(20 ILCS 301/5-10)
Functions of the Department.
(a) In addition to the powers, duties and functions vested in the Department
by this Act, or by other laws of this State, the Department shall carry out the
(1) Design, coordinate and fund comprehensive
community-based and culturally and gender-appropriate services throughout the State. These services must include prevention, early intervention, treatment, and other recovery support services for substance use disorders that are accessible and addresses the needs of at-risk individuals and their families.
(2) Act as the exclusive State agency to accept,
receive and expend, pursuant to appropriation, any public or private monies, grants or services, including those received from the federal government or from other State agencies, for the purpose of providing prevention, early intervention, treatment, and other recovery support services for substance use disorders.
(2.5) In partnership with the Department of
Healthcare and Family Services, act as one of the principal State agencies for the sole purpose of calculating the maintenance of effort requirement under Section 1930 of Title XIX, Part B, Subpart II of the Public Health Service Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR 96.134).
(3) Coordinate a statewide strategy for the
prevention, early intervention, treatment, and recovery support of substance use disorders. This strategy shall include the development of a comprehensive plan, submitted annually with the application for federal substance use disorder block grant funding, for the provision of an array of such services. The plan shall be based on local community-based needs and upon data including, but not limited to, that which defines the prevalence of and costs associated with substance use disorders. This comprehensive plan shall include identification of problems, needs, priorities, services and other pertinent information, including the needs of minorities and other specific priority populations in the State, and shall describe how the identified problems and needs will be addressed. For purposes of this paragraph, the term "minorities and other specific priority populations" may include, but shall not be limited to, groups such as women, children, intravenous drug users, persons with AIDS or who are HIV infected, veterans, African-Americans, Puerto Ricans, Hispanics, Asian Americans, the elderly, persons in the criminal justice system, persons who are clients of services provided by other State agencies, persons with disabilities and such other specific populations as the Department may from time to time identify. In developing the plan, the Department shall seek input from providers, parent groups, associations and interested citizens.
The plan developed under this Section shall include
an explanation of the rationale to be used in ensuring that funding shall be based upon local community needs, including, but not limited to, the incidence and prevalence of, and costs associated with, substance use disorders, as well as upon demonstrated program performance.
The plan developed under this Section shall also
contain a report detailing the activities of and progress made through services for the care and treatment of substance use disorders among pregnant women and mothers and their children established under subsection (j) of Section 35-5.
As applicable, the plan developed under this Section
shall also include information about funding by other State agencies for prevention, early intervention, treatment, and other recovery support services.
(4) Lead, foster and develop cooperation,
coordination and agreements among federal and State governmental agencies and local providers that provide assistance, services, funding or other functions, peripheral or direct, in the prevention, early intervention, treatment, and recovery support for substance use disorders. This shall include, but shall not be limited to, the following:
(A) Cooperate with and assist other State
agencies, as applicable, in establishing and conducting substance use disorder services among the populations they respectively serve.
(B) Cooperate with and assist the Illinois
Department of Public Health in the establishment, funding and support of programs and services for the promotion of maternal and child health and the prevention and treatment of infectious diseases, including but not limited to HIV infection, especially with respect to those persons who are high risk due to intravenous injection of illegal drugs, or who may have been sexual partners of these individuals, or who may have impaired immune systems as a result of a substance use disorder.
(C) Supply to the Department of Public Health and
prenatal care providers a list of all providers who are licensed to provide substance use disorder treatment for pregnant women in this State.
(D) Assist in the placement of child abuse or
neglect perpetrators (identified by the Illinois Department of Children and Family Services (DCFS)) who have been determined to be in need of substance use disorder treatment pursuant to Section 8.2 of the Abused and Neglected Child Reporting Act.
(E) Cooperate with and assist DCFS in carrying
(i) identify substance use disorders among
its clients and their families; and
(ii) develop services to deal with such
These services may include, but shall not be limited
to, programs to prevent or treat substance use disorders with DCFS clients and their families, identifying child care needs within such treatment, and assistance with other issues as required.
(F) Cooperate with and assist the Illinois
Criminal Justice Information Authority with respect to statistical and other information concerning the incidence and prevalence of substance use disorders.
(G) Cooperate with and assist the State
Superintendent of Education, boards of education, schools, police departments, the Illinois Department of State Police, courts and other public and private agencies and individuals in establishing prevention programs statewide and preparing curriculum materials for use at all levels of education.
(H) Cooperate with and assist the Illinois
Department of Healthcare and Family Services in the development and provision of services offered to recipients of public assistance for the treatment and prevention of substance use disorders.
(5) From monies appropriated to the Department from
the Drunk and Drugged Driving Prevention Fund, reimburse DUI evaluation and risk education programs licensed by the Department for providing indigent persons with free or reduced-cost evaluation and risk education services relating to a charge of driving under the influence of alcohol or other drugs.
(6) Promulgate regulations to identify and
disseminate best practice guidelines that can be utilized by publicly and privately funded programs as well as for levels of payment to government funded programs that provide prevention, early intervention, treatment, and other recovery support services for substance use disorders and those services referenced in Sections 15-10 and 40-5.
(7) In consultation with providers and related trade
associations, specify a uniform methodology for use by funded providers and the Department for billing and collection and dissemination of statistical information regarding services related to substance use disorders.
(8) Receive data and assistance from federal, State
and local governmental agencies, and obtain copies of identification and arrest data from all federal, State and local law enforcement agencies for use in carrying out the purposes and functions of the Department.
(9) Designate and license providers to conduct
screening, assessment, referral and tracking of clients identified by the criminal justice system as having indications of substance use disorders and being eligible to make an election for treatment under Section 40-5 of this Act, and assist in the placement of individuals who are under court order to participate in treatment.
(10) Identify and disseminate evidence-based best
practice guidelines as maintained in administrative rule that can be utilized to determine a substance use disorder diagnosis.
(12) Make grants with funds appropriated from the
Drug Treatment Fund in accordance with Section 7 of the Controlled Substance and Cannabis Nuisance Act, or in accordance with Section 80 of the Methamphetamine Control and Community Protection Act, or in accordance with subsections (h) and (i) of Section 411.2 of the Illinois Controlled Substances Act, or in accordance with Section 6z-107 of the State Finance Act.
(13) Encourage all health and disability insurance
programs to include substance use disorder treatment as a covered service and to use evidence-based best practice criteria as maintained in administrative rule and as required in Public Act 99-0480 in determining the necessity for such services and continued stay.
(14) Award grants and enter into fixed-rate and
fee-for-service arrangements with any other department, authority or commission of this State, or any other state or the federal government or with any public or private agency, including the disbursement of funds and furnishing of staff, to effectuate the purposes of this Act.
(15) Conduct a public information campaign to inform
the State's Hispanic residents regarding the prevention and treatment of substance use disorders.
(b) In addition to the powers, duties and functions vested in it by this
Act, or by other laws of this State, the Department may undertake, but shall
not be limited to, the following activities:
(1) Require all organizations licensed or funded by
the Department to include an education component to inform participants regarding the causes and means of transmission and methods of reducing the risk of acquiring or transmitting HIV infection and other infectious diseases, and to include funding for such education component in its support of the program.
(2) Review all State agency applications for federal
funds that include provisions relating to the prevention, early intervention and treatment of substance use disorders in order to ensure consistency.
(3) Prepare, publish, evaluate, disseminate and serve
as a central repository for educational materials dealing with the nature and effects of substance use disorders. Such materials may deal with the educational needs of the citizens of Illinois, and may include at least pamphlets that describe the causes and effects of fetal alcohol spectrum disorders.
(4) Develop and coordinate, with regional and local
agencies, education and training programs for persons engaged in providing services for persons with substance use disorders, which programs may include specific HIV education and training for program personnel.
(5) Cooperate with and assist in the development of
education, prevention, early intervention, and treatment programs for employees of State and local governments and businesses in the State.
(6) Utilize the support and assistance of interested
persons in the community, including recovering persons, to assist individuals and communities in understanding the dynamics of substance use disorders, and to encourage individuals with substance use disorders to voluntarily undergo treatment.
(7) Promote, conduct, assist or sponsor basic
clinical, epidemiological and statistical research into substance use disorders and research into the prevention of those problems either solely or in conjunction with any public or private agency.
(8) Cooperate with public and private agencies,
organizations and individuals in the development of programs, and to provide technical assistance and consultation services for this purpose.
(11) Fund, promote, or assist entities dealing with
(12) With monies appropriated from the Group Home
Loan Revolving Fund, make loans, directly or through subcontract, to assist in underwriting the costs of housing in which individuals recovering from substance use disorders may reside, pursuant to Section 50-40 of this Act.
(13) Promulgate such regulations as may be necessary
to carry out the purposes and enforce the provisions of this Act.
(14) Provide funding to help parents be effective in
preventing substance use disorders by building an awareness of the family's role in preventing substance use disorders through adjusting expectations, developing new skills, and setting positive family goals. The programs shall include, but not be limited to, the following subjects: healthy family communication; establishing rules and limits; how to reduce family conflict; how to build self-esteem, competency, and responsibility in children; how to improve motivation and achievement; effective discipline; problem solving techniques; and how to talk about drugs and alcohol. The programs shall be open to all parents.
(Source: P.A. 100-494, eff. 6-1-18; 100-759, eff. 1-1-19; 101-10, eff. 6-5-19.)
(20 ILCS 301/5-23)
Drug Overdose Prevention Program.
(a) Reports of drug overdose.
(1) The Department may publish annually a report on
drug overdose trends statewide that reviews State death rates from available data to ascertain changes in the causes or rates of fatal and nonfatal drug overdose. The report shall also provide information on interventions that would be effective in reducing the rate of fatal or nonfatal drug overdose and shall include an analysis of drug overdose information reported to the Department of Public Health pursuant to subsection (e) of Section 3-3013 of the Counties Code, Section 6.14g of the Hospital Licensing Act, and subsection (j) of Section 22-30 of the School Code.
(2) The report may include:
(A) Trends in drug overdose death rates.
(B) Trends in emergency room utilization related
to drug overdose and the cost impact of emergency room utilization.
(C) Trends in utilization of pre-hospital and
emergency services and the cost impact of emergency services utilization.
(D) Suggested improvements in data collection.
(E) A description of other interventions
effective in reducing the rate of fatal or nonfatal drug overdose.
(F) A description of efforts undertaken to
educate the public about unused medication and about how to properly dispose of unused medication, including the number of registered collection receptacles in this State, mail-back programs, and drug take-back events.
(b) Programs; drug overdose prevention.
(1) The Department may establish a program to provide
for the production and publication, in electronic and other formats, of drug overdose prevention, recognition, and response literature. The Department may develop and disseminate curricula for use by professionals, organizations, individuals, or committees interested in the prevention of fatal and nonfatal drug overdose, including, but not limited to, drug users, jail and prison personnel, jail and prison inmates, drug treatment professionals, emergency medical personnel, hospital staff, families and associates of drug users, peace officers, firefighters, public safety officers, needle exchange program staff, and other persons. In addition to information regarding drug overdose prevention, recognition, and response, literature produced by the Department shall stress that drug use remains illegal and highly dangerous and that complete abstinence from illegal drug use is the healthiest choice. The literature shall provide information and resources for substance use disorder treatment.
The Department may establish or authorize programs
for prescribing, dispensing, or distributing opioid antagonists for the treatment of drug overdose. Such programs may include the prescribing of opioid antagonists for the treatment of drug overdose to a person who is not at risk of opioid overdose but who, in the judgment of the health care professional, may be in a position to assist another individual during an opioid-related drug overdose and who has received basic instruction on how to administer an opioid antagonist.
(2) The Department may provide advice to State and
local officials on the growing drug overdose crisis, including the prevalence of drug overdose incidents, programs promoting the disposal of unused prescription drugs, trends in drug overdose incidents, and solutions to the drug overdose crisis.
(1) The Department may award grants, in accordance
with this subsection, to create or support local drug overdose prevention, recognition, and response projects. Local health departments, correctional institutions, hospitals, universities, community-based organizations, and faith-based organizations may apply to the Department for a grant under this subsection at the time and in the manner the Department prescribes.
(2) In awarding grants, the Department shall consider
the necessity for overdose prevention projects in various settings and shall encourage all grant applicants to develop interventions that will be effective and viable in their local areas.
(3) The Department shall give preference for grants
to proposals that, in addition to providing life-saving interventions and responses, provide information to drug users on how to access substance use disorder treatment or other strategies for abstaining from illegal drugs. The Department shall give preference to proposals that include one or more of the following elements:
(A) Policies and projects to encourage persons,
including drug users, to call 911 when they witness a potentially fatal drug overdose.
(B) Drug overdose prevention, recognition, and
response education projects in drug treatment centers, outreach programs, and other organizations that work with, or have access to, drug users and their families and communities.
(C) Drug overdose recognition and response
training, including rescue breathing, in drug treatment centers and for other organizations that work with, or have access to, drug users and their families and communities.
(D) The production and distribution of targeted
or mass media materials on drug overdose prevention and response, the potential dangers of keeping unused prescription drugs in the home, and methods to properly dispose of unused prescription drugs.
(E) Prescription and distribution of opioid
(F) The institution of education and training
projects on drug overdose response and treatment for emergency services and law enforcement personnel.
(G) A system of parent, family, and survivor
education and mutual support groups.
(4) In addition to moneys appropriated by the General
Assembly, the Department may seek grants from private foundations, the federal government, and other sources to fund the grants under this Section and to fund an evaluation of the programs supported by the grants.
(d) Health care professional prescription of opioid antagonists.
(1) A health care professional who, acting in good
faith, directly or by standing order, prescribes or dispenses an opioid antagonist to: (a) a patient who, in the judgment of the health care professional, is capable of administering the drug in an emergency, or (b) a person who is not at risk of opioid overdose but who, in the judgment of the health care professional, may be in a position to assist another individual during an opioid-related drug overdose and who has received basic instruction on how to administer an opioid antagonist shall not, as a result of his or her acts or omissions, be subject to: (i) any disciplinary or other adverse action under the Medical Practice Act of 1987, the Physician Assistant Practice Act of 1987, the Nurse Practice Act, the Pharmacy Practice Act, or any other professional licensing statute or (ii) any criminal liability, except for willful and wanton misconduct.
(2) A person who is not otherwise licensed to
administer an opioid antagonist may in an emergency administer without fee an opioid antagonist if the person has received the patient information specified in paragraph (4) of this subsection and believes in good faith that another person is experiencing a drug overdose. The person shall not, as a result of his or her acts or omissions, be (i) liable for any violation of the Medical Practice Act of 1987, the Physician Assistant Practice Act of 1987, the Nurse Practice Act, the Pharmacy Practice Act, or any other professional licensing statute, or (ii) subject to any criminal prosecution or civil liability, except for willful and wanton misconduct.
(3) A health care professional prescribing an opioid
antagonist to a patient shall ensure that the patient receives the patient information specified in paragraph (4) of this subsection. Patient information may be provided by the health care professional or a community-based organization, substance use disorder program, or other organization with which the health care professional establishes a written agreement that includes a description of how the organization will provide patient information, how employees or volunteers providing information will be trained, and standards for documenting the provision of patient information to patients. Provision of patient information shall be documented in the patient's medical record or through similar means as determined by agreement between the health care professional and the organization. The Department, in consultation with statewide organizations representing physicians, pharmacists, advanced practice registered nurses, physician assistants, substance use disorder programs, and other interested groups, shall develop and disseminate to health care professionals, community-based organizations, substance use disorder programs, and other organizations training materials in video, electronic, or other formats to facilitate the provision of such patient information.
(4) For the purposes of this subsection:
"Opioid antagonist" means a drug that binds to opioid
receptors and blocks or inhibits the effect of opioids acting on those receptors, including, but not limited to, naloxone hydrochloride or any other similarly acting drug approved by the U.S. Food and Drug Administration.
"Health care professional" means a physician licensed
to practice medicine in all its branches, a licensed physician assistant with prescriptive authority, a licensed advanced practice registered nurse with prescriptive authority, an advanced practice registered nurse or physician assistant who practices in a hospital, hospital affiliate, or ambulatory surgical treatment center and possesses appropriate clinical privileges in accordance with the Nurse Practice Act, or a pharmacist licensed to practice pharmacy under the Pharmacy Practice Act.
"Patient" includes a person who is not at risk of
opioid overdose but who, in the judgment of the physician, advanced practice registered nurse, or physician assistant, may be in a position to assist another individual during an overdose and who has received patient information as required in paragraph (2) of this subsection on the indications for and administration of an opioid antagonist.
"Patient information" includes information provided
to the patient on drug overdose prevention and recognition; how to perform rescue breathing and resuscitation; opioid antagonist dosage and administration; the importance of calling 911; care for the overdose victim after administration of the overdose antagonist; and other issues as necessary.
(e) Drug overdose response policy.
(1) Every State and local government agency that
employs a law enforcement officer or fireman as those terms are defined in the Line of Duty Compensation Act must possess opioid antagonists and must establish a policy to control the acquisition, storage, transportation, and administration of such opioid antagonists and to provide training in the administration of opioid antagonists. A State or local government agency that employs a fireman as defined in the Line of Duty Compensation Act but does not respond to emergency medical calls or provide medical services shall be exempt from this subsection.
(2) Every publicly or privately owned ambulance,
special emergency medical services vehicle, non-transport vehicle, or ambulance assist vehicle, as described in the Emergency Medical Services (EMS) Systems Act, that responds to requests for emergency services or transports patients between hospitals in emergency situations must possess opioid antagonists.
(3) Entities that are required under paragraphs (1)
and (2) to possess opioid antagonists may also apply to the Department for a grant to fund the acquisition of opioid antagonists and training programs on the administration of opioid antagonists.
(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15; 99-581, eff. 1-1-17; 99-642, eff. 7-28-16; 100-201, eff. 8-18-17; 100-513, eff. 1-1-18; 100-759, eff. 1-1-19
(20 ILCS 301/10-10)
Powers and duties of the Council.
The Council shall:
(a) Advise the Department on ways to encourage public
understanding and support of the Department's programs.
(b) Advise the Department on regulations and
licensure proposed by the Department.
(c) Advise the Department in the formulation,
preparation, and implementation of the annual plan submitted with the federal Substance Use Disorder Block Grant application for prevention, early intervention, treatment, and other recovery support services for substance use disorders.
(d) Advise the Department on implementation of
substance use disorder education and prevention programs throughout the State.
(e) Assist with incorporating into the annual plan
submitted with the federal Substance Use Disorder Block Grant application, planning information specific to Illinois' female population. The information shall contain, but need not be limited to, the types of services funded, the population served, the support services available, and the goals, objectives, proposed methods of achievement, service projections and cost estimate for the upcoming year.
(f) Perform other duties as requested by the
(g) Advise the Department in the planning,
development, and coordination of programs among all agencies and departments of State government, including programs to reduce substance use disorders, prevent the misuse of illegal and legal drugs by persons of all ages, and prevent the use of alcohol by minors.
(h) Promote and encourage participation by the
private sector, including business, industry, labor, and the media, in programs to prevent substance use disorders.
(i) Encourage the implementation of programs to
prevent substance use disorders in the public and private schools and educational institutions.
(j) Gather information, conduct hearings, and make
recommendations to the Secretary concerning additions, deletions, or rescheduling of substances under the Illinois Controlled Substances Act.
(k) Report as requested to the General Assembly
regarding the activities and recommendations made by the Council.
(Source: P.A. 100-759, eff. 1-1-19
(20 ILCS 301/10-15)
Qualification and appointment of members.
The membership of
the Illinois Advisory Council may, as needed, consist of:
(a) A State's Attorney designated by the President of
the Illinois State's Attorneys Association.
(b) A judge designated by the Chief Justice of the
(c) A Public Defender appointed by the President of
the Illinois Public Defender Association.
(d) A local law enforcement officer appointed by the
(e) A labor representative appointed by the Governor.
(f) An educator appointed by the Governor.
(g) A physician licensed to practice medicine in all
its branches appointed by the Governor with due regard for the appointee's knowledge of the field of substance use disorders.
(h) 4 members of the Illinois House of
Representatives, 2 each appointed by the Speaker and Minority Leader.
(i) 4 members of the Illinois Senate, 2 each
appointed by the President and Minority Leader.
(j) The Chief Executive Officer of the Illinois
Association for Behavioral Health or his or her designee.
(k) An advocate for the needs of youth appointed by
(l) The President of the Illinois State Medical
Society or his or her designee.
(m) The President of the Illinois Hospital
Association or his or her designee.
(n) The President of the Illinois Nurses Association
or a registered nurse designated by the President.
(o) The President of the Illinois Pharmacists
Association or a licensed pharmacist designated by the President.
(p) The President of the Illinois Chapter of the
Association of Labor-Management Administrators and Consultants on Alcoholism.
(p-1) The Chief Executive Officer of the Community
Behavioral Healthcare Association of Illinois or his or her designee.
(q) The Attorney General or his or her designee.
(r) The State Comptroller or his or her designee.
(s) 20 public members, 8 appointed by the Governor, 3
of whom shall be representatives of substance use disorder treatment programs and one of whom shall be a representative of a manufacturer or importing distributor of alcoholic liquor licensed by the State of Illinois, and 3 public members appointed by each of the President and Minority Leader of the Senate and the Speaker and Minority Leader of the House.
(t) The Director, Secretary, or other chief
administrative officer, ex officio, or his or her designee, of each of the following: the Department on Aging, the Department of Children and Family Services, the Department of Corrections, the Department of Juvenile Justice, the Department of Healthcare and Family Services, the Department of Revenue, the Department of Public Health, the Department of Financial and Professional Regulation, the Department of State Police, the Administrative Office of the Illinois Courts, the Criminal Justice Information Authority, and the Department of Transportation.
(u) Each of the following, ex officio, or his or her
designee: the Secretary of State, the State Superintendent of Education, and the Chairman of the Board of Higher Education.
The public members may not be officers or employees of the executive branch
of State government; however, the public members may be officers or employees
of a State college or university or of any law enforcement agency. In
appointing members, due consideration shall be given to the experience of
appointees in the fields of medicine, law, prevention, correctional activities,
and social welfare. Vacancies in the public membership shall be filled for the
unexpired term by appointment in like manner as for original appointments, and
the appointive members shall serve until their successors are appointed and
have qualified. Vacancies among the public members appointed by the
legislative leaders shall be filled by the leader of the same house and of the
same political party as the leader who originally appointed the member.
Each non-appointive member may designate a representative to serve in his
place by written notice to the Department. All General Assembly members shall
serve until their respective successors are appointed or until termination of
their legislative service, whichever occurs first. The terms of office for
each of the members appointed by the Governor shall be for 3 years, except that
of the members first appointed, 3 shall be appointed for a term of one year,
and 4 shall be appointed for a term of 2 years. The terms of office of each of
the public members appointed by the legislative leaders shall be for 2 years.
(Source: P.A. 100-201, eff. 8-18-17; 100-759, eff. 1-1-19
(20 ILCS 301/20-5)
Development of statewide prevention system.
(a) The Department shall develop and implement a comprehensive, statewide,
community-based strategy to reduce substance use disorders and prevent the misuse of illegal and legal drugs by persons of all ages, and to prevent the use of
alcohol by minors. The system created to implement this strategy shall be
based on the premise that coordination among and integration between all
community and governmental systems will facilitate effective and efficient
program implementation and utilization of existing resources.
(b) The statewide system developed under this Section may be adopted by administrative rule or funded as a grant award condition and shall be responsible
(1) Providing programs and technical assistance to
improve the ability of Illinois communities and schools to develop, implement and evaluate prevention programs.
(2) Initiating and fostering continuing cooperation
among the Department, Department-funded prevention programs, other community-based prevention providers and other State, regional, or local systems or agencies that have an interest in substance use disorder prevention.
(c) In developing, implementing, and advocating for this statewide strategy and system, the
Department may engage in, but shall not be limited to, the following
(1) Establishing and conducting programs to provide
awareness and knowledge of the nature and extent of substance use disorders and their effect on individuals, families, and communities.
(2) Conducting or providing prevention skill building
or education through the use of structured experiences.
(3) Developing, supporting, and advocating with new
and existing local community coalitions or neighborhood-based grassroots networks using action planning and collaborative systems to initiate change regarding substance use disorders in their communities.
(4) Encouraging, supporting, and advocating for
programs and activities that emphasize alcohol-free and other drug-free lifestyles.
(5) Drafting and implementing efficient plans for the
use of available resources to address issues of substance use disorder prevention.
(6) Coordinating local programs of alcoholism and
other drug abuse education and prevention.
(7) Encouraging the development of local advisory
(d) In providing leadership to this system, the Department shall take into
account, wherever possible, the needs and requirements of local communities.
The Department shall also involve, wherever possible, local communities in its
statewide planning efforts. These planning efforts shall include, but shall
not be limited to, in cooperation with local community representatives and
Department-funded agencies, the analysis and application of results of local
needs assessments, as well as a process for the integration of an evaluation
component into the system. The results of this collaborative planning effort
shall be taken into account by the Department in making decisions regarding the
allocation of prevention resources.
(e) Prevention programs funded in whole or in part by the Department shall
maintain staff whose skills, training, experiences and cultural awareness
demonstrably match the needs of the people they are serving.
(f) The Department may delegate the functions and activities described in
subsection (c) of this Section to local, community-based providers.
(Source: P.A. 100-759, eff. 1-1-19
(20 ILCS 301/30-5)
Patients' rights established.
(a) For purposes of this Section, "patient" means any person who is
receiving or has received early intervention, treatment, or other recovery support services under
this Act or any category of service licensed as "intervention" under this Act.
(b) No patient shall be deprived of any rights, benefits,
or privileges guaranteed by law, the Constitution of the United States of
America, or the Constitution of the State of Illinois solely because of his
or her status as a patient.
(c) Persons who have substance use disorders who are
also suffering from medical conditions shall not be discriminated against in
admission or treatment by any hospital that receives support in any form supported in whole or in part by funds appropriated to any State
department or agency.
(d) Every patient shall have impartial access to services without regard to
race, religion, sex, ethnicity, age, sexual orientation, gender identity, marital status, or other disability.
(e) Patients shall be permitted the free exercise of religion.
(f) Every patient's personal dignity shall be recognized in the provision
of services, and a patient's personal privacy shall be assured and protected
within the constraints of his or her individual treatment.
(g) Treatment services shall be provided in the least restrictive
(h) Each patient receiving treatment services shall be provided an individual treatment plan, which
shall be periodically reviewed and updated as mandated by administrative rule.
(i) Treatment shall be person-centered, meaning that every patient shall be permitted to participate in the planning of his
or her total care and medical treatment to the extent that his or her condition permits.
(j) A person shall not be denied treatment solely because he or she has withdrawn
from treatment against medical advice on a prior occasion or had prior treatment episodes.
(k) The patient in residential treatment shall be permitted visits by family and
significant others, unless such visits are clinically contraindicated.
(l) A patient in residential treatment shall be allowed to conduct private telephone
conversations with family and friends unless clinically contraindicated.
(m) A patient in residential treatment shall be permitted to send and receive mail without
hindrance, unless clinically contraindicated.
(n) A patient shall be permitted to manage his or her own financial affairs unless
the patient or the patient's guardian, or if the patient is a minor, the patient's parent, authorizes
another competent person to do so.
(o) A patient shall be permitted to request the opinion of a consultant at
his or her own expense, or to request an in-house review of a treatment plan, as
provided in the specific procedures of the provider. A treatment provider is
not liable for the negligence of any consultant.
(p) Unless otherwise prohibited by State or federal law, every patient
shall be permitted to obtain from his or her own physician, the treatment provider, or
the treatment provider's consulting physician complete and current information
concerning the nature of care, procedures, and treatment that he or she will receive.
(q) A patient shall be permitted to refuse to participate in any
experimental research or medical procedure without compromising his or her access to
other, non-experimental services. Before a patient is placed in an
experimental research or medical procedure, the provider must first obtain his
or her informed written consent or otherwise comply with the federal requirements
regarding the protection of human subjects contained in 45 C.F.R.
(r) All medical treatment and procedures shall be administered as ordered
by a physician and in accordance with all Department rules.
(s) Every patient in treatment shall be permitted to refuse medical treatment and to
know the consequences of such action. Such refusal by a patient shall free the
treatment licensee from the obligation to provide the treatment.
(t) Unless otherwise prohibited by State or federal law, every patient,
patient's guardian, or parent, if the patient is a minor, shall be permitted to
inspect and copy all clinical and other records kept by the intervention or treatment licensee
or by his or her physician concerning his or her care and maintenance. The licensee
or physician may charge a reasonable fee for the duplication of a record.
(u) No owner, licensee, administrator, employee, or agent of a licensed intervention or treatment
program shall abuse or neglect a patient. It is the duty of any individual who becomes aware of such abuse or neglect to report it to
the Department immediately.
(v) The licensee may refuse access to any
person if the actions of that person are or could be
injurious to the health and safety of a patient or the licensee, or if the
person seeks access for commercial purposes.
(w) All patients admitted to community-based treatment facilities shall be considered voluntary treatment patients and such patients shall not be contained within a locked setting.
(x) Patients and their families or legal guardians shall have the right to
present complaints to the provider or the Department concerning the quality of care provided to the patient,
without threat of discharge or reprisal in any form or manner whatsoever. The complaint process and procedure shall be adopted by the Department by rule. The
treatment provider shall have in place a mechanism for receiving and responding
to such complaints, and shall inform the patient and the patient's family or legal
guardian of this mechanism and how to use it. The provider shall analyze any
complaint received and, when indicated, take appropriate corrective action.
Every patient and his or her family member or legal guardian who makes a complaint
shall receive a timely response from the provider that substantively addresses
the complaint. The provider shall inform the patient and the patient's family or legal
guardian about other sources of assistance if the provider has not resolved the
complaint to the satisfaction of the patient or the patient's family or legal guardian.
(y) A patient may refuse to perform labor at a program unless such labor
is a part of the patient's individual treatment plan as documented in the patient's clinical
(z) A person who is in need of services may apply for voluntary admission
in the manner and with the rights provided for under
regulations promulgated by the Department. If a person is refused admission, then staff, subject to rules
promulgated by the Department, shall refer the person to another facility or to other appropriate services.
(aa) No patient shall be denied services based solely on HIV status.
Further, records and information governed by the AIDS Confidentiality Act and
the AIDS Confidentiality and Testing Code (77 Ill. Adm. Code 697) shall be
maintained in accordance therewith.
(bb) Records of the identity, diagnosis, prognosis or treatment of any
patient maintained in connection with the performance of any service or
activity relating to substance use disorder education, early
intervention, intervention, training, or treatment that is
regulated, authorized, or directly or indirectly assisted by any Department or
agency of this State or under any provision of this Act shall be confidential
and may be disclosed only in accordance with the provisions of federal law and
regulations concerning the confidentiality of substance use disorder patient
records as contained in 42 U.S.C. Sections 290dd-2 and 42 C.F.R.
Part 2, or any successor federal statute or regulation.
(1) The following are exempt from the confidentiality
protections set forth in 42 C.F.R. Section 2.12(c):
(A) Veteran's Administration records.
(B) Information obtained by the Armed Forces.
(C) Information given to qualified service
(D) Communications within a program or between a
program and an entity having direct administrative control over that program.
(E) Information given to law enforcement
personnel investigating a patient's commission of a crime on the program premises or against program personnel.
(F) Reports under State law of incidents of
suspected child abuse and neglect; however, confidentiality restrictions continue to apply to the records and any follow-up information for disclosure and use in civil or criminal proceedings arising from the report of suspected abuse or neglect.
(2) If the information is not exempt, a disclosure
can be made only under the following circumstances:
(A) With patient consent as set forth in 42
C.F.R. Sections 2.1(b)(1) and 2.31, and as consistent with pertinent State law.
(B) For medical emergencies as set forth in 42
C.F.R. Sections 2.1(b)(2) and 2.51.
(C) For research activities as set forth in 42
C.F.R. Sections 2.1(b)(2) and 2.52.
(D) For audit evaluation activities as set forth
in 42 C.F.R. Section 2.53.
(E) With a court order as set forth in 42 C.F.R.
Sections 2.61 through 2.67.
(3) The restrictions on disclosure and use of patient
information apply whether the holder of the information already has it, has other means of obtaining it, is a law enforcement or other official, has obtained a subpoena, or asserts any other justification for a disclosure or use that is not permitted by 42 C.F.R. Part 2. Any court orders authorizing disclosure of patient records under this Act must comply with the procedures and criteria set forth in 42 C.F.R. Sections 2.64 and 2.65. Except as authorized by a court order granted under this Section, no record referred to in this Section may be used to initiate or substantiate any charges against a patient or to conduct any investigation of a patient.
(4) The prohibitions of this subsection shall apply
to records concerning any person who has been a patient, regardless of whether or when the person ceases to be a patient.
(5) Any person who discloses the content of any
record referred to in this Section except as authorized shall, upon conviction, be guilty of a Class A misdemeanor.
(6) The Department shall prescribe regulations to
carry out the purposes of this subsection. These regulations may contain such definitions, and may provide for such safeguards and procedures, including procedures and criteria for the issuance and scope of court orders, as in the judgment of the Department are necessary or proper to effectuate the purposes of this Section, to prevent circumvention or evasion thereof, or to facilitate compliance therewith.
(cc) Each patient shall be given a written explanation of all the rights
enumerated in this Section and a copy, signed by the patient, shall be kept in every patient record. If a patient is unable to read such written
explanation, it shall be read to the patient in a language that the patient
understands. A copy of all the rights enumerated in this Section shall be
posted in a conspicuous place within the program where it may readily be
seen and read by program patients and visitors.
(dd) The program shall ensure that its staff is familiar with and observes
the rights and responsibilities enumerated in this Section.
(ee) Licensed organizations shall comply with the right of any adolescent to consent to treatment without approval of the parent or legal guardian in accordance with the Consent by Minors to Medical Procedures Act.
(ff) At the point of admission for services, licensed organizations must obtain written informed consent, as defined in Section 1-10 and in administrative rule, from each client, patient, or legal guardian.
(Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19
(20 ILCS 301/35-5)
Services for pregnant women and mothers.
(a) In order to promote a comprehensive, statewide and multidisciplinary
approach to serving pregnant women and mothers, including those who
are minors, and their children who are affected by substance use disorders, the Department shall have responsibility for an ongoing
exchange of referral information among the following:
(1) those who provide medical and social services to
pregnant women, mothers and their children, whether or not there exists evidence of a substance use disorder. These include any other State-funded medical or social services to pregnant women.
(2) providers of treatment services to women affected
by substance use disorders.
(f) The Department shall develop and maintain an updated and comprehensive
directory of licensed providers that deliver treatment and intervention services. The Department shall post on its website a licensed provider directory updated at least quarterly.
(g) As a condition of any State grant or contract, the Department shall
require that any treatment program for women with substance use disorders provide services, either
by its own staff or by agreement with other agencies or individuals, which
include but need not be limited to the following:
(1) coordination with any program providing case
management services to ensure ongoing monitoring and coordination of services after the addicted woman has returned home.
(2) coordination with medical services for individual
medical care of pregnant women, including prenatal care under the supervision of a physician.
(3) coordination with child care services.
(h) As a condition of any State grant or contract, the Department shall
require that any nonresidential program receiving any funding for treatment
services accept women who are pregnant, provided that such services are
clinically appropriate. Failure to comply with this subsection shall result in
termination of the grant or contract and loss of State funding.
(i)(1) From funds appropriated expressly for the purposes of this Section,
the Department shall create or contract with licensed, certified agencies to
develop a program for the care and treatment of pregnant women,
mothers and their children. The program shall be in Cook County in an
area of high density population having a disproportionate number of
women with substance use disorders and a high infant mortality rate.
(2) From funds appropriated expressly for the purposes of this Section,
Department shall create or contract with licensed, certified agencies to
develop a program for the care and treatment of low income pregnant women. The
program shall be located anywhere in the State outside of Cook County in an
area of high density population having a disproportionate number of low income
(3) In implementing the programs established under this subsection, the
Department shall contract with existing residential treatment or recovery homes in areas
having a disproportionate number of women with substance use disorders who
need residential treatment. Priority shall be given to women who:
(A) are pregnant, especially if they are intravenous
(B) have minor children,
(C) are both pregnant and have minor children, or
(D) are referred by medical personnel because they
either have given birth to a baby with a substance use disorder, or will give birth to a baby with a substance use disorder.
(4) The services provided by the programs shall include but not be limited
(A) individual medical care, including prenatal care,
under the supervision of a physician.
(B) temporary, residential shelter for pregnant
women, mothers and children when necessary.
(C) a range of educational or counseling services.
(D) comprehensive and coordinated social services,
including therapy groups for the treatment of substance use disorders; family therapy groups; programs to develop positive self-awareness; parent-child therapy; and residential support groups.
(Source: P.A. 100-759, eff. 1-1-19
(20 ILCS 301/45-5)
(a) Employees of the Department are authorized to enter, at
reasonable times and upon presentation of credentials, the premises on which
any licensed or funded activity is conducted, including off-site services,
in order to inspect all pertinent
property, records, personnel and business data that relate to such activity.
(b) When authorized by an administrative inspection warrant issued pursuant
to this Act, any officer or employee may execute the inspection warrant
according to its terms. Entries, inspections and seizures of property may be
made without a warrant:
(1) If the person in charge of the premises consents.
(2) In situations presenting imminent danger to
(3) In situations involving inspections of
conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant.
(4) In any other exceptional or emergency
circumstances where time or opportunity to apply for a warrant is lacking.
(c) Issuance and execution of administrative inspection warrants shall be
(1) A judge of the circuit court, upon proper oath or
affirmation showing probable cause, may issue administrative inspection warrants for the purpose of conducting inspections and seizing property. Probable cause exists upon showing a valid public interest in the effective enforcement of this Act or regulations promulgated hereunder, sufficient to justify inspection or seizure of property.
(2) An inspection warrant shall be issued only upon
an affidavit of a person having knowledge of the facts alleged, sworn to before the circuit judge and established as grounds for issuance of a warrant. If the circuit judge is satisfied that probable cause exists, he shall issue an inspection warrant identifying the premises to be inspected, the property, if any, to be seized, and the purpose of the inspection or seizure.
(3) The inspection warrant shall state the grounds
for its issuance, the names of persons whose affidavits have been taken in support thereof and any items or types of property to be seized.
(4) The inspection warrant shall be directed to a
person authorized by the Secretary to execute it, shall command the person to inspect or seize the property, direct that it be served at any time of day or night, and designate a circuit judge to whom it shall be returned.
(5) The inspection warrant must be executed and
returned within 10 days of the date of issuance unless the court orders otherwise.
(6) If property is seized, an inventory shall be
made. A copy of the inventory of the seized property shall be given to the person from whom the property was taken, or if no person is available to receive the inventory, it shall be left at the premises.
(7) No warrant shall be quashed nor evidence
suppressed because of technical irregularities not affecting the substantive rights of the persons affected. The Department shall have exclusive jurisdiction for the enforcement of this Act and for violations thereof.
(Source: P.A. 100-759, eff. 1-1-19