Bill Text: IL SB1896 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the Alcoholism and Other Drug Abuse and Dependency Act. Makes changes to various provisions concerning the Department of Human Services' functions under the Act; reporting deadlines; licensure requirements; the development of a statewide prevention system; comprehensive treatment services; discrimination in health coverage and the provision of health care services; and other matters. Defines terms. Renames the Compulsive Gambling Program the Disordered Gambling Program. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [SB1896 Detail]
Download: Illinois-2011-SB1896-Introduced.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Alcoholism and Other Drug Abuse and | ||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Dependency Act is amended by changing Sections 1-10, 5-5, 5-10, | ||||||||||||||||||||||||||||||||||||||||||||||||||
6 | 5-20, 10-10, 10-15, 10-25, 10-55, 15-10, 20-5, 25-5, 25-10, | ||||||||||||||||||||||||||||||||||||||||||||||||||
7 | 25-20, 30-5, and 35-5 as follows:
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8 | (20 ILCS 301/1-10)
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9 | Sec. 1-10. Definitions. As used in this Act, unless the | ||||||||||||||||||||||||||||||||||||||||||||||||||
10 | context clearly
indicates otherwise, the following words and | ||||||||||||||||||||||||||||||||||||||||||||||||||
11 | terms have the following meanings:
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12 | "Act" means the Alcoholism and Other Drug Abuse and | ||||||||||||||||||||||||||||||||||||||||||||||||||
13 | Dependency Act.
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14 | "Addict" means a person who exhibits the disease known as | ||||||||||||||||||||||||||||||||||||||||||||||||||
15 | "addiction".
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16 | "Addiction" means a disease process characterized by the | ||||||||||||||||||||||||||||||||||||||||||||||||||
17 | continued use of a
specific psycho-active substance despite | ||||||||||||||||||||||||||||||||||||||||||||||||||
18 | physical, psychological or social
harm. The term also describes | ||||||||||||||||||||||||||||||||||||||||||||||||||
19 | the advanced stages of chemical dependency.
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20 | "Administrator" means a person responsible for | ||||||||||||||||||||||||||||||||||||||||||||||||||
21 | administration of a program.
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22 | "Alcoholic" means a person who exhibits the disease known | ||||||||||||||||||||||||||||||||||||||||||||||||||
23 | as "alcoholism".
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1 | "Alcoholism" means a chronic and progressive disease or | ||||||
2 | illness
characterized by preoccupation with and loss of control | ||||||
3 | over the consumption of
alcohol, and the use of alcohol despite | ||||||
4 | adverse consequences. Typically,
combinations of the following | ||||||
5 | tendencies are also present: periodic or chronic
intoxication; | ||||||
6 | physical disability; impaired emotional, occupational or | ||||||
7 | social
adjustment; tendency toward relapse; a detrimental | ||||||
8 | effect on the individual,
his family and society; psychological | ||||||
9 | dependence; and physical dependence.
Alcoholism is also known | ||||||
10 | as addiction to alcohol. Alcoholism is described and
further | ||||||
11 | categorized in clinical detail in the DSM and the ICD.
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12 | "Array of services" means assistance to individuals, | ||||||
13 | families and communities
in response to alcohol or other drug | ||||||
14 | abuse or dependency. The array of
services includes, but is not | ||||||
15 | limited to: prevention assistance for communities
and schools; | ||||||
16 | case finding, assessment and intervention to help individuals | ||||||
17 | stop
abusing alcohol or other drugs; case management; | ||||||
18 | detoxification to aid
individuals in physically withdrawing | ||||||
19 | from alcohol or other drugs; short-term
and long-term treatment | ||||||
20 | and recovery support services to help individuals and family
| ||||||
21 | members begin the process of recovery; prescription and | ||||||
22 | dispensing of the drug
methadone or other medications as an | ||||||
23 | adjunct to treatment; relapse prevention
services; education | ||||||
24 | and counseling for children or other co-dependents of
| ||||||
25 | alcoholics or other drug abusers or addicts. Such services may | ||||||
26 | include telecounseling, telepsychiatry, computer based |
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1 | services, and other services provided with the aid of | ||||||
2 | electronic technology.
| ||||||
3 | "ASAM" means the American Society of Addiction Medicine, a | ||||||
4 | professional organization for physicians who specialize in the | ||||||
5 | treatment of addiction. ASAM's Patient Placement Criteria | ||||||
6 | (ASAM PPC-2R) is the most widely used and comprehensive | ||||||
7 | national guidelines for placement, continued stay, and | ||||||
8 | discharge of patients with alcohol and other drug problems. | ||||||
9 | "Case management" means those services which will assist | ||||||
10 | individuals in
gaining access to needed social, educational, | ||||||
11 | medical, treatment and other
services.
| ||||||
12 | "Children of alcoholics or drug addicts or abusers of | ||||||
13 | alcohol and other
drugs" means the minor or adult children of | ||||||
14 | individuals who have abused or been
dependent upon alcohol or | ||||||
15 | other drugs. These children may or may not become
dependent | ||||||
16 | upon alcohol or other drugs themselves; however, they are | ||||||
17 | physically,
psychologically, and behaviorally at high risk of | ||||||
18 | developing the illness.
Children of alcoholics and other drug | ||||||
19 | abusers experience emotional and other
problems, and benefit | ||||||
20 | from prevention and treatment services provided by funded
and | ||||||
21 | non-funded agencies licensed by the Department.
| ||||||
22 | "Coalitions" means a formal arrangement for cooperation | ||||||
23 | and collaboration among groups or sectors of a community, in | ||||||
24 | which each group retains its identity, but all agree to work | ||||||
25 | together toward a common goal of building a safe, healthy, and | ||||||
26 | drug-free community. |
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1 | "Co-dependents" means individuals who are involved in the | ||||||
2 | lives of and are
affected by people who are dependent upon | ||||||
3 | alcohol and other drugs.
Co-dependents compulsively engage in | ||||||
4 | behaviors that cause them to suffer
adverse physical, | ||||||
5 | emotional, familial, social, behavioral, vocational, and
legal | ||||||
6 | consequences as they attempt to cope with the alcohol or drug | ||||||
7 | dependent
person. People who become co-dependents include | ||||||
8 | spouses, parents, siblings,
and friends of alcohol or drug | ||||||
9 | dependent people. Co-dependents benefit from
prevention and | ||||||
10 | treatment services provided by agencies licensed by the
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11 | Department.
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12 | "Controlled substance" means any substance or immediate | ||||||
13 | precursor which is
enumerated in the schedules of Article II of | ||||||
14 | the Illinois Controlled Substances
Act or the Cannabis Control | ||||||
15 | Act.
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16 | "Crime of violence" means any of the following crimes: | ||||||
17 | murder, voluntary
manslaughter, criminal sexual assault, | ||||||
18 | aggravated criminal sexual assault,
predatory criminal sexual | ||||||
19 | assault of a child,
armed robbery, robbery, arson, kidnapping, | ||||||
20 | aggravated battery, aggravated
arson, or any
other felony which | ||||||
21 | involves the use or threat of physical force or violence
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22 | against another individual.
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23 | "Department" means the Illinois Department of Human | ||||||
24 | Services as successor to
the former Department of Alcoholism | ||||||
25 | and Substance Abuse.
| ||||||
26 | "Designated program" means a program designated by the |
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1 | Department to provide
services described in subsection (c) or | ||||||
2 | (d) of Section 15-10 of this Act.
A
designated program's | ||||||
3 | primary function is screening, assessing, referring and
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4 | tracking clients identified by the criminal justice system, and | ||||||
5 | the program
agrees to apply statewide the standards, uniform | ||||||
6 | criteria and procedures
established by the Department pursuant | ||||||
7 | to such designation.
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8 | "Detoxification" means the process of allowing an | ||||||
9 | individual to safely
withdraw from a drug in a controlled | ||||||
10 | environment.
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11 | "DSM" means the most current edition of the Diagnostic and | ||||||
12 | Statistical
Manual of Mental Disorders.
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13 | "D.U.I." means driving under the influence of alcohol or | ||||||
14 | other substances
which may cause impairment of driving ability.
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15 | "Facility" means the building or premises which are used | ||||||
16 | for the provision
of licensable program services, including | ||||||
17 | support services, as set forth by
rule.
| ||||||
18 | "ICD" means the most current edition of the International | ||||||
19 | Classification of
Diseases.
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20 | "Incapacitated" means that a person is unconscious or | ||||||
21 | otherwise exhibits, by
overt behavior or by extreme physical | ||||||
22 | debilitation, an inability to care for
his own needs or to | ||||||
23 | recognize the obvious danger of his situation or to make
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24 | rational decisions with respect to his need for treatment.
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25 | "Intermediary person" means a person with expertise | ||||||
26 | relative to addiction,
alcoholism, and the abuse of alcohol or |
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1 | other drugs who may be called on to
assist the police in | ||||||
2 | carrying out enforcement or other activities with respect
to | ||||||
3 | persons who abuse or are dependent on alcohol or other drugs.
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4 | "Intervention" means readily accessible activities which | ||||||
5 | assist individuals
and their partners or family members in | ||||||
6 | coping with the immediate problems of
alcohol and other drug | ||||||
7 | abuse or dependency, and in reducing their alcohol and
other | ||||||
8 | drug use. Intervention can facilitate emotional and social | ||||||
9 | stability, and
involves referring people for further treatment | ||||||
10 | as needed.
| ||||||
11 | "Intoxicated person" means a person whose mental or | ||||||
12 | physical functioning is
substantially impaired as a result of | ||||||
13 | the current effects of alcohol or other
drugs within the body.
| ||||||
14 | "Local advisory council" means an alcohol and substance | ||||||
15 | abuse body
established in a county, township or community area, | ||||||
16 | which represents public
and private entities having an interest | ||||||
17 | in the prevention and treatment of
alcoholism or other drug | ||||||
18 | abuse.
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19 | "Off-site services" means licensable program services or | ||||||
20 | activities which are
conducted at a location separate from the | ||||||
21 | primary service location of the
provider, and which services | ||||||
22 | are operated by a program or entity licensed under
this Act.
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23 | "Person" means any individual, firm, group, association, | ||||||
24 | partnership,
corporation, trust, government or governmental | ||||||
25 | subdivision or agency.
| ||||||
26 | "Prevention" means an interactive process of individuals, |
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1 | families, schools,
religious organizations, communities and | ||||||
2 | regional, state and national
organizations to reduce | ||||||
3 | alcoholism, prevent and eliminate the use of alcohol by minors, | ||||||
4 | prevent the use of illegal drugs and the
abuse of legal drugs | ||||||
5 | by persons of all ages, prevent the use of alcohol by
minors, | ||||||
6 | build the capacities of individuals and systems, and promote | ||||||
7 | healthy
environments, lifestyles , and behaviors.
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8 | "Program" means a licensable or fundable activity or | ||||||
9 | service, or a
coordinated range of such activities or services, | ||||||
10 | as the Department may
establish by rule.
| ||||||
11 | "Recovery" means the long-term, often life-long, process | ||||||
12 | in which an addicted
person changes the way in which he makes | ||||||
13 | decisions and establishes personal and
life priorities. The | ||||||
14 | evolution of this decision-making and priority-setting
process | ||||||
15 | is generally manifested by an obvious improvement in the | ||||||
16 | individual's
life and lifestyle and by his overcoming the abuse | ||||||
17 | of or
dependence on alcohol or other drugs. Recovery is also | ||||||
18 | generally manifested by
prolonged periods of abstinence from | ||||||
19 | addictive chemicals which are not
medically supervised. | ||||||
20 | Recovery is the goal of treatment.
| ||||||
21 | "Recovery support" means an organized recovery maintenance | ||||||
22 | service, delivered in a wide variety of settings, for | ||||||
23 | individuals (adult or adolescent) with a substance use disorder | ||||||
24 | diagnosis who are either in treatment or have been discharged | ||||||
25 | from treatment. Recovery Support services are designed to | ||||||
26 | support an individual's recovery. These services may be |
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1 | provided directly to the individual in one-on-one or group | ||||||
2 | settings; or they may be provided on behalf of the individual | ||||||
3 | to assist them in obtaining services that will support their | ||||||
4 | recovery. The length and frequency of such services varies | ||||||
5 | according to the individual's needs. Examples of such services | ||||||
6 | include: recovery support groups; individual recovery | ||||||
7 | checkups; follow-up contacts; and recovery support service | ||||||
8 | coordination which might include transportation and assistance | ||||||
9 | in obtaining services to meet substance abuse treatment, | ||||||
10 | health, employment, education, legal, housing, and other | ||||||
11 | needs. | ||||||
12 | "Rehabilitation" means a process whereby those clinical | ||||||
13 | services necessary
and appropriate for improving an | ||||||
14 | individual's life and lifestyle and for
overcoming his or her | ||||||
15 | abuse of or dependency upon alcohol or other drugs, or
both, | ||||||
16 | are delivered in an appropriate setting and manner as defined | ||||||
17 | in rules
established by the Department.
| ||||||
18 | "Relapse" means a process which is manifested by a | ||||||
19 | progressive pattern of
behavior that reactivates the symptoms | ||||||
20 | of a disease or creates debilitating
conditions in an | ||||||
21 | individual who has experienced remission from addiction or
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22 | alcoholism.
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23 | "Secretary" means the Secretary of Human Services or his or | ||||||
24 | her designee.
| ||||||
25 | "Substance abuse" or "abuse" shall have the meaning set | ||||||
26 | forth in the most current edition of the Diagnostic and |
| |||||||
| |||||||
1 | Statistical Manual (DSM), published by the American | ||||||
2 | Psychiatric Association. means a pattern of use of alcohol or | ||||||
3 | other drugs
with the potential of leading to immediate | ||||||
4 | functional problems or to alcoholism
or other drug dependency, | ||||||
5 | or to the use of alcohol and/or other drugs solely
for purposes | ||||||
6 | of intoxication. The term also means the use of illegal drugs | ||||||
7 | by
persons of any age, and the use of alcohol by persons under | ||||||
8 | the age of 21.
| ||||||
9 | "Substance use disorder" shall have the meaning set forth | ||||||
10 | in the most current edition of the Diagnostic and Statistical | ||||||
11 | Manual (DSM), published by the American Psychiatric | ||||||
12 | Association. | ||||||
13 | "Treatment" means the broad range of emergency, | ||||||
14 | outpatient, intermediate ,
and inpatient or residential | ||||||
15 | services and care (including assessment, diagnosis, medical,
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16 | psychiatric, psychological and social services, care and | ||||||
17 | counseling , and
aftercare ) which may be extended to individuals | ||||||
18 | who abuse or are dependent
on alcohol or other drugs or | ||||||
19 | families of those persons.
| ||||||
20 | (Source: P.A. 89-202, eff. 7-21-95; 89-428, eff. 12-13-95; | ||||||
21 | 89-462, eff.
5-29-96; 89-507, eff. 7-1-97; 90-14, eff. 7-1-97; | ||||||
22 | 90-135, eff. 7-22-97.)
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23 | (20 ILCS 301/5-10)
| ||||||
24 | Sec. 5-10. Functions of the Department.
| ||||||
25 | (a) In addition to the powers, duties and functions vested |
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1 | in the Department
by this Act, or by other laws of this State, | ||||||
2 | the Department shall carry out the
following activities:
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3 | (1) Design, coordinate , and sufficiently fund a | ||||||
4 | comprehensive and coordinated
community-based and | ||||||
5 | culturally and gender-appropriate array of services
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6 | throughout the State for the prevention, intervention, | ||||||
7 | treatment and
rehabilitation of alcohol and other drug | ||||||
8 | abuse and dependency that is
accessible and addresses the | ||||||
9 | needs of at-risk or addicted individuals and their
| ||||||
10 | families.
| ||||||
11 | (2) Act as the exclusive State agency to accept, | ||||||
12 | receive and expend,
pursuant to appropriation, any public | ||||||
13 | or private monies, grants or services,
including those | ||||||
14 | received from the federal government or from other State
| ||||||
15 | agencies, for the purpose of providing an array of services | ||||||
16 | for the prevention,
intervention, treatment and | ||||||
17 | rehabilitation of alcoholism or other drug abuse or
| ||||||
18 | dependency. Monies received by the Department shall be | ||||||
19 | deposited into
appropriate funds as may be created by State | ||||||
20 | law or administrative action.
| ||||||
21 | (3) Coordinate a statewide strategy among State | ||||||
22 | agencies for the
prevention, intervention, treatment and | ||||||
23 | rehabilitation of alcohol and other
drug abuse and | ||||||
24 | dependency. This strategy shall include the development of | ||||||
25 | an
annual comprehensive State plan for the provision of an | ||||||
26 | array of services for
education, prevention, intervention, |
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1 | treatment, relapse prevention and other
services and | ||||||
2 | activities to alleviate alcoholism and other drug abuse and
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3 | dependency. The plan shall be based on local | ||||||
4 | community-based needs and upon
data including, but not | ||||||
5 | limited to, that which defines the prevalence of and
costs | ||||||
6 | associated with the abuse of and dependency upon alcohol | ||||||
7 | and other drugs.
This comprehensive State plan shall | ||||||
8 | include identification of problems, needs,
priorities, | ||||||
9 | services and other pertinent information, including the | ||||||
10 | needs of
minorities and other specific populations in the | ||||||
11 | State, and shall describe how
the identified problems and | ||||||
12 | needs will be addressed. For purposes of this
paragraph, | ||||||
13 | the term "minorities and other specific populations" may | ||||||
14 | include,
but shall not be limited to, groups such as women, | ||||||
15 | children, intravenous drug
users, persons with AIDS or who | ||||||
16 | are HIV infected, African-Americans, Puerto
Ricans, | ||||||
17 | Hispanics, Asian Americans, the elderly, persons in the | ||||||
18 | criminal
justice system, persons who are clients of | ||||||
19 | services provided by other State
agencies, persons with | ||||||
20 | disabilities and such other specific populations as the
| ||||||
21 | Department may from time to time identify. In developing | ||||||
22 | the plan, the
Department shall seek input from providers, | ||||||
23 | the Illinois Alcoholism and Drug Dependence Association, | ||||||
24 | parent groups, associations , and
interested citizens.
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25 | Beginning with State fiscal year 1996, the annual | ||||||
26 | comprehensive State plan
developed under this Section |
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1 | shall include an explanation of the rationale to
be used in | ||||||
2 | ensuring that funding shall be based upon local community | ||||||
3 | needs,
including, but not limited to, the incidence and | ||||||
4 | prevalence of, and costs
associated with, the abuse of and | ||||||
5 | dependency upon alcohol and other drugs, as
well as upon | ||||||
6 | demonstrated program performance.
| ||||||
7 | The annual comprehensive State plan developed under | ||||||
8 | this Section shall
contain a report detailing the | ||||||
9 | activities of and progress made by the programs
for the | ||||||
10 | care and treatment of addicted pregnant women, addicted | ||||||
11 | mothers and
their children established under subsection | ||||||
12 | (j) of Section 35-5 of this Act.
| ||||||
13 | Each State agency which provides or funds alcohol or | ||||||
14 | drug prevention,
intervention and treatment services shall | ||||||
15 | annually prepare an agency plan for
providing such | ||||||
16 | services, and these shall be used by the Department in | ||||||
17 | preparing
the annual comprehensive statewide plan. Each | ||||||
18 | agency's annual plan for alcohol
and drug abuse services | ||||||
19 | shall contain a report on the activities and progress
of | ||||||
20 | such services in the prior year. The Department may provide | ||||||
21 | technical
assistance to other State agencies, as required, | ||||||
22 | in the development of their
agency plans.
| ||||||
23 | (4) Lead, foster and develop cooperation, coordination | ||||||
24 | and agreements
among federal and State governmental | ||||||
25 | agencies and local providers that provide
assistance, | ||||||
26 | services, funding or other functions, peripheral or |
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1 | direct, in the
prevention, intervention, treatment or | ||||||
2 | rehabilitation of alcoholism and other
drug abuse and | ||||||
3 | dependency. This shall include, but shall not be limited | ||||||
4 | to,
the following:
| ||||||
5 | (A) Cooperate with and assist the Department of | ||||||
6 | Corrections and
the Department on Aging in | ||||||
7 | establishing and conducting programs relating to | ||||||
8 | alcoholism
and other drug abuse and dependency among | ||||||
9 | those populations which they
respectively serve.
| ||||||
10 | (B) Cooperate with and assist the Illinois | ||||||
11 | Department of Public Health
in the establishment, | ||||||
12 | funding and support of programs and services for the
| ||||||
13 | promotion of maternal and child health and the | ||||||
14 | prevention and treatment of
infectious diseases, | ||||||
15 | including but not limited to HIV infection, especially
| ||||||
16 | with respect to those persons who may abuse drugs by | ||||||
17 | intravenous injection, or
may have been sexual | ||||||
18 | partners of drug abusers, or may have abused substances | ||||||
19 | so
that their immune systems are impaired, causing them | ||||||
20 | to be at high risk.
| ||||||
21 | (C) Supply to the Department of Public Health and | ||||||
22 | prenatal care
providers a list of all alcohol and other | ||||||
23 | drug abuse service providers for
addicted pregnant | ||||||
24 | women in this State.
| ||||||
25 | (D) Assist in the placement of child abuse or | ||||||
26 | neglect perpetrators
(identified by the Illinois |
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| |||||||
1 | Department of Children and Family Services) who
have | ||||||
2 | been determined to be in need of alcohol or other drug | ||||||
3 | abuse services
pursuant to Section 8.2 of the Abused | ||||||
4 | and Neglected Child Reporting Act.
| ||||||
5 | (E) Cooperate with and assist the Illinois | ||||||
6 | Department of Children and
Family Services in carrying | ||||||
7 | out its mandates to:
| ||||||
8 | (i) identify alcohol and other drug abuse | ||||||
9 | issues among its clients and
their families; and
| ||||||
10 | (ii) develop programs and services to deal | ||||||
11 | with such problems.
| ||||||
12 | These programs and services may include, but shall not | ||||||
13 | be limited to,
programs to prevent the abuse of alcohol | ||||||
14 | or other drugs by DCFS clients and
their families, | ||||||
15 | rehabilitation services, identifying child care needs | ||||||
16 | within
the array of alcohol and other drug abuse | ||||||
17 | services, and assistance with other
issues as | ||||||
18 | required.
| ||||||
19 | (F) Cooperate with and assist the Illinois | ||||||
20 | Criminal Justice Information
Authority with respect to | ||||||
21 | statistical and other information concerning drug
| ||||||
22 | abuse incidence and prevalence.
| ||||||
23 | (G) Cooperate with and assist the State | ||||||
24 | Superintendent of Education,
boards of education, | ||||||
25 | schools, police departments, the Illinois Department | ||||||
26 | of
State Police, courts and other public and private |
| |||||||
| |||||||
1 | agencies and individuals in
establishing prevention | ||||||
2 | programs statewide and preparing curriculum materials
| ||||||
3 | for use at all levels of education. An agreement shall | ||||||
4 | be entered into with the
State Superintendent of | ||||||
5 | Education to assist in the establishment of such
| ||||||
6 | programs.
| ||||||
7 | (H) Cooperate with and assist the Illinois | ||||||
8 | Department of Healthcare and Family Services in
the | ||||||
9 | development and provision of services offered to | ||||||
10 | recipients of public
assistance for the treatment and | ||||||
11 | prevention of alcoholism and other drug abuse
and | ||||||
12 | dependency.
| ||||||
13 | (I) Provide training recommendations to other | ||||||
14 | State agencies funding
alcohol or other drug abuse | ||||||
15 | prevention, intervention, treatment or
rehabilitation | ||||||
16 | services.
| ||||||
17 | (5) From monies appropriated to the Department from the | ||||||
18 | Drunk and Drugged
Driving Prevention Fund, make grants to | ||||||
19 | reimburse DUI evaluation and remedial
education programs | ||||||
20 | licensed by the Department for the costs of providing
| ||||||
21 | indigent persons with free or reduced-cost services | ||||||
22 | relating to a charge of
driving under the influence of | ||||||
23 | alcohol or other drugs.
| ||||||
24 | (6) Promulgate regulations to provide appropriate | ||||||
25 | standards for publicly
and privately funded programs as | ||||||
26 | well as for levels of payment to government
funded programs |
| |||||||
| |||||||
1 | which provide an array of services for prevention,
| ||||||
2 | intervention, treatment and rehabilitation for alcoholism | ||||||
3 | and other drug abuse
or dependency.
| ||||||
4 | (7) In consultation with local service providers and | ||||||
5 | the Illinois Alcoholism and Drug Dependence Association , | ||||||
6 | specify a uniform
statistical methodology for use by | ||||||
7 | agencies, organizations, individuals , and the
Department | ||||||
8 | for collection and dissemination of statistical | ||||||
9 | information
regarding services related to alcoholism and | ||||||
10 | other drug use and abuse. This
shall include prevention | ||||||
11 | services delivered, the number of persons treated,
| ||||||
12 | frequency of admission and readmission, and duration of | ||||||
13 | treatment.
| ||||||
14 | (8) Receive data and assistance from federal, State and | ||||||
15 | local governmental
agencies, and obtain copies of | ||||||
16 | identification and arrest data from all federal,
State and | ||||||
17 | local law enforcement agencies for use in carrying out the | ||||||
18 | purposes
and functions of the Department.
| ||||||
19 | (9) Designate and license providers to conduct | ||||||
20 | screening, assessment,
referral and tracking of clients | ||||||
21 | identified by the criminal justice system as
having | ||||||
22 | indications of alcoholism or other drug abuse or dependency | ||||||
23 | and being
eligible to make an election for treatment under | ||||||
24 | Section 40-5 of this Act, and
assist in the placement of | ||||||
25 | individuals who are under court order to participate
in | ||||||
26 | treatment.
|
| |||||||
| |||||||
1 | (10) Designate medical examination and other programs | ||||||
2 | for determining
alcoholism and other drug abuse and | ||||||
3 | dependency.
| ||||||
4 | (11) Encourage service providers who receive financial | ||||||
5 | assistance in any
form from the State to assess and collect | ||||||
6 | fees for services rendered.
| ||||||
7 | (12) Make grants with funds appropriated from the Drug | ||||||
8 | Treatment Fund in
accordance with Section 7 of the | ||||||
9 | Controlled Substance and Cannabis Nuisance
Act, or in | ||||||
10 | accordance with Section 80 of the Methamphetamine Control | ||||||
11 | and Community Protection Act, or in accordance with | ||||||
12 | subsections (h) and (i) of Section 411.2 of the
Illinois | ||||||
13 | Controlled Substances Act.
| ||||||
14 | (13) Encourage all health and disability insurance | ||||||
15 | programs to include
alcoholism and other drug abuse and | ||||||
16 | dependency as a covered illness.
| ||||||
17 | (14) Make such agreements, grants-in-aid and | ||||||
18 | purchase-care arrangements
with any other department, | ||||||
19 | authority or commission of this State, or any other
state | ||||||
20 | or the federal government or with any public or private | ||||||
21 | agency, including
the disbursement of funds and furnishing | ||||||
22 | of staff, to effectuate the purposes
of this Act.
| ||||||
23 | (15) Conduct a public information campaign to inform | ||||||
24 | the State's
Hispanic residents regarding the prevention | ||||||
25 | and treatment of alcoholism.
| ||||||
26 | (b) In addition to the powers, duties and functions vested |
| |||||||
| |||||||
1 | in it by this
Act, or by other laws of this State, the | ||||||
2 | Department may undertake, but shall
not be limited to, the | ||||||
3 | following activities:
| ||||||
4 | (1) Require all programs funded by the Department to | ||||||
5 | include an education
component to inform participants | ||||||
6 | regarding the causes and means of transmission
and methods | ||||||
7 | of reducing the risk of acquiring or transmitting HIV | ||||||
8 | infection,
and to include funding for such education | ||||||
9 | component in its support of the
program.
| ||||||
10 | (2) Review all State agency applications for federal | ||||||
11 | funds which include
provisions relating to the prevention, | ||||||
12 | early intervention and treatment of
alcoholism and other | ||||||
13 | drug abuse and dependency in order to ensure consistency
| ||||||
14 | with the comprehensive statewide plan developed pursuant | ||||||
15 | to this Act.
| ||||||
16 | (3) In conjunction with any public or private agency, | ||||||
17 | prepare Prepare , publish, evaluate, disseminate , and serve | ||||||
18 | as a central
repository for educational materials dealing | ||||||
19 | with the nature and effects of
alcoholism and other drug | ||||||
20 | abuse and dependency. Such materials may deal with
the | ||||||
21 | educational needs of the citizens of Illinois, and may | ||||||
22 | include at least
pamphlets which describe the causes and | ||||||
23 | effects of Fetal Alcohol Spectrum Disorders (FASD) fetal | ||||||
24 | alcohol syndrome ,
which the Department may distribute free | ||||||
25 | of charge to each county clerk in
sufficient quantities | ||||||
26 | that the county clerk may provide a pamphlet to the
|
| |||||||
| |||||||
1 | recipients of all marriage licenses issued in the county.
| ||||||
2 | (4) Develop and coordinate, with regional and local | ||||||
3 | agencies, education
and training programs for persons | ||||||
4 | engaged in providing the array of services
for persons | ||||||
5 | having alcoholism or other drug abuse and dependency | ||||||
6 | problems,
which programs may include specific HIV | ||||||
7 | education and training for program
personnel.
| ||||||
8 | (5) Cooperate with and assist in the development of | ||||||
9 | education, prevention
and treatment programs for employees | ||||||
10 | of State and local governments and
businesses in the State.
| ||||||
11 | (6) Utilize the support and assistance of interested | ||||||
12 | persons in the
community, including recovering addicts and | ||||||
13 | alcoholics, to assist individuals
and communities in | ||||||
14 | understanding the dynamics of addiction, and to encourage
| ||||||
15 | individuals with alcohol or other drug abuse or dependency | ||||||
16 | problems to
voluntarily undergo treatment.
| ||||||
17 | (7) Promote, conduct, assist or sponsor basic | ||||||
18 | clinical, epidemiological
and statistical research into | ||||||
19 | alcoholism and other drug abuse and dependency,
and | ||||||
20 | research into the prevention of those problems either | ||||||
21 | solely or in
conjunction with any public or private agency.
| ||||||
22 | (8) Cooperate with public and private agencies, | ||||||
23 | organizations and
individuals in the development of | ||||||
24 | programs, and to provide technical assistance
and | ||||||
25 | consultation services for this purpose.
| ||||||
26 | (9) Publish or provide for the publishing of a manual |
| |||||||
| |||||||
1 | to assist medical
and social service providers in | ||||||
2 | identifying alcoholism and other drug abuse and
dependency | ||||||
3 | and coordinating the multidisciplinary delivery of | ||||||
4 | services to
addicted pregnant women, addicted mothers and | ||||||
5 | their children. The manual may
be used only to provide | ||||||
6 | information and may not be used by the Department to
| ||||||
7 | establish practice standards. The Department may not | ||||||
8 | require recipients to use
specific providers nor may they | ||||||
9 | require providers to refer recipients to
specific | ||||||
10 | providers. The manual may include, but need not be limited | ||||||
11 | to, the
following:
| ||||||
12 | (A) Information concerning risk assessments of | ||||||
13 | women seeking prenatal,
natal, and postnatal medical | ||||||
14 | care.
| ||||||
15 | (B) Information concerning risk assessments of | ||||||
16 | infants who may be
substance-affected.
| ||||||
17 | (C) Protocols that have been adopted by the | ||||||
18 | Illinois Department of
Children and Family Services | ||||||
19 | for the reporting and investigation of allegations
of | ||||||
20 | child abuse or neglect under the Abused and Neglected | ||||||
21 | Child Reporting Act.
| ||||||
22 | (D) Summary of procedures utilized in juvenile | ||||||
23 | court in cases of
children alleged or found to be | ||||||
24 | abused or neglected as a result of being born
to | ||||||
25 | addicted women.
| ||||||
26 | (E) Information concerning referral of addicted |
| |||||||
| |||||||
1 | pregnant women,
addicted mothers and their children by | ||||||
2 | medical, social service, and substance
abuse treatment | ||||||
3 | providers, by the Departments of Children and Family | ||||||
4 | Services, Healthcare and Family Services Public Aid , | ||||||
5 | Public Health, and
Human Services.
| ||||||
6 | (F) Effects of substance abuse on infants and | ||||||
7 | guidelines on the
symptoms, care, and comfort of | ||||||
8 | drug-withdrawing infants.
| ||||||
9 | (G) Responsibilities of the Illinois Department of | ||||||
10 | Public Health to
maintain statistics on the number of | ||||||
11 | children in Illinois addicted at birth.
| ||||||
12 | (10) To the extent permitted by federal law or | ||||||
13 | regulation, establish and
maintain a clearinghouse and | ||||||
14 | central repository for the development and
maintenance of a | ||||||
15 | centralized data collection and dissemination system and a
| ||||||
16 | management information system for all alcoholism and other | ||||||
17 | drug abuse
prevention, early intervention and treatment | ||||||
18 | services.
| ||||||
19 | (11) Fund, promote or assist programs, services, | ||||||
20 | demonstrations or
research dealing with addictive or | ||||||
21 | habituating behaviors detrimental to the
health of | ||||||
22 | Illinois citizens.
| ||||||
23 | (12) With monies appropriated from the Group Home Loan | ||||||
24 | Revolving Fund,
make loans, directly or through | ||||||
25 | subcontract, to assist in underwriting the
costs of housing | ||||||
26 | in which individuals recovering from alcohol or other drug
|
| |||||||
| |||||||
1 | abuse or dependency may reside in groups of not less than 6 | ||||||
2 | persons, pursuant
to Section 50-40 of this Act.
| ||||||
3 | (13) Promulgate such regulations as may be necessary | ||||||
4 | for the
administration of grants or to otherwise carry out | ||||||
5 | the purposes and enforce the
provisions of this Act.
| ||||||
6 | (14) Fund programs to help parents be effective in | ||||||
7 | preventing
substance abuse by building an awareness of | ||||||
8 | drugs and alcohol and the family's
role in preventing abuse | ||||||
9 | through adjusting expectations, developing new skills,
and | ||||||
10 | setting positive family goals. The programs shall include, | ||||||
11 | but not be
limited to, the following subjects: healthy | ||||||
12 | family communication; establishing
rules and limits; how | ||||||
13 | to reduce family conflict; how to build self-esteem,
| ||||||
14 | competency, and responsibility in children; how to improve | ||||||
15 | motivation and
achievement; effective discipline; problem | ||||||
16 | solving techniques; and how to talk
about drugs and | ||||||
17 | alcohol. The programs shall be open to all parents.
| ||||||
18 | (Source: P.A. 94-556, eff. 9-11-05; 95-331, eff. 8-21-07.)
| ||||||
19 | (20 ILCS 301/5-20)
| ||||||
20 | Sec. 5-20. Disordered Compulsive gambling program.
| ||||||
21 | (a) Subject to appropriation, the Department shall | ||||||
22 | establish a program for
public education, research, and | ||||||
23 | training regarding disordered problem and compulsive
gambling | ||||||
24 | and the treatment and prevention of disordered problem and | ||||||
25 | compulsive gambling.
|
| |||||||
| |||||||
1 | (b) Disordered gambling shall have the meaning set forth in | ||||||
2 | the most current edition of the Diagnostic and Statistical | ||||||
3 | Manual (DSM), published by the American Psychiatric | ||||||
4 | Association. | ||||||
5 | Subject to specific appropriation for these stated | ||||||
6 | purposes, the program must
include all of the following:
| ||||||
7 | (1) Establishment and maintenance of a toll-free "800" | ||||||
8 | telephone number
to provide crisis counseling and referral | ||||||
9 | services to families experiencing
difficulty as a result of | ||||||
10 | problem or disordered compulsive gambling.
| ||||||
11 | (2) Promotion of public awareness regarding the | ||||||
12 | recognition and
prevention of problem and disordered | ||||||
13 | compulsive gambling.
| ||||||
14 | (3) Facilitation, through in-service training and | ||||||
15 | other means, of the
availability of effective assistance | ||||||
16 | programs for problem and disordered compulsive
gamblers.
| ||||||
17 | (4) Conducting studies to identify adults and | ||||||
18 | juveniles in this
State who are, or who are at risk of | ||||||
19 | becoming, problem or disordered compulsive gamblers.
| ||||||
20 | (b) Subject to appropriation, the Department shall either | ||||||
21 | establish and
maintain the program or contract with a private | ||||||
22 | or public entity for the
establishment and maintenance of the | ||||||
23 | program. Subject to appropriation, either
the Department or the | ||||||
24 | private or public entity shall implement the toll-free
| ||||||
25 | telephone number, promote public awareness, and conduct | ||||||
26 | in-service training
concerning problem and disordered |
| |||||||
| |||||||
1 | compulsive gambling.
| ||||||
2 | (c) Subject to appropriation, the Department shall produce | ||||||
3 | and supply the
signs specified in Section 10.7 of the Illinois | ||||||
4 | Lottery Law, Section 34.1 of
the Illinois Horse Racing Act of | ||||||
5 | 1975, Section 4.3 of the Bingo License and Tax
Act, Section 8.1 | ||||||
6 | of the Charitable Games Act, and Section 13.1 of the Riverboat
| ||||||
7 | Gambling Act.
| ||||||
8 | (d) The Department shall fund programs for the treatment of | ||||||
9 | disordered gambling. | ||||||
10 | (Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)
| ||||||
11 | (20 ILCS 301/10-10)
| ||||||
12 | Sec. 10-10. Powers and duties of the Council. The Council | ||||||
13 | shall:
| ||||||
14 | (a) Advise the Department on ways to encourage public | ||||||
15 | understanding and
support of the Department's programs.
| ||||||
16 | (b) Advise the Department on regulations and licensure | ||||||
17 | proposed by the
Department.
| ||||||
18 | (c) Advise the Department in the formulation, | ||||||
19 | preparation and
implementation of the comprehensive State | ||||||
20 | plan for prevention, intervention,
treatment and relapse | ||||||
21 | prevention of alcoholism and other drug abuse and
| ||||||
22 | dependency.
| ||||||
23 | (d) Advise the Department on implementation of | ||||||
24 | alcoholism and other drug
abuse and dependency education | ||||||
25 | and prevention programs throughout the State.
|
| |||||||
| |||||||
1 | (e) By January 1, 2011 1995 , and by January 1 of every | ||||||
2 | third year thereafter,
in
cooperation with the Committee on | ||||||
3 | Women's Alcohol and Substance Abuse
Treatment, submit to | ||||||
4 | the Governor and General Assembly a planning document ,
| ||||||
5 | specific to Illinois' female population . The document | ||||||
6 | shall contain, but need
not be limited to, interagency | ||||||
7 | information concerning the types of services
funded, the | ||||||
8 | client population served, the support services available | ||||||
9 | and
provided during the preceding 3 year period, and the | ||||||
10 | goals, objectives,
proposed methods of achievement, client | ||||||
11 | projections and cost estimate for the
upcoming 3 year | ||||||
12 | period. The document may include, if deemed necessary and
| ||||||
13 | appropriate, recommendations regarding the reorganization | ||||||
14 | of the Department to
enhance and increase prevention, | ||||||
15 | treatment , and recovery support services available to
| ||||||
16 | sufficiently meet 15% of the need as defined by annual | ||||||
17 | studies published by the U.S. Department of Health and | ||||||
18 | Human Services women .
| ||||||
19 | (f) Perform other duties as requested by the Secretary. | ||||||
20 | (g) Advise the Department in the planning, | ||||||
21 | development, and coordination of programs among all | ||||||
22 | agencies and departments of State government, including | ||||||
23 | programs to reduce alcoholism and drug addiction, prevent | ||||||
24 | the use of illegal drugs and abuse of legal drugs by | ||||||
25 | persons of all ages, and prevent the use of alcohol by | ||||||
26 | minors. |
| |||||||
| |||||||
1 | (h) Promote and encourage participation by the private | ||||||
2 | sector, including business, industry, labor, and the | ||||||
3 | media, in programs to prevent alcoholism and other drug | ||||||
4 | abuse and dependency. | ||||||
5 | (i) Encourage the implementation of programs to | ||||||
6 | prevent alcoholism and other drug abuse and dependency in | ||||||
7 | the public and private schools and educational | ||||||
8 | institutions, including establishment of alcoholism and | ||||||
9 | other drug abuse and dependency programs. | ||||||
10 | (j) Gather information, conduct hearings, and make | ||||||
11 | recommendations to the Secretary concerning additions, | ||||||
12 | deletions, or rescheduling of substances under the | ||||||
13 | Illinois Controlled Substances Act. | ||||||
14 | (k) Report annually to the General Assembly regarding | ||||||
15 | the activities and recommendations made by the Council.
| ||||||
16 | With the advice and consent of the Secretary, the presiding
| ||||||
17 | officer shall annually appoint a Special Committee on | ||||||
18 | Licensure, which shall advise the Secretary on particular cases | ||||||
19 | on
which the Department intends to take action that is adverse | ||||||
20 | to an
applicant or license holder, and shall review an annual | ||||||
21 | report submitted by the
Secretary summarizing all licensure | ||||||
22 | sanctions imposed by the
Department.
| ||||||
23 | (Source: P.A. 94-1033, eff. 7-1-07 .)
| ||||||
24 | (20 ILCS 301/10-15)
| ||||||
25 | Sec. 10-15. Qualification and appointment of members. The |
| |||||||
| |||||||
1 | membership of
the Illinois Advisory Council shall consist of:
| ||||||
2 | (a) A State's Attorney designated by the President of | ||||||
3 | the Illinois State's
Attorneys Association.
| ||||||
4 | (b) A judge designated by the Chief Justice of the | ||||||
5 | Illinois Supreme Court.
| ||||||
6 | (c) A Public Defender appointed by the President of the | ||||||
7 | Illinois Public
Defenders Association.
| ||||||
8 | (d) A local law enforcement officer appointed by the | ||||||
9 | Governor.
| ||||||
10 | (e) A labor representative appointed by the Governor.
| ||||||
11 | (f) An educator appointed by the Governor.
| ||||||
12 | (g) A physician licensed to practice medicine in all | ||||||
13 | its branches
appointed
by the Governor with due regard for | ||||||
14 | the appointee's knowledge of the field of
alcoholism and | ||||||
15 | other drug abuse and dependency.
| ||||||
16 | (h) 4 members of the Illinois House of Representatives, | ||||||
17 | 2 each appointed
by the Speaker and Minority Leader.
| ||||||
18 | (i) 4 members of the Illinois Senate, 2 each appointed | ||||||
19 | by the President
and Minority Leader.
| ||||||
20 | (j) The Chief Executive Officer President of the | ||||||
21 | Illinois Alcoholism and Drug Dependence
Association or his | ||||||
22 | or her designee .
| ||||||
23 | (k) An advocate for the needs of youth appointed by the | ||||||
24 | Governor.
| ||||||
25 | (l) The President of the Illinois State Medical Society | ||||||
26 | or his or her
designee.
|
| |||||||
| |||||||
1 | (m) The President of the Illinois Hospital Association | ||||||
2 | or his or her
designee.
| ||||||
3 | (n) The President of the Illinois Nurses Association or | ||||||
4 | a registered nurse
designated by the President.
| ||||||
5 | (o) The President of the Illinois Pharmacists | ||||||
6 | Association or a licensed
pharmacist designated by the | ||||||
7 | President.
| ||||||
8 | (p) The President of the Illinois Chapter of the | ||||||
9 | Association of Labor
Management Administrators and | ||||||
10 | Consultants on Alcoholism.
| ||||||
11 | (p-1) The President of the Community Behavioral | ||||||
12 | Healthcare Association
of Illinois or his or her designee.
| ||||||
13 | (q) The Attorney General or his or her designee.
| ||||||
14 | (r) The State Comptroller or his or her designee.
| ||||||
15 | (s) 20 public members, 8 appointed by the Governor, 3 | ||||||
16 | of whom shall be
representatives of alcoholism or other | ||||||
17 | drug abuse and dependency treatment
programs and one of | ||||||
18 | whom shall be a representative of a manufacturer or
| ||||||
19 | importing distributor of alcoholic liquor licensed by the | ||||||
20 | State of Illinois,
and 3 public members appointed by each | ||||||
21 | of the President and Minority Leader of
the Senate and the | ||||||
22 | Speaker and Minority Leader of the House. | ||||||
23 | (t) The Director, Secretary, or other chief | ||||||
24 | administrative officer, ex officio, or his or her designee, | ||||||
25 | of each of the following: the Department on Aging, the | ||||||
26 | Department of Children and Family Services, the Department |
| |||||||
| |||||||
1 | of Corrections, the Department of Juvenile Justice, the | ||||||
2 | Department of Healthcare and Family Services, the | ||||||
3 | Department of Revenue, the Department of Public Health, the | ||||||
4 | Department of Financial and Professional Regulation, the | ||||||
5 | Department of State Police, the Administrative Office of | ||||||
6 | the Illinois Courts, the Criminal Justice Information | ||||||
7 | Authority, and the Department of Transportation. | ||||||
8 | (u) Each of the following, ex officio, or his or her | ||||||
9 | designee: the Secretary of State, the State Superintendent | ||||||
10 | of Education, and the Chairman of the Board of Higher | ||||||
11 | Education.
| ||||||
12 | The public members may not be officers or employees of the | ||||||
13 | executive branch
of State government; however, the public | ||||||
14 | members may be officers or employees
of a State college or | ||||||
15 | university or of any law enforcement agency. In
appointing | ||||||
16 | members, due consideration shall be given to the experience of
| ||||||
17 | appointees in the fields of medicine, law, prevention, | ||||||
18 | correctional activities,
and social welfare. Vacancies in the | ||||||
19 | public membership shall be filled for the
unexpired term by | ||||||
20 | appointment in like manner as for original appointments, and
| ||||||
21 | the appointive members shall serve until their successors are | ||||||
22 | appointed and
have qualified. Vacancies among the public | ||||||
23 | members appointed by the
legislative leaders shall be filled by | ||||||
24 | the leader of the same house and of the
same political party as | ||||||
25 | the leader who originally appointed the member.
| ||||||
26 | Each non-appointive member may designate a representative |
| |||||||
| |||||||
1 | to serve in his
place by written notice to the Department. All | ||||||
2 | General Assembly members shall
serve until their respective | ||||||
3 | successors are appointed or until termination of
their | ||||||
4 | legislative service, whichever occurs first. The terms of | ||||||
5 | office for
each of the members appointed by the Governor shall | ||||||
6 | be for 3 years, except that
of the members first appointed, 3 | ||||||
7 | shall be appointed for a term of one year,
and 4 shall be | ||||||
8 | appointed for a term of 2 years. The terms of office of each of
| ||||||
9 | the public members appointed by the legislative leaders shall | ||||||
10 | be for 2 years.
| ||||||
11 | (Source: P.A. 94-1033, eff. 7-1-07 .)
| ||||||
12 | (20 ILCS 301/10-25)
| ||||||
13 | Sec. 10-25. Powers and duties of the Committee. The | ||||||
14 | Committee shall
have the following powers and duties:
| ||||||
15 | (a) To advise the Council and the Secretary in the
| ||||||
16 | development of
intervention,
prevention and treatment | ||||||
17 | objectives and standards, educational and outreach
| ||||||
18 | programs, and support services specific to the needs of | ||||||
19 | women.
| ||||||
20 | (b) To advise the Council and the Secretary in the
| ||||||
21 | formulation,
preparation and implementation of a State | ||||||
22 | plan for intervention, prevention and
treatment of
| ||||||
23 | alcoholism and other drug abuse and dependency targeted to | ||||||
24 | women.
| ||||||
25 | (c) To advise the Council and the Secretary regarding
|
| |||||||
| |||||||
1 | strategies to
enhance service delivery to women.
| ||||||
2 | (d) To advise the Council and the Secretary in the
| ||||||
3 | development and
implementation of a State plan, in | ||||||
4 | conjunction with the Department of Children
and Family | ||||||
5 | Services, to provide child care services, at no or low | ||||||
6 | cost, to
addicted mothers with children who are receiving | ||||||
7 | substance abuse treatment
services.
| ||||||
8 | (e) By January December 1, 1994, and by January | ||||||
9 | December 1 of every third year thereafter,
to prepare and | ||||||
10 | submit to the Council for approval a planning document
| ||||||
11 | specific to
Illinois' female population. The document | ||||||
12 | shall contain, but need not be
limited to, interagency | ||||||
13 | information concerning the types of services funded,
the | ||||||
14 | client population served, the support services available | ||||||
15 | and provided
during the preceding 3 year period, and the | ||||||
16 | goals, objectives, proposed methods
of achievement, client | ||||||
17 | projections and cost estimate for the upcoming 3 year
| ||||||
18 | period. The document may include, if deemed necessary and | ||||||
19 | appropriate,
recommendations regarding the reorganization | ||||||
20 | of the Department to enhance and
increase prevention, | ||||||
21 | treatment and support services available to women.
| ||||||
22 | (f) perform other duties as requested by the Council or | ||||||
23 | the Secretary.
| ||||||
24 | (Source: P.A. 88-80; 89-507, eff. 7-1-97.)
| ||||||
25 | (20 ILCS 301/10-55)
|
| |||||||
| |||||||
1 | Sec. 10-55. Medical Advisory Committee. The Secretary
| ||||||
2 | shall appoint a
Medical Advisory Committee to the Department, | ||||||
3 | consisting of up to 15 physicians
licensed to practice medicine | ||||||
4 | in all of its branches in Illinois who shall
serve in an | ||||||
5 | advisory capacity to the Secretary. The
membership of the | ||||||
6 | Medical
Advisory Committee shall reasonably reflect | ||||||
7 | representation from the geographic
areas and the range of | ||||||
8 | alcoholism and other drug abuse and dependency service
| ||||||
9 | providers in the State. In making appointments, the Secretary
| ||||||
10 | shall give
consideration to recommendations made by the | ||||||
11 | Illinois State Medical Society , the Illinois Society of | ||||||
12 | Addiction Medicine, and
other appropriate professional | ||||||
13 | organizations. All appointments shall be made
with regard to | ||||||
14 | the interest and expertise of the individual with regard to
| ||||||
15 | alcoholism and other drug abuse and dependency services. At a | ||||||
16 | minimum, those
appointed to the Committee shall include | ||||||
17 | representatives of Board-certified
psychiatrists, | ||||||
18 | community-based and hospital-based alcoholism or other drug
| ||||||
19 | dependency treatment programs, and Illinois medical schools.
| ||||||
20 | Members shall serve 3-year terms and until their successors | ||||||
21 | are appointed
and qualified, except that of the initial | ||||||
22 | appointments, one-third of the
members shall be appointed for | ||||||
23 | one year, one-third shall be appointed for 2
years, and | ||||||
24 | one-third shall be appointed for 3 years and until their
| ||||||
25 | successors are appointed and qualified. Appointments to fill | ||||||
26 | vacancies
shall be made in the same manner as the original |
| |||||||
| |||||||
1 | appointments, for the
unexpired portion of the vacated term. | ||||||
2 | Initial terms shall begin on January 1,
1994. Members shall | ||||||
3 | elect a chairperson annually from among their membership.
| ||||||
4 | (Source: P.A. 88-80; 89-507, eff. 7-1-97.)
| ||||||
5 | (20 ILCS 301/15-10)
| ||||||
6 | Sec. 15-10. Licensure categories. No person or program may | ||||||
7 | provide the
services or conduct the activities described in | ||||||
8 | this Section without first
obtaining a license therefor from | ||||||
9 | the Department. The Department shall, by
rule, provide | ||||||
10 | licensure requirements , including, but not limited to, for each | ||||||
11 | of the following categories of
service :
| ||||||
12 | (a) Residential treatment for alcoholism and other | ||||||
13 | drug
dependency, sub-acute inpatient treatment, clinically | ||||||
14 | managed or medically monitored detoxification, and | ||||||
15 | residential extended care (formerly halfway house).
| ||||||
16 | (b) Outpatient treatment for alcoholism and other drug | ||||||
17 | abuse and
dependency.
| ||||||
18 | (c) The screening, assessment, referral , and or | ||||||
19 | tracking of clients identified
by the criminal justice | ||||||
20 | system as having indications of alcoholism or other
drug | ||||||
21 | abuse or dependency.
| ||||||
22 | (d) D.U.I. evaluation services for Illinois courts and | ||||||
23 | the Secretary of
State.
| ||||||
24 | (e) D.U.I. remedial education services for Illinois | ||||||
25 | courts or the
Secretary
of State. |
| |||||||
| |||||||
1 | (f) Recovery home services for persons in early | ||||||
2 | recovery from substance abuse or for persons who have | ||||||
3 | recently completed or who may still be receiving substance | ||||||
4 | abuse treatment services.
| ||||||
5 | With respect to substance use disorders, coverage for | ||||||
6 | inpatient treatment shall include coverage for treatment in a | ||||||
7 | residential treatment center licensed by the Department. | ||||||
8 | The Department may, under procedures established by rule | ||||||
9 | and upon a showing
of good cause for such, exempt off-site | ||||||
10 | services from having to obtain a
separate license for services | ||||||
11 | conducted away from the provider's primary
service location.
| ||||||
12 | (Source: P.A. 94-1033, eff. 7-1-07 .)
| ||||||
13 | (20 ILCS 301/20-5)
| ||||||
14 | Sec. 20-5. Development of statewide prevention system.
| ||||||
15 | (a) The Department shall develop and implement a | ||||||
16 | comprehensive, statewide,
community-based strategy to reduce | ||||||
17 | alcoholism and alcohol abuse , prevent the use of illegal drugs
| ||||||
18 | and the abuse of legal drugs by persons of all ages, and to | ||||||
19 | prevent the use of
alcohol by minors. The system created to | ||||||
20 | implement this strategy shall be
based on the premise that | ||||||
21 | coordination among and integration between all
community and | ||||||
22 | governmental systems will facilitate effective and efficient
| ||||||
23 | program implementation and utilization of existing resources.
| ||||||
24 | (b) The statewide system developed under this Section shall | ||||||
25 | be responsible
for:
|
| |||||||
| |||||||
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 which | ||||||
8 | have an interest
in alcohol and other drug use or abuse | ||||||
9 | prevention.
| ||||||
10 | (c) In developing , and implementing , and advocating for | ||||||
11 | this statewide strategy and system, the
Department may engage | ||||||
12 | in, but shall not be limited to, the following
activities:
| ||||||
13 | (1) establishing and conducting programs to provide | ||||||
14 | awareness and
knowledge of the nature and extent of alcohol | ||||||
15 | and other drug use, abuse and
dependency and their effects | ||||||
16 | on individuals, families and communities.
| ||||||
17 | (2) conducting or providing prevention skill building | ||||||
18 | or education through
the use of structured experiences.
| ||||||
19 | (3) developing , or supporting , and advocating with new | ||||||
20 | and existing local community coalitions or
| ||||||
21 | neighborhood-based grassroots networks using action | ||||||
22 | planning and collaborative
systems to initiate change | ||||||
23 | regarding alcohol and other drug use and abuse in
their | ||||||
24 | community.
| ||||||
25 | (4) encouraging , and supporting , and advocating for | ||||||
26 | programs and activities that emphasize
alcohol and other |
| |||||||
| |||||||
1 | drug-free lifestyles socialization .
| ||||||
2 | (5) drafting and implementing efficient plans for the | ||||||
3 | use of available
resources to address issues of alcohol and | ||||||
4 | other drug abuse prevention.
| ||||||
5 | (6) coordinating local programs of alcoholism , alcohol | ||||||
6 | abuse, and other drug abuse
education and prevention.
| ||||||
7 | (7) encouraging the development of local advisory | ||||||
8 | councils.
| ||||||
9 | (8) encouraging and supporting programs, practices, | ||||||
10 | policies, and activities that emphasize environmental | ||||||
11 | strategies impacting norms, availability, and regulations | ||||||
12 | around alcohol and other drug abuse. | ||||||
13 | (d) In providing leadership to this system, the Department | ||||||
14 | shall take into
account, wherever possible, the needs and | ||||||
15 | requirements of local communities.
The Department shall also | ||||||
16 | involve, wherever possible, local communities in its
statewide | ||||||
17 | planning efforts. These planning efforts shall include, but | ||||||
18 | shall
not be limited to, in cooperation with local community | ||||||
19 | representatives and
Department-funded agencies, the analysis | ||||||
20 | and application of results of local
needs assessments, as well | ||||||
21 | as a process for the integration of an evaluation
component | ||||||
22 | into the system. The results of this collaborative planning | ||||||
23 | effort
shall be taken into account by the Department in making | ||||||
24 | decisions regarding the
allocation of prevention resources.
| ||||||
25 | (e) Prevention programs funded in whole or in part by the | ||||||
26 | Department shall
maintain staff whose skills, training, |
| |||||||
| |||||||
1 | experiences and cultural awareness
demonstrably match the | ||||||
2 | needs of the people they are serving.
| ||||||
3 | (f) The Department may delegate the functions and | ||||||
4 | activities described in
subsection (c) of this Section to | ||||||
5 | local, community-based providers.
| ||||||
6 | (Source: P.A. 88-80.)
| ||||||
7 | (20 ILCS 301/25-5)
| ||||||
8 | Sec. 25-5. Establishment of comprehensive treatment | ||||||
9 | system. The
Department shall develop, annually fund , and | ||||||
10 | implement a comprehensive, statewide,
community-based system | ||||||
11 | for the provision of a full array of intervention,
treatment , | ||||||
12 | and recovery support aftercare for persons suffering from | ||||||
13 | alcohol and other drug abuse
and dependency sufficient to meet | ||||||
14 | at least 15% of the need as defined by annual studies published | ||||||
15 | by the U.S. Department of Health and Human Services. Commencing | ||||||
16 | in State fiscal year 2012, the State shall increase system | ||||||
17 | capacity by a minimum of 1% per year until the system is | ||||||
18 | capable of serving 15% of the need in any given State fiscal | ||||||
19 | year . The system created under this Section shall be based on | ||||||
20 | the
premise that coordination among and integration between all | ||||||
21 | community and
governmental systems will facilitate effective | ||||||
22 | and efficient program
implementation and utilization of | ||||||
23 | existing resources.
| ||||||
24 | (Source: P.A. 88-80.)
|
| |||||||
| |||||||
1 | (20 ILCS 301/25-10)
| ||||||
2 | Sec. 25-10. Promulgation of regulations. The Department | ||||||
3 | shall adopt
regulations for the licensure of treatment and | ||||||
4 | intervention services acceptance of persons for treatment , | ||||||
5 | taking into consideration
available resources and facilities, | ||||||
6 | for the purpose of early and effective
treatment of alcoholism | ||||||
7 | and other drug abuse and dependency.
| ||||||
8 | (Source: P.A. 88-80.)
| ||||||
9 | (20 ILCS 301/25-20)
| ||||||
10 | Sec. 25-20. Applicability of patients' rights. All persons | ||||||
11 | who are
receiving or who have received intervention, treatment , | ||||||
12 | or recovery support aftercare services
under this Act shall be | ||||||
13 | afforded those rights enumerated in Article 30.
| ||||||
14 | (Source: P.A. 88-80.)
| ||||||
15 | (20 ILCS 301/30-5)
| ||||||
16 | Sec. 30-5. Patients' rights established.
| ||||||
17 | (a) For purposes of this Section, "patient" means any | ||||||
18 | person who is
receiving or has received intervention, | ||||||
19 | treatment , or recovery support aftercare services under
this | ||||||
20 | Act.
| ||||||
21 | (b) No patient who is receiving or who has received | ||||||
22 | intervention, treatment ,
or recovery support aftercare | ||||||
23 | services under this Act shall be deprived of any rights, | ||||||
24 | benefits,
or privileges guaranteed by law, the Constitution of |
| |||||||
| |||||||
1 | the United States of
America, or the Constitution of the State | ||||||
2 | of Illinois solely because of his
status as a patient of a | ||||||
3 | program.
| ||||||
4 | (c) Persons who abuse or are dependent on alcohol or other | ||||||
5 | drugs who are
also suffering from medical conditions shall not | ||||||
6 | be discriminated against in
admission or treatment by any | ||||||
7 | hospital which receives support in any form from
any program | ||||||
8 | supported in whole or in part by funds appropriated to any | ||||||
9 | State
department or agency , or by any health plan or health | ||||||
10 | insurer required to comply with the federal parity requirements | ||||||
11 | or the State parity requirements set forth in the Illinois | ||||||
12 | Insurance Code .
| ||||||
13 | (d) Every patient shall have impartial access to services | ||||||
14 | without regard to
race, religion, sex, ethnicity, age , sexual | ||||||
15 | orientation, marital status, or handicap.
| ||||||
16 | (e) Patients shall be permitted the free exercise of | ||||||
17 | religion.
| ||||||
18 | (e-5) Nondiscrimination. | ||||||
19 | (1) Discrimination in health coverage. It shall be | ||||||
20 | unlawful for any health plan or health insurance program to | ||||||
21 | use records described in subsection (bb) of this Section to | ||||||
22 | deny or condition the issuance or effectiveness of a plan, | ||||||
23 | policy, or coverage (including the imposition of any | ||||||
24 | exclusion of benefits under the plan, policy, or coverage | ||||||
25 | based on a preexisting condition) or to discriminate in the | ||||||
26 | pricing of the plan, policy, or coverage (including |
| |||||||
| |||||||
1 | adjusting the premium rates) of an individual on the basis | ||||||
2 | of the contents of such records. | ||||||
3 | (2) Discrimination in the provision of health care | ||||||
4 | services. It shall be unlawful for any health care provider | ||||||
5 | to deny access to or discriminate in the provision of | ||||||
6 | medically necessary health care services to an individual | ||||||
7 | who is the subject of a record described in subsection (a) | ||||||
8 | of this Section on the basis of the contents of such | ||||||
9 | record. Nothing in this subsection is intended to require a | ||||||
10 | health care provider to deliver a service which is | ||||||
11 | clinically inappropriate or which the health care provider | ||||||
12 | does not ordinarily provide to the general public. Nor is | ||||||
13 | anything in this Section intended to prevent a substance | ||||||
14 | abuse recovery program, residential program, or other | ||||||
15 | program from conditioning access to and continuing | ||||||
16 | participation in the program on maintenance of sobriety or | ||||||
17 | non-possession of alcohol or drugs. | ||||||
18 | (f) Every patient's personal dignity shall be recognized in | ||||||
19 | the provision
of services, and a patient's personal privacy | ||||||
20 | shall be assured and protected
within the constraints of his | ||||||
21 | individual treatment plan.
| ||||||
22 | (g) Treatment services shall be provided in the least | ||||||
23 | restrictive
environment possible.
| ||||||
24 | (h) Each patient shall be provided an individual treatment | ||||||
25 | plan, which
shall be periodically reviewed and updated as | ||||||
26 | necessary.
|
| |||||||
| |||||||
1 | (i) Every patient shall be permitted to participate in the | ||||||
2 | planning of his
total care and medical treatment to the extent | ||||||
3 | that his condition permits.
| ||||||
4 | (j) A person shall not be denied treatment solely because | ||||||
5 | he has withdrawn
from treatment against medical advice on a | ||||||
6 | prior occasion or because he has
relapsed after earlier | ||||||
7 | treatment or, when in medical crisis, because of
inability to | ||||||
8 | pay.
| ||||||
9 | (k) The patient in treatment shall be permitted visits by | ||||||
10 | family and
significant others, unless such visits are | ||||||
11 | clinically contraindicated.
| ||||||
12 | (l) A patient in treatment shall be allowed to conduct | ||||||
13 | private telephone
conversations with family and friends unless | ||||||
14 | clinically contraindicated.
| ||||||
15 | (m) A patient shall be permitted to send and receive mail | ||||||
16 | without
hindrance, unless clinically contraindicated.
| ||||||
17 | (n) A patient shall be permitted to manage his own | ||||||
18 | financial affairs unless
he or his guardian, or if the patient | ||||||
19 | is a minor, his parent, authorizes
another competent person to | ||||||
20 | do so.
| ||||||
21 | (o) A patient shall be permitted to request the opinion of | ||||||
22 | a consultant at
his own expense, or to request an in-house | ||||||
23 | review of a treatment plan, as
provided in the specific | ||||||
24 | procedures of the provider. A treatment provider is
not liable | ||||||
25 | for the negligence of any consultant.
| ||||||
26 | (p) Unless otherwise prohibited by State or federal law, |
| |||||||
| |||||||
1 | every patient
shall be permitted to obtain from his own | ||||||
2 | physician, the treatment provider or
the treatment provider's | ||||||
3 | consulting physician complete and current information
| ||||||
4 | concerning the nature of care, procedures and treatment which | ||||||
5 | he will receive.
| ||||||
6 | (q) A patient shall be permitted to refuse to participate | ||||||
7 | in any
experimental research or medical procedure without | ||||||
8 | compromising his access to
other, non-experimental services. | ||||||
9 | Before a patient is placed in an
experimental research or | ||||||
10 | medical procedure, the provider must first obtain his
informed | ||||||
11 | written consent or otherwise comply with the federal | ||||||
12 | requirements
regarding the protection of human subjects | ||||||
13 | contained in 45 C.F.R.
Part 46.
| ||||||
14 | (r) All medical treatment and procedures shall be | ||||||
15 | administered as ordered
by a physician. In order to assure | ||||||
16 | compliance by the treatment program with
all physician orders, | ||||||
17 | all new physician orders shall be reviewed by the
treatment | ||||||
18 | program's staff within a reasonable period of time after such | ||||||
19 | orders
have been issued. "Medical treatment and procedures" | ||||||
20 | means those services that
can be ordered only by a physician | ||||||
21 | licensed to practice medicine in all of its
branches in | ||||||
22 | Illinois.
| ||||||
23 | (s) Every patient shall be permitted to refuse medical | ||||||
24 | treatment and to
know the consequences of such action. Such | ||||||
25 | refusal by a patient shall free the
treatment program from the | ||||||
26 | obligation to provide the treatment.
|
| |||||||
| |||||||
1 | (t) Unless otherwise prohibited by State or federal law, | ||||||
2 | every patient,
patient's guardian, or parent, if the patient is | ||||||
3 | a minor, shall be permitted to
inspect and copy all clinical | ||||||
4 | and other records kept by the treatment program
or by his | ||||||
5 | physician concerning his care and maintenance. The treatment | ||||||
6 | program
or physician may charge a reasonable fee for the | ||||||
7 | duplication of a record.
| ||||||
8 | (u) No owner, licensee, administrator, employee , or agent | ||||||
9 | of a treatment
program shall abuse or neglect a patient. If | ||||||
10 | staff is aware of abuse of a client, then it is their duty to | ||||||
11 | report abuse consistent with State statute. It is the duty of | ||||||
12 | any program
employee or agent who becomes aware of such abuse | ||||||
13 | or neglect to report it to
the Department immediately.
| ||||||
14 | (v) The administrator of a program may refuse access to the | ||||||
15 | program to any
person if the actions of that person while in | ||||||
16 | the program are or could be
injurious to the health and safety | ||||||
17 | of a patient or the program, or if the
person seeks access to | ||||||
18 | the program for commercial purposes.
| ||||||
19 | (v-5) All patients admitted to community-based treatment | ||||||
20 | facilities shall be considered voluntary treatment patients | ||||||
21 | and such patients will not be contained within a locked | ||||||
22 | setting. | ||||||
23 | (w) (Blank) A patient may be discharged from a program | ||||||
24 | after he gives the
administrator written notice of his desire | ||||||
25 | to be discharged or upon completion
of his prescribed course of | ||||||
26 | treatment. No patient shall be discharged or
transferred |
| |||||||
| |||||||
1 | without the preparation of a post-treatment aftercare plan by | ||||||
2 | the
program .
| ||||||
3 | (x) Patients and their families or legal guardians shall | ||||||
4 | have the right to
present complaints concerning the quality of | ||||||
5 | care provided to the patient,
without threat of discharge or | ||||||
6 | reprisal in any form or manner whatsoever. The
treatment | ||||||
7 | provider shall have in place a mechanism for receiving and | ||||||
8 | responding
to such complaints, and shall inform the patient and | ||||||
9 | his family or legal
guardian of this mechanism and how to use | ||||||
10 | it. The provider shall analyze any
complaint received and, when | ||||||
11 | indicated, take appropriate corrective action.
Every patient | ||||||
12 | and his family member or legal guardian who makes a complaint
| ||||||
13 | shall receive a timely response from the provider which | ||||||
14 | substantively addresses
the complaint. The provider shall | ||||||
15 | inform the patient and his family or legal
guardian about other | ||||||
16 | sources of assistance if the provider has not resolved the
| ||||||
17 | complaint to the satisfaction of the patient or his family or | ||||||
18 | legal guardian.
| ||||||
19 | (y) A resident may refuse to perform labor at a program | ||||||
20 | unless such labor
is a part of his individual treatment program | ||||||
21 | as documented in his clinical
record.
| ||||||
22 | (z) A person who is in need of treatment may apply for | ||||||
23 | voluntary admission
to a treatment program in the manner and | ||||||
24 | with the rights provided for under
regulations promulgated by | ||||||
25 | the Department. If a person is refused admission to
a licensed | ||||||
26 | treatment program, the staff of the program, subject to rules
|
| |||||||
| |||||||
1 | promulgated by the Department, shall refer the person to | ||||||
2 | another treatment or
other appropriate program.
| ||||||
3 | (aa) No patient shall be denied services based solely on | ||||||
4 | HIV status.
Further, records and information governed by the | ||||||
5 | AIDS Confidentiality Act and
the AIDS Confidentiality and | ||||||
6 | Testing Code (77 Ill. Adm. Code 697) shall be
maintained in | ||||||
7 | accordance therewith.
| ||||||
8 | (bb) Records of the identity, diagnosis, prognosis or | ||||||
9 | treatment of any
patient maintained in connection with the | ||||||
10 | performance of any program or
activity relating to alcohol or | ||||||
11 | other drug abuse or dependency education, early
intervention, | ||||||
12 | intervention, training, treatment or rehabilitation which is
| ||||||
13 | regulated, authorized, or directly or indirectly assisted by | ||||||
14 | any Department or
agency of this State or under any provision | ||||||
15 | of this Act shall be confidential
and may be disclosed only in | ||||||
16 | accordance with the provisions of federal law and
regulations | ||||||
17 | concerning the confidentiality of alcohol and drug abuse | ||||||
18 | patient
records as contained in 42 U.S.C. Section 290dd-2 | ||||||
19 | Sections 290dd-3 and 290ee-3 and 42 C.F.R.
Part 2.
| ||||||
20 | (1) The following are exempt from the confidentiality | ||||||
21 | protections set
forth in 42 C.F.R. Section 2.12(c):
| ||||||
22 | (A) Veteran's Administration records.
| ||||||
23 | (B) Information obtained by the Armed Forces.
| ||||||
24 | (C) Information given to qualified service | ||||||
25 | organizations.
| ||||||
26 | (D) Communications within a program or between a |
| |||||||
| |||||||
1 | program and an entity
having direct administrative | ||||||
2 | control over that program.
| ||||||
3 | (E) Information given to law enforcement personnel | ||||||
4 | investigating a
patient's commission of a crime on the | ||||||
5 | program premises or against program
personnel.
| ||||||
6 | (F) Reports under State law of incidents of | ||||||
7 | suspected child abuse and
neglect; however, | ||||||
8 | confidentiality restrictions continue to
apply to the | ||||||
9 | records and any follow-up information for disclosure | ||||||
10 | and use in
civil or criminal proceedings arising from | ||||||
11 | the report of suspected abuse or
neglect. | ||||||
12 | Notwithstanding the foregoing, the program's | ||||||
13 | cooperation with the Department of Children and Family | ||||||
14 | Services by allowing access to the patient involved in | ||||||
15 | the mandated report or to staff members for interviews, | ||||||
16 | shall be deemed part of the mandated reporting | ||||||
17 | responsibilities under State law and permissible for | ||||||
18 | disclosure under 42 C.F.R. Part 2.
| ||||||
19 | (2) If the information is not exempt, a disclosure can | ||||||
20 | be made only under
the following circumstances:
| ||||||
21 | (A) With patient consent as set forth in 42 C.F.R. | ||||||
22 | Sections 2.1(b)(1)
and 2.31, and as consistent with | ||||||
23 | pertinent State law.
| ||||||
24 | (B) For medical emergencies as set forth in 42 | ||||||
25 | C.F.R. Sections
2.1(b)(2) and 2.51.
| ||||||
26 | (C) For research activities as set forth in 42 |
| |||||||
| |||||||
1 | C.F.R. Sections
2.1(b)(2) and 2.52.
| ||||||
2 | (D) For audit evaluation activities as set forth in | ||||||
3 | 42 C.F.R. Section
2.53.
| ||||||
4 | (E) With a court order as set forth in 42 C.F.R. | ||||||
5 | Sections 2.61 through
2.67.
| ||||||
6 | (3) The restrictions on disclosure and use of patient | ||||||
7 | information apply
whether the holder of the information | ||||||
8 | already has it, has other means of
obtaining it, is a law | ||||||
9 | enforcement or other official, has obtained a subpoena,
or | ||||||
10 | asserts any other justification for a disclosure or use | ||||||
11 | which is not
permitted by 42 C.F.R. Part 2. Any court | ||||||
12 | orders authorizing disclosure of
patient records under | ||||||
13 | this Act must comply with the procedures and criteria set
| ||||||
14 | forth in 42 C.F.R. Sections 2.64 and 2.65. Except as | ||||||
15 | authorized by a court
order granted under this Section, no | ||||||
16 | record referred to in this Section may be
used to initiate | ||||||
17 | or substantiate any charges against a patient or to conduct
| ||||||
18 | any investigation of a patient.
| ||||||
19 | (4) The prohibitions of this subsection shall apply to | ||||||
20 | records concerning
any person who has been a patient, | ||||||
21 | regardless of whether or when he ceases to
be a patient.
| ||||||
22 | (5) Any person who discloses the content of any record | ||||||
23 | referred to in this
Section except as authorized shall, | ||||||
24 | upon conviction, be guilty of a Class A
misdemeanor.
| ||||||
25 | (6) The Department shall prescribe regulations to | ||||||
26 | carry out the purposes
of
this subsection. These |
| |||||||
| |||||||
1 | regulations may contain such definitions, and may
provide | ||||||
2 | for such safeguards and procedures, including procedures | ||||||
3 | and criteria
for the issuance and scope of court orders, as | ||||||
4 | in the judgment of the
Department are necessary or proper | ||||||
5 | to effectuate the purposes of this Section,
to prevent | ||||||
6 | circumvention or evasion thereof, or to facilitate | ||||||
7 | compliance
therewith.
| ||||||
8 | (cc) Each patient shall be given a written explanation of | ||||||
9 | all the rights
enumerated in this Section. If a patient is | ||||||
10 | unable to read such written
explanation, it shall be read to | ||||||
11 | the patient in a language that the patient
understands. A copy | ||||||
12 | of all the rights enumerated in this Section shall be
posted in | ||||||
13 | a conspicuous place within the program where it may readily be
| ||||||
14 | seen and read by program patients and visitors.
| ||||||
15 | (dd) The program shall ensure that its staff is familiar | ||||||
16 | with and observes
the rights and responsibilities enumerated in | ||||||
17 | this Section.
| ||||||
18 | (Source: P.A. 90-655, eff. 7-30-98.)
| ||||||
19 | (20 ILCS 301/35-5)
| ||||||
20 | Sec. 35-5. Services for pregnant women and mothers.
| ||||||
21 | (a) In order to promote a comprehensive, statewide and | ||||||
22 | multidisciplinary
approach to serving addicted pregnant women | ||||||
23 | and mothers, including those who
are minors, and their children | ||||||
24 | who are affected by alcoholism and other drug
abuse or | ||||||
25 | dependency, the Department shall have responsibility for an |
| |||||||
| |||||||
1 | ongoing
exchange of referral information, as set forth in | ||||||
2 | subsections (b) and (c) of
this Section, among the following:
| ||||||
3 | (1) those who provide medical and social services to | ||||||
4 | pregnant women,
mothers and their children, whether or not | ||||||
5 | there exists evidence of alcoholism
or other drug abuse or | ||||||
6 | dependency. These include providers in the Healthy
| ||||||
7 | Moms/Healthy Kids program, the Drug Free Families With a | ||||||
8 | Future program, the
Parents Too Soon program, and any other | ||||||
9 | State-funded medical or social service
programs which | ||||||
10 | provide services to pregnant women.
| ||||||
11 | (2) providers of treatment services to women affected | ||||||
12 | by alcoholism or
other drug abuse or dependency.
| ||||||
13 | (b) The Department may, in conjunction with the Departments | ||||||
14 | of Children and
Family Services, Public Health , and Healthcare | ||||||
15 | and Family Services Public Aid , develop and maintain an updated
| ||||||
16 | and comprehensive list of medical and social service providers | ||||||
17 | by geographic
region. The Department may periodically send this | ||||||
18 | comprehensive list of
medical and social service providers to | ||||||
19 | all providers of treatment for
alcoholism and other drug abuse | ||||||
20 | and dependency, identified under subsection (f)
of this | ||||||
21 | Section, so that appropriate referrals can be made. The | ||||||
22 | Department
shall obtain the specific consent of each provider | ||||||
23 | of services before
publishing, distributing, verbally making | ||||||
24 | information available for purposes of
referral, or otherwise | ||||||
25 | publicizing the availability of services from a
provider. The | ||||||
26 | Department may make information concerning availability of
|
| |||||||
| |||||||
1 | services available to recipients, but may not order require | ||||||
2 | recipients to specific
sources of care.
| ||||||
3 | (c) The Department may, on an ongoing basis, keep all | ||||||
4 | medical and social
service providers identified under | ||||||
5 | subsection (b) of this Section informed
about any relevant | ||||||
6 | changes in any laws relating to alcoholism and other drug
abuse | ||||||
7 | and dependency, about services that are available from any | ||||||
8 | State agencies
for addicted pregnant women and addicted mothers | ||||||
9 | and their children, and about
any other developments that the | ||||||
10 | Department finds to be informative.
| ||||||
11 | (d) All providers of treatment for alcoholism and other | ||||||
12 | drug abuse and
dependency may receive information from the | ||||||
13 | Department on the availability of
services under the Drug Free | ||||||
14 | Families with a Future or any comparable program
providing case | ||||||
15 | management services for alcoholic or addicted women, including
| ||||||
16 | information on appropriate referrals for other services that | ||||||
17 | may be needed in
addition to treatment.
| ||||||
18 | (e) The Department may implement the policies and programs | ||||||
19 | set forth in
this Section with the advice of the Committee on | ||||||
20 | Women's Alcohol and Substance
Abuse Treatment created under | ||||||
21 | Section 10-20 of this Act.
| ||||||
22 | (f) The Department shall develop and maintain an updated | ||||||
23 | and comprehensive
directory of service providers that provide | ||||||
24 | treatment services to pregnant
women, mothers, and their | ||||||
25 | children in this State. The Department shall
disseminate an | ||||||
26 | updated directory as often as is necessary to the list of
|
| |||||||
| |||||||
1 | medical and social service providers compiled under subsection | ||||||
2 | (b) of this
Section. The Department shall obtain the specific | ||||||
3 | consent of each provider of
services before publishing, | ||||||
4 | distributing, verbally making information available
for | ||||||
5 | purposes of referral or otherwise using or publicizing the | ||||||
6 | availability of
services from a provider. The Department may | ||||||
7 | make information concerning
availability of services available | ||||||
8 | to recipients, but may not require
recipients to use specific | ||||||
9 | sources of care.
| ||||||
10 | (g) As a condition of any State grant or contract, the | ||||||
11 | Department shall
require that any treatment program for | ||||||
12 | addicted women provide services, either
by its own staff or by | ||||||
13 | agreement with other agencies or individuals, which
include but | ||||||
14 | need not be limited to the following:
| ||||||
15 | (1) coordination with the Healthy Moms/Healthy Kids | ||||||
16 | program, the Drug Free
Families with a Future program, or | ||||||
17 | any comparable program providing case
management services | ||||||
18 | to assure ongoing monitoring and coordination of services
| ||||||
19 | after the addicted woman has returned home.
| ||||||
20 | (2) coordination with medical services for individual | ||||||
21 | medical care of
addicted pregnant women, including | ||||||
22 | prenatal care under the supervision of a
physician.
| ||||||
23 | (3) coordination with child care services under any | ||||||
24 | State plan developed
pursuant to subsection (e) of Section | ||||||
25 | 10-25 of this Act.
| ||||||
26 | (h) As a condition of any State grant or contract, the |
| |||||||
| |||||||
1 | Department shall
require that any nonresidential program | ||||||
2 | receiving any funding for treatment
services accept women who | ||||||
3 | are pregnant, provided that such services are
clinically | ||||||
4 | appropriate. Failure to comply with this subsection shall | ||||||
5 | result in
termination of the grant or contract and loss of | ||||||
6 | State funding.
| ||||||
7 | (i)(1) From funds appropriated expressly for the purposes | ||||||
8 | of this Section,
the Department shall create or contract with | ||||||
9 | licensed, certified agencies to
develop a program for the care | ||||||
10 | and treatment of addicted pregnant women,
addicted mothers and | ||||||
11 | their children. The program shall be in Cook County in an
area | ||||||
12 | of high density population having a disproportionate number of | ||||||
13 | addicted
women and a high infant mortality rate.
| ||||||
14 | (2) From funds appropriated expressly for the purposes of | ||||||
15 | this Section,
the
Department shall create or contract with | ||||||
16 | licensed, certified agencies to
develop a program for the care | ||||||
17 | and treatment of low income pregnant women. The
program shall | ||||||
18 | be located anywhere in the State outside of Cook County in an
| ||||||
19 | area of high density population having a disproportionate | ||||||
20 | number of low income
pregnant women.
| ||||||
21 | (3) In implementing the programs established under this | ||||||
22 | subsection, the
Department shall contract with existing | ||||||
23 | residencies or recovery homes in areas
having a | ||||||
24 | disproportionate number of women who abuse alcohol or other | ||||||
25 | drugs and
need residential treatment and counseling. Priority | ||||||
26 | shall be given to addicted
and abusing women who:
|
| |||||||
| |||||||
1 | (A) are pregnant,
| ||||||
2 | (B) have minor children,
| ||||||
3 | (C) are both pregnant and have minor children, or
| ||||||
4 | (D) are referred by medical personnel because they | ||||||
5 | either have given
birth
to a baby addicted to a controlled | ||||||
6 | substance, or will give birth to a baby
addicted to a | ||||||
7 | controlled substance.
| ||||||
8 | (4) The services provided by the programs shall include but | ||||||
9 | not be limited
to:
| ||||||
10 | (A) individual medical care, including prenatal care, | ||||||
11 | under the
supervision of a physician.
| ||||||
12 | (B) temporary, residential shelter for pregnant women, | ||||||
13 | mothers and
children when necessary.
| ||||||
14 | (C) a range of educational or counseling services.
| ||||||
15 | (D) comprehensive and coordinated social services, | ||||||
16 | including substance
abuse therapy groups for the treatment | ||||||
17 | of alcoholism and other drug abuse and
dependency; family | ||||||
18 | therapy groups; programs to develop positive | ||||||
19 | self-awareness;
parent-child therapy; and residential | ||||||
20 | support groups.
| ||||||
21 | (5) No services that require a license shall be provided | ||||||
22 | until and unless
the recovery home or other residence obtains | ||||||
23 | and maintains the requisite
license.
| ||||||
24 | (Source: P.A. 88-80.)
| ||||||
25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
|