Full Text of HB4700 102nd General Assembly
HB4700 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4700 Introduced 1/21/2022, by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: |
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Amends the Substance Use Disorder Act. In provisions requiring the Department of Human Services to establish a public education program regarding gambling disorders, requires the program to (i) promote public awareness to create a gambling informed State regarding the impact of gambling disorders
on individuals, families, and communities and the stigma
that surrounds gambling disorders and (ii) use screening, crisis intervention, treatment,
public awareness, prevention, in-service training, and
other innovative means to decrease the incidents of
suicide attempts related to a gambling disorder or
gambling issues. Requires the Department to determine a statement regarding
obtaining assistance with a gambling disorder, which each
licensed gambling establishment owner shall post and each
master sports wagering licensee shall include on the master
sports wagering licensee's portal, Internet website, or
computer or mobile application. Permits the Department: to provide advice to State and
local officials on gambling disorders; to support gambling disorder
prevention, recognition, treatment, and recovery projects; to collaborate with other community-based
organizations, substance use disorder treatment
centers, or other health care providers engaged in
treating individuals who are experiencing gambling
disorder; and to perform other actions. Permits the Department to award grants to create or support local gambling
prevention, recognition, and response projects. Makes other changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Substance Use Disorder Act is amended by | 5 | | changing Sections 1-5, 1-10, 5-5, 5-10, 5-20, 10-10, 10-15, | 6 | | 10-20, 10-25, 10-30, 10-35, 10-40, 10-45, 10-50, 10-55, 10-60, | 7 | | 15-10, 20-5, 25-5, 25-10, 30-5, 35-5, 35-10, 40-5, 40-10, | 8 | | 40-15,40-20, 45-5, 45-10, 45-15, 45-20, 45-25, 45-30, 45-35, | 9 | | 45-40, 45-45, 45-50, 45-55, 50-5, 50-10, 50-20, 50-25, 50-30, | 10 | | 50-40, 55-30, 55-35, and 55-40, as follows:
| 11 | | (20 ILCS 301/1-5)
| 12 | | Sec. 1-5. Legislative declaration. Substance use and | 13 | | gambling disorders, as defined in this Act, constitute a | 14 | | serious public health problem. The effects on
public safety | 15 | | and the criminal justice system cause serious social and | 16 | | economic
losses, as well as great human suffering. It is | 17 | | imperative that a
comprehensive and coordinated strategy be | 18 | | developed under the leadership of a
State agency. This | 19 | | strategy should be implemented through the facilities of | 20 | | federal and local
government and community-based agencies | 21 | | (which may be public or private,
volunteer or professional). | 22 | | Through local
prevention, early intervention, treatment, and
| 23 | | other recovery support services, this strategy should empower |
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| 1 | | those struggling with these substance use disorders (and, when | 2 | | appropriate, the families of those persons) to lead healthy | 3 | | lives.
| 4 | | The human, social, and economic benefits of preventing | 5 | | these substance use disorders are great, and it is imperative | 6 | | that there be
interagency cooperation in the planning and | 7 | | delivery of prevention, early intervention, treatment, and | 8 | | other recovery support services in Illinois.
| 9 | | The provisions of this Act shall be liberally construed to | 10 | | enable the
Department to carry out these objectives and | 11 | | purposes.
| 12 | | (Source: P.A. 100-759, eff. 1-1-19 .)
| 13 | | (20 ILCS 301/1-10)
| 14 | | Sec. 1-10. Definitions. As used in this Act, unless the | 15 | | context clearly
indicates otherwise, the following words and | 16 | | terms have the following meanings:
| 17 | | "Case management" means a coordinated approach to the | 18 | | delivery of health and medical treatment, substance use | 19 | | disorder treatment, gambling disorder treatment, mental health | 20 | | treatment, and social services, linking patients with | 21 | | appropriate services to address specific needs and achieve | 22 | | stated goals. In general, case management assists patients | 23 | | with other disorders and conditions that require multiple | 24 | | services over extended periods of time and who face difficulty | 25 | | in gaining access to those services. |
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| 1 | | "Crime of violence" means any of the following crimes: | 2 | | murder, voluntary
manslaughter, criminal sexual assault, | 3 | | aggravated criminal sexual assault,
predatory criminal sexual | 4 | | assault of a child,
armed robbery, robbery, arson, kidnapping, | 5 | | aggravated battery, aggravated
arson, or any
other felony that | 6 | | involves the use or threat of physical force or violence
| 7 | | against another individual. | 8 | | "Department" means the Department of Human Services. | 9 | | "DUI" means driving under the influence of alcohol or | 10 | | other drugs. | 11 | | "Designated program" means a category of service | 12 | | authorized by an intervention license issued by the Department | 13 | | for delivery of all services as described in Article 40 in this | 14 | | Act. | 15 | | "Early intervention" means services, authorized by a | 16 | | treatment license, that are sub-clinical and pre-diagnostic | 17 | | and that are designed to screen, identify, and address risk | 18 | | factors that may be related to problems associated with a | 19 | | substance use or gambling disorder substance use disorders and | 20 | | to assist individuals in recognizing harmful consequences. | 21 | | Early intervention services facilitate emotional and social | 22 | | stability and involve involves referrals for treatment, as | 23 | | needed. | 24 | | "Facility" means the building or premises are used for the | 25 | | provision
of licensable services, including support services, | 26 | | as set forth by
rule. |
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| 1 | | "Gambling disorder" means persistent and recurring | 2 | | maladaptive gambling behavior that disrupts personal, family, | 3 | | or vocational pursuits. | 4 | | "Gambling" means the risking of money or other items of | 5 | | value in games of chance, including video gaming, sports | 6 | | betting, and other games of chance. | 7 | | "Gaming" means the action or practice of playing video | 8 | | games. | 9 | | "Holds itself out" means any activity that would lead one | 10 | | to reasonably conclude that the individual or entity provides | 11 | | or intends to provide licensable substance-related disorder | 12 | | intervention or treatment services. Such activities include, | 13 | | but are not limited to, advertisements, notices, statements, | 14 | | or contractual arrangements with managed care organizations, | 15 | | private health insurance, or employee assistance programs to | 16 | | provide services that require a license as specified in | 17 | | Article 15. | 18 | | "Informed consent" means legally valid written consent, | 19 | | given by a client, patient, or legal guardian, that authorizes | 20 | | intervention or treatment services from a licensed | 21 | | organization and that documents agreement to participate in | 22 | | those services and knowledge of the consequences of withdrawal | 23 | | from such services. Informed consent also acknowledges the | 24 | | client's or patient's right to a conflict-free choice of | 25 | | services from any licensed organization and the potential | 26 | | risks and benefits of selected services. |
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| 1 | | "Intoxicated person" means a person whose mental or | 2 | | physical functioning is
substantially impaired as a result of | 3 | | the current effects of alcohol or other
drugs within the body. | 4 | | "Medication assisted treatment" means the prescription of | 5 | | medications that are approved by the U.S. Food and Drug | 6 | | Administration and the Center for Substance Abuse Treatment to | 7 | | assist with treatment for a substance use disorder and to | 8 | | support recovery for individuals receiving services in a | 9 | | facility licensed by the Department. Medication assisted | 10 | | treatment includes opioid treatment services as authorized by | 11 | | a Department license. | 12 | | "Off-site services" means licensable services are
| 13 | | conducted at a location separate from the licensed location of | 14 | | the
provider, and services are operated by an entity licensed | 15 | | under
this Act and approved in advance by the Department. | 16 | | "Person" means any individual, firm, group, association, | 17 | | partnership,
corporation, trust, government or governmental | 18 | | subdivision or agency. | 19 | | "Prevention" means an interactive process of individuals, | 20 | | families, schools,
religious organizations, communities and | 21 | | regional, state and national
organizations whose goals are to | 22 | | reduce the prevalence of substance use or gambling disorders, | 23 | | prevent the use of illegal drugs and the
abuse of legal drugs | 24 | | by persons of all ages, prevent the use of alcohol by
minors, | 25 | | reduce the severity of harm in gambling by persons of all ages, | 26 | | build the capacities of individuals and systems, and promote |
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| 1 | | healthy
environments, lifestyles, and behaviors. | 2 | | "Recovery" means a process of change through which | 3 | | individuals improve their health and wellness, live a | 4 | | self-directed life, and reach their full potential. | 5 | | "Recovery support" means services designed to support | 6 | | individual recovery from a substance use or gambling disorder | 7 | | that may be delivered pre-treatment, during treatment, or post | 8 | | treatment. These services may be delivered in a wide variety | 9 | | of settings for the purpose of supporting the individual in | 10 | | meeting his or her recovery support goals. | 11 | | "Secretary" means the Secretary of the Department of Human | 12 | | Services or his or her designee. | 13 | | "Substance use disorder" means a spectrum of persistent | 14 | | and recurring problematic behavior that encompasses 10 | 15 | | separate classes of drugs: alcohol; caffeine; cannabis; | 16 | | hallucinogens; inhalants; opioids; sedatives, hypnotics and | 17 | | anxiolytics; stimulants; and tobacco; and other unknown | 18 | | substances leading to clinically significant impairment or | 19 | | distress. | 20 | | "Treatment" means the broad range of emergency, | 21 | | outpatient, and residential care (including assessment, | 22 | | diagnosis, case management, treatment, and recovery support | 23 | | planning) may be extended to individuals with substance use | 24 | | disorders or to the families of those persons. | 25 | | "Withdrawal management" means services designed to manage | 26 | | intoxication or withdrawal episodes (previously referred to as |
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| 1 | | detoxification), interrupt the momentum of habitual, | 2 | | compulsive substance use and begin the initial engagement in | 3 | | medically necessary substance use disorder treatment. | 4 | | Withdrawal management allows patients to safely withdraw from | 5 | | substances in a controlled medically-structured environment.
| 6 | | (Source: P.A. 100-759, eff. 1-1-19 .)
| 7 | | (20 ILCS 301/5-5)
| 8 | | Sec. 5-5. Successor department; home rule.
| 9 | | (a) The Department of Human Services, as successor to the | 10 | | Department of
Alcoholism and Substance Abuse, shall
assume the | 11 | | various rights, powers, duties, and functions provided for in
| 12 | | this Act.
| 13 | | (b) It is declared to be the public policy of this State, | 14 | | pursuant to
paragraphs (h) and (i) of Section 6 of Article VII | 15 | | of the Illinois Constitution
of 1970, that the powers and | 16 | | functions set forth in this Act and expressly
delegated to the | 17 | | Department
are exclusive State powers and functions. Nothing | 18 | | herein prohibits the
exercise of any power or the performance | 19 | | of any function, including the power
to regulate, for the | 20 | | protection of the public health, safety, morals and
welfare, | 21 | | by any unit of local government, other than the powers and | 22 | | functions
set forth in this Act and expressly delegated to the | 23 | | Department to be exclusive
State powers and functions.
| 24 | | (c) The Department shall, through accountable and | 25 | | efficient leadership,
example and commitment to excellence, |
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| 1 | | strive to reduce the incidence of substance use or gambling | 2 | | disorders by:
| 3 | | (1) Fostering public understanding of substance use | 4 | | disorders and how they affect individuals, families, and | 5 | | communities.
| 6 | | (2) Promoting healthy lifestyles.
| 7 | | (3) Promoting understanding and support for sound | 8 | | public policies.
| 9 | | (4) Ensuring quality prevention, early intervention, | 10 | | treatment, and other recovery support
services that are | 11 | | accessible and responsive to the diverse needs of
| 12 | | individuals, families, and communities.
| 13 | | (Source: P.A. 100-759, eff. 1-1-19 .)
| 14 | | (20 ILCS 301/5-10)
| 15 | | Sec. 5-10. Functions of the Department.
| 16 | | (a) In addition to the powers, duties and functions vested | 17 | | in the Department
by this Act, or by other laws of this State, | 18 | | the Department shall carry out the
following activities:
| 19 | | (1) Design, coordinate and fund comprehensive
| 20 | | community-based and culturally and gender-appropriate | 21 | | services
throughout the State. These services must include
| 22 | | prevention, early intervention, treatment, and other
| 23 | | recovery support services for substance use disorders that
| 24 | | are accessible and address addresses the needs of at-risk
| 25 | | individuals and their families.
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| 1 | | (2) Act as the exclusive State agency to accept, | 2 | | receive and expend,
pursuant to appropriation, any public | 3 | | or private monies, grants or services,
including those | 4 | | received from the federal government or from other State
| 5 | | agencies, for the purpose of providing prevention, early
| 6 | | intervention, treatment, and other recovery support
| 7 | | services for substance use or gambling disorders.
| 8 | | (2.5) In partnership with the Department of Healthcare | 9 | | and Family Services, act as one of the principal State | 10 | | agencies for the sole purpose of calculating the | 11 | | maintenance of effort requirement under Section 1930 of | 12 | | Title XIX, Part B, Subpart II of the Public Health Service | 13 | | Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR | 14 | | 96.134). | 15 | | (3) Coordinate a statewide strategy for the
| 16 | | prevention, early intervention,
treatment, and recovery | 17 | | support of substance use or gambling
disorders. This | 18 | | strategy shall include the development of a
comprehensive | 19 | | plan, submitted annually with the
application for federal | 20 | | substance use disorder block grant
funding, for the | 21 | | provision of an array of such services. The plan shall be | 22 | | based on local community-based needs and upon
data | 23 | | including, but not limited to, that which defines the | 24 | | prevalence of and
costs associated with these substance | 25 | | use
disorders.
This comprehensive plan shall include | 26 | | identification of problems, needs,
priorities, services |
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| 1 | | and other pertinent information, including the needs of
| 2 | | minorities and other specific priority populations in the | 3 | | State, and shall describe how
the identified problems and | 4 | | needs will be addressed. For purposes of this
paragraph, | 5 | | the term "minorities and other specific priority | 6 | | populations" may include,
but shall not be limited to, | 7 | | groups such as women, children, persons who use | 8 | | intravenous drugs intravenous drug
users , persons with | 9 | | AIDS or who are HIV infected, veterans, African-Americans, | 10 | | Puerto
Ricans, Hispanics, Asian Americans, the elderly, | 11 | | persons in the criminal
justice system, persons who are | 12 | | clients of services provided by other State
agencies, | 13 | | persons with disabilities and such other specific | 14 | | populations as the
Department may from time to time | 15 | | identify. In developing the plan, the
Department shall | 16 | | seek input from providers, parent groups, associations and
| 17 | | interested citizens.
| 18 | | The plan
developed under this Section shall include an | 19 | | explanation of the rationale to
be used in ensuring that | 20 | | funding shall be based upon local community needs,
| 21 | | including, but not limited to, the incidence and | 22 | | prevalence of, and costs
associated with, these substance | 23 | | use
disorders, as
well as upon demonstrated program | 24 | | performance.
| 25 | | The plan developed under this Section shall
also | 26 | | contain a report detailing the activities of and progress |
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| 1 | | made through services for the
care and treatment of these | 2 | | substance use disorders among
pregnant women and mothers | 3 | | and their children established
under subsection (j) of | 4 | | Section 35-5.
| 5 | | As applicable, the plan developed under this Section
| 6 | | shall also include information about funding by other | 7 | | State
agencies for prevention, early intervention, | 8 | | treatment,
and other recovery support services.
| 9 | | (4) Lead, foster and develop cooperation, coordination | 10 | | and agreements
among federal and State governmental | 11 | | agencies and local providers that provide
assistance, | 12 | | services, funding or other functions, peripheral or | 13 | | direct, in the
prevention, early intervention, treatment,
| 14 | | and recovery support for substance use or gambling | 15 | | disorders. This shall include, but shall not be limited | 16 | | to,
the following:
| 17 | | (A) Cooperate with and assist other State
| 18 | | agencies, as applicable, in establishing and
| 19 | | conducting these substance use disorder services among | 20 | | the
populations they respectively serve.
| 21 | | (B) Cooperate with and assist the Illinois | 22 | | Department of Public Health
in the establishment, | 23 | | funding and support of programs and services for the
| 24 | | promotion of maternal and child health and the | 25 | | prevention and treatment of
infectious diseases, | 26 | | including but not limited to HIV infection, especially
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| 1 | | with respect to those persons who are high risk due to
| 2 | | intravenous injection of illegal drugs, or who may | 3 | | have
been sexual partners of these individuals, or who | 4 | | may
have impaired immune systems as a result of a
| 5 | | substance use disorder.
| 6 | | (C) Supply to the Department of Public Health and | 7 | | prenatal care
providers a list of all providers who | 8 | | are
licensed to provide substance use disorder | 9 | | treatment
for pregnant women in this State.
| 10 | | (D) Assist in the placement of child abuse or | 11 | | neglect perpetrators
(identified by the Illinois | 12 | | Department of Children and Family Services (DCFS)) who
| 13 | | have been determined to be in need of substance use
| 14 | | disorder treatment
pursuant to Section 8.2 of the | 15 | | Abused and Neglected Child Reporting Act.
| 16 | | (E) Cooperate with and assist DCFS in carrying out | 17 | | its mandates to:
| 18 | | (i) identify substance use and gambling | 19 | | disorders among its clients and
their families; | 20 | | and
| 21 | | (ii) develop services to deal with such | 22 | | disorders.
| 23 | | These services may include, but shall not be limited | 24 | | to,
programs to prevent or treat substance
use or | 25 | | gambling disorders with DCFS clients and their | 26 | | families,
identifying child care needs within such |
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| 1 | | treatment, and assistance with other
issues as | 2 | | required.
| 3 | | (F) Cooperate with and assist the Illinois | 4 | | Criminal Justice Information
Authority with respect to | 5 | | statistical and other information concerning the | 6 | | incidence and prevalence of substance use or gambling
| 7 | | disorders.
| 8 | | (G) Cooperate with and assist the State | 9 | | Superintendent of Education,
boards of education, | 10 | | schools, police departments, the Illinois State | 11 | | Police, courts and other public and private agencies | 12 | | and individuals in
establishing substance use or | 13 | | gambling disorder prevention programs statewide and | 14 | | preparing curriculum materials
for use at all levels | 15 | | of education.
| 16 | | (H) Cooperate with and assist the Illinois | 17 | | Department of Healthcare and Family Services in
the | 18 | | development and provision of services offered to | 19 | | recipients of public
assistance for the treatment and | 20 | | prevention of substance use or gambling disorders.
| 21 | | (I) (Blank).
| 22 | | (5) From monies appropriated to the Department from | 23 | | the Drunk and Drugged
Driving Prevention Fund, reimburse | 24 | | DUI evaluation and risk
education programs licensed by the | 25 | | Department for providing
indigent persons with free or | 26 | | reduced-cost evaluation and risk education services |
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| 1 | | relating to a charge of
driving under the influence of | 2 | | alcohol or other drugs.
| 3 | | (6) Promulgate regulations to identify and disseminate | 4 | | best practice guidelines that can be utilized by publicly
| 5 | | and privately funded programs as well as for levels of | 6 | | payment to government
funded programs that provide | 7 | | prevention,
early intervention, treatment, and other | 8 | | recovery support services for substance use or gambling | 9 | | disorders and those services referenced in Sections 15-10
| 10 | | and 40-5.
| 11 | | (7) In consultation with providers and
related trade | 12 | | associations, specify a uniform
methodology for use by | 13 | | funded providers and the
Department for billing
and | 14 | | collection and dissemination of statistical information
| 15 | | regarding services related to substance use or gambling
| 16 | | disorders.
| 17 | | (8) Receive data and assistance from federal, State | 18 | | and local governmental
agencies, and obtain copies of | 19 | | identification and arrest data from all federal,
State and | 20 | | local law enforcement agencies for use in carrying out the | 21 | | purposes
and functions of the Department.
| 22 | | (9) Designate and license providers to conduct | 23 | | screening, assessment,
referral and tracking of clients | 24 | | identified by the criminal justice system as
having | 25 | | indications of substance use
disorders and being
eligible | 26 | | to make an election for treatment under Section 40-5 of |
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| 1 | | this Act, and
assist in the placement of individuals who | 2 | | are under court order to participate
in treatment.
| 3 | | (10) Identify and disseminate evidence-based best | 4 | | practice guidelines as maintained in administrative rule | 5 | | that can be utilized to determine a substance use or | 6 | | gambling disorder diagnosis.
| 7 | | (11) (Blank).
| 8 | | (12) Make grants with funds appropriated from the Drug | 9 | | Treatment Fund in
accordance with Section 7 of the | 10 | | Controlled Substance and Cannabis Nuisance
Act, or in | 11 | | accordance with Section 80 of the Methamphetamine Control | 12 | | and Community Protection Act, or in accordance with | 13 | | subsections (h) and (i) of Section 411.2 of the
Illinois | 14 | | Controlled Substances Act, or in accordance with Section | 15 | | 6z-107 of the State Finance Act.
| 16 | | (13) Encourage all health and disability insurance | 17 | | programs to include
substance use and gambling disorder
| 18 | | treatment as a covered services service and to use | 19 | | evidence-based best practice criteria as maintained in | 20 | | administrative rule and as required in Public Act 99-0480 | 21 | | in determining the necessity for such services and | 22 | | continued stay.
| 23 | | (14) Award grants and enter into fixed-rate and | 24 | | fee-for-service arrangements
with any other department, | 25 | | authority or commission of this State, or any other
state | 26 | | or the federal government or with any public or private |
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| 1 | | agency, including
the disbursement of funds and furnishing | 2 | | of staff, to effectuate the purposes
of this Act.
| 3 | | (15) Conduct a public information campaign to inform | 4 | | the State's
Hispanic residents regarding the prevention | 5 | | and treatment of substance use or gambling disorders.
| 6 | | (b) In addition to the powers, duties and functions vested | 7 | | in it by this
Act, or by other laws of this State, the | 8 | | Department may undertake, but shall
not be limited to, the | 9 | | following activities:
| 10 | | (1) Require all organizations licensed or funded by | 11 | | the Department to include an education
component to inform | 12 | | participants regarding the causes and means of | 13 | | transmission
and methods of reducing the risk of acquiring | 14 | | or transmitting HIV infection and other infectious
| 15 | | diseases,
and to include funding for such education | 16 | | component in its support of the
program.
| 17 | | (2) Review all State agency applications for federal | 18 | | funds that include
provisions relating to the prevention, | 19 | | early intervention and treatment of
substance use or | 20 | | gambling
disorders in order to ensure consistency.
| 21 | | (3) Prepare, publish, evaluate, disseminate and serve | 22 | | as a central
repository for educational materials dealing | 23 | | with the nature and effects of
substance use or gambling | 24 | | disorders. Such materials may deal with
the educational | 25 | | needs of the citizens of Illinois, and may include at | 26 | | least
pamphlets that describe the causes and effects of |
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| 1 | | fetal alcohol
spectrum disorders.
| 2 | | (4) Develop and coordinate, with regional and local | 3 | | agencies, education
and training programs for persons | 4 | | engaged in providing services
for persons with
substance | 5 | | use or gambling disorders,
which programs may include | 6 | | specific HIV education and training for program
personnel.
| 7 | | (5) Cooperate with and assist in the development of | 8 | | education, prevention, early intervention,
and treatment | 9 | | programs for employees of State and local governments and
| 10 | | businesses in the State.
| 11 | | (6) Utilize the support and assistance of interested | 12 | | persons in the
community, including recovering persons, to | 13 | | assist individuals
and communities in understanding the | 14 | | dynamics of substance use or gambling
disorders, and to | 15 | | encourage
individuals with these substance use disorders | 16 | | to
voluntarily undergo treatment.
| 17 | | (7) Promote, conduct, assist or sponsor basic | 18 | | clinical, epidemiological
and statistical research into | 19 | | substance use or gambling disorders
and research into the | 20 | | prevention of those problems either solely or in
| 21 | | conjunction with any public or private agency.
| 22 | | (8) Cooperate with public and private agencies, | 23 | | organizations , institutions of higher education, and
| 24 | | individuals in the development of programs, and to provide | 25 | | technical assistance
and consultation services for this | 26 | | purpose.
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| 1 | | (9) (Blank).
| 2 | | (10) (Blank).
| 3 | | (11) Fund, promote, or assist entities dealing with
| 4 | | substance use or gambling disorders.
| 5 | | (12) With monies appropriated from the Group Home Loan | 6 | | Revolving Fund,
make loans, directly or through | 7 | | subcontract, to assist in underwriting the
costs of | 8 | | housing in which individuals recovering from substance use | 9 | | or gambling
disorders may reside, pursuant
to Section | 10 | | 50-40 of this Act.
| 11 | | (13) Promulgate such regulations as may be necessary | 12 | | to carry out the purposes and enforce the
provisions of | 13 | | this Act.
| 14 | | (14) Provide funding to help parents be effective in | 15 | | preventing
substance use or gambling disorders by building | 16 | | an awareness of the family's
role in preventing these | 17 | | substance use disorders through adjusting expectations, | 18 | | developing new skills,
and setting positive family goals. | 19 | | The programs shall include, but not be
limited to, the | 20 | | following subjects: healthy family communication; | 21 | | establishing
rules and limits; how to reduce family | 22 | | conflict; how to build self-esteem,
competency, and | 23 | | responsibility in children; how to improve motivation and
| 24 | | achievement; effective discipline; problem solving | 25 | | techniques; healthy gaming and play habits; appropriate | 26 | | financial planning and investment strategies; how to talk |
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| 1 | | about gambling and related activities; and how to talk
| 2 | | about substance use or gambling drugs and alcohol . The | 3 | | programs shall be open to all parents.
| 4 | | (Source: P.A. 101-10, eff. 6-5-19; 102-538, eff. 8-20-21.)
| 5 | | (20 ILCS 301/5-20)
| 6 | | Sec. 5-20. Gambling disorders.
| 7 | | (a) Subject to appropriation, the Department shall | 8 | | establish a program for
public education, research, and | 9 | | training regarding
gambling disorders and the treatment and | 10 | | prevention of gambling disorders.
Subject to specific | 11 | | appropriation for these stated purposes, the program must
| 12 | | include all of the following:
| 13 | | (1) Establishment and maintenance of a toll-free | 14 | | hotline and website "800" telephone number
to provide | 15 | | crisis counseling and referral services for to families | 16 | | experiencing
difficulty related to a as a result of | 17 | | gambling disorder disorders .
| 18 | | (2) Promotion of public awareness regarding the | 19 | | recognition and
prevention of gambling disorders. | 20 | | Promotion of public awareness to create a gambling | 21 | | informed State regarding the impact of gambling disorders | 22 | | on individuals, families, and communities and the stigma | 23 | | that surrounds gambling disorders.
| 24 | | (3) Facilitation, through in-service training , | 25 | | certification promotion, and other innovative means, of |
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| 1 | | the
availability of effective assistance programs for | 2 | | gambling disorders.
| 3 | | (4) Conducting studies to , and through other | 4 | | innovative means, identify adults and juveniles in this
| 5 | | State who have, or who are at risk of developing, gambling | 6 | | disorders.
| 7 | | (5) Utilize screening, crisis intervention, treatment, | 8 | | public awareness, prevention, in-service training, and | 9 | | other innovative means, to decrease the incidents of | 10 | | suicide attempts related to a gambling disorder or | 11 | | gambling issues. | 12 | | (b) Subject to appropriation, the Department shall either | 13 | | establish and
maintain the program or contract with a private | 14 | | or public entity for the
establishment and maintenance of the | 15 | | program. Subject to appropriation, either
the Department or | 16 | | the private or public entity shall implement the hotline and | 17 | | website toll-free
telephone number , promote public awareness, | 18 | | conduct research, fund treatment and recovery services, and | 19 | | conduct in-service training
concerning gambling disorders.
| 20 | | (c) The Department shall determine a statement regarding | 21 | | obtaining assistance with a gambling disorder which each | 22 | | licensed gambling establishment owner shall post and each | 23 | | master sports wagering licensee shall include on the master | 24 | | sports wagering licensee's portal, Internet website, or | 25 | | computer or mobile application. Subject to appropriation, the | 26 | | Department shall produce and supply the
signs with the |
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| 1 | | statement as specified in Section 10.7 of the Illinois Lottery | 2 | | Law, Section 34.1 of
the Illinois Horse Racing Act of 1975, | 3 | | Section 4.3 of the Bingo License and Tax
Act, Section 8.1 of | 4 | | the Charitable Games Act, Section 25.95 of the Sports Wagering | 5 | | Act, and Section 13.1 of the Illinois
Gambling Act , and the | 6 | | Video Gaming Act .
| 7 | | (d) Programs; gambling disorder prevention. | 8 | | (1) The Department may establish a program to provide
| 9 | | for the production and publication, in electronic and | 10 | | other formats, of gambling prevention, recognition, | 11 | | treatment, and recovery literature and other public | 12 | | education methods. The Department may develop and | 13 | | disseminate curricula for use by professionals, | 14 | | organizations, individuals, or committees interested in | 15 | | the prevention of gambling disorders. | 16 | | (2) The Department may provide advice to State and
| 17 | | local officials on gambling disorders, including the | 18 | | prevalence of gambling disorders, programs treating or | 19 | | promoting prevention of gambling disorders, trends in | 20 | | gambling disorder prevalence, and the relationship between | 21 | | gaming and gambling disorders. | 22 | | (3) The Department may support gambling disorder | 23 | | prevention, recognition, treatment, and recovery projects | 24 | | by facilitating the acquisition of gambling prevention | 25 | | curriculums, providing trainings in gambling disorder | 26 | | prevention best practices, connecting programs to health |
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| 1 | | care resources, establishing learning collaboratives | 2 | | between localities and programs, and assisting programs in | 3 | | navigating any regulatory requirements for establishing or | 4 | | expanding such programs. | 5 | | (4) In supporting best practices in gambling disorder | 6 | | prevention programming, the Department may promote the | 7 | | following programmatic elements: | 8 | | (A) Providing funding for community-based | 9 | | organizations to employ community health workers or | 10 | | peer
recovery specialists who are familiar with the | 11 | | communities served and can provide culturally | 12 | | competent services. | 13 | | (B) Collaborating with other community-based
| 14 | | organizations, substance use disorder treatment | 15 | | centers, or other health care providers engaged in | 16 | | treating individuals who are experiencing gambling | 17 | | disorder. | 18 | | (C) Providing linkages for individuals to obtain
| 19 | | evidence-based gambling disorder treatment. | 20 | | (D) Engaging individuals exiting jails or prisons
| 21 | | who are at a high risk of developing a gambling | 22 | | disorder. | 23 | | (E) Providing education and training to
| 24 | | community-based organizations who work directly with | 25 | | individuals who are experiencing gambling disorders | 26 | | and those individuals' families and communities. |
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| 1 | | (F) Providing education and training on gambling | 2 | | disorder prevention and response to the judicial | 3 | | system. | 4 | | (G) Informing communities of the impact gambling | 5 | | disorder has on suicidal ideation and suicide attempts | 6 | | and the role health care professionals can have in | 7 | | identifying appropriate treatment. | 8 | | (H) Producing and distributing targeted mass
media | 9 | | materials on gambling disorder prevention and | 10 | | response, and the potential dangers of gambling | 11 | | related stigma. | 12 | | (e) Grants. | 13 | | (1) The Department may award grants, in accordance
| 14 | | with this subsection, to create or support local gambling | 15 | | prevention, recognition, and response projects. Local | 16 | | health departments, correctional institutions, hospitals, | 17 | | universities, community-based organizations, and | 18 | | faith-based organizations may apply to the Department for | 19 | | a grant under this subsection at the time and in the manner | 20 | | the Department prescribes. | 21 | | (2) In awarding grants, the Department shall consider
| 22 | | the necessity for gambling disorder prevention projects in | 23 | | various settings and shall encourage all grant applicants | 24 | | to develop interventions that will be effective and viable | 25 | | in their local areas. | 26 | | (3) In addition to moneys appropriated by the General
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| 1 | | Assembly, the Department may seek grants from private | 2 | | foundations, the federal government, and other sources to | 3 | | fund the grants under this Section and to fund an | 4 | | evaluation of the programs supported by the grants. | 5 | | (4) The Department may award grants to create or | 6 | | support local gambling treatment programs. Such programs | 7 | | may include prevention, early intervention, residential | 8 | | and outpatient treatment, and recovery support services | 9 | | for gambling disorders. Local health departments, | 10 | | hospitals, universities, community-based organizations, | 11 | | and faith-based organizations may apply to the Department | 12 | | for a grant under this subsection at the time and in the | 13 | | manner the Department prescribes. | 14 | | (Source: P.A. 100-759, eff. 1-1-19; 101-31, eff. 6-28-19.)
| 15 | | (20 ILCS 301/10-10)
| 16 | | Sec. 10-10. Powers and duties of the Council. The Council | 17 | | shall:
| 18 | | (a) Advise the Department on ways to encourage public | 19 | | understanding and
support of the Department's programs.
| 20 | | (b) Advise the Department on regulations and licensure | 21 | | proposed by the
Department.
| 22 | | (c) Advise the Department in the formulation, | 23 | | preparation, and
implementation of the annual plan | 24 | | submitted with the federal Substance Use Disorder Block | 25 | | Grant application for prevention, early intervention, |
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| 1 | | treatment, and other recovery support services for | 2 | | substance use disorders.
| 3 | | (d) Advise the Department on implementation of | 4 | | substance use and gambling disorder education and | 5 | | prevention programs throughout the State.
| 6 | | (e) Assist with incorporating into the annual plan | 7 | | submitted with the federal Substance Use Disorder Block | 8 | | Grant application, planning information specific to | 9 | | Illinois' female population. The information shall | 10 | | contain, but need
not be limited to, the types of services
| 11 | | funded, the population served, the support services | 12 | | available, and the goals, objectives,
proposed methods of | 13 | | achievement, service projections and cost estimate for the
| 14 | | upcoming year.
| 15 | | (f) Perform other duties as requested by the | 16 | | Secretary. | 17 | | (g) Advise the Department in the planning, | 18 | | development, and coordination of programs among all | 19 | | agencies and departments of State government, including | 20 | | programs to reduce substance use and gambling disorders, | 21 | | prevent the misuse of illegal and legal drugs by persons | 22 | | of all ages, prevent gambling and gaming by minors, and | 23 | | prevent the use of alcohol by minors. | 24 | | (h) Promote and encourage participation by the private | 25 | | sector, including business, industry, labor, and the | 26 | | media, in programs to prevent substance use and gambling |
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| 1 | | disorders. | 2 | | (i) Encourage the implementation of programs to | 3 | | prevent substance use and gambling disorders in the public | 4 | | and private schools and educational institutions. | 5 | | (j) Gather information, conduct hearings, and make | 6 | | recommendations to the Secretary concerning additions, | 7 | | deletions, or rescheduling of substances under the | 8 | | Illinois Controlled Substances Act. | 9 | | (k) Report as requested to the General Assembly | 10 | | regarding the activities and recommendations made by the | 11 | | Council.
| 12 | | (Source: P.A. 100-759, eff. 1-1-19 .)
| 13 | | (20 ILCS 301/10-15)
| 14 | | Sec. 10-15. Qualification and appointment of members. The | 15 | | membership of
the Illinois Advisory Council may, as needed, | 16 | | consist of:
| 17 | | (a) A State's Attorney designated by the President of | 18 | | the Illinois State's
Attorneys Association.
| 19 | | (b) A judge designated by the Chief Justice of the | 20 | | Illinois Supreme Court.
| 21 | | (c) A Public Defender appointed by the President of | 22 | | the Illinois Public Defender
Association.
| 23 | | (d) A local law enforcement officer appointed by the | 24 | | Governor.
| 25 | | (e) A labor representative appointed by the Governor.
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| 1 | | (f) An educator appointed by the Governor.
| 2 | | (g) A physician licensed to practice medicine in all | 3 | | its branches
appointed
by the Governor with due regard for | 4 | | the appointee's knowledge of the field of
substance use | 5 | | disorders.
| 6 | | (h) 4 members of the Illinois House of | 7 | | Representatives, 2 each appointed
by the Speaker and | 8 | | Minority Leader.
| 9 | | (i) 4 members of the Illinois Senate, 2 each appointed | 10 | | by the President
and Minority Leader.
| 11 | | (j) The Chief Executive Officer of the Illinois | 12 | | Association for Behavioral Health or his or her designee.
| 13 | | (k) An advocate for the needs of youth appointed by | 14 | | the Governor.
| 15 | | (l) The President of the Illinois State Medical | 16 | | Society or his or her
designee.
| 17 | | (m) The President of the Illinois Hospital Association | 18 | | or his or her
designee.
| 19 | | (n) The President of the Illinois Nurses Association | 20 | | or a registered nurse
designated by the President.
| 21 | | (o) The President of the Illinois Pharmacists | 22 | | Association or a licensed
pharmacist designated by the | 23 | | President.
| 24 | | (p) The President of the Illinois Chapter of the | 25 | | Association of Labor-Management Administrators and | 26 | | Consultants on Alcoholism.
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| 1 | | (p-1) The Chief Executive Officer of the Community | 2 | | Behavioral Healthcare Association
of Illinois or his or | 3 | | her designee.
| 4 | | (q) The Attorney General or his or her designee.
| 5 | | (r) The State Comptroller or his or her designee.
| 6 | | (s) 20 public members, 8 appointed by the Governor, 3 | 7 | | of whom shall be
representatives of substance use or | 8 | | gambling disorder treatment
programs and one of whom shall | 9 | | be a representative of a manufacturer or
importing | 10 | | distributor of alcoholic liquor licensed by the State of | 11 | | Illinois,
and 3 public members appointed by each of the | 12 | | President and Minority Leader of
the Senate and the | 13 | | Speaker and Minority Leader of the House. | 14 | | (t) The Director, Secretary, or other chief | 15 | | administrative officer, ex officio, or his or her | 16 | | designee, of each of the following: the Department on | 17 | | Aging, the Department of Children and Family Services, the | 18 | | Department of Corrections, the Department of Juvenile | 19 | | Justice, the Department of Healthcare and Family Services, | 20 | | the Department of Revenue, the Department of Public | 21 | | Health, the Department of Financial and Professional | 22 | | Regulation, the Illinois State Police, the Administrative | 23 | | Office of the Illinois Courts, the Criminal Justice | 24 | | Information Authority, and the Department of | 25 | | Transportation. | 26 | | (u) Each of the following, ex officio, or his or her |
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| 1 | | designee: the Secretary of State, the State Superintendent | 2 | | of Education, and the Chairman of the Board of Higher | 3 | | Education.
| 4 | | The public members may not be officers or employees of the | 5 | | executive branch
of State government; however, the public | 6 | | members may be officers or employees
of a State college or | 7 | | university or of any law enforcement agency. In
appointing | 8 | | members, due consideration shall be given to the experience of
| 9 | | appointees in the fields of medicine, law, prevention, | 10 | | correctional activities,
and social welfare. Vacancies in the | 11 | | public membership shall be filled for the
unexpired term by | 12 | | appointment in like manner as for original appointments, and
| 13 | | the appointive members shall serve until their successors are | 14 | | appointed and
have qualified. Vacancies among the public | 15 | | members appointed by the
legislative leaders shall be filled | 16 | | by the leader of the same house and of the
same political party | 17 | | as the leader who originally appointed the member.
| 18 | | Each non-appointive member may designate a representative | 19 | | to serve in his
place by written notice to the Department. All | 20 | | General Assembly members shall
serve until their respective | 21 | | successors are appointed or until termination of
their | 22 | | legislative service, whichever occurs first. The terms of | 23 | | office for
each of the members appointed by the Governor shall | 24 | | be for 3 years, except that
of the members first appointed, 3 | 25 | | shall be appointed for a term of one year,
and 4 shall be | 26 | | appointed for a term of 2 years. The terms of office of each of
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| 1 | | the public members appointed by the legislative leaders shall | 2 | | be for 2 years.
| 3 | | (Source: P.A. 102-538, eff. 8-20-21.)
| 4 | | (20 ILCS 301/15-10)
| 5 | | Sec. 15-10. Licensure categories and services. No person | 6 | | or program may provide the
services or conduct the activities | 7 | | described in this Section without first
obtaining a license | 8 | | therefor from the Department, unless otherwise exempted under | 9 | | this Act. The Department shall, by
rule, provide requirements | 10 | | for each of the following types of licenses and categories of | 11 | | service: | 12 | | (a) Treatment: Categories of treatment service for a | 13 | | substance use or gambling disorder authorized by a | 14 | | treatment license are Early Intervention, Outpatient, | 15 | | Intensive Outpatient/Partial Hospitalization, Subacute | 16 | | Residential/Inpatient, and Withdrawal Management. | 17 | | Medication assisted treatment that includes methadone used | 18 | | for an opioid use disorder can be licensed as an adjunct to | 19 | | any of the treatment levels of care specified in this | 20 | | Section. | 21 | | (b) Intervention: Categories of intervention service | 22 | | authorized by an intervention license are DUI Evaluation, | 23 | | DUI Risk Education, Designated Program, and Recovery Homes | 24 | | for persons in any stage of recovery from a substance use | 25 | | or gambling disorder. Harm reduction, which includes |
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| 1 | | overdose prevention sites and service, is another category | 2 | | of intervention licensure that can be issued if and when | 3 | | legal authorization is adopted to allow for this service | 4 | | and upon promulgation of administrative or funding rules | 5 | | that govern the delivery of the service.
| 6 | | The Department may, under procedures established by rule | 7 | | and upon a showing
of good cause for such, exempt off-site | 8 | | services from having to obtain a
separate license for services | 9 | | conducted away from the provider's licensed location.
| 10 | | (Source: P.A. 100-759, eff. 1-1-19 .)
| 11 | | (20 ILCS 301/20-5)
| 12 | | Sec. 20-5. Development of statewide prevention system.
| 13 | | (a) The Department shall develop and implement a | 14 | | comprehensive, statewide,
community-based strategy to reduce | 15 | | substance use and gambling disorders and prevent the misuse of | 16 | | illegal and legal drugs by persons of all ages, and to prevent | 17 | | the use of
alcohol by minors. The system created to implement | 18 | | this strategy shall be
based on the premise that coordination | 19 | | among and integration between all
community and governmental | 20 | | systems will facilitate effective and efficient
program | 21 | | implementation and utilization of existing resources.
| 22 | | (b) The statewide system developed under this Section may | 23 | | be adopted by administrative rule or funded as a grant award | 24 | | condition and shall be responsible
for:
| 25 | | (1) Providing programs and technical assistance to |
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| 1 | | improve the ability of
Illinois communities and schools to | 2 | | develop, implement and evaluate prevention
programs.
| 3 | | (2) Initiating and fostering continuing cooperation | 4 | | among the Department,
Department-funded prevention | 5 | | programs, other community-based prevention
providers and | 6 | | other State, regional, or local systems or agencies that | 7 | | have an interest
in substance use disorder prevention.
| 8 | | (c) In developing, implementing, and advocating for this | 9 | | statewide strategy and system, the
Department may engage in, | 10 | | but shall not be limited to, the following
activities:
| 11 | | (1) Establishing and conducting programs to provide | 12 | | awareness and
knowledge of the nature and extent of | 13 | | substance use and gambling disorders and their effect on | 14 | | individuals, families, and communities.
| 15 | | (2) Conducting or providing prevention skill building | 16 | | or education through
the use of structured experiences.
| 17 | | (3) Developing, supporting, and advocating with new | 18 | | and existing local community coalitions or
| 19 | | neighborhood-based grassroots networks using action | 20 | | planning and collaborative
systems to initiate change | 21 | | regarding substance use and gambling disorders in
their | 22 | | communities.
| 23 | | (4) Encouraging, supporting, and advocating for | 24 | | programs and activities that emphasize
alcohol-free and | 25 | | other drug-free lifestyles.
| 26 | | (5) Drafting and implementing efficient plans for the |
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| 1 | | use of available
resources to address issues of substance | 2 | | use disorder prevention.
| 3 | | (6) Coordinating local programs of alcoholism and | 4 | | other drug abuse
education and prevention.
| 5 | | (7) Encouraging the development of local advisory | 6 | | councils.
| 7 | | (d) In providing leadership to this system, the Department | 8 | | shall take into
account, wherever possible, the needs and | 9 | | requirements of local communities.
The Department shall also | 10 | | involve, wherever possible, local communities in its
statewide | 11 | | planning efforts. These planning efforts shall include, but | 12 | | shall
not be limited to, in cooperation with local community | 13 | | representatives and
Department-funded agencies, the analysis | 14 | | and application of results of local
needs assessments, as well | 15 | | as a process for the integration of an evaluation
component | 16 | | into the system. The results of this collaborative planning | 17 | | effort
shall be taken into account by the Department in making | 18 | | decisions regarding the
allocation of prevention resources.
| 19 | | (e) Prevention programs funded in whole or in part by the | 20 | | Department shall
maintain staff whose skills, training, | 21 | | experiences and cultural awareness
demonstrably match the | 22 | | needs of the people they are serving.
| 23 | | (f) The Department may delegate the functions and | 24 | | activities described in
subsection (c) of this Section to | 25 | | local, community-based providers.
| 26 | | (Source: P.A. 100-759, eff. 1-1-19 .)
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| 1 | | (20 ILCS 301/25-5)
| 2 | | Sec. 25-5. Establishment of comprehensive treatment | 3 | | system. The
Department shall develop, fund and implement a | 4 | | comprehensive, statewide,
community-based system for the | 5 | | provision of early intervention,
treatment, and recovery | 6 | | support services for persons suffering from substance use or | 7 | | gambling disorders. The system created under this Section | 8 | | shall be based on the
premise that coordination among and | 9 | | integration between all community and
governmental systems | 10 | | will facilitate effective and efficient program
implementation | 11 | | and utilization of existing resources.
| 12 | | (Source: P.A. 100-759, eff. 1-1-19 .)
| 13 | | (20 ILCS 301/25-10)
| 14 | | Sec. 25-10. Promulgation of regulations. The Department | 15 | | shall adopt
regulations for licensure, certification for | 16 | | Medicaid reimbursement, and to identify evidence-based best | 17 | | practice criteria that can be utilized for intervention and | 18 | | treatment services, taking into consideration
available | 19 | | resources and facilities, for the purpose of early and | 20 | | effective
treatment of substance use and gambling disorders.
| 21 | | (Source: P.A. 100-759, eff. 1-1-19 .)
| 22 | | (20 ILCS 301/30-5)
| 23 | | Sec. 30-5. Patients' rights established.
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| 1 | | (a) For purposes of this Section, "patient" means any | 2 | | person who is
receiving or has received early intervention, | 3 | | treatment, or other recovery support services under
this Act | 4 | | or any category of service licensed as "intervention" under | 5 | | this Act.
| 6 | | (b) No patient shall be deprived of any rights, benefits,
| 7 | | or privileges guaranteed by law, the Constitution of the | 8 | | United States of
America, or the Constitution of the State of | 9 | | Illinois solely because of his
or her status as a patient.
| 10 | | (c) Persons who have substance use or gambling disorders | 11 | | who are
also suffering from medical conditions shall not be | 12 | | discriminated against in
admission or treatment by any | 13 | | hospital that receives support in any form supported in whole | 14 | | or in part by funds appropriated to any State
department or | 15 | | agency.
| 16 | | (d) Every patient shall have impartial access to services | 17 | | without regard to
race, religion, sex, ethnicity, age, sexual | 18 | | orientation, gender identity, marital status, or other | 19 | | disability.
| 20 | | (e) Patients shall be permitted the free exercise of | 21 | | religion.
| 22 | | (f) Every patient's personal dignity shall be recognized | 23 | | in the provision
of services, and a patient's personal privacy | 24 | | shall be assured and protected
within the constraints of his | 25 | | or her individual treatment.
| 26 | | (g) Treatment services shall be provided in the least |
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| 1 | | restrictive
environment possible.
| 2 | | (h) Each patient receiving treatment services shall be | 3 | | provided an individual treatment plan, which
shall be | 4 | | periodically reviewed and updated as mandated by | 5 | | administrative rule.
| 6 | | (i) Treatment shall be person-centered, meaning that every | 7 | | patient shall be permitted to participate in the planning of | 8 | | his
or her total care and medical treatment to the extent that | 9 | | his or her condition permits.
| 10 | | (j) A person shall not be denied treatment solely because | 11 | | he or she has withdrawn
from treatment against medical advice | 12 | | on a prior occasion or had prior treatment episodes.
| 13 | | (k) The patient in residential treatment shall be | 14 | | permitted visits by family and
significant others, unless such | 15 | | visits are clinically contraindicated.
| 16 | | (l) A patient in residential treatment shall be allowed to | 17 | | conduct private telephone
conversations with family and | 18 | | friends unless clinically contraindicated.
| 19 | | (m) A patient in residential treatment shall be permitted | 20 | | to send and receive mail without
hindrance, unless clinically | 21 | | contraindicated.
| 22 | | (n) A patient shall be permitted to manage his or her own | 23 | | financial affairs unless
the patient or the patient's | 24 | | guardian, or if the patient is a minor, the patient's parent, | 25 | | authorizes
another competent person to do so.
| 26 | | (o) A patient shall be permitted to request the opinion of |
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| 1 | | a consultant at
his or her own expense, or to request an | 2 | | in-house review of a treatment plan, as
provided in the | 3 | | specific procedures of the provider. A treatment provider is
| 4 | | not liable for the negligence of any consultant.
| 5 | | (p) Unless otherwise prohibited by State or federal law, | 6 | | every patient
shall be permitted to obtain from his or her own | 7 | | physician, the treatment provider, or
the treatment provider's | 8 | | consulting physician complete and current information
| 9 | | concerning the nature of care, procedures, and treatment that | 10 | | he or she will receive.
| 11 | | (q) A patient shall be permitted to refuse to participate | 12 | | in any
experimental research or medical procedure without | 13 | | compromising his or her access to
other, non-experimental | 14 | | services. Before a patient is placed in an
experimental | 15 | | research or medical procedure, the provider must first obtain | 16 | | his
or her informed written consent or otherwise comply with | 17 | | the federal requirements
regarding the protection of human | 18 | | subjects contained in 45 CFR C.F.R.
Part 46.
| 19 | | (r) All medical treatment and procedures shall be | 20 | | administered as ordered
by a physician and in accordance with | 21 | | all Department rules.
| 22 | | (s) Every patient in treatment shall be permitted to | 23 | | refuse medical treatment and to
know the consequences of such | 24 | | action. Such refusal by a patient shall free the
treatment | 25 | | licensee from the obligation to provide the treatment.
| 26 | | (t) Unless otherwise prohibited by State or federal law, |
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| 1 | | every patient,
patient's guardian, or parent, if the patient | 2 | | is a minor, shall be permitted to
inspect and copy all clinical | 3 | | and other records kept by the intervention or treatment | 4 | | licensee
or by his or her physician concerning his or her care | 5 | | and maintenance. The licensee
or physician may charge a | 6 | | reasonable fee for the duplication of a record.
| 7 | | (u) No owner, licensee, administrator, employee, or agent | 8 | | of a licensed intervention or treatment
program shall abuse or | 9 | | neglect a patient. It is the duty of any individual who becomes | 10 | | aware of such abuse or neglect to report it to
the Department | 11 | | immediately.
| 12 | | (v) The licensee may refuse access to any
person if the | 13 | | actions of that person are or could be
injurious to the health | 14 | | and safety of a patient or the licensee, or if the
person seeks | 15 | | access for commercial purposes.
| 16 | | (w) All patients admitted to community-based treatment | 17 | | facilities shall be considered voluntary treatment patients | 18 | | and such patients shall not be contained within a locked | 19 | | setting.
| 20 | | (x) Patients and their families or legal guardians shall | 21 | | have the right to
present complaints to the provider or the | 22 | | Department concerning the quality of care provided to the | 23 | | patient,
without threat of discharge or reprisal in any form | 24 | | or manner whatsoever. The complaint process and procedure | 25 | | shall be adopted by the Department by rule. The
treatment | 26 | | provider shall have in place a mechanism for receiving and |
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| 1 | | responding
to such complaints, and shall inform the patient | 2 | | and the patient's family or legal
guardian of this mechanism | 3 | | and how to use it. The provider shall analyze any
complaint | 4 | | received and, when indicated, take appropriate corrective | 5 | | action.
Every patient and his or her family member or legal | 6 | | guardian who makes a complaint
shall receive a timely response | 7 | | from the provider that substantively addresses
the complaint. | 8 | | The provider shall inform the patient and the patient's family | 9 | | or legal
guardian about other sources of assistance if the | 10 | | provider has not resolved the
complaint to the satisfaction of | 11 | | the patient or the patient's family or legal guardian.
| 12 | | (y) A patient may refuse to perform labor at a program | 13 | | unless such labor
is a part of the patient's individual | 14 | | treatment plan as documented in the patient's clinical
record.
| 15 | | (z) A person who is in need of services may apply for | 16 | | voluntary admission
in the manner and with the rights provided | 17 | | for under
regulations promulgated by the Department. If a | 18 | | person is refused admission, then staff, subject to rules
| 19 | | promulgated by the Department, shall refer the person to | 20 | | another facility or to other appropriate services.
| 21 | | (aa) No patient shall be denied services based solely on | 22 | | HIV status.
Further, records and information governed by the | 23 | | AIDS Confidentiality Act and
the AIDS Confidentiality and | 24 | | Testing Code (77 Ill. Adm. Code 697) shall be
maintained in | 25 | | accordance therewith.
| 26 | | (bb) Records of the identity, diagnosis, prognosis or |
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| 1 | | treatment of any
patient maintained in connection with the | 2 | | performance of any service or
activity relating to substance | 3 | | use or gambling disorder education, early
intervention, | 4 | | intervention, training, or treatment that is
regulated, | 5 | | authorized, or directly or indirectly assisted by any | 6 | | Department or
agency of this State or under any provision of | 7 | | this Act shall be confidential
and may be disclosed only in | 8 | | accordance with the provisions of federal law and
regulations | 9 | | concerning the confidentiality of substance use disorder | 10 | | patient
records as contained in 42 U.S.C. Sections 290dd-2 and | 11 | | 42 CFR C.F.R.
Part 2, or any successor federal statute or | 12 | | regulation.
| 13 | | (1) The following are exempt from the confidentiality | 14 | | protections set
forth in 42 CFR C.F.R. Section 2.12(c):
| 15 | | (A) Veteran's Administration records.
| 16 | | (B) Information obtained by the Armed Forces.
| 17 | | (C) Information given to qualified service | 18 | | organizations.
| 19 | | (D) Communications within a program or between a | 20 | | program and an entity
having direct administrative | 21 | | control over that program.
| 22 | | (E) Information given to law enforcement personnel | 23 | | investigating a
patient's commission of a crime on the | 24 | | program premises or against program
personnel.
| 25 | | (F) Reports under State law of incidents of | 26 | | suspected child abuse and
neglect; however, |
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| 1 | | confidentiality restrictions continue to
apply to the | 2 | | records and any follow-up information for disclosure | 3 | | and use in
civil or criminal proceedings arising from | 4 | | the report of suspected abuse or
neglect.
| 5 | | (2) If the information is not exempt, a disclosure can | 6 | | be made only under
the following circumstances:
| 7 | | (A) With patient consent as set forth in 42 CFR | 8 | | C.F.R. Sections 2.1(b)(1)
and 2.31, and as consistent | 9 | | with pertinent State law.
| 10 | | (B) For medical emergencies as set forth in 42 CFR | 11 | | C.F.R. Sections
2.1(b)(2) and 2.51.
| 12 | | (C) For research activities as set forth in 42 CFR | 13 | | C.F.R. Sections
2.1(b)(2) and 2.52.
| 14 | | (D) For audit evaluation activities as set forth | 15 | | in 42 CFR C.F.R. Section
2.53.
| 16 | | (E) With a court order as set forth in 42 CFR | 17 | | C.F.R. Sections 2.61 through
2.67.
| 18 | | (3) The restrictions on disclosure and use of patient | 19 | | information apply
whether the holder of the information | 20 | | already has it, has other means of
obtaining it, is a law | 21 | | enforcement or other official, has obtained a subpoena,
or | 22 | | asserts any other justification for a disclosure or use | 23 | | that is not
permitted by 42 CFR C.F.R. Part 2. Any court | 24 | | orders authorizing disclosure of
patient records under | 25 | | this Act must comply with the procedures and criteria set
| 26 | | forth in 42 CFR C.F.R. Sections 2.64 and 2.65. Except as |
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| 1 | | authorized by a court
order granted under this Section, no | 2 | | record referred to in this Section may be
used to initiate | 3 | | or substantiate any charges against a patient or to | 4 | | conduct
any investigation of a patient.
| 5 | | (4) The prohibitions of this subsection shall apply to | 6 | | records concerning
any person who has been a patient, | 7 | | regardless of whether or when the person ceases to
be a | 8 | | patient.
| 9 | | (5) Any person who discloses the content of any record | 10 | | referred to in this
Section except as authorized shall, | 11 | | upon conviction, be guilty of a Class A
misdemeanor.
| 12 | | (6) The Department shall prescribe regulations to | 13 | | carry out the purposes
of
this subsection. These | 14 | | regulations may contain such definitions, and may
provide | 15 | | for such safeguards and procedures, including procedures | 16 | | and criteria
for the issuance and scope of court orders, | 17 | | as in the judgment of the
Department are necessary or | 18 | | proper to effectuate the purposes of this Section,
to | 19 | | prevent circumvention or evasion thereof, or to facilitate | 20 | | compliance
therewith.
| 21 | | (cc) Each patient shall be given a written explanation of | 22 | | all the rights
enumerated in this Section and a copy, signed by | 23 | | the patient, shall be kept in every patient record. If a | 24 | | patient is unable to read such written
explanation, it shall | 25 | | be read to the patient in a language that the patient
| 26 | | understands. A copy of all the rights enumerated in this |
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| 1 | | Section shall be
posted in a conspicuous place within the | 2 | | program where it may readily be
seen and read by program | 3 | | patients and visitors.
| 4 | | (dd) The program shall ensure that its staff is familiar | 5 | | with and observes
the rights and responsibilities enumerated | 6 | | in this Section.
| 7 | | (ee) Licensed organizations shall comply with the right of | 8 | | any adolescent to consent to treatment without approval of the | 9 | | parent or legal guardian in accordance with the Consent by | 10 | | Minors to Health Care Services Medical Procedures Act. | 11 | | (ff) At the point of admission for services, licensed | 12 | | organizations must obtain written informed consent, as defined | 13 | | in Section 1-10 and in administrative rule, from each client, | 14 | | patient, or legal guardian. | 15 | | (Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19; | 16 | | revised 12-1-21.)
| 17 | | (20 ILCS 301/35-5)
| 18 | | Sec. 35-5. Services for pregnant women and mothers.
| 19 | | (a) In order to promote a comprehensive, statewide and | 20 | | multidisciplinary
approach to serving pregnant women and | 21 | | mothers, including those who
are minors, and their children | 22 | | who are affected by substance use or gambling disorders, the | 23 | | Department shall have responsibility for an ongoing
exchange | 24 | | of referral information among the following:
| 25 | | (1) those who provide medical and social services to |
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| 1 | | pregnant women,
mothers and their children, whether or not | 2 | | there exists evidence of a substance use or gambling | 3 | | disorder. These include any other State-funded medical or | 4 | | social services to pregnant women.
| 5 | | (2) providers of treatment services to women affected | 6 | | by substance use or gambling disorders.
| 7 | | (b) (Blank).
| 8 | | (c) (Blank).
| 9 | | (d) (Blank).
| 10 | | (e) (Blank).
| 11 | | (f) The Department shall develop and maintain an updated | 12 | | and comprehensive
directory of licensed providers that deliver | 13 | | treatment and intervention services. The Department shall post | 14 | | on its website a licensed provider directory updated at least | 15 | | quarterly.
| 16 | | (g) As a condition of any State grant or contract, the | 17 | | Department shall
require that any treatment program for women | 18 | | with substance use or gambling disorders provide services, | 19 | | either
by its own staff or by agreement with other agencies or | 20 | | individuals, which
include but need not be limited to the | 21 | | following:
| 22 | | (1) coordination with any program providing case
| 23 | | management services to ensure ongoing monitoring and | 24 | | coordination of services
after the addicted woman has | 25 | | returned home.
| 26 | | (2) coordination with medical services for individual |
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| 1 | | medical care of
pregnant women, including prenatal care | 2 | | under the supervision of a
physician.
| 3 | | (3) coordination with child care services.
| 4 | | (h) As a condition of any State grant or contract, the | 5 | | Department shall
require that any nonresidential program | 6 | | receiving any funding for treatment
services accept women who | 7 | | are pregnant, provided that such services are
clinically | 8 | | appropriate. Failure to comply with this subsection shall | 9 | | result in
termination of the grant or contract and loss of | 10 | | State funding.
| 11 | | (i)(1) From funds appropriated expressly for the purposes | 12 | | of this Section,
the Department shall create or contract with | 13 | | licensed, certified agencies to
develop a program for the care | 14 | | and treatment of pregnant women,
mothers and their children. | 15 | | The program shall be in Cook County in an
area of high density | 16 | | population having a disproportionate number of
women with | 17 | | substance use and other disorders and a high infant mortality | 18 | | rate.
| 19 | | (2) From funds appropriated expressly for the purposes of | 20 | | this Section,
the
Department shall create or contract with | 21 | | licensed, certified agencies to
develop a program for the care | 22 | | and treatment of low income pregnant women. The
program shall | 23 | | be located anywhere in the State outside of Cook County in an
| 24 | | area of high density population having a disproportionate | 25 | | number of low income
pregnant women.
| 26 | | (3) In implementing the programs established under this |
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| 1 | | subsection, the
Department shall contract with existing | 2 | | residential treatment or recovery homes in areas
having a | 3 | | disproportionate number of women with substance use and other | 4 | | disorders who
need residential treatment. Priority shall be | 5 | | given to women who:
| 6 | | (A) are pregnant, especially if they are intravenous | 7 | | drug users,
| 8 | | (B) have minor children,
| 9 | | (C) are both pregnant and have minor children, or
| 10 | | (D) are referred by medical personnel because they | 11 | | either have given
birth
to a baby with a substance use | 12 | | disorder, or will give birth to a baby
with a substance use | 13 | | disorder.
| 14 | | (4) The services provided by the programs shall include | 15 | | but not be limited
to:
| 16 | | (A) individual medical care, including prenatal care, | 17 | | under the
supervision of a physician.
| 18 | | (B) temporary, residential shelter for pregnant women, | 19 | | mothers and
children when necessary.
| 20 | | (C) a range of educational or counseling services.
| 21 | | (D) comprehensive and coordinated social services, | 22 | | including therapy groups for the treatment of substance | 23 | | use disorders; family therapy groups; programs to develop | 24 | | positive self-awareness;
parent-child therapy; and | 25 | | residential support groups.
| 26 | | (5) (Blank).
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| 1 | | (Source: P.A. 100-759, eff. 1-1-19 .)
| 2 | | (20 ILCS 301/35-10)
| 3 | | Sec. 35-10. Adolescent Family Life Program.
| 4 | | (a) The General Assembly finds and declares the following:
| 5 | | (1) In Illinois, a substantial number of babies are | 6 | | born each year to
adolescent mothers between 12 and 19 | 7 | | years of age.
| 8 | | (2) A substantial percentage of pregnant adolescents | 9 | | have substance use disorders or live in environments in | 10 | | which substance use disorders occur and thus are at risk | 11 | | of exposing
their infants to dangerous and harmful | 12 | | circumstances.
| 13 | | (3) It is difficult to provide substance use disorder | 14 | | counseling for adolescents
in settings designed to serve | 15 | | adults.
| 16 | | (b) To address the findings set forth in subsection (a), | 17 | | and subject to appropriation, the Department
may
establish and | 18 | | fund treatment strategies to meet the developmental, social, | 19 | | and educational
needs of high-risk pregnant adolescents and | 20 | | shall do the
following:
| 21 | | (1) To the maximum extent feasible and appropriate, | 22 | | utilize existing
services and funding rather than create | 23 | | new, duplicative services.
| 24 | | (2) Include plans for coordination and collaboration | 25 | | with existing
perinatal substance use disorder services.
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| 1 | | (3) Include goals and objectives for reducing the | 2 | | incidence of high-risk
pregnant adolescents.
| 3 | | (4) Be culturally and linguistically appropriate to | 4 | | the population
being served.
| 5 | | (5) Include staff development training by substance | 6 | | use and other disorder counselors.
| 7 | | As used in this Section, "high-risk pregnant adolescent" | 8 | | means a person at
least 12
but not more than 18 years of age | 9 | | with a substance use or other disorder who is pregnant.
| 10 | | (c) (Blank).
| 11 | | (Source: P.A. 100-759, eff. 1-1-19 .)
| 12 | | (20 ILCS 301/50-40)
| 13 | | Sec. 50-40. Group Home Loan Revolving Fund.
| 14 | | (a) There is hereby established the Group Home Loan | 15 | | Revolving Fund, referred
to in this Section as the "fund", to | 16 | | be held as a separate fund within the
State Treasury. Monies in | 17 | | this fund shall be appropriated to the Department on
a | 18 | | continuing annual basis. With these funds, the Department | 19 | | shall, directly or
through subcontract, make loans to assist | 20 | | in underwriting the costs of housing
in which there may reside | 21 | | individuals who are recovering from
substance use or gambling | 22 | | disorders, and who are seeking an alcohol-free , gambling-free, | 23 | | or drug-free
environment in which to live. Consistent with | 24 | | federal law and regulation, the
Department may establish | 25 | | guidelines for approving the use and management of monies |
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| 1 | | loaned
from the fund, the operation of group homes receiving | 2 | | loans under this Section
and the repayment of monies loaned.
| 3 | | (b) There shall be deposited into the fund such amounts | 4 | | including, but not
limited to:
| 5 | | (1) All receipts, including principal and interest | 6 | | payments and royalties,
from any applicable loan agreement | 7 | | made from the fund.
| 8 | | (2) All proceeds of assets of whatever nature received | 9 | | by the Department
as a result of default or delinquency | 10 | | with respect to loan agreements made from
the fund, | 11 | | including proceeds from the sale, disposal, lease or | 12 | | rental of real
or personal property that the Department | 13 | | may receive as a result thereof.
| 14 | | (3) Any direct appropriations made by the General | 15 | | Assembly, or any gifts
or grants made by any person to the | 16 | | fund.
| 17 | | (4) Any income received from interest on investments | 18 | | of monies in the
fund.
| 19 | | (c) The Treasurer may invest monies in the fund in | 20 | | securities constituting
obligations of the United States | 21 | | government, or in obligations the principal of
and interest on | 22 | | which are guaranteed by the United States government, or in
| 23 | | certificates of deposit of any State or national bank which | 24 | | are fully secured
by obligations guaranteed as to principal | 25 | | and interest by the United States
government.
| 26 | | (Source: P.A. 100-759, eff. 1-1-19 .)
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| 1 | | (20 ILCS 301/55-30) | 2 | | Sec. 55-30. Rate increase. | 3 | | (a) The Department shall by rule develop the increased | 4 | | rate methodology and annualize the increased rate beginning | 5 | | with State fiscal year 2018 contracts to licensed providers of | 6 | | community-based substance use and gambling disorders disorder | 7 | | intervention or treatment, based on the additional amounts | 8 | | appropriated for the purpose of providing a rate increase to | 9 | | licensed providers. The Department shall adopt rules, | 10 | | including emergency rules under subsection (y) of Section 5-45 | 11 | | of the Illinois Administrative Procedure Act, to implement the | 12 | | provisions of this Section.
| 13 | | (b) Within 30 days after June 4, 2018 (the effective date | 14 | | of Public Act 100-587), the Division of Substance Use | 15 | | Prevention and Recovery shall apply an increase in rates of 3% | 16 | | above the rate paid on June 30, 2017 to all Medicaid and | 17 | | non-Medicaid reimbursable service rates. The Department shall | 18 | | adopt rules, including emergency rules under subsection (bb) | 19 | | of Section 5-45 of the Illinois Administrative Procedure Act, | 20 | | to implement the provisions of this subsection (b). | 21 | | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | 22 | | 100-759, eff. 1-1-19; 101-81, eff. 7-12-19.) | 23 | | (20 ILCS 301/55-40) | 24 | | Sec. 55-40. Recovery residences. |
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| 1 | | (a) As used in this Section, "recovery residence" means a | 2 | | sober, safe, and healthy living environment that promotes | 3 | | recovery from alcohol and other drug use and associated | 4 | | problems. These residences are not subject to Department | 5 | | licensure as they are viewed as independent living residences | 6 | | that only provide peer support and a lengthened exposure to | 7 | | the culture of recovery. | 8 | | (b) The Department shall develop and maintain an online | 9 | | registry for recovery residences that operate in Illinois to | 10 | | serve as a resource for individuals seeking continued recovery | 11 | | assistance. | 12 | | (c) Non-licensable recovery residences are encouraged to | 13 | | register with the Department and the registry shall be | 14 | | publicly available through online posting. | 15 | | (d) The registry shall indicate any accreditation, | 16 | | certification, or licensure that each recovery residence has | 17 | | received from an entity that has developed uniform national | 18 | | standards. The registry shall also indicate each recovery | 19 | | residence's location in order to assist providers and | 20 | | individuals in finding alcohol , gambling, and drug free | 21 | | housing options with like-minded residents who are committed | 22 | | to alcohol , gambling, and drug free living. | 23 | | (e) Registrants are encouraged to seek national | 24 | | accreditation from any entity that has developed uniform State | 25 | | or national standards for recovery residences. | 26 | | (f) The Department shall include a disclaimer on the |
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| 1 | | registry that states that the recovery residences are not | 2 | | regulated by the Department and their listing is provided as a | 3 | | resource but not as an endorsement by the State.
| 4 | | (Source: P.A. 100-1062, eff. 1-1-19; 101-81, eff. 7-12-19.)
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 20 ILCS 301/1-5 | | | 4 | | 20 ILCS 301/1-10 | | | 5 | | 20 ILCS 301/5-5 | | | 6 | | 20 ILCS 301/5-10 | | | 7 | | 20 ILCS 301/5-20 | | | 8 | | 20 ILCS 301/10-10 | | | 9 | | 20 ILCS 301/10-15 | | | 10 | | 20 ILCS 301/15-10 | | | 11 | | 20 ILCS 301/20-5 | | | 12 | | 20 ILCS 301/25-5 | | | 13 | | 20 ILCS 301/25-10 | | | 14 | | 20 ILCS 301/30-5 | | | 15 | | 20 ILCS 301/35-5 | | | 16 | | 20 ILCS 301/35-10 | | | 17 | | 20 ILCS 301/50-40 | | | 18 | | 20 ILCS 301/55-30 | | | 19 | | 20 ILCS 301/55-40 | |
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