State of Illinois
2011 and 2012


Introduced 2/8/2012, by Rep. Greg Harris


20 ILCS 301/1-10
20 ILCS 301/5-10
20 ILCS 301/5-20
20 ILCS 301/10-10
20 ILCS 301/10-15
20 ILCS 301/10-25
20 ILCS 301/10-55
20 ILCS 301/15-10
20 ILCS 301/20-5
20 ILCS 301/25-5
20 ILCS 301/25-10
20 ILCS 301/25-20
20 ILCS 301/30-5
20 ILCS 301/35-5

    Amends the Alcoholism and Other Drug Abuse and Dependency Act. Makes changes to various provisions concerning the Department of Human Services' functions under the Act; reporting deadlines; licensure requirements; the development of a statewide prevention system; comprehensive treatment services; discrimination in health coverage and the provision of health care services; and other matters. Defines terms. Renames the Compulsive Gambling Program the Disordered Gambling Program. Effective immediately.

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HB5165LRB097 18265 KTG 63491 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Alcoholism and Other Drug Abuse and
5Dependency Act is amended by changing Sections 1-10, 5-5, 5-10,
65-20, 10-10, 10-15, 10-25, 10-55, 15-10, 20-5, 25-5, 25-10,
725-20, 30-5, and 35-5 as follows:
8    (20 ILCS 301/1-10)
9    Sec. 1-10. Definitions. As used in this Act, unless the
10context clearly indicates otherwise, the following words and
11terms have the following meanings:
12    "Act" means the Alcoholism and Other Drug Abuse and
13Dependency Act.
14    "Addict" means a person who exhibits the disease known as
16    "Addiction" means a disease process characterized by the
17continued use of a specific psycho-active substance despite
18physical, psychological or social harm. The term also describes
19the advanced stages of chemical dependency.
20    "Administrator" means a person responsible for
21administration of a program.
22    "Alcoholic" means a person who exhibits the disease known
23as "alcoholism".



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1    "Alcoholism" means a chronic and progressive disease or
2illness characterized by preoccupation with and loss of control
3over the consumption of alcohol, and the use of alcohol despite
4adverse consequences. Typically, combinations of the following
5tendencies are also present: periodic or chronic intoxication;
6physical disability; impaired emotional, occupational or
7social adjustment; tendency toward relapse; a detrimental
8effect on the individual, his family and society; psychological
9dependence; and physical dependence. Alcoholism is also known
10as addiction to alcohol. Alcoholism is described and further
11categorized in clinical detail in the DSM and the ICD.
12    "Array of services" means assistance to individuals,
13families and communities in response to alcohol or other drug
14abuse or dependency. The array of services includes, but is not
15limited to: prevention assistance for communities and schools;
16case finding, assessment and intervention to help individuals
17stop abusing alcohol or other drugs; case management;
18detoxification to aid individuals in physically withdrawing
19from alcohol or other drugs; short-term and long-term treatment
20and recovery support services to help individuals and family
21members begin the process of recovery; prescription and
22dispensing of the drug methadone or other medications as an
23adjunct to treatment; relapse prevention services;
24co-occurring mental health and substance use disorder
25treatment; education and counseling for children or other
26co-dependents of alcoholics or other drug abusers or addicts.



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1Such services may include telecounseling, telepsychiatry,
2computer based services, and other services provided with the
3aid of electronic technology.
4    "ASAM" means the American Society of Addiction Medicine, a
5professional organization for physicians who specialize in the
6treatment of addiction, and ASAM's Patient Placement Criteria
8    "Case management" means those services which will assist
9individuals in gaining access to needed social, educational,
10medical, treatment and other services.
11    "Children of alcoholics or drug addicts or abusers of
12alcohol and other drugs" means the minor or adult children of
13individuals who have abused or been dependent upon alcohol or
14other drugs. These children may or may not become dependent
15upon alcohol or other drugs themselves; however, they are
16physically, psychologically, and behaviorally at high risk of
17developing the illness. Children of alcoholics and other drug
18abusers experience emotional and other problems, and benefit
19from prevention and treatment services provided by funded and
20non-funded agencies licensed by the Department.
21    "Coalitions" means a formal arrangement for cooperation
22and collaboration among groups or sectors of a community, in
23which each group retains its identity, but all agree to work
24together toward a common goal of building a safe, healthy, and
25drug-free community.
26    "Co-dependents" means individuals who are involved in the



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1lives of and are affected by people who are dependent upon
2alcohol and other drugs. Co-dependents compulsively engage in
3behaviors that cause them to suffer adverse physical,
4emotional, familial, social, behavioral, vocational, and legal
5consequences as they attempt to cope with the alcohol or drug
6dependent person. People who become co-dependents include
7spouses, parents, siblings, and friends of alcohol or drug
8dependent people. Co-dependents benefit from prevention and
9treatment services provided by agencies licensed by the
11    "Controlled substance" means any substance or immediate
12precursor which is enumerated in the schedules of Article II of
13the Illinois Controlled Substances Act or the Cannabis Control
15    "Crime of violence" means any of the following crimes:
16murder, voluntary manslaughter, criminal sexual assault,
17aggravated criminal sexual assault, predatory criminal sexual
18assault of a child, armed robbery, robbery, arson, kidnapping,
19aggravated battery, aggravated arson, or any other felony which
20involves the use or threat of physical force or violence
21against another individual.
22    "Department" means the Illinois Department of Human
23Services as successor to the former Department of Alcoholism
24and Substance Abuse.
25    "Designated program" means a program designated by the
26Department to provide services described in subsection (c) or



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1(d) of Section 15-10 of this Act. A designated program's
2primary function is screening, assessing, referring and
3tracking clients identified by the criminal justice system, and
4the program agrees to apply statewide the standards, uniform
5criteria and procedures established by the Department pursuant
6to such designation.
7    "Detoxification" means the process of allowing an
8individual to safely withdraw from a drug in a controlled
10    "DSM" means the most current edition of the Diagnostic and
11Statistical Manual of Mental Disorders.
12    "D.U.I." means driving under the influence of alcohol or
13other substances which may cause impairment of driving ability.
14    "Facility" means the building or premises which are used
15for the provision of licensable program services, including
16support services, as set forth by rule.
17    "ICD" means the most current edition of the International
18Classification of Diseases.
19    "Incapacitated" means that a person is unconscious or
20otherwise exhibits, by overt behavior or by extreme physical
21debilitation, an inability to care for his own needs or to
22recognize the obvious danger of his situation or to make
23rational decisions with respect to his need for treatment.
24    "Intermediary person" means a person with expertise
25relative to addiction, alcoholism, and the abuse of alcohol or
26other drugs who may be called on to assist the police in



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1carrying out enforcement or other activities with respect to
2persons who abuse or are dependent on alcohol or other drugs.
3    "Intervention" means readily accessible activities which
4assist individuals and their partners or family members in
5coping with the immediate problems of alcohol and other drug
6abuse or dependency, and in reducing their alcohol and other
7drug use. Intervention can facilitate emotional and social
8stability, and involves referring people for further treatment
9as needed.
10    "Intoxicated person" means a person whose mental or
11physical functioning is substantially impaired as a result of
12the current effects of alcohol or other drugs within the body.
13    "Local advisory council" means an alcohol and substance
14abuse body established in a county, township or community area,
15which represents public and private entities having an interest
16in the prevention and treatment of alcoholism or other drug
18    "Off-site services" means licensable program services or
19activities which are conducted at a location separate from the
20primary service location of the provider, and which services
21are operated by a program or entity licensed under this Act.
22    "Person" means any individual, firm, group, association,
23partnership, corporation, trust, government or governmental
24subdivision or agency.
25    "Prevention" means an interactive process of individuals,
26families, schools, religious organizations, communities and



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1regional, state and national organizations to reduce
2alcoholism, prevent and eliminate the use of alcohol by minors,
3prevent the use of illegal drugs and the abuse of legal drugs
4by persons of all ages, prevent the use of alcohol by minors,
5build the capacities of individuals and systems, and promote
6healthy environments, lifestyles, and behaviors.
7    "Program" means a licensable or fundable activity or
8service, or a coordinated range of such activities or services,
9as the Department may establish by rule.
10    "Recovery" means the long-term, often life-long, process
11in which an addicted person changes the way in which he makes
12decisions and establishes personal and life priorities. The
13evolution of this decision-making and priority-setting process
14is generally manifested by an obvious improvement in the
15individual's life and lifestyle and by his overcoming the abuse
16of or dependence on alcohol or other drugs. Recovery is also
17generally manifested by prolonged periods of abstinence from
18addictive chemicals which are not medically supervised.
19Recovery is the goal of treatment.
20    "Recovery support" means an organized recovery maintenance
21service, delivered in a wide variety of settings, for
22individuals (adult or adolescent) with a substance use disorder
23diagnosis who are either in treatment or have been discharged
24from treatment. Recovery Support services are designed to
25support an individual's recovery. These services may be
26provided directly to the individual in one-on-one or group



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1settings; or they may be provided on behalf of the individual
2to assist them in obtaining services that will support their
3recovery. The length and frequency of such services varies
4according to the individual's needs. Examples of such services
5include, but are not limited to: recovery support groups;
6individual recovery checkups; follow-up contacts; and recovery
7support service coordination which might include
8transportation and assistance in obtaining services to meet
9substance abuse treatment, health, employment, education,
10legal, housing, and other needs.
11    "Rehabilitation" means a process whereby those clinical
12services necessary and appropriate for improving an
13individual's life and lifestyle and for overcoming his or her
14abuse of or dependency upon alcohol or other drugs, or both,
15are delivered in an appropriate setting and manner as defined
16in rules established by the Department.
17    "Relapse" means a process which is manifested by a
18progressive pattern of behavior that reactivates the symptoms
19of a disease or creates debilitating conditions in an
20individual who has experienced remission from addiction or
22    "Secretary" means the Secretary of Human Services or his or
23her designee.
24    "Substance abuse" or "abuse" shall have the meaning set
25forth in the most current edition of the Diagnostic and
26Statistical Manual (DSM), published by the American



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1Psychiatric Association. means a pattern of use of alcohol or
2other drugs with the potential of leading to immediate
3functional problems or to alcoholism or other drug dependency,
4or to the use of alcohol and/or other drugs solely for purposes
5of intoxication. The term also means the use of illegal drugs
6by persons of any age, and the use of alcohol by persons under
7the age of 21.
8    "Substance use disorder" shall have the meaning set forth
9in the most current edition of the Diagnostic and Statistical
10Manual (DSM), published by the American Psychiatric
12    "Treatment" means the broad range of emergency,
13outpatient, intermediate, and sub-acute inpatient or
14residential services and care (including assessment,
15diagnosis, medical, psychiatric, psychological and social
16services, care and counseling, and aftercare) which may be
17extended to individuals who abuse or are dependent on alcohol
18or other drugs or families of those persons.
19(Source: P.A. 89-202, eff. 7-21-95; 89-428, eff. 12-13-95;
2089-462, eff. 5-29-96; 89-507, eff. 7-1-97; 90-14, eff. 7-1-97;
2190-135, eff. 7-22-97.)
22    (20 ILCS 301/5-10)
23    Sec. 5-10. Functions of the Department.
24    (a) In addition to the powers, duties and functions vested
25in the Department by this Act, or by other laws of this State,



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1the Department shall carry out the following activities:
2        (1) Design, coordinate, and sufficiently fund a
3    comprehensive and coordinated community-based and
4    culturally and gender-appropriate array of services
5    throughout the State for the prevention, intervention,
6    treatment and rehabilitation of alcohol and other drug
7    abuse and dependency that is accessible and addresses the
8    needs of at-risk or addicted individuals and their
9    families.
10        (2) Act as the exclusive State agency to accept,
11    receive and expend, pursuant to appropriation, any public
12    or private monies, grants or services, including those
13    received from the federal government or from other State
14    agencies, for the purpose of providing an array of services
15    for the prevention, intervention, treatment and
16    rehabilitation of alcoholism or other drug abuse or
17    dependency. Monies received by the Department shall be
18    deposited into appropriate funds as may be created by State
19    law or administrative action.
20        (3) Coordinate a statewide strategy among State
21    agencies for the prevention, intervention, treatment and
22    rehabilitation of alcohol and other drug abuse and
23    dependency. This strategy shall include the development of
24    an annual comprehensive State plan for the provision of an
25    array of services for education, prevention, intervention,
26    treatment, relapse prevention and other services and



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1    activities to alleviate alcoholism and other drug abuse and
2    dependency. The plan shall be based on local
3    community-based needs and upon data including, but not
4    limited to, that which defines the prevalence of and costs
5    associated with the abuse of and dependency upon alcohol
6    and other drugs. This comprehensive State plan shall
7    include identification of problems, needs, priorities,
8    services and other pertinent information, including the
9    needs of minorities and other specific populations in the
10    State, and shall describe how the identified problems and
11    needs will be addressed. For purposes of this paragraph,
12    the term "minorities and other specific populations" may
13    include, but shall not be limited to, groups such as women,
14    children, intravenous drug users, persons with AIDS or who
15    are HIV infected, African-Americans, Puerto Ricans,
16    Hispanics, Asian Americans, the elderly, persons in the
17    criminal justice system, persons who are clients of
18    services provided by other State agencies, persons with
19    disabilities and such other specific populations as the
20    Department may from time to time identify. In developing
21    the plan, the Department shall seek input from providers,
22    the Illinois Alcoholism and Drug Dependence Association,
23    the Community Behavioral Healthcare Association of
24    Illinois, parent groups, associations, and interested
25    citizens.
26        Beginning with State fiscal year 1996, the annual



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1    comprehensive State plan developed under this Section
2    shall include an explanation of the rationale to be used in
3    ensuring that funding shall be based upon local community
4    needs, including, but not limited to, the incidence and
5    prevalence of, and costs associated with, the abuse of and
6    dependency upon alcohol and other drugs, as well as upon
7    demonstrated program performance.
8        The annual comprehensive State plan developed under
9    this Section shall contain a report detailing the
10    activities of and progress made by the programs for the
11    care and treatment of addicted pregnant women, addicted
12    mothers and their children established under subsection
13    (j) of Section 35-5 of this Act.
14        Each State agency which provides or funds alcohol or
15    drug prevention, intervention and treatment services shall
16    annually prepare an agency plan for providing such
17    services, and these shall be used by the Department in
18    preparing the annual comprehensive statewide plan. Each
19    agency's annual plan for alcohol and drug abuse services
20    shall contain a report on the activities and progress of
21    such services in the prior year. The Department may provide
22    technical assistance to other State agencies, as required,
23    in the development of their agency plans.
24        (4) Lead, foster and develop cooperation, coordination
25    and agreements among federal and State governmental
26    agencies and local providers that provide assistance,



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1    services, funding or other functions, peripheral or
2    direct, in the prevention, intervention, treatment or
3    rehabilitation of alcoholism and other drug abuse and
4    dependency. This shall include, but shall not be limited
5    to, the following:
6            (A) Cooperate with and assist the Department of
7        Corrections and the Department on Aging in
8        establishing and conducting programs relating to
9        alcoholism and other drug abuse and dependency among
10        those populations which they respectively serve.
11            (B) Cooperate with and assist the Illinois
12        Department of Public Health in the establishment,
13        funding and support of programs and services for the
14        promotion of maternal and child health and the
15        prevention and treatment of infectious diseases,
16        including but not limited to HIV infection, especially
17        with respect to those persons who may abuse drugs by
18        intravenous injection, or may have been sexual
19        partners of drug abusers, or may have abused substances
20        so that their immune systems are impaired, causing them
21        to be at high risk.
22            (C) Supply to the Department of Public Health and
23        prenatal care providers a list of all alcohol and other
24        drug abuse service providers for addicted pregnant
25        women in this State.
26            (D) Assist in the placement of child abuse or



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1        neglect perpetrators (identified by the Illinois
2        Department of Children and Family Services) who have
3        been determined to be in need of alcohol or other drug
4        abuse services pursuant to Section 8.2 of the Abused
5        and Neglected Child Reporting Act.
6            (E) Cooperate with and assist the Illinois
7        Department of Children and Family Services in carrying
8        out its mandates to:
9                (i) identify alcohol and other drug abuse
10            issues among its clients and their families; and
11                (ii) develop programs and services to deal
12            with such problems.
13        These programs and services may include, but shall not
14        be limited to, programs to prevent the abuse of alcohol
15        or other drugs by DCFS clients and their families,
16        rehabilitation services, identifying child care needs
17        within the array of alcohol and other drug abuse
18        services, and assistance with other issues as
19        required.
20            (F) Cooperate with and assist the Illinois
21        Criminal Justice Information Authority with respect to
22        statistical and other information concerning drug
23        abuse incidence and prevalence.
24            (G) Cooperate with and assist the State
25        Superintendent of Education, boards of education,
26        schools, police departments, the Illinois Department



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1        of State Police, courts and other public and private
2        agencies and individuals in establishing prevention
3        programs statewide and preparing curriculum materials
4        for use at all levels of education. An agreement shall
5        be entered into with the State Superintendent of
6        Education to assist in the establishment of such
7        programs.
8            (H) Cooperate with and assist the Illinois
9        Department of Healthcare and Family Services in the
10        development and provision of services offered to
11        recipients of public assistance for the treatment and
12        prevention of alcoholism and other drug abuse and
13        dependency.
14            (I) Provide training recommendations to other
15        State agencies funding alcohol or other drug abuse
16        prevention, intervention, treatment or rehabilitation
17        services.
18        (5) From monies appropriated to the Department from the
19    Drunk and Drugged Driving Prevention Fund, make grants to
20    reimburse DUI evaluation and remedial education programs
21    licensed by the Department for the costs of providing
22    indigent persons with free or reduced-cost services
23    relating to a charge of driving under the influence of
24    alcohol or other drugs.
25        (6) Promulgate regulations to provide appropriate
26    standards for publicly and privately funded programs as



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1    well as for levels of payment to government funded programs
2    which provide an array of services for prevention,
3    intervention, treatment and rehabilitation for alcoholism
4    and other drug abuse or dependency.
5        (7) In consultation with local service providers and
6    applicable trade associations, specify a uniform
7    statistical methodology for use by agencies,
8    organizations, individuals, and the Department for
9    collection and dissemination of statistical information
10    regarding services related to alcoholism and other drug use
11    and abuse. This shall include prevention services
12    delivered, the number of persons treated, frequency of
13    admission and readmission, and duration of treatment.
14        (8) Receive data and assistance from federal, State and
15    local governmental agencies, and obtain copies of
16    identification and arrest data from all federal, State and
17    local law enforcement agencies for use in carrying out the
18    purposes and functions of the Department.
19        (9) Designate and license providers to conduct
20    screening, assessment, referral and tracking of clients
21    identified by the criminal justice system as having
22    indications of alcoholism or other drug abuse or dependency
23    and being eligible to make an election for treatment under
24    Section 40-5 of this Act, and assist in the placement of
25    individuals who are under court order to participate in
26    treatment.



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1        (10) Designate medical examination and other programs
2    for determining alcoholism and other drug abuse and
3    dependency.
4        (11) Encourage service providers who receive financial
5    assistance in any form from the State to assess and collect
6    fees for services rendered.
7        (12) Make grants with funds appropriated from the Drug
8    Treatment Fund in accordance with Section 7 of the
9    Controlled Substance and Cannabis Nuisance Act, or in
10    accordance with Section 80 of the Methamphetamine Control
11    and Community Protection Act, or in accordance with
12    subsections (h) and (i) of Section 411.2 of the Illinois
13    Controlled Substances Act.
14        (13) Encourage all health and disability insurance
15    programs to include alcoholism and other drug abuse and
16    dependency as a covered illness.
17        (14) Make such agreements, grants-in-aid and
18    purchase-care arrangements with any other department,
19    authority or commission of this State, or any other state
20    or the federal government or with any public or private
21    agency, including the disbursement of funds and furnishing
22    of staff, to effectuate the purposes of this Act.
23        (15) Conduct a public information campaign to inform
24    the State's Hispanic residents regarding the prevention
25    and treatment of alcoholism.
26    (b) In addition to the powers, duties and functions vested



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1in it by this Act, or by other laws of this State, the
2Department may undertake, but shall not be limited to, the
3following activities:
4        (1) Require all programs funded by the Department to
5    include an education component to inform participants
6    regarding the causes and means of transmission and methods
7    of reducing the risk of acquiring or transmitting HIV
8    infection, and to include funding for such education
9    component in its support of the program.
10        (2) Review all State agency applications for federal
11    funds which include provisions relating to the prevention,
12    early intervention and treatment of alcoholism and other
13    drug abuse and dependency in order to ensure consistency
14    with the comprehensive statewide plan developed pursuant
15    to this Act.
16        (3) In conjunction with any public or private agency,
17    prepare Prepare, publish, evaluate, disseminate, and serve
18    as a central repository for educational materials dealing
19    with the nature and effects of alcoholism and other drug
20    abuse and dependency. Such materials may deal with the
21    educational needs of the citizens of Illinois, and may
22    include at least pamphlets which describe the causes and
23    effects of Fetal Alcohol Spectrum Disorders (FASD) fetal
24    alcohol syndrome, which the Department may distribute free
25    of charge to each county clerk in sufficient quantities
26    that the county clerk may provide a pamphlet to the



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1    recipients of all marriage licenses issued in the county.
2        (4) Develop and coordinate, with regional and local
3    agencies, education and training programs for persons
4    engaged in providing the array of services for persons
5    having alcoholism or other drug abuse and dependency
6    problems, which programs may include specific HIV
7    education and training for program personnel.
8        (5) Cooperate with and assist in the development of
9    education, prevention and treatment programs for employees
10    of State and local governments and businesses in the State.
11        (6) Utilize the support and assistance of interested
12    persons in the community, including recovering addicts and
13    alcoholics, to assist individuals and communities in
14    understanding the dynamics of addiction, and to encourage
15    individuals with alcohol or other drug abuse or dependency
16    problems to voluntarily undergo treatment.
17        (7) Promote, conduct, assist or sponsor basic
18    clinical, epidemiological and statistical research into
19    alcoholism and other drug abuse and dependency, and
20    research into the prevention of those problems either
21    solely or in conjunction with any public or private agency.
22        (8) Cooperate with public and private agencies,
23    organizations and individuals in the development of
24    programs, and to provide technical assistance and
25    consultation services for this purpose.
26        (9) Publish or provide for the publishing of a manual



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1    to assist medical and social service providers in
2    identifying alcoholism and other drug abuse and dependency
3    and coordinating the multidisciplinary delivery of
4    services to addicted pregnant women, addicted mothers and
5    their children. The manual may be used only to provide
6    information and may not be used by the Department to
7    establish practice standards. The Department may not
8    require recipients to use specific providers nor may they
9    require providers to refer recipients to specific
10    providers. The manual may include, but need not be limited
11    to, the following:
12            (A) Information concerning risk assessments of
13        women seeking prenatal, natal, and postnatal medical
14        care.
15            (B) Information concerning risk assessments of
16        infants who may be substance-affected.
17            (C) Protocols that have been adopted by the
18        Illinois Department of Children and Family Services
19        for the reporting and investigation of allegations of
20        child abuse or neglect under the Abused and Neglected
21        Child Reporting Act.
22            (D) Summary of procedures utilized in juvenile
23        court in cases of children alleged or found to be
24        abused or neglected as a result of being born to
25        addicted women.
26            (E) Information concerning referral of addicted



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1        pregnant women, addicted mothers and their children by
2        medical, social service, and substance abuse treatment
3        providers, by the Departments of Children and Family
4        Services, Healthcare and Family Services Public Aid,
5        Public Health, and Human Services.
6            (F) Effects of substance abuse on infants and
7        guidelines on the symptoms, care, and comfort of
8        drug-withdrawing infants.
9            (G) Responsibilities of the Illinois Department of
10        Public Health to maintain statistics on the number of
11        children in Illinois addicted at birth.
12        (10) To the extent permitted by federal law or
13    regulation, establish and maintain a clearinghouse and
14    central repository for the development and maintenance of a
15    centralized data collection and dissemination system and a
16    management information system for all alcoholism and other
17    drug abuse prevention, early intervention and treatment
18    services.
19        (11) Fund, promote or assist programs, services,
20    demonstrations or research dealing with addictive or
21    habituating behaviors detrimental to the health of
22    Illinois citizens.
23        (12) With monies appropriated from the Group Home Loan
24    Revolving Fund, make loans, directly or through
25    subcontract, to assist in underwriting the costs of housing
26    in which individuals recovering from alcohol or other drug



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1    abuse or dependency may reside in groups of not less than 6
2    persons, pursuant to Section 50-40 of this Act.
3        (13) Promulgate such regulations as may be necessary
4    for the administration of grants or to otherwise carry out
5    the purposes and enforce the provisions of this Act.
6        (14) Fund programs to help parents be effective in
7    preventing substance abuse by building an awareness of
8    drugs and alcohol and the family's role in preventing abuse
9    through adjusting expectations, developing new skills, and
10    setting positive family goals. The programs shall include,
11    but not be limited to, the following subjects: healthy
12    family communication; establishing rules and limits; how
13    to reduce family conflict; how to build self-esteem,
14    competency, and responsibility in children; how to improve
15    motivation and achievement; effective discipline; problem
16    solving techniques; and how to talk about drugs and
17    alcohol. The programs shall be open to all parents.
18(Source: P.A. 94-556, eff. 9-11-05; 95-331, eff. 8-21-07.)
19    (20 ILCS 301/5-20)
20    Sec. 5-20. Disordered Compulsive gambling program.
21    (a) Subject to appropriation, the Department shall
22establish a program for public education, research, and
23training regarding disordered problem and compulsive gambling
24and the treatment and prevention of disordered problem and
25compulsive gambling.



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1    (b) Disordered gambling shall have the meaning set forth in
2the most current edition of the Diagnostic and Statistical
3Manual (DSM), published by the American Psychiatric
5    Subject to specific appropriation for these stated
6purposes, the program must include all of the following:
7        (1) Establishment and maintenance of a toll-free "800"
8    telephone number to provide crisis counseling and referral
9    services to families experiencing difficulty as a result of
10    problem or disordered compulsive gambling.
11        (2) Promotion of public awareness regarding the
12    recognition and prevention of problem and disordered
13    compulsive gambling.
14        (3) Facilitation, through in-service training and
15    other means, of the availability of effective assistance
16    programs for problem and disordered compulsive gamblers.
17        (4) Conducting studies to identify adults and
18    juveniles in this State who are, or who are at risk of
19    becoming, problem or disordered compulsive gamblers.
20    (b) Subject to appropriation, the Department shall either
21establish and maintain the program or contract with a private
22or public entity for the establishment and maintenance of the
23program. Subject to appropriation, either the Department or the
24private or public entity shall implement the toll-free
25telephone number, promote public awareness, and conduct
26in-service training concerning problem and disordered



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1compulsive gambling.
2    (c) Subject to appropriation, the Department shall produce
3and supply the signs specified in Section 10.7 of the Illinois
4Lottery Law, Section 34.1 of the Illinois Horse Racing Act of
51975, Section 4.3 of the Bingo License and Tax Act, Section 8.1
6of the Charitable Games Act, and Section 13.1 of the Riverboat
7Gambling Act.
8    (d) The Department shall fund programs for the treatment of
9disordered gambling within the available funds appropriated by
10the General Assembly and approved by the Governor.
11(Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)
12    (20 ILCS 301/10-10)
13    Sec. 10-10. Powers and duties of the Council. The Council
15        (a) Advise the Department on ways to encourage public
16    understanding and support of the Department's programs.
17        (b) Advise the Department on regulations and licensure
18    proposed by the Department.
19        (c) Advise the Department in the formulation,
20    preparation and implementation of the comprehensive State
21    plan for prevention, intervention, treatment and relapse
22    prevention of alcoholism and other drug abuse and
23    dependency.
24        (d) Advise the Department on implementation of
25    alcoholism and other drug abuse and dependency education



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1    and prevention programs throughout the State.
2        (e) By January 1, 2011 1995, and by January 1 of every
3    third year thereafter, in cooperation with entities
4    including but not limited to the Advisory Council and the
5    Committee on Women's Alcohol and Substance Abuse
6    Treatment, submit to the Governor and General Assembly a
7    planning document, specific to Illinois' female
8    population. The document shall contain, but need not be
9    limited to, interagency information concerning the types
10    of services funded, the client population served, the
11    support services available and provided during the
12    preceding 3 year period, and the goals, objectives,
13    proposed methods of achievement, client projections and
14    cost estimate for the upcoming 3 year period. The document
15    may include, if deemed necessary and appropriate,
16    recommendations regarding the reorganization of the
17    Department to enhance and increase prevention, treatment,
18    and recovery support services available to sufficiently
19    meet 15% of the annual need as defined by annual studies
20    published by the U.S. Department of Health and Human
21    Services women.
22        (f) Perform other duties as requested by the Secretary.
23        (g) Advise the Department in the planning,
24    development, and coordination of programs among all
25    agencies and departments of State government, including
26    programs to reduce alcoholism and drug addiction, prevent



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1    the use of illegal drugs and abuse of legal drugs by
2    persons of all ages, and prevent the use of alcohol by
3    minors.
4        (h) Promote and encourage participation by the private
5    sector, including business, industry, labor, and the
6    media, in programs to prevent alcoholism and other drug
7    abuse and dependency.
8        (i) Encourage the implementation of programs to
9    prevent alcoholism and other drug abuse and dependency in
10    the public and private schools and educational
11    institutions, including establishment of alcoholism and
12    other drug abuse and dependency programs.
13        (j) Gather information, conduct hearings, and make
14    recommendations to the Secretary concerning additions,
15    deletions, or rescheduling of substances under the
16    Illinois Controlled Substances Act.
17        (k) Report annually to the General Assembly regarding
18    the activities and recommendations made by the Council.
19    With the advice and consent of the Secretary, the presiding
20officer shall annually appoint a Special Committee on
21Licensure, which shall advise the Secretary on particular cases
22on which the Department intends to take action that is adverse
23to an applicant or license holder, and shall review an annual
24report submitted by the Secretary summarizing all licensure
25sanctions imposed by the Department.
26(Source: P.A. 94-1033, eff. 7-1-07.)



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1    (20 ILCS 301/10-15)
2    Sec. 10-15. Qualification and appointment of members. The
3membership of the Illinois Advisory Council shall consist of:
4        (a) A State's Attorney designated by the President of
5    the Illinois State's Attorneys Association.
6        (b) A judge designated by the Chief Justice of the
7    Illinois Supreme Court.
8        (c) A Public Defender appointed by the President of the
9    Illinois Public Defenders Association.
10        (d) A local law enforcement officer appointed by the
11    Governor.
12        (e) A labor representative appointed by the Governor.
13        (f) An educator appointed by the Governor.
14        (g) A physician licensed to practice medicine in all
15    its branches appointed by the Governor with due regard for
16    the appointee's knowledge of the field of alcoholism and
17    other drug abuse and dependency.
18        (h) 4 members of the Illinois House of Representatives,
19    2 each appointed by the Speaker and Minority Leader.
20        (i) 4 members of the Illinois Senate, 2 each appointed
21    by the President and Minority Leader.
22        (j) The Chief Executive Officer President of the
23    Illinois Alcoholism and Drug Dependence Association or his
24    or her designee.
25        (k) An advocate for the needs of youth appointed by the



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1    Governor.
2        (l) The President of the Illinois State Medical Society
3    or his or her designee.
4        (m) The President of the Illinois Hospital Association
5    or his or her designee.
6        (n) The President of the Illinois Nurses Association or
7    a registered nurse designated by the President.
8        (o) The President of the Illinois Pharmacists
9    Association or a licensed pharmacist designated by the
10    President.
11        (p) The President of the Illinois Chapter of the
12    Association of Labor Management Administrators and
13    Consultants on Alcoholism.
14        (p-1) The President of the Community Behavioral
15    Healthcare Association of Illinois or his or her designee.
16        (q) The Attorney General or his or her designee.
17        (r) The State Comptroller or his or her designee.
18        (s) 20 public members, 8 appointed by the Governor, 3
19    of whom shall be representatives of alcoholism or other
20    drug abuse and dependency treatment programs and one of
21    whom shall be a representative of a manufacturer or
22    importing distributor of alcoholic liquor licensed by the
23    State of Illinois, and 3 public members appointed by each
24    of the President and Minority Leader of the Senate and the
25    Speaker and Minority Leader of the House.
26        (t) The Director, Secretary, or other chief



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1    administrative officer, ex officio, or his or her designee,
2    of each of the following: the Department on Aging, the
3    Department of Children and Family Services, the Department
4    of Corrections, the Department of Juvenile Justice, the
5    Department of Healthcare and Family Services, the
6    Department of Revenue, the Department of Public Health, the
7    Department of Financial and Professional Regulation, the
8    Department of State Police, the Administrative Office of
9    the Illinois Courts, the Criminal Justice Information
10    Authority, and the Department of Transportation.
11        (u) Each of the following, ex officio, or his or her
12    designee: the Secretary of State, the State Superintendent
13    of Education, and the Chairman of the Board of Higher
14    Education.
15    The public members may not be officers or employees of the
16executive branch of State government; however, the public
17members may be officers or employees of a State college or
18university or of any law enforcement agency. In appointing
19members, due consideration shall be given to the experience of
20appointees in the fields of medicine, law, prevention,
21correctional activities, and social welfare. Vacancies in the
22public membership shall be filled for the unexpired term by
23appointment in like manner as for original appointments, and
24the appointive members shall serve until their successors are
25appointed and have qualified. Vacancies among the public
26members appointed by the legislative leaders shall be filled by



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1the leader of the same house and of the same political party as
2the leader who originally appointed the member.
3    Each non-appointive member may designate a representative
4to serve in his place by written notice to the Department. All
5General Assembly members shall serve until their respective
6successors are appointed or until termination of their
7legislative service, whichever occurs first. The terms of
8office for each of the members appointed by the Governor shall
9be for 3 years, except that of the members first appointed, 3
10shall be appointed for a term of one year, and 4 shall be
11appointed for a term of 2 years. The terms of office of each of
12the public members appointed by the legislative leaders shall
13be for 2 years.
14(Source: P.A. 94-1033, eff. 7-1-07.)
15    (20 ILCS 301/10-25)
16    Sec. 10-25. Powers and duties of the Committee. The
17Committee shall have the following powers and duties:
18        (a) To advise the Council and the Secretary in the
19    development of intervention, prevention and treatment
20    objectives and standards, educational and outreach
21    programs, and support services specific to the needs of
22    women.
23        (b) To advise the Council and the Secretary in the
24    formulation, preparation and implementation of a State
25    plan for intervention, prevention and treatment of



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1    alcoholism and other drug abuse and dependency targeted to
2    women.
3        (c) To advise the Council and the Secretary regarding
4    strategies to enhance service delivery to women.
5        (d) To advise the Council and the Secretary in the
6    development and implementation of a State plan, in
7    conjunction with the Department of Children and Family
8    Services, to provide child care services, at no or low
9    cost, to addicted mothers with children who are receiving
10    substance abuse treatment services.
11        (e) By January December 1, 1994, and by January
12    December 1 of every third year thereafter, to prepare and
13    submit to the Council for approval a planning document
14    specific to Illinois' female population. The document
15    shall contain, but need not be limited to, interagency
16    information concerning the types of services funded, the
17    client population served, the support services available
18    and provided during the preceding 3 year period, and the
19    goals, objectives, proposed methods of achievement, client
20    projections and cost estimate for the upcoming 3 year
21    period. The document may include, if deemed necessary and
22    appropriate, recommendations regarding the reorganization
23    of the Department to enhance and increase prevention,
24    treatment and support services available to women.
25        (f) perform other duties as requested by the Council or
26    the Secretary.



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1(Source: P.A. 88-80; 89-507, eff. 7-1-97.)
2    (20 ILCS 301/10-55)
3    Sec. 10-55. Medical Advisory Committee. The Secretary
4shall appoint a Medical Advisory Committee to the Department,
5consisting of up to 15 physicians licensed to practice medicine
6in all of its branches in Illinois who shall serve in an
7advisory capacity to the Secretary. The membership of the
8Medical Advisory Committee shall reasonably reflect
9representation from the geographic areas and the range of
10alcoholism and other drug abuse and dependency service
11providers in the State. In making appointments, the Secretary
12shall give consideration to recommendations made by the
13Illinois State Medical Society, the Illinois Society of
14Addiction Medicine, and other appropriate professional
15organizations. All appointments shall be made with regard to
16the interest and expertise of the individual with regard to
17alcoholism and other drug abuse and dependency services. At a
18minimum, those appointed to the Committee shall include
19representatives of Board-certified psychiatrists,
20community-based and hospital-based alcoholism or other drug
21dependency treatment programs, and Illinois medical schools.
22    Members shall serve 3-year terms and until their successors
23are appointed and qualified, except that of the initial
24appointments, one-third of the members shall be appointed for
25one year, one-third shall be appointed for 2 years, and



HB5165- 33 -LRB097 18265 KTG 63491 b

1one-third shall be appointed for 3 years and until their
2successors are appointed and qualified. Appointments to fill
3vacancies shall be made in the same manner as the original
4appointments, for the unexpired portion of the vacated term.
5Initial terms shall begin on January 1, 1994. Members shall
6elect a chairperson annually from among their membership.
7(Source: P.A. 88-80; 89-507, eff. 7-1-97.)
8    (20 ILCS 301/15-10)
9    Sec. 15-10. Licensure categories. No person or program may
10provide the services or conduct the activities described in
11this Section without first obtaining a license therefor from
12the Department. The Department shall, by rule, provide
13licensure requirements, including, but not limited to, for each
14of the following categories of service:
15        (a) Residential treatment for alcoholism and other
16    drug dependency, sub-acute inpatient treatment, clinically
17    managed or medically monitored detoxification, and
18    residential extended care (formerly halfway house).
19        (b) Outpatient treatment for alcoholism and other drug
20    abuse and dependency.
21        (c) The screening, assessment, referral, and or
22    tracking of clients identified by the criminal justice
23    system as having indications of alcoholism or other drug
24    abuse or dependency.
25        (d) D.U.I. evaluation services for Illinois courts and



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1    the Secretary of State.
2        (e) D.U.I. remedial education services for Illinois
3    courts or the Secretary of State.
4        (f) Recovery home services for persons in early
5    recovery from substance abuse or for persons who have
6    recently completed or who may still be receiving substance
7    abuse treatment services.
8    With respect to substance use disorders, coverage for
9inpatient treatment shall include coverage for treatment in a
10sub-acute inpatient residential treatment center licensed by
11the Department.
12    The Department may, under procedures established by rule
13and upon a showing of good cause for such, exempt off-site
14services from having to obtain a separate license for services
15conducted away from the provider's primary service location.
16(Source: P.A. 94-1033, eff. 7-1-07.)
17    (20 ILCS 301/20-5)
18    Sec. 20-5. Development of statewide prevention system.
19    (a) The Department shall develop and implement a
20comprehensive, statewide, community-based strategy to reduce
21alcoholism and alcohol abuse, prevent the use of illegal drugs
22and the abuse of legal drugs by persons of all ages, and to
23prevent the use of alcohol by minors. The system created to
24implement this strategy shall be based on the premise that
25coordination among and integration between all community and



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1governmental systems will facilitate effective and efficient
2program implementation and utilization of existing resources.
3    (b) The statewide system developed under this Section shall
4be responsible for:
5        (1) providing programs and technical assistance to
6    improve the ability of Illinois communities and schools to
7    develop, implement and evaluate prevention programs.
8        (2) initiating and fostering continuing cooperation
9    among the Department, Department-funded prevention
10    programs, other community-based prevention providers and
11    other State, regional, or local systems or agencies which
12    have an interest in alcohol and other drug use or abuse
13    prevention.
14    (c) In developing, and implementing, and advocating for
15this statewide strategy and system, the Department may engage
16in, but shall not be limited to, the following activities:
17        (1) establishing and conducting programs to provide
18    awareness and knowledge of the nature and extent of alcohol
19    and other drug use, abuse and dependency and their effects
20    on individuals, families and communities.
21        (2) conducting or providing prevention skill building
22    or education through the use of structured experiences.
23        (3) developing, or supporting, and advocating with new
24    and existing local community coalitions or
25    neighborhood-based grassroots networks using action
26    planning and collaborative systems to initiate change



HB5165- 36 -LRB097 18265 KTG 63491 b

1    regarding alcohol and other drug use and abuse in their
2    community.
3        (4) encouraging, and supporting, and advocating for
4    programs and activities that emphasize alcohol and other
5    drug-free lifestyles socialization.
6        (5) drafting and implementing efficient plans for the
7    use of available resources to address issues of alcohol and
8    other drug abuse prevention.
9        (6) coordinating local programs of alcoholism, alcohol
10    abuse, and other drug abuse education and prevention.
11        (7) encouraging the development of local advisory
12    councils.
13        (8) encouraging and supporting programs, practices,
14    policies, and activities that emphasize environmental
15    strategies impacting norms, availability, and regulations
16    around alcohol and other drug abuse.
17    (d) In providing leadership to this system, the Department
18shall take into account, wherever possible, the needs and
19requirements of local communities. The Department shall also
20involve, wherever possible, local communities in its statewide
21planning efforts. These planning efforts shall include, but
22shall not be limited to, in cooperation with local community
23representatives and Department-funded agencies, the analysis
24and application of results of local needs assessments, as well
25as a process for the integration of an evaluation component
26into the system. The results of this collaborative planning



HB5165- 37 -LRB097 18265 KTG 63491 b

1effort shall be taken into account by the Department in making
2decisions regarding the allocation of prevention resources.
3    (e) Prevention programs funded in whole or in part by the
4Department shall maintain staff whose skills, training,
5experiences and cultural awareness demonstrably match the
6needs of the people they are serving.
7    (f) The Department may delegate the functions and
8activities described in subsection (c) of this Section to
9local, community-based providers.
10(Source: P.A. 88-80.)
11    (20 ILCS 301/25-5)
12    Sec. 25-5. Establishment of comprehensive treatment
13system. The Department shall develop, fund, and implement a
14comprehensive, statewide, community-based system for the
15provision of a full array of intervention, treatment, and
16recovery support aftercare for persons suffering from alcohol
17and other drug abuse and dependency. The system created under
18this Section shall be based on the premise that coordination
19among and integration between all community and governmental
20systems will facilitate effective and efficient program
21implementation and utilization of existing resources.
22(Source: P.A. 88-80.)
23    (20 ILCS 301/25-10)
24    Sec. 25-10. Promulgation of regulations. The Department



HB5165- 38 -LRB097 18265 KTG 63491 b

1shall adopt regulations for the licensure of programs
2acceptance of persons for treatment, taking into consideration
3available resources and facilities, for the purpose of early
4and effective treatment of alcoholism and other drug abuse and
6(Source: P.A. 88-80.)
7    (20 ILCS 301/25-20)
8    Sec. 25-20. Applicability of patients' rights. All persons
9who are receiving or who have received intervention, treatment,
10or recovery support aftercare services under this Act shall be
11afforded those rights enumerated in Article 30.
12(Source: P.A. 88-80.)
13    (20 ILCS 301/30-5)
14    Sec. 30-5. Patients' rights established.
15    (a) For purposes of this Section, "patient" means any
16person who is receiving or has received intervention,
17treatment, or recovery support aftercare services under this
19    (b) No patient who is receiving or who has received
20intervention, treatment, or recovery support aftercare
21services under this Act shall be deprived of any rights,
22benefits, or privileges guaranteed by law, the Constitution of
23the United States of America, or the Constitution of the State
24of Illinois solely because of his status as a patient of a



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2    (c) Persons who abuse or are dependent on alcohol or other
3drugs who are also suffering from medical conditions shall not
4be discriminated against in admission or treatment by any
5hospital which receives support in any form from any program
6supported in whole or in part by funds appropriated to any
7State department or agency, or by any health plan or health
8insurer required to comply with the federal parity requirements
9or the State parity requirements set forth in the Illinois
10Insurance Code.
11    (d) Every patient shall have impartial access to services
12without regard to race, religion, sex, ethnicity, age, sexual
13orientation, marital status, or handicap.
14    (e) Patients shall be permitted the free exercise of
16    (e-5) Nondiscrimination.
17        (1) Discrimination in health coverage. It shall be
18    unlawful for any health plan or health insurance program to
19    use records described in subsection (bb) of this Section to
20    deny or condition the issuance or effectiveness of a plan,
21    policy, or coverage (including the imposition of any
22    exclusion of benefits under the plan, policy, or coverage
23    based on a preexisting condition) or to discriminate in the
24    pricing of the plan, policy, or coverage (including
25    adjusting the premium rates) of an individual on the basis
26    of the contents of such records.



HB5165- 40 -LRB097 18265 KTG 63491 b

1        (2) Discrimination in the provision of health care
2    services. It shall be unlawful for any health care provider
3    to deny access to or discriminate in the provision of
4    medically necessary health care services to an individual
5    who is the subject of a record described in subsection (a)
6    of this Section on the basis of the contents of such
7    record. Nothing in this subsection is intended to require a
8    health care provider to deliver a service which is
9    clinically inappropriate or which the health care provider
10    does not ordinarily provide to the general public. Nor is
11    anything in this Section intended to prevent a substance
12    abuse recovery program, residential program, or other
13    program from conditioning access to and continuing
14    participation in the program on maintenance of sobriety or
15    non-possession of alcohol or drugs.
16    (f) Every patient's personal dignity shall be recognized in
17the provision of services, and a patient's personal privacy
18shall be assured and protected within the constraints of his
19individual treatment plan.
20    (g) Treatment services shall be provided in the least
21restrictive environment possible.
22    (h) Each patient shall be provided an individual treatment
23plan, which shall be periodically reviewed and updated as
25    (i) Every patient shall be permitted to participate in the
26planning of his total care and medical treatment to the extent



HB5165- 41 -LRB097 18265 KTG 63491 b

1that his condition permits.
2    (j) A person shall not be denied treatment solely because
3he has withdrawn from treatment against medical advice on a
4prior occasion or because he has relapsed after earlier
5treatment or, when in medical crisis, because of inability to
7    (k) The patient in treatment shall be permitted visits by
8family and significant others, unless such visits are
9clinically contraindicated.
10    (l) A patient in treatment shall be allowed to conduct
11private telephone conversations with family and friends unless
12clinically contraindicated.
13    (m) A patient shall be permitted to send and receive mail
14without hindrance, unless clinically contraindicated.
15    (n) A patient shall be permitted to manage his own
16financial affairs unless he or his guardian, or if the patient
17is a minor, his parent, authorizes another competent person to
18do so.
19    (o) A patient shall be permitted to request the opinion of
20a consultant at his own expense, or to request an in-house
21review of a treatment plan, as provided in the specific
22procedures of the provider. A treatment provider is not liable
23for the negligence of any consultant.
24    (p) Unless otherwise prohibited by State or federal law,
25every patient shall be permitted to obtain from his own
26physician, the treatment provider or the treatment provider's



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1consulting physician complete and current information
2concerning the nature of care, procedures and treatment which
3he will receive.
4    (q) A patient shall be permitted to refuse to participate
5in any experimental research or medical procedure without
6compromising his access to other, non-experimental services.
7Before a patient is placed in an experimental research or
8medical procedure, the provider must first obtain his informed
9written consent or otherwise comply with the federal
10requirements regarding the protection of human subjects
11contained in 45 C.F.R. Part 46.
12    (r) All medical treatment and procedures shall be
13administered as ordered by a physician. In order to assure
14compliance by the treatment program with all physician orders,
15all new physician orders shall be reviewed by the treatment
16program's staff within a reasonable period of time after such
17orders have been issued. "Medical treatment and procedures"
18means those services that can be ordered only by a physician
19licensed to practice medicine in all of its branches in
21    (s) Every patient shall be permitted to refuse medical
22treatment and to know the consequences of such action. Such
23refusal by a patient shall free the treatment program from the
24obligation to provide the treatment.
25    (t) Unless otherwise prohibited by State or federal law,
26every patient, patient's guardian, or parent, if the patient is



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1a minor, shall be permitted to inspect and copy all clinical
2and other records kept by the treatment program or by his
3physician concerning his care and maintenance. The treatment
4program or physician may charge a reasonable fee for the
5duplication of a record.
6    (u) No owner, licensee, administrator, employee, or agent
7of a treatment program shall abuse or neglect a patient. If
8staff is aware of abuse of a client, then it is their duty to
9report abuse consistent with State and federal statutes. It is
10the duty of any program employee or agent who becomes aware of
11such abuse or neglect to report it to the Department
13    (v) The administrator of a program may refuse access to the
14program to any person if the actions of that person while in
15the program are or could be injurious to the health and safety
16of a patient or the program, or if the person seeks access to
17the program for commercial purposes.
18    (v-5) All patients admitted to community-based treatment
19facilities shall be considered voluntary treatment patients
20and such patients will not be contained within a locked
22    (w) When possible, upon receipt of the patient's request,
23the provider shall work with a patient to be discharged to
24develop a post-treatment or aftercare plan. Should the patient
25be unavailable or refuse, this information shall be documented
26in the client's record. A patient may be discharged from a



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1program after he gives the administrator written notice of his
2desire to be discharged or upon completion of his prescribed
3course of treatment. No patient shall be discharged or
4transferred without the preparation of a post-treatment
5aftercare plan by the program.
6    (x) Patients and their families or legal guardians shall
7have the right to present complaints concerning the quality of
8care provided to the patient, without threat of discharge or
9reprisal in any form or manner whatsoever. The treatment
10provider shall have in place a mechanism for receiving and
11responding to such complaints, and shall inform the patient and
12his family or legal guardian of this mechanism and how to use
13it. The provider shall analyze any complaint received and, when
14indicated, take appropriate corrective action. Every patient
15and his family member or legal guardian who makes a complaint
16shall receive a timely response from the provider which
17substantively addresses the complaint. The provider shall
18inform the patient and his family or legal guardian about other
19sources of assistance if the provider has not resolved the
20complaint to the satisfaction of the patient or his family or
21legal guardian.
22    (y) A resident may refuse to perform labor at a program
23unless such labor is a part of his individual treatment program
24as documented in his clinical record.
25    (z) A person who is in need of treatment may apply for
26voluntary admission to a treatment program in the manner and



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1with the rights provided for under regulations promulgated by
2the Department. If a person is refused admission to a licensed
3treatment program, the staff of the program, subject to rules
4promulgated by the Department, shall refer the person to
5another treatment or other appropriate program.
6    (aa) No patient shall be denied services based solely on
7HIV status. Further, records and information governed by the
8AIDS Confidentiality Act and the AIDS Confidentiality and
9Testing Code (77 Ill. Adm. Code 697) shall be maintained in
10accordance therewith.
11    (bb) Records of the identity, diagnosis, prognosis or
12treatment of any patient maintained in connection with the
13performance of any program or activity relating to alcohol or
14other drug abuse or dependency education, early intervention,
15intervention, training, treatment or rehabilitation which is
16regulated, authorized, or directly or indirectly assisted by
17any Department or agency of this State or under any provision
18of this Act shall be confidential and may be disclosed only in
19accordance with the provisions of federal law and regulations
20concerning the confidentiality of alcohol and drug abuse
21patient records as contained in 42 U.S.C. Section 290dd-2
22Sections 290dd-3 and 290ee-3 and 42 C.F.R. Part 2.
23        (1) The following are exempt from the confidentiality
24    protections set forth in 42 C.F.R. Section 2.12(c):
25            (A) Veteran's Administration records.
26            (B) Information obtained by the Armed Forces.



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1            (C) Information given to qualified service
2        organizations.
3            (D) Communications within a program or between a
4        program and an entity having direct administrative
5        control over that program.
6            (E) Information given to law enforcement personnel
7        investigating a patient's commission of a crime on the
8        program premises or against program personnel.
9            (F) Reports under State law of incidents of
10        suspected child abuse and neglect; however,
11        confidentiality restrictions continue to apply to the
12        records and any follow-up information for disclosure
13        and use in civil or criminal proceedings arising from
14        the report of suspected abuse or neglect.
15        Notwithstanding the foregoing, the program's
16        cooperation with the Department of Children and Family
17        Services by allowing access to the patient involved in
18        the mandated report or to staff members for interviews,
19        shall be deemed part of the mandated reporting
20        responsibilities under State law and permissible for
21        disclosure under 42 C.F.R. Part 2.
22        (2) If the information is not exempt, a disclosure can
23    be made only under the following circumstances:
24            (A) With patient consent as set forth in 42 C.F.R.
25        Sections 2.1(b)(1) and 2.31, and as consistent with
26        pertinent State law.



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1            (B) For medical emergencies as set forth in 42
2        C.F.R. Sections 2.1(b)(2) and 2.51.
3            (C) For research activities as set forth in 42
4        C.F.R. Sections 2.1(b)(2) and 2.52.
5            (D) For audit evaluation activities as set forth in
6        42 C.F.R. Section 2.53.
7            (E) With a court order as set forth in 42 C.F.R.
8        Sections 2.61 through 2.67.
9        (3) The restrictions on disclosure and use of patient
10    information apply whether the holder of the information
11    already has it, has other means of obtaining it, is a law
12    enforcement or other official, has obtained a subpoena, or
13    asserts any other justification for a disclosure or use
14    which is not permitted by 42 C.F.R. Part 2. Any court
15    orders authorizing disclosure of patient records under
16    this Act must comply with the procedures and criteria set
17    forth in 42 C.F.R. Sections 2.64 and 2.65. Except as
18    authorized by a court order granted under this Section, no
19    record referred to in this Section may be used to initiate
20    or substantiate any charges against a patient or to conduct
21    any investigation of a patient.
22        (4) The prohibitions of this subsection shall apply to
23    records concerning any person who has been a patient,
24    regardless of whether or when he ceases to be a patient.
25        (5) Any person who discloses the content of any record
26    referred to in this Section except as authorized shall,



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1    upon conviction, be guilty of a Class A misdemeanor.
2        (6) The Department shall prescribe regulations to
3    carry out the purposes of this subsection. These
4    regulations may contain such definitions, and may provide
5    for such safeguards and procedures, including procedures
6    and criteria for the issuance and scope of court orders, as
7    in the judgment of the Department are necessary or proper
8    to effectuate the purposes of this Section, to prevent
9    circumvention or evasion thereof, or to facilitate
10    compliance therewith.
11    (cc) Each patient shall be given a written explanation of
12all the rights enumerated in this Section. If a patient is
13unable to read such written explanation, it shall be read to
14the patient in a language that the patient understands. A copy
15of all the rights enumerated in this Section shall be posted in
16a conspicuous place within the program where it may readily be
17seen and read by program patients and visitors.
18    (dd) The program shall ensure that its staff is familiar
19with and observes the rights and responsibilities enumerated in
20this Section.
21(Source: P.A. 90-655, eff. 7-30-98.)
22    (20 ILCS 301/35-5)
23    Sec. 35-5. Services for pregnant women and mothers.
24    (a) In order to promote a comprehensive, statewide and
25multidisciplinary approach to serving addicted pregnant women



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1and mothers, including those who are minors, and their children
2who are affected by alcoholism and other drug abuse or
3dependency, the Department shall have responsibility for an
4ongoing exchange of referral information, as set forth in
5subsections (b) and (c) of this Section, among the following:
6        (1) those who provide medical and social services to
7    pregnant women, mothers and their children, whether or not
8    there exists evidence of alcoholism or other drug abuse or
9    dependency. These include providers in the Healthy
10    Moms/Healthy Kids program, the Drug Free Families With a
11    Future program, the Parents Too Soon program, and any other
12    State-funded medical or social service programs which
13    provide services to pregnant women.
14        (2) providers of treatment services to women affected
15    by alcoholism or other drug abuse or dependency.
16    (b) The Department may, in conjunction with the Departments
17of Children and Family Services, Public Health, and Healthcare
18and Family Services Public Aid, develop and maintain an updated
19and comprehensive list of medical and social service providers
20by geographic region. The Department may periodically send this
21comprehensive list of medical and social service providers to
22all providers of treatment for alcoholism and other drug abuse
23and dependency, identified under subsection (f) of this
24Section, so that appropriate referrals can be made. The
25Department shall obtain the specific consent of each provider
26of services before publishing, distributing, verbally making



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1information available for purposes of referral, or otherwise
2publicizing the availability of services from a provider. The
3Department may make information concerning availability of
4services available to recipients, but may not order require
5recipients to specific sources of care.
6    (c) The Department may, on an ongoing basis, keep all
7medical and social service providers identified under
8subsection (b) of this Section informed about any relevant
9changes in any laws relating to alcoholism and other drug abuse
10and dependency, about services that are available from any
11State agencies for addicted pregnant women and addicted mothers
12and their children, and about any other developments that the
13Department finds to be informative.
14    (d) All providers of treatment for alcoholism and other
15drug abuse and dependency may receive information from the
16Department on the availability of services under the Drug Free
17Families with a Future or any comparable program providing case
18management services for alcoholic or addicted women, including
19information on appropriate referrals for other services that
20may be needed in addition to treatment.
21    (e) The Department may implement the policies and programs
22set forth in this Section with the advice of the Committee on
23Women's Alcohol and Substance Abuse Treatment created under
24Section 10-20 of this Act.
25    (f) The Department shall develop and maintain an updated
26and comprehensive directory of service providers that provide



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1treatment services to pregnant women, mothers, and their
2children in this State. The Department shall disseminate an
3updated directory as often as is necessary to the list of
4medical and social service providers compiled under subsection
5(b) of this Section. The Department shall obtain the specific
6consent of each provider of services before publishing,
7distributing, verbally making information available for
8purposes of referral or otherwise using or publicizing the
9availability of services from a provider. The Department may
10make information concerning availability of services available
11to recipients, but may not require recipients to use specific
12sources of care.
13    (g) As a condition of any State grant or contract, the
14Department shall require that any treatment program for
15addicted women provide services, either by its own staff or by
16agreement with other agencies or individuals, which include but
17need not be limited to the following:
18        (1) coordination with the Healthy Moms/Healthy Kids
19    program, the Drug Free Families with a Future program, or
20    any comparable program providing case management services
21    to assure ongoing monitoring and coordination of services
22    after the addicted woman has returned home.
23        (2) coordination with medical services for individual
24    medical care of addicted pregnant women, including
25    prenatal care under the supervision of a physician.
26        (3) coordination with child care services under any



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1    State plan developed pursuant to subsection (e) of Section
2    10-25 of this Act.
3    (h) As a condition of any State grant or contract, the
4Department shall require that any nonresidential program
5receiving any funding for treatment services accept women who
6are pregnant, provided that such services are clinically
7appropriate. Failure to comply with this subsection shall
8result in termination of the grant or contract and loss of
9State funding.
10    (i)(1) From funds appropriated expressly for the purposes
11of this Section, the Department shall create or contract with
12licensed, certified agencies to develop a program for the care
13and treatment of addicted pregnant women, addicted mothers and
14their children. The program shall be in Cook County in an area
15of high density population having a disproportionate number of
16addicted women and a high infant mortality rate.
17    (2) From funds appropriated expressly for the purposes of
18this Section, the Department shall create or contract with
19licensed, certified agencies to develop a program for the care
20and treatment of low income pregnant women. The program shall
21be located anywhere in the State outside of Cook County in an
22area of high density population having a disproportionate
23number of low income pregnant women.
24    (3) In implementing the programs established under this
25subsection, the Department shall contract with existing
26residencies or recovery homes in areas having a



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1disproportionate number of women who abuse alcohol or other
2drugs and need residential treatment and counseling. Priority
3shall be given to addicted and abusing women who:
4        (A) are pregnant,
5        (B) have minor children,
6        (C) are both pregnant and have minor children, or
7        (D) are referred by medical personnel because they
8    either have given birth to a baby addicted to a controlled
9    substance, or will give birth to a baby addicted to a
10    controlled substance.
11    (4) The services provided by the programs shall include but
12not be limited to:
13        (A) individual medical care, including prenatal care,
14    under the supervision of a physician.
15        (B) temporary, residential shelter for pregnant women,
16    mothers and children when necessary.
17        (C) a range of educational or counseling services.
18        (D) comprehensive and coordinated social services,
19    including substance abuse therapy groups for the treatment
20    of alcoholism and other drug abuse and dependency; family
21    therapy groups; programs to develop positive
22    self-awareness; parent-child therapy; and residential
23    support groups.
24    (5) No services that require a license shall be provided
25until and unless the recovery home or other residence obtains
26and maintains the requisite license.



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1(Source: P.A. 88-80.)
2    Section 99. Effective date. This Act takes effect upon
3becoming law.