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1		AN ACT concerning State government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Substance Use Disorder Act is amended by
5		changing Sections 1-5, 1-10, 5-5, 5-10, 5-20, 10-10, 10-15,
6		15-5, 15-10, 20-5, 25-5, 25-10, 30-5, 35-5, 35-10, 50-40,
7		55-30, and 55-40 as follows:
8		(20 ILCS 301/1-5)
9		Sec. 1-5. Legislative declaration. Substance use and
10		gambling disorders, as defined in this Act, constitute a
11		serious public health problem. The effects on public safety
12		and the criminal justice system cause serious social and
13		economic losses, as well as great human suffering. It is
14		imperative that a comprehensive and coordinated strategy be
15		developed under the leadership of a State agency. This
16		strategy should be implemented through the facilities of
17		federal and local government and community-based agencies
18		(which may be public or private, volunteer or professional).
19		Through local prevention, early intervention, treatment, and
20		other recovery support services, this strategy should empower
21		those struggling with these substance use disorders (and, when
22		appropriate, the families of those persons) to lead healthy
23		lives.

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1		The human, social, and economic benefits of preventing
2		these substance use disorders are great, and it is imperative
3		that there be interagency cooperation in the planning and
4		delivery of prevention, early intervention, treatment, and
5		other recovery support services in Illinois.
6		The provisions of this Act shall be liberally construed to
7		enable the Department to carry out these objectives and
8		purposes.
9		(Source: P.A. 100-759, eff. 1-1-19.)
10		(20 ILCS 301/1-10)
11		Sec. 1-10. Definitions. As used in this Act, unless the
12		context clearly indicates otherwise, the following words and
13		terms have the following meanings:
14		"Case management" means a coordinated approach to the
15		delivery of health and medical treatment, substance use
16		disorder treatment, gambling disorder treatment, mental health
17		treatment, and social services, linking patients with
18		appropriate services to address specific needs and achieve
19		stated goals. In general, case management assists patients
20		with other disorders and conditions that require multiple
21		services over extended periods of time and who face difficulty
22		in gaining access to those services.
23		"Crime of violence" means any of the following crimes:
24		murder, voluntary manslaughter, criminal sexual assault,
25		aggravated criminal sexual assault, predatory criminal sexual

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

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

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

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

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1		compulsive substance use and begin the initial engagement in
2		medically necessary substance use disorder treatment.
3		Withdrawal management allows patients to safely withdraw from
4		substances in a controlled medically-structured environment.
5		(Source: P.A. 100-759, eff. 1-1-19.)
6		(20 ILCS 301/5-5)
7		Sec. 5-5. Successor department; home rule.
8		(a) The Department of Human Services, as successor to the
9		Department of Alcoholism and Substance Abuse, shall assume the
10		various rights, powers, duties, and functions provided for in
11		this Act.
12		(b) It is declared to be the public policy of this State,
13		pursuant to paragraphs (h) and (i) of Section 6 of Article VII
14		of the Illinois Constitution of 1970, that the powers and
15		functions set forth in this Act and expressly delegated to the
16		Department are exclusive State powers and functions. Nothing
17		herein prohibits the exercise of any power or the performance
18		of any function, including the power to regulate, for the
19		protection of the public health, safety, morals and welfare,
20		by any unit of local government, other than the powers and
21		functions set forth in this Act and expressly delegated to the
22		Department to be exclusive State powers and functions.
23		(c) The Department shall, through accountable and
24		efficient leadership, example and commitment to excellence,
25		strive to reduce the incidence of substance use or gambling

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1		disorders by:
2		(1) Fostering public understanding of substance use
3		disorders and how they affect individuals, families, and
4		communities.
5		(2) Promoting healthy lifestyles.
6		(3) Promoting understanding and support for sound
7		public policies.
8		(4) Ensuring quality prevention, early intervention,
9		treatment, and other recovery support services that are
10		accessible and responsive to the diverse needs of
11		individuals, families, and communities.
12		(Source: P.A. 100-759, eff. 1-1-19.)
13		(20 ILCS 301/5-10)
14		Sec. 5-10. Functions of the Department.
15		(a) In addition to the powers, duties and functions vested
16		in the Department by this Act, or by other laws of this State,
17		the Department shall carry out the following activities:
18		(1) Design, coordinate and fund comprehensive
19		community-based and culturally and gender-appropriate
20		services throughout the State. These services must include
21		prevention, early intervention, treatment, and other
22		recovery support services for substance use disorders that
23		are accessible and address the needs of at-risk
24		individuals and their families.
25		(2) Act as the exclusive State agency to accept,

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1		receive and expend, pursuant to appropriation, any public
2		or private monies, grants or services, including those
3		received from the federal government or from other State
4		agencies, for the purpose of providing prevention, early
5		intervention, treatment, and other recovery support
6		services for substance use or gambling disorders.
7		(2.5) In partnership with the Department of Healthcare
8		and Family Services, act as one of the principal State
9		agencies for the sole purpose of calculating the
10		maintenance of effort requirement under Section 1930 of
11		Title XIX, Part B, Subpart II of the Public Health Service
12		Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR
13		96.134).
14		(3) Coordinate a statewide strategy for the
15		prevention, early intervention, treatment, and recovery
16		support of substance use or gambling disorders. This
17		strategy shall include the development of a comprehensive
18		plan, submitted annually with the application for federal
19		substance use disorder block grant funding, for the
20		provision of an array of such services. The plan shall be
21		based on local community-based needs and upon data
22		including, but not limited to, that which defines the
23		prevalence of and costs associated with these substance
24		use disorders. This comprehensive plan shall include
25		identification of problems, needs, priorities, services
26		and other pertinent information, including the needs of

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

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

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

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

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

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1		this Act, and assist in the placement of individuals who
2		are under court order to participate in treatment.
3		(10) Identify and disseminate evidence-based best
4		practice guidelines as maintained in administrative rule
5		that can be utilized to determine a substance use or
6		gambling disorder diagnosis.
7		(11) (Blank).
8		(11.5) Make grants with funds appropriated to the
9		Department as provided in Section 50 of the Video Gaming
10		Act and subsection (c) of Section 13 of the Illinois
11		Gambling Act.
12		(12) Make grants with funds appropriated from the Drug
13		Treatment Fund in accordance with Section 7 of the
14		Controlled Substance and Cannabis Nuisance Act, or in
15		accordance with Section 80 of the Methamphetamine Control
16		and Community Protection Act, or in accordance with
17		subsections (h) and (i) of Section 411.2 of the Illinois
18		Controlled Substances Act, or in accordance with Section
19		6z-107 of the State Finance Act.
20		(13) Encourage all health and disability insurance
21		programs to include substance use and gambling disorder
22		treatment as a covered services service and to use
23		evidence-based best practice criteria as maintained in
24		administrative rule and as required in Public Act 99-0480
25		in determining the necessity for such services and
26		continued stay.

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

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

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

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1		responsibility in children; how to improve motivation and
2		achievement; effective discipline; problem solving
3		techniques; healthy gaming and play habits; appropriate
4		financial planning and investment strategies; how to talk
5		about gambling and related activities; and how to talk
6		about substance use or gambling drugs and alcohol. The
7		programs shall be open to all parents.
8		(15) Establish an Opioid Remediation Services Capital
9		Investment Grant Program. The Department may, subject to
10		appropriation and approval through the Opioid Overdose
11		Prevention and Recovery Steering Committee, after
12		recommendation by the Illinois Opioid Remediation Advisory
13		Board, and certification by the Office of the Attorney
14		General, make capital improvement grants to units of local
15		government and substance use prevention, treatment, and
16		recovery service providers addressing opioid remediation
17		in the State for approved abatement uses under the
18		Illinois Opioid Allocation Agreement. The Illinois Opioid
19		Remediation State Trust Fund shall be the source of
20		funding for the program. Eligible grant recipients shall
21		be units of local government and substance use prevention,
22		treatment, and recovery service providers that offer
23		facilities and services in a manner that supports and
24		meets the approved uses of the opioid settlement funds.
25		Eligible grant recipients have no entitlement to a grant
26		under this Section. The Department of Human Services may

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1		consult with the Capital Development Board, the Department
2		of Commerce and Economic Opportunity, and the Illinois
3		Housing Development Authority to adopt rules to implement
4		this Section and may create a competitive application
5		procedure for grants to be awarded. The rules may specify
6		the manner of applying for grants; grantee eligibility
7		requirements; project eligibility requirements;
8		restrictions on the use of grant moneys; the manner in
9		which grantees must account for the use of grant moneys;
10		and any other provision that the Department of Human
11		Services determines to be necessary or useful for the
12		administration of this Section. Rules may include a
13		requirement for grantees to provide local matching funds
14		in an amount equal to a specific percentage of the grant.
15		No portion of an opioid remediation services capital
16		investment grant awarded under this Section may be used by
17		a grantee to pay for any ongoing operational costs or
18		outstanding debt. The Department of Human Services may
19		consult with the Capital Development Board, the Department
20		of Commerce and Economic Opportunity, and the Illinois
21		Housing Development Authority in the management and
22		disbursement of funds for capital-related projects. The
23		Capital Development Board, the Department of Commerce and
24		Economic Opportunity, and the Illinois Housing Development
25		Authority shall act in a consulting role only for the
26		evaluation of applicants, scoring of applicants, or

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1		administration of the grant program.
2		(c) There is created within the Department of Human
3		Services an Office of Opioid Settlement Administration. The
4		Office shall be responsible for implementing and administering
5		approved abatement programs as described in Exhibit B of the
6		Illinois Opioid Allocation Agreement, effective December 30,
7		2021. The Office may also implement and administer other
8		opioid-related programs, including but not limited to
9		prevention, treatment, and recovery services from other funds
10		made available to the Department of Human Services. The
11		Secretary of Human Services shall appoint or assign staff as
12		necessary to carry out the duties and functions of the Office.
13		(Source: P.A. 102-538, eff. 8-20-21; 102-699, eff. 4-19-22;
14		103-8, eff. 6-7-23.)
15		(20 ILCS 301/5-20)
16		Sec. 5-20. Gambling disorders.
17		(a) Subject to appropriation, the Department shall
18		establish a program for public education, research, and
19		training regarding gambling disorders and the treatment and
20		prevention of gambling disorders. Subject to specific
21		appropriation for these stated purposes, the program must
22		include all of the following:
23		(1) Establishment and maintenance of a toll-free
24		hotline and website "800" telephone number to provide
25		crisis counseling and referral services for to families

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

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

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

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

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

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

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

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

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

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

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1		by the leader of the same house and of the same political party
2		as the leader who originally appointed the member.
3		Each non-appointive member may designate a representative
4		to serve in his place by written notice to the Department. All
5		General Assembly members shall serve until their respective
6		successors are appointed or until termination of their
7		legislative service, whichever occurs first. The terms of
8		office for each of the members appointed by the Governor shall
9		be for 3 years, except that of the members first appointed, 3
10		shall be appointed for a term of one year, and 4 shall be
11		appointed for a term of 2 years. The terms of office of each of
12		the public members appointed by the legislative leaders shall
13		be for 2 years.
14		(Source: P.A. 102-538, eff. 8-20-21.)
15		(20 ILCS 301/15-5)
16		Sec. 15-5. Applicability.
17		(a) It is unlawful for any person to provide treatment for
18		substance use or gambling disorders or to provide services as
19		specified in subsections (a) and (b) of Section 15-10 of this
20		Act unless the person is licensed to do so by the Department.
21		The performance of these activities by any person in violation
22		of this Act is declared to be inimical to the public health and
23		welfare, and to be a public nuisance. The Department may
24		undertake such inspections and investigations as it deems
25		appropriate to determine whether licensable activities are

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1		being conducted without the requisite license.
2		(b) Nothing in this Act shall be construed to require any
3		hospital, as defined by the Hospital Licensing Act, required
4		to have a license from the Department of Public Health
5		pursuant to the Hospital Licensing Act to obtain any license
6		under this Act for any substance use disorder treatment
7		services operated on the licensed premises of the hospital,
8		and operated by the hospital or its designated agent, provided
9		that such services are covered within the scope of the
10		Hospital Licensing Act. No person or facility required to be
11		licensed under this Act shall be required to obtain a license
12		pursuant to the Hospital Licensing Act or the Child Care Act of
13		1969.
14		(c) Nothing in this Act shall be construed to require an
15		individual employee of a licensed program to be licensed under
16		this Act.
17		(d) Nothing in this Act shall be construed to require any
18		private professional practice, whether by an individual
19		practitioner, by a partnership, or by a duly incorporated
20		professional service corporation, that provides outpatient
21		treatment for substance use disorders to be licensed under
22		this Act, provided that the treatment is rendered personally
23		by the professional in his own name and the professional is
24		authorized by individual professional licensure or
25		registration from the Department of Financial and Professional
26		Regulation to provide substance use disorder treatment

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1		unsupervised. This exemption shall not apply to such private
2		professional practice that provides or holds itself out, as
3		defined in Section 1-10, as providing substance use disorder
4		outpatient treatment. This exemption shall also not apply to
5		licensable intervention services, research, or residential
6		treatment services as defined in this Act or by rule.
7		Notwithstanding any other provisions of this subsection to
8		the contrary, persons licensed to practice medicine in all of
9		its branches in Illinois shall not require licensure under
10		this Act unless their private professional practice provides
11		and holds itself out, as defined in Section 1-10, as providing
12		substance use disorder outpatient treatment.
13		(e) Nothing in this Act shall be construed to require any
14		employee assistance program operated by an employer or any
15		intervenor program operated by a professional association to
16		obtain any license pursuant to this Act to perform services
17		that do not constitute licensable treatment or intervention as
18		defined in this Act.
19		(f) Before any violation of this Act is reported by the
20		Department or any of its agents to any State's Attorney for the
21		institution of a criminal proceeding, the person against whom
22		such proceeding is contemplated shall be given appropriate
23		notice and an opportunity to present his views before the
24		Department or its designated agent, either orally or in
25		writing, in person or by an attorney, with regard to such
26		contemplated proceeding. Nothing in this Act shall be

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1		construed as requiring the Department to report minor
2		violations of this Act whenever the Department believes that
3		the public interest would be adequately served by a suitable
4		written notice or warning.
5		(Source: P.A. 100-759, eff. 1-1-19.)
6		(20 ILCS 301/15-10)
7		Sec. 15-10. Licensure categories and services. No person
8		or program may provide the services or conduct the activities
9		described in this Section without first obtaining a license
10		therefor from the Department, unless otherwise exempted under
11		this Act. The Department shall, by rule, provide requirements
12		for each of the following types of licenses and categories of
13		service:
14		(a) Treatment: Categories of treatment service for a
15		substance use or gambling disorder authorized by a
16		treatment license are Early Intervention, Outpatient,
17		Intensive Outpatient/Partial Hospitalization, Subacute
18		Residential/Inpatient, and Withdrawal Management.
19		Medication assisted treatment that includes methadone used
20		for an opioid use disorder can be licensed as an adjunct to
21		any of the treatment levels of care specified in this
22		Section.
23		(b) Intervention: Categories of intervention service
24		authorized by an intervention license are DUI Evaluation,
25		DUI Risk Education, Designated Program, and Recovery Homes

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

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

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

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1		(Source: P.A. 100-759, eff. 1-1-19.)
2		(20 ILCS 301/25-5)
3		Sec. 25-5. Establishment of comprehensive treatment
4		system. The Department shall develop, fund and implement a
5		comprehensive, statewide, community-based system for the
6		provision of early intervention, treatment, and recovery
7		support services for persons suffering from substance use or
8		gambling disorders. The system created under this Section
9		shall be based on the premise that coordination among and
10		integration between all community and governmental systems
11		will facilitate effective and efficient program implementation
12		and utilization of existing resources.
13		(Source: P.A. 100-759, eff. 1-1-19.)
14		(20 ILCS 301/25-10)
15		Sec. 25-10. Promulgation of regulations. The Department
16		shall adopt regulations for licensure, certification for
17		Medicaid reimbursement, and to identify evidence-based best
18		practice criteria that can be utilized for intervention and
19		treatment services, taking into consideration available
20		resources and facilities, for the purpose of early and
21		effective treatment of substance use and gambling disorders.
22		(Source: P.A. 100-759, eff. 1-1-19.)
23		(20 ILCS 301/30-5)

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

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

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

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1		(t) Unless otherwise prohibited by State or federal law,
2		every patient, patient's guardian, or parent, if the patient
3		is a minor, shall be permitted to inspect and copy all clinical
4		and other records kept by the intervention or treatment
5		licensee or by his or her physician concerning his or her care
6		and maintenance. The licensee or physician may charge a
7		reasonable fee for the duplication of a record.
8		(u) No owner, licensee, administrator, employee, or agent
9		of a licensed intervention or treatment program shall abuse or
10		neglect a patient. It is the duty of any individual who becomes
11		aware of such abuse or neglect to report it to the Department
12		immediately.
13		(v) The licensee may refuse access to any person if the
14		actions of that person are or could be injurious to the health
15		and safety of a patient or the licensee, or if the person seeks
16		access for commercial purposes.
17		(w) All patients admitted to community-based treatment
18		facilities shall be considered voluntary treatment patients
19		and such patients shall not be contained within a locked
20		setting.
21		(x) Patients and their families or legal guardians shall
22		have the right to present complaints to the provider or the
23		Department concerning the quality of care provided to the
24		patient, without threat of discharge or reprisal in any form
25		or manner whatsoever. The complaint process and procedure
26		shall be adopted by the Department by rule. The treatment

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1		provider shall have in place a mechanism for receiving and
2		responding to such complaints, and shall inform the patient
3		and the patient's family or legal guardian of this mechanism
4		and how to use it. The provider shall analyze any complaint
5		received and, when indicated, take appropriate corrective
6		action. Every patient and his or her family member or legal
7		guardian who makes a complaint shall receive a timely response
8		from the provider that substantively addresses the complaint.
9		The provider shall inform the patient and the patient's family
10		or legal guardian about other sources of assistance if the
11		provider has not resolved the complaint to the satisfaction of
12		the patient or the patient's family or legal guardian.
13		(y) A patient may refuse to perform labor at a program
14		unless such labor is a part of the patient's individual
15		treatment plan as documented in the patient's clinical record.
16		(z) A person who is in need of services may apply for
17		voluntary admission in the manner and with the rights provided
18		for under regulations promulgated by the Department. If a
19		person is refused admission, then staff, subject to rules
20		promulgated by the Department, shall refer the person to
21		another facility or to other appropriate services.
22		(aa) No patient shall be denied services based solely on
23		HIV status. Further, records and information governed by the
24		AIDS Confidentiality Act and the AIDS Confidentiality and
25		Testing Code (77 Ill. Adm. Code 697) shall be maintained in
26		accordance therewith.

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

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1		confidentiality restrictions continue to apply to the
2		records and any follow-up information for disclosure
3		and use in civil or criminal proceedings arising from
4		the report of suspected abuse or neglect.
5		(2) If the information is not exempt, a disclosure can
6		be made only under the following circumstances:
7		(A) With patient consent as set forth in 42 CFR
8		Sections 2.1(b)(1) and 2.31, and as consistent with
9		pertinent State law.
10		(B) For medical emergencies as set forth in 42 CFR
11		Sections 2.1(b)(2) and 2.51.
12		(C) For research activities as set forth in 42 CFR
13		Sections 2.1(b)(2) and 2.52.
14		(D) For audit evaluation activities as set forth
15		in 42 CFR Section 2.53.
16		(E) With a court order as set forth in 42 CFR
17		Sections 2.61 through 2.67.
18		(3) The restrictions on disclosure and use of patient
19		information apply whether the holder of the information
20		already has it, has other means of obtaining it, is a law
21		enforcement or other official, has obtained a subpoena, or
22		asserts any other justification for a disclosure or use
23		that is not permitted by 42 CFR Part 2. Any court orders
24		authorizing disclosure of patient records under this Act
25		must comply with the procedures and criteria set forth in
26		42 CFR Sections 2.64 and 2.65. Except as authorized by a

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1		court order granted under this Section, no record referred
2		to in this Section may be used to initiate or substantiate
3		any charges against a patient or to conduct any
4		investigation of a patient.
5		(4) The prohibitions of this subsection shall apply to
6		records concerning any person who has been a patient,
7		regardless of whether or when the person ceases to be a
8		patient.
9		(5) Any person who discloses the content of any record
10		referred to in this Section except as authorized shall,
11		upon conviction, be guilty of a Class A misdemeanor.
12		(6) The Department shall prescribe regulations to
13		carry out the purposes of this subsection. These
14		regulations may contain such definitions, and may provide
15		for such safeguards and procedures, including procedures
16		and criteria for the issuance and scope of court orders,
17		as in the judgment of the Department are necessary or
18		proper to effectuate the purposes of this Section, to
19		prevent circumvention or evasion thereof, or to facilitate
20		compliance therewith.
21		(cc) Each patient shall be given a written explanation of
22		all the rights enumerated in this Section and a copy, signed by
23		the patient, shall be kept in every patient record. If a
24		patient is unable to read such written explanation, it shall
25		be read to the patient in a language that the patient
26		understands. A copy of all the rights enumerated in this

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1		Section shall be posted in a conspicuous place within the
2		program where it may readily be seen and read by program
3		patients and visitors.
4		(dd) The program shall ensure that its staff is familiar
5		with and observes the rights and responsibilities enumerated
6		in this Section.
7		(ee) Licensed organizations shall comply with the right of
8		any adolescent to consent to treatment without approval of the
9		parent or legal guardian in accordance with the Consent by
10		Minors to Health Care Services Act.
11		(ff) At the point of admission for services, licensed
12		organizations must obtain written informed consent, as defined
13		in Section 1-10 and in administrative rule, from each client,
14		patient, or legal guardian.
15		(Source: P.A. 102-813, eff. 5-13-22.)
16		(20 ILCS 301/35-5)
17		Sec. 35-5. Services for pregnant women and mothers.
18		(a) In order to promote a comprehensive, statewide and
19		multidisciplinary approach to serving pregnant women and
20		mothers, including those who are minors, and their children
21		who are affected by substance use or gambling disorders, the
22		Department shall have responsibility for an ongoing exchange
23		of referral information among the following:
24		(1) those who provide medical and social services to
25		pregnant women, mothers and their children, whether or not

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1		there exists evidence of a substance use or gambling
2		disorder. These include any other State-funded medical or
3		social services to pregnant women.
4		(2) providers of treatment services to women affected
5		by substance use or gambling disorders.
6		(b) (Blank).
7		(c) (Blank).
8		(d) (Blank).
9		(e) (Blank).
10		(f) The Department shall develop and maintain an updated
11		and comprehensive directory of licensed providers that deliver
12		treatment and intervention services. The Department shall post
13		on its website a licensed provider directory updated at least
14		quarterly.
15		(g) As a condition of any State grant or contract, the
16		Department shall require that any treatment program for women
17		with substance use or gambling disorders provide services,
18		either by its own staff or by agreement with other agencies or
19		individuals, which include but need not be limited to the
20		following:
21		(1) coordination with any program providing case
22		management services to ensure ongoing monitoring and
23		coordination of services after the addicted woman has
24		returned home.
25		(2) coordination with medical services for individual
26		medical care of pregnant women, including prenatal care

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

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1		residential treatment or recovery homes in areas having a
2		disproportionate number of women with substance use and other
3		disorders who need residential treatment. Priority shall be
4		given to women who:
5		(A) are pregnant, especially if they are intravenous
6		drug users,
7		(B) have minor children,
8		(C) are both pregnant and have minor children, or
9		(D) are referred by medical personnel because they
10		either have given birth to a baby with a substance use
11		disorder, or will give birth to a baby with a substance use
12		disorder.
13		(4) The services provided by the programs shall include
14		but not be limited to:
15		(A) individual medical care, including prenatal care,
16		under the supervision of a physician.
17		(B) temporary, residential shelter for pregnant women,
18		mothers and children when necessary.
19		(C) a range of educational or counseling services.
20		(D) comprehensive and coordinated social services,
21		including therapy groups for the treatment of substance
22		use disorders; family therapy groups; programs to develop
23		positive self-awareness; parent-child therapy; and
24		residential support groups.
25		(5) (Blank).
26		(Source: P.A. 100-759, eff. 1-1-19.)

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1		(20 ILCS 301/35-10)
2		Sec. 35-10. Adolescent Family Life Program.
3		(a) The General Assembly finds and declares the following:
4		(1) In Illinois, a substantial number of babies are
5		born each year to adolescent mothers between 12 and 19
6		years of age.
7		(2) A substantial percentage of pregnant adolescents
8		have substance use disorders or live in environments in
9		which substance use disorders occur and thus are at risk
10		of exposing their infants to dangerous and harmful
11		circumstances.
12		(3) It is difficult to provide substance use disorder
13		counseling for adolescents in settings designed to serve
14		adults.
15		(b) To address the findings set forth in subsection (a),
16		and subject to appropriation, the Department may establish and
17		fund treatment strategies to meet the developmental, social,
18		and educational needs of high-risk pregnant adolescents and
19		shall do the following:
20		(1) To the maximum extent feasible and appropriate,
21		utilize existing services and funding rather than create
22		new, duplicative services.
23		(2) Include plans for coordination and collaboration
24		with existing perinatal substance use disorder services.
25		(3) Include goals and objectives for reducing the

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1		incidence of high-risk pregnant adolescents.
2		(4) Be culturally and linguistically appropriate to
3		the population being served.
4		(5) Include staff development training by substance
5		use and other disorder counselors.
6		As used in this Section, "high-risk pregnant adolescent"
7		means a person at least 12 but not more than 18 years of age
8		with a substance use or other disorder who is pregnant.
9		(c) (Blank).
10		(Source: P.A. 100-759, eff. 1-1-19.)
11		(20 ILCS 301/50-40)
12		Sec. 50-40. Group Home Loan Revolving Fund.
13		(a) There is hereby established the Group Home Loan
14		Revolving Fund, referred to in this Section as the "fund", to
15		be held as a separate fund within the State Treasury. Monies in
16		this fund shall be appropriated to the Department on a
17		continuing annual basis. With these funds, the Department
18		shall, directly or through subcontract, make loans to assist
19		in underwriting the costs of housing in which there may reside
20		individuals who are recovering from substance use or gambling
21		disorders, and who are seeking an alcohol-free, gambling-free,
22		or drug-free environment in which to live. Consistent with
23		federal law and regulation, the Department may establish
24		guidelines for approving the use and management of monies
25		loaned from the fund, the operation of group homes receiving

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1		loans under this Section and the repayment of monies loaned.
2		(b) There shall be deposited into the fund such amounts
3		including, but not limited to:
4		(1) All receipts, including principal and interest
5		payments and royalties, from any applicable loan agreement
6		made from the fund.
7		(2) All proceeds of assets of whatever nature received
8		by the Department as a result of default or delinquency
9		with respect to loan agreements made from the fund,
10		including proceeds from the sale, disposal, lease or
11		rental of real or personal property that the Department
12		may receive as a result thereof.
13		(3) Any direct appropriations made by the General
14		Assembly, or any gifts or grants made by any person to the
15		fund.
16		(4) Any income received from interest on investments
17		of monies in the fund.
18		(c) The Treasurer may invest monies in the fund in
19		securities constituting obligations of the United States
20		government, or in obligations the principal of and interest on
21		which are guaranteed by the United States government, or in
22		certificates of deposit of any State or national bank which
23		are fully secured by obligations guaranteed as to principal
24		and interest by the United States government.
25		(Source: P.A. 100-759, eff. 1-1-19.)

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1		(20 ILCS 301/55-30)
2		Sec. 55-30. Rate increase.
3		(a) The Department shall by rule develop the increased
4		rate methodology and annualize the increased rate beginning
5		with State fiscal year 2018 contracts to licensed providers of
6		community-based substance use and gambling disorders disorder
7		intervention or treatment, based on the additional amounts
8		appropriated for the purpose of providing a rate increase to
9		licensed providers. The Department shall adopt rules,
10		including emergency rules under subsection (y) of Section 5-45
11		of the Illinois Administrative Procedure Act, to implement the
12		provisions of this Section.
13		(b) (Blank).
14		(c) Beginning on July 1, 2022, the Division of Substance
15		Use Prevention and Recovery shall increase reimbursement rates
16		for all community-based substance use disorder treatment and
17		intervention services by 47%, including, but not limited to,
18		all of the following:
19		(1) Admission and Discharge Assessment.
20		(2) Level 1 (Individual).
21		(3) Level 1 (Group).
22		(4) Level 2 (Individual).
23		(5) Level 2 (Group).
24		(6) Case Management.
25		(7) Psychiatric Evaluation.
26		(8) Medication Assisted Recovery.

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1		(9) Community Intervention.
2		(10) Early Intervention (Individual).
3		(11) Early Intervention (Group).
4		Beginning in State Fiscal Year 2023, and every State
5		fiscal year thereafter, reimbursement rates for those
6		community-based substance use disorder treatment and
7		intervention services shall be adjusted upward by an amount
8		equal to the Consumer Price Index-U from the previous year,
9		not to exceed 2% in any State fiscal year. If there is a
10		decrease in the Consumer Price Index-U, rates shall remain
11		unchanged for that State fiscal year. The Department shall
12		adopt rules, including emergency rules in accordance with the
13		Illinois Administrative Procedure Act, to implement the
14		provisions of this Section.
15		As used in this subsection, "consumer price index-u" means
16		the index published by the Bureau of Labor Statistics of the
17		United States Department of Labor that measures the average
18		change in prices of goods and services purchased by all urban
19		consumers, United States city average, all items, 1982-84 =
20		100.
21		(d) Beginning on January 1, 2024, subject to federal
22		approval, the Division of Substance Use Prevention and
23		Recovery shall increase reimbursement rates for all ASAM level
24		3 residential/inpatient substance use disorder treatment and
25		intervention services by 30%, including, but not limited to,
26		the following services:

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1		(1) ASAM level 3.5 Clinically Managed High-Intensity
2		Residential Services for adults;
3		(2) ASAM level 3.5 Clinically Managed Medium-Intensity
4		Residential Services for adolescents;
5		(3) ASAM level 3.2 Clinically Managed Residential
6		Withdrawal Management;
7		(4) ASAM level 3.7 Medically Monitored Intensive
8		Inpatient Services for adults and Medically Monitored
9		High-Intensity Inpatient Services for adolescents; and
10		(5) ASAM level 3.1 Clinically Managed Low-Intensity
11		Residential Services for adults and adolescents.
12		(Source: P.A. 102-699, eff. 4-19-22; 103-102, eff. 6-16-23.)
13		(20 ILCS 301/55-40)
14		Sec. 55-40. Recovery residences.
15		(a) As used in this Section, "recovery residence" means a
16		sober, safe, and healthy living environment that promotes
17		recovery from alcohol and other drug use and associated
18		problems. These residences are not subject to Department
19		licensure as they are viewed as independent living residences
20		that only provide peer support and a lengthened exposure to
21		the culture of recovery.
22		(b) The Department shall develop and maintain an online
23		registry for recovery residences that operate in Illinois to
24		serve as a resource for individuals seeking continued recovery
25		assistance.

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1		(c) Non-licensable recovery residences are encouraged to
2		register with the Department and the registry shall be
3		publicly available through online posting.
4		(d) The registry shall indicate any accreditation,
5		certification, or licensure that each recovery residence has
6		received from an entity that has developed uniform national
7		standards. The registry shall also indicate each recovery
8		residence's location in order to assist providers and
9		individuals in finding alcohol, gambling, and drug free
10		housing options with like-minded residents who are committed
11		to alcohol, gambling, and drug free living.
12		(e) Registrants are encouraged to seek national
13		accreditation from any entity that has developed uniform State
14		or national standards for recovery residences.
15		(f) The Department shall include a disclaimer on the
16		registry that states that the recovery residences are not
17		regulated by the Department and their listing is provided as a
18		resource but not as an endorsement by the State.
19		(Source: P.A. 100-1062, eff. 1-1-19; 101-81, eff. 7-12-19.)
SB3410 Engrossed - 59 - LRB103 38675 KTG 68812 b 1 INDEX 2 Statutes amended in order of appearance