(20 ILCS 301/30-5)
Patients' rights established.
(a) For purposes of this Section, "patient" means any person who is
receiving or has received early intervention, treatment, or other recovery support services under
this Act or any category of service licensed as "intervention" under this Act.
(b) No patient shall be deprived of any rights, benefits,
or privileges guaranteed by law, the Constitution of the United States of
America, or the Constitution of the State of Illinois solely because of his
or her status as a patient.
(c) Persons who have substance use disorders who are
also suffering from medical conditions shall not be discriminated against in
admission or treatment by any hospital that receives support in any form supported in whole or in part by funds appropriated to any State
department or agency.
(d) Every patient shall have impartial access to services without regard to
race, religion, sex, ethnicity, age, sexual orientation, gender identity, marital status, or other disability.
(e) Patients shall be permitted the free exercise of religion.
(f) Every patient's personal dignity shall be recognized in the provision
of services, and a patient's personal privacy shall be assured and protected
within the constraints of his or her individual treatment.
(g) Treatment services shall be provided in the least restrictive
(h) Each patient receiving treatment services shall be provided an individual treatment plan, which
shall be periodically reviewed and updated as mandated by administrative rule.
(i) Treatment shall be person-centered, meaning that every patient shall be permitted to participate in the planning of his
or her total care and medical treatment to the extent that his or her condition permits.
(j) A person shall not be denied treatment solely because he or she has withdrawn
from treatment against medical advice on a prior occasion or had prior treatment episodes.
(k) The patient in residential treatment shall be permitted visits by family and
significant others, unless such visits are clinically contraindicated.
(l) A patient in residential treatment shall be allowed to conduct private telephone
conversations with family and friends unless clinically contraindicated.
(m) A patient in residential treatment shall be permitted to send and receive mail without
hindrance, unless clinically contraindicated.
(n) A patient shall be permitted to manage his or her own financial affairs unless
the patient or the patient's guardian, or if the patient is a minor, the patient's parent, authorizes
another competent person to do so.
(o) A patient shall be permitted to request the opinion of a consultant at
his or her own expense, or to request an in-house review of a treatment plan, as
provided in the specific procedures of the provider. A treatment provider is
not liable for the negligence of any consultant.
(p) Unless otherwise prohibited by State or federal law, every patient
shall be permitted to obtain from his or her own physician, the treatment provider, or
the treatment provider's consulting physician complete and current information
concerning the nature of care, procedures, and treatment that he or she will receive.
(q) A patient shall be permitted to refuse to participate in any
experimental research or medical procedure without compromising his or her access to
other, non-experimental services. Before a patient is placed in an
experimental research or medical procedure, the provider must first obtain his
or her informed written consent or otherwise comply with the federal requirements
regarding the protection of human subjects contained in 45 C.F.R.
(r) All medical treatment and procedures shall be administered as ordered
by a physician and in accordance with all Department rules.
(s) Every patient in treatment shall be permitted to refuse medical treatment and to
know the consequences of such action. Such refusal by a patient shall free the
treatment licensee from the obligation to provide the treatment.
(t) Unless otherwise prohibited by State or federal law, every patient,
patient's guardian, or parent, if the patient is a minor, shall be permitted to
inspect and copy all clinical and other records kept by the intervention or treatment licensee
or by his or her physician concerning his or her care and maintenance. The licensee
or physician may charge a reasonable fee for the duplication of a record.
(u) No owner, licensee, administrator, employee, or agent of a licensed intervention or treatment
program shall abuse or neglect a patient. It is the duty of any individual who becomes aware of such abuse or neglect to report it to
the Department immediately.
(v) The licensee may refuse access to any
person if the actions of that person are or could be
injurious to the health and safety of a patient or the licensee, or if the
person seeks access for commercial purposes.
(w) All patients admitted to community-based treatment facilities shall be considered voluntary treatment patients and such patients shall not be contained within a locked setting.
(x) Patients and their families or legal guardians shall have the right to
present complaints to the provider or the Department concerning the quality of care provided to the patient,
without threat of discharge or reprisal in any form or manner whatsoever. The complaint process and procedure shall be adopted by the Department by rule. The
treatment provider shall have in place a mechanism for receiving and responding
to such complaints, and shall inform the patient and the patient's family or legal
guardian of this mechanism and how to use it. The provider shall analyze any
complaint received and, when indicated, take appropriate corrective action.
Every patient and his or her family member or legal guardian who makes a complaint
shall receive a timely response from the provider that substantively addresses
the complaint. The provider shall inform the patient and the patient's family or legal
guardian about other sources of assistance if the provider has not resolved the
complaint to the satisfaction of the patient or the patient's family or legal guardian.
(y) A patient may refuse to perform labor at a program unless such labor
is a part of the patient's individual treatment plan as documented in the patient's clinical
(z) A person who is in need of services may apply for voluntary admission
in the manner and with the rights provided for under
regulations promulgated by the Department. If a person is refused admission, then staff, subject to rules
promulgated by the Department, shall refer the person to another facility or to other appropriate services.
(aa) No patient shall be denied services based solely on HIV status.
Further, records and information governed by the AIDS Confidentiality Act and
the AIDS Confidentiality and Testing Code (77 Ill. Adm. Code 697) shall be
maintained in accordance therewith.
(bb) Records of the identity, diagnosis, prognosis or treatment of any
patient maintained in connection with the performance of any service or
activity relating to substance use disorder education, early
intervention, intervention, training, or treatment that is
regulated, authorized, or directly or indirectly assisted by any Department or
agency of this State or under any provision of this Act shall be confidential
and may be disclosed only in accordance with the provisions of federal law and
regulations concerning the confidentiality of substance use disorder patient
records as contained in 42 U.S.C. Sections 290dd-2 and 42 C.F.R.
Part 2, or any successor federal statute or regulation.
(1) The following are exempt from the confidentiality
protections set forth in 42 C.F.R. Section 2.12(c):
(A) Veteran's Administration records.
(B) Information obtained by the Armed Forces.
(C) Information given to qualified service
(D) Communications within a program or between a
program and an entity having direct administrative control over that program.
(E) Information given to law enforcement
personnel investigating a patient's commission of a crime on the program premises or against program personnel.
(F) Reports under State law of incidents of
suspected child abuse and neglect; however, confidentiality restrictions continue to apply to the records and any follow-up information for disclosure and use in civil or criminal proceedings arising from the report of suspected abuse or neglect.
(2) If the information is not exempt, a disclosure
can be made only under the following circumstances:
(A) With patient consent as set forth in 42
C.F.R. Sections 2.1(b)(1) and 2.31, and as consistent with pertinent State law.
(B) For medical emergencies as set forth in 42
C.F.R. Sections 2.1(b)(2) and 2.51.
(C) For research activities as set forth in 42
C.F.R. Sections 2.1(b)(2) and 2.52.
(D) For audit evaluation activities as set forth
in 42 C.F.R. Section 2.53.
(E) With a court order as set forth in 42 C.F.R.
Sections 2.61 through 2.67.
(3) The restrictions on disclosure and use of patient
information apply whether the holder of the information already has it, has other means of obtaining it, is a law enforcement or other official, has obtained a subpoena, or asserts any other justification for a disclosure or use that is not permitted by 42 C.F.R. Part 2. Any court orders authorizing disclosure of patient records under this Act must comply with the procedures and criteria set forth in 42 C.F.R. Sections 2.64 and 2.65. Except as authorized by a court order granted under this Section, no record referred to in this Section may be used to initiate or substantiate any charges against a patient or to conduct any investigation of a patient.
(4) The prohibitions of this subsection shall apply
to records concerning any person who has been a patient, regardless of whether or when the person ceases to be a patient.
(5) Any person who discloses the content of any
record referred to in this Section except as authorized shall, upon conviction, be guilty of a Class A misdemeanor.
(6) The Department shall prescribe regulations to
carry out the purposes of this subsection. These regulations may contain such definitions, and may provide for such safeguards and procedures, including procedures and criteria for the issuance and scope of court orders, as in the judgment of the Department are necessary or proper to effectuate the purposes of this Section, to prevent circumvention or evasion thereof, or to facilitate compliance therewith.
(cc) Each patient shall be given a written explanation of all the rights
enumerated in this Section and a copy, signed by the patient, shall be kept in every patient record. If a patient is unable to read such written
explanation, it shall be read to the patient in a language that the patient
understands. A copy of all the rights enumerated in this Section shall be
posted in a conspicuous place within the program where it may readily be
seen and read by program patients and visitors.
(dd) The program shall ensure that its staff is familiar with and observes
the rights and responsibilities enumerated in this Section.
(ee) Licensed organizations shall comply with the right of any adolescent to consent to treatment without approval of the parent or legal guardian in accordance with the Consent by Minors to Medical Procedures Act.
(ff) At the point of admission for services, licensed organizations must obtain written informed consent, as defined in Section 1-10 and in administrative rule, from each client, patient, or legal guardian.
(Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19