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.
EXECUTIVE BRANCH20 ILCS 301/Art. 5
(20 ILCS 301/) Substance Use Disorder Act.
(20 ILCS 301/Art. 5 heading)
CREATION OF DEPARTMENT
20 ILCS 301/5-5
(20 ILCS 301/5-5)
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
(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 of substance use disorders by:
(1) Fostering public understanding of substance use
disorders and how they affect individuals, families, and communities.
(2) Promoting healthy lifestyles.
(3) Promoting understanding and support for sound
(4) Ensuring quality prevention, early intervention,
treatment, and other recovery support services that are accessible and responsive to the diverse needs of individuals, families, and communities.
(Source: P.A. 100-759, eff. 1-1-19
20 ILCS 301/5-10
(20 ILCS 301/5-10)
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
(1) Design, coordinate and fund comprehensive
community-based and culturally and gender-appropriate services throughout the State. These services must include prevention, early intervention, treatment, and other recovery support services for substance use disorders that are accessible and addresses the needs of at-risk 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 prevention, early intervention, treatment, and other recovery support services for substance use disorders.
(2.5) In partnership with the Department of
Healthcare and Family Services, act as one of the principal State agencies for the sole purpose of calculating the maintenance of effort requirement under Section 1930 of Title XIX, Part B, Subpart II of the Public Health Service Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR 96.134).
(3) Coordinate a statewide strategy for the
prevention, early intervention, treatment, and recovery support of substance use disorders. This strategy shall include the development of a comprehensive plan, submitted annually with the application for federal substance use disorder block grant funding, for the provision of an array of such services. 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 substance use disorders. This comprehensive plan shall include identification of problems, needs, priorities, services and other pertinent information, including the needs of minorities and other specific priority 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 priority 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, veterans, 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.
The 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, substance use disorders, as well as upon demonstrated program performance.
The plan developed under this Section shall also
contain a report detailing the activities of and progress made through services for the care and treatment of substance use disorders among pregnant women and mothers and their children established under subsection (j) of Section 35-5.
As applicable, the plan developed under this Section
shall also include information about funding by other State agencies for prevention, early intervention, treatment, and other recovery support services.
(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, early intervention, treatment, and recovery support for substance use disorders. This shall include, but shall not be limited to, the following:
(A) Cooperate with and assist other State
agencies, as applicable, in establishing and conducting substance use disorder services among the populations 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 are high risk due to intravenous injection of illegal drugs, or who may have been sexual partners of these individuals, or who may have impaired immune systems as a result of a substance use disorder.
(C) Supply to the Department of Public Health and
prenatal care providers a list of all providers who are licensed to provide substance use disorder treatment for 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 (DCFS)) who have been determined to be in need of substance use disorder treatment pursuant to Section 8.2 of the Abused and Neglected Child Reporting Act.
(E) Cooperate with and assist DCFS in carrying
(i) identify substance use disorders among
its clients and their families; and
(ii) develop services to deal with such
These services may include, but shall not be limited
to, programs to prevent or treat substance use disorders with DCFS clients and their families, identifying child care needs within such treatment, 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 the incidence and prevalence of substance use disorders.
(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.
(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 substance use disorders.
(5) From monies appropriated to the Department from
the Drunk and Drugged Driving Prevention Fund, reimburse DUI evaluation and risk education programs licensed by the Department for providing indigent persons with free or reduced-cost evaluation and risk education services relating to a charge of driving under the influence of alcohol or other drugs.
(6) Promulgate regulations to identify and
disseminate best practice guidelines that can be utilized by publicly and privately funded programs as well as for levels of payment to government funded programs that provide prevention, early intervention, treatment, and other recovery support services for substance use disorders and those services referenced in Sections 15-10 and 40-5.
(7) In consultation with providers and related trade
associations, specify a uniform methodology for use by funded providers and the Department for billing and collection and dissemination of statistical information regarding services related to substance use disorders.
(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 substance use disorders 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) Identify and disseminate evidence-based best
practice guidelines as maintained in administrative rule that can be utilized to determine a substance use disorder diagnosis.
(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, or in accordance with Section 6z-107 of the State Finance Act.
(13) Encourage all health and disability insurance
programs to include substance use disorder treatment as a covered service and to use evidence-based best practice criteria as maintained in administrative rule and as required in Public Act 99-0480 in determining the necessity for such services and continued stay.
(14) Award grants and enter into fixed-rate and
fee-for-service 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 substance use disorders.
(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 organizations licensed or 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 other infectious diseases, and to include funding for such education component in its support of the program.
(2) Review all State agency applications for federal
funds that include provisions relating to the prevention, early intervention and treatment of substance use disorders in order to ensure consistency.
(3) Prepare, publish, evaluate, disseminate and serve
as a central repository for educational materials dealing with the nature and effects of substance use disorders. Such materials may deal with the educational needs of the citizens of Illinois, and may include at least pamphlets that describe the causes and effects of fetal alcohol spectrum disorders.
(4) Develop and coordinate, with regional and local
agencies, education and training programs for persons engaged in providing services for persons with substance use disorders, which programs may include specific HIV education and training for program personnel.
(5) Cooperate with and assist in the development of
education, prevention, early intervention, 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 persons, to assist individuals and communities in understanding the dynamics of substance use disorders, and to encourage individuals with substance use disorders to voluntarily undergo treatment.
(7) Promote, conduct, assist or sponsor basic
clinical, epidemiological and statistical research into substance use disorders 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.
(11) Fund, promote, or assist entities dealing with
(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 substance use disorders may reside, pursuant to Section 50-40 of this Act.
(13) Promulgate such regulations as may be necessary
to carry out the purposes and enforce the provisions of this Act.
(14) Provide funding to help parents be effective in
preventing substance use disorders by building an awareness of the family's role in preventing substance use disorders 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. 100-494, eff. 6-1-18; 100-759, eff. 1-1-19; 101-10, eff. 6-5-19.)
20 ILCS 301/5-15
(20 ILCS 301/5-15)
(Source: P.A. 88-80. Repealed by internal repealer, eff. 7-1-95.)
20 ILCS 301/5-20
(20 ILCS 301/5-20)
(a) Subject to appropriation, the Department shall establish a program for
public education, research, and training regarding
gambling disorders and the treatment and prevention of gambling disorders.
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 gambling disorders.
(2) Promotion of public awareness regarding the
recognition and prevention of gambling disorders.
(3) Facilitation, through in-service training and
other means, of the availability of effective assistance programs for gambling disorders.
(4) Conducting studies to identify adults and
juveniles in this State who have, or who are at risk of developing, gambling disorders.
(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 gambling disorders.
(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 Illinois
(Source: P.A. 100-759, eff. 1-1-19; 101-31, eff. 6-28-19.)
20 ILCS 301/5-23
(20 ILCS 301/5-23)
Drug Overdose Prevention Program.
(1) The Department 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. The report shall also provide information on interventions that would be effective in reducing the rate of fatal or nonfatal drug overdose and on the current substance use disorder treatment capacity within the State. The report shall include an analysis of drug overdose information reported to the Department of Public Health pursuant to subsection (e) of Section 3-3013 of the Counties Code, Section 6.14g of the Hospital Licensing Act, and subsection (j) of Section 22-30 of the School Code.
(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.
(F) A description of efforts undertaken to
educate the public about unused medication and about how to properly dispose of unused medication, including the number of registered collection receptacles in this State, mail-back programs, and drug take-back events.
(G) An inventory of the State's substance use
disorder treatment capacity, including, but not limited to:
(i) The number and type of licensed treatment
programs in each geographic area of the State.
(ii) The availability of medication-assisted
treatment at each licensed program and which types of medication-assisted treatment are available.
(iii) The number of recovery homes that
accept individuals using medication-assisted treatment in their recovery.
(iv) The number of medical professionals
currently authorized to prescribe buprenorphine and the number of individuals who fill prescriptions for that medication at retail pharmacies as prescribed.
(v) Any partnerships between programs
licensed by the Department and other providers of medication-assisted treatment.
(vi) Any challenges in providing
medication-assisted treatment reported by programs licensed by the Department and any potential solutions.
(b) Programs; drug overdose prevention.
(1) The Department 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 Department 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 use disorder treatment.
The Department may establish or authorize programs
for prescribing, dispensing, or distributing opioid antagonists for the treatment of drug overdose. Such programs may include the prescribing of opioid antagonists for the treatment of drug overdose to a person who is not at risk of opioid overdose but who, in the judgment of the health care professional, may be in a position to assist another individual during an opioid-related drug overdose and who has received basic instruction on how to administer an opioid antagonist.
(2) The Department may provide advice to State and
local officials on the growing drug overdose crisis, including the prevalence of drug overdose incidents, programs promoting the disposal of unused prescription drugs, trends in drug overdose incidents, and solutions to the drug overdose crisis.
(3) The Department may support drug overdose
prevention, recognition, and response projects by facilitating the acquisition of opioid antagonist medication approved for opioid overdose reversal, facilitating the acquisition of opioid antagonist medication approved for opioid overdose reversal, providing trainings in overdose prevention best practices, connecting programs to medical resources, establishing a statewide standing order for the acquisition of needed medication, establishing learning collaboratives between localities and programs, and assisting programs in navigating any regulatory requirements for establishing or expanding such programs.
(4) In supporting best practices in drug overdose
prevention programming, the Department may promote the following programmatic elements:
(A) Training individuals who currently use drugs
in the administration of opioid antagonists approved for the reversal of an opioid overdose.
(B) Directly distributing opioid antagonists
approved for the reversal of an opioid overdose rather than providing prescriptions to be filled at a pharmacy.
(C) Conducting street and community outreach to
work directly with individuals who are using drugs.
(D) Employing community health workers or peer
recovery specialists who are familiar with the communities served and can provide culturally competent services.
(E) Collaborating with other community-based
organizations, substance use disorder treatment centers, or other health care providers engaged in treating individuals who are using drugs.
(F) Providing linkages for individuals to obtain
evidence-based substance use disorder treatment.
(G) Engaging individuals exiting jails or prisons
who are at a high risk of overdose.
(H) Providing education and training to
community-based organizations who work directly with individuals who are using drugs and those individuals' families and communities.
(I) Providing education and training on drug
overdose prevention and response to emergency personnel and law enforcement.
(J) Informing communities of the important role
emergency personnel play in responding to accidental overdose.
(K) Producing and distributing targeted mass
media materials on drug overdose prevention and response, the potential dangers of leaving unused prescription drugs in the home, and the proper methods for disposing of unused prescription drugs.
(1) The Department 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 Department prescribes.
(2) In awarding grants, the Department 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.
(4) In addition to moneys appropriated by the General
Assembly, the Department 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 opioid antagonists.
(1) A health care professional who, acting in good
faith, directly or by standing order, prescribes or dispenses an opioid antagonist to: (a) a patient who, in the judgment of the health care professional, is capable of administering the drug in an emergency, or (b) a person who is not at risk of opioid overdose but who, in the judgment of the health care professional, may be in a position to assist another individual during an opioid-related drug overdose and who has received basic instruction on how to administer an opioid antagonist shall not, as a result of his or her acts or omissions, be subject to: (i) any 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 or (ii) any criminal liability, except for willful and wanton misconduct.
(2) A person who is not otherwise licensed to
administer an opioid antagonist may in an emergency administer without fee an opioid antagonist 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 (i) 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 (ii) subject to any criminal prosecution or civil liability, except for willful and wanton misconduct.
(3) A health care professional prescribing an opioid
antagonist 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 use disorder 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 Department, in consultation with statewide organizations representing physicians, pharmacists, advanced practice registered nurses, physician assistants, substance use disorder programs, and other interested groups, shall develop and disseminate to health care professionals, community-based organizations, substance use disorder 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 antagonist" means a drug that binds to opioid
receptors and blocks or inhibits the effect of opioids acting on those receptors, including, but not limited to, naloxone hydrochloride or any other similarly acting drug approved by the U.S. Food and Drug Administration.
"Health care professional" means a physician licensed
to practice medicine in all its branches, a licensed physician assistant with prescriptive authority, a licensed advanced practice registered nurse with prescriptive authority, an advanced practice registered nurse or physician assistant who practices in a hospital, hospital affiliate, or ambulatory surgical treatment center and possesses appropriate clinical privileges in accordance with the Nurse Practice Act, or a pharmacist licensed to practice pharmacy under the Pharmacy Practice Act.
"Patient" includes a person who is not at risk of
opioid overdose but who, in the judgment of the physician, advanced practice registered nurse, or physician assistant, 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 antagonist.
"Patient information" includes information provided
to the patient on drug overdose prevention and recognition; how to perform rescue breathing and resuscitation; opioid antagonist dosage and administration; the importance of calling 911; care for the overdose victim after administration of the overdose antagonist; and other issues as necessary.
(e) Drug overdose response policy.
(1) Every State and local government agency that
employs a law enforcement officer or fireman as those terms are defined in the Line of Duty Compensation Act must possess opioid antagonists and must establish a policy to control the acquisition, storage, transportation, and administration of such opioid antagonists and to provide training in the administration of opioid antagonists. A State or local government agency that employs a fireman as defined in the Line of Duty Compensation Act but does not respond to emergency medical calls or provide medical services shall be exempt from this subsection.
(2) Every publicly or privately owned ambulance,
special emergency medical services vehicle, non-transport vehicle, or ambulance assist vehicle, as described in the Emergency Medical Services (EMS) Systems Act, that responds to requests for emergency services or transports patients between hospitals in emergency situations must possess opioid antagonists.
(3) Entities that are required under paragraphs (1)
and (2) to possess opioid antagonists may also apply to the Department for a grant to fund the acquisition of opioid antagonists and training programs on the administration of opioid antagonists.
(Source: P.A. 100-201, eff. 8-18-17; 100-513, eff. 1-1-18; 100-759, eff. 1-1-19; 101-356, eff. 8-9-19.)
20 ILCS 301/5-24
(20 ILCS 301/5-24)
Opiate prescriptions; educational materials.
The Department shall develop educational materials to educate holders of opiate prescriptions about the dangers of children and teens gaining access to these medications. The materials shall include information regarding the means by which the abuse of opiate prescriptions can lead to the illegal use of heroin. The Department shall also develop a method of distribution for such educational materials.
(Source: P.A. 99-480, eff. 9-9-15.)
20 ILCS 301/5-25
(20 ILCS 301/5-25)
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.)