093_SB1889

 
                                     LRB093 02164 ACG 02171 b

 1        AN ACT in relation to alcohol.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Alcoholism  and  Other  Drug Abuse and
 5    Dependency  Act  is  amended  by  changing  Section  5-10  as
 6    follows:

 7        (20 ILCS 301/5-10)
 8        Sec. 5-10.  Functions of the Department.
 9        (a)  In addition to  the  powers,  duties  and  functions
10    vested  in  the  Department  by this Act, or by other laws of
11    this State, the Department  shall  carry  out  the  following
12    activities:
13             (1)  Design, coordinate and fund a comprehensive and
14        coordinated    community-based    and    culturally   and
15        gender-appropriate array of services throughout the State
16        for   the   prevention,   intervention,   treatment   and
17        rehabilitation  of  alcohol  and  other  drug  abuse  and
18        dependency that is accessible and addresses the needs  of
19        at-risk or addicted individuals and their families.
20             (2)  Act  as  the  exclusive State agency to accept,
21        receive and expend, pursuant to appropriation, any public
22        or private monies, grants or  services,  including  those
23        received  from the federal government or from other State
24        agencies, for  the  purpose  of  providing  an  array  of
25        services  for the prevention, intervention, treatment and
26        rehabilitation of  alcoholism  or  other  drug  abuse  or
27        dependency.   Monies  received by the Department shall be
28        deposited into appropriate funds as  may  be  created  by
29        State law or administrative action.
30             (3)  Coordinate  a  statewide  strategy  among State
31        agencies for the prevention, intervention, treatment  and
 
                            -2-      LRB093 02164 ACG 02171 b
 1        rehabilitation  of  alcohol  and  other  drug  abuse  and
 2        dependency.   This strategy shall include the development
 3        of an annual comprehensive State plan for  the  provision
 4        of  an  array  of  services  for  education,  prevention,
 5        intervention,  treatment,  relapse  prevention  and other
 6        services and activities to alleviate alcoholism and other
 7        drug abuse and dependency.  The plan shall  be  based  on
 8        local  community-based needs and upon data including, but
 9        not limited to, that which defines the prevalence of  and
10        costs  associated  with  the abuse of and dependency upon
11        alcohol and other drugs. This  comprehensive  State  plan
12        shall   include   identification   of   problems,  needs,
13        priorities, services  and  other  pertinent  information,
14        including  the  needs  of  minorities  and other specific
15        populations in the State,  and  shall  describe  how  the
16        identified  problems  and  needs  will be addressed.  For
17        purposes of this  paragraph,  the  term  "minorities  and
18        other specific populations" may include, but shall not be
19        limited  to,  groups such as women, children, intravenous
20        drug users, persons with AIDS or who  are  HIV  infected,
21        African-Americans,   Puerto   Ricans,   Hispanics,  Asian
22        Americans, the elderly, persons in the  criminal  justice
23        system,  persons  who are clients of services provided by
24        other State agencies, persons with disabilities and  such
25        other  specific  populations  as  the Department may from
26        time to  time  identify.  In  developing  the  plan,  the
27        Department   shall  seek  input  from  providers,  parent
28        groups, associations and interested citizens.
29             Beginning with State fiscal year  1996,  the  annual
30        comprehensive  State  plan  developed  under this Section
31        shall include an explanation of the rationale to be  used
32        in  ensuring  that  funding  shall  be  based  upon local
33        community needs,  including,  but  not  limited  to,  the
34        incidence  and  prevalence of, and costs associated with,
 
                            -3-      LRB093 02164 ACG 02171 b
 1        the abuse of and dependency upon alcohol and other drugs,
 2        as well as upon demonstrated program performance.
 3             The annual comprehensive State plan developed  under
 4        this   Section  shall  contain  a  report  detailing  the
 5        activities of and progress made by the programs  for  the
 6        care  and  treatment of addicted pregnant women, addicted
 7        mothers and their children established  under  subsection
 8        (j) of Section 35-5 of this Act.
 9             Each State agency which provides or funds alcohol or
10        drug  prevention,  intervention  and  treatment  services
11        shall  annually prepare an agency plan for providing such
12        services, and these shall be used by  the  Department  in
13        preparing  the annual comprehensive statewide plan.  Each
14        agency's annual plan for alcohol and drug abuse  services
15        shall  contain a report on the activities and progress of
16        such services in the  prior  year.   The  Department  may
17        provide  technical assistance to other State agencies, as
18        required, in the development of their agency plans.
19             (4)  Lead,   foster   and    develop    cooperation,
20        coordination  and  agreements  among  federal  and  State
21        governmental  agencies  and  local providers that provide
22        assistance,  services,  funding   or   other   functions,
23        peripheral  or  direct,  in the prevention, intervention,
24        treatment or rehabilitation of alcoholism and other  drug
25        abuse  and dependency.  This shall include, but shall not
26        be limited to, the following:
27                  (A)  Cooperate with and assist  the  Department
28             of  Corrections  and  the  Department  on  Aging  in
29             establishing  and  conducting  programs  relating to
30             alcoholism and other drug abuse and dependency among
31             those populations which they respectively serve.
32                  (B)  Cooperate with  and  assist  the  Illinois
33             Department  of  Public  Health in the establishment,
34             funding and support of programs and services for the
 
                            -4-      LRB093 02164 ACG 02171 b
 1             promotion of  maternal  and  child  health  and  the
 2             prevention  and  treatment  of  infectious diseases,
 3             including  but  not  limited   to   HIV   infection,
 4             especially  with  respect  to  those persons who may
 5             abuse drugs by intravenous injection,  or  may  have
 6             been  sexual  partners  of drug abusers, or may have
 7             abused substances so that their immune  systems  are
 8             impaired, causing them to be at high risk.
 9                  (C)  Supply  to the Department of Public Health
10             and prenatal care providers a list  of  all  alcohol
11             and  other drug abuse service providers for addicted
12             pregnant women in this State.
13                  (D)  Assist in the placement of child abuse  or
14             neglect  perpetrators  (identified  by  the Illinois
15             Department of Children and Family Services) who have
16             been determined to be in need of  alcohol  or  other
17             drug  abuse  services pursuant to Section 8.2 of the
18             Abused and Neglected Child Reporting Act.
19                  (E)  Cooperate with  and  assist  the  Illinois
20             Department   of  Children  and  Family  Services  in
21             carrying out its mandates to:
22                       (i)  identify alcohol and other drug abuse
23                  issues among its clients  and  their  families;
24                  and
25                       (ii)  develop  programs  and  services  to
26                  deal with such problems.
27             These  programs  and services may include, but shall
28             not be limited to, programs to prevent the abuse  of
29             alcohol  or  other  drugs  by DCFS clients and their
30             families, rehabilitation services, identifying child
31             care needs within the array  of  alcohol  and  other
32             drug  abuse  services,  and  assistance  with  other
33             issues as required.
34                  (F)  Cooperate  with  and  assist  the Illinois
 
                            -5-      LRB093 02164 ACG 02171 b
 1             Criminal Justice Information Authority with  respect
 2             to statistical and other information concerning drug
 3             abuse incidence and prevalence.
 4                  (G)  Cooperate   with   and  assist  the  State
 5             Superintendent of Education,  boards  of  education,
 6             schools, police departments, the Illinois Department
 7             of State Police, courts and other public and private
 8             agencies  and individuals in establishing prevention
 9             programs   statewide   and   preparing    curriculum
10             materials  for  use  at  all levels of education. An
11             agreement shall  be  entered  into  with  the  State
12             Superintendent   of   Education  to  assist  in  the
13             establishment of such programs.
14                  (H)  Cooperate with  and  assist  the  Illinois
15             Department  of  Public  Aid  in  the development and
16             provision  of  services  offered  to  recipients  of
17             public assistance for the treatment  and  prevention
18             of alcoholism and other drug abuse and dependency.
19                  (I)  Provide  training recommendations to other
20             State agencies funding alcohol or other  drug  abuse
21             prevention,      intervention,      treatment     or
22             rehabilitation services.
23             (5)  From monies appropriated to the Department from
24        the Drunk  and  Drugged  Driving  Prevention  Fund,  make
25        grants to reimburse DUI evaluation and remedial education
26        programs  licensed  by  the  Department  for the costs of
27        providing indigent  persons  with  free  or  reduced-cost
28        services  relating  to  a  charge  of  driving  under the
29        influence of alcohol or other drugs.
30             (6)  Promulgate regulations to  provide  appropriate
31        standards  for  publicly and privately funded programs as
32        well as  for  levels  of  payment  to  government  funded
33        programs   which   provide   an  array  of  services  for
34        prevention, intervention,  treatment  and  rehabilitation
 
                            -6-      LRB093 02164 ACG 02171 b
 1        for alcoholism and other drug abuse or dependency.
 2             (7)  In  consultation  with local service providers,
 3        specify a uniform  statistical  methodology  for  use  by
 4        agencies,  organizations,  individuals and the Department
 5        for   collection   and   dissemination   of   statistical
 6        information regarding services related to alcoholism  and
 7        other  drug  use and abuse. This shall include prevention
 8        services  delivered,  the  number  of  persons   treated,
 9        frequency  of  admission and readmission, and duration of
10        treatment.
11             (8)  Receive data and assistance from federal, State
12        and local governmental agencies,  and  obtain  copies  of
13        identification  and  arrest  data from all federal, State
14        and local law enforcement agencies for  use  in  carrying
15        out the purposes and functions of the Department.
16             (9)  Designate  and  license  providers  to  conduct
17        screening,  assessment,  referral and tracking of clients
18        identified by  the  criminal  justice  system  as  having
19        indications   of   alcoholism  or  other  drug  abuse  or
20        dependency and being eligible to  make  an  election  for
21        treatment  under  Section 40-5 of this Act, and assist in
22        the placement of individuals who are under court order to
23        participate in treatment.
24             (10)  Designate  medical   examination   and   other
25        programs  for determining alcoholism and other drug abuse
26        and dependency.
27             (11)  Encourage  service   providers   who   receive
28        financial assistance in any form from the State to assess
29        and collect fees for services rendered.
30             (12)  Make  grants  with funds appropriated from the
31        Drug Treatment Fund in accordance with Section 7  of  the
32        Controlled  Substance  and  Cannabis  Nuisance Act, or in
33        accordance with subsections (h) and (i) of Section  411.2
34        of the Illinois Controlled Substances Act.
 
                            -7-      LRB093 02164 ACG 02171 b
 1             (13)  Encourage  all health and disability insurance
 2        programs to include alcoholism and other drug  abuse  and
 3        dependency as a covered illness.
 4             (14)  Make   such   agreements,   grants-in-aid  and
 5        purchase-care arrangements  with  any  other  department,
 6        authority or commission of this State, or any other state
 7        or  the  federal government or with any public or private
 8        agency,  including  the   disbursement   of   funds   and
 9        furnishing  of  staff, to effectuate the purposes of this
10        Act.
11             (15)  Conduct  a  public  information  campaign   to
12        inform  the  State's  Hispanic  residents  regarding  the
13        prevention and treatment of alcoholism.
14             (16)  Design  and  implement  an  ongoing  statewide
15        campaign  to  raise  public awareness about fetal alcohol
16        syndrome and other effects of prenatal alcohol  exposure.
17        The  campaign  must  include  messages  directed  at  the
18        general  population  as  well  as culturally specific and
19        community-based messages.  The messages must include  the
20        number  of  a  toll-free  resource and referral telephone
21        line, which the Department must establish.  The  campaign
22        must  include  pamphlets  that  describe  the  causes and
23        effects of fetal alcohol syndrome;  the  Department  must
24        distribute  the  pamphlets  free of charge to each county
25        clerk in sufficient quantities to enable the county clerk
26        to provide  pamphlets  to  all  persons  applying  for  a
27        marriage license in the county.
28        (b)  In  addition  to  the  powers,  duties and functions
29    vested in it by this Act, or by other laws of this State, the
30    Department may undertake, but shall not be  limited  to,  the
31    following activities:
32             (1)  Require  all  programs funded by the Department
33        to include an education component to inform  participants
34        regarding  the  causes  and  means  of  transmission  and
 
                            -8-      LRB093 02164 ACG 02171 b
 1        methods of reducing the risk of acquiring or transmitting
 2        HIV  infection, and to include funding for such education
 3        component in its support of the program.
 4             (2)  Review  all  State  agency   applications   for
 5        federal  funds  which  include provisions relating to the
 6        prevention,   early   intervention   and   treatment   of
 7        alcoholism and other drug abuse and dependency  in  order
 8        to  ensure  consistency  with the comprehensive statewide
 9        plan developed pursuant to this Act.
10             (3)  Prepare,  publish,  evaluate,  disseminate  and
11        serve as a central repository for  educational  materials
12        dealing  with  the  nature  and effects of alcoholism and
13        other drug abuse and dependency.  Such materials may deal
14        with the educational needs of the citizens  of  Illinois,
15        and  may  include  at  least pamphlets which describe the
16        causes and effects of fetal alcohol syndrome,  which  the
17        Department  may  distribute free of charge to each county
18        clerk in sufficient quantities that the county clerk  may
19        provide  a  pamphlet  to  the  recipients of all marriage
20        licenses issued in the county.
21             (4)  Develop and coordinate, with regional and local
22        agencies, education and  training  programs  for  persons
23        engaged  in  providing  the array of services for persons
24        having alcoholism or  other  drug  abuse  and  dependency
25        problems,   which   programs  may  include  specific  HIV
26        education and training for program personnel.
27             (5)  Cooperate with and assist in the development of
28        education,  prevention   and   treatment   programs   for
29        employees  of  State and local governments and businesses
30        in the State.
31             (6)  Utilize   the   support   and   assistance   of
32        interested persons in the community, including recovering
33        addicts  and  alcoholics,  to  assist   individuals   and
34        communities  in  understanding the dynamics of addiction,
 
                            -9-      LRB093 02164 ACG 02171 b
 1        and to encourage individuals with alcohol or  other  drug
 2        abuse  or  dependency  problems  to  voluntarily  undergo
 3        treatment.
 4             (7)  Promote,   conduct,  assist  or  sponsor  basic
 5        clinical, epidemiological and statistical  research  into
 6        alcoholism  and  other  drug  abuse  and  dependency, and
 7        research into the prevention  of  those  problems  either
 8        solely  or  in  conjunction  with  any  public or private
 9        agency.
10             (8)  Cooperate with  public  and  private  agencies,
11        organizations  and  individuals  in  the  development  of
12        programs,   and   to  provide  technical  assistance  and
13        consultation services for this purpose.
14             (9)  Publish or provide  for  the  publishing  of  a
15        manual  to assist medical and social service providers in
16        identifying  alcoholism  and   other   drug   abuse   and
17        dependency   and   coordinating   the   multidisciplinary
18        delivery of services to addicted pregnant women, addicted
19        mothers  and their children.  The manual may be used only
20        to provide  information  and  may  not  be  used  by  the
21        Department   to   establish   practice   standards.   The
22        Department may not require  recipients  to  use  specific
23        providers   nor  may  they  require  providers  to  refer
24        recipients to specific providers. The manual may include,
25        but need not be limited to, the following:
26                  (A)  Information concerning risk assessments of
27             women seeking prenatal, natal, and postnatal medical
28             care.
29                  (B)  Information concerning risk assessments of
30             infants who may be substance-affected.
31                  (C)  Protocols that have been  adopted  by  the
32             Illinois  Department of Children and Family Services
33             for the reporting and investigation  of  allegations
34             of  child  abuse  or  neglect  under  the Abused and
 
                            -10-     LRB093 02164 ACG 02171 b
 1             Neglected Child Reporting Act.
 2                  (D)  Summary of procedures utilized in juvenile
 3             court in cases of children alleged or  found  to  be
 4             abused  or  neglected  as  a result of being born to
 5             addicted women.
 6                  (E)  Information   concerning    referral    of
 7             addicted  pregnant women, addicted mothers and their
 8             children by medical, social service,  and  substance
 9             abuse  treatment  providers,  by  the Departments of
10             Children and Family  Services,  Public  Aid,  Public
11             Health, and Human Services.
12                  (F)  Effects  of substance abuse on infants and
13             guidelines on the symptoms,  care,  and  comfort  of
14             drug-withdrawing infants.
15                  (G)  Responsibilities     of    the    Illinois
16             Department of Public Health to  maintain  statistics
17             on  the  number  of children in Illinois addicted at
18             birth.
19             (10)  To the extent  permitted  by  federal  law  or
20        regulation,  establish  and  maintain a clearinghouse and
21        central repository for the development and maintenance of
22        a centralized data collection  and  dissemination  system
23        and  a  management  information system for all alcoholism
24        and other drug abuse prevention, early  intervention  and
25        treatment services.
26             (11)  Fund,  promote  or  assist programs, services,
27        demonstrations or  research  dealing  with  addictive  or
28        habituating   behaviors  detrimental  to  the  health  of
29        Illinois citizens.
30             (12)  With monies appropriated from the  Group  Home
31        Loan  Revolving  Fund,  make  loans,  directly or through
32        subcontract, to  assist  in  underwriting  the  costs  of
33        housing  in  which individuals recovering from alcohol or
34        other drug abuse or dependency may reside  in  groups  of
 
                            -11-     LRB093 02164 ACG 02171 b
 1        not  less  than  6  persons, pursuant to Section 50-40 of
 2        this Act.
 3             (13)  Promulgate  such   regulations   as   may   be
 4        necessary   for   the  administration  of  grants  or  to
 5        otherwise  carry  out  the  purposes  and   enforce   the
 6        provisions of this Act.
 7             (14)  Fund  programs to help parents be effective in
 8        preventing substance abuse by building  an  awareness  of
 9        drugs  and  alcohol  and  the family's role in preventing
10        abuse  through  adjusting  expectations,  developing  new
11        skills, and setting positive family goals.  The  programs
12        shall  include,  but  not  be  limited  to, the following
13        subjects:  healthy  family  communication;   establishing
14        rules  and  limits; how to reduce family conflict; how to
15        build  self-esteem,  competency,  and  responsibility  in
16        children; how  to  improve  motivation  and  achievement;
17        effective discipline; problem solving techniques; and how
18        to  talk  about drugs and alcohol.  The programs shall be
19        open to all parents.
20    (Source:  P.A.  88-80;  incorporates  88-171;  88-670,   eff.
21    12-2-94; 89-363, eff. 1-1-96; 89-507, eff. 7-1-97.)