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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.

EXECUTIVE BRANCH
(20 ILCS 301/) Alcoholism and Other Drug Abuse and Dependency Act.

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 disability.
    (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. 99-143, eff. 7-27-15.)

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