103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4975

 

Introduced 2/8/2024, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Substance Use Disorder Act. In provisions requiring the Department of Human Services to establish a public education program regarding gambling disorders, requires the program to (i) promote public awareness to create a gambling informed State regarding the impact of gambling disorders on individuals, families, and communities and the stigma that surrounds gambling disorders and (ii) use screening, crisis intervention, treatment, public awareness, prevention, in-service training, and other innovative means to decrease the incidents of suicide attempts related to a gambling disorder or gambling issues. Requires the Department to determine a statement regarding obtaining assistance with a gambling disorder, which each licensed gambling establishment owner shall post and each master sports wagering licensee shall include on the master sports wagering licensee's portal, Internet website, or computer or mobile application. Permits the Department: to provide advice to State and local officials on gambling disorders; to support gambling disorder prevention, recognition, treatment, and recovery projects; to collaborate with other community-based organizations, substance use disorder treatment centers, or other health care providers engaged in treating individuals who are experiencing gambling disorder; and to perform other actions. Permits the Department to award grants to create or support local gambling prevention, recognition, and response projects. Makes other changes.


LRB103 38674 KTG 68811 b

 

 

A BILL FOR

 

HB4975LRB103 38674 KTG 68811 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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,
715-5, 15-10, 20-5, 25-5, 25-10, 30-5, 35-5, 35-10, 40-5,
840-10, 40-15, 40-20, 45-5, 45-10, 45-15, 45-20, 45-25, 45-30,
945-35, 45-40, 45-45, 45-50, 45-55, 50-5, 50-10, 50-20, 50-25,
1050-30, 50-40, 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
17imperative that a comprehensive and coordinated strategy be
18developed under the leadership of a State agency. This
19strategy should be implemented through the facilities of
20federal and local government and community-based agencies
21(which may be public or private, volunteer or professional).
22Through local prevention, early intervention, treatment, and
23other recovery support services, this strategy should empower

 

 

HB4975- 2 -LRB103 38674 KTG 68811 b

1those struggling with these substance use disorders (and, when
2appropriate, the families of those persons) to lead healthy
3lives.
4    The human, social, and economic benefits of preventing
5these substance use disorders are great, and it is imperative
6that there be interagency cooperation in the planning and
7delivery of prevention, early intervention, treatment, and
8other recovery support services in Illinois.
9    The provisions of this Act shall be liberally construed to
10enable the Department to carry out these objectives and
11purposes.
12(Source: P.A. 100-759, eff. 1-1-19.)
 
13    (20 ILCS 301/1-10)
14    Sec. 1-10. Definitions. As used in this Act, unless the
15context clearly indicates otherwise, the following words and
16terms have the following meanings:
17    "Case management" means a coordinated approach to the
18delivery of health and medical treatment, substance use
19disorder treatment, gambling disorder treatment, mental health
20treatment, and social services, linking patients with
21appropriate services to address specific needs and achieve
22stated goals. In general, case management assists patients
23with other disorders and conditions that require multiple
24services over extended periods of time and who face difficulty
25in gaining access to those services.

 

 

HB4975- 3 -LRB103 38674 KTG 68811 b

1    "Crime of violence" means any of the following crimes:
2murder, voluntary manslaughter, criminal sexual assault,
3aggravated criminal sexual assault, predatory criminal sexual
4assault of a child, armed robbery, robbery, arson, kidnapping,
5aggravated battery, aggravated arson, or any other felony that
6involves the use or threat of physical force or violence
7against another individual.
8    "Department" means the Department of Human Services.
9    "DUI" means driving under the influence of alcohol or
10other drugs.
11    "Designated program" means a category of service
12authorized by an intervention license issued by the Department
13for delivery of all services as described in Article 40 in this
14Act.
15    "Early intervention" means services, authorized by a
16treatment license, that are sub-clinical and pre-diagnostic
17and that are designed to screen, identify, and address risk
18factors that may be related to problems associated with a
19substance use or gambling disorder substance use disorders and
20to assist individuals in recognizing harmful consequences.
21Early intervention services facilitate emotional and social
22stability and involve involves referrals for treatment, as
23needed.
24    "Facility" means the building or premises are used for the
25provision of licensable services, including support services,
26as set forth by rule.

 

 

HB4975- 4 -LRB103 38674 KTG 68811 b

1    "Gambling disorder" means persistent and recurring
2maladaptive gambling behavior that disrupts personal, family,
3or vocational pursuits.
4    "Gambling" means the risking of money or other items of
5value in games of chance, including video gaming, sports
6betting, and other games of chance.
7    "Gaming" means the action or practice of playing video
8games.
9    "Holds itself out" means any activity that would lead one
10to reasonably conclude that the individual or entity provides
11or intends to provide licensable substance-related disorder
12intervention or treatment services. Such activities include,
13but are not limited to, advertisements, notices, statements,
14or contractual arrangements with managed care organizations,
15private health insurance, or employee assistance programs to
16provide services that require a license as specified in
17Article 15.
18    "Informed consent" means legally valid written consent,
19given by a client, patient, or legal guardian, that authorizes
20intervention or treatment services from a licensed
21organization and that documents agreement to participate in
22those services and knowledge of the consequences of withdrawal
23from such services. Informed consent also acknowledges the
24client's or patient's right to a conflict-free choice of
25services from any licensed organization and the potential
26risks and benefits of selected services.

 

 

HB4975- 5 -LRB103 38674 KTG 68811 b

1    "Intoxicated person" means a person whose mental or
2physical functioning is substantially impaired as a result of
3the current effects of alcohol or other drugs within the body.
4    "Medication assisted treatment" means the prescription of
5medications that are approved by the U.S. Food and Drug
6Administration and the Center for Substance Abuse Treatment to
7assist with treatment for a substance use disorder and to
8support recovery for individuals receiving services in a
9facility licensed by the Department. Medication assisted
10treatment includes opioid treatment services as authorized by
11a Department license.
12    "Off-site services" means licensable services are
13conducted at a location separate from the licensed location of
14the provider, and services are operated by an entity licensed
15under this Act and approved in advance by the Department.
16    "Person" means any individual, firm, group, association,
17partnership, corporation, trust, government or governmental
18subdivision or agency.
19    "Prevention" means an interactive process of individuals,
20families, schools, religious organizations, communities and
21regional, state and national organizations whose goals are to
22reduce the prevalence of substance use or gambling disorders,
23prevent the use of illegal drugs and the abuse of legal drugs
24by persons of all ages, prevent the use of alcohol by minors,
25reduce the severity of harm in gambling by persons of all ages,
26build the capacities of individuals and systems, and promote

 

 

HB4975- 6 -LRB103 38674 KTG 68811 b

1healthy environments, lifestyles, and behaviors.
2    "Recovery" means a process of change through which
3individuals improve their health and wellness, live a
4self-directed life, and reach their full potential.
5    "Recovery support" means services designed to support
6individual recovery from a substance use or gambling disorder
7that may be delivered pre-treatment, during treatment, or post
8treatment. These services may be delivered in a wide variety
9of settings for the purpose of supporting the individual in
10meeting his or her recovery support goals.
11    "Secretary" means the Secretary of the Department of Human
12Services or his or her designee.
13    "Substance use disorder" means a spectrum of persistent
14and recurring problematic behavior that encompasses 10
15separate classes of drugs: alcohol; caffeine; cannabis;
16hallucinogens; inhalants; opioids; sedatives, hypnotics and
17anxiolytics; stimulants; and tobacco; and other unknown
18substances leading to clinically significant impairment or
19distress.
20    "Treatment" means the broad range of emergency,
21outpatient, and residential care (including assessment,
22diagnosis, case management, treatment, and recovery support
23planning) may be extended to individuals with substance use
24disorders or to the families of those persons.
25    "Withdrawal management" means services designed to manage
26intoxication or withdrawal episodes (previously referred to as

 

 

HB4975- 7 -LRB103 38674 KTG 68811 b

1detoxification), interrupt the momentum of habitual,
2compulsive substance use and begin the initial engagement in
3medically necessary substance use disorder treatment.
4Withdrawal management allows patients to safely withdraw from
5substances in a controlled medically-structured environment.
6(Source: P.A. 100-759, eff. 1-1-19.)
 
7    (20 ILCS 301/5-5)
8    Sec. 5-5. Successor department; home rule.
9    (a) The Department of Human Services, as successor to the
10Department of Alcoholism and Substance Abuse, shall assume the
11various rights, powers, duties, and functions provided for in
12this Act.
13    (b) It is declared to be the public policy of this State,
14pursuant to paragraphs (h) and (i) of Section 6 of Article VII
15of the Illinois Constitution of 1970, that the powers and
16functions set forth in this Act and expressly delegated to the
17Department are exclusive State powers and functions. Nothing
18herein prohibits the exercise of any power or the performance
19of any function, including the power to regulate, for the
20protection of the public health, safety, morals and welfare,
21by any unit of local government, other than the powers and
22functions set forth in this Act and expressly delegated to the
23Department to be exclusive State powers and functions.
24    (c) The Department shall, through accountable and
25efficient leadership, example and commitment to excellence,

 

 

HB4975- 8 -LRB103 38674 KTG 68811 b

1strive to reduce the incidence of substance use or gambling
2disorders by:
3        (1) Fostering public understanding of substance use
4    disorders and how they affect individuals, families, and
5    communities.
6        (2) Promoting healthy lifestyles.
7        (3) Promoting understanding and support for sound
8    public policies.
9        (4) Ensuring quality prevention, early intervention,
10    treatment, and other recovery support services that are
11    accessible and responsive to the diverse needs of
12    individuals, families, and communities.
13(Source: P.A. 100-759, eff. 1-1-19.)
 
14    (20 ILCS 301/5-10)
15    Sec. 5-10. Functions of the Department.
16    (a) In addition to the powers, duties and functions vested
17in the Department by this Act, or by other laws of this State,
18the Department shall carry out the following activities:
19        (1) Design, coordinate and fund comprehensive
20    community-based and culturally and gender-appropriate
21    services throughout the State. These services must include
22    prevention, early intervention, treatment, and other
23    recovery support services for substance use disorders that
24    are accessible and address the needs of at-risk
25    individuals and their families.

 

 

HB4975- 9 -LRB103 38674 KTG 68811 b

1        (2) Act as the exclusive State agency to accept,
2    receive and expend, pursuant to appropriation, any public
3    or private monies, grants or services, including those
4    received from the federal government or from other State
5    agencies, for the purpose of providing prevention, early
6    intervention, treatment, and other recovery support
7    services for substance use or gambling disorders.
8        (2.5) In partnership with the Department of Healthcare
9    and Family Services, act as one of the principal State
10    agencies for the sole purpose of calculating the
11    maintenance of effort requirement under Section 1930 of
12    Title XIX, Part B, Subpart II of the Public Health Service
13    Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR
14    96.134).
15        (3) Coordinate a statewide strategy for the
16    prevention, early intervention, treatment, and recovery
17    support of substance use or gambling disorders. This
18    strategy shall include the development of a comprehensive
19    plan, submitted annually with the application for federal
20    substance use disorder block grant funding, for the
21    provision of an array of such services. The plan shall be
22    based on local community-based needs and upon data
23    including, but not limited to, that which defines the
24    prevalence of and costs associated with these substance
25    use disorders. This comprehensive plan shall include
26    identification of problems, needs, priorities, services

 

 

HB4975- 10 -LRB103 38674 KTG 68811 b

1    and other pertinent information, including the needs of
2    marginalized communities minorities and other specific
3    priority populations in the State, and shall describe how
4    the identified problems and needs will be addressed. For
5    purposes of this paragraph, the term "marginalized
6    communities minorities and other specific priority
7    populations" may include, but shall not be limited to,
8    groups such as women, children, persons who use
9    intravenous drugs intravenous drug users, persons with
10    AIDS or who are HIV infected, veterans, African-Americans,
11    Puerto Ricans, Hispanics, Asian Americans, the elderly,
12    persons in the criminal justice system, persons who are
13    clients of services provided by other State agencies,
14    persons with disabilities and such other specific
15    populations as the Department may from time to time
16    identify. In developing the plan, the Department shall
17    seek input from providers, parent groups, associations and
18    interested citizens.
19        The plan developed under this Section shall include an
20    explanation of the rationale to be used in ensuring that
21    funding shall be based upon local community needs,
22    including, but not limited to, the incidence and
23    prevalence of, and costs associated with, these substance
24    use disorders, as well as upon demonstrated program
25    performance.
26        The plan developed under this Section shall also

 

 

HB4975- 11 -LRB103 38674 KTG 68811 b

1    contain a report detailing the activities of and progress
2    made through services for the care and treatment of these
3    substance use disorders among pregnant women and mothers
4    and their children established under subsection (j) of
5    Section 35-5.
6        As applicable, the plan developed under this Section
7    shall also include information about funding by other
8    State agencies for prevention, early intervention,
9    treatment, and other recovery support services.
10        (4) Lead, foster and develop cooperation, coordination
11    and agreements among federal and State governmental
12    agencies and local providers that provide assistance,
13    services, funding or other functions, peripheral or
14    direct, in the prevention, early intervention, treatment,
15    and recovery support for substance use or gambling
16    disorders. This shall include, but shall not be limited
17    to, the following:
18            (A) Cooperate with and assist other State
19        agencies, as applicable, in establishing and
20        conducting these substance use disorder services among
21        the populations they respectively serve.
22            (B) Cooperate with and assist the Illinois
23        Department of Public Health in the establishment,
24        funding and support of programs and services for the
25        promotion of maternal and child health and the
26        prevention and treatment of infectious diseases,

 

 

HB4975- 12 -LRB103 38674 KTG 68811 b

1        including but not limited to HIV infection, especially
2        with respect to those persons who are high risk due to
3        intravenous injection of illegal drugs, or who may
4        have been sexual partners of these individuals, or who
5        may have impaired immune systems as a result of a
6        substance use disorder.
7            (C) Supply to the Department of Public Health and
8        prenatal care providers a list of all providers who
9        are licensed to provide substance use disorder
10        treatment for pregnant women in this State.
11            (D) Assist in the placement of child abuse or
12        neglect perpetrators (identified by the Illinois
13        Department of Children and Family Services (DCFS)) who
14        have been determined to be in need of substance use
15        disorder treatment pursuant to Section 8.2 of the
16        Abused and Neglected Child Reporting Act.
17            (E) Cooperate with and assist DCFS in carrying out
18        its mandates to:
19                (i) identify substance use and gambling
20            disorders among its clients and their families;
21            and
22                (ii) develop services to deal with such
23            disorders.
24        These services may include, but shall not be limited
25        to, programs to prevent or treat substance use or
26        gambling disorders with DCFS clients and their

 

 

HB4975- 13 -LRB103 38674 KTG 68811 b

1        families, identifying child care needs within such
2        treatment, and assistance with other issues as
3        required.
4            (F) Cooperate with and assist the Illinois
5        Criminal Justice Information Authority with respect to
6        statistical and other information concerning the
7        incidence and prevalence of substance use or gambling
8        disorders.
9            (G) Cooperate with and assist the State
10        Superintendent of Education, boards of education,
11        schools, police departments, the Illinois State
12        Police, courts and other public and private agencies
13        and individuals in establishing substance use or
14        gambling disorder prevention programs statewide and
15        preparing curriculum materials for use at all levels
16        of education.
17            (H) Cooperate with and assist the Illinois
18        Department of Healthcare and Family Services in the
19        development and provision of services offered to
20        recipients of public assistance for the treatment and
21        prevention of substance use or gambling disorders.
22            (I) (Blank).
23        (5) From monies appropriated to the Department from
24    the Drunk and Drugged Driving Prevention Fund, reimburse
25    DUI evaluation and risk education programs licensed by the
26    Department for providing indigent persons with free or

 

 

HB4975- 14 -LRB103 38674 KTG 68811 b

1    reduced-cost evaluation and risk education services
2    relating to a charge of driving under the influence of
3    alcohol or other drugs.
4        (6) Promulgate regulations to identify and disseminate
5    best practice guidelines that can be utilized by publicly
6    and privately funded programs as well as for levels of
7    payment to government funded programs that provide
8    prevention, early intervention, treatment, and other
9    recovery support services for substance use or gambling
10    disorders and those services referenced in Sections 15-10
11    and 40-5.
12        (7) In consultation with providers and related trade
13    associations, specify a uniform methodology for use by
14    funded providers and the Department for billing and
15    collection and dissemination of statistical information
16    regarding services related to substance use or gambling
17    disorders.
18        (8) Receive data and assistance from federal, State
19    and local governmental agencies, and obtain copies of
20    identification and arrest data from all federal, State and
21    local law enforcement agencies for use in carrying out the
22    purposes and functions of the Department.
23        (9) Designate and license providers to conduct
24    screening, assessment, referral and tracking of clients
25    identified by the criminal justice system as having
26    indications of substance use disorders and being eligible

 

 

HB4975- 15 -LRB103 38674 KTG 68811 b

1    to make an election for treatment under Section 40-5 of
2    this Act, and assist in the placement of individuals who
3    are under court order to participate in treatment.
4        (10) Identify and disseminate evidence-based best
5    practice guidelines as maintained in administrative rule
6    that can be utilized to determine a substance use or
7    gambling disorder diagnosis.
8        (11) (Blank).
9        (11.5) Make grants with funds appropriated to the
10    Department as provided in Section 50 of the Video Gaming
11    Act and subsection (c) of Section 13 of the Illinois
12    Gambling Act.
13        (12) Make grants with funds appropriated from the Drug
14    Treatment Fund in accordance with Section 7 of the
15    Controlled Substance and Cannabis Nuisance Act, or in
16    accordance with Section 80 of the Methamphetamine Control
17    and Community Protection Act, or in accordance with
18    subsections (h) and (i) of Section 411.2 of the Illinois
19    Controlled Substances Act, or in accordance with Section
20    6z-107 of the State Finance Act.
21        (13) Encourage all health and disability insurance
22    programs to include substance use and gambling disorder
23    treatment as a covered services service and to use
24    evidence-based best practice criteria as maintained in
25    administrative rule and as required in Public Act 99-0480
26    in determining the necessity for such services and

 

 

HB4975- 16 -LRB103 38674 KTG 68811 b

1    continued stay.
2        (14) Award grants and enter into fixed-rate and
3    fee-for-service arrangements with any other department,
4    authority or commission of this State, or any other state
5    or the federal government or with any public or private
6    agency, including the disbursement of funds and furnishing
7    of staff, to effectuate the purposes of this Act.
8        (15) Conduct a public information campaign to inform
9    the State's Hispanic residents regarding the prevention
10    and treatment of substance use or gambling disorders.
11    (b) In addition to the powers, duties and functions vested
12in it by this Act, or by other laws of this State, the
13Department may undertake, but shall not be limited to, the
14following activities:
15        (1) Require all organizations licensed or funded by
16    the Department to include an education component to inform
17    participants regarding the causes and means of
18    transmission and methods of reducing the risk of acquiring
19    or transmitting HIV infection and other infectious
20    diseases, and to include funding for such education
21    component in its support of the program.
22        (2) Review all State agency applications for federal
23    funds that include provisions relating to the prevention,
24    early intervention and treatment of substance use or
25    gambling disorders in order to ensure consistency.
26        (3) Prepare, publish, evaluate, disseminate and serve

 

 

HB4975- 17 -LRB103 38674 KTG 68811 b

1    as a central repository for educational materials dealing
2    with the nature and effects of substance use or gambling
3    disorders. Such materials may deal with the educational
4    needs of the citizens of Illinois, and may include at
5    least pamphlets that describe the causes and effects of
6    fetal alcohol spectrum disorders.
7        (4) Develop and coordinate, with regional and local
8    agencies, education and training programs for persons
9    engaged in providing services for persons with substance
10    use or gambling disorders, which programs may include
11    specific HIV education and training for program personnel.
12        (5) Cooperate with and assist in the development of
13    education, prevention, early intervention, and treatment
14    programs for employees of State and local governments and
15    businesses in the State.
16        (6) Utilize the support and assistance of interested
17    persons in the community, including recovering persons, to
18    assist individuals and communities in understanding the
19    dynamics of substance use or gambling disorders, and to
20    encourage individuals with these substance use disorders
21    to voluntarily undergo treatment.
22        (7) Promote, conduct, assist or sponsor basic
23    clinical, epidemiological and statistical research into
24    substance use or gambling disorders and research into the
25    prevention of those problems either solely or in
26    conjunction with any public or private agency.

 

 

HB4975- 18 -LRB103 38674 KTG 68811 b

1        (8) Cooperate with public and private agencies,
2    organizations, institutions of higher education, and
3    individuals in the development of programs, and to provide
4    technical assistance and consultation services for this
5    purpose.
6        (9) (Blank).
7        (10) (Blank).
8        (11) Fund, promote, or assist entities dealing with
9    substance use or gambling disorders.
10        (12) With monies appropriated from the Group Home Loan
11    Revolving Fund, make loans, directly or through
12    subcontract, to assist in underwriting the costs of
13    housing in which individuals recovering from substance use
14    or gambling disorders may reside, pursuant to Section
15    50-40 of this Act.
16        (13) Promulgate such regulations as may be necessary
17    to carry out the purposes and enforce the provisions of
18    this Act.
19        (14) Provide funding to help parents be effective in
20    preventing substance use or gambling disorders by building
21    an awareness of the family's role in preventing these
22    substance use disorders through adjusting expectations,
23    developing new skills, and setting positive family goals.
24    The programs shall include, but not be limited to, the
25    following subjects: healthy family communication;
26    establishing rules and limits; how to reduce family

 

 

HB4975- 19 -LRB103 38674 KTG 68811 b

1    conflict; how to build self-esteem, competency, and
2    responsibility in children; how to improve motivation and
3    achievement; effective discipline; problem solving
4    techniques; healthy gaming and play habits; appropriate
5    financial planning and investment strategies; how to talk
6    about gambling and related activities; and how to talk
7    about substance use or gambling drugs and alcohol. The
8    programs shall be open to all parents.
9        (15) Establish an Opioid Remediation Services Capital
10    Investment Grant Program. The Department may, subject to
11    appropriation and approval through the Opioid Overdose
12    Prevention and Recovery Steering Committee, after
13    recommendation by the Illinois Opioid Remediation Advisory
14    Board, and certification by the Office of the Attorney
15    General, make capital improvement grants to units of local
16    government and substance use prevention, treatment, and
17    recovery service providers addressing opioid remediation
18    in the State for approved abatement uses under the
19    Illinois Opioid Allocation Agreement. The Illinois Opioid
20    Remediation State Trust Fund shall be the source of
21    funding for the program. Eligible grant recipients shall
22    be units of local government and substance use prevention,
23    treatment, and recovery service providers that offer
24    facilities and services in a manner that supports and
25    meets the approved uses of the opioid settlement funds.
26    Eligible grant recipients have no entitlement to a grant

 

 

HB4975- 20 -LRB103 38674 KTG 68811 b

1    under this Section. The Department of Human Services may
2    consult with the Capital Development Board, the Department
3    of Commerce and Economic Opportunity, and the Illinois
4    Housing Development Authority to adopt rules to implement
5    this Section and may create a competitive application
6    procedure for grants to be awarded. The rules may specify
7    the manner of applying for grants; grantee eligibility
8    requirements; project eligibility requirements;
9    restrictions on the use of grant moneys; the manner in
10    which grantees must account for the use of grant moneys;
11    and any other provision that the Department of Human
12    Services determines to be necessary or useful for the
13    administration of this Section. Rules may include a
14    requirement for grantees to provide local matching funds
15    in an amount equal to a specific percentage of the grant.
16    No portion of an opioid remediation services capital
17    investment grant awarded under this Section may be used by
18    a grantee to pay for any ongoing operational costs or
19    outstanding debt. The Department of Human Services may
20    consult with the Capital Development Board, the Department
21    of Commerce and Economic Opportunity, and the Illinois
22    Housing Development Authority in the management and
23    disbursement of funds for capital-related projects. The
24    Capital Development Board, the Department of Commerce and
25    Economic Opportunity, and the Illinois Housing Development
26    Authority shall act in a consulting role only for the

 

 

HB4975- 21 -LRB103 38674 KTG 68811 b

1    evaluation of applicants, scoring of applicants, or
2    administration of the grant program.
3    (c) There is created within the Department of Human
4Services an Office of Opioid Settlement Administration. The
5Office shall be responsible for implementing and administering
6approved abatement programs as described in Exhibit B of the
7Illinois Opioid Allocation Agreement, effective December 30,
82021. The Office may also implement and administer other
9opioid-related programs, including but not limited to
10prevention, treatment, and recovery services from other funds
11made available to the Department of Human Services. The
12Secretary of Human Services shall appoint or assign staff as
13necessary to carry out the duties and functions of the Office.
14(Source: P.A. 102-538, eff. 8-20-21; 102-699, eff. 4-19-22;
15103-8, eff. 6-7-23.)
 
16    (20 ILCS 301/5-20)
17    Sec. 5-20. Gambling disorders.
18    (a) Subject to appropriation, the Department shall
19establish a program for public education, research, and
20training regarding gambling disorders and the treatment and
21prevention of gambling disorders. Subject to specific
22appropriation for these stated purposes, the program must
23include all of the following:
24        (1) Establishment and maintenance of a toll-free
25    hotline and website "800" telephone number to provide

 

 

HB4975- 22 -LRB103 38674 KTG 68811 b

1    crisis counseling and referral services for to families
2    experiencing difficulty related to a as a result of
3    gambling disorder disorders.
4        (2) Promotion of public awareness regarding the
5    recognition and prevention of gambling disorders.
6    Promotion of public awareness to create a gambling
7    informed State regarding the impact of gambling disorders
8    on individuals, families, and communities and the stigma
9    that surrounds gambling disorders.
10        (3) Facilitation, through in-service training,
11    certification promotion, and other innovative means, of
12    the availability of effective assistance programs for
13    gambling disorders.
14        (4) Conducting studies to, and through other
15    innovative means, identify adults and juveniles in this
16    State who have, or who are at risk of developing, gambling
17    disorders.
18        (5) Utilize screening, crisis intervention, treatment,
19    public awareness, prevention, in-service training, and
20    other innovative means, to decrease the incidents of
21    suicide attempts related to a gambling disorder or
22    gambling issues.
23    (b) Subject to appropriation, the Department shall either
24establish and maintain the program or contract with a private
25or public entity for the establishment and maintenance of the
26program. Subject to appropriation, either the Department or

 

 

HB4975- 23 -LRB103 38674 KTG 68811 b

1the private or public entity shall implement the hotline and
2website toll-free telephone number, promote public awareness,
3conduct research, fund treatment and recovery services, and
4conduct in-service training concerning gambling disorders.
5    (c) The Department shall determine a statement regarding
6obtaining assistance with a gambling disorder which each
7licensed gambling establishment owner shall post and each
8master sports wagering licensee shall include on the master
9sports wagering licensee's portal, Internet website, or
10computer or mobile application. Subject to appropriation, the
11Department shall produce and supply the signs with the
12statement as specified in Section 10.7 of the Illinois Lottery
13Law, Section 34.1 of the Illinois Horse Racing Act of 1975,
14Section 4.3 of the Bingo License and Tax Act, Section 8.1 of
15the Charitable Games Act, Section 25.95 of the Sports Wagering
16Act, and Section 13.1 of the Illinois Gambling Act, and the
17Video Gaming Act.
18    (d) Programs; gambling disorder prevention.
19        (1) The Department may establish a program to provide
20    for the production and publication, in electronic and
21    other formats, of gambling prevention, recognition,
22    treatment, and recovery literature and other public
23    education methods. The Department may develop and
24    disseminate curricula for use by professionals,
25    organizations, individuals, or committees interested in
26    the prevention of gambling disorders.

 

 

HB4975- 24 -LRB103 38674 KTG 68811 b

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

 

 

HB4975- 25 -LRB103 38674 KTG 68811 b

1        treating individuals who are experiencing gambling
2        disorder.
3            (C) Providing linkages for individuals to obtain
4        evidence-based gambling disorder treatment.
5            (D) Engaging individuals exiting jails or prisons
6        who are at a high risk of developing a gambling
7        disorder.
8            (E) Providing education and training to
9        community-based organizations who work directly with
10        individuals who are experiencing gambling disorders
11        and those individuals' families and communities.
12            (F) Providing education and training on gambling
13        disorder prevention and response to the judicial
14        system.
15            (G) Informing communities of the impact gambling
16        disorder has on suicidal ideation and suicide attempts
17        and the role health care professionals can have in
18        identifying appropriate treatment.
19            (H) Producing and distributing targeted mass media
20        materials on gambling disorder prevention and
21        response, and the potential dangers of gambling
22        related stigma.
23    (e) Grants.
24        (1) The Department may award grants, in accordance
25    with this subsection, to create or support local gambling
26    prevention, recognition, and response projects. Local

 

 

HB4975- 26 -LRB103 38674 KTG 68811 b

1    health departments, correctional institutions, hospitals,
2    universities, community-based organizations, and
3    faith-based organizations may apply to the Department for
4    a grant under this subsection at the time and in the manner
5    the Department prescribes.
6        (2) In awarding grants, the Department shall consider
7    the necessity for gambling disorder prevention projects in
8    various settings and shall encourage all grant applicants
9    to develop interventions that will be effective and viable
10    in their local areas.
11        (3) In addition to moneys appropriated by the General
12    Assembly, the Department may seek grants from private
13    foundations, the federal government, and other sources to
14    fund the grants under this Section and to fund an
15    evaluation of the programs supported by the grants.
16        (4) The Department may award grants to create or
17    support local gambling treatment programs. Such programs
18    may include prevention, early intervention, residential
19    and outpatient treatment, and recovery support services
20    for gambling disorders. Local health departments,
21    hospitals, universities, community-based organizations,
22    and faith-based organizations may apply to the Department
23    for a grant under this subsection at the time and in the
24    manner the Department prescribes.
25(Source: P.A. 100-759, eff. 1-1-19; 101-31, eff. 6-28-19.)
 

 

 

HB4975- 27 -LRB103 38674 KTG 68811 b

1    (20 ILCS 301/10-10)
2    Sec. 10-10. Powers and duties of the Council. The Council
3shall:
4        (a) Advise the Department on ways to encourage public
5    understanding and support of the Department's programs.
6        (b) Advise the Department on regulations and licensure
7    proposed by the Department.
8        (c) Advise the Department in the formulation,
9    preparation, and implementation of the annual plan
10    submitted with the federal Substance Use Disorder Block
11    Grant application for prevention, early intervention,
12    treatment, and other recovery support services for
13    substance use disorders.
14        (d) Advise the Department on implementation of
15    substance use and gambling disorder education and
16    prevention programs throughout the State.
17        (e) Assist with incorporating into the annual plan
18    submitted with the federal Substance Use Disorder Block
19    Grant application, planning information specific to
20    Illinois' female population. The information shall
21    contain, but need not be limited to, the types of services
22    funded, the population served, the support services
23    available, and the goals, objectives, proposed methods of
24    achievement, service projections and cost estimate for the
25    upcoming year.
26        (f) Perform other duties as requested by the

 

 

HB4975- 28 -LRB103 38674 KTG 68811 b

1    Secretary.
2        (g) Advise the Department in the planning,
3    development, and coordination of programs among all
4    agencies and departments of State government, including
5    programs to reduce substance use and gambling disorders,
6    prevent the misuse of illegal and legal drugs by persons
7    of all ages, prevent gambling and gambling behaviors while
8    gaming by minors, and prevent the use of alcohol by
9    minors.
10        (h) Promote and encourage participation by the private
11    sector, including business, industry, labor, and the
12    media, in programs to prevent substance use and gambling
13    disorders.
14        (i) Encourage the implementation of programs to
15    prevent substance use and gambling disorders in the public
16    and private schools and educational institutions.
17        (j) Gather information, conduct hearings, and make
18    recommendations to the Secretary concerning additions,
19    deletions, or rescheduling of substances under the
20    Illinois Controlled Substances Act.
21        (k) Report as requested to the General Assembly
22    regarding the activities and recommendations made by the
23    Council.
24(Source: P.A. 100-759, eff. 1-1-19.)
 
25    (20 ILCS 301/10-15)

 

 

HB4975- 29 -LRB103 38674 KTG 68811 b

1    Sec. 10-15. Qualification and appointment of members. The
2membership of the Illinois Advisory Council may, as needed,
3consist of:
4        (a) A State's Attorney designated by the President of
5    the Illinois State's Attorneys Association.
6        (b) A judge designated by the Chief Justice of the
7    Illinois Supreme Court.
8        (c) A Public Defender appointed by the President of
9    the Illinois Public Defender Association.
10        (d) A local law enforcement officer appointed by the
11    Governor.
12        (e) A labor representative appointed by the Governor.
13        (f) An educator appointed by the Governor.
14        (g) A physician licensed to practice medicine in all
15    its branches appointed by the Governor with due regard for
16    the appointee's knowledge of the field of substance use
17    disorders.
18        (h) 4 members of the Illinois House of
19    Representatives, 2 each appointed by the Speaker and
20    Minority Leader.
21        (i) 4 members of the Illinois Senate, 2 each appointed
22    by the President and Minority Leader.
23        (j) The Chief Executive Officer of the Illinois
24    Association for Behavioral Health or his or her designee.
25        (k) An advocate for the needs of youth appointed by
26    the Governor.

 

 

HB4975- 30 -LRB103 38674 KTG 68811 b

1        (l) The President of the Illinois State Medical
2    Society or his or her designee.
3        (m) The President of the Illinois Hospital Association
4    or his or her designee.
5        (n) The President of the Illinois Nurses Association
6    or a registered nurse designated by the President.
7        (o) The President of the Illinois Pharmacists
8    Association or a licensed pharmacist designated by the
9    President.
10        (p) The President of the Illinois Chapter of the
11    Association of Labor-Management Administrators and
12    Consultants on Alcoholism.
13        (p-1) The Chief Executive Officer of the Community
14    Behavioral Healthcare Association of Illinois or his or
15    her designee.
16        (q) The Attorney General or his or her designee.
17        (r) The State Comptroller or his or her designee.
18        (s) 20 public members, 8 appointed by the Governor, 3
19    of whom shall be representatives of substance use or
20    gambling disorder treatment programs and one of whom shall
21    be a representative of a manufacturer or importing
22    distributor of alcoholic liquor licensed by the State of
23    Illinois, and 3 public members appointed by each of the
24    President and Minority Leader of the Senate and the
25    Speaker and Minority Leader of the House.
26        (t) The Director, Secretary, or other chief

 

 

HB4975- 31 -LRB103 38674 KTG 68811 b

1    administrative officer, ex officio, or his or her
2    designee, of each of the following: the Department on
3    Aging, the Department of Children and Family Services, the
4    Department of Corrections, the Department of Juvenile
5    Justice, the Department of Healthcare and Family Services,
6    the Department of Revenue, the Department of Public
7    Health, the Department of Financial and Professional
8    Regulation, the Illinois State Police, the Administrative
9    Office of the Illinois Courts, the Criminal Justice
10    Information Authority, and the Department of
11    Transportation.
12        (u) Each of the following, ex officio, or his or her
13    designee: the Secretary of State, the State Superintendent
14    of Education, and the Chairman of the Board of Higher
15    Education.
16    The public members may not be officers or employees of the
17executive branch of State government; however, the public
18members may be officers or employees of a State college or
19university or of any law enforcement agency. In appointing
20members, due consideration shall be given to the experience of
21appointees in the fields of medicine, law, prevention,
22correctional activities, and social welfare. Vacancies in the
23public membership shall be filled for the unexpired term by
24appointment in like manner as for original appointments, and
25the appointive members shall serve until their successors are
26appointed and have qualified. Vacancies among the public

 

 

HB4975- 32 -LRB103 38674 KTG 68811 b

1members appointed by the legislative leaders shall be filled
2by the leader of the same house and of the same political party
3as the leader who originally appointed the member.
4    Each non-appointive member may designate a representative
5to serve in his place by written notice to the Department. All
6General Assembly members shall serve until their respective
7successors are appointed or until termination of their
8legislative service, whichever occurs first. The terms of
9office for each of the members appointed by the Governor shall
10be for 3 years, except that of the members first appointed, 3
11shall be appointed for a term of one year, and 4 shall be
12appointed for a term of 2 years. The terms of office of each of
13the public members appointed by the legislative leaders shall
14be for 2 years.
15(Source: P.A. 102-538, eff. 8-20-21.)
 
16    (20 ILCS 301/15-5)
17    Sec. 15-5. Applicability.
18    (a) It is unlawful for any person to provide treatment for
19substance use or gambling disorders or to provide services as
20specified in subsections (a) and (b) of Section 15-10 of this
21Act unless the person is licensed to do so by the Department.
22The performance of these activities by any person in violation
23of this Act is declared to be inimical to the public health and
24welfare, and to be a public nuisance. The Department may
25undertake such inspections and investigations as it deems

 

 

HB4975- 33 -LRB103 38674 KTG 68811 b

1appropriate to determine whether licensable activities are
2being conducted without the requisite license.
3    (b) Nothing in this Act shall be construed to require any
4hospital, as defined by the Hospital Licensing Act, required
5to have a license from the Department of Public Health
6pursuant to the Hospital Licensing Act to obtain any license
7under this Act for any substance use disorder treatment
8services operated on the licensed premises of the hospital,
9and operated by the hospital or its designated agent, provided
10that such services are covered within the scope of the
11Hospital Licensing Act. No person or facility required to be
12licensed under this Act shall be required to obtain a license
13pursuant to the Hospital Licensing Act or the Child Care Act of
141969.
15    (c) Nothing in this Act shall be construed to require an
16individual employee of a licensed program to be licensed under
17this Act.
18    (d) Nothing in this Act shall be construed to require any
19private professional practice, whether by an individual
20practitioner, by a partnership, or by a duly incorporated
21professional service corporation, that provides outpatient
22treatment for substance use disorders to be licensed under
23this Act, provided that the treatment is rendered personally
24by the professional in his own name and the professional is
25authorized by individual professional licensure or
26registration from the Department of Financial and Professional

 

 

HB4975- 34 -LRB103 38674 KTG 68811 b

1Regulation to provide substance use disorder treatment
2unsupervised. This exemption shall not apply to such private
3professional practice that provides or holds itself out, as
4defined in Section 1-10, as providing substance use disorder
5outpatient treatment. This exemption shall also not apply to
6licensable intervention services, research, or residential
7treatment services as defined in this Act or by rule.
8    Notwithstanding any other provisions of this subsection to
9the contrary, persons licensed to practice medicine in all of
10its branches in Illinois shall not require licensure under
11this Act unless their private professional practice provides
12and holds itself out, as defined in Section 1-10, as providing
13substance use disorder outpatient treatment.
14    (e) Nothing in this Act shall be construed to require any
15employee assistance program operated by an employer or any
16intervenor program operated by a professional association to
17obtain any license pursuant to this Act to perform services
18that do not constitute licensable treatment or intervention as
19defined in this Act.
20    (f) Before any violation of this Act is reported by the
21Department or any of its agents to any State's Attorney for the
22institution of a criminal proceeding, the person against whom
23such proceeding is contemplated shall be given appropriate
24notice and an opportunity to present his views before the
25Department or its designated agent, either orally or in
26writing, in person or by an attorney, with regard to such

 

 

HB4975- 35 -LRB103 38674 KTG 68811 b

1contemplated proceeding. Nothing in this Act shall be
2construed as requiring the Department to report minor
3violations of this Act whenever the Department believes that
4the public interest would be adequately served by a suitable
5written notice or warning.
6(Source: P.A. 100-759, eff. 1-1-19.)
 
7    (20 ILCS 301/15-10)
8    Sec. 15-10. Licensure categories and services. No person
9or program may provide the services or conduct the activities
10described in this Section without first obtaining a license
11therefor from the Department, unless otherwise exempted under
12this Act. The Department shall, by rule, provide requirements
13for each of the following types of licenses and categories of
14service:
15        (a) Treatment: Categories of treatment service for a
16    substance use or gambling disorder authorized by a
17    treatment license are Early Intervention, Outpatient,
18    Intensive Outpatient/Partial Hospitalization, Subacute
19    Residential/Inpatient, and Withdrawal Management.
20    Medication assisted treatment that includes methadone used
21    for an opioid use disorder can be licensed as an adjunct to
22    any of the treatment levels of care specified in this
23    Section.
24        (b) Intervention: Categories of intervention service
25    authorized by an intervention license are DUI Evaluation,

 

 

HB4975- 36 -LRB103 38674 KTG 68811 b

1    DUI Risk Education, Designated Program, and Recovery Homes
2    for persons in any stage of recovery from a substance use
3    or gambling disorder. Harm Reduction Services is another
4    category of intervention licensure that may be issued if
5    and when legal authorization is adopted to allow for
6    services and upon adoption of administrative or funding
7    rules that govern the delivery of these services.
8    The Department may, under procedures established by rule
9and upon a showing of good cause for such, exempt off-site
10services from having to obtain a separate license for services
11conducted away from the provider's licensed location.
12(Source: P.A. 100-759, eff. 1-1-19.)
 
13    (20 ILCS 301/20-5)
14    Sec. 20-5. Development of statewide prevention system.
15    (a) The Department shall develop and implement a
16comprehensive, statewide, community-based strategy to reduce
17substance use and gambling disorders and prevent the misuse of
18illegal and legal drugs by persons of all ages, and to prevent
19the use of alcohol by minors. The system created to implement
20this strategy shall be based on the premise that coordination
21among and integration between all community and governmental
22systems will facilitate effective and efficient program
23implementation and utilization of existing resources.
24    (b) The statewide system developed under this Section may
25be adopted by administrative rule or funded as a grant award

 

 

HB4975- 37 -LRB103 38674 KTG 68811 b

1condition and shall be responsible for:
2        (1) Providing programs and technical assistance to
3    improve the ability of Illinois communities and schools to
4    develop, implement and evaluate prevention programs.
5        (2) Initiating and fostering continuing cooperation
6    among the Department, Department-funded prevention
7    programs, other community-based prevention providers and
8    other State, regional, or local systems or agencies that
9    have an interest in substance use disorder prevention.
10    (c) In developing, implementing, and advocating for this
11statewide strategy and system, the Department may engage in,
12but shall not be limited to, the following activities:
13        (1) Establishing and conducting programs to provide
14    awareness and knowledge of the nature and extent of
15    substance use and gambling disorders and their effect on
16    individuals, families, and communities.
17        (2) Conducting or providing prevention skill building
18    or education through the use of structured experiences.
19        (3) Developing, supporting, and advocating with new
20    and existing local community coalitions or
21    neighborhood-based grassroots networks using action
22    planning and collaborative systems to initiate change
23    regarding substance use and gambling disorders in their
24    communities.
25        (4) Encouraging, supporting, and advocating for
26    programs and activities that emphasize alcohol-free and

 

 

HB4975- 38 -LRB103 38674 KTG 68811 b

1    other drug-free lifestyles.
2        (5) Drafting and implementing efficient plans for the
3    use of available resources to address issues of substance
4    use disorder prevention.
5        (6) Coordinating local programs of alcoholism and
6    other drug abuse education and prevention.
7        (7) Encouraging the development of local advisory
8    councils.
9    (d) In providing leadership to this system, the Department
10shall take into account, wherever possible, the needs and
11requirements of local communities. The Department shall also
12involve, wherever possible, local communities in its statewide
13planning efforts. These planning efforts shall include, but
14shall not be limited to, in cooperation with local community
15representatives and Department-funded agencies, the analysis
16and application of results of local needs assessments, as well
17as a process for the integration of an evaluation component
18into the system. The results of this collaborative planning
19effort shall be taken into account by the Department in making
20decisions regarding the allocation of prevention resources.
21    (e) Prevention programs funded in whole or in part by the
22Department shall maintain staff whose skills, training,
23experiences and cultural awareness demonstrably match the
24needs of the people they are serving.
25    (f) The Department may delegate the functions and
26activities described in subsection (c) of this Section to

 

 

HB4975- 39 -LRB103 38674 KTG 68811 b

1local, community-based providers.
2(Source: P.A. 100-759, eff. 1-1-19.)
 
3    (20 ILCS 301/25-5)
4    Sec. 25-5. Establishment of comprehensive treatment
5system. The Department shall develop, fund and implement a
6comprehensive, statewide, community-based system for the
7provision of early intervention, treatment, and recovery
8support services for persons suffering from substance use or
9gambling disorders. The system created under this Section
10shall be based on the premise that coordination among and
11integration between all community and governmental systems
12will facilitate effective and efficient program implementation
13and utilization of existing resources.
14(Source: P.A. 100-759, eff. 1-1-19.)
 
15    (20 ILCS 301/25-10)
16    Sec. 25-10. Promulgation of regulations. The Department
17shall adopt regulations for licensure, certification for
18Medicaid reimbursement, and to identify evidence-based best
19practice criteria that can be utilized for intervention and
20treatment services, taking into consideration available
21resources and facilities, for the purpose of early and
22effective treatment of substance use and gambling disorders.
23(Source: P.A. 100-759, eff. 1-1-19.)
 

 

 

HB4975- 40 -LRB103 38674 KTG 68811 b

1    (20 ILCS 301/30-5)
2    Sec. 30-5. Patients' rights established.
3    (a) For purposes of this Section, "patient" means any
4person who is receiving or has received early intervention,
5treatment, or other recovery support services under this Act
6or any category of service licensed as "intervention" under
7this Act.
8    (b) No patient shall be deprived of any rights, benefits,
9or privileges guaranteed by law, the Constitution of the
10United States of America, or the Constitution of the State of
11Illinois solely because of his or her status as a patient.
12    (c) Persons who have substance use or gambling disorders
13who are also suffering from medical conditions shall not be
14discriminated against in admission or treatment by any
15hospital that receives support in any form supported in whole
16or in part by funds appropriated to any State department or
17agency.
18    (d) Every patient shall have impartial access to services
19without regard to race, religion, sex, ethnicity, age, sexual
20orientation, gender identity, marital status, or other
21disability.
22    (e) Patients shall be permitted the free exercise of
23religion.
24    (f) Every patient's personal dignity shall be recognized
25in the provision of services, and a patient's personal privacy
26shall be assured and protected within the constraints of his

 

 

HB4975- 41 -LRB103 38674 KTG 68811 b

1or her individual treatment.
2    (g) Treatment services shall be provided in the least
3restrictive environment possible.
4    (h) Each patient receiving treatment services shall be
5provided an individual treatment plan, which shall be
6periodically reviewed and updated as mandated by
7administrative rule.
8    (i) Treatment shall be person-centered, meaning that every
9patient shall be permitted to participate in the planning of
10his or her total care and medical treatment to the extent that
11his or her condition permits.
12    (j) A person shall not be denied treatment solely because
13he or she has withdrawn from treatment against medical advice
14on a prior occasion or had prior treatment episodes.
15    (k) The patient in residential treatment shall be
16permitted visits by family and significant others, unless such
17visits are clinically contraindicated.
18    (l) A patient in residential treatment shall be allowed to
19conduct private telephone conversations with family and
20friends unless clinically contraindicated.
21    (m) A patient in residential treatment shall be permitted
22to send and receive mail without hindrance, unless clinically
23contraindicated.
24    (n) A patient shall be permitted to manage his or her own
25financial affairs unless the patient or the patient's
26guardian, or if the patient is a minor, the patient's parent,

 

 

HB4975- 42 -LRB103 38674 KTG 68811 b

1authorizes another competent person to do so.
2    (o) A patient shall be permitted to request the opinion of
3a consultant at his or her own expense, or to request an
4in-house review of a treatment plan, as provided in the
5specific procedures of the provider. A treatment provider is
6not liable for the negligence of any consultant.
7    (p) Unless otherwise prohibited by State or federal law,
8every patient shall be permitted to obtain from his or her own
9physician, the treatment provider, or the treatment provider's
10consulting physician complete and current information
11concerning the nature of care, procedures, and treatment that
12he or she will receive.
13    (q) A patient shall be permitted to refuse to participate
14in any experimental research or medical procedure without
15compromising his or her access to other, non-experimental
16services. Before a patient is placed in an experimental
17research or medical procedure, the provider must first obtain
18his or her informed written consent or otherwise comply with
19the federal requirements regarding the protection of human
20subjects contained in 45 CFR Part 46.
21    (r) All medical treatment and procedures shall be
22administered as ordered by a physician and in accordance with
23all Department rules.
24    (s) Every patient in treatment shall be permitted to
25refuse medical treatment and to know the consequences of such
26action. Such refusal by a patient shall free the treatment

 

 

HB4975- 43 -LRB103 38674 KTG 68811 b

1licensee from the obligation to provide the treatment.
2    (t) Unless otherwise prohibited by State or federal law,
3every patient, patient's guardian, or parent, if the patient
4is a minor, shall be permitted to inspect and copy all clinical
5and other records kept by the intervention or treatment
6licensee or by his or her physician concerning his or her care
7and maintenance. The licensee or physician may charge a
8reasonable fee for the duplication of a record.
9    (u) No owner, licensee, administrator, employee, or agent
10of a licensed intervention or treatment program shall abuse or
11neglect a patient. It is the duty of any individual who becomes
12aware of such abuse or neglect to report it to the Department
13immediately.
14    (v) The licensee may refuse access to any person if the
15actions of that person are or could be injurious to the health
16and safety of a patient or the licensee, or if the person seeks
17access for commercial purposes.
18    (w) All patients admitted to community-based treatment
19facilities shall be considered voluntary treatment patients
20and such patients shall not be contained within a locked
21setting.
22    (x) Patients and their families or legal guardians shall
23have the right to present complaints to the provider or the
24Department concerning the quality of care provided to the
25patient, without threat of discharge or reprisal in any form
26or manner whatsoever. The complaint process and procedure

 

 

HB4975- 44 -LRB103 38674 KTG 68811 b

1shall be adopted by the Department by rule. The treatment
2provider shall have in place a mechanism for receiving and
3responding to such complaints, and shall inform the patient
4and the patient's family or legal guardian of this mechanism
5and how to use it. The provider shall analyze any complaint
6received and, when indicated, take appropriate corrective
7action. Every patient and his or her family member or legal
8guardian who makes a complaint shall receive a timely response
9from the provider that substantively addresses the complaint.
10The provider shall inform the patient and the patient's family
11or legal guardian about other sources of assistance if the
12provider has not resolved the complaint to the satisfaction of
13the patient or the patient's family or legal guardian.
14    (y) A patient may refuse to perform labor at a program
15unless such labor is a part of the patient's individual
16treatment plan as documented in the patient's clinical record.
17    (z) A person who is in need of services may apply for
18voluntary admission in the manner and with the rights provided
19for under regulations promulgated by the Department. If a
20person is refused admission, then staff, subject to rules
21promulgated by the Department, shall refer the person to
22another facility or to other appropriate services.
23    (aa) No patient shall be denied services based solely on
24HIV status. Further, records and information governed by the
25AIDS Confidentiality Act and the AIDS Confidentiality and
26Testing Code (77 Ill. Adm. Code 697) shall be maintained in

 

 

HB4975- 45 -LRB103 38674 KTG 68811 b

1accordance therewith.
2    (bb) Records of the identity, diagnosis, prognosis or
3treatment of any patient maintained in connection with the
4performance of any service or activity relating to substance
5use or gambling disorder education, early intervention,
6intervention, training, or treatment that is regulated,
7authorized, or directly or indirectly assisted by any
8Department or agency of this State or under any provision of
9this Act shall be confidential and may be disclosed only in
10accordance with the provisions of federal law and regulations
11concerning the confidentiality of substance use disorder
12patient records as contained in 42 U.S.C. Sections 290dd-2 and
1342 CFR Part 2, or any successor federal statute or regulation.
14        (1) The following are exempt from the confidentiality
15    protections set forth in 42 CFR Section 2.12(c):
16            (A) Veteran's Administration records.
17            (B) Information obtained by the Armed Forces.
18            (C) Information given to qualified service
19        organizations.
20            (D) Communications within a program or between a
21        program and an entity having direct administrative
22        control over that program.
23            (E) Information given to law enforcement personnel
24        investigating a patient's commission of a crime on the
25        program premises or against program personnel.
26            (F) Reports under State law of incidents of

 

 

HB4975- 46 -LRB103 38674 KTG 68811 b

1        suspected child abuse and neglect; however,
2        confidentiality restrictions continue to apply to the
3        records and any follow-up information for disclosure
4        and use in civil or criminal proceedings arising from
5        the report of suspected abuse or neglect.
6        (2) If the information is not exempt, a disclosure can
7    be made only under the following circumstances:
8            (A) With patient consent as set forth in 42 CFR
9        Sections 2.1(b)(1) and 2.31, and as consistent with
10        pertinent State law.
11            (B) For medical emergencies as set forth in 42 CFR
12        Sections 2.1(b)(2) and 2.51.
13            (C) For research activities as set forth in 42 CFR
14        Sections 2.1(b)(2) and 2.52.
15            (D) For audit evaluation activities as set forth
16        in 42 CFR Section 2.53.
17            (E) With a court order as set forth in 42 CFR
18        Sections 2.61 through 2.67.
19        (3) The restrictions on disclosure and use of patient
20    information apply whether the holder of the information
21    already has it, has other means of obtaining it, is a law
22    enforcement or other official, has obtained a subpoena, or
23    asserts any other justification for a disclosure or use
24    that is not permitted by 42 CFR Part 2. Any court orders
25    authorizing disclosure of patient records under this Act
26    must comply with the procedures and criteria set forth in

 

 

HB4975- 47 -LRB103 38674 KTG 68811 b

1    42 CFR Sections 2.64 and 2.65. Except as authorized by a
2    court order granted under this Section, no record referred
3    to in this Section may be used to initiate or substantiate
4    any charges against a patient or to conduct any
5    investigation of a patient.
6        (4) The prohibitions of this subsection shall apply to
7    records concerning any person who has been a patient,
8    regardless of whether or when the person ceases to be a
9    patient.
10        (5) Any person who discloses the content of any record
11    referred to in this Section except as authorized shall,
12    upon conviction, be guilty of a Class A misdemeanor.
13        (6) The Department shall prescribe regulations to
14    carry out the purposes of this subsection. These
15    regulations may contain such definitions, and may provide
16    for such safeguards and procedures, including procedures
17    and criteria for the issuance and scope of court orders,
18    as in the judgment of the Department are necessary or
19    proper to effectuate the purposes of this Section, to
20    prevent circumvention or evasion thereof, or to facilitate
21    compliance therewith.
22    (cc) Each patient shall be given a written explanation of
23all the rights enumerated in this Section and a copy, signed by
24the patient, shall be kept in every patient record. If a
25patient is unable to read such written explanation, it shall
26be read to the patient in a language that the patient

 

 

HB4975- 48 -LRB103 38674 KTG 68811 b

1understands. A copy of all the rights enumerated in this
2Section shall be posted in a conspicuous place within the
3program where it may readily be seen and read by program
4patients and visitors.
5    (dd) The program shall ensure that its staff is familiar
6with and observes the rights and responsibilities enumerated
7in this Section.
8    (ee) Licensed organizations shall comply with the right of
9any adolescent to consent to treatment without approval of the
10parent or legal guardian in accordance with the Consent by
11Minors to Health Care Services Act.
12    (ff) At the point of admission for services, licensed
13organizations must obtain written informed consent, as defined
14in Section 1-10 and in administrative rule, from each client,
15patient, or legal guardian.
16(Source: P.A. 102-813, eff. 5-13-22.)
 
17    (20 ILCS 301/35-5)
18    Sec. 35-5. Services for pregnant women and mothers.
19    (a) In order to promote a comprehensive, statewide and
20multidisciplinary approach to serving pregnant women and
21mothers, including those who are minors, and their children
22who are affected by substance use or gambling disorders, the
23Department shall have responsibility for an ongoing exchange
24of referral information among the following:
25        (1) those who provide medical and social services to

 

 

HB4975- 49 -LRB103 38674 KTG 68811 b

1    pregnant women, mothers and their children, whether or not
2    there exists evidence of a substance use or gambling
3    disorder. These include any other State-funded medical or
4    social services to pregnant women.
5        (2) providers of treatment services to women affected
6    by substance use or gambling disorders.
7    (b) (Blank).
8    (c) (Blank).
9    (d) (Blank).
10    (e) (Blank).
11    (f) The Department shall develop and maintain an updated
12and comprehensive directory of licensed providers that deliver
13treatment and intervention services. The Department shall post
14on its website a licensed provider directory updated at least
15quarterly.
16    (g) As a condition of any State grant or contract, the
17Department shall require that any treatment program for women
18with substance use or gambling disorders provide services,
19either by its own staff or by agreement with other agencies or
20individuals, which include but need not be limited to the
21following:
22        (1) coordination with any program providing case
23    management services to ensure ongoing monitoring and
24    coordination of services after the addicted woman has
25    returned home.
26        (2) coordination with medical services for individual

 

 

HB4975- 50 -LRB103 38674 KTG 68811 b

1    medical care of pregnant women, including prenatal care
2    under the supervision of a physician.
3        (3) coordination with child care services.
4    (h) As a condition of any State grant or contract, the
5Department shall require that any nonresidential program
6receiving any funding for treatment services accept women who
7are pregnant, provided that such services are clinically
8appropriate. Failure to comply with this subsection shall
9result in termination of the grant or contract and loss of
10State funding.
11    (i)(1) From funds appropriated expressly for the purposes
12of this Section, the Department shall create or contract with
13licensed, certified agencies to develop a program for the care
14and treatment of pregnant women, mothers and their children.
15The program shall be in Cook County in an area of high density
16population having a disproportionate number of women with
17substance use and other disorders and a high infant mortality
18rate.
19    (2) From funds appropriated expressly for the purposes of
20this Section, the Department shall create or contract with
21licensed, certified agencies to develop a program for the care
22and treatment of low income pregnant women. The program shall
23be located anywhere in the State outside of Cook County in an
24area of high density population having a disproportionate
25number of low income pregnant women.
26    (3) In implementing the programs established under this

 

 

HB4975- 51 -LRB103 38674 KTG 68811 b

1subsection, the Department shall contract with existing
2residential treatment or recovery homes in areas having a
3disproportionate number of women with substance use and other
4disorders who need residential treatment. Priority shall be
5given to women who:
6        (A) are pregnant, especially if they are intravenous
7    drug users,
8        (B) have minor children,
9        (C) are both pregnant and have minor children, or
10        (D) are referred by medical personnel because they
11    either have given birth to a baby with a substance use
12    disorder, or will give birth to a baby with a substance use
13    disorder.
14    (4) The services provided by the programs shall include
15but not be limited to:
16        (A) individual medical care, including prenatal care,
17    under the supervision of a physician.
18        (B) temporary, residential shelter for pregnant women,
19    mothers and children when necessary.
20        (C) a range of educational or counseling services.
21        (D) comprehensive and coordinated social services,
22    including therapy groups for the treatment of substance
23    use disorders; family therapy groups; programs to develop
24    positive self-awareness; parent-child therapy; and
25    residential support groups.
26    (5) (Blank).

 

 

HB4975- 52 -LRB103 38674 KTG 68811 b

1(Source: P.A. 100-759, eff. 1-1-19.)
 
2    (20 ILCS 301/35-10)
3    Sec. 35-10. Adolescent Family Life Program.
4    (a) The General Assembly finds and declares the following:
5        (1) In Illinois, a substantial number of babies are
6    born each year to adolescent mothers between 12 and 19
7    years of age.
8        (2) A substantial percentage of pregnant adolescents
9    have substance use disorders or live in environments in
10    which substance use disorders occur and thus are at risk
11    of exposing their infants to dangerous and harmful
12    circumstances.
13        (3) It is difficult to provide substance use disorder
14    counseling for adolescents in settings designed to serve
15    adults.
16    (b) To address the findings set forth in subsection (a),
17and subject to appropriation, the Department may establish and
18fund treatment strategies to meet the developmental, social,
19and educational needs of high-risk pregnant adolescents and
20shall do the following:
21        (1) To the maximum extent feasible and appropriate,
22    utilize existing services and funding rather than create
23    new, duplicative services.
24        (2) Include plans for coordination and collaboration
25    with existing perinatal substance use disorder services.

 

 

HB4975- 53 -LRB103 38674 KTG 68811 b

1        (3) Include goals and objectives for reducing the
2    incidence of high-risk pregnant adolescents.
3        (4) Be culturally and linguistically appropriate to
4    the population being served.
5        (5) Include staff development training by substance
6    use and other disorder counselors.
7    As used in this Section, "high-risk pregnant adolescent"
8means a person at least 12 but not more than 18 years of age
9with a substance use or other disorder who is pregnant.
10    (c) (Blank).
11(Source: P.A. 100-759, eff. 1-1-19.)
 
12    (20 ILCS 301/50-40)
13    Sec. 50-40. Group Home Loan Revolving Fund.
14    (a) There is hereby established the Group Home Loan
15Revolving Fund, referred to in this Section as the "fund", to
16be held as a separate fund within the State Treasury. Monies in
17this fund shall be appropriated to the Department on a
18continuing annual basis. With these funds, the Department
19shall, directly or through subcontract, make loans to assist
20in underwriting the costs of housing in which there may reside
21individuals who are recovering from substance use or gambling
22disorders, and who are seeking an alcohol-free, gambling-free,
23or drug-free environment in which to live. Consistent with
24federal law and regulation, the Department may establish
25guidelines for approving the use and management of monies

 

 

HB4975- 54 -LRB103 38674 KTG 68811 b

1loaned from the fund, the operation of group homes receiving
2loans under this Section and the repayment of monies loaned.
3    (b) There shall be deposited into the fund such amounts
4including, but not limited to:
5        (1) All receipts, including principal and interest
6    payments and royalties, from any applicable loan agreement
7    made from the fund.
8        (2) All proceeds of assets of whatever nature received
9    by the Department as a result of default or delinquency
10    with respect to loan agreements made from the fund,
11    including proceeds from the sale, disposal, lease or
12    rental of real or personal property that the Department
13    may receive as a result thereof.
14        (3) Any direct appropriations made by the General
15    Assembly, or any gifts or grants made by any person to the
16    fund.
17        (4) Any income received from interest on investments
18    of monies in the fund.
19    (c) The Treasurer may invest monies in the fund in
20securities constituting obligations of the United States
21government, or in obligations the principal of and interest on
22which are guaranteed by the United States government, or in
23certificates of deposit of any State or national bank which
24are fully secured by obligations guaranteed as to principal
25and interest by the United States government.
26(Source: P.A. 100-759, eff. 1-1-19.)
 

 

 

HB4975- 55 -LRB103 38674 KTG 68811 b

1    (20 ILCS 301/55-30)
2    Sec. 55-30. Rate increase.
3    (a) The Department shall by rule develop the increased
4rate methodology and annualize the increased rate beginning
5with State fiscal year 2018 contracts to licensed providers of
6community-based substance use and gambling disorders disorder
7intervention or treatment, based on the additional amounts
8appropriated for the purpose of providing a rate increase to
9licensed providers. The Department shall adopt rules,
10including emergency rules under subsection (y) of Section 5-45
11of the Illinois Administrative Procedure Act, to implement the
12provisions of this Section.
13    (b) (Blank).
14    (c) Beginning on July 1, 2022, the Division of Substance
15Use Prevention and Recovery shall increase reimbursement rates
16for all community-based substance use disorder treatment and
17intervention services by 47%, including, but not limited to,
18all of the following:
19        (1) Admission and Discharge Assessment.
20        (2) Level 1 (Individual).
21        (3) Level 1 (Group).
22        (4) Level 2 (Individual).
23        (5) Level 2 (Group).
24        (6) Case Management.
25        (7) Psychiatric Evaluation.

 

 

HB4975- 56 -LRB103 38674 KTG 68811 b

1        (8) Medication Assisted Recovery.
2        (9) Community Intervention.
3        (10) Early Intervention (Individual).
4        (11) Early Intervention (Group).
5    Beginning in State Fiscal Year 2023, and every State
6fiscal year thereafter, reimbursement rates for those
7community-based substance use disorder treatment and
8intervention services shall be adjusted upward by an amount
9equal to the Consumer Price Index-U from the previous year,
10not to exceed 2% in any State fiscal year. If there is a
11decrease in the Consumer Price Index-U, rates shall remain
12unchanged for that State fiscal year. The Department shall
13adopt rules, including emergency rules in accordance with the
14Illinois Administrative Procedure Act, to implement the
15provisions of this Section.
16    As used in this subsection, "consumer price index-u" means
17the index published by the Bureau of Labor Statistics of the
18United States Department of Labor that measures the average
19change in prices of goods and services purchased by all urban
20consumers, United States city average, all items, 1982-84 =
21100.
22    (d) Beginning on January 1, 2024, subject to federal
23approval, the Division of Substance Use Prevention and
24Recovery shall increase reimbursement rates for all ASAM level
253 residential/inpatient substance use disorder treatment and
26intervention services by 30%, including, but not limited to,

 

 

HB4975- 57 -LRB103 38674 KTG 68811 b

1the following services:
2        (1) ASAM level 3.5 Clinically Managed High-Intensity
3    Residential Services for adults;
4        (2) ASAM level 3.5 Clinically Managed Medium-Intensity
5    Residential Services for adolescents;
6        (3) ASAM level 3.2 Clinically Managed Residential
7    Withdrawal Management;
8        (4) ASAM level 3.7 Medically Monitored Intensive
9    Inpatient Services for adults and Medically Monitored
10    High-Intensity Inpatient Services for adolescents; and
11        (5) ASAM level 3.1 Clinically Managed Low-Intensity
12    Residential Services for adults and adolescents.
13(Source: P.A. 102-699, eff. 4-19-22; 103-102, eff. 6-16-23.)
 
14    (20 ILCS 301/55-40)
15    Sec. 55-40. Recovery residences.
16    (a) As used in this Section, "recovery residence" means a
17sober, safe, and healthy living environment that promotes
18recovery from alcohol and other drug use and associated
19problems. These residences are not subject to Department
20licensure as they are viewed as independent living residences
21that only provide peer support and a lengthened exposure to
22the culture of recovery.
23    (b) The Department shall develop and maintain an online
24registry for recovery residences that operate in Illinois to
25serve as a resource for individuals seeking continued recovery

 

 

HB4975- 58 -LRB103 38674 KTG 68811 b

1assistance.
2    (c) Non-licensable recovery residences are encouraged to
3register with the Department and the registry shall be
4publicly available through online posting.
5    (d) The registry shall indicate any accreditation,
6certification, or licensure that each recovery residence has
7received from an entity that has developed uniform national
8standards. The registry shall also indicate each recovery
9residence's location in order to assist providers and
10individuals in finding alcohol, gambling, and drug free
11housing options with like-minded residents who are committed
12to alcohol, gambling, and drug free living.
13    (e) Registrants are encouraged to seek national
14accreditation from any entity that has developed uniform State
15or national standards for recovery residences.
16    (f) The Department shall include a disclaimer on the
17registry that states that the recovery residences are not
18regulated by the Department and their listing is provided as a
19resource but not as an endorsement by the State.
20(Source: P.A. 100-1062, eff. 1-1-19; 101-81, eff. 7-12-19.)

 

 

HB4975- 59 -LRB103 38674 KTG 68811 b

1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 301/1-5
4    20 ILCS 301/1-10
5    20 ILCS 301/5-5
6    20 ILCS 301/5-10
7    20 ILCS 301/5-20
8    20 ILCS 301/10-10
9    20 ILCS 301/10-15
10    20 ILCS 301/15-5
11    20 ILCS 301/15-10
12    20 ILCS 301/20-5
13    20 ILCS 301/25-5
14    20 ILCS 301/25-10
15    20 ILCS 301/30-5
16    20 ILCS 301/35-5
17    20 ILCS 301/35-10
18    20 ILCS 301/50-40
19    20 ILCS 301/55-30
20    20 ILCS 301/55-40