(745 ILCS 35/1) (from Ch. 70, par. 651)
Sec. 1.
Short title.
This Act shall be known as and may be cited
as the "Alcoholism and Drug Addiction Intervenor and Reporter Immunity Law".
(Source: P.A. 85-867.)
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(745 ILCS 35/2) (from Ch. 70, par. 652)
Sec. 2.
Statement of public policy.
Alcoholism and drug addiction
are among the most serious health problems facing the people of the State
of Illinois. One prominent characteristic of alcoholism and drug
addiction is denial, which is the delusion of the alcoholic or drug addict that he
or she will be able to control the use of alcohol or drugs. Successful
treatment can be initiated only when the delusion self-control is shattered
and the alcoholic or drug addict admits the hopelessness of his or her condition.
The delusion of self-control can often be shattered, and successful
treatment initiated years earlier than might otherwise be possible, by the
use of the "intervention" process. This process involves confronting the
alcoholic or drug addict with specific instances of misconduct or abnormal
behavior caused by alcohol or drug use, as recited to the subject of the
intervention by fact reporters such as: family members, friends, co-workers,
employers or other concerned individuals who have first-hand knowledge of
such incidents, and who are acting under the guidance of a trained "intervenor".
It is hereby declared to be the public policy of the State of Illinois to
promote and encourage use of the intervention process to help initiate
successful treatment of alcoholism and drug addiction. The intent of this
Act is to further this goal by providing tort immunity to persons who
participate in such interventions.
(Source: P.A. 85-867.)
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(745 ILCS 35/3) (from Ch. 70, par. 653)
Sec. 3. Definitions. As used in this Act, the following terms shall
have the following meanings:
(a) (Blank).
(b) (Blank).
(c) "Intervention" means the technique of helping an alcoholic or drug
addict realize and admit the reality of his or her condition by confronting
or preparing to confront him or her with specific instances of misconduct
or abnormal behavior caused by alcohol or drug use, as recited to the
subject by fact reporters such as: family members, friends, co-workers,
employers or other concerned individuals who have first-hand knowledge of
such incidents, whether or not they are acting under the
guidance of a trained intervenor. "Intervention" also includes steps taken
to get treatment for the subject of an intervention or his or her family
members.
(d) A "trained intervenor" is someone who coordinates an intervention
and is: (1) a school counselor, school social worker, or other professional
certificated by a
professional association whose members are licensed by the Department of
Registration and Education; (2) a hospital providing substance abuse
treatment that is accredited by the Joint Commission on
Accreditation of Hospitals or by an alcohol or drug treatment program
licensed by the Illinois Department of Public Health or by a substance use disorder treatment program licensed by the Department of
Human Services; (3) a professional
employee working in
an Employee Assistance Program or Student Assistance Program operated by a
private employer or governmental body; or (4) a member of a professional
association that has established an assistance program designed to
intervene in the alcohol and drug-related problems of its members and is
designated to act on behalf of the association's program.
(e) "Fact reporter" or "reporter" means any identified person or
organization who participates in an intervention and communicates first-hand
knowledge of incidents or behavior that give rise to a reasonable belief
that the reported individual suffers from alcohol or drug addiction.
(f) "Controlled substance" means a drug, substance, or its immediate
precursor listed in the Schedules of Article II of the Illinois Controlled
Substances Act.
(Source: P.A. 100-759, eff. 1-1-19.)
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(745 ILCS 35/4) (from Ch. 70, par. 654)
Sec. 4.
Immunity.
(a) Any trained intervenor or fact-reporter who participates in an
intervention shall not be liable in tort for any personal injuries caused
by any act or omission in the course of an intervention unless the act or
omission constitutes willful or wanton misconduct, and no such intervenor
or fact-reporter shall be liable for any cause of action in the nature of
invasion of privacy, infliction of emotional distress, interference with
family or business relationships, or defamation, unless that person acted
with actual malice or willful intent to injure the subject of the intervention.
(b) No public or private organization or agency, or any officer,
director, trustee, employee, consultant, or agent of any such entity,
that sponsors, authorizes, supports, finances, or supervises the training
of intervenors or fact-reporters shall be liable for damages in any civil
action based on the training of intervenors, unless the allegedly wrongful
act or omission constitutes willful or wanton misconduct. In addition, no
such entity or person shall be liable for any cause of action in the nature
of invasion of privacy, infliction of emotional distress, interference with
family or business relationships, or defamation, unless that entity or
person acted with actual malice or willful intent to injure the subject of
the intervention.
(c) No person who instructs a course for intervenors or fact-reporters
shall be liable for damages in any civil action based on the acts or
omissions of an intervenor or fact-reporter who received instruction on
interventions by that instructor, unless the instruction given by such
instructor constitutes willful or wanton misconduct. In addition, no such
instructor shall be liable for any cause of action in the nature of
invasion of privacy, infliction of emotional distress, interference with
family or business relationships, or defamation, unless that instructor
acted with actual malice or willful intent to injure the subject of the
intervention.
(d) Any fact-reporter who encourages an individual or an individual's
family members to seek treatment or who, as part of the intervention
process, makes a report in good faith to a trained intervenor of any
conduct that reasonably appears to indicate that an individual suffers from
alcoholism or drug addiction shall have immunity from any liability, civil
or criminal or otherwise, that might result as a consequence of making such
a report, unless the person making the report is subject to a privilege
recognized by the law of this State. The good faith of any fact-reporter
making such a report shall be a rebuttable presumption.
(e) All reports, findings, proceedings, and data relating to the course of
any intervention, including steps taken in preparation and implementation, are
confidential and privileged and are not subject to discovery
or disclosure nor are they admissible in any proceeding including, but not
limited
to, any civil, administrative, or criminal proceeding, and no person who
participates in an
intervention shall be permitted or required to testify in any proceeding as to
any evidence or other matters produced, presented, or considered during an
intervention. However, information, documents, or other records otherwise
available from original sources are not to be construed as immune from
discovery or use in a proceeding merely because they were presented during an
intervention.
(Source: P.A. 90-746, eff. 8-14-98.)
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