Illinois General Assembly - Full Text of HB4700
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Full Text of HB4700  102nd General Assembly




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1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Substance Use Disorder Act is amended by
5changing Sections 1-5, 1-10, 5-5, 5-10, 5-20, 10-10, 10-15,
610-20, 10-25, 10-30, 10-35, 10-40, 10-45, 10-50, 10-55, 10-60,
715-10, 20-5, 25-5, 25-10, 30-5, 35-5, 35-10, 40-5, 40-10,
840-15,40-20, 45-5, 45-10, 45-15, 45-20, 45-25, 45-30, 45-35,
945-40, 45-45, 45-50, 45-55, 50-5, 50-10, 50-20, 50-25, 50-30,
1050-40, 55-30, 55-35, and 55-40, as follows:
11    (20 ILCS 301/1-5)
12    Sec. 1-5. Legislative declaration. Substance use and
13gambling disorders, as defined in this Act, constitute a
14serious public health problem. The effects on public safety
15and the criminal justice system cause serious social and
16economic losses, as well as great human suffering. It is
17imperative that a comprehensive and coordinated strategy be
18developed under the leadership of a State agency. This
19strategy should be implemented through the facilities of
20federal and local government and community-based agencies
21(which may be public or private, volunteer or professional).
22Through local prevention, early intervention, treatment, and
23other recovery support services, this strategy should empower



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1those struggling with these substance use disorders (and, when
2appropriate, the families of those persons) to lead healthy
4    The human, social, and economic benefits of preventing
5these substance use disorders are great, and it is imperative
6that there be interagency cooperation in the planning and
7delivery of prevention, early intervention, treatment, and
8other recovery support services in Illinois.
9    The provisions of this Act shall be liberally construed to
10enable the Department to carry out these objectives and
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
15context clearly indicates otherwise, the following words and
16terms have the following meanings:
17    "Case management" means a coordinated approach to the
18delivery of health and medical treatment, substance use
19disorder treatment, gambling disorder treatment, mental health
20treatment, and social services, linking patients with
21appropriate services to address specific needs and achieve
22stated goals. In general, case management assists patients
23with other disorders and conditions that require multiple
24services over extended periods of time and who face difficulty
25in gaining access to those services.



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1    "Crime of violence" means any of the following crimes:
2murder, voluntary manslaughter, criminal sexual assault,
3aggravated criminal sexual assault, predatory criminal sexual
4assault of a child, armed robbery, robbery, arson, kidnapping,
5aggravated battery, aggravated arson, or any other felony that
6involves the use or threat of physical force or violence
7against another individual.
8    "Department" means the Department of Human Services.
9    "DUI" means driving under the influence of alcohol or
10other drugs.
11    "Designated program" means a category of service
12authorized by an intervention license issued by the Department
13for delivery of all services as described in Article 40 in this
15    "Early intervention" means services, authorized by a
16treatment license, that are sub-clinical and pre-diagnostic
17and that are designed to screen, identify, and address risk
18factors that may be related to problems associated with a
19substance use or gambling disorder substance use disorders and
20to assist individuals in recognizing harmful consequences.
21Early intervention services facilitate emotional and social
22stability and involve involves referrals for treatment, as
24    "Facility" means the building or premises are used for the
25provision of licensable services, including support services,
26as set forth by rule.



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1    "Gambling disorder" means persistent and recurring
2maladaptive gambling behavior that disrupts personal, family,
3or vocational pursuits.
4    "Gambling" means the risking of money or other items of
5value in games of chance, including video gaming, sports
6betting, and other games of chance.
7    "Gaming" means the action or practice of playing video
9    "Holds itself out" means any activity that would lead one
10to reasonably conclude that the individual or entity provides
11or intends to provide licensable substance-related disorder
12intervention or treatment services. Such activities include,
13but are not limited to, advertisements, notices, statements,
14or contractual arrangements with managed care organizations,
15private health insurance, or employee assistance programs to
16provide services that require a license as specified in
17Article 15.
18    "Informed consent" means legally valid written consent,
19given by a client, patient, or legal guardian, that authorizes
20intervention or treatment services from a licensed
21organization and that documents agreement to participate in
22those services and knowledge of the consequences of withdrawal
23from such services. Informed consent also acknowledges the
24client's or patient's right to a conflict-free choice of
25services from any licensed organization and the potential
26risks and benefits of selected services.



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1    "Intoxicated person" means a person whose mental or
2physical functioning is substantially impaired as a result of
3the current effects of alcohol or other drugs within the body.
4    "Medication assisted treatment" means the prescription of
5medications that are approved by the U.S. Food and Drug
6Administration and the Center for Substance Abuse Treatment to
7assist with treatment for a substance use disorder and to
8support recovery for individuals receiving services in a
9facility licensed by the Department. Medication assisted
10treatment includes opioid treatment services as authorized by
11a Department license.
12    "Off-site services" means licensable services are
13conducted at a location separate from the licensed location of
14the provider, and services are operated by an entity licensed
15under this Act and approved in advance by the Department.
16    "Person" means any individual, firm, group, association,
17partnership, corporation, trust, government or governmental
18subdivision or agency.
19    "Prevention" means an interactive process of individuals,
20families, schools, religious organizations, communities and
21regional, state and national organizations whose goals are to
22reduce the prevalence of substance use or gambling disorders,
23prevent the use of illegal drugs and the abuse of legal drugs
24by persons of all ages, prevent the use of alcohol by minors,
25reduce the severity of harm in gambling by persons of all ages,
26build the capacities of individuals and systems, and promote



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1healthy environments, lifestyles, and behaviors.
2    "Recovery" means a process of change through which
3individuals improve their health and wellness, live a
4self-directed life, and reach their full potential.
5    "Recovery support" means services designed to support
6individual recovery from a substance use or gambling disorder
7that may be delivered pre-treatment, during treatment, or post
8treatment. These services may be delivered in a wide variety
9of settings for the purpose of supporting the individual in
10meeting his or her recovery support goals.
11    "Secretary" means the Secretary of the Department of Human
12Services or his or her designee.
13    "Substance use disorder" means a spectrum of persistent
14and recurring problematic behavior that encompasses 10
15separate classes of drugs: alcohol; caffeine; cannabis;
16hallucinogens; inhalants; opioids; sedatives, hypnotics and
17anxiolytics; stimulants; and tobacco; and other unknown
18substances leading to clinically significant impairment or
20    "Treatment" means the broad range of emergency,
21outpatient, and residential care (including assessment,
22diagnosis, case management, treatment, and recovery support
23planning) may be extended to individuals with substance use
24disorders or to the families of those persons.
25    "Withdrawal management" means services designed to manage
26intoxication or withdrawal episodes (previously referred to as



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1detoxification), interrupt the momentum of habitual,
2compulsive substance use and begin the initial engagement in
3medically necessary substance use disorder treatment.
4Withdrawal management allows patients to safely withdraw from
5substances 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
10Department of Alcoholism and Substance Abuse, shall assume the
11various rights, powers, duties, and functions provided for in
12this Act.
13    (b) It is declared to be the public policy of this State,
14pursuant to paragraphs (h) and (i) of Section 6 of Article VII
15of the Illinois Constitution of 1970, that the powers and
16functions set forth in this Act and expressly delegated to the
17Department are exclusive State powers and functions. Nothing
18herein prohibits the exercise of any power or the performance
19of any function, including the power to regulate, for the
20protection of the public health, safety, morals and welfare,
21by any unit of local government, other than the powers and
22functions set forth in this Act and expressly delegated to the
23Department to be exclusive State powers and functions.
24    (c) The Department shall, through accountable and
25efficient leadership, example and commitment to excellence,



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1strive to reduce the incidence of substance use or gambling
2disorders 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
17in the Department by this Act, or by other laws of this State,
18the 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    marginalized community members minorities and other
3    specific priority populations in the State, and shall
4    describe how the identified problems and needs will be
5    addressed. For purposes of this paragraph, the term
6    "marginalized community members minorities and other
7    specific priority populations" may include, but shall not
8    be limited to, groups such as women, children, persons who
9    use intravenous drugs intravenous drug users, persons with
10    AIDS or who are HIV infected, veterans, African-Americans,
11    Latinxs/Hispanics, Asian-Americans, Puerto Ricans,
12    Hispanics, Asian Americans, the elderly, persons in the
13    criminal justice system, persons experiencing
14    homelessness, persons who are clients of services provided
15    by other State agencies, persons with disabilities, and
16    such other specific populations as the Department may from
17    time to time identify. In developing the plan, the
18    Department shall seek input from providers, parent groups,
19    associations and interested citizens.
20        The plan developed under this Section shall include an
21    explanation of the rationale to be used in ensuring that
22    funding shall be based upon local community needs,
23    including, but not limited to, the incidence and
24    prevalence of, and costs associated with, these substance
25    use disorders, as well as upon demonstrated program
26    performance.



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1        The plan developed under this Section shall also
2    contain a report detailing the activities of and progress
3    made through services for the care and treatment of these
4    substance use disorders among pregnant women and mothers
5    and their children established under subsection (j) of
6    Section 35-5.
7        As applicable, the plan developed under this Section
8    shall also include information about funding by other
9    State agencies for prevention, early intervention,
10    treatment, and other recovery support services.
11        (4) Lead, foster and develop cooperation, coordination
12    and agreements among federal and State governmental
13    agencies and local providers that provide assistance,
14    services, funding or other functions, peripheral or
15    direct, in the prevention, early intervention, treatment,
16    and recovery support for substance use or gambling
17    disorders. This shall include, but shall not be limited
18    to, the following:
19            (A) Cooperate with and assist other State
20        agencies, as applicable, in establishing and
21        conducting these substance use disorder services among
22        the populations they respectively serve.
23            (B) Cooperate with and assist the Illinois
24        Department of Public Health in the establishment,
25        funding and support of programs and services for the
26        promotion of maternal and child health and the



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



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1        gambling disorders with DCFS clients and their
2        families, identifying child care needs within such
3        treatment, and assistance with other issues as
4        required.
5            (F) Cooperate with and assist the Illinois
6        Criminal Justice Information Authority with respect to
7        statistical and other information concerning the
8        incidence and prevalence of substance use or gambling
9        disorders.
10            (G) Cooperate with and assist the State
11        Superintendent of Education, boards of education,
12        schools, police departments, the Illinois State
13        Police, courts and other public and private agencies
14        and individuals in establishing substance use or
15        gambling disorder prevention programs statewide and
16        preparing curriculum materials for use at all levels
17        of education.
18            (H) Cooperate with and assist the Illinois
19        Department of Healthcare and Family Services in the
20        development and provision of services offered to
21        recipients of public assistance for the treatment and
22        prevention of substance use or gambling disorders.
23            (I) (Blank).
24        (5) From monies appropriated to the Department from
25    the Drunk and Drugged Driving Prevention Fund, reimburse
26    DUI evaluation and risk education programs licensed by the



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1    Department for providing indigent persons with free or
2    reduced-cost evaluation and risk education services
3    relating to a charge of driving under the influence of
4    alcohol or other drugs.
5        (6) Promulgate regulations to identify and disseminate
6    best practice guidelines that can be utilized by publicly
7    and privately funded programs as well as for levels of
8    payment to government funded programs that provide
9    prevention, early intervention, treatment, and other
10    recovery support services for substance use or gambling
11    disorders and those services referenced in Sections 15-10
12    and 40-5.
13        (7) In consultation with providers and related trade
14    associations, specify a uniform methodology for use by
15    funded providers and the Department for billing and
16    collection and dissemination of statistical information
17    regarding services related to substance use or gambling
18    disorders.
19        (8) Receive data and assistance from federal, State
20    and local governmental agencies, and obtain copies of
21    identification and arrest data from all federal, State and
22    local law enforcement agencies for use in carrying out the
23    purposes and functions of the Department.
24        (9) Designate and license providers to conduct
25    screening, assessment, referral and tracking of clients
26    identified by the criminal justice system as having



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1    indications of substance use disorders and being eligible
2    to make an election for treatment under Section 40-5 of
3    this Act, and assist in the placement of individuals who
4    are under court order to participate in treatment.
5        (10) Identify and disseminate evidence-based best
6    practice guidelines as maintained in administrative rule
7    that can be utilized to determine a substance use or
8    gambling disorder diagnosis.
9        (11) (Blank).
10        (12) Make grants with funds appropriated from the Drug
11    Treatment Fund in accordance with Section 7 of the
12    Controlled Substance and Cannabis Nuisance Act, or in
13    accordance with Section 80 of the Methamphetamine Control
14    and Community Protection Act, or in accordance with
15    subsections (h) and (i) of Section 411.2 of the Illinois
16    Controlled Substances Act, or in accordance with Section
17    6z-107 of the State Finance Act.
18        (13) Encourage all health and disability insurance
19    programs to include substance use and gambling disorder
20    treatment as a covered services service and to use
21    evidence-based best practice criteria as maintained in
22    administrative rule and as required in Public Act 99-0480
23    in determining the necessity for such services and
24    continued stay.
25        (14) Award grants and enter into fixed-rate and
26    fee-for-service arrangements with any other department,



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1    authority or commission of this State, or any other state
2    or the federal government or with any public or private
3    agency, including the disbursement of funds and furnishing
4    of staff, to effectuate the purposes of this Act.
5        (15) Conduct a public information campaign to inform
6    the State's Hispanic residents regarding the prevention
7    and treatment of substance use or gambling disorders.
8    (b) In addition to the powers, duties and functions vested
9in it by this Act, or by other laws of this State, the
10Department may undertake, but shall not be limited to, the
11following activities:
12        (1) Require all organizations licensed or funded by
13    the Department to include an education component to inform
14    participants regarding the causes and means of
15    transmission and methods of reducing the risk of acquiring
16    or transmitting HIV infection and other infectious
17    diseases, and to include funding for such education
18    component in its support of the program.
19        (2) Review all State agency applications for federal
20    funds that include provisions relating to the prevention,
21    early intervention and treatment of substance use or
22    gambling disorders in order to ensure consistency.
23        (3) Prepare, publish, evaluate, disseminate and serve
24    as a central repository for educational materials dealing
25    with the nature and effects of substance use or gambling
26    disorders. Such materials may deal with the educational



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1    needs of the citizens of Illinois, and may include at
2    least pamphlets that describe the causes and effects of
3    fetal alcohol spectrum disorders.
4        (4) Develop and coordinate, with regional and local
5    agencies, education and training programs for persons
6    engaged in providing services for persons with substance
7    use or gambling disorders, which programs may include
8    specific HIV education and training for program personnel.
9        (5) Cooperate with and assist in the development of
10    education, prevention, early intervention, and treatment
11    programs for employees of State and local governments and
12    businesses in the State.
13        (6) Utilize the support and assistance of interested
14    persons in the community, including recovering persons, to
15    assist individuals and communities in understanding the
16    dynamics of substance use or gambling disorders, and to
17    encourage individuals with these substance use disorders
18    to voluntarily undergo treatment.
19        (7) Promote, conduct, assist or sponsor basic
20    clinical, epidemiological and statistical research into
21    substance use or gambling disorders and research into the
22    prevention of those problems either solely or in
23    conjunction with any public or private agency.
24        (8) Cooperate with public and private agencies,
25    organizations, institutions of higher education, and
26    individuals in the development of programs, and to provide



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1    technical assistance and consultation services for this
2    purpose.
3        (9) (Blank).
4        (10) (Blank).
5        (11) Fund, promote, or assist entities dealing with
6    substance use or gambling disorders.
7        (12) With monies appropriated from the Group Home Loan
8    Revolving Fund, make loans, directly or through
9    subcontract, to assist in underwriting the costs of
10    housing in which individuals recovering from substance use
11    or gambling disorders may reside, pursuant to Section
12    50-40 of this Act.
13        (13) Promulgate such regulations as may be necessary
14    to carry out the purposes and enforce the provisions of
15    this Act.
16        (14) Provide funding to help parents be effective in
17    preventing substance use or gambling disorders by building
18    an awareness of the family's role in preventing these
19    substance use disorders through adjusting expectations,
20    developing new skills, and setting positive family goals.
21    The programs shall include, but not be limited to, the
22    following subjects: healthy family communication;
23    establishing rules and limits; how to reduce family
24    conflict; how to build self-esteem, competency, and
25    responsibility in children; how to improve motivation and
26    achievement; effective discipline; problem solving



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1    techniques; healthy gaming and play habits; appropriate
2    financial planning and investment strategies; how to talk
3    about gambling and related activities; and how to talk
4    about substance use or gambling drugs and alcohol. The
5    programs shall be open to all parents.
6(Source: P.A. 101-10, eff. 6-5-19; 102-538, eff. 8-20-21.)
7    (20 ILCS 301/5-20)
8    Sec. 5-20. Gambling disorders.
9    (a) Subject to appropriation, the Department shall
10establish a program for public education, research, and
11training regarding gambling disorders and the treatment and
12prevention of gambling disorders. Subject to specific
13appropriation for these stated purposes, the program must
14include all of the following:
15        (1) Establishment and maintenance of a toll-free
16    hotline and website "800" telephone number to provide
17    crisis counseling and referral services for to families
18    that experience experiencing difficulty related to a as a
19    result of gambling disorder disorders.
20        (2) Promotion of public awareness regarding the
21    recognition and prevention of gambling disorders.
22    Promotion of public awareness to create a gambling
23    informed State regarding the impact of gambling disorders
24    on individuals, families, and communities and the stigma
25    that surrounds gambling disorders.



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1        (3) Facilitation, through in-service training,
2    certification promotion, and other innovative means, of
3    the availability of effective assistance programs for
4    gambling disorders.
5        (4) Conducting studies to, and through other
6    innovative means, identify adults and juveniles in this
7    State who have, or who are at risk of developing, gambling
8    disorders.
9        (5) Utilize screening, crisis intervention, treatment,
10    public awareness, prevention, in-service training, and
11    other innovative means, to decrease the incidents of
12    suicide attempts related to a gambling disorder or
13    gambling issues.
14    (b) Subject to appropriation, the Department shall either
15establish and maintain the program or contract with a private
16or public entity for the establishment and maintenance of the
17program. Subject to appropriation, either the Department or
18the private or public entity shall implement the hotline and
19website toll-free telephone number, promote public awareness,
20conduct research, fund treatment and recovery services, and
21conduct in-service training concerning gambling disorders.
22    (c) The Department shall determine a statement regarding
23obtaining assistance with a gambling disorder which each
24licensed gambling establishment owner shall post and each
25master sports wagering licensee shall include on the master
26sports wagering licensee's portal, Internet website, or



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1computer or mobile application. Subject to appropriation, the
2Department shall produce and supply the signs with the
3statement as specified in Section 10.7 of the Illinois Lottery
4Law, Section 34.1 of the Illinois Horse Racing Act of 1975,
5Section 4.3 of the Bingo License and Tax Act, Section 8.1 of
6the Charitable Games Act, Section 25.95 of the Sports Wagering
7Act, and Section 13.1 of the Illinois Gambling Act, and the
8Video Gaming Act.
9    (d) Programs; gambling disorder prevention.
10        (1) The Department may establish a program to provide
11    for the production and publication, in electronic and
12    other formats, of gambling prevention, recognition,
13    treatment, and recovery literature and other public
14    education methods. The Department may develop and
15    disseminate curricula for use by professionals,
16    organizations, individuals, or committees interested in
17    the prevention of gambling disorders.
18        (2) The Department may provide advice to State and
19    local officials on gambling disorders, including the
20    prevalence of gambling disorders, programs treating or
21    promoting prevention of gambling disorders, trends in
22    gambling disorder prevalence, and the relationship between
23    gaming and gambling disorders.
24        (3) The Department may support gambling disorder
25    prevention, recognition, treatment, and recovery projects
26    by facilitating the acquisition of gambling prevention



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1    curriculums, providing trainings in gambling disorder
2    prevention best practices, connecting programs to health
3    care resources, establishing learning collaboratives
4    between localities and programs, and assisting programs in
5    navigating any regulatory requirements for establishing or
6    expanding such programs.
7        (4) In supporting best practices in gambling disorder
8    prevention programming, the Department may promote the
9    following programmatic elements:
10            (A) Providing funding for community-based
11        organizations to employ community health workers or
12        peer recovery specialists who are familiar with the
13        communities served and can provide culturally
14        competent services.
15            (B) Collaborating with other community-based
16        organizations, substance use disorder treatment
17        centers, or other health care providers engaged in
18        treating individuals who are experiencing gambling
19        disorder.
20            (C) Providing linkages for individuals to obtain
21        evidence-based gambling disorder treatment.
22            (D) Engaging individuals exiting jails or prisons
23        who are at a high risk of developing a gambling
24        disorder.
25            (E) Providing education and training to
26        community-based organizations who work directly with



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1        individuals who are experiencing gambling disorders
2        and those individuals' families and communities.
3            (F) Providing education and training on gambling
4        disorder prevention and response to the judicial
5        system.
6            (G) Informing communities of the impact gambling
7        disorder has on suicidal ideation and suicide attempts
8        and the role health care professionals can have in
9        identifying appropriate treatment.
10            (H) Producing and distributing targeted mass media
11        materials on gambling disorder prevention and
12        response, and the potential dangers of gambling
13        related stigma.
14    (e) Grants.
15        (1) The Department may award grants, in accordance
16    with this subsection, to create or support local gambling
17    prevention, recognition, and response projects. Local
18    health departments, correctional institutions, hospitals,
19    universities, community-based organizations, and
20    faith-based organizations may apply to the Department for
21    a grant under this subsection at the time and in the manner
22    the Department prescribes.
23        (2) In awarding grants, the Department shall consider
24    the necessity for gambling disorder prevention projects in
25    various settings and shall encourage all grant applicants
26    to develop interventions that will be effective and viable



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1    in their local areas.
2        (3) In addition to moneys appropriated by the General
3    Assembly, the Department may seek grants from private
4    foundations, the federal government, and other sources to
5    fund the grants under this Section and to fund an
6    evaluation of the programs supported by the grants.
7        (4) The Department may award grants to create or
8    support local gambling treatment programs. Such programs
9    may include prevention, early intervention, residential
10    and outpatient treatment, and recovery support services
11    for gambling disorders. Local health departments,
12    hospitals, universities, community-based organizations,
13    and faith-based organizations may apply to the Department
14    for a grant under this subsection at the time and in the
15    manner the Department prescribes.
16(Source: P.A. 100-759, eff. 1-1-19; 101-31, eff. 6-28-19.)
17    (20 ILCS 301/10-10)
18    Sec. 10-10. Powers and duties of the Council. The Council
20        (a) Advise the Department on ways to encourage public
21    understanding and support of the Department's programs.
22        (b) Advise the Department on regulations and licensure
23    proposed by the Department.
24        (c) Advise the Department in the formulation,
25    preparation, and implementation of the annual plan



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1    submitted with the federal Substance Use Disorder Block
2    Grant application for prevention, early intervention,
3    treatment, and other recovery support services for
4    substance use disorders.
5        (d) Advise the Department on implementation of
6    substance use and gambling disorder education and
7    prevention programs throughout the State.
8        (e) Assist with incorporating into the annual plan
9    submitted with the federal Substance Use Disorder Block
10    Grant application, planning information specific to
11    Illinois' female population. The information shall
12    contain, but need not be limited to, the types of services
13    funded, the population served, the support services
14    available, and the goals, objectives, proposed methods of
15    achievement, service projections and cost estimate for the
16    upcoming year.
17        (f) Perform other duties as requested by the
18    Secretary.
19        (g) Advise the Department in the planning,
20    development, and coordination of programs among all
21    agencies and departments of State government, including
22    programs to reduce substance use and gambling disorders,
23    prevent the misuse of illegal and legal drugs by persons
24    of all ages, prevent gambling and gaming by minors, and
25    prevent the use of alcohol by minors.
26        (h) Promote and encourage participation by the private



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1    sector, including business, industry, labor, and the
2    media, in programs to prevent substance use and gambling
3    disorders.
4        (i) Encourage the implementation of programs to
5    prevent substance use and gambling disorders in the public
6    and private schools and educational institutions.
7        (j) Gather information, conduct hearings, and make
8    recommendations to the Secretary concerning additions,
9    deletions, or rescheduling of substances under the
10    Illinois Controlled Substances Act.
11        (k) Report as requested to the General Assembly
12    regarding the activities and recommendations made by the
13    Council.
14(Source: P.A. 100-759, eff. 1-1-19.)
15    (20 ILCS 301/10-15)
16    Sec. 10-15. Qualification and appointment of members. The
17membership of the Illinois Advisory Council may, as needed,
18consist of:
19        (a) A State's Attorney designated by the President of
20    the Illinois State's Attorneys Association.
21        (b) A judge designated by the Chief Justice of the
22    Illinois Supreme Court.
23        (c) A Public Defender appointed by the President of
24    the Illinois Public Defender Association.
25        (d) A local law enforcement officer appointed by the



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



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



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1    Transportation.
2        (u) Each of the following, ex officio, or his or her
3    designee: the Secretary of State, the State Superintendent
4    of Education, and the Chairman of the Board of Higher
5    Education.
6    The public members may not be officers or employees of the
7executive branch of State government; however, the public
8members may be officers or employees of a State college or
9university or of any law enforcement agency. In appointing
10members, due consideration shall be given to the experience of
11appointees in the fields of medicine, law, prevention,
12correctional activities, and social welfare. Vacancies in the
13public membership shall be filled for the unexpired term by
14appointment in like manner as for original appointments, and
15the appointive members shall serve until their successors are
16appointed and have qualified. Vacancies among the public
17members appointed by the legislative leaders shall be filled
18by the leader of the same house and of the same political party
19as the leader who originally appointed the member.
20    Each non-appointive member may designate a representative
21to serve in his place by written notice to the Department. All
22General Assembly members shall serve until their respective
23successors are appointed or until termination of their
24legislative service, whichever occurs first. The terms of
25office for each of the members appointed by the Governor shall
26be for 3 years, except that of the members first appointed, 3



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1shall be appointed for a term of one year, and 4 shall be
2appointed for a term of 2 years. The terms of office of each of
3the public members appointed by the legislative leaders shall
4be for 2 years.
5(Source: P.A. 102-538, eff. 8-20-21.)
6    (20 ILCS 301/15-10)
7    Sec. 15-10. Licensure categories and services. No person
8or program may provide the services or conduct the activities
9described in this Section without first obtaining a license
10therefor from the Department, unless otherwise exempted under
11this Act. The Department shall, by rule, provide requirements
12for each of the following types of licenses and categories of
14        (a) Treatment: Categories of treatment service for a
15    substance use or gambling disorder authorized by a
16    treatment license are Early Intervention, Outpatient,
17    Intensive Outpatient/Partial Hospitalization, Subacute
18    Residential/Inpatient, and Withdrawal Management.
19    Medication assisted treatment that includes methadone used
20    for an opioid use disorder can be licensed as an adjunct to
21    any of the treatment levels of care specified in this
22    Section.
23        (b) Intervention: Categories of an intervention
24    service authorized by an intervention license are DUI
25    Evaluation, DUI Risk Education, Designated Program, Harm



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1    Reduction Program, and Recovery Homes for persons in any
2    stage of recovery from a substance use or gambling
3    disorder. Harm reduction programs may include overdose
4    prevention sites and services. Overdose prevention sites
5    and services are under the Harm Reduction category of
6    intervention licensure which may be issued if and when
7    legal authorization is adopted to allow for these services
8    and upon adoption of administrative or funding rules that
9    govern the delivery of the services.
10    The Department may, under procedures established by rule
11and upon a showing of good cause for such, exempt off-site
12services from having to obtain a separate license for services
13conducted away from the provider's licensed location.
14(Source: P.A. 100-759, eff. 1-1-19.)
15    (20 ILCS 301/20-5)
16    Sec. 20-5. Development of statewide prevention system.
17    (a) The Department shall develop and implement a
18comprehensive, statewide, community-based strategy to reduce
19substance use and gambling disorders and prevent the misuse of
20illegal and legal drugs by persons of all ages, and to prevent
21the use of alcohol by minors. The system created to implement
22this strategy shall be based on the premise that coordination
23among and integration between all community and governmental
24systems will facilitate effective and efficient program
25implementation and utilization of existing resources.



HB4700 Engrossed- 32 -LRB102 24222 KTG 33451 b

1    (b) The statewide system developed under this Section may
2be adopted by administrative rule or funded as a grant award
3condition and shall be responsible for:
4        (1) Providing programs and technical assistance to
5    improve the ability of Illinois communities and schools to
6    develop, implement and evaluate prevention programs.
7        (2) Initiating and fostering continuing cooperation
8    among the Department, Department-funded prevention
9    programs, other community-based prevention providers and
10    other State, regional, or local systems or agencies that
11    have an interest in substance use disorder prevention.
12    (c) In developing, implementing, and advocating for this
13statewide strategy and system, the Department may engage in,
14but shall not be limited to, the following activities:
15        (1) Establishing and conducting programs to provide
16    awareness and knowledge of the nature and extent of
17    substance use and gambling disorders and their effect on
18    individuals, families, and communities.
19        (2) Conducting or providing prevention skill building
20    or education through the use of structured experiences.
21        (3) Developing, supporting, and advocating with new
22    and existing local community coalitions or
23    neighborhood-based grassroots networks using action
24    planning and collaborative systems to initiate change
25    regarding substance use and gambling disorders in their
26    communities.



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1        (4) Encouraging, supporting, and advocating for
2    programs and activities that emphasize alcohol-free and
3    other drug-free lifestyles.
4        (5) Drafting and implementing efficient plans for the
5    use of available resources to address issues of substance
6    use disorder prevention.
7        (6) Coordinating local programs of alcoholism and
8    other drug abuse education and prevention.
9        (7) Encouraging the development of local advisory
10    councils.
11    (d) In providing leadership to this system, the Department
12shall take into account, wherever possible, the needs and
13requirements of local communities. The Department shall also
14involve, wherever possible, local communities in its statewide
15planning efforts. These planning efforts shall include, but
16shall not be limited to, in cooperation with local community
17representatives and Department-funded agencies, the analysis
18and application of results of local needs assessments, as well
19as a process for the integration of an evaluation component
20into the system. The results of this collaborative planning
21effort shall be taken into account by the Department in making
22decisions regarding the allocation of prevention resources.
23    (e) Prevention programs funded in whole or in part by the
24Department shall maintain staff whose skills, training,
25experiences and cultural awareness demonstrably match the
26needs of the people they are serving.



HB4700 Engrossed- 34 -LRB102 24222 KTG 33451 b

1    (f) The Department may delegate the functions and
2activities described in subsection (c) of this Section to
3local, community-based providers.
4(Source: P.A. 100-759, eff. 1-1-19.)
5    (20 ILCS 301/25-5)
6    Sec. 25-5. Establishment of comprehensive treatment
7system. The Department shall develop, fund and implement a
8comprehensive, statewide, community-based system for the
9provision of early intervention, treatment, and recovery
10support services for persons suffering from substance use or
11gambling disorders. The system created under this Section
12shall be based on the premise that coordination among and
13integration between all community and governmental systems
14will facilitate effective and efficient program implementation
15and utilization of existing resources.
16(Source: P.A. 100-759, eff. 1-1-19.)
17    (20 ILCS 301/25-10)
18    Sec. 25-10. Promulgation of regulations. The Department
19shall adopt regulations for licensure, certification for
20Medicaid reimbursement, and to identify evidence-based best
21practice criteria that can be utilized for intervention and
22treatment services, taking into consideration available
23resources and facilities, for the purpose of early and
24effective treatment of substance use and gambling disorders.



HB4700 Engrossed- 35 -LRB102 24222 KTG 33451 b

1(Source: P.A. 100-759, eff. 1-1-19.)
2    (20 ILCS 301/30-5)
3    Sec. 30-5. Patients' rights established.
4    (a) For purposes of this Section, "patient" means any
5person who is receiving or has received early intervention,
6treatment, or other recovery support services under this Act
7or any category of service licensed as "intervention" under
8this Act.
9    (b) No patient shall be deprived of any rights, benefits,
10or privileges guaranteed by law, the Constitution of the
11United States of America, or the Constitution of the State of
12Illinois solely because of his or her status as a patient.
13    (c) Persons who have substance use or gambling disorders
14who are also suffering from medical conditions shall not be
15discriminated against in admission or treatment by any
16hospital that receives support in any form supported in whole
17or in part by funds appropriated to any State department or
19    (d) Every patient shall have impartial access to services
20without regard to race, religion, sex, ethnicity, age, sexual
21orientation, gender identity, marital status, or other
23    (e) Patients shall be permitted the free exercise of
25    (f) Every patient's personal dignity shall be recognized



HB4700 Engrossed- 36 -LRB102 24222 KTG 33451 b

1in the provision of services, and a patient's personal privacy
2shall be assured and protected within the constraints of his
3or her individual treatment.
4    (g) Treatment services shall be provided in the least
5restrictive environment possible.
6    (h) Each patient receiving treatment services shall be
7provided an individual treatment plan, which shall be
8periodically reviewed and updated as mandated by
9administrative rule.
10    (i) Treatment shall be person-centered, meaning that every
11patient shall be permitted to participate in the planning of
12his or her total care and medical treatment to the extent that
13his or her condition permits.
14    (j) A person shall not be denied treatment solely because
15he or she has withdrawn from treatment against medical advice
16on a prior occasion or had prior treatment episodes.
17    (k) The patient in residential treatment shall be
18permitted visits by family and significant others, unless such
19visits are clinically contraindicated.
20    (l) A patient in residential treatment shall be allowed to
21conduct private telephone conversations with family and
22friends unless clinically contraindicated.
23    (m) A patient in residential treatment shall be permitted
24to send and receive mail without hindrance, unless clinically
26    (n) A patient shall be permitted to manage his or her own



HB4700 Engrossed- 37 -LRB102 24222 KTG 33451 b

1financial affairs unless the patient or the patient's
2guardian, or if the patient is a minor, the patient's parent,
3authorizes another competent person to do so.
4    (o) A patient shall be permitted to request the opinion of
5a consultant at his or her own expense, or to request an
6in-house review of a treatment plan, as provided in the
7specific procedures of the provider. A treatment provider is
8not liable for the negligence of any consultant.
9    (p) Unless otherwise prohibited by State or federal law,
10every patient shall be permitted to obtain from his or her own
11physician, the treatment provider, or the treatment provider's
12consulting physician complete and current information
13concerning the nature of care, procedures, and treatment that
14he or she will receive.
15    (q) A patient shall be permitted to refuse to participate
16in any experimental research or medical procedure without
17compromising his or her access to other, non-experimental
18services. Before a patient is placed in an experimental
19research or medical procedure, the provider must first obtain
20his or her informed written consent or otherwise comply with
21the federal requirements regarding the protection of human
22subjects contained in 45 CFR C.F.R. Part 46.
23    (r) All medical treatment and procedures shall be
24administered as ordered by a physician and in accordance with
25all Department rules.
26    (s) Every patient in treatment shall be permitted to



HB4700 Engrossed- 38 -LRB102 24222 KTG 33451 b

1refuse medical treatment and to know the consequences of such
2action. Such refusal by a patient shall free the treatment
3licensee from the obligation to provide the treatment.
4    (t) Unless otherwise prohibited by State or federal law,
5every patient, patient's guardian, or parent, if the patient
6is a minor, shall be permitted to inspect and copy all clinical
7and other records kept by the intervention or treatment
8licensee or by his or her physician concerning his or her care
9and maintenance. The licensee or physician may charge a
10reasonable fee for the duplication of a record.
11    (u) No owner, licensee, administrator, employee, or agent
12of a licensed intervention or treatment program shall abuse or
13neglect a patient. It is the duty of any individual who becomes
14aware of such abuse or neglect to report it to the Department
16    (v) The licensee may refuse access to any person if the
17actions of that person are or could be injurious to the health
18and safety of a patient or the licensee, or if the person seeks
19access for commercial purposes.
20    (w) All patients admitted to community-based treatment
21facilities shall be considered voluntary treatment patients
22and such patients shall not be contained within a locked
24    (x) Patients and their families or legal guardians shall
25have the right to present complaints to the provider or the
26Department concerning the quality of care provided to the



HB4700 Engrossed- 39 -LRB102 24222 KTG 33451 b

1patient, without threat of discharge or reprisal in any form
2or manner whatsoever. The complaint process and procedure
3shall be adopted by the Department by rule. The treatment
4provider shall have in place a mechanism for receiving and
5responding to such complaints, and shall inform the patient
6and the patient's family or legal guardian of this mechanism
7and how to use it. The provider shall analyze any complaint
8received and, when indicated, take appropriate corrective
9action. Every patient and his or her family member or legal
10guardian who makes a complaint shall receive a timely response
11from the provider that substantively addresses the complaint.
12The provider shall inform the patient and the patient's family
13or legal guardian about other sources of assistance if the
14provider has not resolved the complaint to the satisfaction of
15the patient or the patient's family or legal guardian.
16    (y) A patient may refuse to perform labor at a program
17unless such labor is a part of the patient's individual
18treatment plan as documented in the patient's clinical record.
19    (z) A person who is in need of services may apply for
20voluntary admission in the manner and with the rights provided
21for under regulations promulgated by the Department. If a
22person is refused admission, then staff, subject to rules
23promulgated by the Department, shall refer the person to
24another facility or to other appropriate services.
25    (aa) No patient shall be denied services based solely on
26HIV status. Further, records and information governed by the



HB4700 Engrossed- 40 -LRB102 24222 KTG 33451 b

1AIDS Confidentiality Act and the AIDS Confidentiality and
2Testing Code (77 Ill. Adm. Code 697) shall be maintained in
3accordance therewith.
4    (bb) Records of the identity, diagnosis, prognosis or
5treatment of any patient maintained in connection with the
6performance of any service or activity relating to substance
7use or gambling disorder education, early intervention,
8intervention, training, or treatment that is regulated,
9authorized, or directly or indirectly assisted by any
10Department or agency of this State or under any provision of
11this Act shall be confidential and may be disclosed only in
12accordance with the provisions of federal law and regulations
13concerning the confidentiality of substance use disorder
14patient records as contained in 42 U.S.C. Sections 290dd-2 and
1542 CFR C.F.R. Part 2, or any successor federal statute or
17        (1) The following are exempt from the confidentiality
18    protections set forth in 42 CFR C.F.R. Section 2.12(c):
19            (A) Veteran's Administration records.
20            (B) Information obtained by the Armed Forces.
21            (C) Information given to qualified service
22        organizations.
23            (D) Communications within a program or between a
24        program and an entity having direct administrative
25        control over that program.
26            (E) Information given to law enforcement personnel



HB4700 Engrossed- 41 -LRB102 24222 KTG 33451 b

1        investigating a patient's commission of a crime on the
2        program premises or against program personnel.
3            (F) Reports under State law of incidents of
4        suspected child abuse and neglect; however,
5        confidentiality restrictions continue to apply to the
6        records and any follow-up information for disclosure
7        and use in civil or criminal proceedings arising from
8        the report of suspected abuse or neglect.
9        (2) If the information is not exempt, a disclosure can
10    be made only under the following circumstances:
11            (A) With patient consent as set forth in 42 CFR
12        C.F.R. Sections 2.1(b)(1) and 2.31, and as consistent
13        with pertinent State law.
14            (B) For medical emergencies as set forth in 42 CFR
15        C.F.R. Sections 2.1(b)(2) and 2.51.
16            (C) For research activities as set forth in 42 CFR
17        C.F.R. Sections 2.1(b)(2) and 2.52.
18            (D) For audit evaluation activities as set forth
19        in 42 CFR C.F.R. Section 2.53.
20            (E) With a court order as set forth in 42 CFR
21        C.F.R. Sections 2.61 through 2.67.
22        (3) The restrictions on disclosure and use of patient
23    information apply whether the holder of the information
24    already has it, has other means of obtaining it, is a law
25    enforcement or other official, has obtained a subpoena, or
26    asserts any other justification for a disclosure or use



HB4700 Engrossed- 42 -LRB102 24222 KTG 33451 b

1    that is not permitted by 42 CFR C.F.R. Part 2. Any court
2    orders authorizing disclosure of patient records under
3    this Act must comply with the procedures and criteria set
4    forth in 42 CFR C.F.R. Sections 2.64 and 2.65. Except as
5    authorized by a court order granted under this Section, no
6    record referred to in this Section may be used to initiate
7    or substantiate any charges against a patient or to
8    conduct any investigation of a patient.
9        (4) The prohibitions of this subsection shall apply to
10    records concerning any person who has been a patient,
11    regardless of whether or when the person ceases to be a
12    patient.
13        (5) Any person who discloses the content of any record
14    referred to in this Section except as authorized shall,
15    upon conviction, be guilty of a Class A misdemeanor.
16        (6) The Department shall prescribe regulations to
17    carry out the purposes of this subsection. These
18    regulations may contain such definitions, and may provide
19    for such safeguards and procedures, including procedures
20    and criteria for the issuance and scope of court orders,
21    as in the judgment of the Department are necessary or
22    proper to effectuate the purposes of this Section, to
23    prevent circumvention or evasion thereof, or to facilitate
24    compliance therewith.
25    (cc) Each patient shall be given a written explanation of
26all the rights enumerated in this Section and a copy, signed by



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1the patient, shall be kept in every patient record. If a
2patient is unable to read such written explanation, it shall
3be read to the patient in a language that the patient
4understands. A copy of all the rights enumerated in this
5Section shall be posted in a conspicuous place within the
6program where it may readily be seen and read by program
7patients and visitors.
8    (dd) The program shall ensure that its staff is familiar
9with and observes the rights and responsibilities enumerated
10in this Section.
11    (ee) Licensed organizations shall comply with the right of
12any adolescent to consent to treatment without approval of the
13parent or legal guardian in accordance with the Consent by
14Minors to Health Care Services Medical Procedures Act.
15    (ff) At the point of admission for services, licensed
16organizations must obtain written informed consent, as defined
17in Section 1-10 and in administrative rule, from each client,
18patient, or legal guardian.
19(Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19;
20revised 12-1-21.)
21    (20 ILCS 301/35-5)
22    Sec. 35-5. Services for pregnant women and mothers.
23    (a) In order to promote a comprehensive, statewide and
24multidisciplinary approach to serving pregnant women and
25mothers, including those who are minors, and their children



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1who are affected by substance use or gambling disorders, the
2Department shall have responsibility for an ongoing exchange
3of referral information among the following:
4        (1) those who provide medical and social services to
5    pregnant women, mothers and their children, whether or not
6    there exists evidence of a substance use or gambling
7    disorder. These include any other State-funded medical or
8    social services to pregnant women.
9        (2) providers of treatment services to women affected
10    by substance use or gambling disorders.
11    (b) (Blank).
12    (c) (Blank).
13    (d) (Blank).
14    (e) (Blank).
15    (f) The Department shall develop and maintain an updated
16and comprehensive directory of licensed providers that deliver
17treatment and intervention services. The Department shall post
18on its website a licensed provider directory updated at least
20    (g) As a condition of any State grant or contract, the
21Department shall require that any treatment program for women
22with substance use or gambling disorders provide services,
23either by its own staff or by agreement with other agencies or
24individuals, which include but need not be limited to the
26        (1) coordination with any program providing case



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1    management services to ensure ongoing monitoring and
2    coordination of services after the addicted woman has
3    returned home.
4        (2) coordination with medical services for individual
5    medical care of pregnant women, including prenatal care
6    under the supervision of a physician.
7        (3) coordination with child care services.
8    (h) As a condition of any State grant or contract, the
9Department shall require that any nonresidential program
10receiving any funding for treatment services accept women who
11are pregnant, provided that such services are clinically
12appropriate. Failure to comply with this subsection shall
13result in termination of the grant or contract and loss of
14State funding.
15    (i)(1) From funds appropriated expressly for the purposes
16of this Section, the Department shall create or contract with
17licensed, certified agencies to develop a program for the care
18and treatment of pregnant women, mothers and their children.
19The program shall be in Cook County in an area of high density
20population having a disproportionate number of women with
21substance use and other disorders and a high infant mortality
23    (2) From funds appropriated expressly for the purposes of
24this Section, the Department shall create or contract with
25licensed, certified agencies to develop a program for the care
26and treatment of low income pregnant women. The program shall



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1be located anywhere in the State outside of Cook County in an
2area of high density population having a disproportionate
3number of low income pregnant women.
4    (3) In implementing the programs established under this
5subsection, the Department shall contract with existing
6residential treatment or recovery homes in areas having a
7disproportionate number of women with substance use and other
8disorders who need residential treatment. Priority shall be
9given to women who:
10        (A) are pregnant, especially if they are intravenous
11    drug users,
12        (B) have minor children,
13        (C) are both pregnant and have minor children, or
14        (D) are referred by medical personnel because they
15    either have given birth to a baby with a substance use
16    disorder, or will give birth to a baby with a substance use
17    disorder.
18    (4) The services provided by the programs shall include
19but not be limited to:
20        (A) individual medical care, including prenatal care,
21    under the supervision of a physician.
22        (B) temporary, residential shelter for pregnant women,
23    mothers and children when necessary.
24        (C) a range of educational or counseling services.
25        (D) comprehensive and coordinated social services,
26    including therapy groups for the treatment of substance



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1    use disorders; family therapy groups; programs to develop
2    positive self-awareness; parent-child therapy; and
3    residential support groups.
4    (5) (Blank).
5(Source: P.A. 100-759, eff. 1-1-19.)
6    (20 ILCS 301/35-10)
7    Sec. 35-10. Adolescent Family Life Program.
8    (a) The General Assembly finds and declares the following:
9        (1) In Illinois, a substantial number of babies are
10    born each year to adolescent mothers between 12 and 19
11    years of age.
12        (2) A substantial percentage of pregnant adolescents
13    have substance use disorders or live in environments in
14    which substance use disorders occur and thus are at risk
15    of exposing their infants to dangerous and harmful
16    circumstances.
17        (3) It is difficult to provide substance use disorder
18    counseling for adolescents in settings designed to serve
19    adults.
20    (b) To address the findings set forth in subsection (a),
21and subject to appropriation, the Department may establish and
22fund treatment strategies to meet the developmental, social,
23and educational needs of high-risk pregnant adolescents and
24shall do the following:
25        (1) To the maximum extent feasible and appropriate,



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1    utilize existing services and funding rather than create
2    new, duplicative services.
3        (2) Include plans for coordination and collaboration
4    with existing perinatal substance use disorder services.
5        (3) Include goals and objectives for reducing the
6    incidence of high-risk pregnant adolescents.
7        (4) Be culturally and linguistically appropriate to
8    the population being served.
9        (5) Include staff development training by substance
10    use and other disorder counselors.
11    As used in this Section, "high-risk pregnant adolescent"
12means a person at least 12 but not more than 18 years of age
13with a substance use or other disorder who is pregnant.
14    (c) (Blank).
15(Source: P.A. 100-759, eff. 1-1-19.)
16    (20 ILCS 301/50-40)
17    Sec. 50-40. Group Home Loan Revolving Fund.
18    (a) There is hereby established the Group Home Loan
19Revolving Fund, referred to in this Section as the "fund", to
20be held as a separate fund within the State Treasury. Monies in
21this fund shall be appropriated to the Department on a
22continuing annual basis. With these funds, the Department
23shall, directly or through subcontract, make loans to assist
24in underwriting the costs of housing in which there may reside
25individuals who are recovering from substance use or gambling



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1disorders, and who are seeking an alcohol-free, gambling-free,
2or drug-free environment in which to live. Consistent with
3federal law and regulation, the Department may establish
4guidelines for approving the use and management of monies
5loaned from the fund, the operation of group homes receiving
6loans under this Section and the repayment of monies loaned.
7    (b) There shall be deposited into the fund such amounts
8including, but not limited to:
9        (1) All receipts, including principal and interest
10    payments and royalties, from any applicable loan agreement
11    made from the fund.
12        (2) All proceeds of assets of whatever nature received
13    by the Department as a result of default or delinquency
14    with respect to loan agreements made from the fund,
15    including proceeds from the sale, disposal, lease or
16    rental of real or personal property that the Department
17    may receive as a result thereof.
18        (3) Any direct appropriations made by the General
19    Assembly, or any gifts or grants made by any person to the
20    fund.
21        (4) Any income received from interest on investments
22    of monies in the fund.
23    (c) The Treasurer may invest monies in the fund in
24securities constituting obligations of the United States
25government, or in obligations the principal of and interest on
26which are guaranteed by the United States government, or in



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1certificates of deposit of any State or national bank which
2are fully secured by obligations guaranteed as to principal
3and interest by the United States government.
4(Source: P.A. 100-759, eff. 1-1-19.)
5    (20 ILCS 301/55-30)
6    Sec. 55-30. Rate increase.
7    (a) The Department shall by rule develop the increased
8rate methodology and annualize the increased rate beginning
9with State fiscal year 2018 contracts to licensed providers of
10community-based substance use and gambling disorders disorder
11intervention or treatment, based on the additional amounts
12appropriated for the purpose of providing a rate increase to
13licensed providers. The Department shall adopt rules,
14including emergency rules under subsection (y) of Section 5-45
15of the Illinois Administrative Procedure Act, to implement the
16provisions of this Section.
17    (b) Within 30 days after June 4, 2018 (the effective date
18of Public Act 100-587), the Division of Substance Use
19Prevention and Recovery shall apply an increase in rates of 3%
20above the rate paid on June 30, 2017 to all Medicaid and
21non-Medicaid reimbursable service rates. The Department shall
22adopt rules, including emergency rules under subsection (bb)
23of Section 5-45 of the Illinois Administrative Procedure Act,
24to implement the provisions of this subsection (b).
25(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;



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1100-759, eff. 1-1-19; 101-81, eff. 7-12-19.)
2    (20 ILCS 301/55-40)
3    Sec. 55-40. Recovery residences.
4    (a) As used in this Section, "recovery residence" means a
5sober, safe, and healthy living environment that promotes
6recovery from alcohol and other drug use and associated
7problems. These residences are not subject to Department
8licensure as they are viewed as independent living residences
9that only provide peer support and a lengthened exposure to
10the culture of recovery.
11    (b) The Department shall develop and maintain an online
12registry for recovery residences that operate in Illinois to
13serve as a resource for individuals seeking continued recovery
15    (c) Non-licensable recovery residences are encouraged to
16register with the Department and the registry shall be
17publicly available through online posting.
18    (d) The registry shall indicate any accreditation,
19certification, or licensure that each recovery residence has
20received from an entity that has developed uniform national
21standards. The registry shall also indicate each recovery
22residence's location in order to assist providers and
23individuals in finding alcohol, gambling, and drug free
24housing options with like-minded residents who are committed
25to alcohol, gambling, and drug free living.



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1    (e) Registrants are encouraged to seek national
2accreditation from any entity that has developed uniform State
3or national standards for recovery residences.
4    (f) The Department shall include a disclaimer on the
5registry that states that the recovery residences are not
6regulated by the Department and their listing is provided as a
7resource but not as an endorsement by the State.
8(Source: P.A. 100-1062, eff. 1-1-19; 101-81, eff. 7-12-19.)