Illinois General Assembly - Full Text of Public Act 100-0494
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Public Act 100-0494


Public Act 0494 100TH GENERAL ASSEMBLY



Public Act 100-0494
HB3161 EnrolledLRB100 08029 KTG 18113 b

    AN ACT concerning State government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by adding Section 5-10 and by adding
Section 20-30 as follows:
    (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 a comprehensive and
    coordinated community-based and culturally and
    gender-appropriate array of services throughout the State
    for the prevention, intervention, treatment and
    rehabilitation of alcohol and other drug abuse and
    dependency that is accessible and addresses the needs of
    at-risk or addicted individuals and their families.
        (2) Act as the exclusive State agency to accept,
    receive and expend, pursuant to appropriation, any public
    or private monies, grants or services, including those
    received from the federal government or from other State
    agencies, for the purpose of providing an array of services
    for the prevention, intervention, treatment and
    rehabilitation of alcoholism or other drug abuse or
    dependency. Monies received by the Department shall be
    deposited into appropriate funds as may be created by State
    law or administrative action.
        (2.5) In partnership with the Department of Healthcare
    and Family Services, act as one of the principal State
    agencies for the sole purpose of calculating the
    maintenance of effort requirement under Section 1930 of
    Title XIX, Part B, Subpart II of the Public Health Service
    Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR
        (3) Coordinate a statewide strategy among State
    agencies for the prevention, intervention, treatment and
    rehabilitation of alcohol and other drug abuse and
    dependency. This strategy shall include the development of
    an annual comprehensive State plan for the provision of an
    array of services for education, prevention, intervention,
    treatment, relapse prevention and other services and
    activities to alleviate alcoholism and other drug abuse and
    dependency. The plan shall be based on local
    community-based needs and upon data including, but not
    limited to, that which defines the prevalence of and costs
    associated with the abuse of and dependency upon alcohol
    and other drugs. This comprehensive State plan shall
    include identification of problems, needs, priorities,
    services and other pertinent information, including the
    needs of minorities and other specific populations in the
    State, and shall describe how the identified problems and
    needs will be addressed. For purposes of this paragraph,
    the term "minorities and other specific populations" may
    include, but shall not be limited to, groups such as women,
    children, intravenous drug users, persons with AIDS or who
    are HIV infected, African-Americans, Puerto Ricans,
    Hispanics, Asian Americans, the elderly, persons in the
    criminal justice system, persons who are clients of
    services provided by other State agencies, persons with
    disabilities and such other specific populations as the
    Department may from time to time identify. In developing
    the plan, the Department shall seek input from providers,
    parent groups, associations and interested citizens.
        Beginning with State fiscal year 1996, the annual
    comprehensive State plan developed under this Section
    shall include an explanation of the rationale to be used in
    ensuring that funding shall be based upon local community
    needs, including, but not limited to, the incidence and
    prevalence of, and costs associated with, the abuse of and
    dependency upon alcohol and other drugs, as well as upon
    demonstrated program performance.
        The annual comprehensive State plan developed under
    this Section shall contain a report detailing the
    activities of and progress made by the programs for the
    care and treatment of addicted pregnant women, addicted
    mothers and their children established under subsection
    (j) of Section 35-5 of this Act.
        Each State agency which provides or funds alcohol or
    drug prevention, intervention and treatment services shall
    annually prepare an agency plan for providing such
    services, and these shall be used by the Department in
    preparing the annual comprehensive statewide plan. Each
    agency's annual plan for alcohol and drug abuse services
    shall contain a report on the activities and progress of
    such services in the prior year. The Department may provide
    technical assistance to other State agencies, as required,
    in the development of their agency plans.
        (4) Lead, foster and develop cooperation, coordination
    and agreements among federal and State governmental
    agencies and local providers that provide assistance,
    services, funding or other functions, peripheral or
    direct, in the prevention, intervention, treatment or
    rehabilitation of alcoholism and other drug abuse and
    dependency. This shall include, but shall not be limited
    to, the following:
            (A) Cooperate with and assist the Department of
        Corrections and the Department on Aging in
        establishing and conducting programs relating to
        alcoholism and other drug abuse and dependency among
        those populations which they respectively serve.
            (B) Cooperate with and assist the Illinois
        Department of Public Health in the establishment,
        funding and support of programs and services for the
        promotion of maternal and child health and the
        prevention and treatment of infectious diseases,
        including but not limited to HIV infection, especially
        with respect to those persons who may abuse drugs by
        intravenous injection, or may have been sexual
        partners of drug abusers, or may have abused substances
        so that their immune systems are impaired, causing them
        to be at high risk.
            (C) Supply to the Department of Public Health and
        prenatal care providers a list of all alcohol and other
        drug abuse service providers for addicted pregnant
        women in this State.
            (D) Assist in the placement of child abuse or
        neglect perpetrators (identified by the Illinois
        Department of Children and Family Services) who have
        been determined to be in need of alcohol or other drug
        abuse services pursuant to Section 8.2 of the Abused
        and Neglected Child Reporting Act.
            (E) Cooperate with and assist the Illinois
        Department of Children and Family Services in carrying
        out its mandates to:
                (i) identify alcohol and other drug abuse
            issues among its clients and their families; and
                (ii) develop programs and services to deal
            with such problems.
        These programs and services may include, but shall not
        be limited to, programs to prevent the abuse of alcohol
        or other drugs by DCFS clients and their families,
        rehabilitation services, identifying child care needs
        within the array of alcohol and other drug abuse
        services, and assistance with other issues as
            (F) Cooperate with and assist the Illinois
        Criminal Justice Information Authority with respect to
        statistical and other information concerning drug
        abuse incidence and prevalence.
            (G) Cooperate with and assist the State
        Superintendent of Education, boards of education,
        schools, police departments, the Illinois Department
        of State Police, courts and other public and private
        agencies and individuals in establishing prevention
        programs statewide and preparing curriculum materials
        for use at all levels of education. An agreement shall
        be entered into with the State Superintendent of
        Education to assist in the establishment of such
            (H) Cooperate with and assist the Illinois
        Department of Healthcare and Family Services in the
        development and provision of services offered to
        recipients of public assistance for the treatment and
        prevention of alcoholism and other drug abuse and
            (I) Provide training recommendations to other
        State agencies funding alcohol or other drug abuse
        prevention, intervention, treatment or rehabilitation
        (5) From monies appropriated to the Department from the
    Drunk and Drugged Driving Prevention Fund, make grants to
    reimburse DUI evaluation and remedial education programs
    licensed by the Department for the costs of providing
    indigent persons with free or reduced-cost services
    relating to a charge of driving under the influence of
    alcohol or other drugs.
        (6) Promulgate regulations to provide appropriate
    standards for publicly and privately funded programs as
    well as for levels of payment to government funded programs
    which provide an array of services for prevention,
    intervention, treatment and rehabilitation for alcoholism
    and other drug abuse or dependency.
        (7) In consultation with local service providers,
    specify a uniform statistical methodology for use by
    agencies, organizations, individuals and the Department
    for collection and dissemination of statistical
    information regarding services related to alcoholism and
    other drug use and abuse. This shall include prevention
    services delivered, the number of persons treated,
    frequency of admission and readmission, and duration of
        (8) Receive data and assistance from federal, State and
    local governmental agencies, and obtain copies of
    identification and arrest data from all federal, State and
    local law enforcement agencies for use in carrying out the
    purposes and functions of the Department.
        (9) Designate and license providers to conduct
    screening, assessment, referral and tracking of clients
    identified by the criminal justice system as having
    indications of alcoholism or other drug abuse or dependency
    and being eligible to make an election for treatment under
    Section 40-5 of this Act, and assist in the placement of
    individuals who are under court order to participate in
        (10) Designate medical examination and other programs
    for determining alcoholism and other drug abuse and
        (11) Encourage service providers who receive financial
    assistance in any form from the State to assess and collect
    fees for services rendered.
        (12) Make grants with funds appropriated from the Drug
    Treatment Fund in accordance with Section 7 of the
    Controlled Substance and Cannabis Nuisance Act, or in
    accordance with Section 80 of the Methamphetamine Control
    and Community Protection Act, or in accordance with
    subsections (h) and (i) of Section 411.2 of the Illinois
    Controlled Substances Act.
        (13) Encourage all health and disability insurance
    programs to include alcoholism and other drug abuse and
    dependency as a covered illness.
        (14) Make such agreements, grants-in-aid and
    purchase-care arrangements with any other department,
    authority or commission of this State, or any other state
    or the federal government or with any public or private
    agency, including the disbursement of funds and furnishing
    of staff, to effectuate the purposes of this Act.
        (15) Conduct a public information campaign to inform
    the State's Hispanic residents regarding the prevention
    and treatment of alcoholism.
    (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 programs funded by the Department to
    include an education component to inform participants
    regarding the causes and means of transmission and methods
    of reducing the risk of acquiring or transmitting HIV
    infection, and to include funding for such education
    component in its support of the program.
        (2) Review all State agency applications for federal
    funds which include provisions relating to the prevention,
    early intervention and treatment of alcoholism and other
    drug abuse and dependency in order to ensure consistency
    with the comprehensive statewide plan developed pursuant
    to this Act.
        (3) Prepare, publish, evaluate, disseminate and serve
    as a central repository for educational materials dealing
    with the nature and effects of alcoholism and other drug
    abuse and dependency. Such materials may deal with the
    educational needs of the citizens of Illinois, and may
    include at least pamphlets which describe the causes and
    effects of fetal alcohol syndrome, which the Department may
    distribute free of charge to each county clerk in
    sufficient quantities that the county clerk may provide a
    pamphlet to the recipients of all marriage licenses issued
    in the county.
        (4) Develop and coordinate, with regional and local
    agencies, education and training programs for persons
    engaged in providing the array of services for persons
    having alcoholism or other drug abuse and dependency
    problems, which programs may include specific HIV
    education and training for program personnel.
        (5) Cooperate with and assist in the development of
    education, prevention and treatment programs for employees
    of State and local governments and businesses in the State.
        (6) Utilize the support and assistance of interested
    persons in the community, including recovering addicts and
    alcoholics, to assist individuals and communities in
    understanding the dynamics of addiction, and to encourage
    individuals with alcohol or other drug abuse or dependency
    problems to voluntarily undergo treatment.
        (7) Promote, conduct, assist or sponsor basic
    clinical, epidemiological and statistical research into
    alcoholism and other drug abuse and dependency, and
    research into the prevention of those problems either
    solely or in conjunction with any public or private agency.
        (8) Cooperate with public and private agencies,
    organizations and individuals in the development of
    programs, and to provide technical assistance and
    consultation services for this purpose.
        (9) Publish or provide for the publishing of a manual
    to assist medical and social service providers in
    identifying alcoholism and other drug abuse and dependency
    and coordinating the multidisciplinary delivery of
    services to addicted pregnant women, addicted mothers and
    their children. The manual may be used only to provide
    information and may not be used by the Department to
    establish practice standards. The Department may not
    require recipients to use specific providers nor may they
    require providers to refer recipients to specific
    providers. The manual may include, but need not be limited
    to, the following:
            (A) Information concerning risk assessments of
        women seeking prenatal, natal, and postnatal medical
            (B) Information concerning risk assessments of
        infants who may be substance-affected.
            (C) Protocols that have been adopted by the
        Illinois Department of Children and Family Services
        for the reporting and investigation of allegations of
        child abuse or neglect under the Abused and Neglected
        Child Reporting Act.
            (D) Summary of procedures utilized in juvenile
        court in cases of children alleged or found to be
        abused or neglected as a result of being born to
        addicted women.
            (E) Information concerning referral of addicted
        pregnant women, addicted mothers and their children by
        medical, social service, and substance abuse treatment
        providers, by the Departments of Children and Family
        Services, Public Aid, Public Health, and Human
            (F) Effects of substance abuse on infants and
        guidelines on the symptoms, care, and comfort of
        drug-withdrawing infants.
            (G) Responsibilities of the Illinois Department of
        Public Health to maintain statistics on the number of
        children in Illinois addicted at birth.
        (10) To the extent permitted by federal law or
    regulation, establish and maintain a clearinghouse and
    central repository for the development and maintenance of a
    centralized data collection and dissemination system and a
    management information system for all alcoholism and other
    drug abuse prevention, early intervention and treatment
        (11) Fund, promote or assist programs, services,
    demonstrations or research dealing with addictive or
    habituating behaviors detrimental to the health of
    Illinois citizens.
        (12) With monies appropriated from the Group Home Loan
    Revolving Fund, make loans, directly or through
    subcontract, to assist in underwriting the costs of housing
    in which individuals recovering from alcohol or other drug
    abuse or dependency may reside in groups of not less than 6
    persons, pursuant to Section 50-40 of this Act.
        (13) Promulgate such regulations as may be necessary
    for the administration of grants or to otherwise carry out
    the purposes and enforce the provisions of this Act.
        (14) Fund programs to help parents be effective in
    preventing substance abuse by building an awareness of
    drugs and alcohol and the family's role in preventing abuse
    through adjusting expectations, developing new skills, and
    setting positive family goals. The programs shall include,
    but not be limited to, the following subjects: healthy
    family communication; establishing rules and limits; how
    to reduce family conflict; how to build self-esteem,
    competency, and responsibility in children; how to improve
    motivation and achievement; effective discipline; problem
    solving techniques; and how to talk about drugs and
    alcohol. The programs shall be open to all parents.
(Source: P.A. 94-556, eff. 9-11-05; 95-331, eff. 8-21-07.)
    (20 ILCS 301/20-30 new)
    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
    prescription opioid addiction;
        (2) helpful hints for parents on how to discuss the
    dangers of heroin and prescription opioid addiction with
    their children;
        (3) information on available treatment options and
        (4) a listing of the toll-free number established by
    the Department to provide information and referral
    services for persons with questions concerning substance
    abuse and treatment; and
        (5) links to flyers and resources for download.
    The Department shall adopt any rules necessary to implement
the provisions of this Section.

Effective Date: 6/1/2018