Illinois 2025-2026 Regular Session

Illinois House Bill HB2580 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2580 Introduced , by Rep. Tracy Katz Muhl SYNOPSIS AS INTRODUCED: See Index 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 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 incidence of suicide attempts related to gambling disorders or gambling issues. Requires the Department to select the 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 disorders; and to perform other actions. Allows the Department to award grants to create or support local gambling prevention, recognition, and response projects. Makes other changes. LRB104 10663 KTG 20741 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2580 Introduced , by Rep. Tracy Katz Muhl SYNOPSIS AS INTRODUCED: See Index See Index 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 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 incidence of suicide attempts related to gambling disorders or gambling issues. Requires the Department to select the 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 disorders; and to perform other actions. Allows the Department to award grants to create or support local gambling prevention, recognition, and response projects. Makes other changes. LRB104 10663 KTG 20741 b LRB104 10663 KTG 20741 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2580 Introduced , by Rep. Tracy Katz Muhl SYNOPSIS AS INTRODUCED:
33 See Index See Index
44 See Index
55 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 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 incidence of suicide attempts related to gambling disorders or gambling issues. Requires the Department to select the 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 disorders; and to perform other actions. Allows the Department to award grants to create or support local gambling prevention, recognition, and response projects. Makes other changes.
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1111 1 AN ACT concerning State government.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Substance Use Disorder Act is amended by
1515 5 changing Sections 1-5, 1-10, 5-5, 5-10, 5-20, 10-10, 10-15,
1616 6 15-5, 15-10, 20-5, 25-5, 25-10, 30-5, 35-5, 35-10, 50-40,
1717 7 55-30, and 55-40 as follows:
1818 8 (20 ILCS 301/1-5)
1919 9 Sec. 1-5. Legislative declaration. Substance use and
2020 10 gambling disorders, as defined in this Act, constitute a
2121 11 serious public health problem. The effects on public safety
2222 12 and the criminal justice system cause serious social and
2323 13 economic losses, as well as great human suffering. It is
2424 14 imperative that a comprehensive and coordinated strategy be
2525 15 developed under the leadership of a State agency. This
2626 16 strategy should be implemented through the facilities of
2727 17 federal and local government and community-based agencies
2828 18 (which may be public or private, volunteer or professional).
2929 19 Through local prevention, early intervention, treatment, and
3030 20 other recovery support services, this strategy should empower
3131 21 those struggling with these substance use disorders (and, when
3232 22 appropriate, the families of those persons) to lead healthy
3333 23 lives.
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2580 Introduced , by Rep. Tracy Katz Muhl SYNOPSIS AS INTRODUCED:
3838 See Index See Index
3939 See Index
4040 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 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 incidence of suicide attempts related to gambling disorders or gambling issues. Requires the Department to select the 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 disorders; and to perform other actions. Allows the Department to award grants to create or support local gambling prevention, recognition, and response projects. Makes other changes.
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6868 1 The human, social, and economic benefits of preventing
6969 2 these substance use disorders are great, and it is imperative
7070 3 that there be interagency cooperation in the planning and
7171 4 delivery of prevention, early intervention, treatment, and
7272 5 other recovery support services in Illinois.
7373 6 The provisions of this Act shall be liberally construed to
7474 7 enable the Department to carry out these objectives and
7575 8 purposes.
7676 9 (Source: P.A. 100-759, eff. 1-1-19.)
7777 10 (20 ILCS 301/1-10)
7878 11 Sec. 1-10. Definitions. As used in this Act, unless the
7979 12 context clearly indicates otherwise, the following words and
8080 13 terms have the following meanings:
8181 14 "Case management" means a coordinated approach to the
8282 15 delivery of health and medical treatment, substance use
8383 16 disorder treatment, gambling disorder treatment, mental health
8484 17 treatment, and social services, linking patients with
8585 18 appropriate services to address specific needs and achieve
8686 19 stated goals. In general, case management assists patients
8787 20 with other disorders and conditions that require multiple
8888 21 services over extended periods of time and who face difficulty
8989 22 in gaining access to those services.
9090 23 "Crime of violence" means any of the following crimes:
9191 24 murder, voluntary manslaughter, criminal sexual assault,
9292 25 aggravated criminal sexual assault, predatory criminal sexual
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103103 1 assault of a child, armed robbery, robbery, arson, kidnapping,
104104 2 aggravated battery, aggravated arson, or any other felony that
105105 3 involves the use or threat of physical force or violence
106106 4 against another individual.
107107 5 "Department" means the Department of Human Services.
108108 6 "DUI" means driving under the influence of alcohol or
109109 7 other drugs.
110110 8 "Designated program" means a category of service
111111 9 authorized by an intervention license issued by the Department
112112 10 for delivery of all services as described in Article 40 in this
113113 11 Act.
114114 12 "Early intervention" means services, authorized by a
115115 13 treatment license, that are sub-clinical and pre-diagnostic
116116 14 and that are designed to screen, identify, and address risk
117117 15 factors that may be related to problems associated with a
118118 16 substance use or gambling disorder substance use disorders and
119119 17 to assist individuals in recognizing harmful consequences.
120120 18 Early intervention services facilitate emotional and social
121121 19 stability and involve involves referrals for treatment, as
122122 20 needed.
123123 21 "Facility" means the building or premises are used for the
124124 22 provision of licensable services, including support services,
125125 23 as set forth by rule.
126126 24 "Gambling disorder" means persistent and recurrent
127127 25 problematic gambling behavior leading to clinically
128128 26 significant impairment or distress. recurring maladaptive
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139139 1 gambling behavior that disrupts personal, family, or
140140 2 vocational pursuits.
141141 3 "Gambling" means the risking of money or other items of
142142 4 value in games of chance, including video gaming, sports
143143 5 betting, and other games of chance.
144144 6 "Gaming" means the action or practice of playing video
145145 7 games.
146146 8 "Holds itself out" means any activity that would lead one
147147 9 to reasonably conclude that the individual or entity provides
148148 10 or intends to provide licensable substance-related disorder
149149 11 intervention or treatment services. Such activities include,
150150 12 but are not limited to, advertisements, notices, statements,
151151 13 or contractual arrangements with managed care organizations,
152152 14 private health insurance, or employee assistance programs to
153153 15 provide services that require a license as specified in
154154 16 Article 15.
155155 17 "Informed consent" means legally valid written consent,
156156 18 given by a client, patient, or legal guardian, that authorizes
157157 19 intervention or treatment services from a licensed
158158 20 organization and that documents agreement to participate in
159159 21 those services and knowledge of the consequences of withdrawal
160160 22 from such services. Informed consent also acknowledges the
161161 23 client's or patient's right to a conflict-free choice of
162162 24 services from any licensed organization and the potential
163163 25 risks and benefits of selected services.
164164 26 "Intoxicated person" means a person whose mental or
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175175 1 physical functioning is substantially impaired as a result of
176176 2 the current effects of alcohol or other drugs within the body.
177177 3 "Medication assisted treatment" means the prescription of
178178 4 medications that are approved by the U.S. Food and Drug
179179 5 Administration and the Center for Substance Abuse Treatment to
180180 6 assist with treatment for a substance use disorder and to
181181 7 support recovery for individuals receiving services in a
182182 8 facility licensed by the Department. Medication assisted
183183 9 treatment includes opioid treatment services as authorized by
184184 10 a Department license.
185185 11 "Off-site services" means licensable services are
186186 12 conducted at a location separate from the licensed location of
187187 13 the provider, and services are operated by an entity licensed
188188 14 under this Act and approved in advance by the Department.
189189 15 "Person" means any individual, firm, group, association,
190190 16 partnership, corporation, trust, government or governmental
191191 17 subdivision or agency.
192192 18 "Prevention" means an interactive process of individuals,
193193 19 families, schools, religious organizations, communities and
194194 20 regional, state and national organizations whose goals are to
195195 21 reduce the prevalence of substance use or gambling disorders,
196196 22 prevent the use of illegal drugs and the abuse of legal drugs
197197 23 by persons of all ages, prevent the use of alcohol by minors,
198198 24 reduce the severity of harm in gambling by persons of all ages,
199199 25 build the capacities of individuals and systems, and promote
200200 26 healthy environments, lifestyles, and behaviors.
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211211 1 "Recovery" means a process of change through which
212212 2 individuals improve their health and wellness, live a
213213 3 self-directed life, and reach their full potential.
214214 4 "Recovery support" means services designed to support
215215 5 individual recovery from a substance use or gambling disorder
216216 6 that may be delivered pre-treatment, during treatment, or post
217217 7 treatment. These services may be delivered in a wide variety
218218 8 of settings for the purpose of supporting the individual in
219219 9 meeting his or her recovery support goals.
220220 10 "Secretary" means the Secretary of the Department of Human
221221 11 Services or his or her designee.
222222 12 "Substance use disorder" means a spectrum of persistent
223223 13 and recurring problematic behavior that encompasses 10
224224 14 separate classes of drugs: alcohol; caffeine; cannabis;
225225 15 hallucinogens; inhalants; opioids; sedatives, hypnotics and
226226 16 anxiolytics; stimulants; and tobacco; and other unknown
227227 17 substances leading to clinically significant impairment or
228228 18 distress.
229229 19 "Treatment" means the broad range of emergency,
230230 20 outpatient, and residential care (including assessment,
231231 21 diagnosis, case management, treatment, and recovery support
232232 22 planning) may be extended to individuals with substance use
233233 23 disorders or to the families of those persons.
234234 24 "Withdrawal management" means services designed to manage
235235 25 intoxication or withdrawal episodes (previously referred to as
236236 26 detoxification), interrupt the momentum of habitual,
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247247 1 compulsive substance use and begin the initial engagement in
248248 2 medically necessary substance use disorder treatment.
249249 3 Withdrawal management allows patients to safely withdraw from
250250 4 substances in a controlled medically-structured environment.
251251 5 (Source: P.A. 100-759, eff. 1-1-19.)
252252 6 (20 ILCS 301/5-5)
253253 7 Sec. 5-5. Successor department; home rule.
254254 8 (a) The Department of Human Services, as successor to the
255255 9 Department of Alcoholism and Substance Abuse, shall assume the
256256 10 various rights, powers, duties, and functions provided for in
257257 11 this Act.
258258 12 (b) It is declared to be the public policy of this State,
259259 13 pursuant to paragraphs (h) and (i) of Section 6 of Article VII
260260 14 of the Illinois Constitution of 1970, that the powers and
261261 15 functions set forth in this Act and expressly delegated to the
262262 16 Department are exclusive State powers and functions. Nothing
263263 17 herein prohibits the exercise of any power or the performance
264264 18 of any function, including the power to regulate, for the
265265 19 protection of the public health, safety, morals and welfare,
266266 20 by any unit of local government, other than the powers and
267267 21 functions set forth in this Act and expressly delegated to the
268268 22 Department to be exclusive State powers and functions.
269269 23 (c) The Department shall, through accountable and
270270 24 efficient leadership, example and commitment to excellence,
271271 25 strive to reduce the incidence of substance use or gambling
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282282 1 disorders by:
283283 2 (1) Fostering public understanding of substance use
284284 3 disorders and how they affect individuals, families, and
285285 4 communities.
286286 5 (2) Promoting healthy lifestyles.
287287 6 (3) Promoting understanding and support for sound
288288 7 public policies.
289289 8 (4) Ensuring quality prevention, early intervention,
290290 9 treatment, and other recovery support services that are
291291 10 accessible and responsive to the diverse needs of
292292 11 individuals, families, and communities.
293293 12 (Source: P.A. 100-759, eff. 1-1-19.)
294294 13 (20 ILCS 301/5-10)
295295 14 Sec. 5-10. Functions of the Department.
296296 15 (a) In addition to the powers, duties and functions vested
297297 16 in the Department by this Act, or by other laws of this State,
298298 17 the Department shall carry out the following activities:
299299 18 (1) Design, coordinate and fund comprehensive
300300 19 community-based and culturally and gender-appropriate
301301 20 services throughout the State. These services must include
302302 21 prevention, early intervention, treatment, and other
303303 22 recovery support services for substance use disorders that
304304 23 are accessible and address the needs of at-risk
305305 24 individuals and their families.
306306 25 (2) Act as the exclusive State agency to accept,
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317317 1 receive and expend, pursuant to appropriation, any public
318318 2 or private monies, grants or services, including those
319319 3 received from the federal government or from other State
320320 4 agencies, for the purpose of providing prevention, early
321321 5 intervention, treatment, and other recovery support
322322 6 services for substance use or gambling disorders.
323323 7 (2.5) In partnership with the Department of Healthcare
324324 8 and Family Services, act as one of the principal State
325325 9 agencies for the sole purpose of calculating the
326326 10 maintenance of effort requirement under Section 1930 of
327327 11 Title XIX, Part B, Subpart II of the Public Health Service
328328 12 Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR
329329 13 96.134).
330330 14 (3) Coordinate a statewide strategy for the
331331 15 prevention, early intervention, treatment, and recovery
332332 16 support of substance use or gambling disorders. This
333333 17 strategy shall include the development of a comprehensive
334334 18 plan, submitted annually with the application for federal
335335 19 substance use disorder block grant funding, for the
336336 20 provision of an array of such services. The plan shall be
337337 21 based on local community-based needs and upon data
338338 22 including, but not limited to, that which defines the
339339 23 prevalence of and costs associated with these substance
340340 24 use disorders. This comprehensive plan shall include
341341 25 identification of problems, needs, priorities, services
342342 26 and other pertinent information, including the needs of
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353353 1 marginalized communities minorities and other specific
354354 2 priority populations in the State, and shall describe how
355355 3 the identified problems and needs will be addressed. For
356356 4 purposes of this paragraph, the term "marginalized
357357 5 communities minorities and other specific priority
358358 6 populations" may include, but shall not be limited to,
359359 7 groups such as women, children, persons who use
360360 8 intravenous drugs intravenous drug users, persons with
361361 9 AIDS or who are HIV infected, veterans, African-Americans,
362362 10 Puerto Ricans, Hispanics, Asian Americans, the elderly,
363363 11 persons in the criminal justice system, persons who are
364364 12 clients of services provided by other State agencies,
365365 13 persons with disabilities and such other specific
366366 14 populations as the Department may from time to time
367367 15 identify. In developing the plan, the Department shall
368368 16 seek input from providers, parent groups, associations and
369369 17 interested citizens.
370370 18 The plan developed under this Section shall include an
371371 19 explanation of the rationale to be used in ensuring that
372372 20 funding shall be based upon local community needs,
373373 21 including, but not limited to, the incidence and
374374 22 prevalence of, and costs associated with, these substance
375375 23 use disorders, as well as upon demonstrated program
376376 24 performance.
377377 25 The plan developed under this Section shall also
378378 26 contain a report detailing the activities of and progress
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389389 1 made through services for the care and treatment of these
390390 2 substance use disorders among pregnant women and mothers
391391 3 and their children established under subsection (j) of
392392 4 Section 35-5.
393393 5 As applicable, the plan developed under this Section
394394 6 shall also include information about funding by other
395395 7 State agencies for prevention, early intervention,
396396 8 treatment, and other recovery support services.
397397 9 (4) Lead, foster and develop cooperation, coordination
398398 10 and agreements among federal and State governmental
399399 11 agencies and local providers that provide assistance,
400400 12 services, funding or other functions, peripheral or
401401 13 direct, in the prevention, early intervention, treatment,
402402 14 and recovery support for substance use or gambling
403403 15 disorders. This shall include, but shall not be limited
404404 16 to, the following:
405405 17 (A) Cooperate with and assist other State
406406 18 agencies, as applicable, in establishing and
407407 19 conducting these substance use disorder services among
408408 20 the populations they respectively serve.
409409 21 (B) Cooperate with and assist the Illinois
410410 22 Department of Public Health in the establishment,
411411 23 funding and support of programs and services for the
412412 24 promotion of maternal and child health and the
413413 25 prevention and treatment of infectious diseases,
414414 26 including but not limited to HIV infection, especially
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425425 1 with respect to those persons who are high risk due to
426426 2 intravenous injection of illegal drugs, or who may
427427 3 have been sexual partners of these individuals, or who
428428 4 may have impaired immune systems as a result of a
429429 5 substance use disorder.
430430 6 (C) Supply to the Department of Public Health and
431431 7 prenatal care providers a list of all providers who
432432 8 are licensed to provide substance use disorder
433433 9 treatment for pregnant women in this State.
434434 10 (D) Assist in the placement of child abuse or
435435 11 neglect perpetrators (identified by the Illinois
436436 12 Department of Children and Family Services (DCFS)) who
437437 13 have been determined to be in need of substance use
438438 14 disorder treatment pursuant to Section 8.2 of the
439439 15 Abused and Neglected Child Reporting Act.
440440 16 (E) Cooperate with and assist DCFS in carrying out
441441 17 its mandates to:
442442 18 (i) identify substance use and gambling
443443 19 disorders among its clients and their families;
444444 20 and
445445 21 (ii) develop services to deal with such
446446 22 disorders.
447447 23 These services may include, but shall not be limited
448448 24 to, programs to prevent or treat substance use or
449449 25 gambling disorders with DCFS clients and their
450450 26 families, identifying child care needs within such
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461461 1 treatment, and assistance with other issues as
462462 2 required.
463463 3 (F) Cooperate with and assist the Illinois
464464 4 Criminal Justice Information Authority with respect to
465465 5 statistical and other information concerning the
466466 6 incidence and prevalence of substance use or gambling
467467 7 disorders.
468468 8 (G) Cooperate with and assist the State
469469 9 Superintendent of Education, boards of education,
470470 10 schools, police departments, the Illinois State
471471 11 Police, courts and other public and private agencies
472472 12 and individuals in establishing substance use or
473473 13 gambling disorder prevention programs statewide and
474474 14 preparing curriculum materials for use at all levels
475475 15 of education.
476476 16 (H) Cooperate with and assist the Illinois
477477 17 Department of Healthcare and Family Services in the
478478 18 development and provision of services offered to
479479 19 recipients of public assistance for the treatment and
480480 20 prevention of substance use or gambling disorders.
481481 21 (I) (Blank).
482482 22 (5) From monies appropriated to the Department from
483483 23 the Drunk and Drugged Driving Prevention Fund, reimburse
484484 24 DUI evaluation and risk education programs licensed by the
485485 25 Department for providing indigent persons with free or
486486 26 reduced-cost evaluation and risk education services
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497497 1 relating to a charge of driving under the influence of
498498 2 alcohol or other drugs.
499499 3 (6) Promulgate regulations to identify and disseminate
500500 4 best practice guidelines that can be utilized by publicly
501501 5 and privately funded programs as well as for levels of
502502 6 payment to government funded programs that provide
503503 7 prevention, early intervention, treatment, and other
504504 8 recovery support services for substance use or gambling
505505 9 disorders and those services referenced in Sections 15-10
506506 10 and 40-5.
507507 11 (7) In consultation with providers and related trade
508508 12 associations, specify a uniform methodology for use by
509509 13 funded providers and the Department for billing and
510510 14 collection and dissemination of statistical information
511511 15 regarding services related to substance use or gambling
512512 16 disorders.
513513 17 (8) Receive data and assistance from federal, State
514514 18 and local governmental agencies, and obtain copies of
515515 19 identification and arrest data from all federal, State and
516516 20 local law enforcement agencies for use in carrying out the
517517 21 purposes and functions of the Department.
518518 22 (9) Designate and license providers to conduct
519519 23 screening, assessment, referral and tracking of clients
520520 24 identified by the criminal justice system as having
521521 25 indications of substance use disorders and being eligible
522522 26 to make an election for treatment under Section 40-5 of
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533533 1 this Act, and assist in the placement of individuals who
534534 2 are under court order to participate in treatment.
535535 3 (10) Identify and disseminate evidence-based best
536536 4 practice guidelines as maintained in administrative rule
537537 5 that can be utilized to determine a substance use or
538538 6 gambling disorder diagnosis.
539539 7 (11) (Blank).
540540 8 (11.5) Make grants with funds appropriated to the
541541 9 Department as provided in Section 50 of the Video Gaming
542542 10 Act and subsection (c) of Section 13 of the Illinois
543543 11 Gambling Act.
544544 12 (12) Make grants with funds appropriated from the Drug
545545 13 Treatment Fund in accordance with Section 7 of the
546546 14 Controlled Substance and Cannabis Nuisance Act, or in
547547 15 accordance with Section 80 of the Methamphetamine Control
548548 16 and Community Protection Act, or in accordance with
549549 17 subsections (h) and (i) of Section 411.2 of the Illinois
550550 18 Controlled Substances Act, or in accordance with Section
551551 19 6z-107 of the State Finance Act.
552552 20 (13) Encourage all health and disability insurance
553553 21 programs to include substance use and gambling disorder
554554 22 treatment as a covered services service and to use
555555 23 evidence-based best practice criteria as maintained in
556556 24 administrative rule and as required in Public Act 99-0480
557557 25 in determining the necessity for such services and
558558 26 continued stay.
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569569 1 (14) Award grants and enter into fixed-rate and
570570 2 fee-for-service arrangements with any other department,
571571 3 authority or commission of this State, or any other state
572572 4 or the federal government or with any public or private
573573 5 agency, including the disbursement of funds and furnishing
574574 6 of staff, to effectuate the purposes of this Act.
575575 7 (15) Conduct a public information campaign to inform
576576 8 the State's Hispanic residents regarding the prevention
577577 9 and treatment of substance use or gambling disorders.
578578 10 (b) In addition to the powers, duties and functions vested
579579 11 in it by this Act, or by other laws of this State, the
580580 12 Department may undertake, but shall not be limited to, the
581581 13 following activities:
582582 14 (1) Require all organizations licensed or funded by
583583 15 the Department to include an education component to inform
584584 16 participants regarding the causes and means of
585585 17 transmission and methods of reducing the risk of acquiring
586586 18 or transmitting HIV infection and other infectious
587587 19 diseases, and to include funding for such education
588588 20 component in its support of the program.
589589 21 (2) Review all State agency applications for federal
590590 22 funds that include provisions relating to the prevention,
591591 23 early intervention and treatment of substance use or
592592 24 gambling disorders in order to ensure consistency.
593593 25 (3) Prepare, publish, evaluate, disseminate and serve
594594 26 as a central repository for educational materials dealing
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605605 1 with the nature and effects of substance use or gambling
606606 2 disorders. Such materials may deal with the educational
607607 3 needs of the citizens of Illinois, and may include at
608608 4 least pamphlets that describe the causes and effects of
609609 5 fetal alcohol spectrum disorders.
610610 6 (4) Develop and coordinate, with regional and local
611611 7 agencies, education and training programs for persons
612612 8 engaged in providing services for persons with substance
613613 9 use or gambling disorders, which programs may include
614614 10 specific HIV education and training for program personnel.
615615 11 (5) Cooperate with and assist in the development of
616616 12 education, prevention, early intervention, and treatment
617617 13 programs for employees of State and local governments and
618618 14 businesses in the State.
619619 15 (6) Utilize the support and assistance of interested
620620 16 persons in the community, including recovering persons, to
621621 17 assist individuals and communities in understanding the
622622 18 dynamics of substance use or gambling disorders, and to
623623 19 encourage individuals with these substance use disorders
624624 20 to voluntarily undergo treatment.
625625 21 (7) Promote, conduct, assist or sponsor basic
626626 22 clinical, epidemiological and statistical research into
627627 23 substance use or gambling disorders and research into the
628628 24 prevention of those problems either solely or in
629629 25 conjunction with any public or private agency.
630630 26 (8) Cooperate with public and private agencies,
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641641 1 organizations, institutions of higher education, and
642642 2 individuals in the development of programs, and to provide
643643 3 technical assistance and consultation services for this
644644 4 purpose.
645645 5 (9) (Blank).
646646 6 (10) (Blank).
647647 7 (11) Fund, promote, or assist entities dealing with
648648 8 substance use or gambling disorders.
649649 9 (12) With monies appropriated from the Group Home Loan
650650 10 Revolving Fund, make loans, directly or through
651651 11 subcontract, to assist in underwriting the costs of
652652 12 housing in which individuals recovering from substance use
653653 13 or gambling disorders may reside, pursuant to Section
654654 14 50-40 of this Act.
655655 15 (13) Promulgate such regulations as may be necessary
656656 16 to carry out the purposes and enforce the provisions of
657657 17 this Act.
658658 18 (14) Provide funding to help parents be effective in
659659 19 preventing substance use or gambling disorders by building
660660 20 an awareness of the family's role in preventing these
661661 21 substance use disorders through adjusting expectations,
662662 22 developing new skills, and setting positive family goals.
663663 23 The programs shall include, but not be limited to, the
664664 24 following subjects: healthy family communication;
665665 25 establishing rules and limits; how to reduce family
666666 26 conflict; how to build self-esteem, competency, and
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677677 1 responsibility in children; how to improve motivation and
678678 2 achievement; effective discipline; problem solving
679679 3 techniques; healthy gaming and play habits; appropriate
680680 4 financial planning and investment strategies; how to talk
681681 5 about gambling and related activities; and how to talk
682682 6 about substance use or gambling drugs and alcohol. The
683683 7 programs shall be open to all parents.
684684 8 (15) Establish an Opioid Remediation Services Capital
685685 9 Investment Grant Program. The Department may, subject to
686686 10 appropriation and approval through the Opioid Overdose
687687 11 Prevention and Recovery Steering Committee, after
688688 12 recommendation by the Illinois Opioid Remediation Advisory
689689 13 Board, and certification by the Office of the Attorney
690690 14 General, make capital improvement grants to units of local
691691 15 government and substance use prevention, treatment, and
692692 16 recovery service providers addressing opioid remediation
693693 17 in the State for approved abatement uses under the
694694 18 Illinois Opioid Allocation Agreement. The Illinois Opioid
695695 19 Remediation State Trust Fund shall be the source of
696696 20 funding for the program. Eligible grant recipients shall
697697 21 be units of local government and substance use prevention,
698698 22 treatment, and recovery service providers that offer
699699 23 facilities and services in a manner that supports and
700700 24 meets the approved uses of the opioid settlement funds.
701701 25 Eligible grant recipients have no entitlement to a grant
702702 26 under this Section. The Department of Human Services may
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713713 1 consult with the Capital Development Board, the Department
714714 2 of Commerce and Economic Opportunity, and the Illinois
715715 3 Housing Development Authority to adopt rules to implement
716716 4 this Section and may create a competitive application
717717 5 procedure for grants to be awarded. The rules may specify
718718 6 the manner of applying for grants; grantee eligibility
719719 7 requirements; project eligibility requirements;
720720 8 restrictions on the use of grant moneys; the manner in
721721 9 which grantees must account for the use of grant moneys;
722722 10 and any other provision that the Department of Human
723723 11 Services determines to be necessary or useful for the
724724 12 administration of this Section. Rules may include a
725725 13 requirement for grantees to provide local matching funds
726726 14 in an amount equal to a specific percentage of the grant.
727727 15 No portion of an opioid remediation services capital
728728 16 investment grant awarded under this Section may be used by
729729 17 a grantee to pay for any ongoing operational costs or
730730 18 outstanding debt. The Department of Human Services may
731731 19 consult with the Capital Development Board, the Department
732732 20 of Commerce and Economic Opportunity, and the Illinois
733733 21 Housing Development Authority in the management and
734734 22 disbursement of funds for capital-related projects. The
735735 23 Capital Development Board, the Department of Commerce and
736736 24 Economic Opportunity, and the Illinois Housing Development
737737 25 Authority shall act in a consulting role only for the
738738 26 evaluation of applicants, scoring of applicants, or
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749749 1 administration of the grant program.
750750 2 (c) There is created within the Department of Human
751751 3 Services an Office of Opioid Settlement Administration. The
752752 4 Office shall be responsible for implementing and administering
753753 5 approved abatement programs as described in Exhibit B of the
754754 6 Illinois Opioid Allocation Agreement, effective December 30,
755755 7 2021. The Office may also implement and administer other
756756 8 opioid-related programs, including but not limited to
757757 9 prevention, treatment, and recovery services from other funds
758758 10 made available to the Department of Human Services. The
759759 11 Secretary of Human Services shall appoint or assign staff as
760760 12 necessary to carry out the duties and functions of the Office.
761761 13 (Source: P.A. 102-538, eff. 8-20-21; 102-699, eff. 4-19-22;
762762 14 103-8, eff. 6-7-23.)
763763 15 (20 ILCS 301/5-20)
764764 16 Sec. 5-20. Gambling disorders.
765765 17 (a) Subject to appropriation, the Department shall
766766 18 establish a program for public education, research, and
767767 19 training regarding gambling disorders and the treatment and
768768 20 prevention of gambling disorders. Subject to specific
769769 21 appropriation for these stated purposes, the program must
770770 22 include all of the following:
771771 23 (1) Establishment and maintenance of a toll-free
772772 24 hotline and website "800" telephone number to provide
773773 25 crisis counseling and referral services for to families
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784784 1 experiencing difficulty related to a as a result of
785785 2 gambling disorder disorders.
786786 3 (2) Promotion of public awareness regarding the
787787 4 recognition and prevention of gambling disorders.
788788 5 Promotion of public awareness regarding the impact of
789789 6 gambling disorders on individuals, families, and
790790 7 communities and the stigma that surrounds gambling
791791 8 disorders.
792792 9 (3) Facilitation, through in-service training,
793793 10 certification promotion, and other innovative means, of
794794 11 the availability of effective assistance programs for
795795 12 gambling disorders.
796796 13 (4) Conducting studies to, and through other
797797 14 innovative means, identify adults and juveniles in this
798798 15 State who have, or who are at risk of developing, gambling
799799 16 disorders.
800800 17 (5) Use screening, crisis intervention, treatment,
801801 18 public awareness, prevention, in-service training, and
802802 19 other innovative means to decrease the incidence of
803803 20 suicide attempts related to a gambling disorder or
804804 21 gambling issues.
805805 22 (b) Subject to appropriation, the Department shall either
806806 23 establish and maintain the program or contract with a private
807807 24 or public entity for the establishment and maintenance of the
808808 25 program. Subject to appropriation, either the Department or
809809 26 the private or public entity shall implement the hotline and
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820820 1 website toll-free telephone number, promote public awareness,
821821 2 conduct research, fund treatment and recovery services, and
822822 3 conduct in-service training concerning gambling disorders.
823823 4 (c) The Department shall select a statement regarding
824824 5 obtaining assistance with gambling disorders, which each
825825 6 licensed gambling establishment owner shall post, and each
826826 7 master sports wagering licensee shall include, on the master
827827 8 sports wagering licensee's portal, Internet website, or
828828 9 computer or mobile application. Subject to appropriation, the
829829 10 Department shall produce and supply the signs with the
830830 11 statement as specified in Section 10.7 of the Illinois Lottery
831831 12 Law, Section 34.1 of the Illinois Horse Racing Act of 1975,
832832 13 Section 4.3 of the Bingo License and Tax Act, Section 8.1 of
833833 14 the Charitable Games Act, Section 25.95 of the Sports Wagering
834834 15 Act, and Section 13.1 of the Illinois Gambling Act, and the
835835 16 Video Gaming Act.
836836 17 (d) Programs; gambling disorder prevention.
837837 18 (1) The Department may establish a program to provide
838838 19 for the production and publication, in electronic and
839839 20 other formats, of gambling prevention, recognition,
840840 21 treatment, and recovery literature and other public
841841 22 education methods. The Department may develop and
842842 23 disseminate curricula for use by professionals,
843843 24 organizations, individuals, or committees interested in
844844 25 the prevention of gambling disorders.
845845 26 (2) The Department may provide advice to State and
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856856 1 local officials on gambling disorders, including the
857857 2 prevalence of gambling disorders, programs treating or
858858 3 promoting prevention of gambling disorders, trends in
859859 4 gambling disorder prevalence, and the relationship between
860860 5 gaming and gambling disorders.
861861 6 (3) The Department may support gambling disorder
862862 7 prevention, recognition, treatment, and recovery projects
863863 8 by facilitating the acquisition of gambling prevention
864864 9 curriculums, providing trainings in gambling disorder
865865 10 prevention best practices, connecting programs to health
866866 11 care resources, establishing learning collaboratives
867867 12 between localities and programs, and assisting programs in
868868 13 navigating any regulatory requirements for establishing or
869869 14 expanding such programs.
870870 15 (4) In supporting best practices in gambling disorder
871871 16 prevention programming, the Department may promote the
872872 17 following programmatic elements:
873873 18 (A) Providing funding for community-based
874874 19 organizations to employ community health workers or
875875 20 peer recovery specialists who are familiar with the
876876 21 communities served and can provide culturally
877877 22 competent services.
878878 23 (B) Collaborating with other community-based
879879 24 organizations, substance use disorder treatment
880880 25 centers, or other health care providers engaged in
881881 26 treating individuals who are experiencing a gambling
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892892 1 disorder.
893893 2 (C) Providing linkages for individuals to obtain
894894 3 evidence-based gambling disorder treatment.
895895 4 (D) Engaging individuals exiting jails or prisons
896896 5 who are at a high risk of developing a gambling
897897 6 disorder.
898898 7 (E) Providing education and training to
899899 8 community-based organizations who work directly with
900900 9 individuals who are experiencing gambling disorders
901901 10 and those individuals' families and communities.
902902 11 (F) Providing education and training on gambling
903903 12 disorder prevention and response to the judicial
904904 13 system.
905905 14 (G) Informing communities of the impact gambling
906906 15 disorder has on suicidal ideation and suicide attempts
907907 16 and the role health care professionals can have in
908908 17 identifying appropriate treatment.
909909 18 (H) Producing and distributing targeted mass media
910910 19 materials on gambling disorder prevention and
911911 20 response, and the potential dangers of gambling
912912 21 related stigma.
913913 22 (e) Grants.
914914 23 (1) The Department may award grants, in accordance
915915 24 with this subsection, to create or support local gambling
916916 25 prevention, recognition, and response projects. Local
917917 26 health departments, correctional institutions, hospitals,
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928928 1 universities, community-based organizations, and
929929 2 faith-based organizations may apply to the Department for
930930 3 a grant under this subsection at the time and in the manner
931931 4 the Department prescribes.
932932 5 (2) In awarding grants, the Department shall consider
933933 6 the necessity for gambling disorder prevention projects in
934934 7 various settings and shall encourage all grant applicants
935935 8 to develop interventions that will be effective and viable
936936 9 in their local areas.
937937 10 (3) In addition to moneys appropriated by the General
938938 11 Assembly, the Department may seek grants from private
939939 12 foundations, the federal government, and other sources to
940940 13 fund the grants under this Section and to fund an
941941 14 evaluation of the programs supported by the grants.
942942 15 (4) The Department may award grants to create or
943943 16 support local gambling treatment programs. Such programs
944944 17 may include prevention, early intervention, residential
945945 18 and outpatient treatment, and recovery support services
946946 19 for gambling disorders. Local health departments,
947947 20 hospitals, universities, community-based organizations,
948948 21 and faith-based organizations may apply to the Department
949949 22 for a grant under this subsection at the time and in the
950950 23 manner the Department prescribes.
951951 24 (Source: P.A. 100-759, eff. 1-1-19; 101-31, eff. 6-28-19.)
952952 25 (20 ILCS 301/10-10)
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963963 1 Sec. 10-10. Powers and duties of the Council. The Council
964964 2 shall:
965965 3 (a) Advise the Department on ways to encourage public
966966 4 understanding and support of the Department's programs.
967967 5 (b) Advise the Department on regulations and licensure
968968 6 proposed by the Department.
969969 7 (c) Advise the Department in the formulation,
970970 8 preparation, and implementation of the annual plan
971971 9 submitted with the federal Substance Use Disorder Block
972972 10 Grant application for prevention, early intervention,
973973 11 treatment, and other recovery support services for
974974 12 substance use disorders.
975975 13 (d) Advise the Department on implementation of
976976 14 substance use and gambling disorder education and
977977 15 prevention programs throughout the State.
978978 16 (e) Assist with incorporating into the annual plan
979979 17 submitted with the federal Substance Use Disorder Block
980980 18 Grant application, planning information specific to
981981 19 Illinois' female population. The information shall
982982 20 contain, but need not be limited to, the types of services
983983 21 funded, the population served, the support services
984984 22 available, and the goals, objectives, proposed methods of
985985 23 achievement, service projections and cost estimate for the
986986 24 upcoming year.
987987 25 (f) Perform other duties as requested by the
988988 26 Secretary.
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999999 1 (g) Advise the Department in the planning,
10001000 2 development, and coordination of programs among all
10011001 3 agencies and departments of State government, including
10021002 4 programs to reduce substance use and gambling disorders,
10031003 5 prevent the misuse of illegal and legal drugs by persons
10041004 6 of all ages, prevent gambling and gambling behaviors while
10051005 7 gaming by minors, and prevent the use of alcohol by
10061006 8 minors.
10071007 9 (h) Promote and encourage participation by the private
10081008 10 sector, including business, industry, labor, and the
10091009 11 media, in programs to prevent substance use and gambling
10101010 12 disorders.
10111011 13 (i) Encourage the implementation of programs to
10121012 14 prevent substance use and gambling disorders in the public
10131013 15 and private schools and educational institutions.
10141014 16 (j) Gather information, conduct hearings, and make
10151015 17 recommendations to the Secretary concerning additions,
10161016 18 deletions, or rescheduling of substances under the
10171017 19 Illinois Controlled Substances Act.
10181018 20 (k) Report as requested to the General Assembly
10191019 21 regarding the activities and recommendations made by the
10201020 22 Council.
10211021 23 (Source: P.A. 100-759, eff. 1-1-19.)
10221022 24 (20 ILCS 301/10-15)
10231023 25 Sec. 10-15. Qualification and appointment of members. The
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10341034 1 membership of the Illinois Advisory Council may, as needed,
10351035 2 consist of:
10361036 3 (a) A State's Attorney designated by the President of
10371037 4 the Illinois State's Attorneys Association.
10381038 5 (b) A judge designated by the Chief Justice of the
10391039 6 Illinois Supreme Court.
10401040 7 (c) A Public Defender appointed by the President of
10411041 8 the Illinois Public Defender Association.
10421042 9 (d) A local law enforcement officer appointed by the
10431043 10 Governor.
10441044 11 (e) A labor representative appointed by the Governor.
10451045 12 (f) An educator appointed by the Governor.
10461046 13 (g) A physician licensed to practice medicine in all
10471047 14 its branches appointed by the Governor with due regard for
10481048 15 the appointee's knowledge of the field of substance use
10491049 16 disorders.
10501050 17 (h) 4 members of the Illinois House of
10511051 18 Representatives, 2 each appointed by the Speaker and
10521052 19 Minority Leader.
10531053 20 (i) 4 members of the Illinois Senate, 2 each appointed
10541054 21 by the President and Minority Leader.
10551055 22 (j) The Chief Executive Officer of the Illinois
10561056 23 Association for Behavioral Health or his or her designee.
10571057 24 (k) An advocate for the needs of youth appointed by
10581058 25 the Governor.
10591059 26 (l) The President of the Illinois State Medical
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10701070 1 Society or his or her designee.
10711071 2 (m) The President of the Illinois Hospital Association
10721072 3 or his or her designee.
10731073 4 (n) The President of the Illinois Nurses Association
10741074 5 or a registered nurse designated by the President.
10751075 6 (o) The President of the Illinois Pharmacists
10761076 7 Association or a licensed pharmacist designated by the
10771077 8 President.
10781078 9 (p) The President of the Illinois Chapter of the
10791079 10 Association of Labor-Management Administrators and
10801080 11 Consultants on Alcoholism.
10811081 12 (p-1) The Chief Executive Officer of the Community
10821082 13 Behavioral Healthcare Association of Illinois or his or
10831083 14 her designee.
10841084 15 (q) The Attorney General or his or her designee.
10851085 16 (r) The State Comptroller or his or her designee.
10861086 17 (s) 20 public members, 8 appointed by the Governor, 3
10871087 18 of whom shall be representatives of substance use or
10881088 19 gambling disorder treatment programs and one of whom shall
10891089 20 be a representative of a manufacturer or importing
10901090 21 distributor of alcoholic liquor licensed by the State of
10911091 22 Illinois, and 3 public members appointed by each of the
10921092 23 President and Minority Leader of the Senate and the
10931093 24 Speaker and Minority Leader of the House.
10941094 25 (t) The Director, Secretary, or other chief
10951095 26 administrative officer, ex officio, or his or her
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11061106 1 designee, of each of the following: the Department on
11071107 2 Aging, the Department of Children and Family Services, the
11081108 3 Department of Corrections, the Department of Juvenile
11091109 4 Justice, the Department of Healthcare and Family Services,
11101110 5 the Department of Revenue, the Department of Public
11111111 6 Health, the Department of Financial and Professional
11121112 7 Regulation, the Illinois State Police, the Administrative
11131113 8 Office of the Illinois Courts, the Criminal Justice
11141114 9 Information Authority, and the Department of
11151115 10 Transportation.
11161116 11 (u) Each of the following, ex officio, or his or her
11171117 12 designee: the Secretary of State, the State Superintendent
11181118 13 of Education, and the Chairman of the Board of Higher
11191119 14 Education.
11201120 15 The public members may not be officers or employees of the
11211121 16 executive branch of State government; however, the public
11221122 17 members may be officers or employees of a State college or
11231123 18 university or of any law enforcement agency. In appointing
11241124 19 members, due consideration shall be given to the experience of
11251125 20 appointees in the fields of medicine, law, prevention,
11261126 21 correctional activities, and social welfare. Vacancies in the
11271127 22 public membership shall be filled for the unexpired term by
11281128 23 appointment in like manner as for original appointments, and
11291129 24 the appointive members shall serve until their successors are
11301130 25 appointed and have qualified. Vacancies among the public
11311131 26 members appointed by the legislative leaders shall be filled
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11421142 1 by the leader of the same house and of the same political party
11431143 2 as the leader who originally appointed the member.
11441144 3 Each non-appointive member may designate a representative
11451145 4 to serve in his place by written notice to the Department. All
11461146 5 General Assembly members shall serve until their respective
11471147 6 successors are appointed or until termination of their
11481148 7 legislative service, whichever occurs first. The terms of
11491149 8 office for each of the members appointed by the Governor shall
11501150 9 be for 3 years, except that of the members first appointed, 3
11511151 10 shall be appointed for a term of one year, and 4 shall be
11521152 11 appointed for a term of 2 years. The terms of office of each of
11531153 12 the public members appointed by the legislative leaders shall
11541154 13 be for 2 years.
11551155 14 (Source: P.A. 102-538, eff. 8-20-21.)
11561156 15 (20 ILCS 301/15-5)
11571157 16 Sec. 15-5. Applicability.
11581158 17 (a) It is unlawful for any person to provide treatment for
11591159 18 substance use or gambling disorders or to provide services as
11601160 19 specified in subsections (a) and (b) of Section 15-10 of this
11611161 20 Act unless the person is licensed to do so by the Department.
11621162 21 The performance of these activities by any person in violation
11631163 22 of this Act is declared to be inimical to the public health and
11641164 23 welfare, and to be a public nuisance. The Department may
11651165 24 undertake such inspections and investigations as it deems
11661166 25 appropriate to determine whether licensable activities are
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11771177 1 being conducted without the requisite license.
11781178 2 (b) Nothing in this Act shall be construed to require any
11791179 3 hospital, as defined by the Hospital Licensing Act, required
11801180 4 to have a license from the Department of Public Health
11811181 5 pursuant to the Hospital Licensing Act to obtain any license
11821182 6 under this Act for any substance use disorder treatment
11831183 7 services operated on the licensed premises of the hospital,
11841184 8 and operated by the hospital or its designated agent, provided
11851185 9 that such services are covered within the scope of the
11861186 10 Hospital Licensing Act. No person or facility required to be
11871187 11 licensed under this Act shall be required to obtain a license
11881188 12 pursuant to the Hospital Licensing Act or the Child Care Act of
11891189 13 1969.
11901190 14 (c) Nothing in this Act shall be construed to require an
11911191 15 individual employee of a licensed program to be licensed under
11921192 16 this Act.
11931193 17 (d) Nothing in this Act shall be construed to require any
11941194 18 private professional practice, whether by an individual
11951195 19 practitioner, by a partnership, or by a duly incorporated
11961196 20 professional service corporation, that provides outpatient
11971197 21 treatment for substance use disorders to be licensed under
11981198 22 this Act, provided that the treatment is rendered personally
11991199 23 by the professional in his own name and the professional is
12001200 24 authorized by individual professional licensure or
12011201 25 registration from the Department of Financial and Professional
12021202 26 Regulation to provide substance use disorder treatment
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12131213 1 unsupervised. This exemption shall not apply to such private
12141214 2 professional practice that provides or holds itself out, as
12151215 3 defined in Section 1-10, as providing substance use disorder
12161216 4 outpatient treatment. This exemption shall also not apply to
12171217 5 licensable intervention services, research, or residential
12181218 6 treatment services as defined in this Act or by rule.
12191219 7 Notwithstanding any other provisions of this subsection to
12201220 8 the contrary, persons licensed to practice medicine in all of
12211221 9 its branches in Illinois shall not require licensure under
12221222 10 this Act unless their private professional practice provides
12231223 11 and holds itself out, as defined in Section 1-10, as providing
12241224 12 substance use disorder outpatient treatment.
12251225 13 (e) Nothing in this Act shall be construed to require any
12261226 14 employee assistance program operated by an employer or any
12271227 15 intervenor program operated by a professional association to
12281228 16 obtain any license pursuant to this Act to perform services
12291229 17 that do not constitute licensable treatment or intervention as
12301230 18 defined in this Act.
12311231 19 (f) Before any violation of this Act is reported by the
12321232 20 Department or any of its agents to any State's Attorney for the
12331233 21 institution of a criminal proceeding, the person against whom
12341234 22 such proceeding is contemplated shall be given appropriate
12351235 23 notice and an opportunity to present his views before the
12361236 24 Department or its designated agent, either orally or in
12371237 25 writing, in person or by an attorney, with regard to such
12381238 26 contemplated proceeding. Nothing in this Act shall be
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12491249 1 construed as requiring the Department to report minor
12501250 2 violations of this Act whenever the Department believes that
12511251 3 the public interest would be adequately served by a suitable
12521252 4 written notice or warning.
12531253 5 (Source: P.A. 100-759, eff. 1-1-19.)
12541254 6 (20 ILCS 301/15-10)
12551255 7 Sec. 15-10. Licensure categories and services. No person
12561256 8 or program may provide the services or conduct the activities
12571257 9 described in this Section without first obtaining a license
12581258 10 therefor from the Department, unless otherwise exempted under
12591259 11 this Act. The Department shall, by rule, provide requirements
12601260 12 for each of the following types of licenses and categories of
12611261 13 service:
12621262 14 (a) Treatment: Categories of treatment service for a
12631263 15 substance use or gambling disorder authorized by a
12641264 16 treatment license are Early Intervention, Outpatient,
12651265 17 Intensive Outpatient/Partial Hospitalization, Subacute
12661266 18 Residential/Inpatient, and Withdrawal Management.
12671267 19 Medication assisted treatment that includes methadone used
12681268 20 for an opioid use disorder can be licensed as an adjunct to
12691269 21 any of the treatment levels of care specified in this
12701270 22 Section.
12711271 23 (b) Intervention: Categories of intervention service
12721272 24 authorized by an intervention license are DUI Evaluation,
12731273 25 DUI Risk Education, Designated Program, and Recovery Homes
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12841284 1 for persons in any stage of recovery from a substance use
12851285 2 or gambling disorder. Harm Reduction Services is another
12861286 3 category of intervention licensure that may be issued if
12871287 4 and when legal authorization is adopted to allow for
12881288 5 services and upon adoption of administrative or funding
12891289 6 rules that govern the delivery of these services.
12901290 7 The Department may, under procedures established by rule
12911291 8 and upon a showing of good cause for such, exempt off-site
12921292 9 services from having to obtain a separate license for services
12931293 10 conducted away from the provider's licensed location.
12941294 11 (Source: P.A. 100-759, eff. 1-1-19.)
12951295 12 (20 ILCS 301/20-5)
12961296 13 Sec. 20-5. Development of statewide prevention system.
12971297 14 (a) The Department shall develop and implement a
12981298 15 comprehensive, statewide, community-based strategy to reduce
12991299 16 substance use and gambling disorders and prevent the misuse of
13001300 17 illegal and legal drugs by persons of all ages, and to prevent
13011301 18 the use of alcohol by minors. The system created to implement
13021302 19 this strategy shall be based on the premise that coordination
13031303 20 among and integration between all community and governmental
13041304 21 systems will facilitate effective and efficient program
13051305 22 implementation and utilization of existing resources.
13061306 23 (b) The statewide system developed under this Section may
13071307 24 be adopted by administrative rule or funded as a grant award
13081308 25 condition and shall be responsible for:
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13191319 1 (1) Providing programs and technical assistance to
13201320 2 improve the ability of Illinois communities and schools to
13211321 3 develop, implement and evaluate prevention programs.
13221322 4 (2) Initiating and fostering continuing cooperation
13231323 5 among the Department, Department-funded prevention
13241324 6 programs, other community-based prevention providers and
13251325 7 other State, regional, or local systems or agencies that
13261326 8 have an interest in substance use disorder prevention.
13271327 9 (c) In developing, implementing, and advocating for this
13281328 10 statewide strategy and system, the Department may engage in,
13291329 11 but shall not be limited to, the following activities:
13301330 12 (1) Establishing and conducting programs to provide
13311331 13 awareness and knowledge of the nature and extent of
13321332 14 substance use and gambling disorders and their effect on
13331333 15 individuals, families, and communities.
13341334 16 (2) Conducting or providing prevention skill building
13351335 17 or education through the use of structured experiences.
13361336 18 (3) Developing, supporting, and advocating with new
13371337 19 and existing local community coalitions or
13381338 20 neighborhood-based grassroots networks using action
13391339 21 planning and collaborative systems to initiate change
13401340 22 regarding substance use and gambling disorders in their
13411341 23 communities.
13421342 24 (4) Encouraging, supporting, and advocating for
13431343 25 programs and activities that emphasize alcohol-free and
13441344 26 other drug-free lifestyles.
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13551355 1 (5) Drafting and implementing efficient plans for the
13561356 2 use of available resources to address issues of substance
13571357 3 use disorder prevention.
13581358 4 (6) Coordinating local programs of alcoholism and
13591359 5 other drug abuse education and prevention.
13601360 6 (7) Encouraging the development of local advisory
13611361 7 councils.
13621362 8 (d) In providing leadership to this system, the Department
13631363 9 shall take into account, wherever possible, the needs and
13641364 10 requirements of local communities. The Department shall also
13651365 11 involve, wherever possible, local communities in its statewide
13661366 12 planning efforts. These planning efforts shall include, but
13671367 13 shall not be limited to, in cooperation with local community
13681368 14 representatives and Department-funded agencies, the analysis
13691369 15 and application of results of local needs assessments, as well
13701370 16 as a process for the integration of an evaluation component
13711371 17 into the system. The results of this collaborative planning
13721372 18 effort shall be taken into account by the Department in making
13731373 19 decisions regarding the allocation of prevention resources.
13741374 20 (e) Prevention programs funded in whole or in part by the
13751375 21 Department shall maintain staff whose skills, training,
13761376 22 experiences and cultural awareness demonstrably match the
13771377 23 needs of the people they are serving.
13781378 24 (f) The Department may delegate the functions and
13791379 25 activities described in subsection (c) of this Section to
13801380 26 local, community-based providers.
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13911391 1 (Source: P.A. 100-759, eff. 1-1-19.)
13921392 2 (20 ILCS 301/25-5)
13931393 3 Sec. 25-5. Establishment of comprehensive treatment
13941394 4 system. The Department shall develop, fund and implement a
13951395 5 comprehensive, statewide, community-based system for the
13961396 6 provision of early intervention, treatment, and recovery
13971397 7 support services for persons suffering from substance use or
13981398 8 gambling disorders. The system created under this Section
13991399 9 shall be based on the premise that coordination among and
14001400 10 integration between all community and governmental systems
14011401 11 will facilitate effective and efficient program implementation
14021402 12 and utilization of existing resources.
14031403 13 (Source: P.A. 100-759, eff. 1-1-19.)
14041404 14 (20 ILCS 301/25-10)
14051405 15 Sec. 25-10. Promulgation of regulations. The Department
14061406 16 shall adopt regulations for licensure, certification for
14071407 17 Medicaid reimbursement, and to identify evidence-based best
14081408 18 practice criteria that can be utilized for intervention and
14091409 19 treatment services, taking into consideration available
14101410 20 resources and facilities, for the purpose of early and
14111411 21 effective treatment of substance use and gambling disorders.
14121412 22 (Source: P.A. 100-759, eff. 1-1-19.)
14131413 23 (20 ILCS 301/30-5)
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14241424 1 Sec. 30-5. Patients' rights established.
14251425 2 (a) For purposes of this Section, "patient" means any
14261426 3 person who is receiving or has received early intervention,
14271427 4 treatment, or other recovery support services under this Act
14281428 5 or any category of service licensed as "intervention" under
14291429 6 this Act.
14301430 7 (b) No patient shall be deprived of any rights, benefits,
14311431 8 or privileges guaranteed by law, the Constitution of the
14321432 9 United States of America, or the Constitution of the State of
14331433 10 Illinois solely because of his or her status as a patient.
14341434 11 (c) Persons who have substance use or gambling disorders
14351435 12 who are also suffering from medical conditions shall not be
14361436 13 discriminated against in admission or treatment by any
14371437 14 hospital that receives support in any form supported in whole
14381438 15 or in part by funds appropriated to any State department or
14391439 16 agency.
14401440 17 (d) Every patient shall have impartial access to services
14411441 18 without regard to race, religion, sex, ethnicity, age, sexual
14421442 19 orientation, gender identity, marital status, or other
14431443 20 disability.
14441444 21 (e) Patients shall be permitted the free exercise of
14451445 22 religion.
14461446 23 (f) Every patient's personal dignity shall be recognized
14471447 24 in the provision of services, and a patient's personal privacy
14481448 25 shall be assured and protected within the constraints of his
14491449 26 or her individual treatment.
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14601460 1 (g) Treatment services shall be provided in the least
14611461 2 restrictive environment possible.
14621462 3 (h) Each patient receiving treatment services shall be
14631463 4 provided an individual treatment plan, which shall be
14641464 5 periodically reviewed and updated as mandated by
14651465 6 administrative rule.
14661466 7 (i) Treatment shall be person-centered, meaning that every
14671467 8 patient shall be permitted to participate in the planning of
14681468 9 his or her total care and medical treatment to the extent that
14691469 10 his or her condition permits.
14701470 11 (j) A person shall not be denied treatment solely because
14711471 12 he or she has withdrawn from treatment against medical advice
14721472 13 on a prior occasion or had prior treatment episodes.
14731473 14 (k) The patient in residential treatment shall be
14741474 15 permitted visits by family and significant others, unless such
14751475 16 visits are clinically contraindicated.
14761476 17 (l) A patient in residential treatment shall be allowed to
14771477 18 conduct private telephone conversations with family and
14781478 19 friends unless clinically contraindicated.
14791479 20 (m) A patient in residential treatment shall be permitted
14801480 21 to send and receive mail without hindrance, unless clinically
14811481 22 contraindicated.
14821482 23 (n) A patient shall be permitted to manage his or her own
14831483 24 financial affairs unless the patient or the patient's
14841484 25 guardian, or if the patient is a minor, the patient's parent,
14851485 26 authorizes another competent person to do so.
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14961496 1 (o) A patient shall be permitted to request the opinion of
14971497 2 a consultant at his or her own expense, or to request an
14981498 3 in-house review of a treatment plan, as provided in the
14991499 4 specific procedures of the provider. A treatment provider is
15001500 5 not liable for the negligence of any consultant.
15011501 6 (p) Unless otherwise prohibited by State or federal law,
15021502 7 every patient shall be permitted to obtain from his or her own
15031503 8 physician, the treatment provider, or the treatment provider's
15041504 9 consulting physician complete and current information
15051505 10 concerning the nature of care, procedures, and treatment that
15061506 11 he or she will receive.
15071507 12 (q) A patient shall be permitted to refuse to participate
15081508 13 in any experimental research or medical procedure without
15091509 14 compromising his or her access to other, non-experimental
15101510 15 services. Before a patient is placed in an experimental
15111511 16 research or medical procedure, the provider must first obtain
15121512 17 his or her informed written consent or otherwise comply with
15131513 18 the federal requirements regarding the protection of human
15141514 19 subjects contained in 45 CFR Part 46.
15151515 20 (r) All medical treatment and procedures shall be
15161516 21 administered as ordered by a physician and in accordance with
15171517 22 all Department rules.
15181518 23 (s) Every patient in treatment shall be permitted to
15191519 24 refuse medical treatment and to know the consequences of such
15201520 25 action. Such refusal by a patient shall free the treatment
15211521 26 licensee from the obligation to provide the treatment.
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15321532 1 (t) Unless otherwise prohibited by State or federal law,
15331533 2 every patient, patient's guardian, or parent, if the patient
15341534 3 is a minor, shall be permitted to inspect and copy all clinical
15351535 4 and other records kept by the intervention or treatment
15361536 5 licensee or by his or her physician concerning his or her care
15371537 6 and maintenance. The licensee or physician may charge a
15381538 7 reasonable fee for the duplication of a record.
15391539 8 (u) No owner, licensee, administrator, employee, or agent
15401540 9 of a licensed intervention or treatment program shall abuse or
15411541 10 neglect a patient. It is the duty of any individual who becomes
15421542 11 aware of such abuse or neglect to report it to the Department
15431543 12 immediately.
15441544 13 (v) The licensee may refuse access to any person if the
15451545 14 actions of that person are or could be injurious to the health
15461546 15 and safety of a patient or the licensee, or if the person seeks
15471547 16 access for commercial purposes.
15481548 17 (w) All patients admitted to community-based treatment
15491549 18 facilities shall be considered voluntary treatment patients
15501550 19 and such patients shall not be contained within a locked
15511551 20 setting.
15521552 21 (x) Patients and their families or legal guardians shall
15531553 22 have the right to present complaints to the provider or the
15541554 23 Department concerning the quality of care provided to the
15551555 24 patient, without threat of discharge or reprisal in any form
15561556 25 or manner whatsoever. The complaint process and procedure
15571557 26 shall be adopted by the Department by rule. The treatment
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15681568 1 provider shall have in place a mechanism for receiving and
15691569 2 responding to such complaints, and shall inform the patient
15701570 3 and the patient's family or legal guardian of this mechanism
15711571 4 and how to use it. The provider shall analyze any complaint
15721572 5 received and, when indicated, take appropriate corrective
15731573 6 action. Every patient and his or her family member or legal
15741574 7 guardian who makes a complaint shall receive a timely response
15751575 8 from the provider that substantively addresses the complaint.
15761576 9 The provider shall inform the patient and the patient's family
15771577 10 or legal guardian about other sources of assistance if the
15781578 11 provider has not resolved the complaint to the satisfaction of
15791579 12 the patient or the patient's family or legal guardian.
15801580 13 (y) A patient may refuse to perform labor at a program
15811581 14 unless such labor is a part of the patient's individual
15821582 15 treatment plan as documented in the patient's clinical record.
15831583 16 (z) A person who is in need of services may apply for
15841584 17 voluntary admission in the manner and with the rights provided
15851585 18 for under regulations promulgated by the Department. If a
15861586 19 person is refused admission, then staff, subject to rules
15871587 20 promulgated by the Department, shall refer the person to
15881588 21 another facility or to other appropriate services.
15891589 22 (aa) No patient shall be denied services based solely on
15901590 23 HIV status. Further, records and information governed by the
15911591 24 AIDS Confidentiality Act and the AIDS Confidentiality and
15921592 25 Testing Code (77 Ill. Adm. Code 697) shall be maintained in
15931593 26 accordance therewith.
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16041604 1 (bb) Records of the identity, diagnosis, prognosis or
16051605 2 treatment of any patient maintained in connection with the
16061606 3 performance of any service or activity relating to substance
16071607 4 use or gambling disorder education, early intervention,
16081608 5 intervention, training, or treatment that is regulated,
16091609 6 authorized, or directly or indirectly assisted by any
16101610 7 Department or agency of this State or under any provision of
16111611 8 this Act shall be confidential and may be disclosed only in
16121612 9 accordance with the provisions of federal law and regulations
16131613 10 concerning the confidentiality of substance use disorder
16141614 11 patient records as contained in 42 U.S.C. Sections 290dd-2 and
16151615 12 42 CFR Part 2, or any successor federal statute or regulation.
16161616 13 (1) The following are exempt from the confidentiality
16171617 14 protections set forth in 42 CFR Section 2.12(c):
16181618 15 (A) Veteran's Administration records.
16191619 16 (B) Information obtained by the Armed Forces.
16201620 17 (C) Information given to qualified service
16211621 18 organizations.
16221622 19 (D) Communications within a program or between a
16231623 20 program and an entity having direct administrative
16241624 21 control over that program.
16251625 22 (E) Information given to law enforcement personnel
16261626 23 investigating a patient's commission of a crime on the
16271627 24 program premises or against program personnel.
16281628 25 (F) Reports under State law of incidents of
16291629 26 suspected child abuse and neglect; however,
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16401640 1 confidentiality restrictions continue to apply to the
16411641 2 records and any follow-up information for disclosure
16421642 3 and use in civil or criminal proceedings arising from
16431643 4 the report of suspected abuse or neglect.
16441644 5 (2) If the information is not exempt, a disclosure can
16451645 6 be made only under the following circumstances:
16461646 7 (A) With patient consent as set forth in 42 CFR
16471647 8 Sections 2.1(b)(1) and 2.31, and as consistent with
16481648 9 pertinent State law.
16491649 10 (B) For medical emergencies as set forth in 42 CFR
16501650 11 Sections 2.1(b)(2) and 2.51.
16511651 12 (C) For research activities as set forth in 42 CFR
16521652 13 Sections 2.1(b)(2) and 2.52.
16531653 14 (D) For audit evaluation activities as set forth
16541654 15 in 42 CFR Section 2.53.
16551655 16 (E) With a court order as set forth in 42 CFR
16561656 17 Sections 2.61 through 2.67.
16571657 18 (3) The restrictions on disclosure and use of patient
16581658 19 information apply whether the holder of the information
16591659 20 already has it, has other means of obtaining it, is a law
16601660 21 enforcement or other official, has obtained a subpoena, or
16611661 22 asserts any other justification for a disclosure or use
16621662 23 that is not permitted by 42 CFR Part 2. Any court orders
16631663 24 authorizing disclosure of patient records under this Act
16641664 25 must comply with the procedures and criteria set forth in
16651665 26 42 CFR Sections 2.64 and 2.65. Except as authorized by a
16661666
16671667
16681668
16691669
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16721672
16731673
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16761676 1 court order granted under this Section, no record referred
16771677 2 to in this Section may be used to initiate or substantiate
16781678 3 any charges against a patient or to conduct any
16791679 4 investigation of a patient.
16801680 5 (4) The prohibitions of this subsection shall apply to
16811681 6 records concerning any person who has been a patient,
16821682 7 regardless of whether or when the person ceases to be a
16831683 8 patient.
16841684 9 (5) Any person who discloses the content of any record
16851685 10 referred to in this Section except as authorized shall,
16861686 11 upon conviction, be guilty of a Class A misdemeanor.
16871687 12 (6) The Department shall prescribe regulations to
16881688 13 carry out the purposes of this subsection. These
16891689 14 regulations may contain such definitions, and may provide
16901690 15 for such safeguards and procedures, including procedures
16911691 16 and criteria for the issuance and scope of court orders,
16921692 17 as in the judgment of the Department are necessary or
16931693 18 proper to effectuate the purposes of this Section, to
16941694 19 prevent circumvention or evasion thereof, or to facilitate
16951695 20 compliance therewith.
16961696 21 (cc) Each patient shall be given a written explanation of
16971697 22 all the rights enumerated in this Section and a copy, signed by
16981698 23 the patient, shall be kept in every patient record. If a
16991699 24 patient is unable to read such written explanation, it shall
17001700 25 be read to the patient in a language that the patient
17011701 26 understands. A copy of all the rights enumerated in this
17021702
17031703
17041704
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17081708
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17121712 1 Section shall be posted in a conspicuous place within the
17131713 2 program where it may readily be seen and read by program
17141714 3 patients and visitors.
17151715 4 (dd) The program shall ensure that its staff is familiar
17161716 5 with and observes the rights and responsibilities enumerated
17171717 6 in this Section.
17181718 7 (ee) Licensed organizations shall comply with the right of
17191719 8 any adolescent to consent to treatment without approval of the
17201720 9 parent or legal guardian in accordance with the Consent by
17211721 10 Minors to Health Care Services Act.
17221722 11 (ff) At the point of admission for services, licensed
17231723 12 organizations must obtain written informed consent, as defined
17241724 13 in Section 1-10 and in administrative rule, from each client,
17251725 14 patient, or legal guardian.
17261726 15 (Source: P.A. 102-813, eff. 5-13-22.)
17271727 16 (20 ILCS 301/35-5)
17281728 17 Sec. 35-5. Services for pregnant women and mothers.
17291729 18 (a) In order to promote a comprehensive, statewide and
17301730 19 multidisciplinary approach to serving pregnant women and
17311731 20 mothers, including those who are minors, and their children
17321732 21 who are affected by substance use or gambling disorders, the
17331733 22 Department shall have responsibility for an ongoing exchange
17341734 23 of referral information among the following:
17351735 24 (1) those who provide medical and social services to
17361736 25 pregnant women, mothers and their children, whether or not
17371737
17381738
17391739
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17471747 1 there exists evidence of a substance use or gambling
17481748 2 disorder. These include any other State-funded medical or
17491749 3 social services to pregnant women.
17501750 4 (2) providers of treatment services to women affected
17511751 5 by substance use or gambling disorders.
17521752 6 (b) (Blank).
17531753 7 (c) (Blank).
17541754 8 (d) (Blank).
17551755 9 (e) (Blank).
17561756 10 (f) The Department shall develop and maintain an updated
17571757 11 and comprehensive directory of licensed providers that deliver
17581758 12 treatment and intervention services. The Department shall post
17591759 13 on its website a licensed provider directory updated at least
17601760 14 quarterly.
17611761 15 (g) As a condition of any State grant or contract, the
17621762 16 Department shall require that any treatment program for women
17631763 17 with substance use or gambling disorders provide services,
17641764 18 either by its own staff or by agreement with other agencies or
17651765 19 individuals, which include but need not be limited to the
17661766 20 following:
17671767 21 (1) coordination with any program providing case
17681768 22 management services to ensure ongoing monitoring and
17691769 23 coordination of services after the addicted woman has
17701770 24 returned home.
17711771 25 (2) coordination with medical services for individual
17721772 26 medical care of pregnant women, including prenatal care
17731773
17741774
17751775
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17791779
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17831783 1 under the supervision of a physician.
17841784 2 (3) coordination with child care services.
17851785 3 (h) As a condition of any State grant or contract, the
17861786 4 Department shall require that any nonresidential program
17871787 5 receiving any funding for treatment services accept women who
17881788 6 are pregnant, provided that such services are clinically
17891789 7 appropriate. Failure to comply with this subsection shall
17901790 8 result in termination of the grant or contract and loss of
17911791 9 State funding.
17921792 10 (i)(1) From funds appropriated expressly for the purposes
17931793 11 of this Section, the Department shall create or contract with
17941794 12 licensed, certified agencies to develop a program for the care
17951795 13 and treatment of pregnant women, mothers and their children.
17961796 14 The program shall be in Cook County in an area of high density
17971797 15 population having a disproportionate number of women with
17981798 16 substance use and other disorders and a high infant mortality
17991799 17 rate.
18001800 18 (2) From funds appropriated expressly for the purposes of
18011801 19 this Section, the Department shall create or contract with
18021802 20 licensed, certified agencies to develop a program for the care
18031803 21 and treatment of low income pregnant women. The program shall
18041804 22 be located anywhere in the State outside of Cook County in an
18051805 23 area of high density population having a disproportionate
18061806 24 number of low income pregnant women.
18071807 25 (3) In implementing the programs established under this
18081808 26 subsection, the Department shall contract with existing
18091809
18101810
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18121812
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18191819 1 residential treatment or recovery homes in areas having a
18201820 2 disproportionate number of women with substance use and other
18211821 3 disorders who need residential treatment. Priority shall be
18221822 4 given to women who:
18231823 5 (A) are pregnant, especially if they are intravenous
18241824 6 drug users,
18251825 7 (B) have minor children,
18261826 8 (C) are both pregnant and have minor children, or
18271827 9 (D) are referred by medical personnel because they
18281828 10 either have given birth to a baby with a substance use
18291829 11 disorder, or will give birth to a baby with a substance use
18301830 12 disorder.
18311831 13 (4) The services provided by the programs shall include
18321832 14 but not be limited to:
18331833 15 (A) individual medical care, including prenatal care,
18341834 16 under the supervision of a physician.
18351835 17 (B) temporary, residential shelter for pregnant women,
18361836 18 mothers and children when necessary.
18371837 19 (C) a range of educational or counseling services.
18381838 20 (D) comprehensive and coordinated social services,
18391839 21 including therapy groups for the treatment of substance
18401840 22 use disorders; family therapy groups; programs to develop
18411841 23 positive self-awareness; parent-child therapy; and
18421842 24 residential support groups.
18431843 25 (5) (Blank).
18441844 26 (Source: P.A. 100-759, eff. 1-1-19.)
18451845
18461846
18471847
18481848
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18551855 1 (20 ILCS 301/35-10)
18561856 2 Sec. 35-10. Adolescent Family Life Program.
18571857 3 (a) The General Assembly finds and declares the following:
18581858 4 (1) In Illinois, a substantial number of babies are
18591859 5 born each year to adolescent mothers between 12 and 19
18601860 6 years of age.
18611861 7 (2) A substantial percentage of pregnant adolescents
18621862 8 have substance use disorders or live in environments in
18631863 9 which substance use disorders occur and thus are at risk
18641864 10 of exposing their infants to dangerous and harmful
18651865 11 circumstances.
18661866 12 (3) It is difficult to provide substance use disorder
18671867 13 counseling for adolescents in settings designed to serve
18681868 14 adults.
18691869 15 (b) To address the findings set forth in subsection (a),
18701870 16 and subject to appropriation, the Department may establish and
18711871 17 fund treatment strategies to meet the developmental, social,
18721872 18 and educational needs of high-risk pregnant adolescents and
18731873 19 shall do the following:
18741874 20 (1) To the maximum extent feasible and appropriate,
18751875 21 utilize existing services and funding rather than create
18761876 22 new, duplicative services.
18771877 23 (2) Include plans for coordination and collaboration
18781878 24 with existing perinatal substance use disorder services.
18791879 25 (3) Include goals and objectives for reducing the
18801880
18811881
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18831883
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18861886
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18901890 1 incidence of high-risk pregnant adolescents.
18911891 2 (4) Be culturally and linguistically appropriate to
18921892 3 the population being served.
18931893 4 (5) Include staff development training by substance
18941894 5 use and other disorder counselors.
18951895 6 As used in this Section, "high-risk pregnant adolescent"
18961896 7 means a person at least 12 but not more than 18 years of age
18971897 8 with a substance use or other disorder who is pregnant.
18981898 9 (c) (Blank).
18991899 10 (Source: P.A. 100-759, eff. 1-1-19.)
19001900 11 (20 ILCS 301/50-40)
19011901 12 Sec. 50-40. Group Home Loan Revolving Fund.
19021902 13 (a) There is hereby established the Group Home Loan
19031903 14 Revolving Fund, referred to in this Section as the "fund", to
19041904 15 be held as a separate fund within the State Treasury. Monies in
19051905 16 this fund shall be appropriated to the Department on a
19061906 17 continuing annual basis. With these funds, the Department
19071907 18 shall, directly or through subcontract, make loans to assist
19081908 19 in underwriting the costs of housing in which there may reside
19091909 20 individuals who are recovering from substance use or gambling
19101910 21 disorders, and who are seeking an alcohol-free, gambling-free,
19111911 22 or drug-free environment in which to live. Consistent with
19121912 23 federal law and regulation, the Department may establish
19131913 24 guidelines for approving the use and management of monies
19141914 25 loaned from the fund, the operation of group homes receiving
19151915
19161916
19171917
19181918
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19251925 1 loans under this Section and the repayment of monies loaned.
19261926 2 (b) There shall be deposited into the fund such amounts
19271927 3 including, but not limited to:
19281928 4 (1) All receipts, including principal and interest
19291929 5 payments and royalties, from any applicable loan agreement
19301930 6 made from the fund.
19311931 7 (2) All proceeds of assets of whatever nature received
19321932 8 by the Department as a result of default or delinquency
19331933 9 with respect to loan agreements made from the fund,
19341934 10 including proceeds from the sale, disposal, lease or
19351935 11 rental of real or personal property that the Department
19361936 12 may receive as a result thereof.
19371937 13 (3) Any direct appropriations made by the General
19381938 14 Assembly, or any gifts or grants made by any person to the
19391939 15 fund.
19401940 16 (4) Any income received from interest on investments
19411941 17 of monies in the fund.
19421942 18 (c) The Treasurer may invest monies in the fund in
19431943 19 securities constituting obligations of the United States
19441944 20 government, or in obligations the principal of and interest on
19451945 21 which are guaranteed by the United States government, or in
19461946 22 certificates of deposit of any State or national bank which
19471947 23 are fully secured by obligations guaranteed as to principal
19481948 24 and interest by the United States government.
19491949 25 (Source: P.A. 100-759, eff. 1-1-19.)
19501950
19511951
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19601960 1 (20 ILCS 301/55-30)
19611961 2 Sec. 55-30. Rate increase.
19621962 3 (a) The Department shall by rule develop the increased
19631963 4 rate methodology and annualize the increased rate beginning
19641964 5 with State fiscal year 2018 contracts to licensed providers of
19651965 6 community-based substance use and gambling disorders disorder
19661966 7 intervention or treatment, based on the additional amounts
19671967 8 appropriated for the purpose of providing a rate increase to
19681968 9 licensed providers. The Department shall adopt rules,
19691969 10 including emergency rules under subsection (y) of Section 5-45
19701970 11 of the Illinois Administrative Procedure Act, to implement the
19711971 12 provisions of this Section.
19721972 13 (b) (Blank).
19731973 14 (c) Beginning on July 1, 2022, the Division of Substance
19741974 15 Use Prevention and Recovery shall increase reimbursement rates
19751975 16 for all community-based substance use disorder treatment and
19761976 17 intervention services by 47%, including, but not limited to,
19771977 18 all of the following:
19781978 19 (1) Admission and Discharge Assessment.
19791979 20 (2) Level 1 (Individual).
19801980 21 (3) Level 1 (Group).
19811981 22 (4) Level 2 (Individual).
19821982 23 (5) Level 2 (Group).
19831983 24 (6) Case Management.
19841984 25 (7) Psychiatric Evaluation.
19851985 26 (8) Medication Assisted Recovery.
19861986
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19961996 1 (9) Community Intervention.
19971997 2 (10) Early Intervention (Individual).
19981998 3 (11) Early Intervention (Group).
19991999 4 Beginning in State Fiscal Year 2023, and every State
20002000 5 fiscal year thereafter, reimbursement rates for those
20012001 6 community-based substance use disorder treatment and
20022002 7 intervention services shall be adjusted upward by an amount
20032003 8 equal to the Consumer Price Index-U from the previous year,
20042004 9 not to exceed 2% in any State fiscal year. If there is a
20052005 10 decrease in the Consumer Price Index-U, rates shall remain
20062006 11 unchanged for that State fiscal year. The Department shall
20072007 12 adopt rules, including emergency rules in accordance with the
20082008 13 Illinois Administrative Procedure Act, to implement the
20092009 14 provisions of this Section.
20102010 15 As used in this Section, "Consumer Price Index-U" means
20112011 16 the index published by the Bureau of Labor Statistics of the
20122012 17 United States Department of Labor that measures the average
20132013 18 change in prices of goods and services purchased by all urban
20142014 19 consumers, United States city average, all items, 1982-84 =
20152015 20 100.
20162016 21 (d) Beginning on January 1, 2024, subject to federal
20172017 22 approval, the Division of Substance Use Prevention and
20182018 23 Recovery shall increase reimbursement rates for all ASAM level
20192019 24 3 residential/inpatient substance use disorder treatment and
20202020 25 intervention services by 30%, including, but not limited to,
20212021 26 the following services:
20222022
20232023
20242024
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20322032 1 (1) ASAM level 3.5 Clinically Managed High-Intensity
20332033 2 Residential Services for adults;
20342034 3 (2) ASAM level 3.5 Clinically Managed Medium-Intensity
20352035 4 Residential Services for adolescents;
20362036 5 (3) ASAM level 3.2 Clinically Managed Residential
20372037 6 Withdrawal Management;
20382038 7 (4) ASAM level 3.7 Medically Monitored Intensive
20392039 8 Inpatient Services for adults and Medically Monitored
20402040 9 High-Intensity Inpatient Services for adolescents; and
20412041 10 (5) ASAM level 3.1 Clinically Managed Low-Intensity
20422042 11 Residential Services for adults and adolescents.
20432043 12 (e) Beginning in State fiscal year 2025, and every State
20442044 13 fiscal year thereafter, reimbursement rates for licensed or
20452045 14 certified substance use disorder treatment providers of ASAM
20462046 15 Level 3 residential/inpatient services for persons with
20472047 16 substance use disorders shall be adjusted upward by an amount
20482048 17 equal to the Consumer Price Index-U from the previous year,
20492049 18 not to exceed 2% in any State fiscal year. If there is a
20502050 19 decrease in the Consumer Price Index-U, rates shall remain
20512051 20 unchanged for that State fiscal year. The Department shall
20522052 21 adopt rules, including emergency rules, in accordance with the
20532053 22 Illinois Administrative Procedure Act, to implement the
20542054 23 provisions of this Section.
20552055 24 (Source: P.A. 102-699, eff. 4-19-22; 103-102, eff. 6-16-23;
20562056 25 103-588, eff. 6-5-24.)
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20672067 1 (20 ILCS 301/55-40)
20682068 2 Sec. 55-40. Recovery residences.
20692069 3 (a) As used in this Section, "recovery residence" means a
20702070 4 sober, safe, and healthy living environment that promotes
20712071 5 recovery from alcohol and other drug use and associated
20722072 6 problems. These residences are not subject to Department
20732073 7 licensure as they are viewed as independent living residences
20742074 8 that only provide peer support and a lengthened exposure to
20752075 9 the culture of recovery.
20762076 10 (b) The Department shall develop and maintain an online
20772077 11 registry for recovery residences that operate in Illinois to
20782078 12 serve as a resource for individuals seeking continued recovery
20792079 13 assistance.
20802080 14 (c) Non-licensable recovery residences are encouraged to
20812081 15 register with the Department and the registry shall be
20822082 16 publicly available through online posting.
20832083 17 (d) The registry shall indicate any accreditation,
20842084 18 certification, or licensure that each recovery residence has
20852085 19 received from an entity that has developed uniform national
20862086 20 standards. The registry shall also indicate each recovery
20872087 21 residence's location in order to assist providers and
20882088 22 individuals in finding alcohol, gambling, and drug free
20892089 23 housing options with like-minded residents who are committed
20902090 24 to alcohol, gambling, and drug free living.
20912091 25 (e) Registrants are encouraged to seek national
20922092 26 accreditation from any entity that has developed uniform State
20932093
20942094
20952095
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21032103 1 or national standards for recovery residences.
21042104 2 (f) The Department shall include a disclaimer on the
21052105 3 registry that states that the recovery residences are not
21062106 4 regulated by the Department and their listing is provided as a
21072107 5 resource but not as an endorsement by the State.
21082108 6 (Source: P.A. 100-1062, eff. 1-1-19; 101-81, eff. 7-12-19.)
21092109 HB2580- 60 -LRB104 10663 KTG 20741 b 1 INDEX 2 Statutes amended in order of appearance HB2580- 60 -LRB104 10663 KTG 20741 b HB2580 - 60 - LRB104 10663 KTG 20741 b 1 INDEX 2 Statutes amended in order of appearance
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21122112 1 INDEX
21132113 2 Statutes amended in order of appearance
21142114
21152115
21162116
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21252125 1 INDEX
21262126 2 Statutes amended in order of appearance
21272127
21282128
21292129
21302130
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21322132 HB2580 - 60 - LRB104 10663 KTG 20741 b