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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.


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20 ILCS 301/Art. 1

 
    (20 ILCS 301/Art. 1 heading)
ARTICLE 1. GENERAL PROVISIONS

20 ILCS 301/1-1

    (20 ILCS 301/1-1)
    Sec. 1-1. Short Title. This Act may be cited as the Alcoholism and Other Drug Abuse and Dependency Act.
(Source: P.A. 88-80.)

20 ILCS 301/1-5

    (20 ILCS 301/1-5)
    Sec. 1-5. Legislative Declaration. The abuse and misuse of alcohol and other drugs constitutes a serious public health problem the effects of which on public safety and the criminal justice system cause serious social and economic losses, as well as great human suffering. It is imperative that a comprehensive and coordinated strategy be developed under the leadership of a State agency and implemented through the facilities of federal and local government and community-based agencies (which may be public or private, volunteer or professional) to empower individuals and communities through local prevention efforts and to provide intervention, treatment, rehabilitation and other services to those who misuse alcohol or other drugs (and, when appropriate, the families of those persons) to lead healthy and drug-free lives and become productive citizens in the community.
    The human, social, and economic benefits of preventing alcohol and other drug abuse and dependence are great, and it is imperative that there be interagency cooperation in the planning and delivery of alcohol and other drug abuse prevention, intervention, and treatment efforts in Illinois.
    The provisions of this Act shall be liberally construed to enable the Department to carry out these objectives and purposes.
(Source: P.A. 88-80.)

20 ILCS 301/1-10

    (20 ILCS 301/1-10)
    Sec. 1-10. Definitions. As used in this Act, unless the context clearly indicates otherwise, the following words and terms have the following meanings:
    "Act" means the Alcoholism and Other Drug Abuse and Dependency Act.
    "Addict" means a person who exhibits the disease known as "addiction".
    "Addiction" means a disease process characterized by the continued use of a specific psycho-active substance despite physical, psychological or social harm. The term also describes the advanced stages of chemical dependency.
    "Administrator" means a person responsible for administration of a program.
    "Alcoholic" means a person who exhibits the disease known as "alcoholism".
    "Alcoholism" means a chronic and progressive disease or illness characterized by preoccupation with and loss of control over the consumption of alcohol, and the use of alcohol despite adverse consequences. Typically, combinations of the following tendencies are also present: periodic or chronic intoxication; physical disability; impaired emotional, occupational or social adjustment; tendency toward relapse; a detrimental effect on the individual, his family and society; psychological dependence; and physical dependence. Alcoholism is also known as addiction to alcohol. Alcoholism is described and further categorized in clinical detail in the DSM and the ICD.
    "Array of services" means assistance to individuals, families and communities in response to alcohol or other drug abuse or dependency. The array of services includes, but is not limited to: prevention assistance for communities and schools; case finding, assessment and intervention to help individuals stop abusing alcohol or other drugs; a uniform screening, assessment, and evaluation process including criteria for substance use disorders and mental disorders or co-occurring substance use and mental health disorders; case management; detoxification to aid individuals in physically withdrawing from alcohol or other drugs; short-term and long-term treatment and support services to help individuals and family members begin the process of recovery; prescription and dispensing of the drug methadone or other medications as an adjunct to treatment; relapse prevention services; education and counseling for children or other co-dependents of alcoholics or other drug abusers or addicts. For purposes of this Section, a uniform screening, assessment, and evaluation process refers to a process that includes an appropriate evaluation and, as warranted, a referral. "Uniform" does not mean the use of a singular instrument, tool, or process that all must utilize.
    "Case management" means those services which will assist individuals in gaining access to needed social, educational, medical, treatment and other services.
    "Children of alcoholics or drug addicts or abusers of alcohol and other drugs" means the minor or adult children of individuals who have abused or been dependent upon alcohol or other drugs. These children may or may not become dependent upon alcohol or other drugs themselves; however, they are physically, psychologically, and behaviorally at high risk of developing the illness. Children of alcoholics and other drug abusers experience emotional and other problems, and benefit from prevention and treatment services provided by funded and non-funded agencies licensed by the Department.
    "Co-dependents" means individuals who are involved in the lives of and are affected by people who are dependent upon alcohol and other drugs. Co-dependents compulsively engage in behaviors that cause them to suffer adverse physical, emotional, familial, social, behavioral, vocational, and legal consequences as they attempt to cope with the alcohol or drug dependent person. People who become co-dependents include spouses, parents, siblings, and friends of alcohol or drug dependent people. Co-dependents benefit from prevention and treatment services provided by agencies licensed by the Department.
    "Controlled substance" means any substance or immediate precursor which is enumerated in the schedules of Article II of the Illinois Controlled Substances Act or the Cannabis Control Act.
    "Crime of violence" means any of the following crimes: murder, voluntary manslaughter, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, armed robbery, robbery, arson, kidnapping, aggravated battery, aggravated arson, or any other felony which involves the use or threat of physical force or violence against another individual.
    "Department" means the Illinois Department of Human Services as successor to the former Department of Alcoholism and Substance Abuse.
    "Designated program" means a program designated by the Department to provide services described in subsection (c) or (d) of Section 15-10 of this Act. A designated program's primary function is screening, assessing, referring and tracking clients identified by the criminal justice system, and the program agrees to apply statewide the standards, uniform criteria and procedures established by the Department pursuant to such designation.
    "Detoxification" means the process of allowing an individual to safely withdraw from a drug in a controlled environment.
    "DSM" means the most current edition of the Diagnostic and Statistical Manual of Mental Disorders.
    "D.U.I." means driving under the influence of alcohol or other substances which may cause impairment of driving ability.
    "Facility" means the building or premises which are used for the provision of licensable program services, including support services, as set forth by rule.
    "ICD" means the most current edition of the International Classification of Diseases.
    "Incapacitated" means that a person is unconscious or otherwise exhibits, by overt behavior or by extreme physical debilitation, an inability to care for his own needs or to recognize the obvious danger of his situation or to make rational decisions with respect to his need for treatment.
    "Intermediary person" means a person with expertise relative to addiction, alcoholism, and the abuse of alcohol or other drugs who may be called on to assist the police in carrying out enforcement or other activities with respect to persons who abuse or are dependent on alcohol or other drugs.
    "Intervention" means readily accessible activities which assist individuals and their partners or family members in coping with the immediate problems of alcohol and other drug abuse or dependency, and in reducing their alcohol and other drug use. Intervention can facilitate emotional and social stability, and involves referring people for further treatment as needed.
    "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the current effects of alcohol or other drugs within the body.
    "Local advisory council" means an alcohol and substance abuse body established in a county, township or community area, which represents public and private entities having an interest in the prevention and treatment of alcoholism or other drug abuse.
    "Off-site services" means licensable program services or activities which are conducted at a location separate from the primary service location of the provider, and which services are operated by a program or entity licensed under this Act.
    "Person" means any individual, firm, group, association, partnership, corporation, trust, government or governmental subdivision or agency.
    "Prevention" means an interactive process of individuals, families, schools, religious organizations, communities and regional, state and national organizations to reduce alcoholism, prevent the use of illegal drugs and the abuse of legal drugs by persons of all ages, prevent the use of alcohol by minors, build the capacities of individuals and systems, and promote healthy environments, lifestyles and behaviors.
    "Program" means a licensable or fundable activity or service, or a coordinated range of such activities or services, as the Department may establish by rule.
    "Recovery" means the long-term, often life-long, process in which an addicted person changes the way in which he makes decisions and establishes personal and life priorities. The evolution of this decision-making and priority-setting process is generally manifested by an obvious improvement in the individual's life and lifestyle and by his overcoming the abuse of or dependence on alcohol or other drugs. Recovery is also generally manifested by prolonged periods of abstinence from addictive chemicals which are not medically supervised. Recovery is the goal of treatment.
    "Rehabilitation" means a process whereby those clinical services necessary and appropriate for improving an individual's life and lifestyle and for overcoming his or her abuse of or dependency upon alcohol or other drugs, or both, are delivered in an appropriate setting and manner as defined in rules established by the Department.
    "Relapse" means a process which is manifested by a progressive pattern of behavior that reactivates the symptoms of a disease or creates debilitating conditions in an individual who has experienced remission from addiction or alcoholism.
    "Secretary" means the Secretary of Human Services or his or her designee.
    "Substance abuse" or "abuse" means a pattern of use of alcohol or other drugs with the potential of leading to immediate functional problems or to alcoholism or other drug dependency, or to the use of alcohol and/or other drugs solely for purposes of intoxication. The term also means the use of illegal drugs by persons of any age, and the use of alcohol by persons under the age of 21.
    "Treatment" means the broad range of emergency, outpatient, intermediate and residential services and care (including assessment, diagnosis, medical, psychiatric, psychological and social services, care and counseling, and aftercare) which may be extended to individuals who abuse or are dependent on alcohol or other drugs or families of those persons.
(Source: P.A. 97-1061, eff. 8-24-12.)

20 ILCS 301/Art. 5

 
    (20 ILCS 301/Art. 5 heading)
ARTICLE 5. CREATION OF DEPARTMENT

20 ILCS 301/5-5

    (20 ILCS 301/5-5)
    Sec. 5-5. Successor department; home rule.
    (a) The Department of Human Services, as successor to the Department of Alcoholism and Substance Abuse, shall assume the various rights, powers, duties, and functions provided for in this Act.
    (b) It is declared to be the public policy of this State, pursuant to paragraphs (h) and (i) of Section 6 of Article VII of the Illinois Constitution of 1970, that the powers and functions set forth in this Act and expressly delegated to the Department are exclusive State powers and functions. Nothing herein prohibits the exercise of any power or the performance of any function, including the power to regulate, for the protection of the public health, safety, morals and welfare, by any unit of local government, other than the powers and functions set forth in this Act and expressly delegated to the Department to be exclusive State powers and functions.
    (c) The Department shall, through accountable and efficient leadership, example and commitment to excellence, strive to reduce the incidence and consequences of the abuse of alcohol and other drugs by:
        (1) fostering public understanding of alcoholism and
    
addiction as illnesses which affect individuals, co-dependents, families and communities.
        (2) promoting healthy lifestyles.
        (3) promoting understanding and support for sound
    
public policies.
        (4) ensuring quality prevention, intervention and
    
treatment programs and services which are accessible and responsive to the diverse needs of individuals, families and communities.
(Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-507, eff. 7-1-97.)

20 ILCS 301/5-10

    (20 ILCS 301/5-10)
    Sec. 5-10. Functions of the Department.
    (a) In addition to the powers, duties and functions vested in the Department by this Act, or by other laws of this State, the Department shall carry out the following activities:
        (1) Design, coordinate and fund a comprehensive and
    
coordinated community-based and culturally and gender-appropriate array of services throughout the State for the prevention, intervention, treatment and rehabilitation of alcohol and other drug abuse and dependency that is accessible and addresses the needs of at-risk or addicted individuals and their families.
        (2) Act as the exclusive State agency to accept,
    
receive and expend, pursuant to appropriation, any public or private monies, grants or services, including those received from the federal government or from other State agencies, for the purpose of providing an array of services for the prevention, intervention, treatment and rehabilitation of alcoholism or other drug abuse or dependency. Monies received by the Department shall be deposited into appropriate funds as may be created by State law or administrative action.
        (3) Coordinate a statewide strategy among State
    
agencies for the prevention, intervention, treatment and rehabilitation of alcohol and other drug abuse and dependency. This strategy shall include the development of an annual comprehensive State plan for the provision of an array of services for education, prevention, intervention, treatment, relapse prevention and other services and activities to alleviate alcoholism and other drug abuse and dependency. The plan shall be based on local community-based needs and upon data including, but not limited to, that which defines the prevalence of and costs associated with the abuse of and dependency upon alcohol and other drugs. This comprehensive State plan shall include identification of problems, needs, priorities, services and other pertinent information, including the needs of minorities and other specific populations in the State, and shall describe how the identified problems and needs will be addressed. For purposes of this paragraph, the term "minorities and other specific populations" may include, but shall not be limited to, groups such as women, children, intravenous drug users, persons with AIDS or who are HIV infected, African-Americans, Puerto Ricans, Hispanics, Asian Americans, the elderly, persons in the criminal justice system, persons who are clients of services provided by other State agencies, persons with disabilities and such other specific populations as the Department may from time to time identify. In developing the plan, the Department shall seek input from providers, parent groups, associations and interested citizens.
        Beginning with State fiscal year 1996, the annual
    
comprehensive State plan developed under this Section shall include an explanation of the rationale to be used in ensuring that funding shall be based upon local community needs, including, but not limited to, the incidence and prevalence of, and costs associated with, the abuse of and dependency upon alcohol and other drugs, as well as upon demonstrated program performance.
        The annual comprehensive State plan developed under
    
this Section shall contain a report detailing the activities of and progress made by the programs for the care and treatment of addicted pregnant women, addicted mothers and their children established under subsection (j) of Section 35-5 of this Act.
        Each State agency which provides or funds alcohol or
    
drug prevention, intervention and treatment services shall annually prepare an agency plan for providing such services, and these shall be used by the Department in preparing the annual comprehensive statewide plan. Each agency's annual plan for alcohol and drug abuse services shall contain a report on the activities and progress of such services in the prior year. The Department may provide technical assistance to other State agencies, as required, in the development of their agency plans.
        (4) Lead, foster and develop cooperation,
    
coordination and agreements among federal and State governmental agencies and local providers that provide assistance, services, funding or other functions, peripheral or direct, in the prevention, intervention, treatment or rehabilitation of alcoholism and other drug abuse and dependency. This shall include, but shall not be limited to, the following:
            (A) Cooperate with and assist the Department of
        
Corrections and the Department on Aging in establishing and conducting programs relating to alcoholism and other drug abuse and dependency among those populations which they respectively serve.
            (B) Cooperate with and assist the Illinois
        
Department of Public Health in the establishment, funding and support of programs and services for the promotion of maternal and child health and the prevention and treatment of infectious diseases, including but not limited to HIV infection, especially with respect to those persons who may abuse drugs by intravenous injection, or may have been sexual partners of drug abusers, or may have abused substances so that their immune systems are impaired, causing them to be at high risk.
            (C) Supply to the Department of Public Health and
        
prenatal care providers a list of all alcohol and other drug abuse service providers for addicted pregnant women in this State.
            (D) Assist in the placement of child abuse or
        
neglect perpetrators (identified by the Illinois Department of Children and Family Services) who have been determined to be in need of alcohol or other drug abuse services pursuant to Section 8.2 of the Abused and Neglected Child Reporting Act.
            (E) Cooperate with and assist the Illinois
        
Department of Children and Family Services in carrying out its mandates to:
                (i) identify alcohol and other drug abuse
            
issues among its clients and their families; and
                (ii) develop programs and services to deal
            
with such problems.
        These programs and services may include, but shall
        
not be limited to, programs to prevent the abuse of alcohol or other drugs by DCFS clients and their families, rehabilitation services, identifying child care needs within the array of alcohol and other drug abuse services, and assistance with other issues as required.
            (F) Cooperate with and assist the Illinois
        
Criminal Justice Information Authority with respect to statistical and other information concerning drug abuse incidence and prevalence.
            (G) Cooperate with and assist the State
        
Superintendent of Education, boards of education, schools, police departments, the Illinois Department of State Police, courts and other public and private agencies and individuals in establishing prevention programs statewide and preparing curriculum materials for use at all levels of education. An agreement shall be entered into with the State Superintendent of Education to assist in the establishment of such programs.
            (H) Cooperate with and assist the Illinois
        
Department of Healthcare and Family Services in the development and provision of services offered to recipients of public assistance for the treatment and prevention of alcoholism and other drug abuse and dependency.
            (I) Provide training recommendations to other
        
State agencies funding alcohol or other drug abuse prevention, intervention, treatment or rehabilitation services.
        (5) From monies appropriated to the Department from
    
the Drunk and Drugged Driving Prevention Fund, make grants to reimburse DUI evaluation and remedial education programs licensed by the Department for the costs of providing indigent persons with free or reduced-cost services relating to a charge of driving under the influence of alcohol or other drugs.
        (6) Promulgate regulations to provide appropriate
    
standards for publicly and privately funded programs as well as for levels of payment to government funded programs which provide an array of services for prevention, intervention, treatment and rehabilitation for alcoholism and other drug abuse or dependency.
        (7) In consultation with local service providers,
    
specify a uniform statistical methodology for use by agencies, organizations, individuals and the Department for collection and dissemination of statistical information regarding services related to alcoholism and other drug use and abuse. This shall include prevention services delivered, the number of persons treated, frequency of admission and readmission, and duration of treatment.
        (8) Receive data and assistance from federal, State
    
and local governmental agencies, and obtain copies of identification and arrest data from all federal, State and local law enforcement agencies for use in carrying out the purposes and functions of the Department.
        (9) Designate and license providers to conduct
    
screening, assessment, referral and tracking of clients identified by the criminal justice system as having indications of alcoholism or other drug abuse or dependency and being eligible to make an election for treatment under Section 40-5 of this Act, and assist in the placement of individuals who are under court order to participate in treatment.
        (10) Designate medical examination and other programs
    
for determining alcoholism and other drug abuse and dependency.
        (11) Encourage service providers who receive
    
financial assistance in any form from the State to assess and collect fees for services rendered.
        (12) Make grants with funds appropriated from the
    
Drug Treatment Fund in accordance with Section 7 of the Controlled Substance and Cannabis Nuisance Act, or in accordance with Section 80 of the Methamphetamine Control and Community Protection Act, or in accordance with subsections (h) and (i) of Section 411.2 of the Illinois Controlled Substances Act.
        (13) Encourage all health and disability insurance
    
programs to include alcoholism and other drug abuse and dependency as a covered illness.
        (14) Make such agreements, grants-in-aid and
    
purchase-care arrangements with any other department, authority or commission of this State, or any other state or the federal government or with any public or private agency, including the disbursement of funds and furnishing of staff, to effectuate the purposes of this Act.
        (15) Conduct a public information campaign to inform
    
the State's Hispanic residents regarding the prevention and treatment of alcoholism.
    (b) In addition to the powers, duties and functions vested in it by this Act, or by other laws of this State, the Department may undertake, but shall not be limited to, the following activities:
        (1) Require all programs funded by the Department to
    
include an education component to inform participants regarding the causes and means of transmission and methods of reducing the risk of acquiring or transmitting HIV infection, and to include funding for such education component in its support of the program.
        (2) Review all State agency applications for federal
    
funds which include provisions relating to the prevention, early intervention and treatment of alcoholism and other drug abuse and dependency in order to ensure consistency with the comprehensive statewide plan developed pursuant to this Act.
        (3) Prepare, publish, evaluate, disseminate and serve
    
as a central repository for educational materials dealing with the nature and effects of alcoholism and other drug abuse and dependency. Such materials may deal with the educational needs of the citizens of Illinois, and may include at least pamphlets which describe the causes and effects of fetal alcohol syndrome, which the Department may distribute free of charge to each county clerk in sufficient quantities that the county clerk may provide a pamphlet to the recipients of all marriage licenses issued in the county.
        (4) Develop and coordinate, with regional and local
    
agencies, education and training programs for persons engaged in providing the array of services for persons having alcoholism or other drug abuse and dependency problems, which programs may include specific HIV education and training for program personnel.
        (5) Cooperate with and assist in the development of
    
education, prevention and treatment programs for employees of State and local governments and businesses in the State.
        (6) Utilize the support and assistance of interested
    
persons in the community, including recovering addicts and alcoholics, to assist individuals and communities in understanding the dynamics of addiction, and to encourage individuals with alcohol or other drug abuse or dependency problems to voluntarily undergo treatment.
        (7) Promote, conduct, assist or sponsor basic
    
clinical, epidemiological and statistical research into alcoholism and other drug abuse and dependency, and research into the prevention of those problems either solely or in conjunction with any public or private agency.
        (8) Cooperate with public and private agencies,
    
organizations and individuals in the development of programs, and to provide technical assistance and consultation services for this purpose.
        (9) Publish or provide for the publishing of a manual
    
to assist medical and social service providers in identifying alcoholism and other drug abuse and dependency and coordinating the multidisciplinary delivery of services to addicted pregnant women, addicted mothers and their children. The manual may be used only to provide information and may not be used by the Department to establish practice standards. The Department may not require recipients to use specific providers nor may they require providers to refer recipients to specific providers. The manual may include, but need not be limited to, the following:
            (A) Information concerning risk assessments of
        
women seeking prenatal, natal, and postnatal medical care.
            (B) Information concerning risk assessments of
        
infants who may be substance-affected.
            (C) Protocols that have been adopted by the
        
Illinois Department of Children and Family Services for the reporting and investigation of allegations of child abuse or neglect under the Abused and Neglected Child Reporting Act.
            (D) Summary of procedures utilized in juvenile
        
court in cases of children alleged or found to be abused or neglected as a result of being born to addicted women.
            (E) Information concerning referral of addicted
        
pregnant women, addicted mothers and their children by medical, social service, and substance abuse treatment providers, by the Departments of Children and Family Services, Public Aid, Public Health, and Human Services.
            (F) Effects of substance abuse on infants and
        
guidelines on the symptoms, care, and comfort of drug-withdrawing infants.
            (G) Responsibilities of the Illinois Department
        
of Public Health to maintain statistics on the number of children in Illinois addicted at birth.
        (10) To the extent permitted by federal law or
    
regulation, establish and maintain a clearinghouse and central repository for the development and maintenance of a centralized data collection and dissemination system and a management information system for all alcoholism and other drug abuse prevention, early intervention and treatment services.
        (11) Fund, promote or assist programs, services,
    
demonstrations or research dealing with addictive or habituating behaviors detrimental to the health of Illinois citizens.
        (12) With monies appropriated from the Group Home
    
Loan Revolving Fund, make loans, directly or through subcontract, to assist in underwriting the costs of housing in which individuals recovering from alcohol or other drug abuse or dependency may reside in groups of not less than 6 persons, pursuant to Section 50-40 of this Act.
        (13) Promulgate such regulations as may be necessary
    
for the administration of grants or to otherwise carry out the purposes and enforce the provisions of this Act.
        (14) Fund programs to help parents be effective in
    
preventing substance abuse by building an awareness of drugs and alcohol and the family's role in preventing abuse through adjusting expectations, developing new skills, and setting positive family goals. The programs shall include, but not be limited to, the following subjects: healthy family communication; establishing rules and limits; how to reduce family conflict; how to build self-esteem, competency, and responsibility in children; how to improve motivation and achievement; effective discipline; problem solving techniques; and how to talk about drugs and alcohol. The programs shall be open to all parents.
(Source: P.A. 94-556, eff. 9-11-05; 95-331, eff. 8-21-07.)

20 ILCS 301/5-15

    (20 ILCS 301/5-15)
    Sec. 5-15. (Repealed).
(Source: P.A. 88-80. Repealed by internal repealer, eff. 7-1-95.)

20 ILCS 301/5-20

    (20 ILCS 301/5-20)
    Sec. 5-20. Compulsive gambling program.
    (a) Subject to appropriation, the Department shall establish a program for public education, research, and training regarding problem and compulsive gambling and the treatment and prevention of problem and compulsive gambling. Subject to specific appropriation for these stated purposes, the program must include all of the following:
        (1) Establishment and maintenance of a toll-free
    
"800" telephone number to provide crisis counseling and referral services to families experiencing difficulty as a result of problem or compulsive gambling.
        (2) Promotion of public awareness regarding the
    
recognition and prevention of problem and compulsive gambling.
        (3) Facilitation, through in-service training and
    
other means, of the availability of effective assistance programs for problem and compulsive gamblers.
        (4) Conducting studies to identify adults and
    
juveniles in this State who are, or who are at risk of becoming, problem or compulsive gamblers.
    (b) Subject to appropriation, the Department shall either establish and maintain the program or contract with a private or public entity for the establishment and maintenance of the program. Subject to appropriation, either the Department or the private or public entity shall implement the toll-free telephone number, promote public awareness, and conduct in-service training concerning problem and compulsive gambling.
    (c) Subject to appropriation, the Department shall produce and supply the signs specified in Section 10.7 of the Illinois Lottery Law, Section 34.1 of the Illinois Horse Racing Act of 1975, Section 4.3 of the Bingo License and Tax Act, Section 8.1 of the Charitable Games Act, and Section 13.1 of the Riverboat Gambling Act.
(Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)

20 ILCS 301/5-23

    (20 ILCS 301/5-23)
    Sec. 5-23. Drug Overdose Prevention Program.
    (a) Reports of drug overdose.
        (1) The Director of the Division of Alcoholism and
    
Substance Abuse may publish annually a report on drug overdose trends statewide that reviews State death rates from available data to ascertain changes in the causes or rates of fatal and nonfatal drug overdose for the preceding period of not less than 5 years. The report shall also provide information on interventions that would be effective in reducing the rate of fatal or nonfatal drug overdose.
        (2) The report may include:
            (A) Trends in drug overdose death rates.
            (B) Trends in emergency room utilization related
        
to drug overdose and the cost impact of emergency room utilization.
            (C) Trends in utilization of pre-hospital and
        
emergency services and the cost impact of emergency services utilization.
            (D) Suggested improvements in data collection.
            (E) A description of other interventions
        
effective in reducing the rate of fatal or nonfatal drug overdose.
    (b) Programs; drug overdose prevention.
        (1) The Director may establish a program to provide
    
for the production and publication, in electronic and other formats, of drug overdose prevention, recognition, and response literature. The Director may develop and disseminate curricula for use by professionals, organizations, individuals, or committees interested in the prevention of fatal and nonfatal drug overdose, including, but not limited to, drug users, jail and prison personnel, jail and prison inmates, drug treatment professionals, emergency medical personnel, hospital staff, families and associates of drug users, peace officers, firefighters, public safety officers, needle exchange program staff, and other persons. In addition to information regarding drug overdose prevention, recognition, and response, literature produced by the Department shall stress that drug use remains illegal and highly dangerous and that complete abstinence from illegal drug use is the healthiest choice. The literature shall provide information and resources for substance abuse treatment.
        The Director may establish or authorize programs for
    
prescribing, dispensing, or distributing naloxone hydrochloride or any other similarly acting and equally safe drug approved by the U.S. Food and Drug Administration for the treatment of drug overdose. Such programs may include the prescribing of naloxone hydrochloride or any other similarly acting and equally safe drug approved by the U.S. Food and Drug Administration for the treatment of drug overdose to and education about administration by individuals who are not personally at risk of opioid overdose.
        (2) The Director may provide advice to State and
    
local officials on the growing drug overdose crisis, including the prevalence of drug overdose incidents, trends in drug overdose incidents, and solutions to the drug overdose crisis.
    (c) Grants.
        (1) The Director may award grants, in accordance with
    
this subsection, to create or support local drug overdose prevention, recognition, and response projects. Local health departments, correctional institutions, hospitals, universities, community-based organizations, and faith-based organizations may apply to the Department for a grant under this subsection at the time and in the manner the Director prescribes.
        (2) In awarding grants, the Director shall consider
    
the necessity for overdose prevention projects in various settings and shall encourage all grant applicants to develop interventions that will be effective and viable in their local areas.
        (3) The Director shall give preference for grants to
    
proposals that, in addition to providing life-saving interventions and responses, provide information to drug users on how to access drug treatment or other strategies for abstaining from illegal drugs. The Director shall give preference to proposals that include one or more of the following elements:
            (A) Policies and projects to encourage persons,
        
including drug users, to call 911 when they witness a potentially fatal drug overdose.
            (B) Drug overdose prevention, recognition, and
        
response education projects in drug treatment centers, outreach programs, and other organizations that work with, or have access to, drug users and their families and communities.
            (C) Drug overdose recognition and response
        
training, including rescue breathing, in drug treatment centers and for other organizations that work with, or have access to, drug users and their families and communities.
            (D) The production and distribution of targeted
        
or mass media materials on drug overdose prevention and response.
            (E) Prescription and distribution of naloxone
        
hydrochloride or any other similarly acting and equally safe drug approved by the U.S. Food and Drug Administration for the treatment of drug overdose.
            (F) The institution of education and training
        
projects on drug overdose response and treatment for emergency services and law enforcement personnel.
            (G) A system of parent, family, and survivor
        
education and mutual support groups.
        (4) In addition to moneys appropriated by the General
    
Assembly, the Director may seek grants from private foundations, the federal government, and other sources to fund the grants under this Section and to fund an evaluation of the programs supported by the grants.
    (d) Health care professional prescription of drug overdose treatment medication.
        (1) A health care professional who, acting in good
    
faith, directly or by standing order, prescribes or dispenses an opioid antidote to a patient who, in the judgment of the health care professional, is capable of administering the drug in an emergency, shall not, as a result of his or her acts or omissions, be subject to disciplinary or other adverse action under the Medical Practice Act of 1987, the Physician Assistant Practice Act of 1987, the Nurse Practice Act, the Pharmacy Practice Act, or any other professional licensing statute.
        (2) A person who is not otherwise licensed to
    
administer an opioid antidote may in an emergency administer without fee an opioid antidote if the person has received the patient information specified in paragraph (4) of this subsection and believes in good faith that another person is experiencing a drug overdose. The person shall not, as a result of his or her acts or omissions, be liable for any violation of the Medical Practice Act of 1987, the Physician Assistant Practice Act of 1987, the Nurse Practice Act, the Pharmacy Practice Act, or any other professional licensing statute, or subject to any criminal prosecution arising from or related to the unauthorized practice of medicine or the possession of an opioid antidote.
        (3) A health care professional prescribing an opioid
    
antidote to a patient shall ensure that the patient receives the patient information specified in paragraph (4) of this subsection. Patient information may be provided by the health care professional or a community-based organization, substance abuse program, or other organization with which the health care professional establishes a written agreement that includes a description of how the organization will provide patient information, how employees or volunteers providing information will be trained, and standards for documenting the provision of patient information to patients. Provision of patient information shall be documented in the patient's medical record or through similar means as determined by agreement between the health care professional and the organization. The Director of the Division of Alcoholism and Substance Abuse, in consultation with statewide organizations representing physicians, advanced practice nurses, physician assistants, substance abuse programs, and other interested groups, shall develop and disseminate to health care professionals, community-based organizations, substance abuse programs, and other organizations training materials in video, electronic, or other formats to facilitate the provision of such patient information.
        (4) For the purposes of this subsection:
        "Opioid antidote" means naloxone hydrochloride or any
    
other similarly acting and equally safe drug approved by the U.S. Food and Drug Administration for the treatment of drug overdose.
        "Health care professional" means a physician licensed
    
to practice medicine in all its branches, a physician assistant who has been delegated the prescription or dispensation of an opioid antidote by his or her supervising physician, an advanced practice registered nurse who has a written collaborative agreement with a collaborating physician that authorizes the prescription or dispensation of an opioid antidote, or an advanced practice nurse who practices in a hospital or ambulatory surgical treatment center and possesses appropriate clinical privileges in accordance with the Nurse Practice Act.
        "Patient" includes a person who is not at risk of
    
opioid overdose but who, in the judgment of the physician, may be in a position to assist another individual during an overdose and who has received patient information as required in paragraph (2) of this subsection on the indications for and administration of an opioid antidote.
        "Patient information" includes information provided
    
to the patient on drug overdose prevention and recognition; how to perform rescue breathing and resuscitation; opioid antidote dosage and administration; the importance of calling 911; care for the overdose victim after administration of the overdose antidote; and other issues as necessary.
(Source: P.A. 96-361, eff. 1-1-10.)

20 ILCS 301/5-25

    (20 ILCS 301/5-25)
    Sec. 5-25. Eligibility for consideration for participation. Notwithstanding any other provision in this Act or rules promulgated under this Act to the contrary, unless expressly prohibited by federal law or regulation, all individuals, corporations, or other entities that provide treatment, whether organized as for-profit or not-for-profit entities, shall be eligible for consideration by the Department to participate in any program funded or administered by the Department. This Section shall not apply to the receipt of federal funds administered and transferred by the Department for services when the federal government has specifically provided that those funds may be received only by those entities organized as not-for-profit entities.
(Source: P.A. 89-392, eff. 8-20-95; 89-626, eff. 8-9-96.)

20 ILCS 301/Art. 10

 
    (20 ILCS 301/Art. 10 heading)
ARTICLE 10. ADVISORY COUNCILS AND COMMITTEES

20 ILCS 301/10-5

    (20 ILCS 301/10-5)
    Sec. 10-5. Illinois Advisory Council established. There is established the Illinois Advisory Council on Alcoholism and Other Drug Dependency. The members of the Council shall receive no compensation for their service but shall be reimbursed for all expenses actually and necessarily incurred by them in the performance of their duties under this Act, and within the amounts made available to them by the Department. The Council shall annually elect a presiding officer from among its membership. The Council shall meet quarterly or at the call of the Department, or at the call of its presiding officer, or upon the request of a majority of its members. The Department shall provide space and clerical and consulting services to the Council.
(Source: P.A. 94-1033, eff. 7-1-07.)

20 ILCS 301/10-10

    (20 ILCS 301/10-10)
    Sec. 10-10. Powers and duties of the Council. The Council shall:
        (a) Advise the Department on ways to encourage public
    
understanding and support of the Department's programs.
        (b) Advise the Department on regulations and
    
licensure proposed by the Department.
        (c) Advise the Department in the formulation,
    
preparation and implementation of the comprehensive State plan for prevention, intervention, treatment and relapse prevention of alcoholism and other drug abuse and dependency.
        (d) Advise the Department on implementation of
    
alcoholism and other drug abuse and dependency education and prevention programs throughout the State.
        (e) By January 1, 1995, and by January 1 of every
    
third year thereafter, in cooperation with the Committee on Women's Alcohol and Substance Abuse Treatment, submit to the Governor and General Assembly a planning document, specific to Illinois' female population. The document shall contain, but need not be limited to, interagency information concerning the types of services funded, the client population served, the support services available and provided during the preceding 3 year period, and the goals, objectives, proposed methods of achievement, client projections and cost estimate for the upcoming 3 year period. The document may include, if deemed necessary and appropriate, recommendations regarding the reorganization of the Department to enhance and increase prevention, treatment and support services available to women.
        (f) Perform other duties as requested by the
    
Secretary.
        (g) Advise the Department in the planning,
    
development, and coordination of programs among all agencies and departments of State government, including programs to reduce alcoholism and drug addiction, prevent the use of illegal drugs and abuse of legal drugs by persons of all ages, and prevent the use of alcohol by minors.
        (h) Promote and encourage participation by the
    
private sector, including business, industry, labor, and the media, in programs to prevent alcoholism and other drug abuse and dependency.
        (i) Encourage the implementation of programs to
    
prevent alcoholism and other drug abuse and dependency in the public and private schools and educational institutions, including establishment of alcoholism and other drug abuse and dependency programs.
        (j) Gather information, conduct hearings, and make
    
recommendations to the Secretary concerning additions, deletions, or rescheduling of substances under the Illinois Controlled Substances Act.
        (k) Report annually to the General Assembly regarding
    
the activities and recommendations made by the Council.
    With the advice and consent of the Secretary, the presiding officer shall annually appoint a Special Committee on Licensure, which shall advise the Secretary on particular cases on which the Department intends to take action that is adverse to an applicant or license holder, and shall review an annual report submitted by the Secretary summarizing all licensure sanctions imposed by the Department.
(Source: P.A. 94-1033, eff. 7-1-07.)

20 ILCS 301/10-15

    (20 ILCS 301/10-15)
    Sec. 10-15. Qualification and appointment of members. The membership of the Illinois Advisory Council shall consist of:
        (a) A State's Attorney designated by the President of
    
the Illinois State's Attorneys Association.
        (b) A judge designated by the Chief Justice of the
    
Illinois Supreme Court.
        (c) A Public Defender appointed by the President of
    
the Illinois Public Defenders Association.
        (d) A local law enforcement officer appointed by the
    
Governor.
        (e) A labor representative appointed by the Governor.
        (f) An educator appointed by the Governor.
        (g) A physician licensed to practice medicine in all
    
its branches appointed by the Governor with due regard for the appointee's knowledge of the field of alcoholism and other drug abuse and dependency.
        (h) 4 members of the Illinois House of
    
Representatives, 2 each appointed by the Speaker and Minority Leader.
        (i) 4 members of the Illinois Senate, 2 each
    
appointed by the President and Minority Leader.
        (j) The President of the Illinois Alcoholism and Drug
    
Dependence Association.
        (k) An advocate for the needs of youth appointed by
    
the Governor.
        (l) The President of the Illinois State Medical
    
Society or his or her designee.
        (m) The President of the Illinois Hospital
    
Association or his or her designee.
        (n) The President of the Illinois Nurses Association
    
or a registered nurse designated by the President.
        (o) The President of the Illinois Pharmacists
    
Association or a licensed pharmacist designated by the President.
        (p) The President of the Illinois Chapter of the
    
Association of Labor Management Administrators and Consultants on Alcoholism.
        (p-1) The President of the Community Behavioral
    
Healthcare Association of Illinois or his or her designee.
        (q) The Attorney General or his or her designee.
        (r) The State Comptroller or his or her designee.
        (s) 20 public members, 8 appointed by the Governor, 3
    
of whom shall be representatives of alcoholism or other drug abuse and dependency treatment programs and one of whom shall be a representative of a manufacturer or importing distributor of alcoholic liquor licensed by the State of Illinois, and 3 public members appointed by each of the President and Minority Leader of the Senate and the Speaker and Minority Leader of the House.
        (t) The Director, Secretary, or other chief
    
administrative officer, ex officio, or his or her designee, of each of the following: the Department on Aging, the Department of Children and Family Services, the Department of Corrections, the Department of Juvenile Justice, the Department of Healthcare and Family Services, the Department of Revenue, the Department of Public Health, the Department of Financial and Professional Regulation, the Department of State Police, the Administrative Office of the Illinois Courts, the Criminal Justice Information Authority, and the Department of Transportation.
        (u) Each of the following, ex officio, or his or her
    
designee: the Secretary of State, the State Superintendent of Education, and the Chairman of the Board of Higher Education.
    The public members may not be officers or employees of the executive branch of State government; however, the public members may be officers or employees of a State college or university or of any law enforcement agency. In appointing members, due consideration shall be given to the experience of appointees in the fields of medicine, law, prevention, correctional activities, and social welfare. Vacancies in the public membership shall be filled for the unexpired term by appointment in like manner as for original appointments, and the appointive members shall serve until their successors are appointed and have qualified. Vacancies among the public members appointed by the legislative leaders shall be filled by the leader of the same house and of the same political party as the leader who originally appointed the member.
    Each non-appointive member may designate a representative to serve in his place by written notice to the Department. All General Assembly members shall serve until their respective successors are appointed or until termination of their legislative service, whichever occurs first. The terms of office for each of the members appointed by the Governor shall be for 3 years, except that of the members first appointed, 3 shall be appointed for a term of one year, and 4 shall be appointed for a term of 2 years. The terms of office of each of the public members appointed by the legislative leaders shall be for 2 years.
(Source: P.A. 94-1033, eff. 7-1-07.)

20 ILCS 301/10-20

    (20 ILCS 301/10-20)
    Sec. 10-20. Committee on Women's Alcohol and Substance Abuse Treatment established. There is established a Committee on Women's Alcohol and Substance Abuse Treatment of the Illinois Advisory Council on Alcoholism and Other Drug Dependency. Members shall serve without compensation but shall be reimbursed for any ordinary and necessary expenses incurred in the performance of their duties. The chairperson of the Council shall annually appoint a chairperson for the Committee on Women's Alcohol and Substance Abuse Treatment from among the membership of the Council. The Committee shall meet no less often than quarterly and at other times at the call of its chair or a majority of its members.
(Source: P.A. 88-80.)

20 ILCS 301/10-25

    (20 ILCS 301/10-25)
    Sec. 10-25. Powers and duties of the Committee. The Committee shall have the following powers and duties:
        (a) To advise the Council and the Secretary in the
    
development of intervention, prevention and treatment objectives and standards, educational and outreach programs, and support services specific to the needs of women.
        (b) To advise the Council and the Secretary in the
    
formulation, preparation and implementation of a State plan for intervention, prevention and treatment of alcoholism and other drug abuse and dependency targeted to women.
        (c) To advise the Council and the Secretary regarding
    
strategies to enhance service delivery to women.
        (d) To advise the Council and the Secretary in the
    
development and implementation of a State plan, in conjunction with the Department of Children and Family Services, to provide child care services, at no or low cost, to addicted mothers with children who are receiving substance abuse treatment services.
        (e) By December 1, 1994, and by December 1 of every
    
third year thereafter, to prepare and submit to the Council for approval a planning document specific to Illinois' female population. The document shall contain, but need not be limited to, interagency information concerning the types of services funded, the client population served, the support services available and provided during the preceding 3 year period, and the goals, objectives, proposed methods of achievement, client projections and cost estimate for the upcoming 3 year period. The document may include, if deemed necessary and appropriate, recommendations regarding the reorganization of the Department to enhance and increase prevention, treatment and support services available to women.
        (f) perform other duties as requested by the Council
    
or the Secretary.
(Source: P.A. 88-80; 89-507, eff. 7-1-97.)

20 ILCS 301/10-30

    (20 ILCS 301/10-30)
    Sec. 10-30. Membership.
    (a) The Committee shall be composed of 15 individuals appointed by the chairperson of the Council, with the advice and consent of the Secretary, from among the medical and substance abuse prevention and treatment communities who have expertise and experience in women-specific programming and representatives of appropriate public agencies. Members may be, but need not be, members of the Council.
    (b) Members shall serve 3-year terms and until their successors are appointed and qualified, except that of the initial appointments, 5 members shall be appointed for one year, 5 members shall be appointed for 2 years, and 5 members shall be appointed for 3 years and until their successors are appointed and qualified. Appointments to fill vacancies shall be made in the same manner as the original appointments, for the unexpired portion of the vacated term. Initial terms shall begin on January 1, 1994. The chairperson of the Council shall annually appoint a chairperson from among the membership of the Committee.
(Source: P.A. 88-80; 89-507, eff. 7-1-97.)

20 ILCS 301/10-35

    (20 ILCS 301/10-35)
    Sec. 10-35. Other committees of the Illinois Advisory Council. The Illinois Advisory Council may, in its operating policies and procedures, provide for the creation of such other Committees as it deems necessary to carry out its duties.
(Source: P.A. 88-80.)

20 ILCS 301/10-40

    (20 ILCS 301/10-40)
    Sec. 10-40. (Repealed).
(Source: P.A. 89-507, eff. 7-1-97. Repealed by P.A. 94-1033, eff. 7-1-07.)

20 ILCS 301/10-45

    (20 ILCS 301/10-45)
    Sec. 10-45. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 94-1033, eff. 7-1-07.)

20 ILCS 301/10-50

    (20 ILCS 301/10-50)
    Sec. 10-50. (Repealed).
(Source: P.A. 89-507, eff. 7-1-97. Repealed by P.A. 94-1033, eff. 7-1-07.)

20 ILCS 301/10-55

    (20 ILCS 301/10-55)
    Sec. 10-55. Medical Advisory Committee. The Secretary shall appoint a Medical Advisory Committee to the Department, consisting of up to 15 physicians licensed to practice medicine in all of its branches in Illinois who shall serve in an advisory capacity to the Secretary. The membership of the Medical Advisory Committee shall reasonably reflect representation from the geographic areas and the range of alcoholism and other drug abuse and dependency service providers in the State. In making appointments, the Secretary shall give consideration to recommendations made by the Illinois State Medical Society and other appropriate professional organizations. All appointments shall be made with regard to the interest and expertise of the individual with regard to alcoholism and other drug abuse and dependency services. At a minimum, those appointed to the Committee shall include representatives of Board-certified psychiatrists, community-based and hospital-based alcoholism or other drug dependency treatment programs, and Illinois medical schools.
    Members shall serve 3-year terms and until their successors are appointed and qualified, except that of the initial appointments, one-third of the members shall be appointed for one year, one-third shall be appointed for 2 years, and one-third shall be appointed for 3 years and until their successors are appointed and qualified. Appointments to fill vacancies shall be made in the same manner as the original appointments, for the unexpired portion of the vacated term. Initial terms shall begin on January 1, 1994. Members shall elect a chairperson annually from among their membership.
(Source: P.A. 88-80; 89-507, eff. 7-1-97.)

20 ILCS 301/10-60

    (20 ILCS 301/10-60)
    Sec. 10-60. Powers and duties of the Medical Advisory Committee. The Medical Advisory Committee shall consult with and advise the Department on clinical procedures, medical technology, medical practice and standards, and other such matters as the Secretary may from time to time assign to it. The members of the Medical Advisory Committee shall receive no compensation for their service, but shall be reimbursed for all expenses actually and necessarily incurred by them in the performance of their duties under this Act. The Medical Advisory Committee shall meet as frequently as the Secretary deems necessary. Upon the request of a majority of its members, the Secretary shall call a meeting of the Medical Advisory Committee.
(Source: P.A. 88-80; 89-507, eff. 7-1-97.)

20 ILCS 301/Art. 15

 
    (20 ILCS 301/Art. 15 heading)
ARTICLE 15. LICENSURE

20 ILCS 301/15-5

    (20 ILCS 301/15-5)
    Sec. 15-5. Applicability.
    (a) It is unlawful for any person to provide treatment for alcoholism and other drug abuse or dependency or to provide services as specified in subsections (c), (d), (e), and (f) of Section 15-10 of this Act unless the person is licensed to do so by the Department. The performance of these activities by any person in violation of this Act is declared to be inimical to the public health and welfare, and to be a public nuisance. The Department may undertake such inspections and investigations as it deems appropriate to determine whether licensable activities are being conducted without the requisite license.
    (b) Nothing in this Act shall be construed to require any hospital, as defined by the Hospital Licensing Act, required to have a license from the Department of Public Health pursuant to the Hospital Licensing Act to obtain any license under this Act for any alcoholism and other drug dependency treatment services operated on the licensed premises of the hospital, and operated by the hospital or its designated agent, provided that such services are covered within the scope of the Hospital Licensing Act. No person or facility required to be licensed under this Act shall be required to obtain a license pursuant to the Hospital Licensing Act or the Child Care Act of 1969.
    (c) Nothing in this Act shall be construed to require an individual employee of a licensed program to be licensed under this Act.
    (d) Nothing in this Act shall be construed to require any private professional practice, whether by an individual practitioner, by a partnership, or by a duly incorporated professional service corporation, that provides outpatient treatment for alcoholism and other drug abuse to be licensed under this Act, provided that the treatment is rendered personally by the professional in his own name and the professional is authorized by individual professional licensure or registration from the Department of Professional Regulation to do such treatment unsupervised. This exemption shall not apply to such private professional practice which specializes primarily or exclusively in the treatment of alcoholism and other drug abuse. This exemption shall also not apply to intervention services, research, or residential treatment services as defined in this Act or by rule.
    Notwithstanding any other provisions of this subsection to the contrary, persons licensed to practice medicine in all of its branches in Illinois shall not require licensure under this Act unless their private professional practice specializes exclusively in the treatment of alcoholism and other drug abuse.
    (e) Nothing in this Act shall be construed to require any employee assistance program operated by an employer or any intervenor program operated by a professional association to obtain any license pursuant to this Act to perform services that do not constitute licensable treatment or intervention as defined in this Act.
    (f) Before any violation of this Act is reported by the Department or any of its agents to any State's Attorney for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the Department or its designated agent, either orally or in writing, in person or by an attorney, with regard to such contemplated proceeding. Nothing in this Act shall be construed as requiring the Department to report minor violations of this Act whenever the Department believes that the public interest would be adequately served by a suitable written notice or warning.
(Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-507, eff. 7-1-97.)

20 ILCS 301/15-10

    (20 ILCS 301/15-10)
    Sec. 15-10. Licensure categories. No person or program may provide the services or conduct the activities described in this Section without first obtaining a license therefor from the Department. The Department shall, by rule, provide licensure requirements for each of the following categories of service:
        (a) Residential treatment for alcoholism and other
    
drug dependency, sub-acute inpatient treatment, clinically managed or medically monitored detoxification, and residential extended care (formerly halfway house).
        (b) Outpatient treatment for alcoholism and other
    
drug abuse and dependency.
        (c) The screening, assessment, referral or tracking
    
of clients identified by the criminal justice system as having indications of alcoholism or other drug abuse or dependency.
        (d) D.U.I. evaluation services for Illinois courts
    
and the Secretary of State.
        (e) D.U.I. remedial education services for Illinois
    
courts or the Secretary of State.
        (f) Recovery home services for persons in early
    
recovery from substance abuse or for persons who have recently completed or who may still be receiving substance abuse treatment services.
    The Department may, under procedures established by rule and upon a showing of good cause for such, exempt off-site services from having to obtain a separate license for services conducted away from the provider's primary service location.
(Source: P.A. 94-1033, eff. 7-1-07.)

20 ILCS 301/15-15

    (20 ILCS 301/15-15)
    Sec. 15-15. Licensure process.
    (a) Each application for licensure under this Act shall be in writing and on forms provided by the Department. Such application shall be accompanied by the required fee, which shall be non-refundable, and shall be signed by the applicant. In the case of corporate applicants, the application shall be signed by at least 2 officers who have been vested with the authority to act on behalf of the applicant. In the case of partnership or association applicants, the application shall be signed by all partners or associates.
    (b) Upon receipt of a completed application for licensure and the appropriate fee, the Department shall issue a license if it finds that the applicant meets the requirements established by regulation for the particular license.
(Source: P.A. 88-80; 89-507, eff. 7-1-97.)

20 ILCS 301/15-20

    (20 ILCS 301/15-20)
    Sec. 15-20. Fees. The Department shall charge a reasonable fee, as determined by rule, for each licensure category at each site at which activities requiring licensure are to be conducted. No fee shall be required for off-site services, or for services provided by a unit of government. The Department may, under procedures developed by rule, waive all or part of the licensure fee which would otherwise be due from providers funded by the Department. All license fees collected under this Act shall be deposited into the General Revenue Fund.
(Source: P.A. 88-80.)

20 ILCS 301/15-25

    (20 ILCS 301/15-25)
    Sec. 15-25. Renewal of license. The expiration date and renewal period for each license issued under this Act shall be set by rule. The Department may establish procedures to extend the usual expiration date of a license upon a satisfactory showing of compliance with applicable standards.
(Source: P.A. 88-80.)

20 ILCS 301/15-30

    (20 ILCS 301/15-30)
    Sec. 15-30. Transfer of ownership, management or location.
    (a) Each license issued by the Department shall be valid only for the premises and persons named in the application, and shall not be transferable.
    (b) Any transfer of 25% or less in the aggregate ownership interest within a one year period shall not be deemed a transfer for purposes of this Section.
(Source: P.A. 88-80.)

20 ILCS 301/15-35

    (20 ILCS 301/15-35)
    Sec. 15-35. Cessation of operations. The Department shall promulgate regulations to establish a procedure to be followed by a licensee who ceases operations.
(Source: P.A. 88-80.)

20 ILCS 301/15-40

    (20 ILCS 301/15-40)
    Sec. 15-40. Display of the license. Licenses shall be posted in a conspicuous place on the licensed premises.
(Source: P.A. 88-80.)

20 ILCS 301/15-45

    (20 ILCS 301/15-45)
    Sec. 15-45. Notice. For the purposes of this Act, the notice required under Section 10-25 of the Illinois Administrative Procedure Act is deemed sufficient when mailed to the last known address of a party.
(Source: P.A. 91-357, eff. 7-29-99.)

20 ILCS 301/Art. 20

 
    (20 ILCS 301/Art. 20 heading)
ARTICLE 20. EDUCATION, PREVENTION AND
EARLY INTERVENTION PROGRAMS

20 ILCS 301/20-5

    (20 ILCS 301/20-5)
    Sec. 20-5. Development of statewide prevention system.
    (a) The Department shall develop and implement a comprehensive, statewide, community-based strategy to reduce alcoholism, prevent the use of illegal drugs and the abuse of legal drugs by persons of all ages, and to prevent the use of alcohol by minors. The system created to implement this strategy shall be based on the premise that coordination among and integration between all community and governmental systems will facilitate effective and efficient program implementation and utilization of existing resources.
    (b) The statewide system developed under this Section shall be responsible for:
        (1) providing programs and technical assistance to
    
improve the ability of Illinois communities and schools to develop, implement and evaluate prevention programs.
        (2) initiating and fostering continuing cooperation
    
among the Department, Department-funded prevention programs, other community-based prevention providers and other State or local systems or agencies which have an interest in alcohol and other drug use or abuse prevention.
    (c) In developing and implementing this statewide strategy and system, the Department may engage in, but shall not be limited to, the following activities:
        (1) establishing and conducting programs to provide
    
awareness and knowledge of the nature and extent of alcohol and other drug use, abuse and dependency and their effects on individuals, families and communities.
        (2) conducting or providing prevention skill building
    
or education through the use of structured experiences.
        (3) developing or supporting existing local community
    
coalitions or neighborhood-based grassroots networks using action planning and collaborative systems to initiate change regarding alcohol and other drug use and abuse in their community.
        (4) encouraging and supporting programs and
    
activities that emphasize alcohol and other drug-free socialization.
        (5) drafting and implementing efficient plans for the
    
use of available resources to address issues of alcohol and other drug abuse prevention.
        (6) coordinating local programs of alcoholism and
    
other drug abuse education and prevention.
        (7) encouraging the development of local advisory
    
councils.
    (d) In providing leadership to this system, the Department shall take into account, wherever possible, the needs and requirements of local communities. The Department shall also involve, wherever possible, local communities in its statewide planning efforts. These planning efforts shall include, but shall not be limited to, in cooperation with local community representatives and Department-funded agencies, the analysis and application of results of local needs assessments, as well as a process for the integration of an evaluation component into the system. The results of this collaborative planning effort shall be taken into account by the Department in making decisions regarding the allocation of prevention resources.
    (e) Prevention programs funded in whole or in part by the Department shall maintain staff whose skills, training, experiences and cultural awareness demonstrably match the needs of the people they are serving.
    (f) The Department may delegate the functions and activities described in subsection (c) of this Section to local, community-based providers.
(Source: P.A. 88-80.)

20 ILCS 301/20-10

    (20 ILCS 301/20-10)
    Sec. 20-10. Early intervention programs.
    (a) For purposes of this Section, "early intervention" means education, counseling and support services provided to individuals at high risk of developing an alcohol or other drug abuse or dependency. Early intervention programs are delivered in one-to-one, group or family service settings by people who are trained to educate, screen, assess, counsel and refer the high risk individual. Early intervention refers to unlicensed programs which provide services to individuals and groups who have a high risk of developing alcoholism or other drug addiction or dependency. It does not refer to DUI, detoxification or treatment programs which require licensing. "Individuals at high risk" refers to, but is not limited to, those who exhibit one or more of the risk factors listed in subsection (b) of this Section.
    (b) As part of its comprehensive array of services, the Department may fund early intervention programs. In doing so, the Department shall account for local requirements and involve as much as possible of the local community. The funded programs shall include services initiated or adapted to meet the needs of individuals experiencing one or more of the following risk factors:
        (1) child of a substance abuser.
        (2) victim of physical, sexual or psychological abuse.
        (3) school drop-out.
        (4) teen pregnancy.
        (5) economically and/or environmentally disadvantaged.
        (6) commitment of a violent, delinquent or criminal
    
offense.
        (7) mental health problems.
        (8) attempted suicide.
        (9) long-term physical pain due to injury.
        (10) chronic failure in school.
        (11) consequences due to alcohol or other drug abuse.
    (c) The Department may fund early intervention services. Early intervention programs funded entirely or in part by the Department must include the following components:
        (1) coping skills training.
        (2) education regarding the appearance and dynamics
    
of dysfunction within the family.
        (3) support group opportunities for children and
    
families.
        (4) education regarding the diseases of alcoholism
    
and other drug addiction.
        (5) screening regarding the need for treatment or
    
other services.
    (d) Early intervention programs funded in whole or in part by the Department shall maintain individual records for each person who receives early intervention services. Any and all such records shall be maintained in accordance with the provisions of 42 CFR 2, "Confidentiality of Alcohol and Drug Abuse Patient Records" and other pertinent State and federal laws. Such records shall include:
        (1) basic demographic information.
        (2) a description of the presenting problem.
        (3) an assessment of risk factors.
        (4) a service plan.
        (5) progress notes.
        (6) a closing summary.
    (e) Early intervention programs funded in whole or in part by the Department shall maintain staff whose skills, training, experiences and cultural awareness demonstrably match the needs of the people they are serving.
    (f) The Department may, at its discretion, impose on early intervention programs which it funds such additional requirements as it may deem necessary or appropriate.
(Source: P.A. 88-80; 89-202, eff. 7-21-95.)

20 ILCS 301/20-15

    (20 ILCS 301/20-15)
    Sec. 20-15. Steroid education program. The Department may develop and implement a statewide steroid education program to alert the public, and particularly Illinois physicians, other health care professionals, educators, student athletes, health club personnel, persons engaged in the coaching and supervision of high school and college athletics, and other groups determined by the Department to be likely to come into contact with anabolic steroid abusers to the dangers and adverse effects of abusing anabolic steroids, and to train these individuals to recognize the symptoms and side effects of anabolic steroid abuse. Such education and training may also include information regarding the eduction and appropriate referral of persons identified as probable or actual anabolic steroid abusers. The advice of the Illinois Advisory Council established by Section 10-5 of this Act shall be sought in the development of any program established under this Section.
(Source: P.A. 88-80.)

20 ILCS 301/Art. 25

 
    (20 ILCS 301/Art. 25 heading)
ARTICLE 25. COMPREHENSIVE TREATMENT SERVICES

20 ILCS 301/25-5

    (20 ILCS 301/25-5)
    Sec. 25-5. Establishment of comprehensive treatment system. The Department shall develop, fund and implement a comprehensive, statewide, community-based system for the provision of a full array of intervention, treatment and aftercare for persons suffering from alcohol and other drug abuse and dependency. The system created under this Section shall be based on the premise that coordination among and integration between all community and governmental systems will facilitate effective and efficient program implementation and utilization of existing resources.
(Source: P.A. 88-80.)

20 ILCS 301/25-10

    (20 ILCS 301/25-10)
    Sec. 25-10. Promulgation of regulations. The Department shall adopt regulations for acceptance of persons for treatment, taking into consideration available resources and facilities, for the purpose of early and effective treatment of alcoholism and other drug abuse and dependency.
(Source: P.A. 88-80.)

20 ILCS 301/25-15

    (20 ILCS 301/25-15)
    Sec. 25-15. Emergency treatment.
    (a) An intoxicated person may come voluntarily to a treatment facility for emergency treatment. A person who appears to be intoxicated in a public place and who may be a danger to himself or others may be assisted to his home, a treatment facility or other health facility either directly by the police or through an intermediary person.
    (b) A person who appears to be unconscious or in immediate need of emergency medical services while in a public place and who shows symptoms of impairment brought on by alcoholism or other drug abuse or dependency may be taken into protective custody by the police and forthwith brought to an emergency medical service. A person who is otherwise incapacitated while in a public place and who shows symptoms of alcoholism or other drug abuse or dependency may be taken into custody and forthwith brought to a facility available for detoxification. The police in detaining the person shall take him into protective custody only, which shall not constitute an arrest. No entry or other record shall be made to indicate that the person has been arrested or charged with a crime. The detaining officer may take reasonable steps to protect himself from harm.
(Source: P.A. 88-80.)

20 ILCS 301/25-20

    (20 ILCS 301/25-20)
    Sec. 25-20. Applicability of patients' rights. All persons who are receiving or who have received intervention, treatment or aftercare services under this Act shall be afforded those rights enumerated in Article 30.
(Source: P.A. 88-80.)

20 ILCS 301/Art. 30

 
    (20 ILCS 301/Art. 30 heading)
ARTICLE 30. PATIENTS' RIGHTS

20 ILCS 301/30-5

    (20 ILCS 301/30-5)
    Sec. 30-5. Patients' rights established.
    (a) For purposes of this Section, "patient" means any person who is receiving or has received intervention, treatment or aftercare services under this Act.
    (b) No patient who is receiving or who has received intervention, treatment or aftercare services under this Act shall be deprived of any rights, benefits, or privileges guaranteed by law, the Constitution of the United States of America, or the Constitution of the State of Illinois solely because of his status as a patient of a program.
    (c) Persons who abuse or are dependent on alcohol or other drugs who are also suffering from medical conditions shall not be discriminated against in admission or treatment by any hospital which receives support in any form from any program supported in whole or in part by funds appropriated to any State department or agency.
    (d) Every patient shall have impartial access to services without regard to race, religion, sex, ethnicity, age or handicap.
    (e) Patients shall be permitted the free exercise of religion.
    (f) Every patient's personal dignity shall be recognized in the provision of services, and a patient's personal privacy shall be assured and protected within the constraints of his individual treatment plan.
    (g) Treatment services shall be provided in the least restrictive environment possible.
    (h) Each patient shall be provided an individual treatment plan, which shall be periodically reviewed and updated as necessary.
    (i) Every patient shall be permitted to participate in the planning of his total care and medical treatment to the extent that his condition permits.
    (j) A person shall not be denied treatment solely because he has withdrawn from treatment against medical advice on a prior occasion or because he has relapsed after earlier treatment or, when in medical crisis, because of inability to pay.
    (k) The patient in treatment shall be permitted visits by family and significant others, unless such visits are clinically contraindicated.
    (l) A patient in treatment shall be allowed to conduct private telephone conversations with family and friends unless clinically contraindicated.
    (m) A patient shall be permitted to send and receive mail without hindrance, unless clinically contraindicated.
    (n) A patient shall be permitted to manage his own financial affairs unless he or his guardian, or if the patient is a minor, his parent, authorizes another competent person to do so.
    (o) A patient shall be permitted to request the opinion of a consultant at his own expense, or to request an in-house review of a treatment plan, as provided in the specific procedures of the provider. A treatment provider is not liable for the negligence of any consultant.
    (p) Unless otherwise prohibited by State or federal law, every patient shall be permitted to obtain from his own physician, the treatment provider or the treatment provider's consulting physician complete and current information concerning the nature of care, procedures and treatment which he will receive.
    (q) A patient shall be permitted to refuse to participate in any experimental research or medical procedure without compromising his access to other, non-experimental services. Before a patient is placed in an experimental research or medical procedure, the provider must first obtain his informed written consent or otherwise comply with the federal requirements regarding the protection of human subjects contained in 45 C.F.R. Part 46.
    (r) All medical treatment and procedures shall be administered as ordered by a physician. In order to assure compliance by the treatment program with all physician orders, all new physician orders shall be reviewed by the treatment program's staff within a reasonable period of time after such orders have been issued. "Medical treatment and procedures" means those services that can be ordered only by a physician licensed to practice medicine in all of its branches in Illinois.
    (s) Every patient shall be permitted to refuse medical treatment and to know the consequences of such action. Such refusal by a patient shall free the treatment program from the obligation to provide the treatment.
    (t) Unless otherwise prohibited by State or federal law, every patient, patient's guardian, or parent, if the patient is a minor, shall be permitted to inspect and copy all clinical and other records kept by the treatment program or by his physician concerning his care and maintenance. The treatment program or physician may charge a reasonable fee for the duplication of a record.
    (u) No owner, licensee, administrator, employee or agent of a treatment program shall abuse or neglect a patient. It is the duty of any program employee or agent who becomes aware of such abuse or neglect to report it to the Department immediately.
    (v) The administrator of a program may refuse access to the program to any person if the actions of that person while in the program are or could be injurious to the health and safety of a patient or the program, or if the person seeks access to the program for commercial purposes.
    (w) A patient may be discharged from a program after he gives the administrator written notice of his desire to be discharged or upon completion of his prescribed course of treatment. No patient shall be discharged or transferred without the preparation of a post-treatment aftercare plan by the program.
    (x) Patients and their families or legal guardians shall have the right to present complaints concerning the quality of care provided to the patient, without threat of discharge or reprisal in any form or manner whatsoever. The treatment provider shall have in place a mechanism for receiving and responding to such complaints, and shall inform the patient and his family or legal guardian of this mechanism and how to use it. The provider shall analyze any complaint received and, when indicated, take appropriate corrective action. Every patient and his family member or legal guardian who makes a complaint shall receive a timely response from the provider which substantively addresses the complaint. The provider shall inform the patient and his family or legal guardian about other sources of assistance if the provider has not resolved the complaint to the satisfaction of the patient or his family or legal guardian.
    (y) A resident may refuse to perform labor at a program unless such labor is a part of his individual treatment program as documented in his clinical record.
    (z) A person who is in need of treatment may apply for voluntary admission to a treatment program in the manner and with the rights provided for under regulations promulgated by the Department. If a person is refused admission to a licensed treatment program, the staff of the program, subject to rules promulgated by the Department, shall refer the person to another treatment or other appropriate program.
    (aa) No patient shall be denied services based solely on HIV status. Further, records and information governed by the AIDS Confidentiality Act and the AIDS Confidentiality and Testing Code (77 Ill. Adm. Code 697) shall be maintained in accordance therewith.
    (bb) Records of the identity, diagnosis, prognosis or treatment of any patient maintained in connection with the performance of any program or activity relating to alcohol or other drug abuse or dependency education, early intervention, intervention, training, treatment or rehabilitation which is regulated, authorized, or directly or indirectly assisted by any Department or agency of this State or under any provision of this Act shall be confidential and may be disclosed only in accordance with the provisions of federal law and regulations concerning the confidentiality of alcohol and drug abuse patient records as contained in 42 U.S.C. Sections 290dd-3 and 290ee-3 and 42 C.F.R. Part 2.
        (1) The following are exempt from the confidentiality
    
protections set forth in 42 C.F.R. Section 2.12(c):
            (A) Veteran's Administration records.
            (B) Information obtained by the Armed Forces.
            (C) Information given to qualified service
        
organizations.
            (D) Communications within a program or between a
        
program and an entity having direct administrative control over that program.
            (E) Information given to law enforcement
        
personnel investigating a patient's commission of a crime on the program premises or against program personnel.
            (F) Reports under State law of incidents of
        
suspected child abuse and neglect; however, confidentiality restrictions continue to apply to the records and any follow-up information for disclosure and use in civil or criminal proceedings arising from the report of suspected abuse or neglect.
        (2) If the information is not exempt, a disclosure
    
can be made only under the following circumstances:
            (A) With patient consent as set forth in 42
        
C.F.R. Sections 2.1(b)(1) and 2.31, and as consistent with pertinent State law.
            (B) For medical emergencies as set forth in 42
        
C.F.R. Sections 2.1(b)(2) and 2.51.
            (C) For research activities as set forth in 42
        
C.F.R. Sections 2.1(b)(2) and 2.52.
            (D) For audit evaluation activities as set forth
        
in 42 C.F.R. Section 2.53.
            (E) With a court order as set forth in 42 C.F.R.
        
Sections 2.61 through 2.67.
        (3) The restrictions on disclosure and use of patient
    
information apply whether the holder of the information already has it, has other means of obtaining it, is a law enforcement or other official, has obtained a subpoena, or asserts any other justification for a disclosure or use which is not permitted by 42 C.F.R. Part 2. Any court orders authorizing disclosure of patient records under this Act must comply with the procedures and criteria set forth in 42 C.F.R. Sections 2.64 and 2.65. Except as authorized by a court order granted under this Section, no record referred to in this Section may be used to initiate or substantiate any charges against a patient or to conduct any investigation of a patient.
        (4) The prohibitions of this subsection shall apply
    
to records concerning any person who has been a patient, regardless of whether or when he ceases to be a patient.
        (5) Any person who discloses the content of any
    
record referred to in this Section except as authorized shall, upon conviction, be guilty of a Class A misdemeanor.
        (6) The Department shall prescribe regulations to
    
carry out the purposes of this subsection. These regulations may contain such definitions, and may provide for such safeguards and procedures, including procedures and criteria for the issuance and scope of court orders, as in the judgment of the Department are necessary or proper to effectuate the purposes of this Section, to prevent circumvention or evasion thereof, or to facilitate compliance therewith.
    (cc) Each patient shall be given a written explanation of all the rights enumerated in this Section. If a patient is unable to read such written explanation, it shall be read to the patient in a language that the patient understands. A copy of all the rights enumerated in this Section shall be posted in a conspicuous place within the program where it may readily be seen and read by program patients and visitors.
    (dd) The program shall ensure that its staff is familiar with and observes the rights and responsibilities enumerated in this Section.
(Source: P.A. 90-655, eff. 7-30-98.)

20 ILCS 301/Art. 35

 
    (20 ILCS 301/Art. 35 heading)
ARTICLE 35. SPECIAL SERVICES FOR
PREGNANT WOMEN AND MOTHERS

20 ILCS 301/35-5

    (20 ILCS 301/35-5)
    Sec. 35-5. Services for pregnant women and mothers.
    (a) In order to promote a comprehensive, statewide and multidisciplinary approach to serving addicted pregnant women and mothers, including those who are minors, and their children who are affected by alcoholism and other drug abuse or dependency, the Department shall have responsibility for an ongoing exchange of referral information, as set forth in subsections (b) and (c) of this Section, among the following:
        (1) those who provide medical and social services to
    
pregnant women, mothers and their children, whether or not there exists evidence of alcoholism or other drug abuse or dependency. These include providers in the Healthy Moms/Healthy Kids program, the Drug Free Families With a Future program, the Parents Too Soon program, and any other State-funded medical or social service programs which provide services to pregnant women.
        (2) providers of treatment services to women affected
    
by alcoholism or other drug abuse or dependency.
    (b) The Department may, in conjunction with the Departments of Children and Family Services, Public Health and Public Aid, develop and maintain an updated and comprehensive list of medical and social service providers by geographic region. The Department may periodically send this comprehensive list of medical and social service providers to all providers of treatment for alcoholism and other drug abuse and dependency, identified under subsection (f) of this Section, so that appropriate referrals can be made. The Department shall obtain the specific consent of each provider of services before publishing, distributing, verbally making information available for purposes of referral, or otherwise publicizing the availability of services from a provider. The Department may make information concerning availability of services available to recipients, but may not require recipients to specific sources of care.
    (c) The Department may, on an ongoing basis, keep all medical and social service providers identified under subsection (b) of this Section informed about any relevant changes in any laws relating to alcoholism and other drug abuse and dependency, about services that are available from any State agencies for addicted pregnant women and addicted mothers and their children, and about any other developments that the Department finds to be informative.
    (d) All providers of treatment for alcoholism and other drug abuse and dependency may receive information from the Department on the availability of services under the Drug Free Families with a Future or any comparable program providing case management services for alcoholic or addicted women, including information on appropriate referrals for other services that may be needed in addition to treatment.
    (e) The Department may implement the policies and programs set forth in this Section with the advice of the Committee on Women's Alcohol and Substance Abuse Treatment created under Section 10-20 of this Act.
    (f) The Department shall develop and maintain an updated and comprehensive directory of service providers that provide treatment services to pregnant women, mothers, and their children in this State. The Department shall disseminate an updated directory as often as is necessary to the list of medical and social service providers compiled under subsection (b) of this Section. The Department shall obtain the specific consent of each provider of services before publishing, distributing, verbally making information available for purposes of referral or otherwise using or publicizing the availability of services from a provider. The Department may make information concerning availability of services available to recipients, but may not require recipients to use specific sources of care.
    (g) As a condition of any State grant or contract, the Department shall require that any treatment program for addicted women provide services, either by its own staff or by agreement with other agencies or individuals, which include but need not be limited to the following:
        (1) coordination with the Healthy Moms/Healthy Kids
    
program, the Drug Free Families with a Future program, or any comparable program providing case management services to assure ongoing monitoring and coordination of services after the addicted woman has returned home.
        (2) coordination with medical services for individual
    
medical care of addicted pregnant women, including prenatal care under the supervision of a physician.
        (3) coordination with child care services under any
    
State plan developed pursuant to subsection (e) of Section 10-25 of this Act.
    (h) As a condition of any State grant or contract, the Department shall require that any nonresidential program receiving any funding for treatment services accept women who are pregnant, provided that such services are clinically appropriate. Failure to comply with this subsection shall result in termination of the grant or contract and loss of State funding.
    (i)(1) From funds appropriated expressly for the purposes of this Section, the Department shall create or contract with licensed, certified agencies to develop a program for the care and treatment of addicted pregnant women, addicted mothers and their children. The program shall be in Cook County in an area of high density population having a disproportionate number of addicted women and a high infant mortality rate.
    (2) From funds appropriated expressly for the purposes of this Section, the Department shall create or contract with licensed, certified agencies to develop a program for the care and treatment of low income pregnant women. The program shall be located anywhere in the State outside of Cook County in an area of high density population having a disproportionate number of low income pregnant women.
    (3) In implementing the programs established under this subsection, the Department shall contract with existing residencies or recovery homes in areas having a disproportionate number of women who abuse alcohol or other drugs and need residential treatment and counseling. Priority shall be given to addicted and abusing women who:
        (A) are pregnant,
        (B) have minor children,
        (C) are both pregnant and have minor children, or
        (D) are referred by medical personnel because they
    
either have given birth to a baby addicted to a controlled substance, or will give birth to a baby addicted to a controlled substance.
    (4) The services provided by the programs shall include but not be limited to:
        (A) individual medical care, including prenatal care,
    
under the supervision of a physician.
        (B) temporary, residential shelter for pregnant
    
women, mothers and children when necessary.
        (C) a range of educational or counseling services.
        (D) comprehensive and coordinated social services,
    
including substance abuse therapy groups for the treatment of alcoholism and other drug abuse and dependency; family therapy groups; programs to develop positive self-awareness; parent-child therapy; and residential support groups.
    (5) No services that require a license shall be provided until and unless the recovery home or other residence obtains and maintains the requisite license.
(Source: P.A. 88-80.)

20 ILCS 301/35-10

    (20 ILCS 301/35-10)
    Sec. 35-10. Adolescent Family Life Program.
    (a) The General Assembly finds and declares the following:
        (1) In Illinois, a substantial number of babies are
    
born each year to adolescent mothers between 12 and 19 years of age.
        (2) A substantial percentage of pregnant adolescents
    
either abuse substances by experimenting with alcohol and drugs or live in an environment in which substance abuse occurs and thus are at risk of exposing their infants to dangerous and harmful substances.
        (3) It is difficult to provide substance abuse
    
counseling for adolescents in settings designed to serve adults.
    (b) To address the findings set forth in subsection (a), the Department of Human Services as successor to the Department of Alcoholism and Substance Abuse may establish a 3-year demonstration program in Cook County to be known as the Adolescent Family Life Program. The program shall be designed specifically to meet the developmental, social, and educational needs of high-risk pregnant adolescents and shall do the following:
        (1) To the maximum extent feasible and appropriate,
    
utilize existing programs and funding rather than create new, duplicative programs and services.
        (2) Include plans for coordination and collaboration
    
with existing perinatal substance abuse programs.
        (3) Include goals and objectives for reducing the
    
incidence of high-risk pregnant adolescents.
        (4) Be culturally and linguistically appropriate to
    
the population being served.
        (5) Include staff development training by substance
    
abuse counselors.
    As used in this Section, "high-risk pregnant adolescent" means a person at least 12 but not more than 18 years of age who uses alcohol to excess, is addicted to a controlled substance, or habitually uses cannabis and is pregnant.
    (c) If the Department establishes a program under this Section, the Department shall report the following to the General Assembly on or before the first day of the thirty-first month following the month in which the program is initiated:
        (1) An accounting of the incidence of high-risk
    
pregnant adolescents who are abusing alcohol or drugs or a combination of alcohol and drugs.
        (2) An accounting of the health outcomes of infants
    
of high-risk pregnant adolescents, including infant morbidity, rehospitalization, low birth weight, premature birth, developmental delay, and other related areas.
        (3) An accounting of school enrollment among
    
high-risk pregnant adolescents.
        (4) An assessment of the effectiveness of the
    
counseling services in reducing the incidence of high-risk pregnant adolescents who are abusing alcohol or drugs or a combination of alcohol and drugs.
        (5) The effectiveness of the component of other
    
health programs aimed at reducing substance use among pregnant adolescents.
        (6) The need for an availability of substance abuse
    
treatment programs in the program areas that are appropriate, acceptable, and accessible to adolescents.
(Source: P.A. 90-238, eff. 1-1-98.)

20 ILCS 301/Art. 40

 
    (20 ILCS 301/Art. 40 heading)
ARTICLE 40. TREATMENT ALTERNATIVES
FOR CRIMINAL JUSTICE CLIENTS

20 ILCS 301/40-5

    (20 ILCS 301/40-5)
    (Text of Section from P.A. 98-896)
    Sec. 40-5. Election of treatment. An addict or alcoholic who is charged with or convicted of a crime or any other person charged with or convicted of a misdemeanor violation of the Use of Intoxicating Compounds Act and who has not been previously convicted of a violation of that Act may elect treatment under the supervision of a licensed program designated by the Department, referred to in this Article as "designated program", unless:
        (1) the crime is a crime of violence;
        (2) the crime is a violation of Section 401(a),
    
401(b), 401(c) where the person electing treatment has been previously convicted of a non-probationable felony or the violation is non-probationable, 401(d) where the violation is non-probationable, 401.1, 402(a), 405 or 407 of the Illinois Controlled Substances Act, or Section 12-7.3 of the Criminal Code of 2012, or Section 4(d), 4(e), 4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or 9 of the Cannabis Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4), 60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control and Community Protection Act or is otherwise ineligible for probation under Section 70 of the Methamphetamine Control and Community Protection Act;
        (3) the person has a record of 2 or more convictions
    
of a crime of violence;
        (4) other criminal proceedings alleging commission of
    
a felony are pending against the person;
        (5) the person is on probation or parole and the
    
appropriate parole or probation authority does not consent to that election;
        (6) the person elected and was admitted to a
    
designated program on 2 prior occasions within any consecutive 2-year period;
        (7) the person has been convicted of residential
    
burglary and has a record of one or more felony convictions;
        (8) the crime is a violation of Section 11-501 of the
    
Illinois Vehicle Code or a similar provision of a local ordinance; or
        (9) the crime is a reckless homicide or a reckless
    
homicide of an unborn child, as defined in Section 9-3 or 9-3.2 of the Criminal Code of 1961 or the Criminal Code of 2012, in which the cause of death consists of the driving of a motor vehicle by a person under the influence of alcohol or any other drug or drugs at the time of the violation.
(Source: P.A. 97-889, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-896, eff. 1-1-15.)
 
    (Text of Section from P.A. 98-1124)
    Sec. 40-5. Election of treatment. An addict or alcoholic who is charged with or convicted of a crime or any other person charged with or convicted of a misdemeanor violation of the Use of Intoxicating Compounds Act and who has not been previously convicted of a violation of that Act may elect treatment under the supervision of a licensed program designated by the Department, referred to in this Article as "designated program", unless:
        (1) the crime is a crime of violence;
        (2) the crime is a violation of Section 401(a),
    
401(b), 401(c) where the person electing treatment has been previously convicted of a non-probationable felony or the violation is non-probationable, 401(d) where the violation is non-probationable, 401.1, 402(a), 405 or 407 of the Illinois Controlled Substances Act, or Section 4(d), 4(e), 4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or 9 of the Cannabis Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4), 60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control and Community Protection Act or is otherwise ineligible for probation under Section 70 of the Methamphetamine Control and Community Protection Act;
        (3) the person has a record of 2 or more convictions
    
of a crime of violence;
        (4) other criminal proceedings alleging commission of
    
a felony are pending against the person;
        (5) the person is on probation or parole and the
    
appropriate parole or probation authority does not consent to that election;
        (6) the person elected and was admitted to a
    
designated program on 2 prior occasions within any consecutive 2-year period;
        (7) the person has been convicted of residential
    
burglary and has a record of one or more felony convictions;
        (8) the crime is a violation of Section 11-501 of the
    
Illinois Vehicle Code or a similar provision of a local ordinance; or
        (9) the crime is a reckless homicide or a reckless
    
homicide of an unborn child, as defined in Section 9-3 or 9-3.2 of the Criminal Code of 1961 or the Criminal Code of 2012, in which the cause of death consists of the driving of a motor vehicle by a person under the influence of alcohol or any other drug or drugs at the time of the violation.
    Nothing in this Section shall preclude an individual who is charged with or convicted of a crime that is a violation of Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and Community Protection Act, and who is otherwise eligible to make the election provided for under this Section, from being eligible to make an election for treatment as a condition of probation as provided for under this Article.
(Source: P.A. 97-889, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-1124, eff. 8-26-14.)

20 ILCS 301/40-10

    (20 ILCS 301/40-10)
    Sec. 40-10. Treatment as a condition of probation.
    (a) If a court has reason to believe that an individual who is charged with or convicted of a crime suffers from alcoholism or other drug addiction and the court finds that he is eligible to make the election provided for under Section 40-5, the court shall advise the individual that he or she may be sentenced to probation and shall be subject to terms and conditions of probation under Section 5-6-3 of the Unified Code of Corrections if he or she elects to submit to treatment and is accepted for treatment by a designated program. The court shall further advise the individual that:
        (1) if he or she elects to submit to treatment and is
    
accepted he or she shall be sentenced to probation and placed under the supervision of the designated program for a period not to exceed the maximum sentence that could be imposed for his conviction or 5 years, whichever is less.
        (2) during probation he or she may be treated at the
    
discretion of the designated program.
        (3) if he or she adheres to the requirements of the
    
designated program and fulfills the other conditions of probation ordered by the court, he or she will be discharged, but any failure to adhere to the requirements of the designated program is a breach of probation.
    The court may certify an individual for treatment while on probation under the supervision of a designated program and probation authorities regardless of the election of the individual.
    (b) If the individual elects to undergo treatment or is certified for treatment, the court shall order an examination by a designated program to determine whether he suffers from alcoholism or other drug addiction and is likely to be rehabilitated through treatment. The designated program shall report to the court the results of the examination and recommend whether the individual should be placed for treatment. If the court, on the basis of the report and other information, finds that such an individual suffers from alcoholism or other drug addiction and is likely to be rehabilitated through treatment, the individual shall be placed on probation and under the supervision of a designated program for treatment and under the supervision of the proper probation authorities for probation supervision unless, giving consideration to the nature and circumstances of the offense and to the history, character and condition of the individual, the court is of the opinion that no significant relationship exists between the addiction or alcoholism of the individual and the crime committed, or that his imprisonment or periodic imprisonment is necessary for the protection of the public, and the court specifies on the record the particular evidence, information or other reasons that form the basis of such opinion. However, under no circumstances shall the individual be placed under the supervision of a designated program for treatment before the entry of a judgment of conviction.
    (c) If the court, on the basis of the report or other information, finds that the individual suffering from alcoholism or other drug addiction is not likely to be rehabilitated through treatment, or that his addiction or alcoholism and the crime committed are not significantly related, or that his imprisonment or periodic imprisonment is necessary for the protection of the public, the court shall impose sentence as in other cases. The court may require such progress reports on the individual from the probation officer and designated program as the court finds necessary. No individual may be placed under treatment supervision unless a designated program accepts him for treatment.
    (d) Failure of an individual placed on probation and under the supervision of a designated program to observe the requirements set down by the designated program shall be considered a probation violation. Such failure shall be reported by the designated program to the probation officer in charge of the individual and treated in accordance with probation regulations.
    (e) Upon successful fulfillment of the terms and conditions of probation the court shall discharge the person from probation. If the person has not previously been convicted of any felony offense and has not previously been granted a vacation of judgment under this Section, upon motion, the court shall vacate the judgment of conviction and dismiss the criminal proceedings against him unless, having considered the nature and circumstances of the offense and the history, character and condition of the individual, the court finds that the motion should not be granted. Unless good cause is shown, such motion to vacate must be filed within 30 days of the entry of the judgment.
(Source: P.A. 91-663, eff. 12-22-99.)

20 ILCS 301/40-15

    (20 ILCS 301/40-15)
    Sec. 40-15. Acceptance for treatment as a parole or aftercare release condition. Acceptance for treatment for drug addiction or alcoholism under the supervision of a designated program may be made a condition of parole or aftercare release, and failure to comply with such treatment may be treated as a violation of parole or aftercare release. A designated program shall establish the conditions under which a parolee or releasee is accepted for treatment. No parolee or releasee may be placed under the supervision of a designated program for treatment unless the designated program accepts him or her for treatment. The designated program shall make periodic progress reports regarding each such parolee or releasee to the appropriate parole authority and shall report failures to comply with the prescribed treatment program.
(Source: P.A. 98-558, eff. 1-1-14.)

20 ILCS 301/40-20

    (20 ILCS 301/40-20)
    Sec. 40-20. (Repealed).
(Source: P.A. 88-80. Repealed by 89-202, eff. 7-21-95.)

20 ILCS 301/Art. 45

 
    (20 ILCS 301/Art. 45 heading)
ARTICLE 45. ENFORCEMENT AND COMPLIANCE

20 ILCS 301/45-5

    (20 ILCS 301/45-5)
    Sec. 45-5. Inspections.
    (a) Employees or officers of the Department are authorized to enter, at reasonable times and upon presentation of credentials, the premises on which any licensed or funded activity is conducted, including off-site services, in order to inspect all pertinent property, records, personnel and business data which relate to such activity.
    (b) When authorized by an administrative inspection warrant issued pursuant to this Act, any officer or employee may execute the inspection warrant according to its terms. Entries, inspections and seizures of property may be made without a warrant:
        (1) if the person in charge of the premises consents.
        (2) in situations presenting imminent danger to
    
health or safety.
        (3) in situations involving inspections of
    
conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant.
        (4) in any other exceptional or emergency
    
circumstances where time or opportunity to apply for a warrant is lacking.
    (c) Issuance and execution of administrative inspection warrants shall be as follows.
        (1) A judge of the circuit court, upon proper oath or
    
affirmation showing probable cause, may issue administrative inspection warrants for the purpose of conducting inspections and seizing property. Probable cause exists upon showing a valid public interest in the effective enforcement of this Act or regulations promulgated hereunder, sufficient to justify inspection or seizure of property.
        (2) An inspection warrant shall be issued only upon
    
an affidavit of a person having knowledge of the facts alleged, sworn to before the circuit judge and established as grounds for issuance of a warrant. If the circuit judge is satisfied that probable cause exists, he shall issue an inspection warrant identifying the premises to be inspected, the property, if any, to be seized, and the purpose of the inspection or seizure.
        (3) The inspection warrant shall state the grounds
    
for its issuance, the names of persons whose affidavits have been taken in support thereof and any items or types of property to be seized.
        (4) The inspection warrant shall be directed to a
    
person authorized by the Secretary to execute it, shall command the person to inspect or seize the property, direct that it be served at any time of day or night, and designate a circuit judge to whom it shall be returned.
        (5) The inspection warrant must be executed and
    
returned within 10 days of the date of issuance unless the court orders otherwise.
        (6) If property is seized, an inventory shall be
    
made. A copy of the inventory of the seized property shall be given to the person from whom the property was taken, or if no person is available to receive the inventory, it shall be left at the premises.
        (7) No warrant shall be quashed nor evidence
    
suppressed because of technical irregularities not affecting the substantive rights of the persons affected. The Department shall have exclusive jurisdiction for the enforcement of this Act and for violations thereof.
(Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-507, eff. 7-1-97.)

20 ILCS 301/45-10

    (20 ILCS 301/45-10)
    Sec. 45-10. Investigations.
    (a) The Department may on its own motion, and shall upon the sworn complaint in writing of any person setting forth charges which, if proved, would constitute grounds for sanction pursuant to this Act, investigate the actions of any person licensed or funded by the Department, or of any person whose activities are alleged to require licensure under this Act.
    (b) The Department shall cooperate with all agencies charged with enforcement of the laws of the United States, or of any state, concerning matters pertaining to this Act.
    (c) The Department may request the cooperation of the State Fire Marshal, county and municipal health departments, or municipal boards of health to assist in determining whether a person has violated this Act.
(Source: P.A. 88-80.)

20 ILCS 301/45-15

    (20 ILCS 301/45-15)
    Sec. 45-15. Recordkeeping and reporting. The Department shall promulgate regulations providing for recordkeeping and reporting requirements for providers licensed or funded by the Department.
(Source: P.A. 88-80.)

20 ILCS 301/45-20

    (20 ILCS 301/45-20)
    Sec. 45-20. Denial of license or other sanction.
    (a) The Department may deny an application for licensure or for renewal of licensure, or may suspend, revoke or place on probation or impose a financial penalty upon any licensee, upon a finding that the applicant or licensee:
        (1) has violated any provision of this Act or any
    
rule promulgated hereunder.
        (2) is owned, managed or operated by any person who
    
has been convicted within the previous 2 years in any court of law of operating a motor vehicle while under the influence of alcohol or any drug.
        (3) has furnished false or fraudulent information to
    
the Department.
        (4) is owned, operated or managed by any person who
    
has had suspended or revoked a federal registration to distribute or dispense methadone, or any governmental license relating to operation of the facility.
        (5) has failed to provide effective controls against
    
the diversion of controlled substances in other than legitimate medical, scientific or industrial channels.
        (6) has demonstrated unprofessional conduct or
    
dishonesty in conducting licensed activities.
        (7) is owned, managed or operated by any person who
    
has been convicted of a felony under any law of the United States or any state within the previous 2 years.
        (8) has failed to provide information requested by
    
the Department within 30 days of a formal written request.
    (b) The Department may promulgate regulations setting forth provisions for the imposition of financial penalties. Proceeds from any financial penalties imposed shall be deposited into the General Revenue Fund.
    (c) Any penalty imposed for any violation of this Act shall be in addition to, and not in lieu of, any criminal, civil or administrative penalty or sanction otherwise authorized by this Act or any other law.
(Source: P.A. 88-80.)

20 ILCS 301/45-25

    (20 ILCS 301/45-25)
    Sec. 45-25. Hearings.
    (a) Except as otherwise provided herein, before denying an application for licensure or an application for renewal of licensure, or suspending, revoking, placing on probation or imposing a financial penalty upon any licensee, the Department shall serve upon the applicant or licensee a notice of opportunity for hearing to determine why licensure should not be denied, refused, suspended, revoked, placed on probation or financially sanctioned.
    (b) Opportunity shall be afforded to the applicant or licensee to respond and present evidence. Except as otherwise provided herein, proceedings to suspend, revoke or refuse to renew an existing license shall not abate the existing license until the Department has conducted the hearing and ordered that the license shall no longer remain in effect.
    (c) Hearings shall be conducted by hearing officers appointed by the Department, in accordance with the Department's regulations.
    (d) Nothing in this Section shall be construed to limit the authority of the Department to sanction or deny a license if a licensee or applicant waives his right to a hearing by failing to request a hearing within the prescribed time after notice is served. In such a case, the determination of the Department shall be conclusively presumed to be correct.
(Source: P.A. 88-80.)

20 ILCS 301/45-30

    (20 ILCS 301/45-30)
    Sec. 45-30. Summary suspension. If the Department finds that there is an imminent danger to the public health or safety which requires emergency action, and if the Department incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings which shall be instituted within 14 days to determine whether the summary suspension shall remain in effect until conclusion of a formal hearing on the merits.
(Source: P.A. 88-80.)

20 ILCS 301/45-35

    (20 ILCS 301/45-35)
    Sec. 45-35. Unlicensed practice.
    (a) If any unlicensed person engages in activities requiring licensure under this Act, the Secretary may, in the name of the people of the State of Illinois, through the Attorney General of the State of Illinois, or through the State's Attorney of any county, petition for a court order enjoining such activities.
    (b) If it is established that such person has violated the order the court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided under this Act. Any unlicensed person who engages in activities requiring licensure under this Act commits a Class A misdemeanor.
(Source: P.A. 88-80; 89-507, eff. 7-1-97.)

20 ILCS 301/45-40

    (20 ILCS 301/45-40)
    Sec. 45-40. Review of administrative decisions. The Department shall preserve a record of all proceedings at any formal hearing conducted by the Department involving refusal or sanction of a license. Final administrative decisions of the Department are subject to judicial review pursuant to provisions of the Administrative Review Law.
(Source: P.A. 88-80.)

20 ILCS 301/45-45

    (20 ILCS 301/45-45)
    Sec. 45-45. Subpoena; administration of oaths.
    (a) The Department is empowered to subpoena and bring before it any person in this State and to take testimony, upon payment of the same fees and in the same manner as is prescribed by law for judicial proceedings in civil cases in the courts of this State.
    (b) The Secretary and any hearing officer designated by the Secretary are empowered to administer oaths at any proceeding which the Department is authorized to conduct.
(Source: P.A. 88-80; 89-507, eff. 7-1-97.)

20 ILCS 301/45-50

    (20 ILCS 301/45-50)
    Sec. 45-50. Attendance of witnesses and production of documents. Any circuit court, upon the application of the Department or any licensee, may order the attendance of witnesses and the production of documents before the hearing officer in any hearing. The court may compel compliance with its order by proceedings for contempt.
(Source: P.A. 88-80.)

20 ILCS 301/45-55

    (20 ILCS 301/45-55)
    Sec. 45-55. Powers and duties of designated agents.
    (a) It is hereby made the sole and exclusive duty of the Department, and its designated agents, officers and investigators, to investigate all violations of this Act, and to cooperate with all agencies charged with enforcement of the laws of the United States, or any state, concerning matters pertaining to this Act. Nothing in this Act shall bar a grand jury from conducting an investigation of any alleged violation of this Act. Any agent, officer, investigator or peace officer designated by the Department may:
        (1) execute and serve administrative inspection
    
warrants and subpoenas under the authority of this State.
        (2) make seizures of property pursuant to the
    
provisions of this Act.
        (3) perform such other duties as the Department may
    
designate.
    The Secretary may appoint such investigators as is deemed necessary to carry out the provisions of this Act. It shall be the duty of such investigators to investigate and report violations of the provisions of this Act. With respect to the enforcement of the provisions of this Act, such investigators shall have the authority to serve subpoenas, summonses and administrative inspection warrants. They shall be conservators of the peace and, as such, they shall have and may exercise during the course of an inspection or investigation all the powers possessed by policemen in the cities and sheriffs in the counties of this State, except that they may exercise such powers anywhere in the State.
    (b) The Department or its designated agents, either before or after the issuance of a license, may request and shall receive the cooperation of the Illinois Department of State Police, county and multiple county health departments, or municipal boards of health to make investigations to determine if the applicant or licensee is complying with minimum standards prescribed by the Department.
(Source: P.A. 88-80; 89-507, eff. 7-1-97.)

20 ILCS 301/Art. 50

 
    (20 ILCS 301/Art. 50 heading)
ARTICLE 50. SPECIAL FUNDS

20 ILCS 301/50-5

    (20 ILCS 301/50-5)
    Sec. 50-5. Prevention and Treatment of Alcoholism and Substance Abuse Block Grant Fund. Monies received from the federal government under the Block Grant for the Prevention and Treatment of Alcoholism and Substance Abuse shall be deposited into the Prevention and Treatment of Alcoholism and Substance Abuse Block Grant Fund which is hereby created as a special fund in the State treasury. Monies in this fund shall be appropriated to the Department and expended for the purposes and activities specified by federal law or regulation.
(Source: P.A. 88-80.)

20 ILCS 301/50-10

    (20 ILCS 301/50-10)
    Sec. 50-10. Alcoholism and Substance Abuse Fund. Monies received from the federal government, except monies received under the Block Grant for the Prevention and Treatment of Alcoholism and Substance Abuse, and other gifts or grants made by any person to the fund shall be deposited into the Alcoholism and Substance Abuse Fund which is hereby created as a special fund in the State treasury. Monies in this fund shall be appropriated to the Department and expended for the purposes and activities specified by the person, organization or federal agency making the gift or grant.
(Source: P.A. 98-463, eff. 8-16-13.)

20 ILCS 301/50-20

    (20 ILCS 301/50-20)
    Sec. 50-20. Drunk and Drugged Driving Prevention Fund. There is hereby created in the State treasury a special fund to be known as the Drunk and Drugged Driving Prevention Fund. There shall be deposited into this Fund such amounts as may be received pursuant to subsection (c)(2) of Section 6-118 of the Illinois Vehicle Code. Monies in this fund shall be appropriated to the Department and expended for the purpose of making grants to reimburse DUI evaluation and remedial education programs licensed by the Department for the costs of providing indigent persons with free or reduced-cost services relating to a criminal charge of driving under the influence of alcohol or other drugs. Monies in the Drunk and Drugged Driving Prevention Fund may also be used to enhance and support regulatory inspections and investigations conducted by the Department under Article 45 of this Act. The balance of the Fund on June 30 of each fiscal year, less the amount of any expenditures attributable to that fiscal year during the lapse period, shall be transferred by the Treasurer to the General Revenue Fund by the following October 10.
(Source: P.A. 88-80.)

20 ILCS 301/50-25

    (20 ILCS 301/50-25)
    Sec. 50-25. Youth Alcoholism and Substance Abuse Prevention Fund. There is hereby created in the State treasury a special Fund to be known as the Youth Alcoholism and Substance Abuse Prevention Fund. Monies in this Fund shall be appropriated to the Department and expended for the purpose of helping support and establish community based alcohol and other drug abuse prevention programs.
(Source: P.A. 91-25, eff. 6-9-99.)

20 ILCS 301/50-30

    (20 ILCS 301/50-30)
    Sec. 50-30. Youth Drug Abuse Prevention Fund.
    (a) There is hereby established the Youth Drug Abuse Prevention Fund, to be held as a separate fund in the State treasury. Monies in this fund shall be appropriated to the Department and expended for grants to community-based agencies or non-profit organizations providing residential or nonresidential treatment or prevention programs or any combination thereof.
    (b) There shall be deposited into the Youth Drug Abuse Prevention Fund such monies as may be received under the income tax checkoff provided for in subsection (b) of this Section. There shall also be deposited into this fund such monies as may be received under:
        (1) subsection (a) of Section 10.2 of the Cannabis
    
Control Act.
        (2) subsection (a) of Section 413 of the Illinois
    
Controlled Substances Act.
        (3) subsection (a) of Section 5.2 of the Narcotics
    
Profit Forfeiture Act.
        (4) Sections 5-9-1.1 and 5-9-1.2 of the Unified Code
    
of Corrections.
(Source: P.A. 88-80.)

20 ILCS 301/50-35

    (20 ILCS 301/50-35)
    Sec. 50-35. Drug Treatment Fund.
    (a) There is hereby established the Drug Treatment Fund, to be held as a separate fund in the State treasury. There shall be deposited into this fund such amounts as may be received under subsections (h) and (i) of Section 411.2 of the Illinois Controlled Substances Act, under Section 80 of the Methamphetamine Control and Community Protection Act, and under Section 7 of the Controlled Substance and Cannabis Nuisance Act.
    (b) Monies in this fund shall be appropriated to the Department for the purposes and activities set forth in subsections (h) and (i) of Section 411.2 of the Illinois Controlled Substances Act, or in Section 7 of the Controlled Substance and Cannabis Nuisance Act.
(Source: P.A. 94-556, eff. 9-11-05.)

20 ILCS 301/50-40

    (20 ILCS 301/50-40)
    Sec. 50-40. Group Home Loan Revolving Fund.
    (a) There is hereby established the Group Home Loan Revolving Fund, referred to in this Section as the "fund", to be held as a separate fund within the State Treasury. Monies in this fund shall be appropriated to the Department on a continuing annual basis. With these funds, the Department shall, directly or through subcontract, make loans to assist in underwriting the costs of housing in which there may reside no fewer than 6 individuals who are recovering from alcohol or other drug abuse or dependency, and who are seeking a drug-free environment in which to live. Consistent with federal law and regulation, the Department may establish guidelines for the use and management of monies loaned from the fund, the operation of group homes receiving loans under this Section and the repayment of monies loaned.
    (b) There shall be deposited into the fund such amounts including, but not limited to:
        (1) all receipts, including principal and interest
    
payments and royalties, from any applicable loan agreement made from the fund.
        (2) all proceeds of assets of whatever nature
    
received by the Department as a result of default or delinquency with respect to loan agreements made from the fund, including proceeds from the sale, disposal, lease or rental of real or personal property which the Department may receive as a result thereof.
        (3) any direct appropriations made by the General
    
Assembly, or any gifts or grants made by any person to the fund.
        (4) any income received from interest on investments
    
of monies in the fund.
    (c) The Treasurer may invest monies in the fund in securities constituting obligations of the United States government, or in obligations the principal of and interest on which are guaranteed by the United States government, or in certificates of deposit of any State or national bank which are fully secured by obligations guaranteed as to principal and interest by the United States government.
(Source: P.A. 88-80.)

20 ILCS 301/Art. 55

 
    (20 ILCS 301/Art. 55 heading)
ARTICLE 55. MISCELLANEOUS PROVISIONS

20 ILCS 301/55-5

    (20 ILCS 301/55-5)
    Sec. 55-5. Application of Administrative Procedure Act. The Illinois Administrative Procedure Act is incorporated herein as if all of its provisions were included in this Act.
(Source: P.A. 88-80.)

20 ILCS 301/55-10

    (20 ILCS 301/55-10)
    Sec. 55-10. Immunity from civil or criminal liability. No intermediary person acting in good faith and without negligence in connection with the preparation of petitions, applications, certificates or other documents for apprehension, transportation, examination, treatment, detention or discharge or the taking into protective custody of an individual under the provisions of this Act shall incur any civil or criminal liability by reason of these acts.
(Source: P.A. 88-80.)

20 ILCS 301/55-15

    (20 ILCS 301/55-15)
    Sec. 55-15. Intoxication; local ordinances. No county, municipality or political subdivision may adopt or enforce any law that includes being intoxicated as the sole basis of the offense, nor interpret or apply any law to circumvent the provisions of this Section. However, nothing in this Section affects any law, ordinance, resolution or rule against driving under the influence of alcohol or other drugs, or any similar offense involving operation of a vehicle, aircraft, boat, machinery, or the use of firearms or other equipment. Nothing in this Section affects any law regarding the sale, purchase, use, possession or dispensing of drugs or alcohol at stated places, at stated times or by particular classes of persons.
(Source: P.A. 88-80.)

20 ILCS 301/55-20

    (20 ILCS 301/55-20)
    Sec. 55-20. Direct deposit of State payments. Any provider of services under this Act may elect to receive payment for those services, and the Department is authorized to arrange for that payment, by means of direct deposit transmittals to the service provider's account maintained at a bank, savings and loan association, or other financial institution. The financial institution must be approved by the Department, and the deposits shall be in accordance with rules adopted by the Department.
(Source: P.A. 88-80.)

20 ILCS 301/55-25

    (20 ILCS 301/55-25)
    Sec. 55-25. Drug court grant program.
    (a) Subject to appropriation, the Division of Alcoholism and Substance Abuse within the Department of Human Services shall establish a program to administer grants to local drug courts. Grant moneys may be used for the following purposes:
        (1) treatment or other clinical intervention through
    
an appropriately licensed provider;
        (2) monitoring, supervision, and clinical case
    
management via probation, TASC, or other licensed Division of Alcoholism and Substance Abuse (DASA) providers;
        (3) transportation of the offender to required
    
appointments;
        (4) interdisciplinary and other training of both
    
clinical and legal professionals who are involved in the local drug court;
        (5) other activities including data collection
    
related to drug court operation and purchase of software or other administrative tools to assist in the overall management of the local system; or
        (6) court appointed special advocate programs.
    (b) The position of Statewide Drug Court Coordinator is created as a full-time position within the Division of Alcoholism and Substance Abuse. The Statewide Drug Court Coordinator shall be responsible for the following:
        (1) coordinating training, technical assistance, and
    
overall support to drug courts in Illinois;
        (2) assisting in the development of new drug courts
    
and advising local partnerships on appropriate practices;
        (3) collecting data from local drug court
    
partnerships on drug court operations and aggregating that data into an annual report to be presented to the General Assembly; and
        (4) acting as a liaison between the State and the
    
Illinois Association of Drug Court Professionals.
(Source: P.A. 95-204, eff. 1-1-08.)

20 ILCS 301/Art. 90

 
    (20 ILCS 301/Art. 90 heading)
ARTICLE 90. AMENDATORY PROVISIONS

20 ILCS 301/90-5

    (20 ILCS 301/90-5)
    Sec. 90-5. (Amendatory provisions; text omitted).
(Source: P.A. 88-80; text omitted.)

20 ILCS 301/Art. 95

 
    (20 ILCS 301/Art. 95 heading)
ARTICLE 95. REPEALERS

20 ILCS 301/95-5

    (20 ILCS 301/95-5)
    Sec. 95-5. The Illinois Alcoholism and Other Drug Dependency Act is repealed.
(Source: P.A. 88-80.)

20 ILCS 301/Art. 99

 
    (20 ILCS 301/Art. 99 heading)
ARTICLE 99. EFFECTIVE DATE

20 ILCS 301/99-5

    (20 ILCS 301/99-5)
    Sec. 99-5. This Act shall take effect upon becoming law.
(Source: P.A. 88-80.)