Illinois Compiled Statutes
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EXECUTIVE BRANCH20 ILCS 301/Art. 1
(20 ILCS 301/) Substance Use Disorder Act.
(20 ILCS 301/Art. 1 heading)
20 ILCS 301/1-1
(20 ILCS 301/1-1)
This Act may be cited as the
Substance Use Disorder Act.
(Source: P.A. 100-759, eff. 1-1-19
20 ILCS 301/1-5
(20 ILCS 301/1-5)
Substance use disorders, as defined in this Act, constitute a serious public health problem. The effects 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. This strategy should be implemented through the facilities of federal and local
government and community-based agencies (which may be public or private,
volunteer or professional). Through local
prevention, early intervention, treatment, and
other recovery support services, this strategy should empower those struggling with substance use disorders (and, when appropriate, the families of those persons) to lead healthy lives.
The human, social, and economic benefits of preventing substance use disorders are great, and it is imperative that there be
interagency cooperation in the planning and delivery of prevention, early intervention, treatment, and other recovery support services 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. 100-759, eff. 1-1-19
20 ILCS 301/1-10
(20 ILCS 301/1-10)
As used in this Act, unless the context clearly
indicates otherwise, the following words and terms have the following meanings:
"Case management" means a coordinated approach to the delivery of health and medical treatment, substance use disorder treatment, mental health treatment, and social services, linking patients with appropriate services to address specific needs and achieve stated goals. In general, case management assists patients with other disorders and conditions that require multiple services over extended periods of time and who face difficulty in gaining access to those services.
"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 that involves the use or threat of physical force or violence
against another individual.
"Department" means the Department of Human Services.
"DUI" means driving under the influence of alcohol or other drugs.
"Designated program" means a category of service authorized by an intervention license issued by the Department for delivery of all services as described in Article 40 in this Act.
"Early intervention" means services, authorized by a treatment license, that are sub-clinical and pre-diagnostic and that are designed to screen, identify, and address risk factors that may be related to problems associated with substance use disorders and to assist individuals in recognizing harmful consequences. Early intervention services facilitate emotional and social stability and involves referrals for treatment, as needed.
"Facility" means the building or premises are used for the provision
of licensable services, including support services, as set forth by
"Gambling disorder" means persistent and recurring maladaptive gambling behavior that disrupts personal, family, or vocational pursuits.
"Holds itself out" means any activity that would lead one to reasonably conclude that the individual or entity provides or intends to provide licensable substance-related disorder intervention or treatment services. Such activities include, but are not limited to, advertisements, notices, statements, or contractual arrangements with managed care organizations, private health insurance, or employee assistance programs to provide services that require a license as specified in Article 15.
"Informed consent" means legally valid written consent, given by a client, patient, or legal guardian, that authorizes intervention or treatment services from a licensed organization and that documents agreement to participate in those services and knowledge of the consequences of withdrawal from such services. Informed consent also acknowledges the client's or patient's right to a conflict-free choice of services from any licensed organization and the potential risks and benefits of selected services.
"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.
"Medication assisted treatment" means the prescription of medications that are approved by the U.S. Food and Drug Administration and the Center for Substance Abuse Treatment to assist with treatment for a substance use disorder and to support recovery for individuals receiving services in a facility licensed by the Department. Medication assisted treatment includes opioid treatment services as authorized by a Department license.
"Off-site services" means licensable services are
conducted at a location separate from the licensed location of the
provider, and services are operated by an entity licensed under
this Act and approved in advance by the Department.
"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 whose goals are to reduce the prevalence of substance use disorders, 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.
"Recovery" means a process of change through which individuals improve their health and wellness, live a self-directed life, and reach their full potential.
"Recovery support" means services designed to support individual recovery from a substance use disorder that may be delivered pre-treatment, during treatment, or post treatment. These services may be delivered in a wide variety of settings for the purpose of supporting the individual in meeting his or her recovery support goals.
"Secretary" means the Secretary of the Department of Human Services or his or her designee.
"Substance use disorder" means a spectrum of persistent and recurring problematic behavior that encompasses 10 separate classes of drugs: alcohol; caffeine; cannabis; hallucinogens; inhalants; opioids; sedatives, hypnotics and anxiolytics; stimulants; and tobacco; and other unknown substances leading to clinically significant impairment or distress.
"Treatment" means the broad range of emergency, outpatient, and residential care (including assessment, diagnosis, case management, treatment, and recovery support planning) may be extended to individuals with substance use disorders or to the families of those persons.
"Withdrawal management" means services designed to manage intoxication or withdrawal episodes (previously referred to as detoxification), interrupt the momentum of habitual, compulsive substance use and begin the initial engagement in medically necessary substance use disorder treatment. Withdrawal management allows patients to safely withdraw from substances in a controlled medically-structured environment.
(Source: P.A. 100-759, eff. 1-1-19