Bill Amendment: IL HB3161 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: DHS-OPIOID ABUSE-WEBSITE

Status: 2017-09-08 - Public Act . . . . . . . . . 100-0494 [HB3161 Detail]

Download: Illinois-2017-HB3161-Senate_Amendment_001.html

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Sen. Jennifer Bertino-Tarrant

Filed: 5/2/2017

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AMENDMENT TO HOUSE BILL 3161
AMENDMENT NO. ______. Amend House Bill 3161 on page 1, by
replacing lines 4 through 5 with the following:
"Section 5. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Section 5-10 and by
adding Section 20-30 as follows:
(20 ILCS 301/5-10)
Sec. 5-10. Functions of the Department.
(a) In addition to the powers, duties and functions vested
in the Department by this Act, or by other laws of this State,
the Department shall carry out the following activities:
(1) Design, coordinate and fund a comprehensive and
coordinated community-based and culturally and
gender-appropriate array of services throughout the State
for the prevention, intervention, treatment and
rehabilitation of alcohol and other drug abuse and

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dependency that is accessible and addresses the needs of
at-risk or addicted individuals and their families.
(2) Act as the exclusive State agency to accept,
receive and expend, pursuant to appropriation, any public
or private monies, grants or services, including those
received from the federal government or from other State
agencies, for the purpose of providing an array of services
for the prevention, intervention, treatment and
rehabilitation of alcoholism or other drug abuse or
dependency. Monies received by the Department shall be
deposited into appropriate funds as may be created by State
law or administrative action.
(2.5) In partnership with the Department of Healthcare
and Family Services, act as one of the principal State
agencies for the sole purpose of calculating the
maintenance of effort requirement under Section 1930 of
Title XIX, Part B, Subpart II of the Public Health Service
Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR
96.134).
(3) Coordinate a statewide strategy among State
agencies for the prevention, intervention, treatment and
rehabilitation of alcohol and other drug abuse and
dependency. This strategy shall include the development of
an annual comprehensive State plan for the provision of an
array of services for education, prevention, intervention,
treatment, relapse prevention and other services and

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activities to alleviate alcoholism and other drug abuse and
dependency. The plan shall be based on local
community-based needs and upon data including, but not
limited to, that which defines the prevalence of and costs
associated with the abuse of and dependency upon alcohol
and other drugs. This comprehensive State plan shall
include identification of problems, needs, priorities,
services and other pertinent information, including the
needs of minorities and other specific populations in the
State, and shall describe how the identified problems and
needs will be addressed. For purposes of this paragraph,
the term "minorities and other specific populations" may
include, but shall not be limited to, groups such as women,
children, intravenous drug users, persons with AIDS or who
are HIV infected, African-Americans, Puerto Ricans,
Hispanics, Asian Americans, the elderly, persons in the
criminal justice system, persons who are clients of
services provided by other State agencies, persons with
disabilities and such other specific populations as the
Department may from time to time identify. In developing
the plan, the Department shall seek input from providers,
parent groups, associations and interested citizens.
Beginning with State fiscal year 1996, the annual
comprehensive State plan developed under this Section
shall include an explanation of the rationale to be used in
ensuring that funding shall be based upon local community

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needs, including, but not limited to, the incidence and
prevalence of, and costs associated with, the abuse of and
dependency upon alcohol and other drugs, as well as upon
demonstrated program performance.
The annual comprehensive State plan developed under
this Section shall contain a report detailing the
activities of and progress made by the programs for the
care and treatment of addicted pregnant women, addicted
mothers and their children established under subsection
(j) of Section 35-5 of this Act.
Each State agency which provides or funds alcohol or
drug prevention, intervention and treatment services shall
annually prepare an agency plan for providing such
services, and these shall be used by the Department in
preparing the annual comprehensive statewide plan. Each
agency's annual plan for alcohol and drug abuse services
shall contain a report on the activities and progress of
such services in the prior year. The Department may provide
technical assistance to other State agencies, as required,
in the development of their agency plans.
(4) Lead, foster and develop cooperation, coordination
and agreements among federal and State governmental
agencies and local providers that provide assistance,
services, funding or other functions, peripheral or
direct, in the prevention, intervention, treatment or
rehabilitation of alcoholism and other drug abuse and

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dependency. This shall include, but shall not be limited
to, the following:
(A) Cooperate with and assist the Department of
Corrections and the Department on Aging in
establishing and conducting programs relating to
alcoholism and other drug abuse and dependency among
those populations which they respectively serve.
(B) Cooperate with and assist the Illinois
Department of Public Health in the establishment,
funding and support of programs and services for the
promotion of maternal and child health and the
prevention and treatment of infectious diseases,
including but not limited to HIV infection, especially
with respect to those persons who may abuse drugs by
intravenous injection, or may have been sexual
partners of drug abusers, or may have abused substances
so that their immune systems are impaired, causing them
to be at high risk.
(C) Supply to the Department of Public Health and
prenatal care providers a list of all alcohol and other
drug abuse service providers for addicted pregnant
women in this State.
(D) Assist in the placement of child abuse or
neglect perpetrators (identified by the Illinois
Department of Children and Family Services) who have
been determined to be in need of alcohol or other drug

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abuse services pursuant to Section 8.2 of the Abused
and Neglected Child Reporting Act.
(E) Cooperate with and assist the Illinois
Department of Children and Family Services in carrying
out its mandates to:
(i) identify alcohol and other drug abuse
issues among its clients and their families; and
(ii) develop programs and services to deal
with such problems.
These programs and services may include, but shall not
be limited to, programs to prevent the abuse of alcohol
or other drugs by DCFS clients and their families,
rehabilitation services, identifying child care needs
within the array of alcohol and other drug abuse
services, and assistance with other issues as
required.
(F) Cooperate with and assist the Illinois
Criminal Justice Information Authority with respect to
statistical and other information concerning drug
abuse incidence and prevalence.
(G) Cooperate with and assist the State
Superintendent of Education, boards of education,
schools, police departments, the Illinois Department
of State Police, courts and other public and private
agencies and individuals in establishing prevention
programs statewide and preparing curriculum materials

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for use at all levels of education. An agreement shall
be entered into with the State Superintendent of
Education to assist in the establishment of such
programs.
(H) Cooperate with and assist the Illinois
Department of Healthcare and Family Services in the
development and provision of services offered to
recipients of public assistance for the treatment and
prevention of alcoholism and other drug abuse and
dependency.
(I) Provide training recommendations to other
State agencies funding alcohol or other drug abuse
prevention, intervention, treatment or rehabilitation
services.
(5) From monies appropriated to the Department from the
Drunk and Drugged Driving Prevention Fund, make grants to
reimburse DUI evaluation and remedial education programs
licensed by the Department for the costs of providing
indigent persons with free or reduced-cost services
relating to a charge of driving under the influence of
alcohol or other drugs.
(6) Promulgate regulations to provide appropriate
standards for publicly and privately funded programs as
well as for levels of payment to government funded programs
which provide an array of services for prevention,
intervention, treatment and rehabilitation for alcoholism

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and other drug abuse or dependency.
(7) In consultation with local service providers,
specify a uniform statistical methodology for use by
agencies, organizations, individuals and the Department
for collection and dissemination of statistical
information regarding services related to alcoholism and
other drug use and abuse. This shall include prevention
services delivered, the number of persons treated,
frequency of admission and readmission, and duration of
treatment.
(8) Receive data and assistance from federal, State and
local governmental agencies, and obtain copies of
identification and arrest data from all federal, State and
local law enforcement agencies for use in carrying out the
purposes and functions of the Department.
(9) Designate and license providers to conduct
screening, assessment, referral and tracking of clients
identified by the criminal justice system as having
indications of alcoholism or other drug abuse or dependency
and being eligible to make an election for treatment under
Section 40-5 of this Act, and assist in the placement of
individuals who are under court order to participate in
treatment.
(10) Designate medical examination and other programs
for determining alcoholism and other drug abuse and
dependency.

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(11) Encourage service providers who receive financial
assistance in any form from the State to assess and collect
fees for services rendered.
(12) Make grants with funds appropriated from the Drug
Treatment Fund in accordance with Section 7 of the
Controlled Substance and Cannabis Nuisance Act, or in
accordance with Section 80 of the Methamphetamine Control
and Community Protection Act, or in accordance with
subsections (h) and (i) of Section 411.2 of the Illinois
Controlled Substances Act.
(13) Encourage all health and disability insurance
programs to include alcoholism and other drug abuse and
dependency as a covered illness.
(14) Make such agreements, grants-in-aid and
purchase-care arrangements with any other department,
authority or commission of this State, or any other state
or the federal government or with any public or private
agency, including the disbursement of funds and furnishing
of staff, to effectuate the purposes of this Act.
(15) Conduct a public information campaign to inform
the State's Hispanic residents regarding the prevention
and treatment of alcoholism.
(b) In addition to the powers, duties and functions vested
in it by this Act, or by other laws of this State, the
Department may undertake, but shall not be limited to, the
following activities:

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(1) Require all programs funded by the Department to
include an education component to inform participants
regarding the causes and means of transmission and methods
of reducing the risk of acquiring or transmitting HIV
infection, and to include funding for such education
component in its support of the program.
(2) Review all State agency applications for federal
funds which include provisions relating to the prevention,
early intervention and treatment of alcoholism and other
drug abuse and dependency in order to ensure consistency
with the comprehensive statewide plan developed pursuant
to this Act.
(3) Prepare, publish, evaluate, disseminate and serve
as a central repository for educational materials dealing
with the nature and effects of alcoholism and other drug
abuse and dependency. Such materials may deal with the
educational needs of the citizens of Illinois, and may
include at least pamphlets which describe the causes and
effects of fetal alcohol syndrome, which the Department may
distribute free of charge to each county clerk in
sufficient quantities that the county clerk may provide a
pamphlet to the recipients of all marriage licenses issued
in the county.
(4) Develop and coordinate, with regional and local
agencies, education and training programs for persons
engaged in providing the array of services for persons

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having alcoholism or other drug abuse and dependency
problems, which programs may include specific HIV
education and training for program personnel.
(5) Cooperate with and assist in the development of
education, prevention and treatment programs for employees
of State and local governments and businesses in the State.
(6) Utilize the support and assistance of interested
persons in the community, including recovering addicts and
alcoholics, to assist individuals and communities in
understanding the dynamics of addiction, and to encourage
individuals with alcohol or other drug abuse or dependency
problems to voluntarily undergo treatment.
(7) Promote, conduct, assist or sponsor basic
clinical, epidemiological and statistical research into
alcoholism and other drug abuse and dependency, and
research into the prevention of those problems either
solely or in conjunction with any public or private agency.
(8) Cooperate with public and private agencies,
organizations and individuals in the development of
programs, and to provide technical assistance and
consultation services for this purpose.
(9) Publish or provide for the publishing of a manual
to assist medical and social service providers in
identifying alcoholism and other drug abuse and dependency
and coordinating the multidisciplinary delivery of
services to addicted pregnant women, addicted mothers and

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their children. The manual may be used only to provide
information and may not be used by the Department to
establish practice standards. The Department may not
require recipients to use specific providers nor may they
require providers to refer recipients to specific
providers. The manual may include, but need not be limited
to, the following:
(A) Information concerning risk assessments of
women seeking prenatal, natal, and postnatal medical
care.
(B) Information concerning risk assessments of
infants who may be substance-affected.
(C) Protocols that have been adopted by the
Illinois Department of Children and Family Services
for the reporting and investigation of allegations of
child abuse or neglect under the Abused and Neglected
Child Reporting Act.
(D) Summary of procedures utilized in juvenile
court in cases of children alleged or found to be
abused or neglected as a result of being born to
addicted women.
(E) Information concerning referral of addicted
pregnant women, addicted mothers and their children by
medical, social service, and substance abuse treatment
providers, by the Departments of Children and Family
Services, Public Aid, Public Health, and Human

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Services.
(F) Effects of substance abuse on infants and
guidelines on the symptoms, care, and comfort of
drug-withdrawing infants.
(G) Responsibilities of the Illinois Department of
Public Health to maintain statistics on the number of
children in Illinois addicted at birth.
(10) To the extent permitted by federal law or
regulation, establish and maintain a clearinghouse and
central repository for the development and maintenance of a
centralized data collection and dissemination system and a
management information system for all alcoholism and other
drug abuse prevention, early intervention and treatment
services.
(11) Fund, promote or assist programs, services,
demonstrations or research dealing with addictive or
habituating behaviors detrimental to the health of
Illinois citizens.
(12) With monies appropriated from the Group Home Loan
Revolving Fund, make loans, directly or through
subcontract, to assist in underwriting the costs of housing
in which individuals recovering from alcohol or other drug
abuse or dependency may reside in groups of not less than 6
persons, pursuant to Section 50-40 of this Act.
(13) Promulgate such regulations as may be necessary
for the administration of grants or to otherwise carry out

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the purposes and enforce the provisions of this Act.
(14) Fund programs to help parents be effective in
preventing substance abuse by building an awareness of
drugs and alcohol and the family's role in preventing abuse
through adjusting expectations, developing new skills, and
setting positive family goals. The programs shall include,
but not be limited to, the following subjects: healthy
family communication; establishing rules and limits; how
to reduce family conflict; how to build self-esteem,
competency, and responsibility in children; how to improve
motivation and achievement; effective discipline; problem
solving techniques; and how to talk about drugs and
alcohol. The programs shall be open to all parents.
(Source: P.A. 94-556, eff. 9-11-05; 95-331, eff. 8-21-07.)".