Rep. La Shawn K. Ford
Filed: 2/15/2022
 
 


 




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1
AMENDMENT TO HOUSE BILL 4700




2 AMENDMENT NO. ______. Amend House Bill 4700 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Substance Use Disorder Act is amended by 
5changing Sections 1-5, 1-10, 5-5, 5-10, 5-20, 10-10, 10-15, 
610-20, 10-25, 10-30, 10-35, 10-40, 10-45, 10-50, 10-55, 10-60, 
715-10, 20-5, 25-5, 25-10, 30-5, 35-5, 35-10, 40-5, 40-10, 
840-15,40-20, 45-5, 45-10, 45-15, 45-20, 45-25, 45-30, 45-35, 
945-40, 45-45, 45-50, 45-55, 50-5, 50-10, 50-20, 50-25, 50-30, 
1050-40, 55-30, 55-35, and 55-40, as follows:



11 (20 ILCS 301/1-5)



12 Sec. 1-5. Legislative declaration. Substance use and 
13gambling disorders, as defined in this Act, constitute a 
14serious public health problem. The effects on
public safety 
15and the criminal justice system cause serious social and 
16economic
losses, as well as great human suffering. It is 
 
 
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1imperative that a
comprehensive and coordinated strategy be 
2developed under the leadership of a
State agency. This 
3strategy should be implemented through the facilities of 
4federal and local
government and community-based agencies 
5(which may be public or private,
volunteer or professional). 
6Through local
prevention, early intervention, treatment, and

7other recovery support services, this strategy should empower 
8those struggling with these substance use disorders (and, when 
9appropriate, the families of those persons) to lead healthy 
10lives. 

11 The human, social, and economic benefits of preventing 
12these substance use disorders are great, and it is imperative 
13that there be
interagency cooperation in the planning and 
14delivery of prevention, early intervention, treatment, and 
15other recovery support services in Illinois.

16 The provisions of this Act shall be liberally construed to 
17enable the
Department to carry out these objectives and 
18purposes.

19(Source: P.A. 100-759, eff. 1-1-19.)




20 (20 ILCS 301/1-10)



21 Sec. 1-10. Definitions. As used in this Act, unless the 
22context clearly
indicates otherwise, the following words and 
23terms have the following meanings:

24 "Case management" means a coordinated approach to the 
25delivery of health and medical treatment, substance use 
 
 
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1disorder treatment, gambling disorder treatment, mental health 
2treatment, and social services, linking patients with 
3appropriate services to address specific needs and achieve 
4stated goals. In general, case management assists patients 
5with other disorders and conditions that require multiple 
6services over extended periods of time and who face difficulty 
7in gaining access to those services. 
8 "Crime of violence" means any of the following crimes: 
9murder, voluntary
manslaughter, criminal sexual assault, 
10aggravated criminal sexual assault,
predatory criminal sexual 
11assault of a child,
armed robbery, robbery, arson, kidnapping, 
12aggravated battery, aggravated
arson, or any
other felony that 
13involves the use or threat of physical force or violence

14against another individual. 
15 "Department" means the Department of Human Services. 
16 "DUI" means driving under the influence of alcohol or 
17other drugs. 
18 "Designated program" means a category of service 
19authorized by an intervention license issued by the Department 
20for delivery of all services as described in Article 40 in this 
21Act. 
22 "Early intervention" means services, authorized by a 
23treatment license, that are sub-clinical and pre-diagnostic 
24and that are designed to screen, identify, and address risk 
25factors that may be related to problems associated with a 
26substance use or gambling disorder substance use disorders and 
 
 
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1to assist individuals in recognizing harmful consequences. 
2Early intervention services facilitate emotional and social 
3stability and involve involves referrals for treatment, as 
4needed. 
5 "Facility" means the building or premises are used for the 
6provision
of licensable services, including support services, 
7as set forth by
rule. 
8 "Gambling disorder" means persistent and recurring 
9maladaptive gambling behavior that disrupts personal, family, 
10or vocational pursuits. 
11 "Gambling" means the risking of money or other items of 
12value in games of chance, including video gaming, sports 
13betting, and other games of chance. 
14 "Gaming" means the action or practice of playing video 
15games. 
16 "Holds itself out" means any activity that would lead one 
17to reasonably conclude that the individual or entity provides 
18or intends to provide licensable substance-related disorder 
19intervention or treatment services. Such activities include, 
20but are not limited to, advertisements, notices, statements, 
21or contractual arrangements with managed care organizations, 
22private health insurance, or employee assistance programs to 
23provide services that require a license as specified in 
24Article 15. 
25 "Informed consent" means legally valid written consent, 
26given by a client, patient, or legal guardian, that authorizes 
 
 
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1intervention or treatment services from a licensed 
2organization and that documents agreement to participate in 
3those services and knowledge of the consequences of withdrawal 
4from such services. Informed consent also acknowledges the 
5client's or patient's right to a conflict-free choice of 
6services from any licensed organization and the potential 
7risks and benefits of selected services. 
8 "Intoxicated person" means a person whose mental or 
9physical functioning is
substantially impaired as a result of 
10the current effects of alcohol or other
drugs within the body. 
11 "Medication assisted treatment" means the prescription of 
12medications that are approved by the U.S. Food and Drug 
13Administration and the Center for Substance Abuse Treatment to 
14assist with treatment for a substance use disorder and to 
15support recovery for individuals receiving services in a 
16facility licensed by the Department. Medication assisted 
17treatment includes opioid treatment services as authorized by 
18a Department license. 
19 "Off-site services" means licensable services are

20conducted at a location separate from the licensed location of 
21the
provider, and services are operated by an entity licensed 
22under
this Act and approved in advance by the Department. 
23 "Person" means any individual, firm, group, association, 
24partnership,
corporation, trust, government or governmental 
25subdivision or agency. 
26 "Prevention" means an interactive process of individuals, 
 
 
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1families, schools,
religious organizations, communities and 
2regional, state and national
organizations whose goals are to 
3reduce the prevalence of substance use or gambling disorders, 
4prevent the use of illegal drugs and the
abuse of legal drugs 
5by persons of all ages, prevent the use of alcohol by
minors, 
6reduce the severity of harm in gambling by persons of all ages, 
7build the capacities of individuals and systems, and promote 
8healthy
environments, lifestyles, and behaviors. 
9 "Recovery" means a process of change through which 
10individuals improve their health and wellness, live a 
11self-directed life, and reach their full potential. 
12 "Recovery support" means services designed to support 
13individual recovery from a substance use or gambling disorder 
14that may be delivered pre-treatment, during treatment, or post 
15treatment. These services may be delivered in a wide variety 
16of settings for the purpose of supporting the individual in 
17meeting his or her recovery support goals. 
18 "Secretary" means the Secretary of the Department of Human 
19Services or his or her designee. 
20 "Substance use disorder" means a spectrum of persistent 
21and recurring problematic behavior that encompasses 10 
22separate classes of drugs: alcohol; caffeine; cannabis; 
23hallucinogens; inhalants; opioids; sedatives, hypnotics and 
24anxiolytics; stimulants; and tobacco; and other unknown 
25substances leading to clinically significant impairment or 
26distress. 
 
 
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1 "Treatment" means the broad range of emergency, 
2outpatient, and residential care (including assessment, 
3diagnosis, case management, treatment, and recovery support 
4planning) may be extended to individuals with substance use 
5disorders or to the families of those persons. 
6 "Withdrawal management" means services designed to manage 
7intoxication or withdrawal episodes (previously referred to as 
8detoxification), interrupt the momentum of habitual, 
9compulsive substance use and begin the initial engagement in 
10medically necessary substance use disorder treatment. 
11Withdrawal management allows patients to safely withdraw from 
12substances in a controlled medically-structured environment. 

13(Source: P.A. 100-759, eff. 1-1-19.)




14 (20 ILCS 301/5-5)



15 Sec. 5-5. Successor department; home rule. 

16 (a) The Department of Human Services, as successor to the 
17Department of
Alcoholism and Substance Abuse, shall
assume the 
18various rights, powers, duties, and functions provided for in

19this Act.

20 (b) It is declared to be the public policy of this State, 
21pursuant to
paragraphs (h) and (i) of Section 6 of Article VII 
22of the Illinois Constitution
of 1970, that the powers and 
23functions set forth in this Act and expressly
delegated to the 
24Department
are exclusive State powers and functions. Nothing 
25herein prohibits the
exercise of any power or the performance 
 
 
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1of any function, including the power
to regulate, for the 
2protection of the public health, safety, morals and
welfare, 
3by any unit of local government, other than the powers and 
4functions
set forth in this Act and expressly delegated to the 
5Department to be exclusive
State powers and functions.

6 (c) The Department shall, through accountable and 
7efficient leadership,
example and commitment to excellence, 
8strive to reduce the incidence of substance use or gambling 
9disorders by:

10  (1) Fostering public understanding of substance use 
11 disorders and how they affect individuals, families, and 
12 communities.

13  (2) Promoting healthy lifestyles.

14  (3) Promoting understanding and support for sound 
15 public policies.

16  (4) Ensuring quality prevention, early intervention, 
17 treatment, and other recovery support
services that are 
18 accessible and responsive to the diverse needs of

19 individuals, families, and communities.

20(Source: P.A. 100-759, eff. 1-1-19.)




21 (20 ILCS 301/5-10)


22 Sec. 5-10. Functions of the Department. 

23 (a) In addition to the powers, duties and functions vested 
24in the Department
by this Act, or by other laws of this State, 
25the Department shall carry out the
following activities:

 
 
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1  (1) Design, coordinate and fund comprehensive

2 community-based and culturally and gender-appropriate 
3 services
throughout the State. These services must include

4 prevention, early intervention, treatment, and other

5 recovery support services for substance use disorders that

6 are accessible and address addresses the needs of at-risk

7 individuals and their families.

8  (2) Act as the exclusive State agency to accept, 
9 receive and expend,
pursuant to appropriation, any public 
10 or private monies, grants or services,
including those 
11 received from the federal government or from other State

12 agencies, for the purpose of providing prevention, early

13 intervention, treatment, and other recovery support

14 services for substance use or gambling disorders.

15  (2.5) In partnership with the Department of Healthcare 
16 and Family Services, act as one of the principal State 
17 agencies for the sole purpose of calculating the 
18 maintenance of effort requirement under Section 1930 of 
19 Title XIX, Part B, Subpart II of the Public Health Service 
20 Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR 
21 96.134). 
22  (3) Coordinate a statewide strategy for the

23 prevention, early intervention,
treatment, and recovery 
24 support of substance use or gambling
disorders. This 
25 strategy shall include the development of a
comprehensive 
26 plan, submitted annually with the
application for federal 
 
 
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1 substance use disorder block grant
funding, for the 
2 provision of an array of such services. The plan shall be 
3 based on local community-based needs and upon
data 
4 including, but not limited to, that which defines the 
5 prevalence of and
costs associated with these substance 
6 use
disorders.
This comprehensive plan shall include 
7 identification of problems, needs,
priorities, services 
8 and other pertinent information, including the needs of

9 marginalized community members minorities and other 
10 specific priority populations in the State, and shall 
11 describe how
the identified problems and needs will be 
12 addressed. For purposes of this
paragraph, the term 
13 "marginalized community members minorities and other 
14 specific priority populations" may include,
but shall not 
15 be limited to, groups such as women, children, persons who 
16 use intravenous drugs intravenous drug
users, persons with 
17 AIDS or who are HIV infected, veterans, African-Americans, 
18 Latinxs/Hispanics, Asian-Americans, Puerto
Ricans, 
19 Hispanics, Asian Americans, the elderly, persons in the 
20 criminal
justice system, persons experiencing 
21 homelessness, persons who are clients of services provided 
22 by other State
agencies, persons with disabilities, and 
23 such other specific populations as the
Department may from 
24 time to time identify. In developing the plan, the

25 Department shall seek input from providers, parent groups, 
26 associations and
interested citizens.

 
 
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1  The plan
developed under this Section shall include an 
2 explanation of the rationale to
be used in ensuring that 
3 funding shall be based upon local community needs,

4 including, but not limited to, the incidence and 
5 prevalence of, and costs
associated with, these substance 
6 use
disorders, as
well as upon demonstrated program 
7 performance.

8  The plan developed under this Section shall
also 
9 contain a report detailing the activities of and progress 
10 made through services for the
care and treatment of these 
11 substance use disorders among
pregnant women and mothers 
12 and their children established
under subsection (j) of 
13 Section 35-5. 

14  As applicable, the plan developed under this Section

15 shall also include information about funding by other 
16 State
agencies for prevention, early intervention, 
17 treatment,
and other recovery support services. 

18  (4) Lead, foster and develop cooperation, coordination 
19 and agreements
among federal and State governmental 
20 agencies and local providers that provide
assistance, 
21 services, funding or other functions, peripheral or 
22 direct, in the
prevention, early intervention, treatment,

23 and recovery support for substance use or gambling 
24 disorders. This shall include, but shall not be limited 
25 to,
the following:

26   (A) Cooperate with and assist other State

 
 
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1 agencies, as applicable, in establishing and

2 conducting these substance use disorder services among 
3 the
populations they respectively serve.

4   (B) Cooperate with and assist the Illinois 
5 Department of Public Health
in the establishment, 
6 funding and support of programs and services for the

7 promotion of maternal and child health and the 
8 prevention and treatment of
infectious diseases, 
9 including but not limited to HIV infection, especially

10 with respect to those persons who are high risk due to

11 intravenous injection of illegal drugs, or who may 
12 have
been sexual partners of these individuals, or who 
13 may
have impaired immune systems as a result of a

14 substance use disorder.

15   (C) Supply to the Department of Public Health and 
16 prenatal care
providers a list of all providers who 
17 are
licensed to provide substance use disorder 
18 treatment
for pregnant women in this State.

19   (D) Assist in the placement of child abuse or 
20 neglect perpetrators
(identified by the Illinois 
21 Department of Children and Family Services (DCFS)) who

22 have been determined to be in need of substance use

23 disorder treatment
pursuant to Section 8.2 of the 
24 Abused and Neglected Child Reporting Act.

25   (E) Cooperate with and assist DCFS in carrying out 
26 its mandates to:

 
 
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1    (i) identify substance use and gambling 
2 disorders among its clients and
their families; 
3 and

4    (ii) develop services to deal with such 
5 disorders.

6  These services may include, but shall not be limited 
7 to,
programs to prevent or treat substance
use or 
8 gambling disorders with DCFS clients and their 
9 families,
identifying child care needs within such 
10 treatment, and assistance with other
issues as 
11 required.

12   (F) Cooperate with and assist the Illinois 
13 Criminal Justice Information
Authority with respect to 
14 statistical and other information concerning the 
15 incidence and prevalence of substance use or gambling

16 disorders.

17   (G) Cooperate with and assist the State 
18 Superintendent of Education,
boards of education, 
19 schools, police departments, the Illinois State 
20 Police, courts and other public and private agencies 
21 and individuals in
establishing substance use or 
22 gambling disorder prevention programs statewide and 
23 preparing curriculum materials
for use at all levels 
24 of education.

25   (H) Cooperate with and assist the Illinois 
26 Department of Healthcare and Family Services in
the 
 
 
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1 development and provision of services offered to 
2 recipients of public
assistance for the treatment and 
3 prevention of substance use or gambling disorders.

4   (I) (Blank).

5  (5) From monies appropriated to the Department from 
6 the Drunk and Drugged
Driving Prevention Fund, reimburse 
7 DUI evaluation and risk
education programs licensed by the 
8 Department for providing
indigent persons with free or 
9 reduced-cost evaluation and risk education services 
10 relating to a charge of
driving under the influence of 
11 alcohol or other drugs. 

12  (6) Promulgate regulations to identify and disseminate 
13 best practice guidelines that can be utilized by publicly

14 and privately funded programs as well as for levels of 
15 payment to government
funded programs that provide 
16 prevention,
early intervention, treatment, and other 
17 recovery support services for substance use or gambling 
18 disorders and those services referenced in Sections 15-10

19 and 40-5.

20  (7) In consultation with providers and
related trade 
21 associations, specify a uniform
methodology for use by 
22 funded providers and the
Department for billing
and 
23 collection and dissemination of statistical information

24 regarding services related to substance use or gambling

25 disorders.

26  (8) Receive data and assistance from federal, State 
 
 
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1 and local governmental
agencies, and obtain copies of 
2 identification and arrest data from all federal,
State and 
3 local law enforcement agencies for use in carrying out the 
4 purposes
and functions of the Department.

5  (9) Designate and license providers to conduct 
6 screening, assessment,
referral and tracking of clients 
7 identified by the criminal justice system as
having 
8 indications of substance use
disorders and being
eligible 
9 to make an election for treatment under Section 40-5 of 
10 this Act, and
assist in the placement of individuals who 
11 are under court order to participate
in treatment.

12  (10) Identify and disseminate evidence-based best 
13 practice guidelines as maintained in administrative rule 
14 that can be utilized to determine a substance use or 
15 gambling disorder diagnosis.

16  (11) (Blank).

17  (12) Make grants with funds appropriated from the Drug 
18 Treatment Fund in
accordance with Section 7 of the 
19 Controlled Substance and Cannabis Nuisance
Act, or in 
20 accordance with Section 80 of the Methamphetamine Control 
21 and Community Protection Act, or in accordance with 
22 subsections (h) and (i) of Section 411.2 of the
Illinois 
23 Controlled Substances Act, or in accordance with Section 
24 6z-107 of the State Finance Act. 

25  (13) Encourage all health and disability insurance 
26 programs to include
substance use and gambling disorder

 
 
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1 treatment as a covered services service and to use 
2 evidence-based best practice criteria as maintained in 
3 administrative rule and as required in Public Act 99-0480 
4 in determining the necessity for such services and 
5 continued stay.

6  (14) Award grants and enter into fixed-rate and 
7 fee-for-service arrangements
with any other department, 
8 authority or commission of this State, or any other
state 
9 or the federal government or with any public or private 
10 agency, including
the disbursement of funds and furnishing 
11 of staff, to effectuate the purposes
of this Act.

12  (15) Conduct a public information campaign to inform 
13 the State's
Hispanic residents regarding the prevention 
14 and treatment of substance use or gambling disorders.

15 (b) In addition to the powers, duties and functions vested 
16in it by this
Act, or by other laws of this State, the 
17Department may undertake, but shall
not be limited to, the 
18following activities:

19  (1) Require all organizations licensed or funded by 
20 the Department to include an education
component to inform 
21 participants regarding the causes and means of 
22 transmission
and methods of reducing the risk of acquiring 
23 or transmitting HIV infection and other infectious

24 diseases,
and to include funding for such education 
25 component in its support of the
program.

26  (2) Review all State agency applications for federal 
 
 
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1 funds that include
provisions relating to the prevention, 
2 early intervention and treatment of
substance use or 
3 gambling
disorders in order to ensure consistency.

4  (3) Prepare, publish, evaluate, disseminate and serve 
5 as a central
repository for educational materials dealing 
6 with the nature and effects of
substance use or gambling 
7 disorders. Such materials may deal with
the educational 
8 needs of the citizens of Illinois, and may include at 
9 least
pamphlets that describe the causes and effects of 
10 fetal alcohol
spectrum disorders.

11  (4) Develop and coordinate, with regional and local 
12 agencies, education
and training programs for persons 
13 engaged in providing services
for persons with
substance 
14 use or gambling disorders,
which programs may include 
15 specific HIV education and training for program
personnel.

16  (5) Cooperate with and assist in the development of 
17 education, prevention, early intervention,
and treatment 
18 programs for employees of State and local governments and

19 businesses in the State.

20  (6) Utilize the support and assistance of interested 
21 persons in the
community, including recovering persons, to 
22 assist individuals
and communities in understanding the 
23 dynamics of substance use or gambling
disorders, and to 
24 encourage
individuals with these substance use disorders 
25 to
voluntarily undergo treatment.

26  (7) Promote, conduct, assist or sponsor basic 
 
 
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1 clinical, epidemiological
and statistical research into 
2 substance use or gambling disorders
and research into the 
3 prevention of those problems either solely or in

4 conjunction with any public or private agency.

5  (8) Cooperate with public and private agencies, 
6 organizations, institutions of higher education, and

7 individuals in the development of programs, and to provide 
8 technical assistance
and consultation services for this 
9 purpose.

10  (9) (Blank).

11  (10) (Blank).

12  (11) Fund, promote, or assist entities dealing with

13 substance use or gambling disorders.

14  (12) With monies appropriated from the Group Home Loan 
15 Revolving Fund,
make loans, directly or through 
16 subcontract, to assist in underwriting the
costs of 
17 housing in which individuals recovering from substance use 
18 or gambling
disorders may reside, pursuant
to Section 
19 50-40 of this Act.

20  (13) Promulgate such regulations as may be necessary 
21 to carry out the purposes and enforce the
provisions of 
22 this Act.

23  (14) Provide funding to help parents be effective in 
24 preventing
substance use or gambling disorders by building 
25 an awareness of the family's
role in preventing these 
26 substance use disorders through adjusting expectations, 
 
 
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1 developing new skills,
and setting positive family goals. 
2 The programs shall include, but not be
limited to, the 
3 following subjects: healthy family communication; 
4 establishing
rules and limits; how to reduce family 
5 conflict; how to build self-esteem,
competency, and 
6 responsibility in children; how to improve motivation and

7 achievement; effective discipline; problem solving 
8 techniques; healthy gaming and play habits; appropriate 
9 financial planning and investment strategies; how to talk 
10 about gambling and related activities; and how to talk

11 about substance use or gambling drugs and alcohol. The 
12 programs shall be open to all parents.

13(Source: P.A. 101-10, eff. 6-5-19; 102-538, eff. 8-20-21.)




14 (20 ILCS 301/5-20)



15 Sec. 5-20. Gambling disorders. 

16 (a) Subject to appropriation, the Department shall 
17establish a program for
public education, research, and 
18training regarding
gambling disorders and the treatment and 
19prevention of gambling disorders.
Subject to specific 
20appropriation for these stated purposes, the program must

21include all of the following:

22  (1) Establishment and maintenance of a toll-free 
23 hotline and website "800" telephone number
to provide 
24 crisis counseling and referral services for to families 
25 that experience experiencing
difficulty related to a as a 
 
 
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1 result of gambling disorder disorders.

2  (2) Promotion of public awareness regarding the 
3 recognition and
prevention of gambling disorders. 
4 Promotion of public awareness to create a gambling 
5 informed State regarding the impact of gambling disorders 
6 on individuals, families, and communities and the stigma 
7 that surrounds gambling disorders. 

8  (3) Facilitation, through in-service training, 
9 certification promotion, and other innovative means, of 
10 the
availability of effective assistance programs for 
11 gambling disorders.

12  (4) Conducting studies to, and through other 
13 innovative means, identify adults and juveniles in this

14 State who have, or who are at risk of developing, gambling 
15 disorders.

16  (5) Utilize screening, crisis intervention, treatment, 
17 public awareness, prevention, in-service training, and 
18 other innovative means, to decrease the incidents of 
19 suicide attempts related to a gambling disorder or 
20 gambling issues. 
21 (b) Subject to appropriation, the Department shall either 
22establish and
maintain the program or contract with a private 
23or public entity for the
establishment and maintenance of the 
24program. Subject to appropriation, either
the Department or 
25the private or public entity shall implement the hotline and 
26website toll-free
telephone number, promote public awareness, 
 
 
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1conduct research, fund treatment and recovery services, and 
2conduct in-service training
concerning gambling disorders.

3 (c) The Department shall determine a statement regarding 
4obtaining assistance with a gambling disorder which each 
5licensed gambling establishment owner shall post and each 
6master sports wagering licensee shall include on the master 
7sports wagering licensee's portal, Internet website, or 
8computer or mobile application. Subject to appropriation, the 
9Department shall produce and supply the
signs with the 
10statement as specified in Section 10.7 of the Illinois Lottery 
11Law, Section 34.1 of
the Illinois Horse Racing Act of 1975, 
12Section 4.3 of the Bingo License and Tax
Act, Section 8.1 of 
13the Charitable Games Act, Section 25.95 of the Sports Wagering 
14Act, and Section 13.1 of the Illinois
Gambling Act, and the 
15Video Gaming Act.

16 (d) Programs; gambling disorder prevention. 
17  (1) The Department may establish a program to provide

18 for the production and publication, in electronic and 
19 other formats, of gambling prevention, recognition, 
20 treatment, and recovery literature and other public 
21 education methods. The Department may develop and 
22 disseminate curricula for use by professionals, 
23 organizations, individuals, or committees interested in 
24 the prevention of gambling disorders. 
25  (2) The Department may provide advice to State and

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

23 organizations, substance use disorder treatment 
24 centers, or other health care providers engaged in 
25 treating individuals who are experiencing gambling 
26 disorder. 
 
 
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1   (C) Providing linkages for individuals to obtain

2 evidence-based gambling disorder treatment. 
3   (D) Engaging individuals exiting jails or prisons

4 who are at a high risk of developing a gambling 
5 disorder. 
6   (E) Providing education and training to

7 community-based organizations who work directly with 
8 individuals who are experiencing gambling disorders 
9 and those individuals' families and communities. 
10   (F) Providing education and training on gambling 
11 disorder prevention and response to the judicial 
12 system. 
13   (G) Informing communities of the impact gambling 
14 disorder has on suicidal ideation and suicide attempts 
15 and the role health care professionals can have in 
16 identifying appropriate treatment. 
17   (H) Producing and distributing targeted mass
media 
18 materials on gambling disorder prevention and 
19 response, and the potential dangers of gambling 
20 related stigma. 
21 (e) Grants. 
22  (1) The Department may award grants, in accordance

23 with this subsection, to create or support local gambling 
24 prevention, recognition, and response projects. Local 
25 health departments, correctional institutions, hospitals, 
26 universities, community-based organizations, and 
 
 
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1 faith-based organizations may apply to the Department for 
2 a grant under this subsection at the time and in the manner 
3 the Department prescribes. 
4  (2) In awarding grants, the Department shall consider

5 the necessity for gambling disorder prevention projects in 
6 various settings and shall encourage all grant applicants 
7 to develop interventions that will be effective and viable 
8 in their local areas. 
9  (3) In addition to moneys appropriated by the General

10 Assembly, the Department may seek grants from private 
11 foundations, the federal government, and other sources to 
12 fund the grants under this Section and to fund an 
13 evaluation of the programs supported by the grants. 
14  (4) The Department may award grants to create or 
15 support local gambling treatment programs. Such programs 
16 may include prevention, early intervention, residential 
17 and outpatient treatment, and recovery support services 
18 for gambling disorders. Local health departments, 
19 hospitals, universities, community-based organizations, 
20 and faith-based organizations may apply to the Department 
21 for a grant under this subsection at the time and in the 
22 manner the Department prescribes. 
23(Source: P.A. 100-759, eff. 1-1-19; 101-31, eff. 6-28-19.)




24 (20 ILCS 301/10-10)


25 Sec. 10-10. Powers and duties of the Council. The Council 
 
 
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1shall:

2  (a) Advise the Department on ways to encourage public 
3 understanding and
support of the Department's programs.

4  (b) Advise the Department on regulations and licensure 
5 proposed by the
Department.

6  (c) Advise the Department in the formulation, 
7 preparation, and
implementation of the annual plan 
8 submitted with the federal Substance Use Disorder Block 
9 Grant application for prevention, early intervention, 
10 treatment, and other recovery support services for 
11 substance use disorders.

12  (d) Advise the Department on implementation of 
13 substance use and gambling disorder education and 
14 prevention programs throughout the State.

15  (e) Assist with incorporating into the annual plan 
16 submitted with the federal Substance Use Disorder Block 
17 Grant application, planning information specific to 
18 Illinois' female population. The information shall 
19 contain, but need
not be limited to, the types of services

20 funded, the population served, the support services 
21 available, and the goals, objectives,
proposed methods of 
22 achievement, service projections and cost estimate for the

23 upcoming year.

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


21(Source: P.A. 100-759, eff. 1-1-19.)




22 (20 ILCS 301/10-15)


23 Sec. 10-15. Qualification and appointment of members. The 
24membership of
the Illinois Advisory Council may, as needed, 
25consist of:

 
 
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1  (a) A State's Attorney designated by the President of 
2 the Illinois State's
Attorneys Association.

3  (b) A judge designated by the Chief Justice of the 
4 Illinois Supreme Court.

5  (c) A Public Defender appointed by the President of 
6 the Illinois Public Defender
Association.

7  (d) A local law enforcement officer appointed by the 
8 Governor.

9  (e) A labor representative appointed by the Governor.

10  (f) An educator appointed by the Governor.

11  (g) A physician licensed to practice medicine in all 
12 its branches
appointed
by the Governor with due regard for 
13 the appointee's knowledge of the field of
substance use 
14 disorders.

15  (h) 4 members of the Illinois House of 
16 Representatives, 2 each appointed
by the Speaker and 
17 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 of the Illinois 
21 Association for Behavioral Health or his or her designee.

22  (k) An advocate for the needs of youth appointed by 
23 the Governor.

24  (l) The President of the Illinois State Medical 
25 Society or his or her
designee.

26  (m) The President of the Illinois Hospital Association 
 
 
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1 or his or her
designee.

2  (n) The President of the Illinois Nurses Association 
3 or a registered nurse
designated by the President.

4  (o) The President of the Illinois Pharmacists 
5 Association or a licensed
pharmacist designated by the 
6 President.

7  (p) The President of the Illinois Chapter of the 
8 Association of Labor-Management Administrators and 
9 Consultants on Alcoholism.

10  (p-1) The Chief Executive Officer of the Community 
11 Behavioral Healthcare Association
of Illinois or his or 
12 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 substance use or 
17 gambling disorder treatment
programs and one of whom shall 
18 be a representative of a manufacturer or
importing 
19 distributor of alcoholic liquor licensed by the State of 
20 Illinois,
and 3 public members appointed by each of the 
21 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 
25 designee, of each of the following: the Department on 
26 Aging, the Department of Children and Family Services, the 
 
 
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1 Department of Corrections, the Department of Juvenile 
2 Justice, the Department of Healthcare and Family Services, 
3 the Department of Revenue, the Department of Public 
4 Health, the Department of Financial and Professional 
5 Regulation, the Illinois State Police, the Administrative 
6 Office of the Illinois Courts, the Criminal Justice 
7 Information Authority, and the Department of 
8 Transportation.
9  (u) Each of the following, ex officio, or his or her 
10 designee: the Secretary of State, the State Superintendent 
11 of Education, and the Chairman of the Board of Higher 
12 Education.


13 The public members may not be officers or employees of the 
14executive branch
of State government; however, the public 
15members may be officers or employees
of a State college or 
16university or of any law enforcement agency. In
appointing 
17members, due consideration shall be given to the experience of

18appointees in the fields of medicine, law, prevention, 
19correctional activities,
and social welfare. Vacancies in the 
20public membership shall be filled for the
unexpired term by 
21appointment in like manner as for original appointments, and

22the appointive members shall serve until their successors are 
23appointed and
have qualified. Vacancies among the public 
24members appointed by the
legislative leaders shall be filled 
25by the leader of the same house and of the
same political party 
26as the leader who originally appointed the member.

 
 
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1 Each non-appointive member may designate a representative 
2to serve in his
place by written notice to the Department. All 
3General Assembly members shall
serve until their respective 
4successors are appointed or until termination of
their 
5legislative service, whichever occurs first. The terms of 
6office for
each of the members appointed by the Governor shall 
7be for 3 years, except that
of the members first appointed, 3 
8shall be appointed for a term of one year,
and 4 shall be 
9appointed for a term of 2 years. The terms of office of each of

10the public members appointed by the legislative leaders shall 
11be for 2 years. 

12(Source: P.A. 102-538, eff. 8-20-21.)




13 (20 ILCS 301/15-10)


14 Sec. 15-10. Licensure categories and services. No person 
15or program may provide the
services or conduct the activities 
16described in this Section without first
obtaining a license 
17therefor from the Department, unless otherwise exempted under 
18this Act. The Department shall, by
rule, provide requirements 
19for each of the following types of licenses and categories of 
20service:
21  (a) Treatment: Categories of treatment service for a 
22 substance use or gambling disorder authorized by a 
23 treatment license are Early Intervention, Outpatient, 
24 Intensive Outpatient/Partial Hospitalization, Subacute 
25 Residential/Inpatient, and Withdrawal Management. 
 
 
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1 Medication assisted treatment that includes methadone used 
2 for an opioid use disorder can be licensed as an adjunct to 
3 any of the treatment levels of care specified in this 
4 Section. 
5  (b) Intervention: Categories of an intervention 
6 service authorized by an intervention license are DUI 
7 Evaluation, DUI Risk Education, Designated Program, Harm 
8 Reduction Program, and Recovery Homes for persons in any 
9 stage of recovery from a substance use or gambling 
10 disorder. Harm reduction programs may include overdose 
11 prevention sites and services. Overdose prevention sites 
12 and services are under the Harm Reduction category of 
13 intervention licensure which may be issued if and when 
14 legal authorization is adopted to allow for these services 
15 and upon adoption of administrative or funding rules that 
16 govern the delivery of the services. 

17 The Department may, under procedures established by rule 
18and upon a showing
of good cause for such, exempt off-site 
19services from having to obtain a
separate license for services 
20conducted away from the provider's licensed location.

21(Source: P.A. 100-759, eff. 1-1-19.)




22 (20 ILCS 301/20-5)



23 Sec. 20-5. Development of statewide prevention system. 

24 (a) The Department shall develop and implement a 
25comprehensive, statewide,
community-based strategy to reduce 
 
 
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1substance use and gambling disorders and prevent the misuse of 
2illegal and legal drugs by persons of all ages, and to prevent 
3the use of
alcohol by minors. The system created to implement 
4this strategy shall be
based on the premise that coordination 
5among and integration between all
community and governmental 
6systems will facilitate effective and efficient
program 
7implementation and utilization of existing resources.

8 (b) The statewide system developed under this Section may 
9be adopted by administrative rule or funded as a grant award 
10condition and shall be responsible
for:

11  (1) Providing programs and technical assistance to 
12 improve the ability of
Illinois communities and schools to 
13 develop, implement and evaluate prevention
programs.

14  (2) Initiating and fostering continuing cooperation 
15 among the Department,
Department-funded prevention 
16 programs, other community-based prevention
providers and 
17 other State, regional, or local systems or agencies that 
18 have an interest
in substance use disorder prevention.

19 (c) In developing, implementing, and advocating for this 
20statewide strategy and system, the
Department may engage in, 
21but shall not be limited to, the following
activities:

22  (1) Establishing and conducting programs to provide 
23 awareness and
knowledge of the nature and extent of 
24 substance use and gambling disorders and their effect on 
25 individuals, families, and communities.

26  (2) Conducting or providing prevention skill building 
 
 
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1 or education through
the use of structured experiences.

2  (3) Developing, supporting, and advocating with new 
3 and existing local community coalitions or

4 neighborhood-based grassroots networks using action 
5 planning and collaborative
systems to initiate change 
6 regarding substance use and gambling disorders in
their 
7 communities.

8  (4) Encouraging, supporting, and advocating for 
9 programs and activities that emphasize
alcohol-free and 
10 other drug-free lifestyles.

11  (5) Drafting and implementing efficient plans for the 
12 use of available
resources to address issues of substance 
13 use disorder prevention.

14  (6) Coordinating local programs of alcoholism and 
15 other drug abuse
education and prevention.

16  (7) Encouraging the development of local advisory 
17 councils.

18 (d) In providing leadership to this system, the Department 
19shall take into
account, wherever possible, the needs and 
20requirements of local communities.
The Department shall also 
21involve, wherever possible, local communities in its
statewide 
22planning efforts. These planning efforts shall include, but 
23shall
not be limited to, in cooperation with local community 
24representatives and
Department-funded agencies, the analysis 
25and application of results of local
needs assessments, as well 
26as a process for the integration of an evaluation
component 
 
 
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1into the system. The results of this collaborative planning 
2effort
shall be taken into account by the Department in making 
3decisions regarding the
allocation of prevention resources.

4 (e) Prevention programs funded in whole or in part by the 
5Department shall
maintain staff whose skills, training, 
6experiences and cultural awareness
demonstrably match the 
7needs of the people they are serving.

8 (f) The Department may delegate the functions and 
9activities described in
subsection (c) of this Section to 
10local, community-based providers.

11(Source: P.A. 100-759, eff. 1-1-19.)




12 (20 ILCS 301/25-5)



13 Sec. 25-5. Establishment of comprehensive treatment 
14system. The
Department shall develop, fund and implement a 
15comprehensive, statewide,
community-based system for the 
16provision of early intervention,
treatment, and recovery 
17support services for persons suffering from substance use or 
18gambling disorders. The system created under this Section 
19shall be based on the
premise that coordination among and 
20integration between all community and
governmental systems 
21will facilitate effective and efficient program
implementation 
22and utilization of existing resources.

23(Source: P.A. 100-759, eff. 1-1-19.)




24 (20 ILCS 301/25-10)



 
 
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1 Sec. 25-10. Promulgation of regulations. The Department 
2shall adopt
regulations for licensure, certification for 
3Medicaid reimbursement, and to identify evidence-based best 
4practice criteria that can be utilized for intervention and 
5treatment services, taking into consideration
available 
6resources and facilities, for the purpose of early and 
7effective
treatment of substance use and gambling disorders.

8(Source: P.A. 100-759, eff. 1-1-19.)




9 (20 ILCS 301/30-5)



10 Sec. 30-5. Patients' rights established. 

11 (a) For purposes of this Section, "patient" means any 
12person who is
receiving or has received early intervention, 
13treatment, or other recovery support services under
this Act 
14or any category of service licensed as "intervention" under 
15this Act.

16 (b) No patient shall be deprived of any rights, benefits,

17or privileges guaranteed by law, the Constitution of the 
18United States of
America, or the Constitution of the State of 
19Illinois solely because of his
or her status as a patient. 

20 (c) Persons who have substance use or gambling disorders 
21who are
also suffering from medical conditions shall not be 
22discriminated against in
admission or treatment by any 
23hospital that receives support in any form supported in whole 
24or in part by funds appropriated to any State
department or 
25agency. 

 
 
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1 (d) Every patient shall have impartial access to services 
2without regard to
race, religion, sex, ethnicity, age, sexual 
3orientation, gender identity, marital status, or other 
4disability. 

5 (e) Patients shall be permitted the free exercise of 
6religion. 

7 (f) Every patient's personal dignity shall be recognized 
8in the provision
of services, and a patient's personal privacy 
9shall be assured and protected
within the constraints of his 
10or her individual treatment. 

11 (g) Treatment services shall be provided in the least 
12restrictive
environment possible. 

13 (h) Each patient receiving treatment services shall be 
14provided an individual treatment plan, which
shall be 
15periodically reviewed and updated as mandated by 
16administrative rule. 

17 (i) Treatment shall be person-centered, meaning that every 
18patient shall be permitted to participate in the planning of 
19his
or her total care and medical treatment to the extent that 
20his or her condition permits. 

21 (j) A person shall not be denied treatment solely because 
22he or she has withdrawn
from treatment against medical advice 
23on a prior occasion or had prior treatment episodes.

24 (k) The patient in residential treatment shall be 
25permitted visits by family and
significant others, unless such 
26visits are clinically contraindicated. 

 
 
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1 (l) A patient in residential treatment shall be allowed to 
2conduct private telephone
conversations with family and 
3friends unless clinically contraindicated.

4 (m) A patient in residential treatment shall be permitted 
5to send and receive mail without
hindrance, unless clinically 
6contraindicated. 

7 (n) A patient shall be permitted to manage his or her own 
8financial affairs unless
the patient or the patient's 
9guardian, or if the patient is a minor, the patient's parent, 
10authorizes
another competent person to do so. 

11 (o) A patient shall be permitted to request the opinion of 
12a consultant at
his or her own expense, or to request an 
13in-house review of a treatment plan, as
provided in the 
14specific procedures of the provider. A treatment provider is

15not liable for the negligence of any consultant.

16 (p) Unless otherwise prohibited by State or federal law, 
17every patient
shall be permitted to obtain from his or her own 
18physician, the treatment provider, or
the treatment provider's 
19consulting physician complete and current information

20concerning the nature of care, procedures, and treatment that 
21he or she will receive. 

22 (q) A patient shall be permitted to refuse to participate 
23in any
experimental research or medical procedure without 
24compromising his or her access to
other, non-experimental 
25services. Before a patient is placed in an
experimental 
26research or medical procedure, the provider must first obtain 
 
 
10200HB4700ham001- 38 -LRB102 24222 KTG 35811 a


1his
or her informed written consent or otherwise comply with 
2the federal requirements
regarding the protection of human 
3subjects contained in 45 CFR C.F.R.
Part 46.

4 (r) All medical treatment and procedures shall be 
5administered as ordered
by a physician and in accordance with 
6all Department rules.

7 (s) Every patient in treatment shall be permitted to 
8refuse medical treatment and to
know the consequences of such 
9action. Such refusal by a patient shall free the
treatment 
10licensee from the obligation to provide the treatment. 

11 (t) Unless otherwise prohibited by State or federal law, 
12every patient,
patient's guardian, or parent, if the patient 
13is a minor, shall be permitted to
inspect and copy all clinical 
14and other records kept by the intervention or treatment 
15licensee
or by his or her physician concerning his or her care 
16and maintenance. The licensee
or physician may charge a 
17reasonable fee for the duplication of a record.

18 (u) No owner, licensee, administrator, employee, or agent 
19of a licensed intervention or treatment
program shall abuse or 
20neglect a patient. It is the duty of any individual who becomes 
21aware of such abuse or neglect to report it to
the Department 
22immediately.

23 (v) The licensee may refuse access to any
person if the 
24actions of that person are or could be
injurious to the health 
25and safety of a patient or the licensee, or if the
person seeks 
26access for commercial purposes.

 
 
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1 (w) All patients admitted to community-based treatment 
2facilities shall be considered voluntary treatment patients 
3and such patients shall not be contained within a locked 
4setting. 

5 (x) Patients and their families or legal guardians shall 
6have the right to
present complaints to the provider or the 
7Department concerning the quality of care provided to the 
8patient,
without threat of discharge or reprisal in any form 
9or manner whatsoever. The complaint process and procedure 
10shall be adopted by the Department by rule. The
treatment 
11provider shall have in place a mechanism for receiving and 
12responding
to such complaints, and shall inform the patient 
13and the patient's family or legal
guardian of this mechanism 
14and how to use it. The provider shall analyze any
complaint 
15received and, when indicated, take appropriate corrective 
16action.
Every patient and his or her family member or legal 
17guardian who makes a complaint
shall receive a timely response 
18from the provider that substantively addresses
the complaint. 
19The provider shall inform the patient and the patient's family 
20or legal
guardian about other sources of assistance if the 
21provider has not resolved the
complaint to the satisfaction of 
22the patient or the patient's family or legal guardian. 

23 (y) A patient may refuse to perform labor at a program 
24unless such labor
is a part of the patient's individual 
25treatment plan as documented in the patient's clinical
record.

26 (z) A person who is in need of services may apply for 
 
 
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1voluntary admission
in the manner and with the rights provided 
2for under
regulations promulgated by the Department. If a 
3person is refused admission, then staff, subject to rules

4promulgated by the Department, shall refer the person to 
5another facility or to other appropriate services. 

6 (aa) No patient shall be denied services based solely on 
7HIV status.
Further, records and information governed by the 
8AIDS Confidentiality Act and
the AIDS Confidentiality and 
9Testing Code (77 Ill. Adm. Code 697) shall be
maintained in 
10accordance therewith.

11 (bb) Records of the identity, diagnosis, prognosis or 
12treatment of any
patient maintained in connection with the 
13performance of any service or
activity relating to substance 
14use or gambling disorder education, early
intervention, 
15intervention, training, or treatment that is
regulated, 
16authorized, or directly or indirectly assisted by any 
17Department or
agency of this State or under any provision of 
18this Act shall be confidential
and may be disclosed only in 
19accordance with the provisions of federal law and
regulations 
20concerning the confidentiality of substance use disorder 
21patient
records as contained in 42 U.S.C. Sections 290dd-2 and 
2242 CFR C.F.R.
Part 2, or any successor federal statute or 
23regulation.

24  (1) The following are exempt from the confidentiality 
25 protections set
forth in 42 CFR C.F.R. Section 2.12(c):

26   (A) Veteran's Administration records.

 
 
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1   (B) Information obtained by the Armed Forces.

2   (C) Information given to qualified service 
3 organizations.

4   (D) Communications within a program or between a 
5 program and an entity
having direct administrative 
6 control over that program.

7   (E) Information given to law enforcement personnel 
8 investigating a
patient's commission of a crime on the 
9 program premises or against program
personnel.

10   (F) Reports under State law of incidents of 
11 suspected child abuse and
neglect; however, 
12 confidentiality restrictions continue to
apply to the 
13 records and any follow-up information for disclosure 
14 and use in
civil or criminal proceedings arising from 
15 the report of suspected abuse or
neglect.

16  (2) If the information is not exempt, a disclosure can 
17 be made only under
the following circumstances:

18   (A) With patient consent as set forth in 42 CFR 
19 C.F.R. Sections 2.1(b)(1)
and 2.31, and as consistent 
20 with pertinent State law.

21   (B) For medical emergencies as set forth in 42 CFR 
22 C.F.R. Sections
2.1(b)(2) and 2.51.

23   (C) For research activities as set forth in 42 CFR 
24 C.F.R. Sections
2.1(b)(2) and 2.52.

25   (D) For audit evaluation activities as set forth 
26 in 42 CFR C.F.R. Section
2.53.

 
 
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1   (E) With a court order as set forth in 42 CFR 
2 C.F.R. Sections 2.61 through
2.67.

3  (3) The restrictions on disclosure and use of patient 
4 information apply
whether the holder of the information 
5 already has it, has other means of
obtaining it, is a law 
6 enforcement or other official, has obtained a subpoena,
or 
7 asserts any other justification for a disclosure or use 
8 that is not
permitted by 42 CFR C.F.R. Part 2. Any court 
9 orders authorizing disclosure of
patient records under 
10 this Act must comply with the procedures and criteria set

11 forth in 42 CFR C.F.R. Sections 2.64 and 2.65. Except as 
12 authorized by a court
order granted under this Section, no 
13 record referred to in this Section may be
used to initiate 
14 or substantiate any charges against a patient or to 
15 conduct
any investigation of a patient.

16  (4) The prohibitions of this subsection shall apply to 
17 records concerning
any person who has been a patient, 
18 regardless of whether or when the person ceases to
be a 
19 patient.

20  (5) Any person who discloses the content of any record 
21 referred to in this
Section except as authorized shall, 
22 upon conviction, be guilty of a Class A
misdemeanor.

23  (6) The Department shall prescribe regulations to 
24 carry out the purposes
of
this subsection. These 
25 regulations may contain such definitions, and may
provide 
26 for such safeguards and procedures, including procedures 
 
 
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1 and criteria
for the issuance and scope of court orders, 
2 as in the judgment of the
Department are necessary or 
3 proper to effectuate the purposes of this Section,
to 
4 prevent circumvention or evasion thereof, or to facilitate 
5 compliance
therewith. 

6 (cc) Each patient shall be given a written explanation of 
7all the rights
enumerated in this Section and a copy, signed by 
8the patient, shall be kept in every patient record. If a 
9patient is unable to read such written
explanation, it shall 
10be read to the patient in a language that the patient

11understands. A copy of all the rights enumerated in this 
12Section shall be
posted in a conspicuous place within the 
13program where it may readily be
seen and read by program 
14patients and visitors. 

15 (dd) The program shall ensure that its staff is familiar 
16with and observes
the rights and responsibilities enumerated 
17in this Section.

18 (ee) Licensed organizations shall comply with the right of 
19any adolescent to consent to treatment without approval of the 
20parent or legal guardian in accordance with the Consent by 
21Minors to Health Care Services Medical Procedures Act. 
22 (ff) At the point of admission for services, licensed 
23organizations must obtain written informed consent, as defined 
24in Section 1-10 and in administrative rule, from each client, 
25patient, or legal guardian. 
26(Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19; 
 
 
10200HB4700ham001- 44 -LRB102 24222 KTG 35811 a


1revised 12-1-21.)




2 (20 ILCS 301/35-5)



3 Sec. 35-5. Services for pregnant women and mothers. 

4 (a) In order to promote a comprehensive, statewide and 
5multidisciplinary
approach to serving pregnant women and 
6mothers, including those who
are minors, and their children 
7who are affected by substance use or gambling disorders, the 
8Department shall have responsibility for an ongoing
exchange 
9of referral information among the following:

10  (1) those who provide medical and social services to 
11 pregnant women,
mothers and their children, whether or not 
12 there exists evidence of a substance use or gambling 
13 disorder. These include any other State-funded medical or 
14 social services to pregnant women.

15  (2) providers of treatment services to women affected 
16 by substance use or gambling disorders.

17 (b) (Blank).

18 (c) (Blank).

19 (d) (Blank). 

20 (e) (Blank).

21 (f) The Department shall develop and maintain an updated 
22and comprehensive
directory of licensed providers that deliver 
23treatment and intervention services. The Department shall post 
24on its website a licensed provider directory updated at least 
25quarterly.

 
 
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1 (g) As a condition of any State grant or contract, the 
2Department shall
require that any treatment program for women 
3with substance use or gambling disorders provide services, 
4either
by its own staff or by agreement with other agencies or 
5individuals, which
include but need not be limited to the 
6following:

7  (1) coordination with any program providing case

8 management services to ensure ongoing monitoring and 
9 coordination of services
after the addicted woman has 
10 returned home.

11  (2) coordination with medical services for individual 
12 medical care of
pregnant women, including prenatal care 
13 under the supervision of a
physician.

14  (3) coordination with child care services.

15 (h) As a condition of any State grant or contract, the 
16Department shall
require that any nonresidential program 
17receiving any funding for treatment
services accept women who 
18are pregnant, provided that such services are
clinically 
19appropriate. Failure to comply with this subsection shall 
20result in
termination of the grant or contract and loss of 
21State funding. 

22 (i)(1) From funds appropriated expressly for the purposes 
23of this Section,
the Department shall create or contract with 
24licensed, certified agencies to
develop a program for the care 
25and treatment of pregnant women,
mothers and their children. 
26The program shall be in Cook County in an
area of high density 
 
 
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1population having a disproportionate number of
women with 
2substance use and other disorders and a high infant mortality 
3rate.

4 (2) From funds appropriated expressly for the purposes of 
5this Section,
the
Department shall create or contract with 
6licensed, certified agencies to
develop a program for the care 
7and treatment of low income pregnant women. The
program shall 
8be located anywhere in the State outside of Cook County in an

9area of high density population having a disproportionate 
10number of low income
pregnant women.

11 (3) In implementing the programs established under this 
12subsection, the
Department shall contract with existing 
13residential treatment or recovery homes in areas
having a 
14disproportionate number of women with substance use and other 
15disorders who
need residential treatment. Priority shall be 
16given to women who:

17  (A) are pregnant, especially if they are intravenous 
18 drug users, 

19  (B) have minor children,

20  (C) are both pregnant and have minor children, or

21  (D) are referred by medical personnel because they 
22 either have given
birth
to a baby with a substance use 
23 disorder, or will give birth to a baby
with a substance use 
24 disorder.

25 (4) The services provided by the programs shall include 
26but not be limited
to:

 
 
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1  (A) individual medical care, including prenatal care, 
2 under the
supervision of a physician.

3  (B) temporary, residential shelter for pregnant women, 
4 mothers and
children when necessary.

5  (C) a range of educational or counseling services.

6  (D) comprehensive and coordinated social services, 
7 including therapy groups for the treatment of substance 
8 use disorders; family therapy groups; programs to develop 
9 positive self-awareness;
parent-child therapy; and 
10 residential support groups.

11 (5) (Blank).

12(Source: P.A. 100-759, eff. 1-1-19.)




13 (20 ILCS 301/35-10)



14 Sec. 35-10. Adolescent Family Life Program. 

15 (a) The General Assembly finds and declares the following:

16  (1) In Illinois, a substantial number of babies are 
17 born each year to
adolescent mothers between 12 and 19 
18 years of age.

19  (2) A substantial percentage of pregnant adolescents 
20 have substance use disorders or live in environments in 
21 which substance use disorders occur and thus are at risk 
22 of exposing
their infants to dangerous and harmful 
23 circumstances.

24  (3) It is difficult to provide substance use disorder 
25 counseling for adolescents
in settings designed to serve 
 
 
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1 adults.

2 (b) To address the findings set forth in subsection (a), 
3and subject to appropriation, the Department
may
establish and 
4fund treatment strategies to meet the developmental, social, 
5and educational
needs of high-risk pregnant adolescents and 
6shall do the
following:

7  (1) To the maximum extent feasible and appropriate, 
8 utilize existing
services and funding rather than create 
9 new, duplicative services.

10  (2) Include plans for coordination and collaboration 
11 with existing
perinatal substance use disorder services.

12  (3) Include goals and objectives for reducing the 
13 incidence of high-risk
pregnant adolescents.

14  (4) Be culturally and linguistically appropriate to 
15 the population
being served.

16  (5) Include staff development training by substance 
17 use and other disorder counselors.

18 As used in this Section, "high-risk pregnant adolescent" 
19means a person at
least 12
but not more than 18 years of age 
20with a substance use or other disorder who is pregnant.

21 (c) (Blank).

22(Source: P.A. 100-759, eff. 1-1-19.)




23 (20 ILCS 301/50-40)



24 Sec. 50-40. Group Home Loan Revolving Fund. 

25 (a) There is hereby established the Group Home Loan 
 
 
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1Revolving Fund, referred
to in this Section as the "fund", to 
2be held as a separate fund within the
State Treasury. Monies in 
3this fund shall be appropriated to the Department on
a 
4continuing annual basis. With these funds, the Department 
5shall, directly or
through subcontract, make loans to assist 
6in underwriting the costs of housing
in which there may reside 
7individuals who are recovering from
substance use or gambling 
8disorders, and who are seeking an alcohol-free, gambling-free, 
9or drug-free
environment in which to live. Consistent with 
10federal law and regulation, the
Department may establish 
11guidelines for approving the use and management of monies 
12loaned
from the fund, the operation of group homes receiving 
13loans under this Section
and the repayment of monies loaned.

14 (b) There shall be deposited into the fund such amounts 
15including, but not
limited to:

16  (1) All receipts, including principal and interest 
17 payments and royalties,
from any applicable loan agreement 
18 made from the fund.

19  (2) All proceeds of assets of whatever nature received 
20 by the Department
as a result of default or delinquency 
21 with respect to loan agreements made from
the fund, 
22 including proceeds from the sale, disposal, lease or 
23 rental of real
or personal property that the Department 
24 may receive as a result thereof.

25  (3) Any direct appropriations made by the General 
26 Assembly, or any gifts
or grants made by any person to the 
 
 
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1 fund.

2  (4) Any income received from interest on investments 
3 of monies in the
fund.

4 (c) The Treasurer may invest monies in the fund in 
5securities constituting
obligations of the United States 
6government, or in obligations the principal of
and interest on 
7which are guaranteed by the United States government, or in

8certificates of deposit of any State or national bank which 
9are fully secured
by obligations guaranteed as to principal 
10and interest by the United States
government.

11(Source: P.A. 100-759, eff. 1-1-19.)


12 (20 ILCS 301/55-30)
13 Sec. 55-30. Rate increase. 
14 (a) The Department shall by rule develop the increased 
15rate methodology and annualize the increased rate beginning 
16with State fiscal year 2018 contracts to licensed providers of 
17community-based substance use and gambling disorders disorder 
18intervention or treatment, based on the additional amounts 
19appropriated for the purpose of providing a rate increase to 
20licensed providers. The Department shall adopt rules, 
21including emergency rules under subsection (y) of Section 5-45 
22of the Illinois Administrative Procedure Act, to implement the 
23provisions of this Section.

24 (b) Within 30 days after June 4, 2018 (the effective date 
25of Public Act 100-587), the Division of Substance Use 
 
 
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1Prevention and Recovery shall apply an increase in rates of 3% 
2above the rate paid on June 30, 2017 to all Medicaid and 
3non-Medicaid reimbursable service rates. The Department shall 
4adopt rules, including emergency rules under subsection (bb) 
5of Section 5-45 of the Illinois Administrative Procedure Act, 
6to implement the provisions of this subsection (b). 
7(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; 
8100-759, eff. 1-1-19; 101-81, eff. 7-12-19.)

9 (20 ILCS 301/55-40)
10 Sec. 55-40. Recovery residences.
11 (a) As used in this Section, "recovery residence" means a 
12sober, safe, and healthy living environment that promotes 
13recovery from alcohol and other drug use and associated 
14problems. These residences are not subject to Department 
15licensure as they are viewed as independent living residences 
16that only provide peer support and a lengthened exposure to 
17the culture of recovery. 
18 (b) The Department shall develop and maintain an online 
19registry for recovery residences that operate in Illinois to 
20serve as a resource for individuals seeking continued recovery 
21assistance.
22 (c) Non-licensable recovery residences are encouraged to 
23register with the Department and the registry shall be 
24publicly available through online posting. 
25 (d) The registry shall indicate any accreditation, 
 
 
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1certification, or licensure that each recovery residence has 
2received from an entity that has developed uniform national 
3standards. The registry shall also indicate each recovery 
4residence's location in order to assist providers and 
5individuals in finding alcohol, gambling, and drug free 
6housing options with like-minded residents who are committed 
7to alcohol, gambling, and drug free living. 
8 (e) Registrants are encouraged to seek national 
9accreditation from any entity that has developed uniform State 
10or national standards for recovery residences. 
11 (f) The Department shall include a disclaimer on the 
12registry that states that the recovery residences are not 
13regulated by the Department and their listing is provided as a 
14resource but not as an endorsement by the State. 

15(Source: P.A. 100-1062, eff. 1-1-19; 101-81, eff. 7-12-19.)".