Public Act 094-1033
Public Act 1033 94TH GENERAL ASSEMBLY
|Public Act 094-1033
||LRB094 15518 RSP 50717 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Sections 10-5, 10-10,
10-15, and 15-10 as follows:
(20 ILCS 301/10-5)
Illinois Advisory Council established.
the Illinois Advisory Council on Alcoholism and
Other Drug Dependency. 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
performance of their duties under this Act, and within the
available to them by the Department. The Council
shall annually elect a
presiding officer from among its
membership. The Council shall meet
at the call of the Department, or at the call of its
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. 88-80.)
(20 ILCS 301/10-10)
Powers and duties of the Council.
(a) advise the Department on ways to encourage public
support of the Department's programs.
(b) advise the Department on regulations and licensure
proposed by the
(c) advise the Department in the formulation,
implementation of the comprehensive State
plan for prevention, intervention,
treatment and relapse
prevention of alcoholism and other drug abuse and
(d) advise the Department on implementation of
alcoholism and other drug
abuse and dependency education
and prevention programs throughout the State.
(e) by January 1, 1995, and by January 1 of every third
cooperation with the Committee on
Women's Alcohol and Substance Abuse
Treatment, submit to
the Governor and General Assembly a planning document,
specific to Illinois' female population. The document
shall contain, but need
not be limited to, interagency
information concerning the types of services
client population served, the support services available
provided during the preceding 3 year period, and the
proposed methods of achievement, client
projections and cost estimate for the
upcoming 3 year
period. The document may include, if deemed necessary and
appropriate, recommendations regarding the reorganization
of the Department to
enhance and increase prevention,
treatment and support services available to
(f) perform other duties as requested by the Secretary.
(g) advise the Department in the planning,
development, and coordination of programs among all
agencies and departments of State government, including
programs to reduce alcoholism and drug addiction, prevent
the use of illegal drugs and abuse of legal drugs by
persons of all ages, and prevent the use of alcohol by
(h) promote and encourage participation by the private
sector, including business, industry, labor, and the
media, in programs to prevent alcoholism and other drug
abuse and dependency.
(i) encourage the implementation of programs to
prevent alcoholism and other drug abuse and dependency in
the public and private schools and educational
institutions, including establishment of alcoholism and
other drug abuse and dependency programs.
(j) gather information, conduct hearings, and make
recommendations to the Secretary concerning additions,
deletions, or rescheduling of substances under the
Illinois Controlled Substances Act.
(k) report annually to the General Assembly regarding
the activities and recommendations made by the Council.
With the advice and consent of the Secretary, the presiding
officer shall annually appoint a Special Committee on
Licensure, which shall advise the Secretary on particular cases
which the Department intends to take action that is adverse
applicant or license holder, and shall review an annual
report submitted by the
Secretary summarizing all licensure
sanctions imposed by the
(Source: P.A. 88-80; 89-507, eff. 7-1-97.)
(20 ILCS 301/10-15)
Qualification and appointment of members.
the Illinois Advisory Council shall consist of:
(a) a State's Attorney designated by the President of
the Illinois State's
(b) a judge designated by the Chief Justice of the
Illinois Supreme Court.
(c) a Public Defender appointed by the President of the
(d) a local law enforcement officer appointed by the
(e) a labor representative appointed by the Governor.
(f) an educator appointed by the Governor.
(g) a physician licensed to practice medicine in all
by the Governor with due regard for
the appointee's knowledge of the field of
other drug abuse and dependency.
(h) 4 members of the Illinois House of Representatives,
2 each appointed
by the Speaker and Minority Leader.
(i) 4 members of the Illinois Senate, 2 each appointed
by the President
and Minority Leader.
(j) the President of the Illinois Alcoholism and Drug
(k) an advocate for the needs of youth appointed by the
(l) the President of the Illinois State Medical Society
or his or her
(m) the President of the Illinois Hospital Association
or his or her
(n) the President of the Illinois Nurses Association or
a registered nurse
designated by the President.
(o) the President of the Illinois Pharmacists
Association or a licensed
pharmacist designated by the
(p) the President of the Illinois Chapter of the
Association of Labor
Management Administrators and
Consultants on Alcoholism.
(p-1) the President of the Community Behavioral
of Illinois or his or her designee.
(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
of whom shall be
representatives of alcoholism or other
drug abuse and dependency treatment
programs and one of
whom shall be a representative of a manufacturer or
importing distributor of alcoholic liquor licensed by the
State of Illinois,
and 3 public members appointed by each
of the President and Minority Leader of
the Senate and the
Speaker and Minority Leader of the House.
(t) The Director, Secretary, or other chief
administrative officer, ex officio, or his or her designee,
of each of the following: the Department on Aging, the
Department of Children and Family Services, the Department
of Corrections, the Department of Juvenile Justice, the
Department of Healthcare and Family Services, the
Department of Revenue, the Department of Public Health, the
Department of Financial and Professional Regulation, the
Department of State Police, the Administrative Office of
the Illinois Courts, the Criminal Justice Information
Authority, and the Department of Transportation.
(u) Each of the following, ex officio, or his or her
designee: the Secretary of State, the State Superintendent
of Education, and the Chairman of the Board of Higher
The public members may not be officers or employees of the
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
members, due consideration shall be given to the experience of
appointees in the fields of medicine, law, prevention,
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
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
legislative service, whichever occurs first. The terms of
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. 91-329, eff. 7-29-99.)
(20 ILCS 301/15-10)
No person or program may
services or conduct the activities described in
this Section without first
obtaining a license therefor from
the Department. The Department shall, by
licensure requirements for each of the following categories of
(a) Residential treatment for alcoholism and other
, sub-acute inpatient treatment,
clinically managed or medically monitored detoxification,
and residential extended care (formerly halfway house)
(b) Outpatient treatment for alcoholism and other drug
(c) The screening, assessment, referral or tracking of
by the criminal justice system as having
indications of alcoholism or other
drug abuse or
(d) D.U.I. evaluation services for Illinois courts and
the Secretary of
(e) D.U.I. remedial education services for Illinois
courts or the
(f) Recovery home services for persons in early
recovery from substance abuse or for persons who have
recently completed or who may still be receiving substance
abuse treatment services.
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 primary
(Source: P.A. 91-922, eff. 7-7-00.)
(20 ILCS 301/10-40 rep.)
(20 ILCS 301/10-45 rep.)
(20 ILCS 301/10-50 rep.)
The Alcoholism and Other Drug Abuse and
Dependency Act is amended by repealing Sections 10-40, 10-45,
This Act takes effect July 1,
Effective Date: 7/1/2007