Illinois General Assembly - Full Text of SB4197
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB4197  102nd General Assembly

SB4197 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB4197

 

Introduced 3/22/2022, by Sen. Mattie Hunter

 

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.


LRB102 24221 KTG 33450 b

 

 

A BILL FOR

 

SB4197LRB102 24221 KTG 33450 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,
715-10, 20-5, 25-5, 25-10, 30-5, 35-5, 35-10, 40-5, 40-10,
840-15,40-20, 45-5, 45-10, 45-15, 45-20, 45-25, 45-30, 45-35,
945-40, 45-45, 45-50, 45-55, 50-5, 50-10, 50-20, 50-25, 50-30,
1050-40, 55-30, 55-35, and 55-40, as follows:
 
11    (20 ILCS 301/1-5)
12    Sec. 1-5. Legislative declaration. Substance use and
13gambling disorders, as defined in this Act, constitute a
14serious public health problem. The effects on public safety
15and the criminal justice system cause serious social and
16economic losses, as well as great human suffering. It is
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

 

 

SB4197- 2 -LRB102 24221 KTG 33450 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.

 

 

SB4197- 3 -LRB102 24221 KTG 33450 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.

 

 

SB4197- 4 -LRB102 24221 KTG 33450 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.

 

 

SB4197- 5 -LRB102 24221 KTG 33450 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

 

 

SB4197- 6 -LRB102 24221 KTG 33450 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

 

 

SB4197- 7 -LRB102 24221 KTG 33450 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,

 

 

SB4197- 8 -LRB102 24221 KTG 33450 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 addresses the needs of at-risk
25    individuals and their families.

 

 

SB4197- 9 -LRB102 24221 KTG 33450 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

 

 

SB4197- 10 -LRB102 24221 KTG 33450 b

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

 

 

SB4197- 11 -LRB102 24221 KTG 33450 b

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

 

 

SB4197- 12 -LRB102 24221 KTG 33450 b

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

 

 

SB4197- 13 -LRB102 24221 KTG 33450 b

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

 

 

SB4197- 14 -LRB102 24221 KTG 33450 b

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

 

 

SB4197- 15 -LRB102 24221 KTG 33450 b

1    this Act, and assist in the placement of individuals who
2    are under court order to participate in treatment.
3        (10) Identify and disseminate evidence-based best
4    practice guidelines as maintained in administrative rule
5    that can be utilized to determine a substance use or
6    gambling disorder diagnosis.
7        (11) (Blank).
8        (12) Make grants with funds appropriated from the Drug
9    Treatment Fund in accordance with Section 7 of the
10    Controlled Substance and Cannabis Nuisance Act, or in
11    accordance with Section 80 of the Methamphetamine Control
12    and Community Protection Act, or in accordance with
13    subsections (h) and (i) of Section 411.2 of the Illinois
14    Controlled Substances Act, or in accordance with Section
15    6z-107 of the State Finance Act.
16        (13) Encourage all health and disability insurance
17    programs to include substance use and gambling disorder
18    treatment as a covered services service and to use
19    evidence-based best practice criteria as maintained in
20    administrative rule and as required in Public Act 99-0480
21    in determining the necessity for such services and
22    continued stay.
23        (14) Award grants and enter into fixed-rate and
24    fee-for-service arrangements with any other department,
25    authority or commission of this State, or any other state
26    or the federal government or with any public or private

 

 

SB4197- 16 -LRB102 24221 KTG 33450 b

1    agency, including the disbursement of funds and furnishing
2    of staff, to effectuate the purposes of this Act.
3        (15) Conduct a public information campaign to inform
4    the State's Hispanic residents regarding the prevention
5    and treatment of substance use or gambling disorders.
6    (b) In addition to the powers, duties and functions vested
7in it by this Act, or by other laws of this State, the
8Department may undertake, but shall not be limited to, the
9following activities:
10        (1) Require all organizations licensed or funded by
11    the Department to include an education component to inform
12    participants regarding the causes and means of
13    transmission and methods of reducing the risk of acquiring
14    or transmitting HIV infection and other infectious
15    diseases, and to include funding for such education
16    component in its support of the program.
17        (2) Review all State agency applications for federal
18    funds that include provisions relating to the prevention,
19    early intervention and treatment of substance use or
20    gambling disorders in order to ensure consistency.
21        (3) Prepare, publish, evaluate, disseminate and serve
22    as a central repository for educational materials dealing
23    with the nature and effects of substance use or gambling
24    disorders. Such materials may deal with the educational
25    needs of the citizens of Illinois, and may include at
26    least pamphlets that describe the causes and effects of

 

 

SB4197- 17 -LRB102 24221 KTG 33450 b

1    fetal alcohol spectrum disorders.
2        (4) Develop and coordinate, with regional and local
3    agencies, education and training programs for persons
4    engaged in providing services for persons with substance
5    use or gambling disorders, which programs may include
6    specific HIV education and training for program personnel.
7        (5) Cooperate with and assist in the development of
8    education, prevention, early intervention, and treatment
9    programs for employees of State and local governments and
10    businesses in the State.
11        (6) Utilize the support and assistance of interested
12    persons in the community, including recovering persons, to
13    assist individuals and communities in understanding the
14    dynamics of substance use or gambling disorders, and to
15    encourage individuals with these substance use disorders
16    to voluntarily undergo treatment.
17        (7) Promote, conduct, assist or sponsor basic
18    clinical, epidemiological and statistical research into
19    substance use or gambling disorders and research into the
20    prevention of those problems either solely or in
21    conjunction with any public or private agency.
22        (8) Cooperate with public and private agencies,
23    organizations, institutions of higher education, and
24    individuals in the development of programs, and to provide
25    technical assistance and consultation services for this
26    purpose.

 

 

SB4197- 18 -LRB102 24221 KTG 33450 b

1        (9) (Blank).
2        (10) (Blank).
3        (11) Fund, promote, or assist entities dealing with
4    substance use or gambling disorders.
5        (12) With monies appropriated from the Group Home Loan
6    Revolving Fund, make loans, directly or through
7    subcontract, to assist in underwriting the costs of
8    housing in which individuals recovering from substance use
9    or gambling disorders may reside, pursuant to Section
10    50-40 of this Act.
11        (13) Promulgate such regulations as may be necessary
12    to carry out the purposes and enforce the provisions of
13    this Act.
14        (14) Provide funding to help parents be effective in
15    preventing substance use or gambling disorders by building
16    an awareness of the family's role in preventing these
17    substance use disorders through adjusting expectations,
18    developing new skills, and setting positive family goals.
19    The programs shall include, but not be limited to, the
20    following subjects: healthy family communication;
21    establishing rules and limits; how to reduce family
22    conflict; how to build self-esteem, competency, and
23    responsibility in children; how to improve motivation and
24    achievement; effective discipline; problem solving
25    techniques; healthy gaming and play habits; appropriate
26    financial planning and investment strategies; how to talk

 

 

SB4197- 19 -LRB102 24221 KTG 33450 b

1    about gambling and related activities; and how to talk
2    about substance use or gambling drugs and alcohol. The
3    programs shall be open to all parents.
4(Source: P.A. 101-10, eff. 6-5-19; 102-538, eff. 8-20-21.)
 
5    (20 ILCS 301/5-20)
6    Sec. 5-20. Gambling disorders.
7    (a) Subject to appropriation, the Department shall
8establish a program for public education, research, and
9training regarding gambling disorders and the treatment and
10prevention of gambling disorders. Subject to specific
11appropriation for these stated purposes, the program must
12include all of the following:
13        (1) Establishment and maintenance of a toll-free
14    hotline and website "800" telephone number to provide
15    crisis counseling and referral services for to families
16    experiencing difficulty related to a as a result of
17    gambling disorder disorders.
18        (2) Promotion of public awareness regarding the
19    recognition and prevention of gambling disorders.
20    Promotion of public awareness to create a gambling
21    informed State regarding the impact of gambling disorders
22    on individuals, families, and communities and the stigma
23    that surrounds gambling disorders.
24        (3) Facilitation, through in-service training,
25    certification promotion, and other innovative means, of

 

 

SB4197- 20 -LRB102 24221 KTG 33450 b

1    the availability of effective assistance programs for
2    gambling disorders.
3        (4) Conducting studies to, and through other
4    innovative means, identify adults and juveniles in this
5    State who have, or who are at risk of developing, gambling
6    disorders.
7        (5) Utilize screening, crisis intervention, treatment,
8    public awareness, prevention, in-service training, and
9    other innovative means, to decrease the incidents of
10    suicide attempts related to a gambling disorder or
11    gambling issues.
12    (b) Subject to appropriation, the Department shall either
13establish and maintain the program or contract with a private
14or public entity for the establishment and maintenance of the
15program. Subject to appropriation, either the Department or
16the private or public entity shall implement the hotline and
17website toll-free telephone number, promote public awareness,
18conduct research, fund treatment and recovery services, and
19conduct in-service training concerning gambling disorders.
20    (c) The Department shall determine a statement regarding
21obtaining assistance with a gambling disorder which each
22licensed gambling establishment owner shall post and each
23master sports wagering licensee shall include on the master
24sports wagering licensee's portal, Internet website, or
25computer or mobile application. Subject to appropriation, the
26Department shall produce and supply the signs with the

 

 

SB4197- 21 -LRB102 24221 KTG 33450 b

1statement as specified in Section 10.7 of the Illinois Lottery
2Law, Section 34.1 of the Illinois Horse Racing Act of 1975,
3Section 4.3 of the Bingo License and Tax Act, Section 8.1 of
4the Charitable Games Act, Section 25.95 of the Sports Wagering
5Act, and Section 13.1 of the Illinois Gambling Act, and the
6Video Gaming Act.
7    (d) Programs; gambling disorder prevention.
8        (1) The Department may establish a program to provide
9    for the production and publication, in electronic and
10    other formats, of gambling prevention, recognition,
11    treatment, and recovery literature and other public
12    education methods. The Department may develop and
13    disseminate curricula for use by professionals,
14    organizations, individuals, or committees interested in
15    the prevention of gambling disorders.
16        (2) The Department may provide advice to State and
17    local officials on gambling disorders, including the
18    prevalence of gambling disorders, programs treating or
19    promoting prevention of gambling disorders, trends in
20    gambling disorder prevalence, and the relationship between
21    gaming and gambling disorders.
22        (3) The Department may support gambling disorder
23    prevention, recognition, treatment, and recovery projects
24    by facilitating the acquisition of gambling prevention
25    curriculums, providing trainings in gambling disorder
26    prevention best practices, connecting programs to health

 

 

SB4197- 22 -LRB102 24221 KTG 33450 b

1    care resources, establishing learning collaboratives
2    between localities and programs, and assisting programs in
3    navigating any regulatory requirements for establishing or
4    expanding such programs.
5        (4) In supporting best practices in gambling disorder
6    prevention programming, the Department may promote the
7    following programmatic elements:
8            (A) Providing funding for community-based
9        organizations to employ community health workers or
10        peer recovery specialists who are familiar with the
11        communities served and can provide culturally
12        competent services.
13            (B) Collaborating with other community-based
14        organizations, substance use disorder treatment
15        centers, or other health care providers engaged in
16        treating individuals who are experiencing gambling
17        disorder.
18            (C) Providing linkages for individuals to obtain
19        evidence-based gambling disorder treatment.
20            (D) Engaging individuals exiting jails or prisons
21        who are at a high risk of developing a gambling
22        disorder.
23            (E) Providing education and training to
24        community-based organizations who work directly with
25        individuals who are experiencing gambling disorders
26        and those individuals' families and communities.

 

 

SB4197- 23 -LRB102 24221 KTG 33450 b

1            (F) Providing education and training on gambling
2        disorder prevention and response to the judicial
3        system.
4            (G) Informing communities of the impact gambling
5        disorder has on suicidal ideation and suicide attempts
6        and the role health care professionals can have in
7        identifying appropriate treatment.
8            (H) Producing and distributing targeted mass media
9        materials on gambling disorder prevention and
10        response, and the potential dangers of gambling
11        related stigma.
12    (e) Grants.
13        (1) The Department may award grants, in accordance
14    with this subsection, to create or support local gambling
15    prevention, recognition, and response projects. Local
16    health departments, correctional institutions, hospitals,
17    universities, community-based organizations, and
18    faith-based organizations may apply to the Department for
19    a grant under this subsection at the time and in the manner
20    the Department prescribes.
21        (2) In awarding grants, the Department shall consider
22    the necessity for gambling disorder prevention projects in
23    various settings and shall encourage all grant applicants
24    to develop interventions that will be effective and viable
25    in their local areas.
26        (3) In addition to moneys appropriated by the General

 

 

SB4197- 24 -LRB102 24221 KTG 33450 b

1    Assembly, the Department may seek grants from private
2    foundations, the federal government, and other sources to
3    fund the grants under this Section and to fund an
4    evaluation of the programs supported by the grants.
5        (4) The Department may award grants to create or
6    support local gambling treatment programs. Such programs
7    may include prevention, early intervention, residential
8    and outpatient treatment, and recovery support services
9    for gambling disorders. Local health departments,
10    hospitals, universities, community-based organizations,
11    and faith-based organizations may apply to the Department
12    for a grant under this subsection at the time and in the
13    manner the Department prescribes.
14(Source: P.A. 100-759, eff. 1-1-19; 101-31, eff. 6-28-19.)
 
15    (20 ILCS 301/10-10)
16    Sec. 10-10. Powers and duties of the Council. The Council
17shall:
18        (a) Advise the Department on ways to encourage public
19    understanding and support of the Department's programs.
20        (b) Advise the Department on regulations and licensure
21    proposed by the Department.
22        (c) Advise the Department in the formulation,
23    preparation, and implementation of the annual plan
24    submitted with the federal Substance Use Disorder Block
25    Grant application for prevention, early intervention,

 

 

SB4197- 25 -LRB102 24221 KTG 33450 b

1    treatment, and other recovery support services for
2    substance use disorders.
3        (d) Advise the Department on implementation of
4    substance use and gambling disorder education and
5    prevention programs throughout the State.
6        (e) Assist with incorporating into the annual plan
7    submitted with the federal Substance Use Disorder Block
8    Grant application, planning information specific to
9    Illinois' female population. The information shall
10    contain, but need not be limited to, the types of services
11    funded, the population served, the support services
12    available, and the goals, objectives, proposed methods of
13    achievement, service projections and cost estimate for the
14    upcoming year.
15        (f) Perform other duties as requested by the
16    Secretary.
17        (g) Advise the Department in the planning,
18    development, and coordination of programs among all
19    agencies and departments of State government, including
20    programs to reduce substance use and gambling disorders,
21    prevent the misuse of illegal and legal drugs by persons
22    of all ages, prevent gambling and gaming by minors, and
23    prevent the use of alcohol by minors.
24        (h) Promote and encourage participation by the private
25    sector, including business, industry, labor, and the
26    media, in programs to prevent substance use and gambling

 

 

SB4197- 26 -LRB102 24221 KTG 33450 b

1    disorders.
2        (i) Encourage the implementation of programs to
3    prevent substance use and gambling disorders in the public
4    and private schools and educational institutions.
5        (j) Gather information, conduct hearings, and make
6    recommendations to the Secretary concerning additions,
7    deletions, or rescheduling of substances under the
8    Illinois Controlled Substances Act.
9        (k) Report as requested to the General Assembly
10    regarding the activities and recommendations made by the
11    Council.
12(Source: P.A. 100-759, eff. 1-1-19.)
 
13    (20 ILCS 301/10-15)
14    Sec. 10-15. Qualification and appointment of members. The
15membership of the Illinois Advisory Council may, as needed,
16consist of:
17        (a) A State's Attorney designated by the President of
18    the Illinois State's Attorneys Association.
19        (b) A judge designated by the Chief Justice of the
20    Illinois Supreme Court.
21        (c) A Public Defender appointed by the President of
22    the Illinois Public Defender Association.
23        (d) A local law enforcement officer appointed by the
24    Governor.
25        (e) A labor representative appointed by the Governor.

 

 

SB4197- 27 -LRB102 24221 KTG 33450 b

1        (f) An educator appointed by the Governor.
2        (g) A physician licensed to practice medicine in all
3    its branches appointed by the Governor with due regard for
4    the appointee's knowledge of the field of substance use
5    disorders.
6        (h) 4 members of the Illinois House of
7    Representatives, 2 each appointed by the Speaker and
8    Minority Leader.
9        (i) 4 members of the Illinois Senate, 2 each appointed
10    by the President and Minority Leader.
11        (j) The Chief Executive Officer of the Illinois
12    Association for Behavioral Health or his or her designee.
13        (k) An advocate for the needs of youth appointed by
14    the Governor.
15        (l) The President of the Illinois State Medical
16    Society or his or her designee.
17        (m) The President of the Illinois Hospital Association
18    or his or her designee.
19        (n) The President of the Illinois Nurses Association
20    or a registered nurse designated by the President.
21        (o) The President of the Illinois Pharmacists
22    Association or a licensed pharmacist designated by the
23    President.
24        (p) The President of the Illinois Chapter of the
25    Association of Labor-Management Administrators and
26    Consultants on Alcoholism.

 

 

SB4197- 28 -LRB102 24221 KTG 33450 b

1        (p-1) The Chief Executive Officer of the Community
2    Behavioral Healthcare Association of Illinois or his or
3    her designee.
4        (q) The Attorney General or his or her designee.
5        (r) The State Comptroller or his or her designee.
6        (s) 20 public members, 8 appointed by the Governor, 3
7    of whom shall be representatives of substance use or
8    gambling disorder treatment programs and one of whom shall
9    be a representative of a manufacturer or importing
10    distributor of alcoholic liquor licensed by the State of
11    Illinois, and 3 public members appointed by each of the
12    President and Minority Leader of the Senate and the
13    Speaker and Minority Leader of the House.
14        (t) The Director, Secretary, or other chief
15    administrative officer, ex officio, or his or her
16    designee, of each of the following: the Department on
17    Aging, the Department of Children and Family Services, the
18    Department of Corrections, the Department of Juvenile
19    Justice, the Department of Healthcare and Family Services,
20    the Department of Revenue, the Department of Public
21    Health, the Department of Financial and Professional
22    Regulation, the Illinois State Police, the Administrative
23    Office of the Illinois Courts, the Criminal Justice
24    Information Authority, and the Department of
25    Transportation.
26        (u) Each of the following, ex officio, or his or her

 

 

SB4197- 29 -LRB102 24221 KTG 33450 b

1    designee: the Secretary of State, the State Superintendent
2    of Education, and the Chairman of the Board of Higher
3    Education.
4    The public members may not be officers or employees of the
5executive branch of State government; however, the public
6members may be officers or employees of a State college or
7university or of any law enforcement agency. In appointing
8members, due consideration shall be given to the experience of
9appointees in the fields of medicine, law, prevention,
10correctional activities, and social welfare. Vacancies in the
11public membership shall be filled for the unexpired term by
12appointment in like manner as for original appointments, and
13the appointive members shall serve until their successors are
14appointed and have qualified. Vacancies among the public
15members appointed by the legislative leaders shall be filled
16by the leader of the same house and of the same political party
17as the leader who originally appointed the member.
18    Each non-appointive member may designate a representative
19to serve in his place by written notice to the Department. All
20General Assembly members shall serve until their respective
21successors are appointed or until termination of their
22legislative service, whichever occurs first. The terms of
23office for each of the members appointed by the Governor shall
24be for 3 years, except that of the members first appointed, 3
25shall be appointed for a term of one year, and 4 shall be
26appointed for a term of 2 years. The terms of office of each of

 

 

SB4197- 30 -LRB102 24221 KTG 33450 b

1the public members appointed by the legislative leaders shall
2be for 2 years.
3(Source: P.A. 102-538, eff. 8-20-21.)
 
4    (20 ILCS 301/15-10)
5    Sec. 15-10. Licensure categories and services. No person
6or program may provide the services or conduct the activities
7described in this Section without first obtaining a license
8therefor from the Department, unless otherwise exempted under
9this Act. The Department shall, by rule, provide requirements
10for each of the following types of licenses and categories of
11service:
12        (a) Treatment: Categories of treatment service for a
13    substance use or gambling disorder authorized by a
14    treatment license are Early Intervention, Outpatient,
15    Intensive Outpatient/Partial Hospitalization, Subacute
16    Residential/Inpatient, and Withdrawal Management.
17    Medication assisted treatment that includes methadone used
18    for an opioid use disorder can be licensed as an adjunct to
19    any of the treatment levels of care specified in this
20    Section.
21        (b) Intervention: Categories of intervention service
22    authorized by an intervention license are DUI Evaluation,
23    DUI Risk Education, Designated Program, and Recovery Homes
24    for persons in any stage of recovery from a substance use
25    or gambling disorder. Harm reduction, which includes

 

 

SB4197- 31 -LRB102 24221 KTG 33450 b

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

 

 

SB4197- 32 -LRB102 24221 KTG 33450 b

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

 

 

SB4197- 33 -LRB102 24221 KTG 33450 b

1    use of available resources to address issues of substance
2    use disorder prevention.
3        (6) Coordinating local programs of alcoholism and
4    other drug abuse education and prevention.
5        (7) Encouraging the development of local advisory
6    councils.
7    (d) In providing leadership to this system, the Department
8shall take into account, wherever possible, the needs and
9requirements of local communities. The Department shall also
10involve, wherever possible, local communities in its statewide
11planning efforts. These planning efforts shall include, but
12shall not be limited to, in cooperation with local community
13representatives and Department-funded agencies, the analysis
14and application of results of local needs assessments, as well
15as a process for the integration of an evaluation component
16into the system. The results of this collaborative planning
17effort shall be taken into account by the Department in making
18decisions regarding the allocation of prevention resources.
19    (e) Prevention programs funded in whole or in part by the
20Department shall maintain staff whose skills, training,
21experiences and cultural awareness demonstrably match the
22needs of the people they are serving.
23    (f) The Department may delegate the functions and
24activities described in subsection (c) of this Section to
25local, community-based providers.
26(Source: P.A. 100-759, eff. 1-1-19.)
 

 

 

SB4197- 34 -LRB102 24221 KTG 33450 b

1    (20 ILCS 301/25-5)
2    Sec. 25-5. Establishment of comprehensive treatment
3system. The Department shall develop, fund and implement a
4comprehensive, statewide, community-based system for the
5provision of early intervention, treatment, and recovery
6support services for persons suffering from substance use or
7gambling disorders. The system created under this Section
8shall be based on the premise that coordination among and
9integration between all community and governmental systems
10will facilitate effective and efficient program implementation
11and utilization of existing resources.
12(Source: P.A. 100-759, eff. 1-1-19.)
 
13    (20 ILCS 301/25-10)
14    Sec. 25-10. Promulgation of regulations. The Department
15shall adopt regulations for licensure, certification for
16Medicaid reimbursement, and to identify evidence-based best
17practice criteria that can be utilized for intervention and
18treatment services, taking into consideration available
19resources and facilities, for the purpose of early and
20effective treatment of substance use and gambling disorders.
21(Source: P.A. 100-759, eff. 1-1-19.)
 
22    (20 ILCS 301/30-5)
23    Sec. 30-5. Patients' rights established.

 

 

SB4197- 35 -LRB102 24221 KTG 33450 b

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

 

 

SB4197- 36 -LRB102 24221 KTG 33450 b

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

 

 

SB4197- 37 -LRB102 24221 KTG 33450 b

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

 

 

SB4197- 38 -LRB102 24221 KTG 33450 b

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

 

 

SB4197- 39 -LRB102 24221 KTG 33450 b

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

 

 

SB4197- 40 -LRB102 24221 KTG 33450 b

1treatment of any patient maintained in connection with the
2performance of any service or activity relating to substance
3use or gambling disorder education, early intervention,
4intervention, training, or treatment that is regulated,
5authorized, or directly or indirectly assisted by any
6Department or agency of this State or under any provision of
7this Act shall be confidential and may be disclosed only in
8accordance with the provisions of federal law and regulations
9concerning the confidentiality of substance use disorder
10patient records as contained in 42 U.S.C. Sections 290dd-2 and
1142 CFR C.F.R. Part 2, or any successor federal statute or
12regulation.
13        (1) The following are exempt from the confidentiality
14    protections set forth in 42 CFR C.F.R. Section 2.12(c):
15            (A) Veteran's Administration records.
16            (B) Information obtained by the Armed Forces.
17            (C) Information given to qualified service
18        organizations.
19            (D) Communications within a program or between a
20        program and an entity having direct administrative
21        control over that program.
22            (E) Information given to law enforcement personnel
23        investigating a patient's commission of a crime on the
24        program premises or against program personnel.
25            (F) Reports under State law of incidents of
26        suspected child abuse and neglect; however,

 

 

SB4197- 41 -LRB102 24221 KTG 33450 b

1        confidentiality restrictions continue to apply to the
2        records and any follow-up information for disclosure
3        and use in civil or criminal proceedings arising from
4        the report of suspected abuse or neglect.
5        (2) If the information is not exempt, a disclosure can
6    be made only under the following circumstances:
7            (A) With patient consent as set forth in 42 CFR
8        C.F.R. Sections 2.1(b)(1) and 2.31, and as consistent
9        with pertinent State law.
10            (B) For medical emergencies as set forth in 42 CFR
11        C.F.R. Sections 2.1(b)(2) and 2.51.
12            (C) For research activities as set forth in 42 CFR
13        C.F.R. Sections 2.1(b)(2) and 2.52.
14            (D) For audit evaluation activities as set forth
15        in 42 CFR C.F.R. Section 2.53.
16            (E) With a court order as set forth in 42 CFR
17        C.F.R. Sections 2.61 through 2.67.
18        (3) The restrictions on disclosure and use of patient
19    information apply whether the holder of the information
20    already has it, has other means of obtaining it, is a law
21    enforcement or other official, has obtained a subpoena, or
22    asserts any other justification for a disclosure or use
23    that is not permitted by 42 CFR C.F.R. Part 2. Any court
24    orders authorizing disclosure of patient records under
25    this Act must comply with the procedures and criteria set
26    forth in 42 CFR C.F.R. Sections 2.64 and 2.65. Except as

 

 

SB4197- 42 -LRB102 24221 KTG 33450 b

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

 

 

SB4197- 43 -LRB102 24221 KTG 33450 b

1Section shall be posted in a conspicuous place within the
2program where it may readily be seen and read by program
3patients and visitors.
4    (dd) The program shall ensure that its staff is familiar
5with and observes the rights and responsibilities enumerated
6in this Section.
7    (ee) Licensed organizations shall comply with the right of
8any adolescent to consent to treatment without approval of the
9parent or legal guardian in accordance with the Consent by
10Minors to Health Care Services Medical Procedures Act.
11    (ff) At the point of admission for services, licensed
12organizations must obtain written informed consent, as defined
13in Section 1-10 and in administrative rule, from each client,
14patient, or legal guardian.
15(Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19;
16revised 12-1-21.)
 
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

 

 

SB4197- 44 -LRB102 24221 KTG 33450 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

 

 

SB4197- 45 -LRB102 24221 KTG 33450 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

 

 

SB4197- 46 -LRB102 24221 KTG 33450 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).

 

 

SB4197- 47 -LRB102 24221 KTG 33450 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.

 

 

SB4197- 48 -LRB102 24221 KTG 33450 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

 

 

SB4197- 49 -LRB102 24221 KTG 33450 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.)
 

 

 

SB4197- 50 -LRB102 24221 KTG 33450 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) Within 30 days after June 4, 2018 (the effective date
14of Public Act 100-587), the Division of Substance Use
15Prevention and Recovery shall apply an increase in rates of 3%
16above the rate paid on June 30, 2017 to all Medicaid and
17non-Medicaid reimbursable service rates. The Department shall
18adopt rules, including emergency rules under subsection (bb)
19of Section 5-45 of the Illinois Administrative Procedure Act,
20to implement the provisions of this subsection (b).
21(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
22100-759, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
23    (20 ILCS 301/55-40)
24    Sec. 55-40. Recovery residences.

 

 

SB4197- 51 -LRB102 24221 KTG 33450 b

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

 

 

SB4197- 52 -LRB102 24221 KTG 33450 b

1registry that states that the recovery residences are not
2regulated by the Department and their listing is provided as a
3resource but not as an endorsement by the State.
4(Source: P.A. 100-1062, eff. 1-1-19; 101-81, eff. 7-12-19.)

 

 

SB4197- 53 -LRB102 24221 KTG 33450 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 301/15-10
11    20 ILCS 301/20-5
12    20 ILCS 301/25-5
13    20 ILCS 301/25-10
14    20 ILCS 301/30-5
15    20 ILCS 301/35-5
16    20 ILCS 301/35-10
17    20 ILCS 301/50-40
18    20 ILCS 301/55-30
19    20 ILCS 301/55-40