State of Illinois
2011 and 2012


Introduced 2/10/2011, by Sen. Mattie Hunter


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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SB1896LRB097 02968 KTG 46092 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; education
24and counseling for children or other co-dependents of
25alcoholics or other drug abusers or addicts. Such services may
26include telecounseling, telepsychiatry, computer based



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1services, and other services provided with the aid of
2electronic technology.
3    "ASAM" means the American Society of Addiction Medicine, a
4professional organization for physicians who specialize in the
5treatment of addiction. ASAM's Patient Placement Criteria
6(ASAM PPC-2R) is the most widely used and comprehensive
7national guidelines for placement, continued stay, and
8discharge of patients with alcohol and other drug problems.
9    "Case management" means those services which will assist
10individuals in gaining access to needed social, educational,
11medical, treatment and other services.
12    "Children of alcoholics or drug addicts or abusers of
13alcohol and other drugs" means the minor or adult children of
14individuals who have abused or been dependent upon alcohol or
15other drugs. These children may or may not become dependent
16upon alcohol or other drugs themselves; however, they are
17physically, psychologically, and behaviorally at high risk of
18developing the illness. Children of alcoholics and other drug
19abusers experience emotional and other problems, and benefit
20from prevention and treatment services provided by funded and
21non-funded agencies licensed by the Department.
22    "Coalitions" means a formal arrangement for cooperation
23and collaboration among groups or sectors of a community, in
24which each group retains its identity, but all agree to work
25together toward a common goal of building a safe, healthy, and
26drug-free community.



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1    "Co-dependents" means individuals who are involved in the
2lives of and are affected by people who are dependent upon
3alcohol and other drugs. Co-dependents compulsively engage in
4behaviors that cause them to suffer adverse physical,
5emotional, familial, social, behavioral, vocational, and legal
6consequences as they attempt to cope with the alcohol or drug
7dependent person. People who become co-dependents include
8spouses, parents, siblings, and friends of alcohol or drug
9dependent people. Co-dependents benefit from prevention and
10treatment services provided by agencies licensed by the
12    "Controlled substance" means any substance or immediate
13precursor which is enumerated in the schedules of Article II of
14the Illinois Controlled Substances Act or the Cannabis Control
16    "Crime of violence" means any of the following crimes:
17murder, voluntary manslaughter, criminal sexual assault,
18aggravated criminal sexual assault, predatory criminal sexual
19assault of a child, armed robbery, robbery, arson, kidnapping,
20aggravated battery, aggravated arson, or any other felony which
21involves the use or threat of physical force or violence
22against another individual.
23    "Department" means the Illinois Department of Human
24Services as successor to the former Department of Alcoholism
25and Substance Abuse.
26    "Designated program" means a program designated by the



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1Department to provide services described in subsection (c) or
2(d) of Section 15-10 of this Act. A designated program's
3primary function is screening, assessing, referring and
4tracking clients identified by the criminal justice system, and
5the program agrees to apply statewide the standards, uniform
6criteria and procedures established by the Department pursuant
7to such designation.
8    "Detoxification" means the process of allowing an
9individual to safely withdraw from a drug in a controlled
11    "DSM" means the most current edition of the Diagnostic and
12Statistical Manual of Mental Disorders.
13    "D.U.I." means driving under the influence of alcohol or
14other substances which may cause impairment of driving ability.
15    "Facility" means the building or premises which are used
16for the provision of licensable program services, including
17support services, as set forth by rule.
18    "ICD" means the most current edition of the International
19Classification of Diseases.
20    "Incapacitated" means that a person is unconscious or
21otherwise exhibits, by overt behavior or by extreme physical
22debilitation, an inability to care for his own needs or to
23recognize the obvious danger of his situation or to make
24rational decisions with respect to his need for treatment.
25    "Intermediary person" means a person with expertise
26relative to addiction, alcoholism, and the abuse of alcohol or



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1other drugs who may be called on to assist the police in
2carrying out enforcement or other activities with respect to
3persons who abuse or are dependent on alcohol or other drugs.
4    "Intervention" means readily accessible activities which
5assist individuals and their partners or family members in
6coping with the immediate problems of alcohol and other drug
7abuse or dependency, and in reducing their alcohol and other
8drug use. Intervention can facilitate emotional and social
9stability, and involves referring people for further treatment
10as needed.
11    "Intoxicated person" means a person whose mental or
12physical functioning is substantially impaired as a result of
13the current effects of alcohol or other drugs within the body.
14    "Local advisory council" means an alcohol and substance
15abuse body established in a county, township or community area,
16which represents public and private entities having an interest
17in the prevention and treatment of alcoholism or other drug
19    "Off-site services" means licensable program services or
20activities which are conducted at a location separate from the
21primary service location of the provider, and which services
22are operated by a program or entity licensed under this Act.
23    "Person" means any individual, firm, group, association,
24partnership, corporation, trust, government or governmental
25subdivision or agency.
26    "Prevention" means an interactive process of individuals,



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



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1provided directly to the individual in one-on-one or group
2settings; or they may be provided on behalf of the individual
3to assist them in obtaining services that will support their
4recovery. The length and frequency of such services varies
5according to the individual's needs. Examples of such services
6include: recovery support groups; individual recovery
7checkups; follow-up contacts; and recovery support service
8coordination which might include transportation and assistance
9in obtaining services to meet substance abuse treatment,
10health, employment, education, legal, housing, and other
12    "Rehabilitation" means a process whereby those clinical
13services necessary and appropriate for improving an
14individual's life and lifestyle and for overcoming his or her
15abuse of or dependency upon alcohol or other drugs, or both,
16are delivered in an appropriate setting and manner as defined
17in rules established by the Department.
18    "Relapse" means a process which is manifested by a
19progressive pattern of behavior that reactivates the symptoms
20of a disease or creates debilitating conditions in an
21individual who has experienced remission from addiction or
23    "Secretary" means the Secretary of Human Services or his or
24her designee.
25    "Substance abuse" or "abuse" shall have the meaning set
26forth in the most current edition of the Diagnostic and



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1Statistical Manual (DSM), published by the American
2Psychiatric Association. means a pattern of use of alcohol or
3other drugs with the potential of leading to immediate
4functional problems or to alcoholism or other drug dependency,
5or to the use of alcohol and/or other drugs solely for purposes
6of intoxication. The term also means the use of illegal drugs
7by persons of any age, and the use of alcohol by persons under
8the age of 21.
9    "Substance use disorder" shall have the meaning set forth
10in the most current edition of the Diagnostic and Statistical
11Manual (DSM), published by the American Psychiatric
13    "Treatment" means the broad range of emergency,
14outpatient, intermediate, and inpatient or residential
15services and care (including assessment, diagnosis, medical,
16psychiatric, psychological and social services, care and
17counseling, and aftercare) which may be extended to individuals
18who abuse or are dependent on alcohol or other drugs or
19families of those persons.
20(Source: P.A. 89-202, eff. 7-21-95; 89-428, eff. 12-13-95;
2189-462, eff. 5-29-96; 89-507, eff. 7-1-97; 90-14, eff. 7-1-97;
2290-135, eff. 7-22-97.)
23    (20 ILCS 301/5-10)
24    Sec. 5-10. Functions of the Department.
25    (a) In addition to the powers, duties and functions vested



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



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



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



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



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



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



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1    which provide an array of services for prevention,
2    intervention, treatment and rehabilitation for alcoholism
3    and other drug abuse or dependency.
4        (7) In consultation with local service providers and
5    the Illinois Alcoholism and Drug Dependence Association,
6    specify a uniform statistical methodology for use by
7    agencies, organizations, individuals, and the Department
8    for collection and dissemination of statistical
9    information regarding services related to alcoholism and
10    other drug use and abuse. This shall include prevention
11    services delivered, the number of persons treated,
12    frequency of admission and readmission, and duration of
13    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.
10(Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)
11    (20 ILCS 301/10-10)
12    Sec. 10-10. Powers and duties of the Council. The Council
14        (a) Advise the Department on ways to encourage public
15    understanding and support of the Department's programs.
16        (b) Advise the Department on regulations and licensure
17    proposed by the Department.
18        (c) Advise the Department in the formulation,
19    preparation and implementation of the comprehensive State
20    plan for prevention, intervention, treatment and relapse
21    prevention of alcoholism and other drug abuse and
22    dependency.
23        (d) Advise the Department on implementation of
24    alcoholism and other drug abuse and dependency education
25    and prevention programs throughout the State.



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



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1        (h) Promote and encourage participation by the private
2    sector, including business, industry, labor, and the
3    media, in programs to prevent alcoholism and other drug
4    abuse and dependency.
5        (i) Encourage the implementation of programs to
6    prevent alcoholism and other drug abuse and dependency in
7    the public and private schools and educational
8    institutions, including establishment of alcoholism and
9    other drug abuse and dependency programs.
10        (j) Gather information, conduct hearings, and make
11    recommendations to the Secretary concerning additions,
12    deletions, or rescheduling of substances under the
13    Illinois Controlled Substances Act.
14        (k) Report annually to the General Assembly regarding
15    the activities and recommendations made by the Council.
16    With the advice and consent of the Secretary, the presiding
17officer shall annually appoint a Special Committee on
18Licensure, which shall advise the Secretary on particular cases
19on which the Department intends to take action that is adverse
20to an applicant or license holder, and shall review an annual
21report submitted by the Secretary summarizing all licensure
22sanctions imposed by the Department.
23(Source: P.A. 94-1033, eff. 7-1-07.)
24    (20 ILCS 301/10-15)
25    Sec. 10-15. Qualification and appointment of members. The



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



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1        (m) The President of the Illinois Hospital Association
2    or his or her designee.
3        (n) The President of the Illinois Nurses Association or
4    a registered nurse designated by the President.
5        (o) The President of the Illinois Pharmacists
6    Association or a licensed pharmacist designated by the
7    President.
8        (p) The President of the Illinois Chapter of the
9    Association of Labor Management Administrators and
10    Consultants on Alcoholism.
11        (p-1) The President of the Community Behavioral
12    Healthcare Association of Illinois or his or 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 alcoholism or other
17    drug abuse and dependency treatment programs and one of
18    whom shall be a representative of a manufacturer or
19    importing distributor of alcoholic liquor licensed by the
20    State of Illinois, and 3 public members appointed by each
21    of the 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 designee,
25    of each of the following: the Department on Aging, the
26    Department of Children and Family Services, the Department



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



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



SB1896- 31 -LRB097 02968 KTG 46092 b

1    strategies to enhance service delivery to women.
2        (d) To advise the Council and the Secretary in the
3    development and implementation of a State plan, in
4    conjunction with the Department of Children and Family
5    Services, to provide child care services, at no or low
6    cost, to addicted mothers with children who are receiving
7    substance abuse treatment services.
8        (e) By January December 1, 1994, and by January
9    December 1 of every third year thereafter, to prepare and
10    submit to the Council for approval a planning document
11    specific to Illinois' female population. The document
12    shall contain, but need not be limited to, interagency
13    information concerning the types of services funded, the
14    client population served, the support services available
15    and provided during the preceding 3 year period, and the
16    goals, objectives, proposed methods of achievement, client
17    projections and cost estimate for the upcoming 3 year
18    period. The document may include, if deemed necessary and
19    appropriate, recommendations regarding the reorganization
20    of the Department to enhance and increase prevention,
21    treatment and support services available to women.
22        (f) perform other duties as requested by the Council or
23    the Secretary.
24(Source: P.A. 88-80; 89-507, eff. 7-1-97.)
25    (20 ILCS 301/10-55)



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1    Sec. 10-55. Medical Advisory Committee. The Secretary
2shall appoint a Medical Advisory Committee to the Department,
3consisting of up to 15 physicians licensed to practice medicine
4in all of its branches in Illinois who shall serve in an
5advisory capacity to the Secretary. The membership of the
6Medical Advisory Committee shall reasonably reflect
7representation from the geographic areas and the range of
8alcoholism and other drug abuse and dependency service
9providers in the State. In making appointments, the Secretary
10shall give consideration to recommendations made by the
11Illinois State Medical Society, the Illinois Society of
12Addiction Medicine, and other appropriate professional
13organizations. All appointments shall be made with regard to
14the interest and expertise of the individual with regard to
15alcoholism and other drug abuse and dependency services. At a
16minimum, those appointed to the Committee shall include
17representatives of Board-certified psychiatrists,
18community-based and hospital-based alcoholism or other drug
19dependency treatment programs, and Illinois medical schools.
20    Members shall serve 3-year terms and until their successors
21are appointed and qualified, except that of the initial
22appointments, one-third of the members shall be appointed for
23one year, one-third shall be appointed for 2 years, and
24one-third shall be appointed for 3 years and until their
25successors are appointed and qualified. Appointments to fill
26vacancies shall be made in the same manner as the original



SB1896- 33 -LRB097 02968 KTG 46092 b

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



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



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



SB1896- 36 -LRB097 02968 KTG 46092 b

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



SB1896- 37 -LRB097 02968 KTG 46092 b

1experiences and cultural awareness demonstrably match the
2needs of the people they are serving.
3    (f) The Department may delegate the functions and
4activities described in subsection (c) of this Section to
5local, community-based providers.
6(Source: P.A. 88-80.)
7    (20 ILCS 301/25-5)
8    Sec. 25-5. Establishment of comprehensive treatment
9system. The Department shall develop, annually fund, and
10implement a comprehensive, statewide, community-based system
11for the provision of a full array of intervention, treatment,
12and recovery support aftercare for persons suffering from
13alcohol and other drug abuse and dependency sufficient to meet
14at least 15% of the need as defined by annual studies published
15by the U.S. Department of Health and Human Services. Commencing
16in State fiscal year 2012, the State shall increase system
17capacity by a minimum of 1% per year until the system is
18capable of serving 15% of the need in any given State fiscal
19year. The system created under this Section shall be based on
20the premise that coordination among and integration between all
21community and governmental systems will facilitate effective
22and efficient program implementation and utilization of
23existing resources.
24(Source: P.A. 88-80.)



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1    (20 ILCS 301/25-10)
2    Sec. 25-10. Promulgation of regulations. The Department
3shall adopt regulations for the licensure of treatment and
4intervention services acceptance of persons for treatment,
5taking into consideration available resources and facilities,
6for the purpose of early and effective treatment of alcoholism
7and other drug abuse and dependency.
8(Source: P.A. 88-80.)
9    (20 ILCS 301/25-20)
10    Sec. 25-20. Applicability of patients' rights. All persons
11who are receiving or who have received intervention, treatment,
12or recovery support aftercare services under this Act shall be
13afforded those rights enumerated in Article 30.
14(Source: P.A. 88-80.)
15    (20 ILCS 301/30-5)
16    Sec. 30-5. Patients' rights established.
17    (a) For purposes of this Section, "patient" means any
18person who is receiving or has received intervention,
19treatment, or recovery support aftercare services under this
21    (b) No patient who is receiving or who has received
22intervention, treatment, or recovery support aftercare
23services under this Act shall be deprived of any rights,
24benefits, or privileges guaranteed by law, the Constitution of



SB1896- 39 -LRB097 02968 KTG 46092 b

1the United States of America, or the Constitution of the State
2of Illinois solely because of his status as a patient of a
4    (c) Persons who abuse or are dependent on alcohol or other
5drugs who are also suffering from medical conditions shall not
6be discriminated against in admission or treatment by any
7hospital which receives support in any form from any program
8supported in whole or in part by funds appropriated to any
9State department or agency, or by any health plan or health
10insurer required to comply with the federal parity requirements
11or the State parity requirements set forth in the Illinois
12Insurance Code.
13    (d) Every patient shall have impartial access to services
14without regard to race, religion, sex, ethnicity, age, sexual
15orientation, marital status, or handicap.
16    (e) Patients shall be permitted the free exercise of
18    (e-5) Nondiscrimination.
19        (1) Discrimination in health coverage. It shall be
20    unlawful for any health plan or health insurance program to
21    use records described in subsection (bb) of this Section to
22    deny or condition the issuance or effectiveness of a plan,
23    policy, or coverage (including the imposition of any
24    exclusion of benefits under the plan, policy, or coverage
25    based on a preexisting condition) or to discriminate in the
26    pricing of the plan, policy, or coverage (including



SB1896- 40 -LRB097 02968 KTG 46092 b

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



SB1896- 41 -LRB097 02968 KTG 46092 b

1    (i) Every patient shall be permitted to participate in the
2planning of his total care and medical treatment to the extent
3that his condition permits.
4    (j) A person shall not be denied treatment solely because
5he has withdrawn from treatment against medical advice on a
6prior occasion or because he has relapsed after earlier
7treatment or, when in medical crisis, because of inability to
9    (k) The patient in treatment shall be permitted visits by
10family and significant others, unless such visits are
11clinically contraindicated.
12    (l) A patient in treatment shall be allowed to conduct
13private telephone conversations with family and friends unless
14clinically contraindicated.
15    (m) A patient shall be permitted to send and receive mail
16without hindrance, unless clinically contraindicated.
17    (n) A patient shall be permitted to manage his own
18financial affairs unless he or his guardian, or if the patient
19is a minor, his parent, authorizes another competent person to
20do so.
21    (o) A patient shall be permitted to request the opinion of
22a consultant at his own expense, or to request an in-house
23review of a treatment plan, as provided in the specific
24procedures of the provider. A treatment provider is not liable
25for the negligence of any consultant.
26    (p) Unless otherwise prohibited by State or federal law,



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1every patient shall be permitted to obtain from his own
2physician, the treatment provider or the treatment provider's
3consulting physician complete and current information
4concerning the nature of care, procedures and treatment which
5he will receive.
6    (q) A patient shall be permitted to refuse to participate
7in any experimental research or medical procedure without
8compromising his access to other, non-experimental services.
9Before a patient is placed in an experimental research or
10medical procedure, the provider must first obtain his informed
11written consent or otherwise comply with the federal
12requirements regarding the protection of human subjects
13contained in 45 C.F.R. Part 46.
14    (r) All medical treatment and procedures shall be
15administered as ordered by a physician. In order to assure
16compliance by the treatment program with all physician orders,
17all new physician orders shall be reviewed by the treatment
18program's staff within a reasonable period of time after such
19orders have been issued. "Medical treatment and procedures"
20means those services that can be ordered only by a physician
21licensed to practice medicine in all of its branches in
23    (s) Every patient shall be permitted to refuse medical
24treatment and to know the consequences of such action. Such
25refusal by a patient shall free the treatment program from the
26obligation to provide the treatment.



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1    (t) Unless otherwise prohibited by State or federal law,
2every patient, patient's guardian, or parent, if the patient is
3a minor, shall be permitted to inspect and copy all clinical
4and other records kept by the treatment program or by his
5physician concerning his care and maintenance. The treatment
6program or physician may charge a reasonable fee for the
7duplication of a record.
8    (u) No owner, licensee, administrator, employee, or agent
9of a treatment program shall abuse or neglect a patient. If
10staff is aware of abuse of a client, then it is their duty to
11report abuse consistent with State statute. It is the duty of
12any program employee or agent who becomes aware of such abuse
13or neglect to report it to the Department immediately.
14    (v) The administrator of a program may refuse access to the
15program to any person if the actions of that person while in
16the program are or could be injurious to the health and safety
17of a patient or the program, or if the person seeks access to
18the program for commercial purposes.
19    (v-5) All patients admitted to community-based treatment
20facilities shall be considered voluntary treatment patients
21and such patients will not be contained within a locked
23    (w) (Blank) A patient may be discharged from a program
24after he gives the administrator written notice of his desire
25to be discharged or upon completion of his prescribed course of
26treatment. No patient shall be discharged or transferred



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1without the preparation of a post-treatment aftercare plan by
2the program.
3    (x) Patients and their families or legal guardians shall
4have the right to present complaints concerning the quality of
5care provided to the patient, without threat of discharge or
6reprisal in any form or manner whatsoever. The treatment
7provider shall have in place a mechanism for receiving and
8responding to such complaints, and shall inform the patient and
9his family or legal guardian of this mechanism and how to use
10it. The provider shall analyze any complaint received and, when
11indicated, take appropriate corrective action. Every patient
12and his family member or legal guardian who makes a complaint
13shall receive a timely response from the provider which
14substantively addresses the complaint. The provider shall
15inform the patient and his family or legal guardian about other
16sources of assistance if the provider has not resolved the
17complaint to the satisfaction of the patient or his family or
18legal guardian.
19    (y) A resident may refuse to perform labor at a program
20unless such labor is a part of his individual treatment program
21as documented in his clinical record.
22    (z) A person who is in need of treatment may apply for
23voluntary admission to a treatment program in the manner and
24with the rights provided for under regulations promulgated by
25the Department. If a person is refused admission to a licensed
26treatment program, the staff of the program, subject to rules



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



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1        program and an entity having direct administrative
2        control over that program.
3            (E) Information given to law enforcement personnel
4        investigating a patient's commission of a crime on the
5        program premises or against program personnel.
6            (F) Reports under State law of incidents of
7        suspected child abuse and neglect; however,
8        confidentiality restrictions continue to apply to the
9        records and any follow-up information for disclosure
10        and use in civil or criminal proceedings arising from
11        the report of suspected abuse or neglect.
12        Notwithstanding the foregoing, the program's
13        cooperation with the Department of Children and Family
14        Services by allowing access to the patient involved in
15        the mandated report or to staff members for interviews,
16        shall be deemed part of the mandated reporting
17        responsibilities under State law and permissible for
18        disclosure under 42 C.F.R. Part 2.
19        (2) If the information is not exempt, a disclosure can
20    be made only under the following circumstances:
21            (A) With patient consent as set forth in 42 C.F.R.
22        Sections 2.1(b)(1) and 2.31, and as consistent with
23        pertinent State law.
24            (B) For medical emergencies as set forth in 42
25        C.F.R. Sections 2.1(b)(2) and 2.51.
26            (C) For research activities as set forth in 42



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



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



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



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



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



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



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1        (A) are pregnant,
2        (B) have minor children,
3        (C) are both pregnant and have minor children, or
4        (D) are referred by medical personnel because they
5    either have given birth to a baby addicted to a controlled
6    substance, or will give birth to a baby addicted to a
7    controlled substance.
8    (4) The services provided by the programs shall include but
9not be limited to:
10        (A) individual medical care, including prenatal care,
11    under the supervision of a physician.
12        (B) temporary, residential shelter for pregnant women,
13    mothers and children when necessary.
14        (C) a range of educational or counseling services.
15        (D) comprehensive and coordinated social services,
16    including substance abuse therapy groups for the treatment
17    of alcoholism and other drug abuse and dependency; family
18    therapy groups; programs to develop positive
19    self-awareness; parent-child therapy; and residential
20    support groups.
21    (5) No services that require a license shall be provided
22until and unless the recovery home or other residence obtains
23and maintains the requisite license.
24(Source: P.A. 88-80.)
25    Section 99. Effective date. This Act takes effect upon
26becoming law.