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| Public Act 100-0494
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| HB3161 Enrolled | LRB100 08029 KTG 18113 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Alcoholism and Other Drug Abuse and |
Dependency Act is amended by adding Section 5-10 and by adding |
Section 20-30 as follows:
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(20 ILCS 301/5-10)
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Sec. 5-10. Functions of the Department.
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(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:
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(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
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rehabilitation of alcohol and other drug abuse and |
dependency that is
accessible and addresses the needs of |
at-risk or addicted individuals and their
families.
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(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
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agencies, for the purpose of providing an array of services |
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for the prevention,
intervention, treatment and |
rehabilitation of alcoholism or other drug abuse or
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dependency. Monies received by the Department shall be |
deposited into
appropriate funds as may be created by State |
law or administrative action.
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(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).
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(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 |
activities to alleviate alcoholism and other drug abuse and
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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, |
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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
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Department may from time to time identify. In developing |
the plan, the
Department shall seek input from providers, |
parent groups, associations and
interested citizens.
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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 |
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.
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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 |
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care and treatment of addicted pregnant women, addicted |
mothers and
their children established under subsection |
(j) of Section 35-5 of this Act.
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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.
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(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 |
dependency. This shall include, but shall not be limited |
to,
the following:
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(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.
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(B) Cooperate with and assist the Illinois |
Department of Public Health
in the establishment, |
funding and support of programs and services for the
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promotion of maternal and child health and the |
prevention and treatment of
infectious diseases, |
including but not limited to HIV infection, especially
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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.
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(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.
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(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 |
abuse services
pursuant to Section 8.2 of the Abused |
and Neglected Child Reporting Act.
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(E) Cooperate with and assist the Illinois |
Department of Children and
Family Services in carrying |
out its mandates to:
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(i) identify alcohol and other drug abuse |
issues among its clients and
their families; and
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(ii) develop programs and services to deal |
with such problems.
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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.
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(F) Cooperate with and assist the Illinois |
Criminal Justice Information
Authority with respect to |
statistical and other information concerning drug
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abuse incidence and prevalence.
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(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
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programs.
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(H) Cooperate with and assist the Illinois |
Department of Healthcare and Family Services in
the |
development and provision of services offered to |
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recipients of public
assistance for the treatment and |
prevention of alcoholism and other drug abuse
and |
dependency.
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(I) Provide training recommendations to other |
State agencies funding
alcohol or other drug abuse |
prevention, intervention, treatment or
rehabilitation |
services.
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(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
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indigent persons with free or reduced-cost services |
relating to a charge of
driving under the influence of |
alcohol or other drugs.
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(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,
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intervention, treatment and rehabilitation for alcoholism |
and other drug abuse
or dependency.
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(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 |
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services delivered, the number of persons treated,
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frequency of admission and readmission, and duration of |
treatment.
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(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.
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(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.
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(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.
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(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 |
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and Community Protection Act, or in accordance with |
subsections (h) and (i) of Section 411.2 of the
Illinois |
Controlled Substances Act.
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(13) Encourage all health and disability insurance |
programs to include
alcoholism and other drug abuse and |
dependency as a covered illness.
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(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.
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(15) Conduct a public information campaign to inform |
the State's
Hispanic residents regarding the prevention |
and treatment of alcoholism.
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(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.
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(2) Review all State agency applications for federal |
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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
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with the comprehensive statewide plan developed pursuant |
to this Act.
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(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
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sufficient quantities that the county clerk may provide a |
pamphlet to the
recipients of all marriage licenses issued |
in the county.
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(4) Develop and coordinate, with regional and local |
agencies, education
and training programs for persons |
engaged in providing the array of services
for persons |
having alcoholism or other drug abuse and dependency |
problems,
which programs may include specific HIV |
education and training for program
personnel.
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(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.
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(6) Utilize the support and assistance of interested |
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persons in the
community, including recovering addicts and |
alcoholics, to assist individuals
and communities in |
understanding the dynamics of addiction, and to encourage
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individuals with alcohol or other drug abuse or dependency |
problems to
voluntarily undergo treatment.
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(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.
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(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.
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(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 |
their children. The manual may
be used only to provide |
information and may not be used by the Department to
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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:
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(A) Information concerning risk assessments of |
women seeking prenatal,
natal, and postnatal medical |
care.
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(B) Information concerning risk assessments of |
infants who may be
substance-affected.
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(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.
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(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.
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(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 |
Services.
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(F) Effects of substance abuse on infants and |
guidelines on the
symptoms, care, and comfort of |
drug-withdrawing infants.
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(G) Responsibilities of the Illinois Department of |
Public Health to
maintain statistics on the number of |
children in Illinois addicted at birth.
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(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
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management information system for all alcoholism and other |
drug abuse
prevention, early intervention and treatment |
services.
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(11) Fund, promote or assist programs, services, |
demonstrations or
research dealing with addictive or |
habituating behaviors detrimental to the
health of |
Illinois citizens.
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(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
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abuse or dependency may reside in groups of not less than 6 |
persons, pursuant
to Section 50-40 of this Act.
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(13) Promulgate such regulations as may be necessary |
for the
administration of grants or to otherwise carry out |
the purposes and enforce the
provisions of this Act.
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(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 |
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family communication; establishing
rules and limits; how |
to reduce family conflict; how to build self-esteem,
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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.
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(Source: P.A. 94-556, eff. 9-11-05; 95-331, eff. 8-21-07.)
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(20 ILCS 301/20-30 new) |
Sec. 20-30. Opioid prevention and abuse; public awareness |
website. The Department shall create and maintain a website to |
educate the public on heroin and prescription opioid abuse. At |
a minimum, the website shall include: |
(1) information on the warning signs of heroin and |
prescription opioid addiction; |
(2) helpful hints for parents on how to discuss the |
dangers of heroin and prescription opioid addiction with |
their children; |
(3) information on available treatment options and |
services; |
(4) a listing of the toll-free number established by |
the Department to provide information and referral |
services for persons with questions concerning substance |
abuse and treatment; and |
(5) links to flyers and resources for download. |
The Department shall adopt any rules necessary to implement |
