Full Text of SB2578 97th General Assembly
SB2578eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Alcoholism and Other Drug Abuse and | 5 | | Dependency 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 | 8 | | context clearly
indicates otherwise, the following words and | 9 | | terms have the following meanings:
| 10 | | "Act" means the Alcoholism and Other Drug Abuse and | 11 | | Dependency Act.
| 12 | | "Addict" means a person who exhibits the disease known as | 13 | | "addiction".
| 14 | | "Addiction" means a disease process characterized by the | 15 | | continued use of a
specific psycho-active substance despite | 16 | | physical, psychological or social
harm. The term also describes | 17 | | the advanced stages of chemical dependency.
| 18 | | "Administrator" means a person responsible for | 19 | | administration of a program.
| 20 | | "Alcoholic" means a person who exhibits the disease known | 21 | | as "alcoholism".
| 22 | | "Alcoholism" means a chronic and progressive disease or | 23 | | illness
characterized by preoccupation with and loss of control |
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| 1 | | over the consumption of
alcohol, and the use of alcohol despite | 2 | | adverse consequences. Typically,
combinations of the following | 3 | | tendencies are also present: periodic or chronic
intoxication; | 4 | | physical disability; impaired emotional, occupational or | 5 | | social
adjustment; tendency toward relapse; a detrimental | 6 | | effect on the individual,
his family and society; psychological | 7 | | dependence; and physical dependence.
Alcoholism is also known | 8 | | as addiction to alcohol. Alcoholism is described and
further | 9 | | categorized in clinical detail in the DSM and the ICD.
| 10 | | "Array of services" means assistance to individuals, | 11 | | families and communities
in response to alcohol or other drug | 12 | | abuse or dependency. The array of
services includes, but is not | 13 | | limited to: prevention assistance for communities
and schools; | 14 | | case finding, assessment and intervention to help individuals | 15 | | stop
abusing alcohol or other drugs; a uniform screening, | 16 | | assessment, and evaluation process for substance use disorders | 17 | | and mental disorders; case management; detoxification to aid
| 18 | | individuals in physically withdrawing from alcohol or other | 19 | | drugs; short-term
and long-term treatment and support services | 20 | | to help individuals and family
members begin the process of | 21 | | recovery; prescription and dispensing of the drug
methadone or | 22 | | other medications as an adjunct to treatment; relapse | 23 | | prevention
services; education and counseling for children or | 24 | | other co-dependents of
alcoholics or other drug abusers or | 25 | | addicts.
| 26 | | "Case management" means those services which will assist |
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| 1 | | individuals in
gaining access to needed social, educational, | 2 | | medical, treatment and other
services.
| 3 | | "Children of alcoholics or drug addicts or abusers of | 4 | | alcohol and other
drugs" means the minor or adult children of | 5 | | individuals who have abused or been
dependent upon alcohol or | 6 | | other drugs. These children may or may not become
dependent | 7 | | upon alcohol or other drugs themselves; however, they are | 8 | | physically,
psychologically, and behaviorally at high risk of | 9 | | developing the illness.
Children of alcoholics and other drug | 10 | | abusers experience emotional and other
problems, and benefit | 11 | | from prevention and treatment services provided by funded
and | 12 | | non-funded agencies licensed by the Department.
| 13 | | "Co-dependents" means individuals who are involved in the | 14 | | lives of and are
affected by people who are dependent upon | 15 | | alcohol and other drugs.
Co-dependents compulsively engage in | 16 | | behaviors that cause them to suffer
adverse physical, | 17 | | emotional, familial, social, behavioral, vocational, and
legal | 18 | | consequences as they attempt to cope with the alcohol or drug | 19 | | dependent
person. People who become co-dependents include | 20 | | spouses, parents, siblings,
and friends of alcohol or drug | 21 | | dependent people. Co-dependents benefit from
prevention and | 22 | | treatment services provided by agencies licensed by the
| 23 | | Department.
| 24 | | "Controlled substance" means any substance or immediate | 25 | | precursor which is
enumerated in the schedules of Article II of | 26 | | the Illinois Controlled Substances
Act or the Cannabis Control |
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| 1 | | Act.
| 2 | | "Crime of violence" means any of the following crimes: | 3 | | murder, voluntary
manslaughter, criminal sexual assault, | 4 | | aggravated criminal sexual assault,
predatory criminal sexual | 5 | | assault of a child,
armed robbery, robbery, arson, kidnapping, | 6 | | aggravated battery, aggravated
arson, or any
other felony which | 7 | | involves the use or threat of physical force or violence
| 8 | | against another individual.
| 9 | | "Department" means the Illinois Department of Human | 10 | | Services as successor to
the former Department of Alcoholism | 11 | | and Substance Abuse.
| 12 | | "Designated program" means a program designated by the | 13 | | Department to provide
services described in subsection (c) or | 14 | | (d) of Section 15-10 of this Act.
A
designated program's | 15 | | primary function is screening, assessing, referring and
| 16 | | tracking clients identified by the criminal justice system, and | 17 | | the program
agrees to apply statewide the standards, uniform | 18 | | criteria and procedures
established by the Department pursuant | 19 | | to such designation.
| 20 | | "Detoxification" means the process of allowing an | 21 | | individual to safely
withdraw from a drug in a controlled | 22 | | environment.
| 23 | | "DSM" means the most current edition of the Diagnostic and | 24 | | Statistical
Manual of Mental Disorders.
| 25 | | "D.U.I." means driving under the influence of alcohol or | 26 | | other substances
which may cause impairment of driving ability.
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| 1 | | "Facility" means the building or premises which are used | 2 | | for the provision
of licensable program services, including | 3 | | support services, as set forth by
rule.
| 4 | | "ICD" means the most current edition of the International | 5 | | Classification of
Diseases.
| 6 | | "Incapacitated" means that a person is unconscious or | 7 | | otherwise exhibits, by
overt behavior or by extreme physical | 8 | | debilitation, an inability to care for
his own needs or to | 9 | | recognize the obvious danger of his situation or to make
| 10 | | rational decisions with respect to his need for treatment.
| 11 | | "Intermediary person" means a person with expertise | 12 | | relative to addiction,
alcoholism, and the abuse of alcohol or | 13 | | other drugs who may be called on to
assist the police in | 14 | | carrying out enforcement or other activities with respect
to | 15 | | persons who abuse or are dependent on alcohol or other drugs.
| 16 | | "Intervention" means readily accessible activities which | 17 | | assist individuals
and their partners or family members in | 18 | | coping with the immediate problems of
alcohol and other drug | 19 | | abuse or dependency, and in reducing their alcohol and
other | 20 | | drug use. Intervention can facilitate emotional and social | 21 | | stability, and
involves referring people for further treatment | 22 | | as needed.
| 23 | | "Intoxicated person" means a person whose mental or | 24 | | physical functioning is
substantially impaired as a result of | 25 | | the current effects of alcohol or other
drugs within the body.
| 26 | | "Local advisory council" means an alcohol and substance |
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| 1 | | abuse body
established in a county, township or community area, | 2 | | which represents public
and private entities having an interest | 3 | | in the prevention and treatment of
alcoholism or other drug | 4 | | abuse.
| 5 | | "Off-site services" means licensable program services or | 6 | | activities which are
conducted at a location separate from the | 7 | | primary service location of the
provider, and which services | 8 | | are operated by a program or entity licensed under
this Act.
| 9 | | "Person" means any individual, firm, group, association, | 10 | | partnership,
corporation, trust, government or governmental | 11 | | subdivision or agency.
| 12 | | "Prevention" means an interactive process of individuals, | 13 | | families, schools,
religious organizations, communities and | 14 | | regional, state and national
organizations to reduce | 15 | | alcoholism, prevent the use of illegal drugs and the
abuse of | 16 | | legal drugs by persons of all ages, prevent the use of alcohol | 17 | | by
minors, build the capacities of individuals and systems, and | 18 | | promote healthy
environments, lifestyles and behaviors.
| 19 | | "Program" means a licensable or fundable activity or | 20 | | service, or a
coordinated range of such activities or services, | 21 | | as the Department may
establish by rule.
| 22 | | "Recovery" means the long-term, often life-long, process | 23 | | in which an addicted
person changes the way in which he makes | 24 | | decisions and establishes personal and
life priorities. The | 25 | | evolution of this decision-making and priority-setting
process | 26 | | is generally manifested by an obvious improvement in the |
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| 1 | | individual's
life and lifestyle and by his overcoming the abuse | 2 | | of or
dependence on alcohol or other drugs. Recovery is also | 3 | | generally manifested by
prolonged periods of abstinence from | 4 | | addictive chemicals which are not
medically supervised. | 5 | | Recovery is the goal of treatment.
| 6 | | "Rehabilitation" means a process whereby those clinical | 7 | | services necessary
and appropriate for improving an | 8 | | individual's life and lifestyle and for
overcoming his or her | 9 | | abuse of or dependency upon alcohol or other drugs, or
both, | 10 | | are delivered in an appropriate setting and manner as defined | 11 | | in rules
established by the Department.
| 12 | | "Relapse" means a process which is manifested by a | 13 | | progressive pattern of
behavior that reactivates the symptoms | 14 | | of a disease or creates debilitating
conditions in an | 15 | | individual who has experienced remission from addiction or
| 16 | | alcoholism.
| 17 | | "Secretary" means the Secretary of Human Services or his or | 18 | | her designee.
| 19 | | "Substance abuse" or "abuse" means a pattern of use of | 20 | | alcohol or other drugs
with the potential of leading to | 21 | | immediate functional problems or to alcoholism
or other drug | 22 | | dependency, or to the use of alcohol and/or other drugs solely
| 23 | | for purposes of intoxication. The term also means the use of | 24 | | illegal drugs by
persons of any age, and the use of alcohol by | 25 | | persons under the age of 21.
| 26 | | "Treatment" means the broad range of emergency, |
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| 1 | | outpatient, intermediate
and residential services and care | 2 | | (including assessment, diagnosis, medical,
psychiatric, | 3 | | psychological and social services, care and counseling, and
| 4 | | aftercare) which may be extended to individuals who abuse or | 5 | | are dependent
on alcohol or other drugs or families of those | 6 | | persons.
| 7 | | (Source: P.A. 89-202, eff. 7-21-95; 89-428, eff. 12-13-95; | 8 | | 89-462, eff.
5-29-96; 89-507, eff. 7-1-97; 90-14, eff. 7-1-97; | 9 | | 90-135, eff. 7-22-97.)
| 10 | | Section 10. The Community Services Act is amended by | 11 | | changing 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 | 14 | | planned,
developed, delivered and evaluated as part of a | 15 | | comprehensive and
coordinated system. The Department of Human | 16 | | Services
shall encourage the establishment of services in each | 17 | | area of the State
which cover the services categories described | 18 | | below. What specific
services are provided under each service | 19 | | category shall be based on local
needs; special attention shall | 20 | | be given to unserved and underserved
populations, including | 21 | | children and youth, racial and ethnic minorities,
and the | 22 | | elderly. The service categories shall include:
| 23 | | (a) Prevention: services designed primarily to reduce the | 24 | | incidence
and ameliorate the severity of developmental |
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| 1 | | disabilities, mental illness and
alcohol and drug dependence;
| 2 | | (b) Client Assessment and Diagnosis: services designed to | 3 | | identify
persons with developmental disabilities, mental | 4 | | illness and alcohol and
drug dependency; to determine the | 5 | | extent of the disability and the level of
functioning; to | 6 | | ensure the individual's need for treatment of mental disorders | 7 | | or substance use disorders is determined using a uniform | 8 | | screening, assessment, and evaluation process; information | 9 | | obtained through client evaluation can be used in
individual | 10 | | treatment and habilitation plans; to assure appropriate
| 11 | | placement and to assist in program evaluation;
| 12 | | (c) Case Coordination: services to provide information and | 13 | | assistance to
disabled persons to insure that they obtain | 14 | | needed services provided by the
private and public sectors; | 15 | | case coordination services should be available
to individuals | 16 | | whose functioning level or history of institutional
recidivism | 17 | | or long-term care indicate that such assistance is required for
| 18 | | successful community living;
| 19 | | (d) Crisis and Emergency: services to assist individuals | 20 | | and
their families through crisis periods, to stabilize | 21 | | individuals under stress
and to prevent unnecessary | 22 | | institutionalization;
| 23 | | (e) Treatment, Habilitation and Support: services designed | 24 | | to help
individuals develop skills which promote independence | 25 | | and improved levels
of social and vocational functioning and | 26 | | personal growth; and to provide
non-treatment support services |
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| 1 | | which are necessary for successful
community living;
| 2 | | (f) Community Residential Alternatives to Institutional | 3 | | Settings:
services to provide living arrangements for persons | 4 | | unable to live
independently; the level of supervision, | 5 | | services provided and length of
stay at community residential | 6 | | alternatives will vary by the type of program
and the needs and | 7 | | functioning level of the residents; other services may be
| 8 | | provided in a community residential alternative which promote | 9 | | the
acquisition of independent living skills and integration | 10 | | with the community.
| 11 | | (Source: P.A. 89-507, eff. 7-1-97.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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