Full Text of SB1259 96th General Assembly
SB1259 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB1259
Introduced 2/6/2009, by Sen. Martin A. Sandoval SYNOPSIS AS INTRODUCED: |
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20 ILCS 301/15-5 |
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720 ILCS 570/508 |
from Ch. 56 1/2, par. 1508 |
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Amends the Illinois Controlled Substances Act and the Alcoholism and Other Drug Abuse and Dependency Act. Prohibits the establishment or operation of a methadone treatment clinic within 100 feet of a church, school other than an
institution of higher learning, home for aged or indigent
persons or for veterans, their spouses or children or any military or
naval station, with specified exceptions. Also makes a technical correction. Effective immediately.
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A BILL FOR
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SB1259 |
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LRB096 08876 RLC 19011 b |
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| AN ACT concerning controlled
substances.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Alcoholism and Other Drug Abuse and | 5 |
| Dependency Act is amended by changing Section 15-5 as follows:
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| (20 ILCS 301/15-5)
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| Sec. 15-5. Applicability.
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| (a) It is unlawful for any person to provide treatment for | 9 |
| alcoholism and
other drug abuse or dependency or to provide | 10 |
| services as specified in
subsections (c), (d), (e), and (f) of | 11 |
| Section 15-10 of this Act unless the
person is licensed to do | 12 |
| so by the Department. The performance of these
activities by | 13 |
| any person in violation of
this Act is declared to be inimical | 14 |
| to the public health and welfare, and to be
a public nuisance. | 15 |
| The Department may undertake such inspections and
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| investigations as it deems appropriate to determine whether | 17 |
| licensable
activities are being conducted without the | 18 |
| requisite license.
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| (b) Nothing in this Act shall be construed to require any | 20 |
| hospital, as
defined by the Hospital Licensing Act, required to | 21 |
| have a license from the
Department of Public Health pursuant to | 22 |
| the Hospital Licensing Act to obtain
any license under this Act | 23 |
| for any alcoholism and other drug dependency
treatment services |
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LRB096 08876 RLC 19011 b |
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| operated on the licensed premises of the hospital, and
operated | 2 |
| by the hospital or its designated agent, provided that such | 3 |
| services
are covered within the scope of the Hospital Licensing | 4 |
| Act. No person or
facility required to be licensed under this | 5 |
| Act shall be required to obtain a
license pursuant to the | 6 |
| Hospital Licensing Act or the Child Care Act of 1969.
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| (c) Nothing in this Act shall be construed to require an | 8 |
| individual
employee of a licensed program to be licensed under | 9 |
| this Act.
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| (d) Nothing in this Act shall be construed to require any | 11 |
| private
professional practice, whether by an individual | 12 |
| practitioner, by a partnership,
or by a duly incorporated | 13 |
| professional service corporation, that provides
outpatient | 14 |
| treatment for alcoholism and other drug abuse to be licensed | 15 |
| under
this Act, provided that the treatment is rendered | 16 |
| personally by the
professional in his own name and the | 17 |
| professional is authorized by individual
professional | 18 |
| licensure or registration from the Department of Professional
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| Regulation to do such treatment unsupervised. This exemption | 20 |
| shall not apply
to such private professional practice which | 21 |
| specializes primarily or
exclusively in the treatment of | 22 |
| alcoholism and other drug abuse. This exemption
shall also not | 23 |
| apply to intervention services, research, or residential
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| treatment services as defined in this Act or by rule.
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| Notwithstanding any other provisions of this subsection to | 26 |
| the contrary,
persons licensed to practice medicine in all of |
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LRB096 08876 RLC 19011 b |
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| its branches in Illinois shall
not require licensure under this | 2 |
| Act unless their private professional practice
specializes | 3 |
| exclusively in the treatment of alcoholism and other drug | 4 |
| abuse.
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| (e) Nothing in this Act shall be construed to require any | 6 |
| employee
assistance program operated by an employer or any | 7 |
| intervenor program operated
by a professional association to | 8 |
| obtain any license pursuant to this Act to
perform services | 9 |
| that do not constitute licensable treatment or intervention as
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| defined in this Act.
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| (f) Before any violation of this Act is reported by the | 12 |
| Department or any of
its agents to any State's Attorney for the | 13 |
| institution of a criminal
proceeding, the person against whom | 14 |
| such proceeding is contemplated shall be
given appropriate | 15 |
| notice and an opportunity to present his views before the
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| Department or its designated agent, either orally or in | 17 |
| writing, in person or
by an attorney, with regard to such | 18 |
| contemplated proceeding. Nothing in this
Act shall be construed | 19 |
| as requiring the Department to report minor violations
of this | 20 |
| Act whenever the Department believes that the public interest | 21 |
| would be
adequately served by a suitable written notice or | 22 |
| warning.
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| (g) The location of a methadone treatment clinic is subject | 24 |
| to the restrictions in subsection (c) of Section 508 of the | 25 |
| Illinois Controlled Substances Act. | 26 |
| (Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-507, eff. |
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LRB096 08876 RLC 19011 b |
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| 7-1-97.)
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| Section 10. The Illinois Controlled Substances Act is | 3 |
| amended by changing Section 508 as follows:
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| (720 ILCS 570/508) (from Ch. 56 1/2, par. 1508)
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| Sec. 508.
(a) The Department shall encourage research on | 6 |
| controlled
substances. In connection with the research, and in | 7 |
| furtherance of the
purposes of this Act, the Department may:
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| (1) establish methods to assess accurately the effect | 9 |
| of controlled
substances and identify and characterize | 10 |
| those with potential for abuse;
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| (2) make studies and undertake programs of research to:
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| (i) develop new or improved approaches, | 13 |
| techniques, systems, equipment
and devices to | 14 |
| strengthen the enforcement of this Act;
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| (ii) determine patterns of use, misuse, and abuse | 16 |
| of controlled
substances and their social effects; and
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| (iii) improve methods for preventing, predicting, | 18 |
| understanding, and
dealing with the use, misuse and | 19 |
| abuse of controlled substances; and
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| (3) enter into contracts with public agencies, | 21 |
| educational institutions,
and private organizations or | 22 |
| individuals for the purpose of conducting
research, | 23 |
| demonstrations, or special projects which relate to the | 24 |
| use,
misuse and abuse of controlled substances.
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| (b) Persons authorized to engage in research may be | 2 |
| authorized by the
Department to protect the privacy of | 3 |
| individuals who are
the subjects of such research by | 4 |
| withholding from all persons not connected
with the conduct of | 5 |
| the research the names and other identifying
characteristics of | 6 |
| such individuals. Persons who are given this
authorization | 7 |
| shall not be compelled in any civil, criminal,
administrative, | 8 |
| legislative or other proceeding to identify the individuals
who | 9 |
| are the subjects of research for which the authorization was | 10 |
| granted,
except to the extent necessary to permit the | 11 |
| Department to
determine whether the research is being conducted | 12 |
| in accordance with the
authorization.
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| (c) The Department may authorize the possession and | 14 |
| dispensing of
controlled substances by persons engaged in | 15 |
| research, upon such terms and
conditions as may be consistent | 16 |
| with the public health and safety. The
Department may also | 17 |
| approve research and treatment
programs involving the | 18 |
| administration of Methadone. The use of Methadone,
or any | 19 |
| similar controlled substance by any person is prohibited in | 20 |
| this
State except as approved and authorized by the Department
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| in accordance with its rules and regulations. To the extent of | 22 |
| the
applicable authorization, persons are exempt from | 23 |
| prosecution in this State
for possession, manufacture or | 24 |
| delivery of controlled substances. Notwithstanding any other | 25 |
| provision of law to the contrary, a methadone treatment clinic | 26 |
| shall not be established or operated within 100 feet of any |
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LRB096 08876 RLC 19011 b |
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| church, school other than an
institution of higher learning, | 2 |
| home for aged or indigent
persons or for veterans, their | 3 |
| spouses or children or any military or
naval station; however, | 4 |
| this prohibition does not apply to a methadone treatment clinic | 5 |
| within 100 feet of any church
or school where the church or | 6 |
| school has been established within such
100 feet since the | 7 |
| commencement of operation of the methadone treatment clinic. In | 8 |
| the case of a
church, the distance of 100 feet shall be | 9 |
| measured to the nearest part
of any building used for worship | 10 |
| services or educational programs and
not to property | 11 |
| boundaries. As used in this Section, "methadone treatment | 12 |
| clinic" means a facility authorized by the Department to use | 13 |
| the drug methadone in the treatment, maintenance, or | 14 |
| detoxification of persons.
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| (d) Practitioners registered under Federal law to conduct | 16 |
| research with
Schedule I substances may conduct research with | 17 |
| Schedule I substances within
this State upon furnishing | 18 |
| evidence of that Federal registration and notification
of the | 19 |
| scope and purpose of such research to the Department.
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| (Source: P.A. 83-969; revised 10-23-08.)
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
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