Rep. La Shawn K. Ford

Filed: 2/15/2022





10200HB4700ham001LRB102 24222 KTG 35811 a


2    AMENDMENT NO. ______. Amend House Bill 4700 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Substance Use Disorder Act is amended by
5changing Sections 1-5, 1-10, 5-5, 5-10, 5-20, 10-10, 10-15,
610-20, 10-25, 10-30, 10-35, 10-40, 10-45, 10-50, 10-55, 10-60,
715-10, 20-5, 25-5, 25-10, 30-5, 35-5, 35-10, 40-5, 40-10,
840-15,40-20, 45-5, 45-10, 45-15, 45-20, 45-25, 45-30, 45-35,
945-40, 45-45, 45-50, 45-55, 50-5, 50-10, 50-20, 50-25, 50-30,
1050-40, 55-30, 55-35, and 55-40, as follows:
11    (20 ILCS 301/1-5)
12    Sec. 1-5. Legislative declaration. Substance use and
13gambling disorders, as defined in this Act, constitute a
14serious public health problem. The effects on public safety
15and the criminal justice system cause serious social and
16economic losses, as well as great human suffering. It is



10200HB4700ham001- 2 -LRB102 24222 KTG 35811 a

1imperative that a comprehensive and coordinated strategy be
2developed under the leadership of a State agency. This
3strategy should be implemented through the facilities of
4federal and local government and community-based agencies
5(which may be public or private, volunteer or professional).
6Through local prevention, early intervention, treatment, and
7other recovery support services, this strategy should empower
8those struggling with these substance use disorders (and, when
9appropriate, the families of those persons) to lead healthy
11    The human, social, and economic benefits of preventing
12these substance use disorders are great, and it is imperative
13that there be interagency cooperation in the planning and
14delivery of prevention, early intervention, treatment, and
15other recovery support services in Illinois.
16    The provisions of this Act shall be liberally construed to
17enable the Department to carry out these objectives and
19(Source: P.A. 100-759, eff. 1-1-19.)
20    (20 ILCS 301/1-10)
21    Sec. 1-10. Definitions. As used in this Act, unless the
22context clearly indicates otherwise, the following words and
23terms have the following meanings:
24    "Case management" means a coordinated approach to the
25delivery of health and medical treatment, substance use



10200HB4700ham001- 3 -LRB102 24222 KTG 35811 a

1disorder treatment, gambling disorder treatment, mental health
2treatment, and social services, linking patients with
3appropriate services to address specific needs and achieve
4stated goals. In general, case management assists patients
5with other disorders and conditions that require multiple
6services over extended periods of time and who face difficulty
7in gaining access to those services.
8    "Crime of violence" means any of the following crimes:
9murder, voluntary manslaughter, criminal sexual assault,
10aggravated criminal sexual assault, predatory criminal sexual
11assault of a child, armed robbery, robbery, arson, kidnapping,
12aggravated battery, aggravated arson, or any other felony that
13involves the use or threat of physical force or violence
14against another individual.
15    "Department" means the Department of Human Services.
16    "DUI" means driving under the influence of alcohol or
17other drugs.
18    "Designated program" means a category of service
19authorized by an intervention license issued by the Department
20for delivery of all services as described in Article 40 in this
22    "Early intervention" means services, authorized by a
23treatment license, that are sub-clinical and pre-diagnostic
24and that are designed to screen, identify, and address risk
25factors that may be related to problems associated with a
26substance use or gambling disorder substance use disorders and



10200HB4700ham001- 4 -LRB102 24222 KTG 35811 a

1to assist individuals in recognizing harmful consequences.
2Early intervention services facilitate emotional and social
3stability and involve involves referrals for treatment, as
5    "Facility" means the building or premises are used for the
6provision of licensable services, including support services,
7as set forth by rule.
8    "Gambling disorder" means persistent and recurring
9maladaptive gambling behavior that disrupts personal, family,
10or vocational pursuits.
11    "Gambling" means the risking of money or other items of
12value in games of chance, including video gaming, sports
13betting, and other games of chance.
14    "Gaming" means the action or practice of playing video
16    "Holds itself out" means any activity that would lead one
17to reasonably conclude that the individual or entity provides
18or intends to provide licensable substance-related disorder
19intervention or treatment services. Such activities include,
20but are not limited to, advertisements, notices, statements,
21or contractual arrangements with managed care organizations,
22private health insurance, or employee assistance programs to
23provide services that require a license as specified in
24Article 15.
25    "Informed consent" means legally valid written consent,
26given by a client, patient, or legal guardian, that authorizes



10200HB4700ham001- 5 -LRB102 24222 KTG 35811 a

1intervention or treatment services from a licensed
2organization and that documents agreement to participate in
3those services and knowledge of the consequences of withdrawal
4from such services. Informed consent also acknowledges the
5client's or patient's right to a conflict-free choice of
6services from any licensed organization and the potential
7risks and benefits of selected services.
8    "Intoxicated person" means a person whose mental or
9physical functioning is substantially impaired as a result of
10the current effects of alcohol or other drugs within the body.
11    "Medication assisted treatment" means the prescription of
12medications that are approved by the U.S. Food and Drug
13Administration and the Center for Substance Abuse Treatment to
14assist with treatment for a substance use disorder and to
15support recovery for individuals receiving services in a
16facility licensed by the Department. Medication assisted
17treatment includes opioid treatment services as authorized by
18a Department license.
19    "Off-site services" means licensable services are
20conducted at a location separate from the licensed location of
21the provider, and services are operated by an entity licensed
22under this Act and approved in advance by the Department.
23    "Person" means any individual, firm, group, association,
24partnership, corporation, trust, government or governmental
25subdivision or agency.
26    "Prevention" means an interactive process of individuals,



10200HB4700ham001- 6 -LRB102 24222 KTG 35811 a

1families, schools, religious organizations, communities and
2regional, state and national organizations whose goals are to
3reduce the prevalence of substance use or gambling disorders,
4prevent the use of illegal drugs and the abuse of legal drugs
5by persons of all ages, prevent the use of alcohol by minors,
6reduce the severity of harm in gambling by persons of all ages,
7build the capacities of individuals and systems, and promote
8healthy environments, lifestyles, and behaviors.
9    "Recovery" means a process of change through which
10individuals improve their health and wellness, live a
11self-directed life, and reach their full potential.
12    "Recovery support" means services designed to support
13individual recovery from a substance use or gambling disorder
14that may be delivered pre-treatment, during treatment, or post
15treatment. These services may be delivered in a wide variety
16of settings for the purpose of supporting the individual in
17meeting his or her recovery support goals.
18    "Secretary" means the Secretary of the Department of Human
19Services or his or her designee.
20    "Substance use disorder" means a spectrum of persistent
21and recurring problematic behavior that encompasses 10
22separate classes of drugs: alcohol; caffeine; cannabis;
23hallucinogens; inhalants; opioids; sedatives, hypnotics and
24anxiolytics; stimulants; and tobacco; and other unknown
25substances leading to clinically significant impairment or



10200HB4700ham001- 7 -LRB102 24222 KTG 35811 a

1    "Treatment" means the broad range of emergency,
2outpatient, and residential care (including assessment,
3diagnosis, case management, treatment, and recovery support
4planning) may be extended to individuals with substance use
5disorders or to the families of those persons.
6    "Withdrawal management" means services designed to manage
7intoxication or withdrawal episodes (previously referred to as
8detoxification), interrupt the momentum of habitual,
9compulsive substance use and begin the initial engagement in
10medically necessary substance use disorder treatment.
11Withdrawal management allows patients to safely withdraw from
12substances in a controlled medically-structured environment.
13(Source: P.A. 100-759, eff. 1-1-19.)
14    (20 ILCS 301/5-5)
15    Sec. 5-5. Successor department; home rule.
16    (a) The Department of Human Services, as successor to the
17Department of Alcoholism and Substance Abuse, shall assume the
18various rights, powers, duties, and functions provided for in
19this Act.
20    (b) It is declared to be the public policy of this State,
21pursuant to paragraphs (h) and (i) of Section 6 of Article VII
22of the Illinois Constitution of 1970, that the powers and
23functions set forth in this Act and expressly delegated to the
24Department are exclusive State powers and functions. Nothing
25herein prohibits the exercise of any power or the performance



10200HB4700ham001- 8 -LRB102 24222 KTG 35811 a

1of any function, including the power to regulate, for the
2protection of the public health, safety, morals and welfare,
3by any unit of local government, other than the powers and
4functions set forth in this Act and expressly delegated to the
5Department to be exclusive State powers and functions.
6    (c) The Department shall, through accountable and
7efficient leadership, example and commitment to excellence,
8strive to reduce the incidence of substance use or gambling
9disorders by:
10        (1) Fostering public understanding of substance use
11    disorders and how they affect individuals, families, and
12    communities.
13        (2) Promoting healthy lifestyles.
14        (3) Promoting understanding and support for sound
15    public policies.
16        (4) Ensuring quality prevention, early intervention,
17    treatment, and other recovery support services that are
18    accessible and responsive to the diverse needs of
19    individuals, families, and communities.
20(Source: P.A. 100-759, eff. 1-1-19.)
21    (20 ILCS 301/5-10)
22    Sec. 5-10. Functions of the Department.
23    (a) In addition to the powers, duties and functions vested
24in the Department by this Act, or by other laws of this State,
25the Department shall carry out the following activities:



10200HB4700ham001- 9 -LRB102 24222 KTG 35811 a

1        (1) Design, coordinate and fund comprehensive
2    community-based and culturally and gender-appropriate
3    services throughout the State. These services must include
4    prevention, early intervention, treatment, and other
5    recovery support services for substance use disorders that
6    are accessible and address addresses the needs of at-risk
7    individuals and their families.
8        (2) Act as the exclusive State agency to accept,
9    receive and expend, pursuant to appropriation, any public
10    or private monies, grants or services, including those
11    received from the federal government or from other State
12    agencies, for the purpose of providing prevention, early
13    intervention, treatment, and other recovery support
14    services for substance use or gambling disorders.
15        (2.5) In partnership with the Department of Healthcare
16    and Family Services, act as one of the principal State
17    agencies for the sole purpose of calculating the
18    maintenance of effort requirement under Section 1930 of
19    Title XIX, Part B, Subpart II of the Public Health Service
20    Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR
21    96.134).
22        (3) Coordinate a statewide strategy for the
23    prevention, early intervention, treatment, and recovery
24    support of substance use or gambling disorders. This
25    strategy shall include the development of a comprehensive
26    plan, submitted annually with the application for federal



10200HB4700ham001- 10 -LRB102 24222 KTG 35811 a

1    substance use disorder block grant funding, for the
2    provision of an array of such services. The plan shall be
3    based on local community-based needs and upon data
4    including, but not limited to, that which defines the
5    prevalence of and costs associated with these substance
6    use disorders. This comprehensive plan shall include
7    identification of problems, needs, priorities, services
8    and other pertinent information, including the needs of
9    marginalized community members minorities and other
10    specific priority populations in the State, and shall
11    describe how the identified problems and needs will be
12    addressed. For purposes of this paragraph, the term
13    "marginalized community members minorities and other
14    specific priority populations" may include, but shall not
15    be limited to, groups such as women, children, persons who
16    use intravenous drugs intravenous drug users, persons with
17    AIDS or who are HIV infected, veterans, African-Americans,
18    Latinxs/Hispanics, Asian-Americans, Puerto Ricans,
19    Hispanics, Asian Americans, the elderly, persons in the
20    criminal justice system, persons experiencing
21    homelessness, persons who are clients of services provided
22    by other State agencies, persons with disabilities, and
23    such other specific populations as the Department may from
24    time to time identify. In developing the plan, the
25    Department shall seek input from providers, parent groups,
26    associations and interested citizens.



10200HB4700ham001- 11 -LRB102 24222 KTG 35811 a

1        The plan developed under this Section shall include an
2    explanation of the rationale to be used in ensuring that
3    funding shall be based upon local community needs,
4    including, but not limited to, the incidence and
5    prevalence of, and costs associated with, these substance
6    use disorders, as well as upon demonstrated program
7    performance.
8        The plan developed under this Section shall also
9    contain a report detailing the activities of and progress
10    made through services for the care and treatment of these
11    substance use disorders among pregnant women and mothers
12    and their children established under subsection (j) of
13    Section 35-5.
14        As applicable, the plan developed under this Section
15    shall also include information about funding by other
16    State agencies for prevention, early intervention,
17    treatment, and other recovery support services.
18        (4) Lead, foster and develop cooperation, coordination
19    and agreements among federal and State governmental
20    agencies and local providers that provide assistance,
21    services, funding or other functions, peripheral or
22    direct, in the prevention, early intervention, treatment,
23    and recovery support for substance use or gambling
24    disorders. This shall include, but shall not be limited
25    to, the following:
26            (A) Cooperate with and assist other State



10200HB4700ham001- 12 -LRB102 24222 KTG 35811 a

1        agencies, as applicable, in establishing and
2        conducting these substance use disorder services among
3        the populations they respectively serve.
4            (B) Cooperate with and assist the Illinois
5        Department of Public Health in the establishment,
6        funding and support of programs and services for the
7        promotion of maternal and child health and the
8        prevention and treatment of infectious diseases,
9        including but not limited to HIV infection, especially
10        with respect to those persons who are high risk due to
11        intravenous injection of illegal drugs, or who may
12        have been sexual partners of these individuals, or who
13        may have impaired immune systems as a result of a
14        substance use disorder.
15            (C) Supply to the Department of Public Health and
16        prenatal care providers a list of all providers who
17        are licensed to provide substance use disorder
18        treatment for pregnant women in this State.
19            (D) Assist in the placement of child abuse or
20        neglect perpetrators (identified by the Illinois
21        Department of Children and Family Services (DCFS)) who
22        have been determined to be in need of substance use
23        disorder treatment pursuant to Section 8.2 of the
24        Abused and Neglected Child Reporting Act.
25            (E) Cooperate with and assist DCFS in carrying out
26        its mandates to:



10200HB4700ham001- 13 -LRB102 24222 KTG 35811 a

1                (i) identify substance use and gambling
2            disorders among its clients and their families;
3            and
4                (ii) develop services to deal with such
5            disorders.
6        These services may include, but shall not be limited
7        to, programs to prevent or treat substance use or
8        gambling disorders with DCFS clients and their
9        families, identifying child care needs within such
10        treatment, and assistance with other issues as
11        required.
12            (F) Cooperate with and assist the Illinois
13        Criminal Justice Information Authority with respect to
14        statistical and other information concerning the
15        incidence and prevalence of substance use or gambling
16        disorders.
17            (G) Cooperate with and assist the State
18        Superintendent of Education, boards of education,
19        schools, police departments, the Illinois State
20        Police, courts and other public and private agencies
21        and individuals in establishing substance use or
22        gambling disorder prevention programs statewide and
23        preparing curriculum materials for use at all levels
24        of education.
25            (H) Cooperate with and assist the Illinois
26        Department of Healthcare and Family Services in the



10200HB4700ham001- 14 -LRB102 24222 KTG 35811 a

1        development and provision of services offered to
2        recipients of public assistance for the treatment and
3        prevention of substance use or gambling disorders.
4            (I) (Blank).
5        (5) From monies appropriated to the Department from
6    the Drunk and Drugged Driving Prevention Fund, reimburse
7    DUI evaluation and risk education programs licensed by the
8    Department for providing indigent persons with free or
9    reduced-cost evaluation and risk education services
10    relating to a charge of driving under the influence of
11    alcohol or other drugs.
12        (6) Promulgate regulations to identify and disseminate
13    best practice guidelines that can be utilized by publicly
14    and privately funded programs as well as for levels of
15    payment to government funded programs that provide
16    prevention, early intervention, treatment, and other
17    recovery support services for substance use or gambling
18    disorders and those services referenced in Sections 15-10
19    and 40-5.
20        (7) In consultation with providers and related trade
21    associations, specify a uniform methodology for use by
22    funded providers and the Department for billing and
23    collection and dissemination of statistical information
24    regarding services related to substance use or gambling
25    disorders.
26        (8) Receive data and assistance from federal, State



10200HB4700ham001- 15 -LRB102 24222 KTG 35811 a

1    and local governmental agencies, and obtain copies of
2    identification and arrest data from all federal, State and
3    local law enforcement agencies for use in carrying out the
4    purposes and functions of the Department.
5        (9) Designate and license providers to conduct
6    screening, assessment, referral and tracking of clients
7    identified by the criminal justice system as having
8    indications of substance use disorders and being eligible
9    to make an election for treatment under Section 40-5 of
10    this Act, and assist in the placement of individuals who
11    are under court order to participate in treatment.
12        (10) Identify and disseminate evidence-based best
13    practice guidelines as maintained in administrative rule
14    that can be utilized to determine a substance use or
15    gambling disorder diagnosis.
16        (11) (Blank).
17        (12) Make grants with funds appropriated from the Drug
18    Treatment Fund in accordance with Section 7 of the
19    Controlled Substance and Cannabis Nuisance Act, or in
20    accordance with Section 80 of the Methamphetamine Control
21    and Community Protection Act, or in accordance with
22    subsections (h) and (i) of Section 411.2 of the Illinois
23    Controlled Substances Act, or in accordance with Section
24    6z-107 of the State Finance Act.
25        (13) Encourage all health and disability insurance
26    programs to include substance use and gambling disorder



10200HB4700ham001- 16 -LRB102 24222 KTG 35811 a

1    treatment as a covered services service and to use
2    evidence-based best practice criteria as maintained in
3    administrative rule and as required in Public Act 99-0480
4    in determining the necessity for such services and
5    continued stay.
6        (14) Award grants and enter into fixed-rate and
7    fee-for-service arrangements with any other department,
8    authority or commission of this State, or any other state
9    or the federal government or with any public or private
10    agency, including the disbursement of funds and furnishing
11    of staff, to effectuate the purposes of this Act.
12        (15) Conduct a public information campaign to inform
13    the State's Hispanic residents regarding the prevention
14    and treatment of substance use or gambling disorders.
15    (b) In addition to the powers, duties and functions vested
16in it by this Act, or by other laws of this State, the
17Department may undertake, but shall not be limited to, the
18following activities:
19        (1) Require all organizations licensed or funded by
20    the Department to include an education component to inform
21    participants regarding the causes and means of
22    transmission and methods of reducing the risk of acquiring
23    or transmitting HIV infection and other infectious
24    diseases, and to include funding for such education
25    component in its support of the program.
26        (2) Review all State agency applications for federal



10200HB4700ham001- 17 -LRB102 24222 KTG 35811 a

1    funds that include provisions relating to the prevention,
2    early intervention and treatment of substance use or
3    gambling disorders in order to ensure consistency.
4        (3) Prepare, publish, evaluate, disseminate and serve
5    as a central repository for educational materials dealing
6    with the nature and effects of substance use or gambling
7    disorders. Such materials may deal with the educational
8    needs of the citizens of Illinois, and may include at
9    least pamphlets that describe the causes and effects of
10    fetal alcohol spectrum disorders.
11        (4) Develop and coordinate, with regional and local
12    agencies, education and training programs for persons
13    engaged in providing services for persons with substance
14    use or gambling disorders, which programs may include
15    specific HIV education and training for program personnel.
16        (5) Cooperate with and assist in the development of
17    education, prevention, early intervention, and treatment
18    programs for employees of State and local governments and
19    businesses in the State.
20        (6) Utilize the support and assistance of interested
21    persons in the community, including recovering persons, to
22    assist individuals and communities in understanding the
23    dynamics of substance use or gambling disorders, and to
24    encourage individuals with these substance use disorders
25    to voluntarily undergo treatment.
26        (7) Promote, conduct, assist or sponsor basic



10200HB4700ham001- 18 -LRB102 24222 KTG 35811 a

1    clinical, epidemiological and statistical research into
2    substance use or gambling disorders and research into the
3    prevention of those problems either solely or in
4    conjunction with any public or private agency.
5        (8) Cooperate with public and private agencies,
6    organizations, institutions of higher education, and
7    individuals in the development of programs, and to provide
8    technical assistance and consultation services for this
9    purpose.
10        (9) (Blank).
11        (10) (Blank).
12        (11) Fund, promote, or assist entities dealing with
13    substance use or gambling disorders.
14        (12) With monies appropriated from the Group Home Loan
15    Revolving Fund, make loans, directly or through
16    subcontract, to assist in underwriting the costs of
17    housing in which individuals recovering from substance use
18    or gambling disorders may reside, pursuant to Section
19    50-40 of this Act.
20        (13) Promulgate such regulations as may be necessary
21    to carry out the purposes and enforce the provisions of
22    this Act.
23        (14) Provide funding to help parents be effective in
24    preventing substance use or gambling disorders by building
25    an awareness of the family's role in preventing these
26    substance use disorders through adjusting expectations,



10200HB4700ham001- 19 -LRB102 24222 KTG 35811 a

1    developing new skills, and setting positive family goals.
2    The programs shall include, but not be limited to, the
3    following subjects: healthy family communication;
4    establishing rules and limits; how to reduce family
5    conflict; how to build self-esteem, competency, and
6    responsibility in children; how to improve motivation and
7    achievement; effective discipline; problem solving
8    techniques; healthy gaming and play habits; appropriate
9    financial planning and investment strategies; how to talk
10    about gambling and related activities; and how to talk
11    about substance use or gambling drugs and alcohol. The
12    programs shall be open to all parents.
13(Source: P.A. 101-10, eff. 6-5-19; 102-538, eff. 8-20-21.)
14    (20 ILCS 301/5-20)
15    Sec. 5-20. Gambling disorders.
16    (a) Subject to appropriation, the Department shall
17establish a program for public education, research, and
18training regarding gambling disorders and the treatment and
19prevention of gambling disorders. Subject to specific
20appropriation for these stated purposes, the program must
21include all of the following:
22        (1) Establishment and maintenance of a toll-free
23    hotline and website "800" telephone number to provide
24    crisis counseling and referral services for to families
25    that experience experiencing difficulty related to a as a



10200HB4700ham001- 20 -LRB102 24222 KTG 35811 a

1    result of gambling disorder disorders.
2        (2) Promotion of public awareness regarding the
3    recognition and prevention of gambling disorders.
4    Promotion of public awareness to create a gambling
5    informed State regarding the impact of gambling disorders
6    on individuals, families, and communities and the stigma
7    that surrounds gambling disorders.
8        (3) Facilitation, through in-service training,
9    certification promotion, and other innovative means, of
10    the availability of effective assistance programs for
11    gambling disorders.
12        (4) Conducting studies to, and through other
13    innovative means, identify adults and juveniles in this
14    State who have, or who are at risk of developing, gambling
15    disorders.
16        (5) Utilize screening, crisis intervention, treatment,
17    public awareness, prevention, in-service training, and
18    other innovative means, to decrease the incidents of
19    suicide attempts related to a gambling disorder or
20    gambling issues.
21    (b) Subject to appropriation, the Department shall either
22establish and maintain the program or contract with a private
23or public entity for the establishment and maintenance of the
24program. Subject to appropriation, either the Department or
25the private or public entity shall implement the hotline and
26website toll-free telephone number, promote public awareness,



10200HB4700ham001- 21 -LRB102 24222 KTG 35811 a

1conduct research, fund treatment and recovery services, and
2conduct in-service training concerning gambling disorders.
3    (c) The Department shall determine a statement regarding
4obtaining assistance with a gambling disorder which each
5licensed gambling establishment owner shall post and each
6master sports wagering licensee shall include on the master
7sports wagering licensee's portal, Internet website, or
8computer or mobile application. Subject to appropriation, the
9Department shall produce and supply the signs with the
10statement as specified in Section 10.7 of the Illinois Lottery
11Law, Section 34.1 of the Illinois Horse Racing Act of 1975,
12Section 4.3 of the Bingo License and Tax Act, Section 8.1 of
13the Charitable Games Act, Section 25.95 of the Sports Wagering
14Act, and Section 13.1 of the Illinois Gambling Act, and the
15Video Gaming Act.
16    (d) Programs; gambling disorder prevention.
17        (1) The Department may establish a program to provide
18    for the production and publication, in electronic and
19    other formats, of gambling prevention, recognition,
20    treatment, and recovery literature and other public
21    education methods. The Department may develop and
22    disseminate curricula for use by professionals,
23    organizations, individuals, or committees interested in
24    the prevention of gambling disorders.
25        (2) The Department may provide advice to State and
26    local officials on gambling disorders, including the



10200HB4700ham001- 22 -LRB102 24222 KTG 35811 a

1    prevalence of gambling disorders, programs treating or
2    promoting prevention of gambling disorders, trends in
3    gambling disorder prevalence, and the relationship between
4    gaming and gambling disorders.
5        (3) The Department may support gambling disorder
6    prevention, recognition, treatment, and recovery projects
7    by facilitating the acquisition of gambling prevention
8    curriculums, providing trainings in gambling disorder
9    prevention best practices, connecting programs to health
10    care resources, establishing learning collaboratives
11    between localities and programs, and assisting programs in
12    navigating any regulatory requirements for establishing or
13    expanding such programs.
14        (4) In supporting best practices in gambling disorder
15    prevention programming, the Department may promote the
16    following programmatic elements:
17            (A) Providing funding for community-based
18        organizations to employ community health workers or
19        peer recovery specialists who are familiar with the
20        communities served and can provide culturally
21        competent services.
22            (B) Collaborating with other community-based
23        organizations, substance use disorder treatment
24        centers, or other health care providers engaged in
25        treating individuals who are experiencing gambling
26        disorder.



10200HB4700ham001- 23 -LRB102 24222 KTG 35811 a

1            (C) Providing linkages for individuals to obtain
2        evidence-based gambling disorder treatment.
3            (D) Engaging individuals exiting jails or prisons
4        who are at a high risk of developing a gambling
5        disorder.
6            (E) Providing education and training to
7        community-based organizations who work directly with
8        individuals who are experiencing gambling disorders
9        and those individuals' families and communities.
10            (F) Providing education and training on gambling
11        disorder prevention and response to the judicial
12        system.
13            (G) Informing communities of the impact gambling
14        disorder has on suicidal ideation and suicide attempts
15        and the role health care professionals can have in
16        identifying appropriate treatment.
17            (H) Producing and distributing targeted mass media
18        materials on gambling disorder prevention and
19        response, and the potential dangers of gambling
20        related stigma.
21    (e) Grants.
22        (1) The Department may award grants, in accordance
23    with this subsection, to create or support local gambling
24    prevention, recognition, and response projects. Local
25    health departments, correctional institutions, hospitals,
26    universities, community-based organizations, and



10200HB4700ham001- 24 -LRB102 24222 KTG 35811 a

1    faith-based organizations may apply to the Department for
2    a grant under this subsection at the time and in the manner
3    the Department prescribes.
4        (2) In awarding grants, the Department shall consider
5    the necessity for gambling disorder prevention projects in
6    various settings and shall encourage all grant applicants
7    to develop interventions that will be effective and viable
8    in their local areas.
9        (3) In addition to moneys appropriated by the General
10    Assembly, the Department may seek grants from private
11    foundations, the federal government, and other sources to
12    fund the grants under this Section and to fund an
13    evaluation of the programs supported by the grants.
14        (4) The Department may award grants to create or
15    support local gambling treatment programs. Such programs
16    may include prevention, early intervention, residential
17    and outpatient treatment, and recovery support services
18    for gambling disorders. Local health departments,
19    hospitals, universities, community-based organizations,
20    and faith-based organizations may apply to the Department
21    for a grant under this subsection at the time and in the
22    manner the Department prescribes.
23(Source: P.A. 100-759, eff. 1-1-19; 101-31, eff. 6-28-19.)
24    (20 ILCS 301/10-10)
25    Sec. 10-10. Powers and duties of the Council. The Council



10200HB4700ham001- 25 -LRB102 24222 KTG 35811 a

2        (a) Advise the Department on ways to encourage public
3    understanding and support of the Department's programs.
4        (b) Advise the Department on regulations and licensure
5    proposed by the Department.
6        (c) Advise the Department in the formulation,
7    preparation, and implementation of the annual plan
8    submitted with the federal Substance Use Disorder Block
9    Grant application for prevention, early intervention,
10    treatment, and other recovery support services for
11    substance use disorders.
12        (d) Advise the Department on implementation of
13    substance use and gambling disorder education and
14    prevention programs throughout the State.
15        (e) Assist with incorporating into the annual plan
16    submitted with the federal Substance Use Disorder Block
17    Grant application, planning information specific to
18    Illinois' female population. The information shall
19    contain, but need not be limited to, the types of services
20    funded, the population served, the support services
21    available, and the goals, objectives, proposed methods of
22    achievement, service projections and cost estimate for the
23    upcoming year.
24        (f) Perform other duties as requested by the
25    Secretary.
26        (g) Advise the Department in the planning,



10200HB4700ham001- 26 -LRB102 24222 KTG 35811 a

1    development, and coordination of programs among all
2    agencies and departments of State government, including
3    programs to reduce substance use and gambling disorders,
4    prevent the misuse of illegal and legal drugs by persons
5    of all ages, prevent gambling and gaming by minors, and
6    prevent the use of alcohol by minors.
7        (h) Promote and encourage participation by the private
8    sector, including business, industry, labor, and the
9    media, in programs to prevent substance use and gambling
10    disorders.
11        (i) Encourage the implementation of programs to
12    prevent substance use and gambling disorders in the public
13    and private schools and educational institutions.
14        (j) Gather information, conduct hearings, and make
15    recommendations to the Secretary concerning additions,
16    deletions, or rescheduling of substances under the
17    Illinois Controlled Substances Act.
18        (k) Report as requested to the General Assembly
19    regarding the activities and recommendations made by the
20    Council.
21(Source: P.A. 100-759, eff. 1-1-19.)
22    (20 ILCS 301/10-15)
23    Sec. 10-15. Qualification and appointment of members. The
24membership of the Illinois Advisory Council may, as needed,
25consist of:



10200HB4700ham001- 27 -LRB102 24222 KTG 35811 a

1        (a) A State's Attorney designated by the President of
2    the Illinois State's Attorneys Association.
3        (b) A judge designated by the Chief Justice of the
4    Illinois Supreme Court.
5        (c) A Public Defender appointed by the President of
6    the Illinois Public Defender Association.
7        (d) A local law enforcement officer appointed by the
8    Governor.
9        (e) A labor representative appointed by the Governor.
10        (f) An educator appointed by the Governor.
11        (g) A physician licensed to practice medicine in all
12    its branches appointed by the Governor with due regard for
13    the appointee's knowledge of the field of substance use
14    disorders.
15        (h) 4 members of the Illinois House of
16    Representatives, 2 each appointed by the Speaker and
17    Minority Leader.
18        (i) 4 members of the Illinois Senate, 2 each appointed
19    by the President and Minority Leader.
20        (j) The Chief Executive Officer of the Illinois
21    Association for Behavioral Health or his or her designee.
22        (k) An advocate for the needs of youth appointed by
23    the Governor.
24        (l) The President of the Illinois State Medical
25    Society or his or her designee.
26        (m) The President of the Illinois Hospital Association



10200HB4700ham001- 28 -LRB102 24222 KTG 35811 a

1    or his or her designee.
2        (n) The President of the Illinois Nurses Association
3    or a registered nurse designated by the President.
4        (o) The President of the Illinois Pharmacists
5    Association or a licensed pharmacist designated by the
6    President.
7        (p) The President of the Illinois Chapter of the
8    Association of Labor-Management Administrators and
9    Consultants on Alcoholism.
10        (p-1) The Chief Executive Officer of the Community
11    Behavioral Healthcare Association of Illinois or his or
12    her designee.
13        (q) The Attorney General or his or her designee.
14        (r) The State Comptroller or his or her designee.
15        (s) 20 public members, 8 appointed by the Governor, 3
16    of whom shall be representatives of substance use or
17    gambling disorder treatment programs and one of whom shall
18    be a representative of a manufacturer or importing
19    distributor of alcoholic liquor licensed by the State of
20    Illinois, and 3 public members appointed by each of the
21    President and Minority Leader of the Senate and the
22    Speaker and Minority Leader of the House.
23        (t) The Director, Secretary, or other chief
24    administrative officer, ex officio, or his or her
25    designee, of each of the following: the Department on
26    Aging, the Department of Children and Family Services, the



10200HB4700ham001- 29 -LRB102 24222 KTG 35811 a

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



10200HB4700ham001- 30 -LRB102 24222 KTG 35811 a

1    Each non-appointive member may designate a representative
2to serve in his place by written notice to the Department. All
3General Assembly members shall serve until their respective
4successors are appointed or until termination of their
5legislative service, whichever occurs first. The terms of
6office for each of the members appointed by the Governor shall
7be for 3 years, except that of the members first appointed, 3
8shall be appointed for a term of one year, and 4 shall be
9appointed for a term of 2 years. The terms of office of each of
10the public members appointed by the legislative leaders shall
11be for 2 years.
12(Source: P.A. 102-538, eff. 8-20-21.)
13    (20 ILCS 301/15-10)
14    Sec. 15-10. Licensure categories and services. No person
15or program may provide the services or conduct the activities
16described in this Section without first obtaining a license
17therefor from the Department, unless otherwise exempted under
18this Act. The Department shall, by rule, provide requirements
19for each of the following types of licenses and categories of
21        (a) Treatment: Categories of treatment service for a
22    substance use or gambling disorder authorized by a
23    treatment license are Early Intervention, Outpatient,
24    Intensive Outpatient/Partial Hospitalization, Subacute
25    Residential/Inpatient, and Withdrawal Management.



10200HB4700ham001- 31 -LRB102 24222 KTG 35811 a

1    Medication assisted treatment that includes methadone used
2    for an opioid use disorder can be licensed as an adjunct to
3    any of the treatment levels of care specified in this
4    Section.
5        (b) Intervention: Categories of an intervention
6    service authorized by an intervention license are DUI
7    Evaluation, DUI Risk Education, Designated Program, Harm
8    Reduction Program, and Recovery Homes for persons in any
9    stage of recovery from a substance use or gambling
10    disorder. Harm reduction programs may include overdose
11    prevention sites and services. Overdose prevention sites
12    and services are under the Harm Reduction category of
13    intervention licensure which may be issued if and when
14    legal authorization is adopted to allow for these services
15    and upon adoption of administrative or funding rules that
16    govern the delivery of the services.
17    The Department may, under procedures established by rule
18and upon a showing of good cause for such, exempt off-site
19services from having to obtain a separate license for services
20conducted away from the provider's licensed location.
21(Source: P.A. 100-759, eff. 1-1-19.)
22    (20 ILCS 301/20-5)
23    Sec. 20-5. Development of statewide prevention system.
24    (a) The Department shall develop and implement a
25comprehensive, statewide, community-based strategy to reduce



10200HB4700ham001- 32 -LRB102 24222 KTG 35811 a

1substance use and gambling disorders and prevent the misuse of
2illegal and legal drugs by persons of all ages, and to prevent
3the use of alcohol by minors. The system created to implement
4this strategy shall be based on the premise that coordination
5among and integration between all community and governmental
6systems will facilitate effective and efficient program
7implementation and utilization of existing resources.
8    (b) The statewide system developed under this Section may
9be adopted by administrative rule or funded as a grant award
10condition and shall be responsible for:
11        (1) Providing programs and technical assistance to
12    improve the ability of Illinois communities and schools to
13    develop, implement and evaluate prevention programs.
14        (2) Initiating and fostering continuing cooperation
15    among the Department, Department-funded prevention
16    programs, other community-based prevention providers and
17    other State, regional, or local systems or agencies that
18    have an interest in substance use disorder prevention.
19    (c) In developing, implementing, and advocating for this
20statewide strategy and system, the Department may engage in,
21but shall not be limited to, the following activities:
22        (1) Establishing and conducting programs to provide
23    awareness and knowledge of the nature and extent of
24    substance use and gambling disorders and their effect on
25    individuals, families, and communities.
26        (2) Conducting or providing prevention skill building



10200HB4700ham001- 33 -LRB102 24222 KTG 35811 a

1    or education through the use of structured experiences.
2        (3) Developing, supporting, and advocating with new
3    and existing local community coalitions or
4    neighborhood-based grassroots networks using action
5    planning and collaborative systems to initiate change
6    regarding substance use and gambling disorders in their
7    communities.
8        (4) Encouraging, supporting, and advocating for
9    programs and activities that emphasize alcohol-free and
10    other drug-free lifestyles.
11        (5) Drafting and implementing efficient plans for the
12    use of available resources to address issues of substance
13    use disorder prevention.
14        (6) Coordinating local programs of alcoholism and
15    other drug abuse education and prevention.
16        (7) Encouraging the development of local advisory
17    councils.
18    (d) In providing leadership to this system, the Department
19shall take into account, wherever possible, the needs and
20requirements of local communities. The Department shall also
21involve, wherever possible, local communities in its statewide
22planning efforts. These planning efforts shall include, but
23shall not be limited to, in cooperation with local community
24representatives and Department-funded agencies, the analysis
25and application of results of local needs assessments, as well
26as a process for the integration of an evaluation component



10200HB4700ham001- 34 -LRB102 24222 KTG 35811 a

1into the system. The results of this collaborative planning
2effort shall be taken into account by the Department in making
3decisions regarding the allocation of prevention resources.
4    (e) Prevention programs funded in whole or in part by the
5Department shall maintain staff whose skills, training,
6experiences and cultural awareness demonstrably match the
7needs of the people they are serving.
8    (f) The Department may delegate the functions and
9activities described in subsection (c) of this Section to
10local, community-based providers.
11(Source: P.A. 100-759, eff. 1-1-19.)
12    (20 ILCS 301/25-5)
13    Sec. 25-5. Establishment of comprehensive treatment
14system. The Department shall develop, fund and implement a
15comprehensive, statewide, community-based system for the
16provision of early intervention, treatment, and recovery
17support services for persons suffering from substance use or
18gambling disorders. The system created under this Section
19shall be based on the premise that coordination among and
20integration between all community and governmental systems
21will facilitate effective and efficient program implementation
22and utilization of existing resources.
23(Source: P.A. 100-759, eff. 1-1-19.)
24    (20 ILCS 301/25-10)



10200HB4700ham001- 35 -LRB102 24222 KTG 35811 a

1    Sec. 25-10. Promulgation of regulations. The Department
2shall adopt regulations for licensure, certification for
3Medicaid reimbursement, and to identify evidence-based best
4practice criteria that can be utilized for intervention and
5treatment services, taking into consideration available
6resources and facilities, for the purpose of early and
7effective treatment of substance use and gambling disorders.
8(Source: P.A. 100-759, eff. 1-1-19.)
9    (20 ILCS 301/30-5)
10    Sec. 30-5. Patients' rights established.
11    (a) For purposes of this Section, "patient" means any
12person who is receiving or has received early intervention,
13treatment, or other recovery support services under this Act
14or any category of service licensed as "intervention" under
15this Act.
16    (b) No patient shall be deprived of any rights, benefits,
17or privileges guaranteed by law, the Constitution of the
18United States of America, or the Constitution of the State of
19Illinois solely because of his or her status as a patient.
20    (c) Persons who have substance use or gambling disorders
21who are also suffering from medical conditions shall not be
22discriminated against in admission or treatment by any
23hospital that receives support in any form supported in whole
24or in part by funds appropriated to any State department or



10200HB4700ham001- 36 -LRB102 24222 KTG 35811 a

1    (d) Every patient shall have impartial access to services
2without regard to race, religion, sex, ethnicity, age, sexual
3orientation, gender identity, marital status, or other
5    (e) Patients shall be permitted the free exercise of
7    (f) Every patient's personal dignity shall be recognized
8in the provision of services, and a patient's personal privacy
9shall be assured and protected within the constraints of his
10or her individual treatment.
11    (g) Treatment services shall be provided in the least
12restrictive environment possible.
13    (h) Each patient receiving treatment services shall be
14provided an individual treatment plan, which shall be
15periodically reviewed and updated as mandated by
16administrative rule.
17    (i) Treatment shall be person-centered, meaning that every
18patient shall be permitted to participate in the planning of
19his or her total care and medical treatment to the extent that
20his or her condition permits.
21    (j) A person shall not be denied treatment solely because
22he or she has withdrawn from treatment against medical advice
23on a prior occasion or had prior treatment episodes.
24    (k) The patient in residential treatment shall be
25permitted visits by family and significant others, unless such
26visits are clinically contraindicated.



10200HB4700ham001- 37 -LRB102 24222 KTG 35811 a

1    (l) A patient in residential treatment shall be allowed to
2conduct private telephone conversations with family and
3friends unless clinically contraindicated.
4    (m) A patient in residential treatment shall be permitted
5to send and receive mail without hindrance, unless clinically
7    (n) A patient shall be permitted to manage his or her own
8financial affairs unless the patient or the patient's
9guardian, or if the patient is a minor, the patient's parent,
10authorizes another competent person to do so.
11    (o) A patient shall be permitted to request the opinion of
12a consultant at his or her own expense, or to request an
13in-house review of a treatment plan, as provided in the
14specific procedures of the provider. A treatment provider is
15not liable for the negligence of any consultant.
16    (p) Unless otherwise prohibited by State or federal law,
17every patient shall be permitted to obtain from his or her own
18physician, the treatment provider, or the treatment provider's
19consulting physician complete and current information
20concerning the nature of care, procedures, and treatment that
21he or she will receive.
22    (q) A patient shall be permitted to refuse to participate
23in any experimental research or medical procedure without
24compromising his or her access to other, non-experimental
25services. Before a patient is placed in an experimental
26research or medical procedure, the provider must first obtain



10200HB4700ham001- 38 -LRB102 24222 KTG 35811 a

1his or her informed written consent or otherwise comply with
2the federal requirements regarding the protection of human
3subjects contained in 45 CFR C.F.R. Part 46.
4    (r) All medical treatment and procedures shall be
5administered as ordered by a physician and in accordance with
6all Department rules.
7    (s) Every patient in treatment shall be permitted to
8refuse medical treatment and to know the consequences of such
9action. Such refusal by a patient shall free the treatment
10licensee from the obligation to provide the treatment.
11    (t) Unless otherwise prohibited by State or federal law,
12every patient, patient's guardian, or parent, if the patient
13is a minor, shall be permitted to inspect and copy all clinical
14and other records kept by the intervention or treatment
15licensee or by his or her physician concerning his or her care
16and maintenance. The licensee or physician may charge a
17reasonable fee for the duplication of a record.
18    (u) No owner, licensee, administrator, employee, or agent
19of a licensed intervention or treatment program shall abuse or
20neglect a patient. It is the duty of any individual who becomes
21aware of such abuse or neglect to report it to the Department
23    (v) The licensee may refuse access to any person if the
24actions of that person are or could be injurious to the health
25and safety of a patient or the licensee, or if the person seeks
26access for commercial purposes.



10200HB4700ham001- 39 -LRB102 24222 KTG 35811 a

1    (w) All patients admitted to community-based treatment
2facilities shall be considered voluntary treatment patients
3and such patients shall not be contained within a locked
5    (x) Patients and their families or legal guardians shall
6have the right to present complaints to the provider or the
7Department concerning the quality of care provided to the
8patient, without threat of discharge or reprisal in any form
9or manner whatsoever. The complaint process and procedure
10shall be adopted by the Department by rule. The treatment
11provider shall have in place a mechanism for receiving and
12responding to such complaints, and shall inform the patient
13and the patient's family or legal guardian of this mechanism
14and how to use it. The provider shall analyze any complaint
15received and, when indicated, take appropriate corrective
16action. Every patient and his or her family member or legal
17guardian who makes a complaint shall receive a timely response
18from the provider that substantively addresses the complaint.
19The provider shall inform the patient and the patient's family
20or legal guardian about other sources of assistance if the
21provider has not resolved the complaint to the satisfaction of
22the patient or the patient's family or legal guardian.
23    (y) A patient may refuse to perform labor at a program
24unless such labor is a part of the patient's individual
25treatment plan as documented in the patient's clinical record.
26    (z) A person who is in need of services may apply for



10200HB4700ham001- 40 -LRB102 24222 KTG 35811 a

1voluntary admission in the manner and with the rights provided
2for under regulations promulgated by the Department. If a
3person is refused admission, then staff, subject to rules
4promulgated by the Department, shall refer the person to
5another facility or to other appropriate services.
6    (aa) No patient shall be denied services based solely on
7HIV status. Further, records and information governed by the
8AIDS Confidentiality Act and the AIDS Confidentiality and
9Testing Code (77 Ill. Adm. Code 697) shall be maintained in
10accordance therewith.
11    (bb) Records of the identity, diagnosis, prognosis or
12treatment of any patient maintained in connection with the
13performance of any service or activity relating to substance
14use or gambling disorder education, early intervention,
15intervention, training, or treatment that is regulated,
16authorized, or directly or indirectly assisted by any
17Department or agency of this State or under any provision of
18this Act shall be confidential and may be disclosed only in
19accordance with the provisions of federal law and regulations
20concerning the confidentiality of substance use disorder
21patient records as contained in 42 U.S.C. Sections 290dd-2 and
2242 CFR C.F.R. Part 2, or any successor federal statute or
24        (1) The following are exempt from the confidentiality
25    protections set forth in 42 CFR C.F.R. Section 2.12(c):
26            (A) Veteran's Administration records.



10200HB4700ham001- 41 -LRB102 24222 KTG 35811 a

1            (B) Information obtained by the Armed Forces.
2            (C) Information given to qualified service
3        organizations.
4            (D) Communications within a program or between a
5        program and an entity having direct administrative
6        control over that program.
7            (E) Information given to law enforcement personnel
8        investigating a patient's commission of a crime on the
9        program premises or against program personnel.
10            (F) Reports under State law of incidents of
11        suspected child abuse and neglect; however,
12        confidentiality restrictions continue to apply to the
13        records and any follow-up information for disclosure
14        and use in civil or criminal proceedings arising from
15        the report of suspected abuse or neglect.
16        (2) If the information is not exempt, a disclosure can
17    be made only under the following circumstances:
18            (A) With patient consent as set forth in 42 CFR
19        C.F.R. Sections 2.1(b)(1) and 2.31, and as consistent
20        with pertinent State law.
21            (B) For medical emergencies as set forth in 42 CFR
22        C.F.R. Sections 2.1(b)(2) and 2.51.
23            (C) For research activities as set forth in 42 CFR
24        C.F.R. Sections 2.1(b)(2) and 2.52.
25            (D) For audit evaluation activities as set forth
26        in 42 CFR C.F.R. Section 2.53.



10200HB4700ham001- 42 -LRB102 24222 KTG 35811 a

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



10200HB4700ham001- 43 -LRB102 24222 KTG 35811 a

1    and criteria for the issuance and scope of court orders,
2    as in the judgment of the Department are necessary or
3    proper to effectuate the purposes of this Section, to
4    prevent circumvention or evasion thereof, or to facilitate
5    compliance therewith.
6    (cc) Each patient shall be given a written explanation of
7all the rights enumerated in this Section and a copy, signed by
8the patient, shall be kept in every patient record. If a
9patient is unable to read such written explanation, it shall
10be read to the patient in a language that the patient
11understands. A copy of all the rights enumerated in this
12Section shall be posted in a conspicuous place within the
13program where it may readily be seen and read by program
14patients and visitors.
15    (dd) The program shall ensure that its staff is familiar
16with and observes the rights and responsibilities enumerated
17in this Section.
18    (ee) Licensed organizations shall comply with the right of
19any adolescent to consent to treatment without approval of the
20parent or legal guardian in accordance with the Consent by
21Minors to Health Care Services Medical Procedures Act.
22    (ff) At the point of admission for services, licensed
23organizations must obtain written informed consent, as defined
24in Section 1-10 and in administrative rule, from each client,
25patient, or legal guardian.
26(Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19;



10200HB4700ham001- 44 -LRB102 24222 KTG 35811 a

1revised 12-1-21.)
2    (20 ILCS 301/35-5)
3    Sec. 35-5. Services for pregnant women and mothers.
4    (a) In order to promote a comprehensive, statewide and
5multidisciplinary approach to serving pregnant women and
6mothers, including those who are minors, and their children
7who are affected by substance use or gambling disorders, the
8Department shall have responsibility for an ongoing exchange
9of referral information among the following:
10        (1) those who provide medical and social services to
11    pregnant women, mothers and their children, whether or not
12    there exists evidence of a substance use or gambling
13    disorder. These include any other State-funded medical or
14    social services to pregnant women.
15        (2) providers of treatment services to women affected
16    by substance use or gambling disorders.
17    (b) (Blank).
18    (c) (Blank).
19    (d) (Blank).
20    (e) (Blank).
21    (f) The Department shall develop and maintain an updated
22and comprehensive directory of licensed providers that deliver
23treatment and intervention services. The Department shall post
24on its website a licensed provider directory updated at least



10200HB4700ham001- 45 -LRB102 24222 KTG 35811 a

1    (g) As a condition of any State grant or contract, the
2Department shall require that any treatment program for women
3with substance use or gambling disorders provide services,
4either by its own staff or by agreement with other agencies or
5individuals, which include but need not be limited to the
7        (1) coordination with any program providing case
8    management services to ensure ongoing monitoring and
9    coordination of services after the addicted woman has
10    returned home.
11        (2) coordination with medical services for individual
12    medical care of pregnant women, including prenatal care
13    under the supervision of a physician.
14        (3) coordination with child care services.
15    (h) As a condition of any State grant or contract, the
16Department shall require that any nonresidential program
17receiving any funding for treatment services accept women who
18are pregnant, provided that such services are clinically
19appropriate. Failure to comply with this subsection shall
20result in termination of the grant or contract and loss of
21State funding.
22    (i)(1) From funds appropriated expressly for the purposes
23of this Section, the Department shall create or contract with
24licensed, certified agencies to develop a program for the care
25and treatment of pregnant women, mothers and their children.
26The program shall be in Cook County in an area of high density



10200HB4700ham001- 46 -LRB102 24222 KTG 35811 a

1population having a disproportionate number of women with
2substance use and other disorders and a high infant mortality
4    (2) From funds appropriated expressly for the purposes of
5this Section, the Department shall create or contract with
6licensed, certified agencies to develop a program for the care
7and treatment of low income pregnant women. The program shall
8be located anywhere in the State outside of Cook County in an
9area of high density population having a disproportionate
10number of low income pregnant women.
11    (3) In implementing the programs established under this
12subsection, the Department shall contract with existing
13residential treatment or recovery homes in areas having a
14disproportionate number of women with substance use and other
15disorders who need residential treatment. Priority shall be
16given to women who:
17        (A) are pregnant, especially if they are intravenous
18    drug users,
19        (B) have minor children,
20        (C) are both pregnant and have minor children, or
21        (D) are referred by medical personnel because they
22    either have given birth to a baby with a substance use
23    disorder, or will give birth to a baby with a substance use
24    disorder.
25    (4) The services provided by the programs shall include
26but not be limited to:



10200HB4700ham001- 47 -LRB102 24222 KTG 35811 a

1        (A) individual medical care, including prenatal care,
2    under the supervision of a physician.
3        (B) temporary, residential shelter for pregnant women,
4    mothers and children when necessary.
5        (C) a range of educational or counseling services.
6        (D) comprehensive and coordinated social services,
7    including therapy groups for the treatment of substance
8    use disorders; family therapy groups; programs to develop
9    positive self-awareness; parent-child therapy; and
10    residential support groups.
11    (5) (Blank).
12(Source: P.A. 100-759, eff. 1-1-19.)
13    (20 ILCS 301/35-10)
14    Sec. 35-10. Adolescent Family Life Program.
15    (a) The General Assembly finds and declares the following:
16        (1) In Illinois, a substantial number of babies are
17    born each year to adolescent mothers between 12 and 19
18    years of age.
19        (2) A substantial percentage of pregnant adolescents
20    have substance use disorders or live in environments in
21    which substance use disorders occur and thus are at risk
22    of exposing their infants to dangerous and harmful
23    circumstances.
24        (3) It is difficult to provide substance use disorder
25    counseling for adolescents in settings designed to serve



10200HB4700ham001- 48 -LRB102 24222 KTG 35811 a

1    adults.
2    (b) To address the findings set forth in subsection (a),
3and subject to appropriation, the Department may establish and
4fund treatment strategies to meet the developmental, social,
5and educational needs of high-risk pregnant adolescents and
6shall do the following:
7        (1) To the maximum extent feasible and appropriate,
8    utilize existing services and funding rather than create
9    new, duplicative services.
10        (2) Include plans for coordination and collaboration
11    with existing perinatal substance use disorder services.
12        (3) Include goals and objectives for reducing the
13    incidence of high-risk pregnant adolescents.
14        (4) Be culturally and linguistically appropriate to
15    the population being served.
16        (5) Include staff development training by substance
17    use and other disorder counselors.
18    As used in this Section, "high-risk pregnant adolescent"
19means a person at least 12 but not more than 18 years of age
20with a substance use or other disorder who is pregnant.
21    (c) (Blank).
22(Source: P.A. 100-759, eff. 1-1-19.)
23    (20 ILCS 301/50-40)
24    Sec. 50-40. Group Home Loan Revolving Fund.
25    (a) There is hereby established the Group Home Loan



10200HB4700ham001- 49 -LRB102 24222 KTG 35811 a

1Revolving Fund, referred to in this Section as the "fund", to
2be held as a separate fund within the State Treasury. Monies in
3this fund shall be appropriated to the Department on a
4continuing annual basis. With these funds, the Department
5shall, directly or through subcontract, make loans to assist
6in underwriting the costs of housing in which there may reside
7individuals who are recovering from substance use or gambling
8disorders, and who are seeking an alcohol-free, gambling-free,
9or drug-free environment in which to live. Consistent with
10federal law and regulation, the Department may establish
11guidelines for approving the use and management of monies
12loaned from the fund, the operation of group homes receiving
13loans under this Section and the repayment of monies loaned.
14    (b) There shall be deposited into the fund such amounts
15including, but not limited to:
16        (1) All receipts, including principal and interest
17    payments and royalties, from any applicable loan agreement
18    made from the fund.
19        (2) All proceeds of assets of whatever nature received
20    by the Department as a result of default or delinquency
21    with respect to loan agreements made from the fund,
22    including proceeds from the sale, disposal, lease or
23    rental of real or personal property that the Department
24    may receive as a result thereof.
25        (3) Any direct appropriations made by the General
26    Assembly, or any gifts or grants made by any person to the



10200HB4700ham001- 50 -LRB102 24222 KTG 35811 a

1    fund.
2        (4) Any income received from interest on investments
3    of monies in the fund.
4    (c) The Treasurer may invest monies in the fund in
5securities constituting obligations of the United States
6government, or in obligations the principal of and interest on
7which are guaranteed by the United States government, or in
8certificates of deposit of any State or national bank which
9are fully secured by obligations guaranteed as to principal
10and interest by the United States government.
11(Source: P.A. 100-759, eff. 1-1-19.)
12    (20 ILCS 301/55-30)
13    Sec. 55-30. Rate increase.
14    (a) The Department shall by rule develop the increased
15rate methodology and annualize the increased rate beginning
16with State fiscal year 2018 contracts to licensed providers of
17community-based substance use and gambling disorders disorder
18intervention or treatment, based on the additional amounts
19appropriated for the purpose of providing a rate increase to
20licensed providers. The Department shall adopt rules,
21including emergency rules under subsection (y) of Section 5-45
22of the Illinois Administrative Procedure Act, to implement the
23provisions of this Section.
24    (b) Within 30 days after June 4, 2018 (the effective date
25of Public Act 100-587), the Division of Substance Use



10200HB4700ham001- 51 -LRB102 24222 KTG 35811 a

1Prevention and Recovery shall apply an increase in rates of 3%
2above the rate paid on June 30, 2017 to all Medicaid and
3non-Medicaid reimbursable service rates. The Department shall
4adopt rules, including emergency rules under subsection (bb)
5of Section 5-45 of the Illinois Administrative Procedure Act,
6to implement the provisions of this subsection (b).
7(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
8100-759, eff. 1-1-19; 101-81, eff. 7-12-19.)
9    (20 ILCS 301/55-40)
10    Sec. 55-40. Recovery residences.
11    (a) As used in this Section, "recovery residence" means a
12sober, safe, and healthy living environment that promotes
13recovery from alcohol and other drug use and associated
14problems. These residences are not subject to Department
15licensure as they are viewed as independent living residences
16that only provide peer support and a lengthened exposure to
17the culture of recovery.
18    (b) The Department shall develop and maintain an online
19registry for recovery residences that operate in Illinois to
20serve as a resource for individuals seeking continued recovery
22    (c) Non-licensable recovery residences are encouraged to
23register with the Department and the registry shall be
24publicly available through online posting.
25    (d) The registry shall indicate any accreditation,



10200HB4700ham001- 52 -LRB102 24222 KTG 35811 a

1certification, or licensure that each recovery residence has
2received from an entity that has developed uniform national
3standards. The registry shall also indicate each recovery
4residence's location in order to assist providers and
5individuals in finding alcohol, gambling, and drug free
6housing options with like-minded residents who are committed
7to alcohol, gambling, and drug free living.
8    (e) Registrants are encouraged to seek national
9accreditation from any entity that has developed uniform State
10or national standards for recovery residences.
11    (f) The Department shall include a disclaimer on the
12registry that states that the recovery residences are not
13regulated by the Department and their listing is provided as a
14resource but not as an endorsement by the State.
15(Source: P.A. 100-1062, eff. 1-1-19; 101-81, eff. 7-12-19.)".