HB3893eng 97TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Alcoholism and Other Drug Abuse and
5Dependency Act is amended by changing Section 1-10 as follows:
 
6    (20 ILCS 301/1-10)
7    Sec. 1-10. Definitions. As used in this Act, unless the
8context clearly indicates otherwise, the following words and
9terms have the following meanings:
10    "Act" means the Alcoholism and Other Drug Abuse and
11Dependency Act.
12    "Addict" means a person who exhibits the disease known as
13"addiction".
14    "Addiction" means a disease process characterized by the
15continued use of a specific psycho-active substance despite
16physical, psychological or social harm. The term also describes
17the advanced stages of chemical dependency.
18    "Administrator" means a person responsible for
19administration of a program.
20    "Alcoholic" means a person who exhibits the disease known
21as "alcoholism".
22    "Alcoholism" means a chronic and progressive disease or
23illness characterized by preoccupation with and loss of control

 

 

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1over the consumption of alcohol, and the use of alcohol despite
2adverse consequences. Typically, combinations of the following
3tendencies are also present: periodic or chronic intoxication;
4physical disability; impaired emotional, occupational or
5social adjustment; tendency toward relapse; a detrimental
6effect on the individual, his family and society; psychological
7dependence; and physical dependence. Alcoholism is also known
8as addiction to alcohol. Alcoholism is described and further
9categorized in clinical detail in the DSM and the ICD.
10    "Array of services" means assistance to individuals,
11families and communities in response to alcohol or other drug
12abuse or dependency. The array of services includes, but is not
13limited to: prevention assistance for communities and schools;
14case finding, assessment and intervention to help individuals
15stop abusing alcohol or other drugs; a uniform screening,
16assessment, and evaluation process for substance use disorders
17and mental disorders; case management; detoxification to aid
18individuals in physically withdrawing from alcohol or other
19drugs; short-term and long-term treatment and support services
20to help individuals and family members begin the process of
21recovery; prescription and dispensing of the drug methadone or
22other medications as an adjunct to treatment; relapse
23prevention services; education and counseling for children or
24other co-dependents of alcoholics or other drug abusers or
25addicts.
26    "Case management" means those services which will assist

 

 

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1individuals in gaining access to needed social, educational,
2medical, treatment and other services.
3    "Children of alcoholics or drug addicts or abusers of
4alcohol and other drugs" means the minor or adult children of
5individuals who have abused or been dependent upon alcohol or
6other drugs. These children may or may not become dependent
7upon alcohol or other drugs themselves; however, they are
8physically, psychologically, and behaviorally at high risk of
9developing the illness. Children of alcoholics and other drug
10abusers experience emotional and other problems, and benefit
11from prevention and treatment services provided by funded and
12non-funded agencies licensed by the Department.
13    "Co-dependents" means individuals who are involved in the
14lives of and are affected by people who are dependent upon
15alcohol and other drugs. Co-dependents compulsively engage in
16behaviors that cause them to suffer adverse physical,
17emotional, familial, social, behavioral, vocational, and legal
18consequences as they attempt to cope with the alcohol or drug
19dependent person. People who become co-dependents include
20spouses, parents, siblings, and friends of alcohol or drug
21dependent people. Co-dependents benefit from prevention and
22treatment services provided by agencies licensed by the
23Department.
24    "Controlled substance" means any substance or immediate
25precursor which is enumerated in the schedules of Article II of
26the Illinois Controlled Substances Act or the Cannabis Control

 

 

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1Act.
2    "Crime of violence" means any of the following crimes:
3murder, voluntary manslaughter, criminal sexual assault,
4aggravated criminal sexual assault, predatory criminal sexual
5assault of a child, armed robbery, robbery, arson, kidnapping,
6aggravated battery, aggravated arson, or any other felony which
7involves the use or threat of physical force or violence
8against another individual.
9    "Department" means the Illinois Department of Human
10Services as successor to the former Department of Alcoholism
11and Substance Abuse.
12    "Designated program" means a program designated by the
13Department to provide services described in subsection (c) or
14(d) of Section 15-10 of this Act. A designated program's
15primary function is screening, assessing, referring and
16tracking clients identified by the criminal justice system, and
17the program agrees to apply statewide the standards, uniform
18criteria and procedures established by the Department pursuant
19to such designation.
20    "Detoxification" means the process of allowing an
21individual to safely withdraw from a drug in a controlled
22environment.
23    "DSM" means the most current edition of the Diagnostic and
24Statistical Manual of Mental Disorders.
25    "D.U.I." means driving under the influence of alcohol or
26other substances which may cause impairment of driving ability.

 

 

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1    "Facility" means the building or premises which are used
2for the provision of licensable program services, including
3support services, as set forth by rule.
4    "ICD" means the most current edition of the International
5Classification of Diseases.
6    "Incapacitated" means that a person is unconscious or
7otherwise exhibits, by overt behavior or by extreme physical
8debilitation, an inability to care for his own needs or to
9recognize the obvious danger of his situation or to make
10rational decisions with respect to his need for treatment.
11    "Intermediary person" means a person with expertise
12relative to addiction, alcoholism, and the abuse of alcohol or
13other drugs who may be called on to assist the police in
14carrying out enforcement or other activities with respect to
15persons who abuse or are dependent on alcohol or other drugs.
16    "Intervention" means readily accessible activities which
17assist individuals and their partners or family members in
18coping with the immediate problems of alcohol and other drug
19abuse or dependency, and in reducing their alcohol and other
20drug use. Intervention can facilitate emotional and social
21stability, and involves referring people for further treatment
22as needed.
23    "Intoxicated person" means a person whose mental or
24physical functioning is substantially impaired as a result of
25the current effects of alcohol or other drugs within the body.
26    "Local advisory council" means an alcohol and substance

 

 

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1abuse body established in a county, township or community area,
2which represents public and private entities having an interest
3in the prevention and treatment of alcoholism or other drug
4abuse.
5    "Off-site services" means licensable program services or
6activities which are conducted at a location separate from the
7primary service location of the provider, and which services
8are operated by a program or entity licensed under this Act.
9    "Person" means any individual, firm, group, association,
10partnership, corporation, trust, government or governmental
11subdivision or agency.
12    "Prevention" means an interactive process of individuals,
13families, schools, religious organizations, communities and
14regional, state and national organizations to reduce
15alcoholism, prevent the use of illegal drugs and the abuse of
16legal drugs by persons of all ages, prevent the use of alcohol
17by minors, build the capacities of individuals and systems, and
18promote healthy environments, lifestyles and behaviors.
19    "Program" means a licensable or fundable activity or
20service, or a coordinated range of such activities or services,
21as the Department may establish by rule.
22    "Recovery" means the long-term, often life-long, process
23in which an addicted person changes the way in which he makes
24decisions and establishes personal and life priorities. The
25evolution of this decision-making and priority-setting process
26is generally manifested by an obvious improvement in the

 

 

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1individual's life and lifestyle and by his overcoming the abuse
2of or dependence on alcohol or other drugs. Recovery is also
3generally manifested by prolonged periods of abstinence from
4addictive chemicals which are not medically supervised.
5Recovery is the goal of treatment.
6    "Rehabilitation" means a process whereby those clinical
7services necessary and appropriate for improving an
8individual's life and lifestyle and for overcoming his or her
9abuse of or dependency upon alcohol or other drugs, or both,
10are delivered in an appropriate setting and manner as defined
11in rules established by the Department.
12    "Relapse" means a process which is manifested by a
13progressive pattern of behavior that reactivates the symptoms
14of a disease or creates debilitating conditions in an
15individual who has experienced remission from addiction or
16alcoholism.
17    "Secretary" means the Secretary of Human Services or his or
18her designee.
19    "Substance abuse" or "abuse" means a pattern of use of
20alcohol or other drugs with the potential of leading to
21immediate functional problems or to alcoholism or other drug
22dependency, or to the use of alcohol and/or other drugs solely
23for purposes of intoxication. The term also means the use of
24illegal drugs by persons of any age, and the use of alcohol by
25persons under the age of 21.
26    "Treatment" means the broad range of emergency,

 

 

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1outpatient, intermediate and residential services and care
2(including assessment, diagnosis, medical, psychiatric,
3psychological and social services, care and counseling, and
4aftercare) which may be extended to individuals who abuse or
5are dependent on alcohol or other drugs or families of those
6persons.
7(Source: P.A. 89-202, eff. 7-21-95; 89-428, eff. 12-13-95;
889-462, eff. 5-29-96; 89-507, eff. 7-1-97; 90-14, eff. 7-1-97;
990-135, eff. 7-22-97.)
 
10    Section 10. The Community Services Act is amended by
11changing Section 2 as follows:
 
12    (405 ILCS 30/2)  (from Ch. 91 1/2, par. 902)
13    Sec. 2. Community Services System. Services should be
14planned, developed, delivered and evaluated as part of a
15comprehensive and coordinated system. The Department of Human
16Services shall encourage the establishment of services in each
17area of the State which cover the services categories described
18below. What specific services are provided under each service
19category shall be based on local needs; special attention shall
20be given to unserved and underserved populations, including
21children and youth, racial and ethnic minorities, and the
22elderly. The service categories shall include:
23    (a) Prevention: services designed primarily to reduce the
24incidence and ameliorate the severity of developmental

 

 

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1disabilities, mental illness and alcohol and drug dependence;
2    (b) Client Assessment and Diagnosis: services designed to
3identify persons with developmental disabilities, mental
4illness and alcohol and drug dependency; to determine the
5extent of the disability and the level of functioning; to
6ensure the individual's need for treatment of mental disorders
7or substance use disorders is determined using a uniform
8screening, assessment, and evaluation process; information
9obtained through client evaluation can be used in individual
10treatment and habilitation plans; to assure appropriate
11placement and to assist in program evaluation;
12    (c) Case Coordination: services to provide information and
13assistance to disabled persons to insure that they obtain
14needed services provided by the private and public sectors;
15case coordination services should be available to individuals
16whose functioning level or history of institutional recidivism
17or long-term care indicate that such assistance is required for
18successful community living;
19    (d) Crisis and Emergency: services to assist individuals
20and their families through crisis periods, to stabilize
21individuals under stress and to prevent unnecessary
22institutionalization;
23    (e) Treatment, Habilitation and Support: services designed
24to help individuals develop skills which promote independence
25and improved levels of social and vocational functioning and
26personal growth; and to provide non-treatment support services

 

 

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1which are necessary for successful community living;
2    (f) Community Residential Alternatives to Institutional
3Settings: services to provide living arrangements for persons
4unable to live independently; the level of supervision,
5services provided and length of stay at community residential
6alternatives will vary by the type of program and the needs and
7functioning level of the residents; other services may be
8provided in a community residential alternative which promote
9the acquisition of independent living skills and integration
10with the community.
11(Source: P.A. 89-507, eff. 7-1-97.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.