community Protection Act, or in accordance with | ||||||
22 | subsections (h) and (i) of Section 411.2 of the
Illinois | ||||||
23 | Controlled Substances Act, or in accordance with Section | ||||||
24 | 6z-107 of the State Finance Act.
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25 | (13) Encourage all health and disability insurance | ||||||
26 | programs to include
substance use and gambling disorder
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1 | treatment as a covered services service and to use | ||||||
2 | evidence-based best practice criteria as maintained in | ||||||
3 | administrative rule and as required in Public Act 99-0480 | ||||||
4 | in determining the necessity for such services and | ||||||
5 | continued stay.
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6 | (14) Award grants and enter into fixed-rate and | ||||||
7 | fee-for-service arrangements
with any other department, | ||||||
8 | authority or commission of this State, or any other
state | ||||||
9 | or the federal government or with any public or private | ||||||
10 | agency, including
the disbursement of funds and furnishing | ||||||
11 | of staff, to effectuate the purposes
of this Act.
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12 | (15) Conduct a public information campaign to inform | ||||||
13 | the State's
Hispanic residents regarding the prevention | ||||||
14 | and treatment of substance use or gambling disorders.
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15 | (b) In addition to the powers, duties and functions vested | ||||||
16 | in it by this
Act, or by other laws of this State, the | ||||||
17 | Department may undertake, but shall
not be limited to, the | ||||||
18 | following activities:
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19 | (1) Require all organizations licensed or funded by | ||||||
20 | the Department to include an education
component to inform | ||||||
21 | participants regarding the causes and means of | ||||||
22 | transmission
and methods of reducing the risk of acquiring | ||||||
23 | or transmitting HIV infection and other infectious
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24 | diseases,
and to include funding for such education | ||||||
25 | component in its support of the
program.
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26 | (2) Review all State agency applications for federal |
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1 | funds that include
provisions relating to the prevention, | ||||||
2 | early intervention and treatment of
substance use or | ||||||
3 | gambling
disorders in order to ensure consistency.
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4 | (3) Prepare, publish, evaluate, disseminate and serve | ||||||
5 | as a central
repository for educational materials dealing | ||||||
6 | with the nature and effects of
substance use or gambling | ||||||
7 | disorders. Such materials may deal with
the educational | ||||||
8 | needs of the citizens of Illinois, and may include at | ||||||
9 | least
pamphlets that describe the causes and effects of | ||||||
10 | fetal alcohol
spectrum disorders.
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11 | (4) Develop and coordinate, with regional and local | ||||||
12 | agencies, education
and training programs for persons | ||||||
13 | engaged in providing services
for persons with
substance | ||||||
14 | use or gambling disorders,
which programs may include | ||||||
15 | specific HIV education and training for program
personnel.
| ||||||
16 | (5) Cooperate with and assist in the development of | ||||||
17 | education, prevention, early intervention,
and treatment | ||||||
18 | programs for employees of State and local governments and
| ||||||
19 | businesses in the State.
| ||||||
20 | (6) Utilize the support and assistance of interested | ||||||
21 | persons in the
community, including recovering persons, to | ||||||
22 | assist individuals
and communities in understanding the | ||||||
23 | dynamics of substance use or gambling
disorders, and to | ||||||
24 | encourage
individuals with these substance use disorders | ||||||
25 | to
voluntarily undergo treatment.
| ||||||
26 | (7) Promote, conduct, assist or sponsor basic |
| |||||||
| |||||||
1 | clinical, epidemiological
and statistical research into | ||||||
2 | substance use or gambling disorders
and research into the | ||||||
3 | prevention of those problems either solely or in
| ||||||
4 | conjunction with any public or private agency.
| ||||||
5 | (8) Cooperate with public and private agencies, | ||||||
6 | organizations , institutions of higher education, and
| ||||||
7 | individuals in the development of programs, and to provide | ||||||
8 | technical assistance
and consultation services for this | ||||||
9 | purpose.
| ||||||
10 | (9) (Blank).
| ||||||
11 | (10) (Blank).
| ||||||
12 | (11) Fund, promote, or assist entities dealing with
| ||||||
13 | substance use or gambling disorders.
| ||||||
14 | (12) With monies appropriated from the Group Home Loan | ||||||
15 | Revolving Fund,
make loans, directly or through | ||||||
16 | subcontract, to assist in underwriting the
costs of | ||||||
17 | housing in which individuals recovering from substance use | ||||||
18 | or gambling
disorders may reside, pursuant
to Section | ||||||
19 | 50-40 of this Act.
| ||||||
20 | (13) Promulgate such regulations as may be necessary | ||||||
21 | to carry out the purposes and enforce the
provisions of | ||||||
22 | this Act.
| ||||||
23 | (14) Provide funding to help parents be effective in | ||||||
24 | preventing
substance use or gambling disorders by building | ||||||
25 | an awareness of the family's
role in preventing these | ||||||
26 | substance use disorders through adjusting expectations, |
| |||||||
| |||||||
1 | developing new skills,
and setting positive family goals. | ||||||
2 | The programs shall include, but not be
limited to, the | ||||||
3 | following subjects: healthy family communication; | ||||||
4 | establishing
rules and limits; how to reduce family | ||||||
5 | conflict; how to build self-esteem,
competency, and | ||||||
6 | responsibility in children; how to improve motivation and
| ||||||
7 | achievement; effective discipline; problem solving | ||||||
8 | techniques; healthy gaming and play habits; appropriate | ||||||
9 | financial planning and investment strategies; how to talk | ||||||
10 | about gambling and related activities; and how to talk
| ||||||
11 | about substance use or gambling drugs and alcohol . The | ||||||
12 | programs shall be open to all parents.
| ||||||
13 | (Source: P.A. 101-10, eff. 6-5-19; 102-538, eff. 8-20-21.)
| ||||||
14 | (20 ILCS 301/5-20)
| ||||||
15 | Sec. 5-20. Gambling disorders.
| ||||||
16 | (a) Subject to appropriation, the Department shall | ||||||
17 | establish a program for
public education, research, and | ||||||
18 | training regarding
gambling disorders and the treatment and | ||||||
19 | prevention of gambling disorders.
Subject to specific | ||||||
20 | appropriation for these stated purposes, the program must
| ||||||
21 | include all of the following:
| ||||||
22 | (1) Establishment and maintenance of a toll-free | ||||||
23 | hotline and website "800" telephone number
to provide | ||||||
24 | crisis counseling and referral services for to families | ||||||
25 | that experience experiencing
difficulty related to a as a |
| |||||||
| |||||||
1 | result of gambling disorder disorders .
| ||||||
2 | (2) Promotion of public awareness regarding the | ||||||
3 | recognition and
prevention of gambling disorders. | ||||||
4 | Promotion of public awareness to create a gambling | ||||||
5 | informed State regarding the impact of gambling disorders | ||||||
6 | on individuals, families, and communities and the stigma | ||||||
7 | that surrounds gambling disorders.
| ||||||
8 | (3) Facilitation, through in-service training , | ||||||
9 | certification promotion, and other innovative means, of | ||||||
10 | the
availability of effective assistance programs for | ||||||
11 | gambling disorders.
| ||||||
12 | (4) Conducting studies to , and through other | ||||||
13 | innovative means, identify adults and juveniles in this
| ||||||
14 | State who have, or who are at risk of developing, gambling | ||||||
15 | disorders.
| ||||||
16 | (5) Utilize screening, crisis intervention, treatment, | ||||||
17 | public awareness, prevention, in-service training, and | ||||||
18 | other innovative means, to decrease the incidents of | ||||||
19 | suicide attempts related to a gambling disorder or | ||||||
20 | gambling issues. | ||||||
21 | (b) Subject to appropriation, the Department shall either | ||||||
22 | establish and
maintain the program or contract with a private | ||||||
23 | or public entity for the
establishment and maintenance of the | ||||||
24 | program. Subject to appropriation, either
the Department or | ||||||
25 | the private or public entity shall implement the hotline and | ||||||
26 | website toll-free
telephone number , promote public awareness, |
| |||||||
| |||||||
1 | conduct research, fund treatment and recovery services, and | ||||||
2 | conduct in-service training
concerning gambling disorders.
| ||||||
3 | (c) The Department shall determine a statement regarding | ||||||
4 | obtaining assistance with a gambling disorder which each | ||||||
5 | licensed gambling establishment owner shall post and each | ||||||
6 | master sports wagering licensee shall include on the master | ||||||
7 | sports wagering licensee's portal, Internet website, or | ||||||
8 | computer or mobile application. Subject to appropriation, the | ||||||
9 | Department shall produce and supply the
signs with the | ||||||
10 | statement as specified in Section 10.7 of the Illinois Lottery | ||||||
11 | Law, Section 34.1 of
the Illinois Horse Racing Act of 1975, | ||||||
12 | Section 4.3 of the Bingo License and Tax
Act, Section 8.1 of | ||||||
13 | the Charitable Games Act, Section 25.95 of the Sports Wagering | ||||||
14 | Act, and Section 13.1 of the Illinois
Gambling Act , and the | ||||||
15 | Video Gaming Act .
| ||||||
16 | (d) Programs; gambling disorder prevention. | ||||||
17 | (1) The Department may establish a program to provide
| ||||||
18 | for the production and publication, in electronic and | ||||||
19 | other formats, of gambling prevention, recognition, | ||||||
20 | treatment, and recovery literature and other public | ||||||
21 | education methods. The Department may develop and | ||||||
22 | disseminate curricula for use by professionals, | ||||||
23 | organizations, individuals, or committees interested in | ||||||
24 | the prevention of gambling disorders. | ||||||
25 | (2) The Department may provide advice to State and
| ||||||
26 | local officials on gambling disorders, including the |
| |||||||
| |||||||
1 | prevalence of gambling disorders, programs treating or | ||||||
2 | promoting prevention of gambling disorders, trends in | ||||||
3 | gambling disorder prevalence, and the relationship between | ||||||
4 | gaming and gambling disorders. | ||||||
5 | (3) The Department may support gambling disorder | ||||||
6 | prevention, recognition, treatment, and recovery projects | ||||||
7 | by facilitating the acquisition of gambling prevention | ||||||
8 | curriculums, providing trainings in gambling disorder | ||||||
9 | prevention best practices, connecting programs to health | ||||||
10 | care resources, establishing learning collaboratives | ||||||
11 | between localities and programs, and assisting programs in | ||||||
12 | navigating any regulatory requirements for establishing or | ||||||
13 | expanding such programs. | ||||||
14 | (4) In supporting best practices in gambling disorder | ||||||
15 | prevention programming, the Department may promote the | ||||||
16 | following programmatic elements: | ||||||
17 | (A) Providing funding for community-based | ||||||
18 | organizations to employ community health workers or | ||||||
19 | peer
recovery specialists who are familiar with the | ||||||
20 | communities served and can provide culturally | ||||||
21 | competent services. | ||||||
22 | (B) Collaborating with other community-based
| ||||||
23 | organizations, substance use disorder treatment | ||||||
24 | centers, or other health care providers engaged in | ||||||
25 | treating individuals who are experiencing gambling | ||||||
26 | disorder. |
| |||||||
| |||||||
1 | (C) Providing linkages for individuals to obtain
| ||||||
2 | evidence-based gambling disorder treatment. | ||||||
3 | (D) Engaging individuals exiting jails or prisons
| ||||||
4 | who are at a high risk of developing a gambling | ||||||
5 | disorder. | ||||||
6 | (E) Providing education and training to
| ||||||
7 | community-based organizations who work directly with | ||||||
8 | individuals who are experiencing gambling disorders | ||||||
9 | and those individuals' families and communities. | ||||||
10 | (F) Providing education and training on gambling | ||||||
11 | disorder prevention and response to the judicial | ||||||
12 | system. | ||||||
13 | (G) Informing communities of the impact gambling | ||||||
14 | disorder has on suicidal ideation and suicide attempts | ||||||
15 | and the role health care professionals can have in | ||||||
16 | identifying appropriate treatment. | ||||||
17 | (H) Producing and distributing targeted mass
media | ||||||
18 | materials on gambling disorder prevention and | ||||||
19 | response, and the potential dangers of gambling | ||||||
20 | related stigma. | ||||||
21 | (e) Grants. | ||||||
22 | (1) The Department may award grants, in accordance
| ||||||
23 | with this subsection, to create or support local gambling | ||||||
24 | prevention, recognition, and response projects. Local | ||||||
25 | health departments, correctional institutions, hospitals, | ||||||
26 | universities, community-based organizations, and |
| |||||||
| |||||||
1 | faith-based organizations may apply to the Department for | ||||||
2 | a grant under this subsection at the time and in the manner | ||||||
3 | the Department prescribes. | ||||||
4 | (2) In awarding grants, the Department shall consider
| ||||||
5 | the necessity for gambling disorder prevention projects in | ||||||
6 | various settings and shall encourage all grant applicants | ||||||
7 | to develop interventions that will be effective and viable | ||||||
8 | in their local areas. | ||||||
9 | (3) In addition to moneys appropriated by the General
| ||||||
10 | Assembly, the Department may seek grants from private | ||||||
11 | foundations, the federal government, and other sources to | ||||||
12 | fund the grants under this Section and to fund an | ||||||
13 | evaluation of the programs supported by the grants. | ||||||
14 | (4) The Department may award grants to create or | ||||||
15 | support local gambling treatment programs. Such programs | ||||||
16 | may include prevention, early intervention, residential | ||||||
17 | and outpatient treatment, and recovery support services | ||||||
18 | for gambling disorders. Local health departments, | ||||||
19 | hospitals, universities, community-based organizations, | ||||||
20 | and faith-based organizations may apply to the Department | ||||||
21 | for a grant under this subsection at the time and in the | ||||||
22 | manner the Department prescribes. | ||||||
23 | (Source: P.A. 100-759, eff. 1-1-19; 101-31, eff. 6-28-19.)
| ||||||
24 | (20 ILCS 301/10-10)
| ||||||
25 | Sec. 10-10. Powers and duties of the Council. The Council |
| |||||||
| |||||||
1 | shall:
| ||||||
2 | (a) Advise the Department on ways to encourage public | ||||||
3 | understanding and
support of the Department's programs.
| ||||||
4 | (b) Advise the Department on regulations and licensure | ||||||
5 | proposed by the
Department.
| ||||||
6 | (c) Advise the Department in the formulation, | ||||||
7 | preparation, and
implementation of the annual plan | ||||||
8 | submitted with the federal Substance Use Disorder Block | ||||||
9 | Grant application for prevention, early intervention, | ||||||
10 | treatment, and other recovery support services for | ||||||
11 | substance use disorders.
| ||||||
12 | (d) Advise the Department on implementation of | ||||||
13 | substance use and gambling disorder education and | ||||||
14 | prevention programs throughout the State.
| ||||||
15 | (e) Assist with incorporating into the annual plan | ||||||
16 | submitted with the federal Substance Use Disorder Block | ||||||
17 | Grant application, planning information specific to | ||||||
18 | Illinois' female population. The information shall | ||||||
19 | contain, but need
not be limited to, the types of services
| ||||||
20 | funded, the population served, the support services | ||||||
21 | available, and the goals, objectives,
proposed methods of | ||||||
22 | achievement, service projections and cost estimate for the
| ||||||
23 | upcoming year.
| ||||||
24 | (f) Perform other duties as requested by the | ||||||
25 | Secretary. | ||||||
26 | (g) Advise the Department in the planning, |
| |||||||
| |||||||
1 | development, and coordination of programs among all | ||||||
2 | agencies and departments of State government, including | ||||||
3 | programs to reduce substance use and gambling disorders, | ||||||
4 | prevent the misuse of illegal and legal drugs by persons | ||||||
5 | of all ages, prevent gambling and gaming by minors, and | ||||||
6 | prevent the use of alcohol by minors. | ||||||
7 | (h) Promote and encourage participation by the private | ||||||
8 | sector, including business, industry, labor, and the | ||||||
9 | media, in programs to prevent substance use and gambling | ||||||
10 | disorders. | ||||||
11 | (i) Encourage the implementation of programs to | ||||||
12 | prevent substance use and gambling disorders in the public | ||||||
13 | and private schools and educational institutions. | ||||||
14 | (j) Gather information, conduct hearings, and make | ||||||
15 | recommendations to the Secretary concerning additions, | ||||||
16 | deletions, or rescheduling of substances under the | ||||||
17 | Illinois Controlled Substances Act. | ||||||
18 | (k) Report as requested to the General Assembly | ||||||
19 | regarding the activities and recommendations made by the | ||||||
20 | Council.
| ||||||
21 | (Source: P.A. 100-759, eff. 1-1-19 .)
| ||||||
22 | (20 ILCS 301/10-15)
| ||||||
23 | Sec. 10-15. Qualification and appointment of members. The | ||||||
24 | membership of
the Illinois Advisory Council may, as needed, | ||||||
25 | consist of:
|
| |||||||
| |||||||
1 | (a) A State's Attorney designated by the President of | ||||||
2 | the Illinois State's
Attorneys Association.
| ||||||
3 | (b) A judge designated by the Chief Justice of the | ||||||
4 | Illinois Supreme Court.
| ||||||
5 | (c) A Public Defender appointed by the President of | ||||||
6 | the Illinois Public Defender
Association.
| ||||||
7 | (d) A local law enforcement officer appointed by the | ||||||
8 | Governor.
| ||||||
9 | (e) A labor representative appointed by the Governor.
| ||||||
10 | (f) An educator appointed by the Governor.
| ||||||
11 | (g) A physician licensed to practice medicine in all | ||||||
12 | its branches
appointed
by the Governor with due regard for | ||||||
13 | the appointee's knowledge of the field of
substance use | ||||||
14 | disorders.
| ||||||
15 | (h) 4 members of the Illinois House of | ||||||
16 | Representatives, 2 each appointed
by the Speaker and | ||||||
17 | Minority Leader.
| ||||||
18 | (i) 4 members of the Illinois Senate, 2 each appointed | ||||||
19 | by the President
and Minority Leader.
| ||||||
20 | (j) The Chief Executive Officer of the Illinois | ||||||
21 | Association for Behavioral Health or his or her designee.
| ||||||
22 | (k) An advocate for the needs of youth appointed by | ||||||
23 | the Governor.
| ||||||
24 | (l) The President of the Illinois State Medical | ||||||
25 | Society or his or her
designee.
| ||||||
26 | (m) The President of the Illinois Hospital Association |
| |||||||
| |||||||
1 | or his or her
designee.
| ||||||
2 | (n) The President of the Illinois Nurses Association | ||||||
3 | or a registered nurse
designated by the President.
| ||||||
4 | (o) The President of the Illinois Pharmacists | ||||||
5 | Association or a licensed
pharmacist designated by the | ||||||
6 | President.
| ||||||
7 | (p) The President of the Illinois Chapter of the | ||||||
8 | Association of Labor-Management Administrators and | ||||||
9 | Consultants on Alcoholism.
| ||||||
10 | (p-1) The Chief Executive Officer of the Community | ||||||
11 | Behavioral Healthcare Association
of Illinois or his or | ||||||
12 | her designee.
| ||||||
13 | (q) The Attorney General or his or her designee.
| ||||||
14 | (r) The State Comptroller or his or her designee.
| ||||||
15 | (s) 20 public members, 8 appointed by the Governor, 3 | ||||||
16 | of whom shall be
representatives of substance use or | ||||||
17 | gambling disorder treatment
programs and one of whom shall | ||||||
18 | be a representative of a manufacturer or
importing | ||||||
19 | distributor of alcoholic liquor licensed by the State of | ||||||
20 | Illinois,
and 3 public members appointed by each of the | ||||||
21 | President and Minority Leader of
the Senate and the | ||||||
22 | Speaker and Minority Leader of the House. | ||||||
23 | (t) The Director, Secretary, or other chief | ||||||
24 | administrative officer, ex officio, or his or her | ||||||
25 | designee, of each of the following: the Department on | ||||||
26 | Aging, the Department of Children and Family Services, the |
| |||||||
| |||||||
1 | Department of Corrections, the Department of Juvenile | ||||||
2 | Justice, the Department of Healthcare and Family Services, | ||||||
3 | the Department of Revenue, the Department of Public | ||||||
4 | Health, the Department of Financial and Professional | ||||||
5 | Regulation, the Illinois State Police, the Administrative | ||||||
6 | Office of the Illinois Courts, the Criminal Justice | ||||||
7 | Information Authority, and the Department of | ||||||
8 | Transportation. | ||||||
9 | (u) Each of the following, ex officio, or his or her | ||||||
10 | designee: the Secretary of State, the State Superintendent | ||||||
11 | of Education, and the Chairman of the Board of Higher | ||||||
12 | Education.
| ||||||
13 | The public members may not be officers or employees of the | ||||||
14 | executive branch
of State government; however, the public | ||||||
15 | members may be officers or employees
of a State college or | ||||||
16 | university or of any law enforcement agency. In
appointing | ||||||
17 | members, due consideration shall be given to the experience of
| ||||||
18 | appointees in the fields of medicine, law, prevention, | ||||||
19 | correctional activities,
and social welfare. Vacancies in the | ||||||
20 | public membership shall be filled for the
unexpired term by | ||||||
21 | appointment in like manner as for original appointments, and
| ||||||
22 | the appointive members shall serve until their successors are | ||||||
23 | appointed and
have qualified. Vacancies among the public | ||||||
24 | members appointed by the
legislative leaders shall be filled | ||||||
25 | by the leader of the same house and of the
same political party | ||||||
26 | as the leader who originally appointed the member.
|
| |||||||
| |||||||
1 | Each non-appointive member may designate a representative | ||||||
2 | to serve in his
place by written notice to the Department. All | ||||||
3 | General Assembly members shall
serve until their respective | ||||||
4 | successors are appointed or until termination of
their | ||||||
5 | legislative service, whichever occurs first. The terms of | ||||||
6 | office for
each of the members appointed by the Governor shall | ||||||
7 | be for 3 years, except that
of the members first appointed, 3 | ||||||
8 | shall be appointed for a term of one year,
and 4 shall be | ||||||
9 | appointed for a term of 2 years. The terms of office of each of
| ||||||
10 | the public members appointed by the legislative leaders shall | ||||||
11 | be for 2 years.
| ||||||
12 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
13 | (20 ILCS 301/15-10)
| ||||||
14 | Sec. 15-10. Licensure categories and services. No person | ||||||
15 | or program may provide the
services or conduct the activities | ||||||
16 | described in this Section without first
obtaining a license | ||||||
17 | therefor from the Department, unless otherwise exempted under | ||||||
18 | this Act. The Department shall, by
rule, provide requirements | ||||||
19 | for each of the following types of licenses and categories of | ||||||
20 | service: | ||||||
21 | (a) Treatment: Categories of treatment service for a | ||||||
22 | substance use or gambling disorder authorized by a | ||||||
23 | treatment license are Early Intervention, Outpatient, | ||||||
24 | Intensive Outpatient/Partial Hospitalization, Subacute | ||||||
25 | Residential/Inpatient, and Withdrawal Management. |
| |||||||
| |||||||
1 | Medication assisted treatment that includes methadone used | ||||||
2 | for an opioid use disorder can be licensed as an adjunct to | ||||||
3 | any of the treatment levels of care specified in this | ||||||
4 | Section. | ||||||
5 | (b) Intervention: Categories of an intervention | ||||||
6 | service authorized by an intervention license are DUI | ||||||
7 | Evaluation, DUI Risk Education, Designated Program, Harm | ||||||
8 | Reduction Program, and Recovery Homes for persons in any | ||||||
9 | stage of recovery from a substance use or gambling | ||||||
10 | disorder. Harm reduction programs may include overdose | ||||||
11 | prevention sites and services. Overdose prevention sites | ||||||
12 | and services are under the Harm Reduction category of | ||||||
13 | intervention licensure which may be issued if and when | ||||||
14 | legal authorization is adopted to allow for these services | ||||||
15 | and upon adoption of administrative or funding rules that | ||||||
16 | govern the delivery of the services.
| ||||||
17 | The Department may, under procedures established by rule | ||||||
18 | and upon a showing
of good cause for such, exempt off-site | ||||||
19 | services from having to obtain a
separate license for services | ||||||
20 | conducted away from the provider's licensed location.
| ||||||
21 | (Source: P.A. 100-759, eff. 1-1-19 .)
| ||||||
22 | (20 ILCS 301/20-5)
| ||||||
23 | Sec. 20-5. Development of statewide prevention system.
| ||||||
24 | (a) The Department shall develop and implement a | ||||||
25 | comprehensive, statewide,
community-based strategy to reduce |
| |||||||
| |||||||
1 | substance use and gambling disorders and prevent the misuse of | ||||||
2 | illegal and legal drugs by persons of all ages, and to prevent | ||||||
3 | the use of
alcohol by minors. The system created to implement | ||||||
4 | this strategy shall be
based on the premise that coordination | ||||||
5 | among and integration between all
community and governmental | ||||||
6 | systems will facilitate effective and efficient
program | ||||||
7 | implementation and utilization of existing resources.
| ||||||
8 | (b) The statewide system developed under this Section may | ||||||
9 | be adopted by administrative rule or funded as a grant award | ||||||
10 | condition and shall be responsible
for:
| ||||||
11 | (1) Providing programs and technical assistance to | ||||||
12 | improve the ability of
Illinois communities and schools to | ||||||
13 | develop, implement and evaluate prevention
programs.
| ||||||
14 | (2) Initiating and fostering continuing cooperation | ||||||
15 | among the Department,
Department-funded prevention | ||||||
16 | programs, other community-based prevention
providers and | ||||||
17 | other State, regional, or local systems or agencies that | ||||||
18 | have an interest
in substance use disorder prevention.
| ||||||
19 | (c) In developing, implementing, and advocating for this | ||||||
20 | statewide strategy and system, the
Department may engage in, | ||||||
21 | but shall not be limited to, the following
activities:
| ||||||
22 | (1) Establishing and conducting programs to provide | ||||||
23 | awareness and
knowledge of the nature and extent of | ||||||
24 | substance use and gambling disorders and their effect on | ||||||
25 | individuals, families, and communities.
| ||||||
26 | (2) Conducting or providing prevention skill building |
| |||||||
| |||||||
1 | or education through
the use of structured experiences.
| ||||||
2 | (3) Developing, supporting, and advocating with new | ||||||
3 | and existing local community coalitions or
| ||||||
4 | neighborhood-based grassroots networks using action | ||||||
5 | planning and collaborative
systems to initiate change | ||||||
6 | regarding substance use and gambling disorders in
their | ||||||
7 | communities.
| ||||||
8 | (4) Encouraging, supporting, and advocating for | ||||||
9 | programs and activities that emphasize
alcohol-free and | ||||||
10 | other drug-free lifestyles.
| ||||||
11 | (5) Drafting and implementing efficient plans for the | ||||||
12 | use of available
resources to address issues of substance | ||||||
13 | use disorder prevention.
| ||||||
14 | (6) Coordinating local programs of alcoholism and | ||||||
15 | other drug abuse
education and prevention.
| ||||||
16 | (7) Encouraging the development of local advisory | ||||||
17 | councils.
| ||||||
18 | (d) In providing leadership to this system, the Department | ||||||
19 | shall take into
account, wherever possible, the needs and | ||||||
20 | requirements of local communities.
The Department shall also | ||||||
21 | involve, wherever possible, local communities in its
statewide | ||||||
22 | planning efforts. These planning efforts shall include, but | ||||||
23 | shall
not be limited to, in cooperation with local community | ||||||
24 | representatives and
Department-funded agencies, the analysis | ||||||
25 | and application of results of local
needs assessments, as well | ||||||
26 | as a process for the integration of an evaluation
component |
| |||||||
| |||||||
1 | into the system. The results of this collaborative planning | ||||||
2 | effort
shall be taken into account by the Department in making | ||||||
3 | decisions regarding the
allocation of prevention resources.
| ||||||
4 | (e) Prevention programs funded in whole or in part by the | ||||||
5 | Department shall
maintain staff whose skills, training, | ||||||
6 | experiences and cultural awareness
demonstrably match the | ||||||
7 | needs of the people they are serving.
| ||||||
8 | (f) The Department may delegate the functions and | ||||||
9 | activities described in
subsection (c) of this Section to | ||||||
10 | local, community-based providers.
| ||||||
11 | (Source: P.A. 100-759, eff. 1-1-19 .)
| ||||||
12 | (20 ILCS 301/25-5)
| ||||||
13 | Sec. 25-5. Establishment of comprehensive treatment | ||||||
14 | system. The
Department shall develop, fund and implement a | ||||||
15 | comprehensive, statewide,
community-based system for the | ||||||
16 | provision of early intervention,
treatment, and recovery | ||||||
17 | support services for persons suffering from substance use or | ||||||
18 | gambling disorders. The system created under this Section | ||||||
19 | shall be based on the
premise that coordination among and | ||||||
20 | integration between all community and
governmental systems | ||||||
21 | will facilitate effective and efficient program
implementation | ||||||
22 | and utilization of existing resources.
| ||||||
23 | (Source: P.A. 100-759, eff. 1-1-19 .)
| ||||||
24 | (20 ILCS 301/25-10)
|
| |||||||
| |||||||
1 | Sec. 25-10. Promulgation of regulations. The Department | ||||||
2 | shall adopt
regulations for licensure, certification for | ||||||
3 | Medicaid reimbursement, and to identify evidence-based best | ||||||
4 | practice criteria that can be utilized for intervention and | ||||||
5 | treatment services, taking into consideration
available | ||||||
6 | resources and facilities, for the purpose of early and | ||||||
7 | effective
treatment of substance use and gambling disorders.
| ||||||
8 | (Source: P.A. 100-759, eff. 1-1-19 .)
| ||||||
9 | (20 ILCS 301/30-5)
| ||||||
10 | Sec. 30-5. Patients' rights established.
| ||||||
11 | (a) For purposes of this Section, "patient" means any | ||||||
12 | person who is
receiving or has received early intervention, | ||||||
13 | treatment, or other recovery support services under
this Act | ||||||
14 | or any category of service licensed as "intervention" under | ||||||
15 | this Act.
| ||||||
16 | (b) No patient shall be deprived of any rights, benefits,
| ||||||
17 | or privileges guaranteed by law, the Constitution of the | ||||||
18 | United States of
America, or the Constitution of the State of | ||||||
19 | Illinois solely because of his
or her status as a patient.
| ||||||
20 | (c) Persons who have substance use or gambling disorders | ||||||
21 | who are
also suffering from medical conditions shall not be | ||||||
22 | discriminated against in
admission or treatment by any | ||||||
23 | hospital that receives support in any form supported in whole | ||||||
24 | or in part by funds appropriated to any State
department or | ||||||
25 | agency.
|
| |||||||
| |||||||
1 | (d) Every patient shall have impartial access to services | ||||||
2 | without regard to
race, religion, sex, ethnicity, age, sexual | ||||||
3 | orientation, gender identity, marital status, or other | ||||||
4 | disability.
| ||||||
5 | (e) Patients shall be permitted the free exercise of | ||||||
6 | religion.
| ||||||
7 | (f) Every patient's personal dignity shall be recognized | ||||||
8 | in the provision
of services, and a patient's personal privacy | ||||||
9 | shall be assured and protected
within the constraints of his | ||||||
10 | or her individual treatment.
| ||||||
11 | (g) Treatment services shall be provided in the least | ||||||
12 | restrictive
environment possible.
| ||||||
13 | (h) Each patient receiving treatment services shall be | ||||||
14 | provided an individual treatment plan, which
shall be | ||||||
15 | periodically reviewed and updated as mandated by | ||||||
16 | administrative rule.
| ||||||
17 | (i) Treatment shall be person-centered, meaning that every | ||||||
18 | patient shall be permitted to participate in the planning of | ||||||
19 | his
or her total care and medical treatment to the extent that | ||||||
20 | his or her condition permits.
| ||||||
21 | (j) A person shall not be denied treatment solely because | ||||||
22 | he or she has withdrawn
from treatment against medical advice | ||||||
23 | on a prior occasion or had prior treatment episodes.
| ||||||
24 | (k) The patient in residential treatment shall be | ||||||
25 | permitted visits by family and
significant others, unless such | ||||||
26 | visits are clinically contraindicated.
|
| |||||||
| |||||||
1 | (l) A patient in residential treatment shall be allowed to | ||||||
2 | conduct private telephone
conversations with family and | ||||||
3 | friends unless clinically contraindicated.
| ||||||
4 | (m) A patient in residential treatment shall be permitted | ||||||
5 | to send and receive mail without
hindrance, unless clinically | ||||||
6 | contraindicated.
| ||||||
7 | (n) A patient shall be permitted to manage his or her own | ||||||
8 | financial affairs unless
the patient or the patient's | ||||||
9 | guardian, or if the patient is a minor, the patient's parent, | ||||||
10 | authorizes
another competent person to do so.
| ||||||
11 | (o) A patient shall be permitted to request the opinion of | ||||||
12 | a consultant at
his or her own expense, or to request an | ||||||
13 | in-house review of a treatment plan, as
provided in the | ||||||
14 | specific procedures of the provider. A treatment provider is
| ||||||
15 | not liable for the negligence of any consultant.
| ||||||
16 | (p) Unless otherwise prohibited by State or federal law, | ||||||
17 | every patient
shall be permitted to obtain from his or her own | ||||||
18 | physician, the treatment provider, or
the treatment provider's | ||||||
19 | consulting physician complete and current information
| ||||||
20 | concerning the nature of care, procedures, and treatment that | ||||||
21 | he or she will receive.
| ||||||
22 | (q) A patient shall be permitted to refuse to participate | ||||||
23 | in any
experimental research or medical procedure without | ||||||
24 | compromising his or her access to
other, non-experimental | ||||||
25 | services. Before a patient is placed in an
experimental | ||||||
26 | research or medical procedure, the provider must first obtain |
| |||||||
| |||||||
1 | his
or her informed written consent or otherwise comply with | ||||||
2 | the federal requirements
regarding the protection of human | ||||||
3 | subjects contained in 45 CFR C.F.R.
Part 46.
| ||||||
4 | (r) All medical treatment and procedures shall be | ||||||
5 | administered as ordered
by a physician and in accordance with | ||||||
6 | all Department rules.
| ||||||
7 | (s) Every patient in treatment shall be permitted to | ||||||
8 | refuse medical treatment and to
know the consequences of such | ||||||
9 | action. Such refusal by a patient shall free the
treatment | ||||||
10 | licensee from the obligation to provide the treatment.
| ||||||
11 | (t) Unless otherwise prohibited by State or federal law, | ||||||
12 | every patient,
patient's guardian, or parent, if the patient | ||||||
13 | is a minor, shall be permitted to
inspect and copy all clinical | ||||||
14 | and other records kept by the intervention or treatment | ||||||
15 | licensee
or by his or her physician concerning his or her care | ||||||
16 | and maintenance. The licensee
or physician may charge a | ||||||
17 | reasonable fee for the duplication of a record.
| ||||||
18 | (u) No owner, licensee, administrator, employee, or agent | ||||||
19 | of a licensed intervention or treatment
program shall abuse or | ||||||
20 | neglect a patient. It is the duty of any individual who becomes | ||||||
21 | aware of such abuse or neglect to report it to
the Department | ||||||
22 | immediately.
| ||||||
23 | (v) The licensee may refuse access to any
person if the | ||||||
24 | actions of that person are or could be
injurious to the health | ||||||
25 | and safety of a patient or the licensee, or if the
person seeks | ||||||
26 | access for commercial purposes.
|
| |||||||
| |||||||
1 | (w) All patients admitted to community-based treatment | ||||||
2 | facilities shall be considered voluntary treatment patients | ||||||
3 | and such patients shall not be contained within a locked | ||||||
4 | setting.
| ||||||
5 | (x) Patients and their families or legal guardians shall | ||||||
6 | have the right to
present complaints to the provider or the | ||||||
7 | Department concerning the quality of care provided to the | ||||||
8 | patient,
without threat of discharge or reprisal in any form | ||||||
9 | or manner whatsoever. The complaint process and procedure | ||||||
10 | shall be adopted by the Department by rule. The
treatment | ||||||
11 | provider shall have in place a mechanism for receiving and | ||||||
12 | responding
to such complaints, and shall inform the patient | ||||||
13 | and the patient's family or legal
guardian of this mechanism | ||||||
14 | and how to use it. The provider shall analyze any
complaint | ||||||
15 | received and, when indicated, take appropriate corrective | ||||||
16 | action.
Every patient and his or her family member or legal | ||||||
17 | guardian who makes a complaint
shall receive a timely response | ||||||
18 | from the provider that substantively addresses
the complaint. | ||||||
19 | The provider shall inform the patient and the patient's family | ||||||
20 | or legal
guardian about other sources of assistance if the | ||||||
21 | provider has not resolved the
complaint to the satisfaction of | ||||||
22 | the patient or the patient's family or legal guardian.
| ||||||
23 | (y) A patient may refuse to perform labor at a program | ||||||
24 | unless such labor
is a part of the patient's individual | ||||||
25 | treatment plan as documented in the patient's clinical
record.
| ||||||
26 | (z) A person who is in need of services may apply for |
| |||||||
| |||||||
1 | voluntary admission
in the manner and with the rights provided | ||||||
2 | for under
regulations promulgated by the Department. If a | ||||||
3 | person is refused admission, then staff, subject to rules
| ||||||
4 | promulgated by the Department, shall refer the person to | ||||||
5 | another facility or to other appropriate services.
| ||||||
6 | (aa) No patient shall be denied services based solely on | ||||||
7 | HIV status.
Further, records and information governed by the | ||||||
8 | AIDS Confidentiality Act and
the AIDS Confidentiality and | ||||||
9 | Testing Code (77 Ill. Adm. Code 697) shall be
maintained in | ||||||
10 | accordance therewith.
| ||||||
11 | (bb) Records of the identity, diagnosis, prognosis or | ||||||
12 | treatment of any
patient maintained in connection with the | ||||||
13 | performance of any service or
activity relating to substance | ||||||
14 | use or gambling disorder education, early
intervention, | ||||||
15 | intervention, training, or treatment that is
regulated, | ||||||
16 | authorized, or directly or indirectly assisted by any | ||||||
17 | Department or
agency of this State or under any provision of | ||||||
18 | this Act shall be confidential
and may be disclosed only in | ||||||
19 | accordance with the provisions of federal law and
regulations | ||||||
20 | concerning the confidentiality of substance use disorder | ||||||
21 | patient
records as contained in 42 U.S.C. Sections 290dd-2 and | ||||||
22 | 42 CFR C.F.R.
Part 2, or any successor federal statute or | ||||||
23 | regulation.
| ||||||
24 | (1) The following are exempt from the confidentiality | ||||||
25 | protections set
forth in 42 CFR C.F.R. Section 2.12(c):
| ||||||
26 | (A) Veteran's Administration records.
|
| |||||||
| |||||||
1 | (B) Information obtained by the Armed Forces.
| ||||||
2 | (C) Information given to qualified service | ||||||
3 | organizations.
| ||||||
4 | (D) Communications within a program or between a | ||||||
5 | program and an entity
having direct administrative | ||||||
6 | control over that program.
| ||||||
7 | (E) Information given to law enforcement personnel | ||||||
8 | investigating a
patient's commission of a crime on the | ||||||
9 | program premises or against program
personnel.
| ||||||
10 | (F) Reports under State law of incidents of | ||||||
11 | suspected child abuse and
neglect; however, | ||||||
12 | confidentiality restrictions continue to
apply to the | ||||||
13 | records and any follow-up information for disclosure | ||||||
14 | and use in
civil or criminal proceedings arising from | ||||||
15 | the report of suspected abuse or
neglect.
| ||||||
16 | (2) If the information is not exempt, a disclosure can | ||||||
17 | be made only under
the following circumstances:
| ||||||
18 | (A) With patient consent as set forth in 42 CFR | ||||||
19 | C.F.R. Sections 2.1(b)(1)
and 2.31, and as consistent | ||||||
20 | with pertinent State law.
| ||||||
21 | (B) For medical emergencies as set forth in 42 CFR | ||||||
22 | C.F.R. Sections
2.1(b)(2) and 2.51.
| ||||||
23 | (C) For research activities as set forth in 42 CFR | ||||||
24 | C.F.R. Sections
2.1(b)(2) and 2.52.
| ||||||
25 | (D) For audit evaluation activities as set forth | ||||||
26 | in 42 CFR C.F.R. Section
2.53.
|
| |||||||
| |||||||
1 | (E) With a court order as set forth in 42 CFR | ||||||
2 | C.F.R. Sections 2.61 through
2.67.
| ||||||
3 | (3) The restrictions on disclosure and use of patient | ||||||
4 | information apply
whether the holder of the information | ||||||
5 | already has it, has other means of
obtaining it, is a law | ||||||
6 | enforcement or other official, has obtained a subpoena,
or | ||||||
7 | asserts any other justification for a disclosure or use | ||||||
8 | that is not
permitted by 42 CFR C.F.R. Part 2. Any court | ||||||
9 | orders authorizing disclosure of
patient records under | ||||||
10 | this Act must comply with the procedures and criteria set
| ||||||
11 | forth in 42 CFR C.F.R. Sections 2.64 and 2.65. Except as | ||||||
12 | authorized by a court
order granted under this Section, no | ||||||
13 | record referred to in this Section may be
used to initiate | ||||||
14 | or substantiate any charges against a patient or to | ||||||
15 | conduct
any investigation of a patient.
| ||||||
16 | (4) The prohibitions of this subsection shall apply to | ||||||
17 | records concerning
any person who has been a patient, | ||||||
18 | regardless of whether or when the person ceases to
be a | ||||||
19 | patient.
| ||||||
20 | (5) Any person who discloses the content of any record | ||||||
21 | referred to in this
Section except as authorized shall, | ||||||
22 | upon conviction, be guilty of a Class A
misdemeanor.
| ||||||
23 | (6) The Department shall prescribe regulations to | ||||||
24 | carry out the purposes
of
this subsection. These | ||||||
25 | regulations may contain such definitions, and may
provide | ||||||
26 | for such safeguards and procedures, including procedures |
| |||||||
| |||||||
1 | and criteria
for the issuance and scope of court orders, | ||||||
2 | as in the judgment of the
Department are necessary or | ||||||
3 | proper to effectuate the purposes of this Section,
to | ||||||
4 | prevent circumvention or evasion thereof, or to facilitate | ||||||
5 | compliance
therewith.
| ||||||
6 | (cc) Each patient shall be given a written explanation of | ||||||
7 | all the rights
enumerated in this Section and a copy, signed by | ||||||
8 | the patient, shall be kept in every patient record. If a | ||||||
9 | patient is unable to read such written
explanation, it shall | ||||||
10 | be read to the patient in a language that the patient
| ||||||
11 | understands. A copy of all the rights enumerated in this | ||||||
12 | Section shall be
posted in a conspicuous place within the | ||||||
13 | program where it may readily be
seen and read by program | ||||||
14 | patients and visitors.
| ||||||
15 | (dd) The program shall ensure that its staff is familiar | ||||||
16 | with and observes
the rights and responsibilities enumerated | ||||||
17 | in this Section.
| ||||||
18 | (ee) Licensed organizations shall comply with the right of | ||||||
19 | any adolescent to consent to treatment without approval of the | ||||||
20 | parent or legal guardian in accordance with the Consent by | ||||||
21 | Minors to Health Care Services Medical Procedures Act. | ||||||
22 | (ff) At the point of admission for services, licensed | ||||||
23 | organizations must obtain written informed consent, as defined | ||||||
24 | in Section 1-10 and in administrative rule, from each client, | ||||||
25 | patient, or legal guardian. | ||||||
26 | (Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19; |
| |||||||
| |||||||
1 | revised 12-1-21.)
| ||||||
2 | (20 ILCS 301/35-5)
| ||||||
3 | Sec. 35-5. Services for pregnant women and mothers.
| ||||||
4 | (a) In order to promote a comprehensive, statewide and | ||||||
5 | multidisciplinary
approach to serving pregnant women and | ||||||
6 | mothers, including those who
are minors, and their children | ||||||
7 | who are affected by substance use or gambling disorders, the | ||||||
8 | Department shall have responsibility for an ongoing
exchange | ||||||
9 | of referral information among the following:
| ||||||
10 | (1) those who provide medical and social services to | ||||||
11 | pregnant women,
mothers and their children, whether or not | ||||||
12 | there exists evidence of a substance use or gambling | ||||||
13 | disorder. These include any other State-funded medical or | ||||||
14 | social services to pregnant women.
| ||||||
15 | (2) providers of treatment services to women affected | ||||||
16 | by substance use or gambling disorders.
| ||||||
17 | (b) (Blank).
| ||||||
18 | (c) (Blank).
| ||||||
19 | (d) (Blank).
| ||||||
20 | (e) (Blank).
| ||||||
21 | (f) The Department shall develop and maintain an updated | ||||||
22 | and comprehensive
directory of licensed providers that deliver | ||||||
23 | treatment and intervention services. The Department shall post | ||||||
24 | on its website a licensed provider directory updated at least | ||||||
25 | quarterly.
|
| |||||||
| |||||||
1 | (g) As a condition of any State grant or contract, the | ||||||
2 | Department shall
require that any treatment program for women | ||||||
3 | with substance use or gambling disorders provide services, | ||||||
4 | either
by its own staff or by agreement with other agencies or | ||||||
5 | individuals, which
include but need not be limited to the | ||||||
6 | following:
| ||||||
7 | (1) coordination with any program providing case
| ||||||
8 | management services to ensure ongoing monitoring and | ||||||
9 | coordination of services
after the addicted woman has | ||||||
10 | returned home.
| ||||||
11 | (2) coordination with medical services for individual | ||||||
12 | medical care of
pregnant women, including prenatal care | ||||||
13 | under the supervision of a
physician.
| ||||||
14 | (3) coordination with child care services.
| ||||||
15 | (h) As a condition of any State grant or contract, the | ||||||
16 | Department shall
require that any nonresidential program | ||||||
17 | receiving any funding for treatment
services accept women who | ||||||
18 | are pregnant, provided that such services are
clinically | ||||||
19 | appropriate. Failure to comply with this subsection shall | ||||||
20 | result in
termination of the grant or contract and loss of | ||||||
21 | State funding.
| ||||||
22 | (i)(1) From funds appropriated expressly for the purposes | ||||||
23 | of this Section,
the Department shall create or contract with | ||||||
24 | licensed, certified agencies to
develop a program for the care | ||||||
25 | and treatment of pregnant women,
mothers and their children. | ||||||
26 | The program shall be in Cook County in an
area of high density |
| |||||||
| |||||||
1 | population having a disproportionate number of
women with | ||||||
2 | substance use and other disorders and a high infant mortality | ||||||
3 | rate.
| ||||||
4 | (2) From funds appropriated expressly for the purposes of | ||||||
5 | this Section,
the
Department shall create or contract with | ||||||
6 | licensed, certified agencies to
develop a program for the care | ||||||
7 | and treatment of low income pregnant women. The
program shall | ||||||
8 | be located anywhere in the State outside of Cook County in an
| ||||||
9 | area of high density population having a disproportionate | ||||||
10 | number of low income
pregnant women.
| ||||||
11 | (3) In implementing the programs established under this | ||||||
12 | subsection, the
Department shall contract with existing | ||||||
13 | residential treatment or recovery homes in areas
having a | ||||||
14 | disproportionate number of women with substance use and other | ||||||
15 | disorders who
need residential treatment. Priority shall be | ||||||
16 | given to women who:
| ||||||
17 | (A) are pregnant, especially if they are intravenous | ||||||
18 | drug users,
| ||||||
19 | (B) have minor children,
| ||||||
20 | (C) are both pregnant and have minor children, or
| ||||||
21 | (D) are referred by medical personnel because they | ||||||
22 | either have given
birth
to a baby with a substance use | ||||||
23 | disorder, or will give birth to a baby
with a substance use | ||||||
24 | disorder.
| ||||||
25 | (4) The services provided by the programs shall include | ||||||
26 | but not be limited
to:
|
| |||||||
| |||||||
1 | (A) individual medical care, including prenatal care, | ||||||
2 | under the
supervision of a physician.
| ||||||
3 | (B) temporary, residential shelter for pregnant women, | ||||||
4 | mothers and
children when necessary.
| ||||||
5 | (C) a range of educational or counseling services.
| ||||||
6 | (D) comprehensive and coordinated social services, | ||||||
7 | including therapy groups for the treatment of substance | ||||||
8 | use disorders; family therapy groups; programs to develop | ||||||
9 | positive self-awareness;
parent-child therapy; and | ||||||
10 | residential support groups.
| ||||||
11 | (5) (Blank).
| ||||||
12 | (Source: P.A. 100-759, eff. 1-1-19 .)
| ||||||
13 | (20 ILCS 301/35-10)
| ||||||
14 | Sec. 35-10. Adolescent Family Life Program.
| ||||||
15 | (a) The General Assembly finds and declares the following:
| ||||||
16 | (1) In Illinois, a substantial number of babies are | ||||||
17 | born each year to
adolescent mothers between 12 and 19 | ||||||
18 | years of age.
| ||||||
19 | (2) A substantial percentage of pregnant adolescents | ||||||
20 | have substance use disorders or live in environments in | ||||||
21 | which substance use disorders occur and thus are at risk | ||||||
22 | of exposing
their infants to dangerous and harmful | ||||||
23 | circumstances.
| ||||||
24 | (3) It is difficult to provide substance use disorder | ||||||
25 | counseling for adolescents
in settings designed to serve |
| |||||||
| |||||||
1 | adults.
| ||||||
2 | (b) To address the findings set forth in subsection (a), | ||||||
3 | and subject to appropriation, the Department
may
establish and | ||||||
4 | fund treatment strategies to meet the developmental, social, | ||||||
5 | and educational
needs of high-risk pregnant adolescents and | ||||||
6 | shall do the
following:
| ||||||
7 | (1) To the maximum extent feasible and appropriate, | ||||||
8 | utilize existing
services and funding rather than create | ||||||
9 | new, duplicative services.
| ||||||
10 | (2) Include plans for coordination and collaboration | ||||||
11 | with existing
perinatal substance use disorder services.
| ||||||
12 | (3) Include goals and objectives for reducing the | ||||||
13 | incidence of high-risk
pregnant adolescents.
| ||||||
14 | (4) Be culturally and linguistically appropriate to | ||||||
15 | the population
being served.
| ||||||
16 | (5) Include staff development training by substance | ||||||
17 | use and other disorder counselors.
| ||||||
18 | As used in this Section, "high-risk pregnant adolescent" | ||||||
19 | means a person at
least 12
but not more than 18 years of age | ||||||
20 | with a substance use or other disorder who is pregnant.
| ||||||
21 | (c) (Blank).
| ||||||
22 | (Source: P.A. 100-759, eff. 1-1-19 .)
| ||||||
23 | (20 ILCS 301/50-40)
| ||||||
24 | Sec. 50-40. Group Home Loan Revolving Fund.
| ||||||
25 | (a) There is hereby established the Group Home Loan |
| |||||||
| |||||||
1 | Revolving Fund, referred
to in this Section as the "fund", to | ||||||
2 | be held as a separate fund within the
State Treasury. Monies in | ||||||
3 | this fund shall be appropriated to the Department on
a | ||||||
4 | continuing annual basis. With these funds, the Department | ||||||
5 | shall, directly or
through subcontract, make loans to assist | ||||||
6 | in underwriting the costs of housing
in which there may reside | ||||||
7 | individuals who are recovering from
substance use or gambling | ||||||
8 | disorders, and who are seeking an alcohol-free , gambling-free, | ||||||
9 | or drug-free
environment in which to live. Consistent with | ||||||
10 | federal law and regulation, the
Department may establish | ||||||
11 | guidelines for approving the use and management of monies | ||||||
12 | loaned
from the fund, the operation of group homes receiving | ||||||
13 | loans under this Section
and the repayment of monies loaned.
| ||||||
14 | (b) There shall be deposited into the fund such amounts | ||||||
15 | including, but not
limited to:
| ||||||
16 | (1) All receipts, including principal and interest | ||||||
17 | payments and royalties,
from any applicable loan agreement | ||||||
18 | made from the fund.
| ||||||
19 | (2) All proceeds of assets of whatever nature received | ||||||
20 | by the Department
as a result of default or delinquency | ||||||
21 | with respect to loan agreements made from
the fund, | ||||||
22 | including proceeds from the sale, disposal, lease or | ||||||
23 | rental of real
or personal property that the Department | ||||||
24 | may receive as a result thereof.
| ||||||
25 | (3) Any direct appropriations made by the General | ||||||
26 | Assembly, or any gifts
or grants made by any person to the |
| |||||||
| |||||||
1 | fund.
| ||||||
2 | (4) Any income received from interest on investments | ||||||
3 | of monies in the
fund.
| ||||||
4 | (c) The Treasurer may invest monies in the fund in | ||||||
5 | securities constituting
obligations of the United States | ||||||
6 | government, or in obligations the principal of
and interest on | ||||||
7 | which are guaranteed by the United States government, or in
| ||||||
8 | certificates of deposit of any State or national bank which | ||||||
9 | are fully secured
by obligations guaranteed as to principal | ||||||
10 | and interest by the United States
government.
| ||||||
11 | (Source: P.A. 100-759, eff. 1-1-19 .)
| ||||||
12 | (20 ILCS 301/55-30) | ||||||
13 | Sec. 55-30. Rate increase. | ||||||
14 | (a) The Department shall by rule develop the increased | ||||||
15 | rate methodology and annualize the increased rate beginning | ||||||
16 | with State fiscal year 2018 contracts to licensed providers of | ||||||
17 | community-based substance use and gambling disorders disorder | ||||||
18 | intervention or treatment, based on the additional amounts | ||||||
19 | appropriated for the purpose of providing a rate increase to | ||||||
20 | licensed providers. The Department shall adopt rules, | ||||||
21 | including emergency rules under subsection (y) of Section 5-45 | ||||||
22 | of the Illinois Administrative Procedure Act, to implement the | ||||||
23 | provisions of this Section.
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24 | (b) Within 30 days after June 4, 2018 (the effective date | ||||||
25 | of Public Act 100-587), the Division of Substance Use |
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1 | Prevention and Recovery shall apply an increase in rates of 3% | ||||||
2 | above the rate paid on June 30, 2017 to all Medicaid and | ||||||
3 | non-Medicaid reimbursable service rates. The Department shall | ||||||
4 | adopt rules, including emergency rules under subsection (bb) | ||||||
5 | of Section 5-45 of the Illinois Administrative Procedure Act, | ||||||
6 | to implement the provisions of this subsection (b). | ||||||
7 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | ||||||
8 | 100-759, eff. 1-1-19; 101-81, eff. 7-12-19.)
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9 | (20 ILCS 301/55-40) | ||||||
10 | Sec. 55-40. Recovery residences. | ||||||
11 | (a) As used in this Section, "recovery residence" means a | ||||||
12 | sober, safe, and healthy living environment that promotes | ||||||
13 | recovery from alcohol and other drug use and associated | ||||||
14 | problems. These residences are not subject to Department | ||||||
15 | licensure as they are viewed as independent living residences | ||||||
16 | that only provide peer support and a lengthened exposure to | ||||||
17 | the culture of recovery. | ||||||
18 | (b) The Department shall develop and maintain an online | ||||||
19 | registry for recovery residences that operate in Illinois to | ||||||
20 | serve as a resource for individuals seeking continued recovery | ||||||
21 | assistance. | ||||||
22 | (c) Non-licensable recovery residences are encouraged to | ||||||
23 | register with the Department and the registry shall be | ||||||
24 | publicly available through online posting. | ||||||
25 | (d) The registry shall indicate any accreditation, |
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1 | certification, or licensure that each recovery residence has | ||||||
2 | received from an entity that has developed uniform national | ||||||
3 | standards. The registry shall also indicate each recovery | ||||||
4 | residence's location in order to assist providers and | ||||||
5 | individuals in finding alcohol , gambling, and drug free | ||||||
6 | housing options with like-minded residents who are committed | ||||||
7 | to alcohol , gambling, and drug free living. | ||||||
8 | (e) Registrants are encouraged to seek national | ||||||
9 | accreditation from any entity that has developed uniform State | ||||||
10 | or national standards for recovery residences. | ||||||
11 | (f) The Department shall include a disclaimer on the | ||||||
12 | registry that states that the recovery residences are not | ||||||
13 | regulated by the Department and their listing is provided as a | ||||||
14 | resource but not as an endorsement by the State.
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15 | (Source: P.A. 100-1062, eff. 1-1-19; 101-81, eff. 7-12-19.)".
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