(20 ILCS 301/Art. 1 heading) ARTICLE 1.
GENERAL PROVISIONS
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(20 ILCS 301/1-1)
Sec. 1-1. Short title. This Act may be cited as the Substance Use Disorder Act.
(Source: P.A. 100-759, eff. 1-1-19.)
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(20 ILCS 301/1-5)
Sec. 1-5. Legislative declaration. Substance use disorders, as defined in this Act, constitute a serious public health problem. The effects on
public safety and the criminal justice system cause serious social and economic
losses, as well as great human suffering. It is imperative that a
comprehensive and coordinated strategy be developed under the leadership of a
State agency. This strategy should be implemented through the facilities of federal and local
government and community-based agencies (which may be public or private,
volunteer or professional). Through local
prevention, early intervention, treatment, and
other recovery support services, this strategy should empower those struggling with substance use disorders (and, when appropriate, the families of those persons) to lead healthy lives.
The human, social, and economic benefits of preventing substance use disorders are great, and it is imperative that there be
interagency cooperation in the planning and delivery of prevention, early intervention, treatment, and other recovery support services in Illinois.
The provisions of this Act shall be liberally construed to enable the
Department to carry out these objectives and purposes.
(Source: P.A. 100-759, eff. 1-1-19.)
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(20 ILCS 301/1-10)
Sec. 1-10. Definitions. As used in this Act, unless the context clearly
indicates otherwise, the following words and terms have the following meanings:
"Case management" means a coordinated approach to the delivery of health and medical treatment, substance use disorder treatment, mental health treatment, and social services, linking patients with appropriate services to address specific needs and achieve stated goals. In general, case management assists patients with other disorders and conditions that require multiple services over extended periods of time and who face difficulty in gaining access to those services. "Crime of violence" means any of the following crimes: murder, voluntary
manslaughter, criminal sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child,
armed robbery, robbery, arson, kidnapping, aggravated battery, aggravated
arson, or any
other felony that involves the use or threat of physical force or violence
against another individual. "Department" means the Department of Human Services. "DUI" means driving under the influence of alcohol or other drugs. "Designated program" means a category of service authorized by an intervention license issued by the Department for delivery of all services as described in Article 40 in this Act. "Early intervention" means services, authorized by a treatment license, that are sub-clinical and pre-diagnostic and that are designed to screen, identify, and address risk factors that may be related to problems associated with substance use disorders and to assist individuals in recognizing harmful consequences. Early intervention services facilitate emotional and social stability and involves referrals for treatment, as needed. "Facility" means the building or premises are used for the provision
of licensable services, including support services, as set forth by
rule. "Gambling disorder" means persistent and recurring maladaptive gambling behavior that disrupts personal, family, or vocational pursuits. "Holds itself out" means any activity that would lead one to reasonably conclude that the individual or entity provides or intends to provide licensable substance-related disorder intervention or treatment services. Such activities include, but are not limited to, advertisements, notices, statements, or contractual arrangements with managed care organizations, private health insurance, or employee assistance programs to provide services that require a license as specified in Article 15. "Informed consent" means legally valid written consent, given by a client, patient, or legal guardian, that authorizes intervention or treatment services from a licensed organization and that documents agreement to participate in those services and knowledge of the consequences of withdrawal from such services. Informed consent also acknowledges the client's or patient's right to a conflict-free choice of services from any licensed organization and the potential risks and benefits of selected services. "Intoxicated person" means a person whose mental or physical functioning is
substantially impaired as a result of the current effects of alcohol or other
drugs within the body. "Medication assisted treatment" means the prescription of medications that are approved by the U.S. Food and Drug Administration and the Center for Substance Abuse Treatment to assist with treatment for a substance use disorder and to support recovery for individuals receiving services in a facility licensed by the Department. Medication assisted treatment includes opioid treatment services as authorized by a Department license. "Off-site services" means licensable services are
conducted at a location separate from the licensed location of the
provider, and services are operated by an entity licensed under
this Act and approved in advance by the Department. "Person" means any individual, firm, group, association, partnership,
corporation, trust, government or governmental subdivision or agency. "Prevention" means an interactive process of individuals, families, schools,
religious organizations, communities and regional, state and national
organizations whose goals are to reduce the prevalence of substance use disorders, prevent the use of illegal drugs and the
abuse of legal drugs by persons of all ages, prevent the use of alcohol by
minors, build the capacities of individuals and systems, and promote healthy
environments, lifestyles, and behaviors. "Recovery" means a process of change through which individuals improve their health and wellness, live a self-directed life, and reach their full potential. "Recovery support" means services designed to support individual recovery from a substance use disorder that may be delivered pre-treatment, during treatment, or post treatment. These services may be delivered in a wide variety of settings for the purpose of supporting the individual in meeting his or her recovery support goals. "Secretary" means the Secretary of the Department of Human Services or his or her designee. "Substance use disorder" means a spectrum of persistent and recurring problematic behavior that encompasses 10 separate classes of drugs: alcohol; caffeine; cannabis; hallucinogens; inhalants; opioids; sedatives, hypnotics and anxiolytics; stimulants; and tobacco; and other unknown substances leading to clinically significant impairment or distress. "Treatment" means the broad range of emergency, outpatient, and residential care (including assessment, diagnosis, case management, treatment, and recovery support planning) may be extended to individuals with substance use disorders or to the families of those persons. "Withdrawal management" means services designed to manage intoxication or withdrawal episodes (previously referred to as detoxification), interrupt the momentum of habitual, compulsive substance use and begin the initial engagement in medically necessary substance use disorder treatment. Withdrawal management allows patients to safely withdraw from substances in a controlled medically-structured environment.
(Source: P.A. 100-759, eff. 1-1-19.)
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(20 ILCS 301/Art. 5 heading) ARTICLE 5.
CREATION OF DEPARTMENT
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(20 ILCS 301/5-5)
Sec. 5-5. Successor department; home rule.
(a) The Department of Human Services, as successor to the Department of
Alcoholism and Substance Abuse, shall
assume the various rights, powers, duties, and functions provided for in
this Act.
(b) It is declared to be the public policy of this State, pursuant to
paragraphs (h) and (i) of Section 6 of Article VII of the Illinois Constitution
of 1970, that the powers and functions set forth in this Act and expressly
delegated to the Department
are exclusive State powers and functions. Nothing herein prohibits the
exercise of any power or the performance of any function, including the power
to regulate, for the protection of the public health, safety, morals and
welfare, by any unit of local government, other than the powers and functions
set forth in this Act and expressly delegated to the Department to be exclusive
State powers and functions.
(c) The Department shall, through accountable and efficient leadership,
example and commitment to excellence, strive to reduce the incidence of substance use disorders by:
(1) Fostering public understanding of substance use | ||
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(2) Promoting healthy lifestyles.
(3) Promoting understanding and support for sound | ||
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(4) Ensuring quality prevention, early intervention, | ||
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(Source: P.A. 100-759, eff. 1-1-19.)
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(20 ILCS 301/5-10)
Sec. 5-10. Functions of the Department.
(a) In addition to the powers, duties and functions vested in the Department
by this Act, or by other laws of this State, the Department shall carry out the
following activities:
(1) Design, coordinate and fund comprehensive | ||
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(2) Act as the exclusive State agency to accept, | ||
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(2.5) In partnership with the Department of | ||
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(3) Coordinate a statewide strategy for the | ||
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The plan developed under this Section shall include | ||
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The plan developed under this Section shall also | ||
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As applicable, the plan developed under this Section | ||
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(4) Lead, foster and develop cooperation, | ||
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(A) Cooperate with and assist other State | ||
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(B) Cooperate with and assist the Illinois | ||
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(C) Supply to the Department of Public Health and | ||
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(D) Assist in the placement of child abuse or | ||
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(E) Cooperate with and assist DCFS in carrying | ||
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(i) identify substance use disorders among | ||
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(ii) develop services to deal with such | ||
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These services may include, but shall not be limited | ||
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(F) Cooperate with and assist the Illinois | ||
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(G) Cooperate with and assist the State | ||
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(H) Cooperate with and assist the Illinois | ||
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(I) (Blank).
(5) From monies appropriated to the Department from | ||
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(6) Promulgate regulations to identify and | ||
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(7) In consultation with providers and related trade | ||
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(8) Receive data and assistance from federal, State | ||
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(9) Designate and license providers to conduct | ||
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(10) Identify and disseminate evidence-based best | ||
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(11) (Blank).
(12) Make grants with funds appropriated from the | ||
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(13) Encourage all health and disability insurance | ||
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(14) Award grants and enter into fixed-rate and | ||
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(15) Conduct a public information campaign to inform | ||
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(b) In addition to the powers, duties and functions vested in it by this
Act, or by other laws of this State, the Department may undertake, but shall
not be limited to, the following activities:
(1) Require all organizations licensed or funded by | ||
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(2) Review all State agency applications for federal | ||
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(3) Prepare, publish, evaluate, disseminate and serve | ||
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(4) Develop and coordinate, with regional and local | ||
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(5) Cooperate with and assist in the development of | ||
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(6) Utilize the support and assistance of interested | ||
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(7) Promote, conduct, assist or sponsor basic | ||
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(8) Cooperate with public and private agencies, | ||
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(9) (Blank).
(10) (Blank).
(11) Fund, promote, or assist entities dealing with | ||
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(12) With monies appropriated from the Group Home | ||
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(13) Promulgate such regulations as may be necessary | ||
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(14) Provide funding to help parents be effective in | ||
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(15) Establish an Opioid Remediation Services | ||
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(c) There is created within the Department of Human Services an Office of Opioid Settlement Administration. The Office shall be responsible for implementing and administering approved abatement programs as described in Exhibit B of the Illinois Opioid Allocation Agreement, effective December 30, 2021. The Office may also implement and administer other opioid-related programs, including but not limited to prevention, treatment, and recovery services from other funds made available to the Department of Human Services. The Secretary of Human Services shall appoint or assign staff as necessary to carry out the duties and functions of the Office.(Source: P.A. 102-538, eff. 8-20-21; 102-699, eff. 4-19-22; 103-8, eff. 6-7-23.)
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(20 ILCS 301/5-15)
Sec. 5-15.
(Repealed).
(Source: P.A. 88-80. Repealed by internal repealer, eff. 7-1-95.)
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(20 ILCS 301/5-20)
Sec. 5-20. Gambling disorders.
(a) Subject to appropriation, the Department shall establish a program for
public education, research, and training regarding
gambling disorders and the treatment and prevention of gambling disorders.
Subject to specific appropriation for these stated purposes, the program must
include all of the following:
(1) Establishment and maintenance of a toll-free | ||
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(2) Promotion of public awareness regarding the | ||
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(3) Facilitation, through in-service training and | ||
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(4) Conducting studies to identify adults and | ||
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(b) Subject to appropriation, the Department shall either establish and
maintain the program or contract with a private or public entity for the
establishment and maintenance of the program. Subject to appropriation, either
the Department or the private or public entity shall implement the toll-free
telephone number, promote public awareness, and conduct in-service training
concerning gambling disorders.
(c) Subject to appropriation, the Department shall produce and supply the
signs specified in Section 10.7 of the Illinois Lottery Law, Section 34.1 of
the Illinois Horse Racing Act of 1975, Section 4.3 of the Bingo License and Tax
Act, Section 8.1 of the Charitable Games Act, and Section 13.1 of the Illinois
Gambling Act.
(Source: P.A. 100-759, eff. 1-1-19; 101-31, eff. 6-28-19.)
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(20 ILCS 301/5-23) (Text of Section from P.A. 103-602) Sec. 5-23. Drug Overdose Prevention Program. (a) Reports. (1) The Department may publish annually a report on | ||
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(2) The report may include: (A) Trends in drug overdose death rates. (B) Trends in emergency room utilization related | ||
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(C) Trends in utilization of pre-hospital and | ||
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(D) Suggested improvements in data collection. (E) A description of other interventions | ||
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(F) A description of efforts undertaken to | ||
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(G) An inventory of the State's substance use | ||
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(i) The number and type of licensed treatment | ||
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(ii) The availability of medication-assisted | ||
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(iii) The number of recovery homes that | ||
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(iv) The number of medical professionals | ||
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(v) Any partnerships between programs | ||
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(vi) Any challenges in providing | ||
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(b) Programs; drug overdose prevention. (1) The Department may establish a program to provide | ||
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The Department may establish or authorize programs | ||
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(2) The Department may provide advice to State and | ||
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(3) The Department may support drug overdose | ||
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(4) In supporting best practices in drug overdose | ||
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(A) Training individuals who currently use drugs | ||
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(B) Directly distributing opioid antagonists | ||
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(C) Conducting street and community outreach to | ||
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(D) Employing community health workers or peer | ||
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(E) Collaborating with other community-based | ||
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(F) Providing linkages for individuals to obtain | ||
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(G) Engaging individuals exiting jails or prisons | ||
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(H) Providing education and training to | ||
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(I) Providing education and training on drug | ||
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(J) Informing communities of the important role | ||
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(K) Producing and distributing targeted mass | ||
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(c) Grants. (1) The Department may award grants, in accordance | ||
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(2) In awarding grants, the Department shall consider | ||
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(3) (Blank). (3.5) Any hospital licensed under the Hospital | ||
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(4) In addition to moneys appropriated by the General | ||
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(d) Health care professional prescription of opioid antagonists. (1) A health care professional who, acting in good | ||
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(1.5) Notwithstanding any provision of or requirement | ||
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(2) A person who is not otherwise licensed to | ||
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(3) A health care professional prescribing an opioid | ||
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(4) For the purposes of this subsection: "Opioid antagonist" means a drug that binds to opioid | ||
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"Health care professional" means a physician licensed | ||
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"Patient" includes a person who is not at risk of | ||
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"Patient information" includes information provided | ||
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(e) Drug overdose response policy. (1) Every State and local government agency that | ||
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(2) Every publicly or privately owned ambulance, | ||
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(3) Entities that are required under paragraphs (1) | ||
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(Source: P.A. 102-598, eff. 1-1-22; 103-602, eff. 7-1-24.) (Text of Section from P.A. 103-980) Sec. 5-23. Drug Overdose Prevention Program. (a) Reports. (1) The Department may publish annually a report on | ||
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(2) The report may include: (A) Trends in drug overdose death rates. (B) Trends in emergency room utilization related | ||
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(C) Trends in utilization of pre-hospital and | ||
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(D) Suggested improvements in data collection. (E) A description of other interventions | ||
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(F) A description of efforts undertaken to | ||
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(G) An inventory of the State's substance use | ||
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(i) The number and type of licensed treatment | ||
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(ii) The availability of medication-assisted | ||
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(iii) The number of recovery homes that | ||
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(iv) The number of medical professionals | ||
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(v) Any partnerships between programs | ||
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(vi) Any challenges in providing | ||
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(b) Programs; drug overdose prevention. (1) The Department may establish a program to provide | ||
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The Department may establish or authorize programs | ||
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(2) The Department may provide advice to State and | ||
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(3) The Department may support drug overdose | ||
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(4) In supporting best practices in drug overdose | ||
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(A) Training individuals who currently use drugs | ||
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(B) Directly distributing opioid antagonists | ||
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(B-1) Directly distributing fentanyl test strips | ||
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(C) Conducting street and community outreach to | ||
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(D) Employing community health workers or peer | ||
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(E) Collaborating with other community-based | ||
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(F) Providing linkages for individuals to obtain | ||
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(G) Engaging individuals exiting jails or prisons | ||
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(H) Providing education and training to | ||
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(I) Providing education and training on drug | ||
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(J) Informing communities of the important role | ||
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(K) Producing and distributing targeted mass | ||
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(c) Grants. (1) The Department may award grants, in accordance | ||
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(2) In awarding grants, the Department shall consider | ||
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(3) (Blank). (3.5) Any hospital licensed under the Hospital | ||
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(4) In addition to moneys appropriated by the General | ||
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(d) Health care professional prescription of opioid antagonists. (1) A health care professional who, acting in good | ||
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(1.5) Notwithstanding any provision of or requirement | ||
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(2) A person who is not otherwise licensed to | ||
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(3) A health care professional prescribing an opioid | ||
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(4) For the purposes of this subsection: "Opioid antagonist" means a drug that binds to opioid | ||
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"Health care professional" means a physician licensed | ||
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"Patient" includes a person who is not at risk of | ||
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"Patient information" includes information provided | ||
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(e) Drug overdose response policy. (1) Every State and local government agency that | ||
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(2) Every publicly or privately owned ambulance, | ||
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(3) Entities that are required under paragraphs (1) | ||
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(Source: P.A. 102-598, eff. 1-1-22; 103-980, eff. 1-1-25.) |
(20 ILCS 301/5-24) Sec. 5-24. Opiate prescriptions; educational materials. The Department shall develop educational materials to educate holders of opiate prescriptions about the dangers of children and teens gaining access to these medications. The materials shall include information regarding the means by which the abuse of opiate prescriptions can lead to the illegal use of heroin. The Department shall also develop a method of distribution for such educational materials.
(Source: P.A. 99-480, eff. 9-9-15.) |
(20 ILCS 301/5-25)
Sec. 5-25.
Eligibility for consideration for participation.
Notwithstanding any other provision in this Act or rules promulgated under this
Act to the contrary, unless expressly prohibited by federal law or regulation,
all individuals, corporations, or other entities that provide treatment,
whether organized as for-profit or not-for-profit entities, shall be eligible
for consideration by the Department to participate in any program funded or
administered by the Department. This Section shall not apply to the receipt
of federal funds administered and transferred by the Department for services
when the federal government has specifically provided that those funds may be
received only by those entities organized as not-for-profit entities.
(Source: P.A. 89-392, eff. 8-20-95; 89-626, eff. 8-9-96.)
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(20 ILCS 301/5-30) Sec. 5-30. Substance Use Disorder Treatment Locator. Subject to appropriation, the Department of Human Services shall issue a request for proposal to establish a supplemental substance use disorder treatment locator that can compare and assess addiction treatment facilities to identify high-quality providers and provide a publicly available search function for patients, health care providers, and first responders to find substance use disorder providers. The supplemental treatment locator shall integrate with the Illinois Helpline and provide annual surveys on both providers and patient experiences that aid in identifying high-quality providers to better aid decision making for patients, health care providers, and first responders to find substance use disorder treatment.
(Source: P.A. 103-588, eff. 6-5-24.) |
(20 ILCS 301/Art. 10 heading) ARTICLE 10.
ADVISORY COUNCILS AND COMMITTEES
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(20 ILCS 301/10-5)
Sec. 10-5. Illinois Advisory Council established. There is established
the Illinois Advisory Council on Substance Use Disorders. The
members of the Council shall receive no compensation for their service but
shall be reimbursed for all expenses actually and necessarily incurred by them
in the performance of their duties under this Act, and within the amounts made
available to them by the Department. The Council shall annually elect a
presiding officer from among its membership. The Council shall meet quarterly or at the call of the Department, or at the call of its presiding officer,
or upon the request of a majority of its members. The Department shall provide
space and clerical and consulting services to the Council.
(Source: P.A. 100-759, eff. 1-1-19.)
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(20 ILCS 301/10-10)
Sec. 10-10. Powers and duties of the Council. The Council shall:
(a) Advise the Department on ways to encourage public | ||
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(b) Advise the Department on regulations and | ||
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(c) Advise the Department in the formulation, | ||
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(d) Advise the Department on implementation of | ||
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(e) Assist with incorporating into the annual plan | ||
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(f) Perform other duties as requested by the | ||
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(g) Advise the Department in the planning, | ||
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(h) Promote and encourage participation by the | ||
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(i) Encourage the implementation of programs to | ||
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(j) Gather information, conduct hearings, and make | ||
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(k) Report as requested to the General Assembly | ||
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(Source: P.A. 100-759, eff. 1-1-19.)
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(20 ILCS 301/10-15)
Sec. 10-15. Qualification and appointment of members. The membership of
the Illinois Advisory Council may, as needed, consist of:
(a) A State's Attorney designated by the President of | ||
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(b) A judge designated by the Chief Justice of the | ||
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(c) A Public Defender appointed by the President of | ||
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(d) A local law enforcement officer appointed by the | ||
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(e) A labor representative appointed by the Governor.
(f) An educator appointed by the Governor.
(g) A physician licensed to practice medicine in all | ||
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(h) 4 members of the Illinois House of | ||
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(i) 4 members of the Illinois Senate, 2 each | ||
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(j) The Chief Executive Officer of the Illinois | ||
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(k) An advocate for the needs of youth appointed by | ||
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(l) The President of the Illinois State Medical | ||
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(m) The President of the Illinois Hospital | ||
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(n) The President of the Illinois Nurses Association | ||
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(o) The President of the Illinois Pharmacists | ||
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(p) The President of the Illinois Chapter of the | ||
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(p-1) The Chief Executive Officer of the Community | ||
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(q) The Attorney General or his or her designee.
(r) The State Comptroller or his or her designee.
(s) 20 public members, 8 appointed by the Governor, 3 | ||
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(t) The Director, Secretary, or other chief | ||
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(u) Each of the following, ex officio, or his or her | ||
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The public members may not be officers or employees of the executive branch
of State government; however, the public members may be officers or employees
of a State college or university or of any law enforcement agency. In
appointing members, due consideration shall be given to the experience of
appointees in the fields of medicine, law, prevention, correctional activities,
and social welfare. Vacancies in the public membership shall be filled for the
unexpired term by appointment in like manner as for original appointments, and
the appointive members shall serve until their successors are appointed and
have qualified. Vacancies among the public members appointed by the
legislative leaders shall be filled by the leader of the same house and of the
same political party as the leader who originally appointed the member.
Each non-appointive member may designate a representative to serve in his
place by written notice to the Department. All General Assembly members shall
serve until their respective successors are appointed or until termination of
their legislative service, whichever occurs first. The terms of office for
each of the members appointed by the Governor shall be for 3 years, except that
of the members first appointed, 3 shall be appointed for a term of one year,
and 4 shall be appointed for a term of 2 years. The terms of office of each of
the public members appointed by the legislative leaders shall be for 2 years.
(Source: P.A. 102-538, eff. 8-20-21.)
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(20 ILCS 301/10-20)
Sec. 10-20.
(Repealed).
(Source: P.A. 88-80. Repealed by P.A. 100-759, eff. 1-1-19.)
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(20 ILCS 301/10-25)
Sec. 10-25.
(Repealed).
(Source: P.A. 88-80; 89-507, eff. 7-1-97. Repealed by P.A. 100-759, eff. 1-1-19.)
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(20 ILCS 301/10-30)
Sec. 10-30.
(Repealed).
(Source: P.A. 88-80; 89-507, eff. 7-1-97. Repealed by P.A. 100-759, eff. 1-1-19.)
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(20 ILCS 301/10-35)
Sec. 10-35. Committees of the Illinois Advisory Council. The
Illinois Advisory Council may, in its operating policies and procedures,
provide for the creation of Committees as it deems necessary to
carry out its duties.
(Source: P.A. 100-759, eff. 1-1-19.)
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(20 ILCS 301/10-40)
Sec. 10-40.
(Repealed).
(Source: P.A. 89-507, eff. 7-1-97. Repealed by P.A. 94-1033, eff. 7-1-07.)
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(20 ILCS 301/10-45)
Sec. 10-45. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 94-1033, eff. 7-1-07.)
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(20 ILCS 301/10-50)
Sec. 10-50.
(Repealed).
(Source: P.A. 89-507, eff. 7-1-97. Repealed by P.A. 94-1033, eff. 7-1-07.)
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(20 ILCS 301/10-55)
Sec. 10-55.
(Repealed).
(Source: P.A. 88-80; 89-507, eff. 7-1-97. Repealed by P.A. 100-759, eff. 1-1-19.)
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(20 ILCS 301/10-60)
Sec. 10-60.
(Repealed).
(Source: P.A. 88-80; 89-507, eff. 7-1-97. Repealed by P.A. 100-759, eff. 1-1-19.)
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(20 ILCS 301/Art. 15 heading) ARTICLE 15.
LICENSURE
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(20 ILCS 301/15-5)
Sec. 15-5. Applicability.
(a) It is unlawful for any person to provide treatment for substance use disorders or to provide services as specified in
subsections (a) and (b) of Section 15-10 of this Act unless the
person is licensed to do so by the Department. The performance of these
activities by any person in violation of
this Act is declared to be inimical to the public health and welfare, and to be
a public nuisance. The Department may undertake such inspections and
investigations as it deems appropriate to determine whether licensable
activities are being conducted without the requisite license.
(b) Nothing in this Act shall be construed to require any hospital, as
defined by the Hospital Licensing Act, required to have a license from the
Department of Public Health pursuant to the Hospital Licensing Act to obtain
any license under this Act for any substance use disorder
treatment services operated on the licensed premises of the hospital, and
operated by the hospital or its designated agent, provided that such services
are covered within the scope of the Hospital Licensing Act. No person or
facility required to be licensed under this Act shall be required to obtain a
license pursuant to the Hospital Licensing Act or the Child Care Act of 1969.
(c) Nothing in this Act shall be construed to require an individual
employee of a licensed program to be licensed under this Act.
(d) Nothing in this Act shall be construed to require any private
professional practice, whether by an individual practitioner, by a partnership,
or by a duly incorporated professional service corporation, that provides
outpatient treatment for substance use disorders to be licensed under
this Act, provided that the treatment is rendered personally by the
professional in his own name and the professional is authorized by individual
professional licensure or registration from the Department of Financial and Professional
Regulation to provide substance use disorder treatment unsupervised. This exemption shall not apply
to such private professional practice that provides or holds itself out, as defined in Section 1-10, as providing substance use disorder outpatient treatment. This exemption
shall also not apply to licensable intervention services, research, or residential
treatment services as defined in this Act or by rule.
Notwithstanding any other provisions of this subsection to the contrary,
persons licensed to practice medicine in all of its branches in Illinois shall
not require licensure under this Act unless their private professional practice
provides and holds itself out, as defined in Section 1-10, as providing substance use disorder outpatient treatment.
(e) Nothing in this Act shall be construed to require any employee
assistance program operated by an employer or any intervenor program operated
by a professional association to obtain any license pursuant to this Act to
perform services that do not constitute licensable treatment or intervention as
defined in this Act.
(f) Before any violation of this Act is reported by the Department or any of
its agents to any State's Attorney for the institution of a criminal
proceeding, the person against whom such proceeding is contemplated shall be
given appropriate notice and an opportunity to present his views before the
Department or its designated agent, either orally or in writing, in person or
by an attorney, with regard to such contemplated proceeding. Nothing in this
Act shall be construed as requiring the Department to report minor violations
of this Act whenever the Department believes that the public interest would be
adequately served by a suitable written notice or warning.
(Source: P.A. 100-759, eff. 1-1-19.)
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(20 ILCS 301/15-10)
Sec. 15-10. Licensure categories and services. No person or program may provide the
services or conduct the activities described in this Section without first
obtaining a license therefor from the Department, unless otherwise exempted under this Act. The Department shall, by
rule, provide requirements for each of the following types of licenses and categories of service: (a) Treatment: Categories of service authorized by a | ||
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(b) Intervention: Categories of service authorized by | ||
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The Department may, under procedures established by rule and upon a showing
of good cause for such, exempt off-site services from having to obtain a
separate license for services conducted away from the provider's licensed location.
(Source: P.A. 100-759, eff. 1-1-19.)
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(20 ILCS 301/15-15)
Sec. 15-15.
Licensure process.
(a) Each application for licensure under
this Act shall be in writing and on forms provided by the Department. Such
application shall be accompanied by the required fee, which shall be
non-refundable, and shall be signed by the applicant. In the case of corporate
applicants, the application shall be signed by at least 2 officers who have
been vested with the authority to act on behalf of the applicant. In the case
of partnership or association applicants, the application shall be signed by
all partners or associates.
(b) Upon receipt of a completed application for licensure and the
appropriate fee, the Department shall issue a license if
it finds that the applicant meets the requirements established by
regulation for the particular license.
(Source: P.A. 88-80; 89-507, eff. 7-1-97.)
|
(20 ILCS 301/15-20)
Sec. 15-20.
Fees.
The Department shall charge a reasonable fee, as
determined by rule, for each licensure category at each site at which
activities requiring licensure are to be conducted. No fee shall be required
for off-site services, or for services provided by a unit of government. The
Department may, under procedures developed by rule, waive all or part of the
licensure fee which would otherwise be due from providers funded by the
Department. All license fees collected under this Act shall be deposited into
the General Revenue Fund.
(Source: P.A. 88-80.)
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(20 ILCS 301/15-25)
Sec. 15-25.
Renewal of license.
The expiration date and renewal period
for each license issued under this Act shall be set by rule. The Department
may establish procedures to extend the usual expiration date of a license upon
a satisfactory showing of compliance with applicable standards.
(Source: P.A. 88-80.)
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(20 ILCS 301/15-30)
Sec. 15-30.
Transfer of ownership, management or location.
(a) Each license issued by the Department shall be valid only for the
premises and persons named in the application, and shall not be transferable.
(b) Any transfer of 25% or less in the aggregate ownership interest within
a one year period shall not be deemed a transfer for purposes of this Section.
(Source: P.A. 88-80.)
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(20 ILCS 301/15-35)
Sec. 15-35.
Cessation of operations.
The Department shall promulgate
regulations to establish a procedure to be followed by a licensee who ceases
operations.
(Source: P.A. 88-80.)
|
(20 ILCS 301/15-40)
Sec. 15-40.
Display of the license.
Licenses shall be posted in a
conspicuous place on the licensed premises.
(Source: P.A. 88-80.)
|
(20 ILCS 301/15-45)
Sec. 15-45.
Notice.
For the purposes of this Act, the notice required
under Section 10-25 of the Illinois Administrative Procedure Act is
deemed
sufficient when mailed to the last known address of a party.
(Source: P.A. 91-357, eff. 7-29-99.)
|
(20 ILCS 301/Art. 20 heading) ARTICLE 20.
EDUCATION, PREVENTION AND
EARLY INTERVENTION PROGRAMS
|
(20 ILCS 301/20-5)
Sec. 20-5. Development of statewide prevention system.
(a) The Department shall develop and implement a comprehensive, statewide,
community-based strategy to reduce substance use disorders and prevent the misuse of illegal and legal drugs by persons of all ages, and to prevent the use of
alcohol by minors. The system created to implement this strategy shall be
based on the premise that coordination among and integration between all
community and governmental systems will facilitate effective and efficient
program implementation and utilization of existing resources.
(b) The statewide system developed under this Section may be adopted by administrative rule or funded as a grant award condition and shall be responsible
for:
(1) Providing programs and technical assistance to | ||
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(2) Initiating and fostering continuing cooperation | ||
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(c) In developing, implementing, and advocating for this statewide strategy and system, the
Department may engage in, but shall not be limited to, the following
activities:
(1) Establishing and conducting programs to provide | ||
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(2) Conducting or providing prevention skill building | ||
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(3) Developing, supporting, and advocating with new | ||
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(4) Encouraging, supporting, and advocating for | ||
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(5) Drafting and implementing efficient plans for the | ||
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(6) Coordinating local programs of alcoholism and | ||
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(7) Encouraging the development of local advisory | ||
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(d) In providing leadership to this system, the Department shall take into
account, wherever possible, the needs and requirements of local communities.
The Department shall also involve, wherever possible, local communities in its
statewide planning efforts. These planning efforts shall include, but shall
not be limited to, in cooperation with local community representatives and
Department-funded agencies, the analysis and application of results of local
needs assessments, as well as a process for the integration of an evaluation
component into the system. The results of this collaborative planning effort
shall be taken into account by the Department in making decisions regarding the
allocation of prevention resources.
(e) Prevention programs funded in whole or in part by the Department shall
maintain staff whose skills, training, experiences and cultural awareness
demonstrably match the needs of the people they are serving.
(f) The Department may delegate the functions and activities described in
subsection (c) of this Section to local, community-based providers.
(Source: P.A. 100-759, eff. 1-1-19.)
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(20 ILCS 301/20-10)
Sec. 20-10. Screening, Brief Intervention, and Referral to Treatment. As used in this Section, "SBIRT" means a comprehensive, integrated, public health approach to the delivery of early intervention and treatment
services for persons who are at risk of developing substance use disorders or have substance use disorders including, but not limited to, an addiction to alcohol, opioids,
tobacco, or cannabis.
SBIRT services include all of the following: (1) Screening to quickly assess the severity of | ||
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(2) Brief intervention focused on increasing insight | ||
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(3) Referral to treatment provided to those | ||
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SBIRT services may include, but are not limited to, the following settings and programs: primary care centers, hospital emergency rooms, hospital in-patient units,
trauma centers, community behavioral health programs, and other community settings that provide opportunities for early intervention with at-risk substance users before more severe
consequences occur.
(Source: P.A. 102-598, eff. 1-1-22.)
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(20 ILCS 301/20-15)
Sec. 20-15. Steroid education program. The Department may develop and
implement a statewide steroid education program to alert the public, and
particularly Illinois physicians, other health care professionals, educators,
student athletes, health club personnel, persons engaged in the coaching and
supervision of high school and college athletics, and other groups determined
by the Department to be likely to come into contact with anabolic steroid
abusers to the dangers and adverse effects of abusing anabolic steroids, and to
train these individuals to recognize the symptoms and side effects of anabolic
steroid abuse. Such education and training may also include information
regarding the education and appropriate referral of persons identified as
probable or actual anabolic steroid abusers. The advice of the Illinois
Advisory Council established by Section 10-5 of this Act shall be sought in the
development of any program established under this Section.
(Source: P.A. 100-759, eff. 1-1-19.)
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(20 ILCS 301/20-20) Sec. 20-20. Immunity from prosecution; drugs; public education program. The Department shall develop and implement a public education program to educate the public about the provisions set forth in Section 414 of the Illinois Controlled Substances Act granting immunity from prosecution for drug overdose victims or persons seeking help for drug overdose victims if the only evidence for the possession charge was obtained as a result of the person seeking or obtaining emergency medical assistance.
(Source: P.A. 99-480, eff. 9-9-15.) |
(20 ILCS 301/20-25) Sec. 20-25. Opioid addiction treatment education. All programs serving persons with substance use issues licensed by the Department under this Act must provide educational information concerning treatment options for opioid addiction, including the use of a medication for the use of opioid addiction, recognition of and response to opioid overdose, and the use and administration of naloxone, to clients identified as having or seeking treatment for opioid addiction. The Department shall develop educational materials that are supported by research and updated periodically that must be used by programs to comply with this requirement.
(Source: P.A. 99-553, eff. 1-1-17.) |
(20 ILCS 301/20-30) Sec. 20-30. Opioid prevention and abuse; public awareness website. The Department shall create and maintain a website to educate the public on heroin and prescription opioid abuse. At a minimum, the website shall include: (1) information on the warning signs of heroin and | ||
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(2) helpful hints for parents on how to discuss the | ||
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(3) information on available treatment options and | ||
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(4) a listing of the toll-free number established by | ||
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(5) links to flyers and resources for download. The Department shall adopt any rules necessary to implement the provisions of this Section.
(Source: P.A. 100-494, eff. 6-1-18.) |
(20 ILCS 301/Art. 25 heading) ARTICLE 25.
COMPREHENSIVE TREATMENT SERVICES
|
(20 ILCS 301/25-5)
Sec. 25-5. Establishment of comprehensive treatment system. The
Department shall develop, fund and implement a comprehensive, statewide,
community-based system for the provision of early intervention,
treatment, and recovery support services for persons suffering from substance use disorders. The system created under this Section shall be based on the
premise that coordination among and integration between all community and
governmental systems will facilitate effective and efficient program
implementation and utilization of existing resources.
(Source: P.A. 100-759, eff. 1-1-19.)
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(20 ILCS 301/25-10)
Sec. 25-10. Promulgation of regulations. The Department shall adopt
regulations for licensure, certification for Medicaid reimbursement, and to identify evidence-based best practice criteria that can be utilized for intervention and treatment services, taking into consideration
available resources and facilities, for the purpose of early and effective
treatment of substance use disorders.
(Source: P.A. 100-759, eff. 1-1-19.)
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(20 ILCS 301/25-15)
Sec. 25-15. Emergency treatment.
(a) An alcohol or other drug impaired person who may be a danger to himself or herself or to others may voluntarily come to a treatment facility with available capacity for withdrawal management. An alcohol or other drug impaired person may also be assisted to his or her home, a
treatment facility with available capacity for withdrawal management, or other health facility either directly by the police or
through an intermediary person.
(b) A person who appears to be unconscious or in immediate need of
emergency medical services while in a public place and who shows symptoms of
alcohol or other drug impairment may be
taken into protective custody by the police and forthwith brought to an
emergency medical service. A person who shows symptoms of alcohol or other drug impairment in a public place may be taken into custody and forthwith brought to a facility
with available capacity for withdrawal management. The police in detaining the person shall take
him or her into protective custody only, which shall not constitute an arrest. No
entry or other record shall be made to indicate that the person has been
arrested or charged with a crime. The detaining officer may take reasonable
steps to protect himself or herself from harm.
(Source: P.A. 100-759, eff. 1-1-19.)
|
(20 ILCS 301/25-20)
Sec. 25-20. Applicability of patients' rights. All persons who are
receiving or who have received early intervention, treatment, or other recovery support services
under this Act shall be afforded those rights enumerated in Article 30.
(Source: P.A. 100-759, eff. 1-1-19.)
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(20 ILCS 301/Art. 30 heading) ARTICLE 30.
PATIENTS' RIGHTS
|
(20 ILCS 301/30-5)
Sec. 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
environment possible.
(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 CFR
Part 46.
(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
record.
(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 CFR
Part 2, or any successor federal statute or regulation.
(1) The following are exempt from the confidentiality | ||
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(A) Veteran's Administration records.
(B) Information obtained by the Armed Forces.
(C) Information given to qualified service | ||
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(D) Communications within a program or between a | ||
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(E) Information given to law enforcement | ||
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(F) Reports under State law of incidents of | ||
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(2) If the information is not exempt, a disclosure | ||
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(A) With patient consent as set forth in 42 CFR | ||
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(B) For medical emergencies as set forth in 42 | ||
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(C) For research activities as set forth in 42 | ||
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(D) For audit evaluation activities as set forth | ||
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(E) With a court order as set forth in 42 CFR | ||
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(3) The restrictions on disclosure and use of patient | ||
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(4) The prohibitions of this subsection shall apply | ||
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(5) Any person who discloses the content of any | ||
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(6) The Department shall prescribe regulations to | ||
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(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 Health Care Services 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. 102-813, eff. 5-13-22.)
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(20 ILCS 301/Art. 35 heading) ARTICLE 35.
SPECIAL SERVICES FOR
PREGNANT WOMEN AND MOTHERS
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(20 ILCS 301/35-5)
Sec. 35-5. Services for pregnant women and mothers.
(a) In order to promote a comprehensive, statewide and multidisciplinary
approach to serving pregnant women and mothers, including those who
are minors, and their children who are affected by substance use disorders, the Department shall have responsibility for an ongoing
exchange of referral information among the following:
(1) those who provide medical and social services to | ||
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(2) providers of treatment services to women affected | ||
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(b) (Blank).
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) The Department shall develop and maintain an updated and comprehensive
directory of licensed providers that deliver treatment and intervention services. The Department shall post on its website a licensed provider directory updated at least quarterly.
(g) As a condition of any State grant or contract, the Department shall
require that any treatment program for women with substance use disorders provide services, either
by its own staff or by agreement with other agencies or individuals, which
include but need not be limited to the following:
(1) coordination with any program providing case | ||
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(2) coordination with medical services for individual | ||
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(3) coordination with child care services.
(h) As a condition of any State grant or contract, the Department shall
require that any nonresidential program receiving any funding for treatment
services accept women who are pregnant, provided that such services are
clinically appropriate. Failure to comply with this subsection shall result in
termination of the grant or contract and loss of State funding.
(i)(1) From funds appropriated expressly for the purposes of this Section,
the Department shall create or contract with licensed, certified agencies to
develop a program for the care and treatment of pregnant women,
mothers and their children. The program shall be in Cook County in an
area of high density population having a disproportionate number of
women with substance use disorders and a high infant mortality rate.
(2) From funds appropriated expressly for the purposes of this Section,
the
Department shall create or contract with licensed, certified agencies to
develop a program for the care and treatment of low income pregnant women. The
program shall be located anywhere in the State outside of Cook County in an
area of high density population having a disproportionate number of low income
pregnant women.
(3) In implementing the programs established under this subsection, the
Department shall contract with existing residential treatment or recovery homes in areas
having a disproportionate number of women with substance use disorders who
need residential treatment. Priority shall be given to women who:
(A) are pregnant, especially if they are intravenous | ||
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(B) have minor children,
(C) are both pregnant and have minor children, or
(D) are referred by medical personnel because they | ||
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(4) The services provided by the programs shall include but not be limited
to:
(A) individual medical care, including prenatal care, | ||
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(B) temporary, residential shelter for pregnant | ||
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(C) a range of educational or counseling services.
(D) comprehensive and coordinated social services, | ||
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(5) (Blank).
(Source: P.A. 100-759, eff. 1-1-19.)
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(20 ILCS 301/35-10)
Sec. 35-10. Adolescent Family Life Program.
(a) The General Assembly finds and declares the following:
(1) In Illinois, a substantial number of babies are | ||
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(2) A substantial percentage of pregnant adolescents | ||
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(3) It is difficult to provide substance use disorder | ||
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(b) To address the findings set forth in subsection (a), and subject to appropriation, the Department
may
establish and fund treatment strategies to meet the developmental, social, and educational
needs of high-risk pregnant adolescents and shall do the
following:
(1) To the maximum extent feasible and appropriate, | ||
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(2) Include plans for coordination and collaboration | ||
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(3) Include goals and objectives for reducing the | ||
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(4) Be culturally and linguistically appropriate to | ||
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(5) Include staff development training by substance | ||
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As used in this Section, "high-risk pregnant adolescent" means a person at
least 12
but not more than 18 years of age with a substance use disorder who is pregnant.
(c) (Blank).
(Source: P.A. 100-759, eff. 1-1-19.)
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(20 ILCS 301/Art. 40 heading)
ARTICLE 40. SUBSTANCE USE DISORDER TREATMENT
FOR CRIMINAL JUSTICE CLIENTS
(Source: P.A. 100-759, eff. 1-1-19.)
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(20 ILCS 301/40-5) Sec. 40-5. Election of treatment. An individual with a substance use disorder who is charged
with or convicted of a crime or any other person charged with or convicted of a misdemeanor violation of the Use of Intoxicating Compounds Act and who has not been previously convicted of a violation of that Act may elect treatment under the supervision of a program holding a valid intervention license for designated program services issued by the Department, referred to in this Article
as "designated program", unless: (1) the crime is a crime of violence; (2) the crime is a violation of Section 401(a), | ||
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(3) the person has a record of 2 or more convictions | ||
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(4) other criminal proceedings alleging commission of | ||
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(5) the person is on probation or parole and the | ||
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(6) the person elected and was admitted to a | ||
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(7) the person has been convicted of residential | ||
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(8) the crime is a violation of Section 11-501 of the | ||
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(9) the crime is a reckless homicide or a reckless | ||
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Nothing in this Section shall preclude an individual who is charged with or convicted of a crime that is a violation of Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and Community Protection Act, and who is otherwise eligible to make the election provided for under this Section, from being eligible to make an election for treatment as a condition of probation as provided for under this Article.(Source: P.A. 99-78, eff. 7-20-15; 100-759, eff. 1-1-19.) |
(20 ILCS 301/40-10)
Sec. 40-10. Treatment as a condition of probation.
(a) If a court has reason to believe that an individual who is charged with
or convicted of a crime suffers from a substance use disorder and the
court finds that he or she is eligible to make the election provided for under Section
40-5, the court shall advise the individual that he or she
may be sentenced to probation and
shall be subject to terms and conditions of probation under
Section 5-6-3 of the Unified Code of Corrections
if he or she elects to participate in treatment and is accepted for
services by a designated program. The court shall further advise the
individual that:
(1) If he or she elects to participate in treatment | ||
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(2) During probation he or she may be treated at the | ||
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(3) If he or she adheres to the requirements of the | ||
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The court may require an individual to obtain treatment while on
probation under the supervision of a designated program and probation
authorities regardless of the election of the individual if the assessment, as specified in subsection (b), indicates that such treatment is medically necessary.
(b) If the individual elects to undergo treatment or is required to obtain
treatment, the court shall order an assessment by a designated program to
determine whether he or she suffers from a substance use disorder and is
likely to be rehabilitated through treatment. The designated program shall
report to the court the results of the assessment and, if treatment is determined medically necessary, indicate the diagnosis and the recommended initial level of care. If the court, on the basis of the
report and other information, finds that such an individual suffers from
a substance use disorder and is likely to be rehabilitated through
treatment, the individual shall be placed on probation and under the
supervision of a designated program for treatment and under the supervision of
the proper probation authorities for probation supervision unless, giving
consideration to the nature and circumstances of the offense and to the
history, character, and condition of the individual, the court is of the opinion
that no significant relationship exists between the substance use disorder of
the individual and the crime committed, or that his or her imprisonment or periodic
imprisonment is necessary for the protection of the public, and the court
specifies on the record the particular evidence, information, or other reasons
that form the basis of such opinion. However, under no circumstances shall the
individual be placed under the supervision of a designated program for
treatment before the entry of a judgment of conviction.
(c) If the court, on the basis of the report or other information, finds
that the individual suffering from a substance use disorder is not
likely to be rehabilitated through treatment, or that his or her substance use disorder and the crime committed are not significantly related, or that his
or her imprisonment or periodic imprisonment is necessary for the protection of the
public, the court shall impose sentence as in other cases. The court may
require such progress reports on the individual from the probation officer and
designated program as the court finds necessary. Case management services, as defined in this Act and as further described by rule, shall also be delivered by the designated program. No individual may be placed
under treatment supervision unless a designated program accepts him or her for
treatment.
(d) Failure of an individual placed on probation and under the supervision
of a designated program to observe the requirements set down by the designated
program shall be considered a probation violation. Such failure shall be
reported by the designated program to the probation officer in charge of the
individual and treated in accordance with probation regulations.
(e) Upon successful fulfillment of the terms and conditions of probation the
court shall discharge the person from probation. If the person has not
previously been convicted of any felony offense and has not previously been
granted a vacation of judgment under this Section, upon motion, the court shall
vacate the judgment of conviction and dismiss the criminal proceedings against
him or her unless, having considered the nature and circumstances of the offense and
the history, character and condition of the individual, the court finds that
the motion should not be granted. Unless good cause is shown, such motion to
vacate must be filed at any time from the date of the entry of the judgment to a date that is not more than 60 days after the discharge of the probation.
(Source: P.A. 99-574, eff. 1-1-17; 100-759, eff. 1-1-19.)
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(20 ILCS 301/40-15)
Sec. 40-15. Acceptance for treatment as a parole or release condition. Acceptance
for treatment for a substance use disorder under the supervision of a
designated program may be made a condition of parole or release, and failure to comply
with such services may be treated as a violation of parole or release. A designated
program shall establish the conditions under which a parolee or releasee is accepted
for services. No parolee or releasee may be placed under the supervision of a designated
program for treatment unless the designated program accepts him or her for treatment.
The designated program shall make periodic progress reports regarding each such
parolee or releasee to the appropriate parole authority and shall report failures to comply
with the prescribed treatment program.
(Source: P.A. 100-759, eff. 1-1-19.)
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(20 ILCS 301/40-20)
Sec. 40-20.
(Repealed).
(Source: P.A. 88-80. Repealed by 89-202, eff. 7-21-95.)
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(20 ILCS 301/Art. 45 heading) ARTICLE 45.
ENFORCEMENT AND COMPLIANCE
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(20 ILCS 301/45-5)
Sec. 45-5. Inspections.
(a) Employees of the Department are authorized to enter, at
reasonable times and upon presentation of credentials, the premises on which
any licensed or funded activity is conducted, including off-site services,
in order to inspect all pertinent
property, records, personnel and business data that relate to such activity.
(b) When authorized by an administrative inspection warrant issued pursuant
to this Act, any officer or employee may execute the inspection warrant
according to its terms. Entries, inspections and seizures of property may be
made without a warrant:
(1) If the person in charge of the premises consents.
(2) In situations presenting imminent danger to | ||
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(3) In situations involving inspections of | ||
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(4) In any other exceptional or emergency | ||
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(c) Issuance and execution of administrative inspection warrants shall be
as follows.
(1) A judge of the circuit court, upon proper oath or | ||
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(2) An inspection warrant shall be issued only upon | ||
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(3) The inspection warrant shall state the grounds | ||
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(4) The inspection warrant shall be directed to a | ||
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(5) The inspection warrant must be executed and | ||
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(6) If property is seized, an inventory shall be | ||
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(7) No warrant shall be quashed nor evidence | ||
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(Source: P.A. 100-759, eff. 1-1-19.)
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(20 ILCS 301/45-10)
Sec. 45-10.
Investigations.
(a) The Department may on its own motion,
and shall upon the sworn complaint in writing of any person setting forth
charges which, if proved, would constitute grounds for sanction pursuant to
this Act, investigate the actions of any person licensed or funded by the
Department, or of any person whose activities are alleged to require licensure
under this Act.
(b) The Department shall cooperate with all agencies charged with
enforcement of the laws of the United States, or of any state, concerning
matters pertaining to this Act.
(c) The Department may request the cooperation of the State Fire Marshal,
county and municipal health departments, or municipal boards of health to
assist in determining whether a person has violated this Act.
(Source: P.A. 88-80.)
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(20 ILCS 301/45-15)
Sec. 45-15.
Recordkeeping and reporting.
The Department shall promulgate
regulations providing for recordkeeping and reporting requirements for
providers licensed or funded by the Department.
(Source: P.A. 88-80.)
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(20 ILCS 301/45-20)
Sec. 45-20.
Denial of license or other sanction.
(a) The Department may deny an application for licensure or for renewal of
licensure, or may suspend, revoke or place on probation or impose a financial
penalty upon any licensee, upon a finding that the applicant or licensee:
(1) has violated any provision of this Act or any | ||
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(2) is owned, managed or operated by any person who | ||
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(3) has furnished false or fraudulent information to | ||
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(4) is owned, operated or managed by any person who | ||
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(5) has failed to provide effective controls against | ||
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(6) has demonstrated unprofessional conduct or | ||
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(7) is owned, managed or operated by any person who | ||
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(8) has failed to provide information requested by | ||
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(b) The Department may promulgate regulations setting forth provisions for
the imposition of financial penalties. Proceeds from any financial penalties
imposed shall be deposited into the General Revenue Fund.
(c) Any penalty imposed for any violation of this Act shall be in addition
to, and not in lieu of, any criminal, civil or administrative penalty or
sanction otherwise authorized by this Act or any other law.
(Source: P.A. 88-80.)
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(20 ILCS 301/45-25)
Sec. 45-25.
Hearings.
(a) Except as otherwise provided herein, before denying an application for
licensure or an application for renewal of licensure, or suspending, revoking,
placing on probation or imposing a financial penalty upon any licensee, the
Department shall serve upon the applicant or licensee a notice of opportunity
for hearing to determine why licensure should not be denied, refused,
suspended, revoked, placed on probation or financially sanctioned.
(b) Opportunity shall be afforded to the applicant or licensee to respond
and present evidence. Except as otherwise provided herein, proceedings to
suspend, revoke or refuse to renew an existing license shall not abate the
existing license until the Department has conducted
the hearing and ordered that the license shall no longer remain in effect.
(c) Hearings shall be conducted by hearing officers appointed by the
Department, in accordance with the Department's regulations.
(d) Nothing in this Section shall be construed to limit the authority of the
Department to sanction or deny a license if a licensee or applicant waives his
right to a hearing by failing to request a hearing within the prescribed time
after notice is served. In such a case, the determination of the Department
shall be conclusively presumed to be correct.
(Source: P.A. 88-80.)
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(20 ILCS 301/45-30)
Sec. 45-30.
Summary suspension.
If the Department finds that there is an
imminent danger to the public health or safety which requires emergency action,
and if the Department incorporates a finding to that effect in its order,
summary suspension of a license may be ordered pending proceedings which shall
be instituted within 14 days to determine whether the summary suspension shall
remain in effect until conclusion of a formal hearing on the merits.
(Source: P.A. 88-80.)
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(20 ILCS 301/45-35)
Sec. 45-35.
Unlicensed practice.
(a) If any unlicensed person engages in activities requiring licensure under
this Act, the Secretary may, in the name of the people of the
State of Illinois,
through the Attorney General of the State of Illinois, or through the State's
Attorney of any county, petition for a court order enjoining such activities.
(b) If it is established that such person has violated the order the court
may punish the offender for contempt of court. Proceedings under this Section
shall be in addition to, and not in lieu of, all other remedies and penalties
provided under this Act. Any unlicensed person who engages in activities
requiring licensure under this Act commits a Class A misdemeanor.
(Source: P.A. 88-80; 89-507, eff. 7-1-97.)
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(20 ILCS 301/45-40)
Sec. 45-40.
Review of administrative decisions.
The Department shall
preserve a record of all proceedings at any formal hearing conducted by the
Department involving refusal or sanction of a license. Final administrative
decisions of the Department are subject to judicial review pursuant to
provisions of the Administrative Review Law.
(Source: P.A. 88-80.)
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(20 ILCS 301/45-45)
Sec. 45-45.
Subpoena; administration of oaths.
(a) The Department is empowered to subpoena and bring before it any person
in this State and to take testimony, upon payment of the same fees and in the
same manner as is prescribed by law for judicial proceedings in civil cases in
the courts of this State.
(b) The Secretary and any hearing officer designated by
the Secretary are empowered to administer oaths at any proceeding
which the Department is authorized to conduct.
(Source: P.A. 88-80; 89-507, eff. 7-1-97.)
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(20 ILCS 301/45-50)
Sec. 45-50.
Attendance of witnesses and production of documents.
Any
circuit court, upon the application of the Department or any licensee, may
order the attendance of witnesses and the production of documents before the
hearing officer in any hearing. The court may compel compliance with its order
by proceedings for contempt.
(Source: P.A. 88-80.)
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(20 ILCS 301/45-55)
Sec. 45-55. Powers and duties of designated agents.
(a) It is hereby made the sole and exclusive duty of the Department, and its
designated agents, officers and investigators, to investigate all violations of
this Act, and to cooperate with all agencies charged with enforcement of the
laws of the United States, or any state, concerning matters pertaining to this
Act. Nothing in this Act shall bar a grand jury from conducting an
investigation of any alleged violation of this Act. Any agent, officer,
investigator or peace officer designated by the Department may:
(1) execute and serve administrative inspection | ||
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(2) make seizures of property pursuant to the | ||
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(3) perform such other duties as the Department may | ||
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The Secretary may appoint such investigators as is deemed
necessary to carry
out the provisions of this Act. It shall be the duty of such investigators to
investigate and report violations of the provisions of this Act. With respect
to the enforcement of the provisions of this Act, such investigators shall have
the authority to serve subpoenas, summonses and administrative inspection
warrants. They shall be conservators of the peace and, as such, they shall have
and may exercise during the course of an inspection or investigation all the
powers possessed by policemen in the cities and sheriffs in the counties of
this State, except that they may exercise such powers anywhere in the State.
(b) The Department or its designated agents, either before or after the
issuance of a license, may request and shall receive the cooperation of the
Illinois State Police, county and multiple county health
departments, or municipal boards of health to make investigations to determine
if the applicant or licensee is complying with minimum standards prescribed by
the Department.
(Source: P.A. 102-538, eff. 8-20-21.)
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(20 ILCS 301/Art. 50 heading) ARTICLE 50.
SPECIAL FUNDS
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(20 ILCS 301/50-5)
Sec. 50-5.
Prevention and Treatment of Alcoholism and Substance Abuse
Block Grant Fund. Monies received from the federal government under the Block
Grant for the Prevention and Treatment of Alcoholism and Substance Abuse shall
be deposited into the Prevention and Treatment of Alcoholism and Substance
Abuse Block Grant Fund which is hereby created as a special fund in the State
treasury. Monies in this fund shall be appropriated to the Department and
expended for the purposes and activities specified by federal law or
regulation.
(Source: P.A. 88-80.)
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(20 ILCS 301/50-10)
Sec. 50-10. Alcoholism and Substance Abuse Fund. Monies received from the
federal government, except monies received under the Block Grant for the
Prevention and Treatment of Alcoholism and Substance Abuse, and other gifts or
grants made by any person or other organization or State entity to the fund shall be deposited into the Alcoholism and
Substance Abuse Fund which is hereby created as a special fund in the State
treasury. Monies in this fund shall be appropriated to the Department and
expended for the purposes and activities specified by the person, organization
or federal agency making the gift or grant.
(Source: P.A. 100-759, eff. 1-1-19.)
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(20 ILCS 301/50-20)
Sec. 50-20. Drunk and Drugged Driving Prevention Fund. There is hereby
created in the State treasury a special fund to be known as the Drunk and
Drugged Driving Prevention Fund. There shall be deposited into this Fund such
amounts as may be received pursuant to subsection (c)(2) of Section 6-118 of
the Illinois Vehicle Code. Monies in this fund shall be appropriated to the
Department and expended for the purpose of making grants to reimburse DUI
evaluation and risk education programs licensed by the Department for the
costs of providing indigent persons with free or reduced-cost services relating
to a criminal charge of driving under the influence of alcohol or other drugs.
Monies in the Drunk and Drugged Driving Prevention Fund may also be used to
enhance and support regulatory inspections and investigations conducted by the
Department under Article 45 of this Act. The balance of the Fund on June 30 of
each fiscal year, less the amount of any expenditures attributable to that
fiscal year during the lapse period, shall be transferred by the Treasurer to
the General Revenue Fund by the following October 10.
(Source: P.A. 100-759, eff. 1-1-19.)
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(20 ILCS 301/50-25)
Sec. 50-25.
Youth Alcoholism and Substance Abuse Prevention Fund.
There
is hereby created in the State treasury a special Fund to be known as the Youth
Alcoholism and Substance Abuse Prevention Fund. Monies in this Fund shall be
appropriated to the Department and expended for the purpose of helping support
and establish community based alcohol and other drug abuse prevention programs.
(Source: P.A. 91-25, eff. 6-9-99.)
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(20 ILCS 301/50-30)
Sec. 50-30.
Youth Drug Abuse Prevention Fund.
(a) There is hereby established the Youth Drug Abuse Prevention Fund, to be
held as a separate fund in the State treasury. Monies in this fund shall be
appropriated to the Department and expended for grants to community-based
agencies or non-profit organizations providing residential or nonresidential
treatment or prevention programs or any combination thereof.
(b) There shall be deposited into the Youth Drug Abuse Prevention Fund such
monies as may be received under the income tax checkoff provided for in
subsection (b) of this Section. There shall also be deposited into this fund
such monies as may be received under:
(1) subsection (a) of Section 10.2 of the Cannabis | ||
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(2) subsection (a) of Section 413 of the Illinois | ||
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(3) subsection (a) of Section 5.2 of the Narcotics | ||
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(4) Sections 5-9-1.1 and 5-9-1.2 of the Unified Code | ||
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(Source: P.A. 88-80.)
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(20 ILCS 301/50-35)
Sec. 50-35. Drug Treatment Fund.
(a) There is hereby established the Drug Treatment Fund, to be held as a
separate fund in the State treasury. There shall be deposited into this fund
such amounts as may be received under subsections (h) and (i) of Section 411.2
of the Illinois Controlled Substances Act, under Section 80 of the Methamphetamine Control and Community Protection Act, and under Section 7 of the
Controlled Substance and Cannabis Nuisance Act, or under Section 6z-107 of the State Finance Act.
(b) Monies in this fund shall be appropriated to the Department for the
purposes and activities set forth in subsections (h) and (i) of Section 411.2
of the Illinois Controlled Substances Act, or in Section 7 of the Controlled
Substance and Cannabis Nuisance Act, or in Section 6z-107 of the State Finance Act.
(Source: P.A. 101-10, eff. 6-5-19.)
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(20 ILCS 301/50-40)
Sec. 50-40. Group Home Loan Revolving Fund.
(a) There is hereby established the Group Home Loan Revolving Fund, referred
to in this Section as the "fund", to be held as a separate fund within the
State Treasury. Monies in this fund shall be appropriated to the Department on
a continuing annual basis. With these funds, the Department shall, directly or
through subcontract, make loans to assist in underwriting the costs of housing
in which there may reside individuals who are recovering from
substance use disorders, and who are seeking an alcohol-free or drug-free
environment in which to live. Consistent with federal law and regulation, the
Department may establish guidelines for approving the use and management of monies loaned
from the fund, the operation of group homes receiving loans under this Section
and the repayment of monies loaned.
(b) There shall be deposited into the fund such amounts including, but not
limited to:
(1) All receipts, including principal and interest | ||
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(2) All proceeds of assets of whatever nature | ||
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(3) Any direct appropriations made by the General | ||
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(4) Any income received from interest on investments | ||
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(c) The Treasurer may invest monies in the fund in securities constituting
obligations of the United States government, or in obligations the principal of
and interest on which are guaranteed by the United States government, or in
certificates of deposit of any State or national bank which are fully secured
by obligations guaranteed as to principal and interest by the United States
government.
(Source: P.A. 100-759, eff. 1-1-19.)
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(20 ILCS 301/Art. 55 heading) ARTICLE 55.
MISCELLANEOUS PROVISIONS
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(20 ILCS 301/55-5)
Sec. 55-5.
Application of Administrative Procedure Act.
The Illinois
Administrative Procedure Act is incorporated herein as if all of its provisions
were included in this Act.
(Source: P.A. 88-80.)
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(20 ILCS 301/55-10)
Sec. 55-10.
Immunity from civil or criminal liability.
No intermediary
person acting in good faith and without negligence in connection with the
preparation of petitions, applications, certificates or other documents for
apprehension, transportation, examination, treatment, detention or discharge or
the taking into protective custody of an individual under the provisions of
this Act shall incur any civil or criminal liability by reason of these acts.
(Source: P.A. 88-80.)
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(20 ILCS 301/55-15)
Sec. 55-15.
Intoxication; local ordinances.
No county, municipality or
political subdivision may adopt or enforce any law that includes being
intoxicated as the sole basis of the offense, nor interpret or apply any law to
circumvent the provisions of this Section. However, nothing in this Section
affects any law, ordinance, resolution or rule against driving under the
influence of alcohol or other drugs, or any similar offense involving operation
of a vehicle, aircraft, boat, machinery, or the use of firearms or other
equipment. Nothing in this Section affects any law regarding the sale,
purchase, use, possession or dispensing of drugs or alcohol at stated places,
at stated times or by particular classes of persons.
(Source: P.A. 88-80.)
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(20 ILCS 301/55-20)
Sec. 55-20.
Direct deposit of State payments.
Any provider of services
under this Act may elect to receive payment for those services, and the
Department is authorized to arrange for that payment, by means of direct
deposit transmittals to the service provider's account maintained at a bank,
savings and loan association, or other financial institution. The financial
institution must be approved by the Department, and the deposits shall be in
accordance with rules adopted by the Department.
(Source: P.A. 88-80.)
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(20 ILCS 301/55-25) Sec. 55-25. Drug court grant program. (a) Subject to appropriation, the Department shall establish a program to administer grants to local drug courts. Grant moneys may be used for the following purposes: (1) treatment or other clinical intervention through | ||
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(2) monitoring, supervision, and clinical case | ||
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(3) transportation of the offender to required | ||
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(4) interdisciplinary and other training of both | ||
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(5) other activities including data collection | ||
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(6) court appointed special advocate programs.
(b) The position of Statewide Drug Court Coordinator is created as a full-time position within the Department. The Statewide Drug Court Coordinator shall be responsible for the following:
(1) coordinating training, technical assistance, and | ||
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(2) assisting in the development of new drug courts | ||
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(3) collecting data from local drug court | ||
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(4) acting as a liaison between the State and the | ||
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(Source: P.A. 100-759, eff. 1-1-19.) |
(20 ILCS 301/55-30) Sec. 55-30. Rate increase. (a) The Department shall by rule develop the increased rate methodology and annualize the increased rate beginning with State fiscal year 2018 contracts to licensed providers of community-based substance use disorder intervention or treatment, based on the additional amounts appropriated for the purpose of providing a rate increase to licensed providers. The Department shall adopt rules, including emergency rules under subsection (y) of Section 5-45 of the Illinois Administrative Procedure Act, to implement the provisions of this Section. (b) (Blank). (c) Beginning on July 1, 2022, the Division of Substance Use Prevention and Recovery shall increase reimbursement rates for all community-based substance use disorder treatment and intervention services by 47%, including, but not limited to, all of the following: (1) Admission and Discharge Assessment. (2) Level 1 (Individual). (3) Level 1 (Group). (4) Level 2 (Individual). (5) Level 2 (Group). (6) Case Management. (7) Psychiatric Evaluation. (8) Medication Assisted Recovery. (9) Community Intervention. (10) Early Intervention (Individual). (11) Early Intervention (Group). Beginning in State Fiscal Year 2023, and every State fiscal year thereafter, reimbursement rates for those community-based substance use disorder treatment and intervention services shall be adjusted upward by an amount equal to the Consumer Price Index-U from the previous year, not to exceed 2% in any State fiscal year. If there is a decrease in the Consumer Price Index-U, rates shall remain unchanged for that State fiscal year. The Department shall adopt rules, including emergency rules in accordance with the Illinois Administrative Procedure Act, to implement the provisions of this Section. As used in this Section, "Consumer Price Index-U" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84 = 100. (d) Beginning on January 1, 2024, subject to federal approval, the Division of Substance Use Prevention and Recovery shall increase reimbursement rates for all ASAM level 3 residential/inpatient substance use disorder treatment and intervention services by 30%, including, but not limited to, the following services: (1) ASAM level 3.5 Clinically Managed High-Intensity | ||
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(2) ASAM level 3.5 Clinically Managed | ||
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(3) ASAM level 3.2 Clinically Managed Residential | ||
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(4) ASAM level 3.7 Medically Monitored Intensive | ||
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(5) ASAM level 3.1 Clinically Managed Low-Intensity | ||
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(e) Beginning in State fiscal year 2025, and every State fiscal year thereafter, reimbursement rates for licensed or certified substance use disorder treatment providers of ASAM Level 3 residential/inpatient services for persons with substance use disorders shall be adjusted upward by an amount equal to the Consumer Price Index-U from the previous year, not to exceed 2% in any State fiscal year. If there is a decrease in the Consumer Price Index-U, rates shall remain unchanged for that State fiscal year. The Department shall adopt rules, including emergency rules, in accordance with the Illinois Administrative Procedure Act, to implement the provisions of this Section. (Source: P.A. 102-699, eff. 4-19-22; 103-102, eff. 6-16-23; 103-588, eff. 6-5-24.) |
(20 ILCS 301/55-35) Sec. 55-35. Tobacco enforcement. (a) The Department of Human Services may contract with the Food and Drug Administration of the U.S. Department of Health and Human Services to conduct unannounced investigations of Illinois tobacco vendors to determine compliance with federal laws relating to the illegal sale of cigarettes and smokeless tobacco products to persons under the age of 18. (b) Grant funds received from the Food and Drug Administration of the U.S. Department of Health and Human Services for conducting unannounced investigations of Illinois tobacco vendors shall be deposited into the Tobacco Settlement Recovery Fund starting July 1, 2018.
(Source: P.A. 100-1012, eff. 8-21-18; 101-81, eff. 7-12-19.) |
(20 ILCS 301/55-36) Sec. 55-36. Compliance checks; tobacco retailers. (a) Definitions. As used in this Section: "Alternative nicotine product" has the meaning ascribed to that term in Section 1 of the Prevention of Tobacco Use by
Persons under 21 Years of Age and Sale and Distribution of
Tobacco Products Act. "E-cigarette" has the meaning ascribed to the term "electronic cigarette" in Section 10-5 of the Tobacco Products Tax Act of 1995. "Retailer" has the meaning ascribed to that term in Section 10-5 of the Tobacco Products Tax Act of 1995. (b) As a means to reduce the consumption of tobacco products, alternative nicotine products, and e-cigarettes by persons under 21 years of age, the Department may conduct compliance checks of retailers to investigate whether such retailers are selling tobacco products, alternative nicotine products, or e-cigarettes to persons under 21 years of age in violation of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Compliance checks may be conducted by underage individuals under the supervision of local law enforcement and the Illinois State Police. The Illinois State Police shall communicate with local police departments and sheriffs' departments to ensure coordination and collaboration and to ensure its efforts do not duplicate any local compliance check activities. Underage individuals who purchase tobacco products, alternative nicotine products, or e-cigarettes while conducting supervised compliance checks shall not be in violation of any local or State laws pertaining to underage tobacco purchase or possession.
(Source: P.A. 102-576, eff. 1-1-22.) |
(20 ILCS 301/55-40) Sec. 55-40. Recovery residences. (a) As used in this Section, "recovery residence" means a sober, safe, and healthy living environment that promotes recovery from alcohol and other drug use and associated problems. These residences are not subject to Department licensure as they are viewed as independent living residences that only provide peer support and a lengthened exposure to the culture of recovery. (b) The Department shall develop and maintain an online registry for recovery residences that operate in Illinois to serve as a resource for individuals seeking continued recovery assistance. (c) Non-licensable recovery residences are encouraged to register with the Department and the registry shall be publicly available through online posting. (d) The registry shall indicate any accreditation, certification, or licensure that each recovery residence has received from an entity that has developed uniform national standards. The registry shall also indicate each recovery residence's location in order to assist providers and individuals in finding alcohol and drug free housing options with like-minded residents who are committed to alcohol and drug free living. (e) Registrants are encouraged to seek national accreditation from any entity that has developed uniform State or national standards for recovery residences. (f) The Department shall include a disclaimer on the registry that states that the recovery residences are not regulated by the Department and their listing is provided as a resource but not as an endorsement by the State.
(Source: P.A. 100-1062, eff. 1-1-19; 101-81, eff. 7-12-19.) |
(20 ILCS 301/55-45) Sec. 55-45. Notice of death of patient. Any licensed facility operating in this State shall provide notice of the death of a patient occurring in the facility to the personal representative, if known, of the patient as specified in this Section. The facility shall attempt to provide verbal notice to the personal representative, if known, of the patient within 24 hours after the death of the patient and shall provide written notice to the personal representative, if known, of the patient within 5 days after the death of the patient. The facility shall provide notice under this subsection in accordance with 42 CFR 2.15(b) and 45 CFR 164.502(g), as amended. For the purposes of this subsection, "personal representative" has the meaning set forth in 45 CFR 164.502(g).
(Source: P.A. 103-942, eff. 8-9-24.) |
(20 ILCS 301/Art. 90 heading) ARTICLE 90.
AMENDATORY PROVISIONS
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(20 ILCS 301/90-5)
Sec. 90-5.
(Amendatory provisions; text omitted).
(Source: P.A. 88-80; text omitted.)
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(20 ILCS 301/Art. 95 heading) ARTICLE 95.
REPEALERS
|
(20 ILCS 301/95-5)
Sec. 95-5.
The Illinois Alcoholism and Other Drug Dependency Act
is repealed.
(Source: P.A. 88-80.)
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(20 ILCS 301/Art. 99 heading) ARTICLE 99.
EFFECTIVE DATE
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(20 ILCS 301/99-5)
Sec. 99-5.
This Act shall take effect upon becoming law.
(Source: P.A. 88-80.)
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