Bill Text: IL HB5165 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Alcoholism and Other Drug Abuse and Dependency Act. Makes changes to various provisions concerning the Department of Human Services' functions under the Act; reporting deadlines; licensure requirements; the development of a statewide prevention system; comprehensive treatment services; discrimination in health coverage and the provision of health care services; and other matters. Defines terms. Renames the Compulsive Gambling Program the Disordered Gambling Program. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB5165 Detail]

Download: Illinois-2011-HB5165-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB5165 Introduced , by Rep. Greg Harris SYNOPSIS AS INTRODUCED:
20 ILCS 301/1-10
20 ILCS 301/5-10
20 ILCS 301/5-20
20 ILCS 301/10-10
20 ILCS 301/10-15
20 ILCS 301/10-25
20 ILCS 301/10-55
20 ILCS 301/15-10
20 ILCS 301/20-5
20 ILCS 301/25-5
20 ILCS 301/25-10
20 ILCS 301/25-20
20 ILCS 301/30-5
20 ILCS 301/35-5
Amends the Alcoholism and Other Drug Abuse and Dependency Act. Makes changes to various provisions concerning the Department of Human Services' functions under the Act; reporting deadlines; licensure requirements; the development of a statewide prevention system; comprehensive treatment services; discrimination in health coverage and the provision of health care services; and other matters. Defines terms. Renames the Compulsive Gambling Program the Disordered Gambling Program. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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 changing Sections 1-10, 5-5, 5-10,
5-20, 10-10, 10-15, 10-25, 10-55, 15-10, 20-5, 25-5, 25-10,
25-20, 30-5, and 35-5 as follows:
(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:
"Act" means the Alcoholism and Other Drug Abuse and
Dependency Act.
"Addict" means a person who exhibits the disease known as
"addiction".
"Addiction" means a disease process characterized by the
continued use of a specific psycho-active substance despite
physical, psychological or social harm. The term also describes
the advanced stages of chemical dependency.
"Administrator" means a person responsible for
administration of a program.
"Alcoholic" means a person who exhibits the disease known
as "alcoholism".

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"Alcoholism" means a chronic and progressive disease or
illness characterized by preoccupation with and loss of control
over the consumption of alcohol, and the use of alcohol despite
adverse consequences. Typically, combinations of the following
tendencies are also present: periodic or chronic intoxication;
physical disability; impaired emotional, occupational or
social adjustment; tendency toward relapse; a detrimental
effect on the individual, his family and society; psychological
dependence; and physical dependence. Alcoholism is also known
as addiction to alcohol. Alcoholism is described and further
categorized in clinical detail in the DSM and the ICD.
"Array of services" means assistance to individuals,
families and communities in response to alcohol or other drug
abuse or dependency. The array of services includes, but is not
limited to: prevention assistance for communities and schools;
case finding, assessment and intervention to help individuals
stop abusing alcohol or other drugs; case management;
detoxification to aid individuals in physically withdrawing
from alcohol or other drugs; short-term and long-term treatment
and recovery support services to help individuals and family
members begin the process of recovery; prescription and
dispensing of the drug methadone or other medications as an
adjunct to treatment; relapse prevention services;
co-occurring mental health and substance use disorder
treatment; education and counseling for children or other
co-dependents of alcoholics or other drug abusers or addicts.

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Such services may include telecounseling, telepsychiatry,
computer based services, and other services provided with the
aid of electronic technology.
"ASAM" means the American Society of Addiction Medicine, a
professional organization for physicians who specialize in the
treatment of addiction, and ASAM's Patient Placement Criteria
(ASAM PPC-2R).
"Case management" means those services which will assist
individuals in gaining access to needed social, educational,
medical, treatment and other services.
"Children of alcoholics or drug addicts or abusers of
alcohol and other drugs" means the minor or adult children of
individuals who have abused or been dependent upon alcohol or
other drugs. These children may or may not become dependent
upon alcohol or other drugs themselves; however, they are
physically, psychologically, and behaviorally at high risk of
developing the illness. Children of alcoholics and other drug
abusers experience emotional and other problems, and benefit
from prevention and treatment services provided by funded and
non-funded agencies licensed by the Department.
"Coalitions" means a formal arrangement for cooperation
and collaboration among groups or sectors of a community, in
which each group retains its identity, but all agree to work
together toward a common goal of building a safe, healthy, and
drug-free community.
"Co-dependents" means individuals who are involved in the

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lives of and are affected by people who are dependent upon
alcohol and other drugs. Co-dependents compulsively engage in
behaviors that cause them to suffer adverse physical,
emotional, familial, social, behavioral, vocational, and legal
consequences as they attempt to cope with the alcohol or drug
dependent person. People who become co-dependents include
spouses, parents, siblings, and friends of alcohol or drug
dependent people. Co-dependents benefit from prevention and
treatment services provided by agencies licensed by the
Department.
"Controlled substance" means any substance or immediate
precursor which is enumerated in the schedules of Article II of
the Illinois Controlled Substances Act or the Cannabis Control
Act.
"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 which
involves the use or threat of physical force or violence
against another individual.
"Department" means the Illinois Department of Human
Services as successor to the former Department of Alcoholism
and Substance Abuse.
"Designated program" means a program designated by the
Department to provide services described in subsection (c) or

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(d) of Section 15-10 of this Act. A designated program's
primary function is screening, assessing, referring and
tracking clients identified by the criminal justice system, and
the program agrees to apply statewide the standards, uniform
criteria and procedures established by the Department pursuant
to such designation.
"Detoxification" means the process of allowing an
individual to safely withdraw from a drug in a controlled
environment.
"DSM" means the most current edition of the Diagnostic and
Statistical Manual of Mental Disorders.
"D.U.I." means driving under the influence of alcohol or
other substances which may cause impairment of driving ability.
"Facility" means the building or premises which are used
for the provision of licensable program services, including
support services, as set forth by rule.
"ICD" means the most current edition of the International
Classification of Diseases.
"Incapacitated" means that a person is unconscious or
otherwise exhibits, by overt behavior or by extreme physical
debilitation, an inability to care for his own needs or to
recognize the obvious danger of his situation or to make
rational decisions with respect to his need for treatment.
"Intermediary person" means a person with expertise
relative to addiction, alcoholism, and the abuse of alcohol or
other drugs who may be called on to assist the police in

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carrying out enforcement or other activities with respect to
persons who abuse or are dependent on alcohol or other drugs.
"Intervention" means readily accessible activities which
assist individuals and their partners or family members in
coping with the immediate problems of alcohol and other drug
abuse or dependency, and in reducing their alcohol and other
drug use. Intervention can facilitate emotional and social
stability, and involves referring people for further treatment
as needed.
"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.
"Local advisory council" means an alcohol and substance
abuse body established in a county, township or community area,
which represents public and private entities having an interest
in the prevention and treatment of alcoholism or other drug
abuse.
"Off-site services" means licensable program services or
activities which are conducted at a location separate from the
primary service location of the provider, and which services
are operated by a program or entity licensed under this Act.
"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

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regional, state and national organizations to reduce
alcoholism, prevent and eliminate the use of alcohol by minors,
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.
"Program" means a licensable or fundable activity or
service, or a coordinated range of such activities or services,
as the Department may establish by rule.
"Recovery" means the long-term, often life-long, process
in which an addicted person changes the way in which he makes
decisions and establishes personal and life priorities. The
evolution of this decision-making and priority-setting process
is generally manifested by an obvious improvement in the
individual's life and lifestyle and by his overcoming the abuse
of or dependence on alcohol or other drugs. Recovery is also
generally manifested by prolonged periods of abstinence from
addictive chemicals which are not medically supervised.
Recovery is the goal of treatment.
"Recovery support" means an organized recovery maintenance
service, delivered in a wide variety of settings, for
individuals (adult or adolescent) with a substance use disorder
diagnosis who are either in treatment or have been discharged
from treatment. Recovery Support services are designed to
support an individual's recovery. These services may be
provided directly to the individual in one-on-one or group

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settings; or they may be provided on behalf of the individual
to assist them in obtaining services that will support their
recovery. The length and frequency of such services varies
according to the individual's needs. Examples of such services
include, but are not limited to: recovery support groups;
individual recovery checkups; follow-up contacts; and recovery
support service coordination which might include
transportation and assistance in obtaining services to meet
substance abuse treatment, health, employment, education,
legal, housing, and other needs.
"Rehabilitation" means a process whereby those clinical
services necessary and appropriate for improving an
individual's life and lifestyle and for overcoming his or her
abuse of or dependency upon alcohol or other drugs, or both,
are delivered in an appropriate setting and manner as defined
in rules established by the Department.
"Relapse" means a process which is manifested by a
progressive pattern of behavior that reactivates the symptoms
of a disease or creates debilitating conditions in an
individual who has experienced remission from addiction or
alcoholism.
"Secretary" means the Secretary of Human Services or his or
her designee.
"Substance abuse" or "abuse" shall have the meaning set
forth in the most current edition of the Diagnostic and
Statistical Manual (DSM), published by the American

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Psychiatric Association. means a pattern of use of alcohol or
other drugs with the potential of leading to immediate
functional problems or to alcoholism or other drug dependency,
or to the use of alcohol and/or other drugs solely for purposes
of intoxication. The term also means the use of illegal drugs
by persons of any age, and the use of alcohol by persons under
the age of 21.
"Substance use disorder" shall have the meaning set forth
in the most current edition of the Diagnostic and Statistical
Manual (DSM), published by the American Psychiatric
Association.
"Treatment" means the broad range of emergency,
outpatient, intermediate, and sub-acute inpatient or
residential services and care (including assessment,
diagnosis, medical, psychiatric, psychological and social
services, care and counseling, and aftercare) which may be
extended to individuals who abuse or are dependent on alcohol
or other drugs or families of those persons.
(Source: P.A. 89-202, eff. 7-21-95; 89-428, eff. 12-13-95;
89-462, eff. 5-29-96; 89-507, eff. 7-1-97; 90-14, eff. 7-1-97;
90-135, eff. 7-22-97.)
(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,

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the Department shall carry out the following activities:
(1) Design, coordinate, and sufficiently 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.
(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

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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,
the Illinois Alcoholism and Drug Dependence Association,
the Community Behavioral Healthcare Association of
Illinois, parent groups, associations, and interested
citizens.
Beginning with State fiscal year 1996, the annual

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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,

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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

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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
required.
(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

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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
programs.
(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
dependency.
(I) Provide training recommendations to other
State agencies funding alcohol or other drug abuse
prevention, intervention, treatment or rehabilitation
services.
(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

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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 and
applicable trade associations, 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 treatment.
(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
treatment.

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(10) Designate medical examination and other programs
for determining alcoholism and other drug abuse and
dependency.
(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

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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) In conjunction with any public or private agency,
prepare 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 Spectrum Disorders (FASD) 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

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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

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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
care.
(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

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pregnant women, addicted mothers and their children by
medical, social service, and substance abuse treatment
providers, by the Departments of Children and Family
Services, Healthcare and Family Services Public Aid,
Public Health, and Human Services.
(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
services.
(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

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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 301/5-20)
Sec. 5-20. Disordered Compulsive gambling program.
(a) Subject to appropriation, the Department shall
establish a program for public education, research, and
training regarding disordered problem and compulsive gambling
and the treatment and prevention of disordered problem and
compulsive gambling.

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(b) Disordered gambling shall have the meaning set forth in
the most current edition of the Diagnostic and Statistical
Manual (DSM), published by the American Psychiatric
Association.
Subject to specific appropriation for these stated
purposes, the program must include all of the following:
(1) Establishment and maintenance of a toll-free "800"
telephone number to provide crisis counseling and referral
services to families experiencing difficulty as a result of
problem or disordered compulsive gambling.
(2) Promotion of public awareness regarding the
recognition and prevention of problem and disordered
compulsive gambling.
(3) Facilitation, through in-service training and
other means, of the availability of effective assistance
programs for problem and disordered compulsive gamblers.
(4) Conducting studies to identify adults and
juveniles in this State who are, or who are at risk of
becoming, problem or disordered compulsive gamblers.
(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 problem and disordered

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compulsive gambling.
(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 Riverboat
Gambling Act.
(d) The Department shall fund programs for the treatment of
disordered gambling within the available funds appropriated by
the General Assembly and approved by the Governor.
(Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)
(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
understanding and support of the Department's programs.
(b) Advise the Department on regulations and licensure
proposed by the Department.
(c) Advise the Department in the formulation,
preparation and implementation of the comprehensive State
plan for prevention, intervention, treatment and relapse
prevention of alcoholism and other drug abuse and
dependency.
(d) Advise the Department on implementation of
alcoholism and other drug abuse and dependency education

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and prevention programs throughout the State.
(e) By January 1, 2011 1995, and by January 1 of every
third year thereafter, in cooperation with entities
including but not limited to the Advisory Council and 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 funded, the client population served, the
support services available and provided during the
preceding 3 year period, and the goals, objectives,
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 recovery support services available to sufficiently
meet 15% of the annual need as defined by annual studies
published by the U.S. Department of Health and Human
Services women.
(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

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the use of illegal drugs and abuse of legal drugs by
persons of all ages, and prevent the use of alcohol by
minors.
(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
on which the Department intends to take action that is adverse
to an applicant or license holder, and shall review an annual
report submitted by the Secretary summarizing all licensure
sanctions imposed by the Department.
(Source: P.A. 94-1033, eff. 7-1-07.)

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(20 ILCS 301/10-15)
Sec. 10-15. Qualification and appointment of members. The
membership of the Illinois Advisory Council shall consist of:
(a) A State's Attorney designated by the President of
the Illinois State's Attorneys Association.
(b) A judge designated by the Chief Justice of the
Illinois Supreme Court.
(c) A Public Defender appointed by the President of the
Illinois Public Defenders Association.
(d) A local law enforcement officer appointed by the
Governor.
(e) A labor representative appointed by the Governor.
(f) An educator appointed by the Governor.
(g) A physician licensed to practice medicine in all
its branches appointed by the Governor with due regard for
the appointee's knowledge of the field of alcoholism and
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 Chief Executive Officer President of the
Illinois Alcoholism and Drug Dependence Association or his
or her designee.
(k) An advocate for the needs of youth appointed by the

HB5165 - 28 - LRB097 18265 KTG 63491 b
Governor.
(l) The President of the Illinois State Medical Society
or his or her designee.
(m) The President of the Illinois Hospital Association
or his or her designee.
(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
President.
(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
Healthcare Association 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

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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
Education.
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

HB5165 - 30 - LRB097 18265 KTG 63491 b
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. 94-1033, eff. 7-1-07.)
(20 ILCS 301/10-25)
Sec. 10-25. Powers and duties of the Committee. The
Committee shall have the following powers and duties:
(a) To advise the Council and the Secretary in the
development of intervention, prevention and treatment
objectives and standards, educational and outreach
programs, and support services specific to the needs of
women.
(b) To advise the Council and the Secretary in the
formulation, preparation and implementation of a State
plan for intervention, prevention and treatment of

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alcoholism and other drug abuse and dependency targeted to
women.
(c) To advise the Council and the Secretary regarding
strategies to enhance service delivery to women.
(d) To advise the Council and the Secretary in the
development and implementation of a State plan, in
conjunction with the Department of Children and Family
Services, to provide child care services, at no or low
cost, to addicted mothers with children who are receiving
substance abuse treatment services.
(e) By January December 1, 1994, and by January
December 1 of every third year thereafter, to prepare and
submit to the Council for approval 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 funded, the
client population served, the support services available
and provided during the preceding 3 year period, and the
goals, objectives, 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 women.
(f) perform other duties as requested by the Council or
the Secretary.

HB5165 - 32 - LRB097 18265 KTG 63491 b
(Source: P.A. 88-80; 89-507, eff. 7-1-97.)
(20 ILCS 301/10-55)
Sec. 10-55. Medical Advisory Committee. The Secretary
shall appoint a Medical Advisory Committee to the Department,
consisting of up to 15 physicians licensed to practice medicine
in all of its branches in Illinois who shall serve in an
advisory capacity to the Secretary. The membership of the
Medical Advisory Committee shall reasonably reflect
representation from the geographic areas and the range of
alcoholism and other drug abuse and dependency service
providers in the State. In making appointments, the Secretary
shall give consideration to recommendations made by the
Illinois State Medical Society, the Illinois Society of
Addiction Medicine, and other appropriate professional
organizations. All appointments shall be made with regard to
the interest and expertise of the individual with regard to
alcoholism and other drug abuse and dependency services. At a
minimum, those appointed to the Committee shall include
representatives of Board-certified psychiatrists,
community-based and hospital-based alcoholism or other drug
dependency treatment programs, and Illinois medical schools.
Members shall serve 3-year terms and until their successors
are appointed and qualified, except that of the initial
appointments, one-third of the members shall be appointed for
one year, one-third shall be appointed for 2 years, and

HB5165 - 33 - LRB097 18265 KTG 63491 b
one-third shall be appointed for 3 years and until their
successors are appointed and qualified. Appointments to fill
vacancies shall be made in the same manner as the original
appointments, for the unexpired portion of the vacated term.
Initial terms shall begin on January 1, 1994. Members shall
elect a chairperson annually from among their membership.
(Source: P.A. 88-80; 89-507, eff. 7-1-97.)
(20 ILCS 301/15-10)
Sec. 15-10. Licensure categories. 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. The Department shall, by rule, provide
licensure requirements, including, but not limited to, for each
of the following categories of service:
(a) Residential treatment for alcoholism and other
drug dependency, 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
abuse and dependency.
(c) The screening, assessment, referral, and or
tracking of clients identified by the criminal justice
system as having indications of alcoholism or other drug
abuse or dependency.
(d) D.U.I. evaluation services for Illinois courts and

HB5165 - 34 - LRB097 18265 KTG 63491 b
the Secretary of State.
(e) D.U.I. remedial education services for Illinois
courts or the Secretary of State.
(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.
With respect to substance use disorders, coverage for
inpatient treatment shall include coverage for treatment in a
sub-acute inpatient residential treatment center licensed by
the Department.
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 service location.
(Source: P.A. 94-1033, eff. 7-1-07.)
(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
alcoholism and alcohol abuse, prevent the use of illegal drugs
and the abuse of 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

HB5165 - 35 - LRB097 18265 KTG 63491 b
governmental systems will facilitate effective and efficient
program implementation and utilization of existing resources.
(b) The statewide system developed under this Section shall
be responsible for:
(1) providing programs and technical assistance to
improve the ability of Illinois communities and schools to
develop, implement and evaluate prevention programs.
(2) initiating and fostering continuing cooperation
among the Department, Department-funded prevention
programs, other community-based prevention providers and
other State, regional, or local systems or agencies which
have an interest in alcohol and other drug use or abuse
prevention.
(c) In developing, and 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
awareness and knowledge of the nature and extent of alcohol
and other drug use, abuse and dependency and their effects
on individuals, families and communities.
(2) conducting or providing prevention skill building
or education through the use of structured experiences.
(3) developing, or supporting, and advocating with new
and existing local community coalitions or
neighborhood-based grassroots networks using action
planning and collaborative systems to initiate change

HB5165 - 36 - LRB097 18265 KTG 63491 b
regarding alcohol and other drug use and abuse in their
community.
(4) encouraging, and supporting, and advocating for
programs and activities that emphasize alcohol and other
drug-free lifestyles socialization.
(5) drafting and implementing efficient plans for the
use of available resources to address issues of alcohol and
other drug abuse prevention.
(6) coordinating local programs of alcoholism, alcohol
abuse, and other drug abuse education and prevention.
(7) encouraging the development of local advisory
councils.
(8) encouraging and supporting programs, practices,
policies, and activities that emphasize environmental
strategies impacting norms, availability, and regulations
around alcohol and other drug abuse.
(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

HB5165 - 37 - LRB097 18265 KTG 63491 b
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. 88-80.)
(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 a full array of intervention, treatment, and
recovery support aftercare for persons suffering from alcohol
and other drug abuse and dependency. 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. 88-80.)
(20 ILCS 301/25-10)
Sec. 25-10. Promulgation of regulations. The Department

HB5165 - 38 - LRB097 18265 KTG 63491 b
shall adopt regulations for the licensure of programs
acceptance of persons for treatment, taking into consideration
available resources and facilities, for the purpose of early
and effective treatment of alcoholism and other drug abuse and
dependency.
(Source: P.A. 88-80.)
(20 ILCS 301/25-20)
Sec. 25-20. Applicability of patients' rights. All persons
who are receiving or who have received intervention, treatment,
or recovery support aftercare services under this Act shall be
afforded those rights enumerated in Article 30.
(Source: P.A. 88-80.)
(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 intervention,
treatment, or recovery support aftercare services under this
Act.
(b) No patient who is receiving or who has received
intervention, treatment, or recovery support aftercare
services under this Act 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 status as a patient of a

HB5165 - 39 - LRB097 18265 KTG 63491 b
program.
(c) Persons who abuse or are dependent on alcohol or other
drugs who are also suffering from medical conditions shall not
be discriminated against in admission or treatment by any
hospital which receives support in any form from any program
supported in whole or in part by funds appropriated to any
State department or agency, or by any health plan or health
insurer required to comply with the federal parity requirements
or the State parity requirements set forth in the Illinois
Insurance Code.
(d) Every patient shall have impartial access to services
without regard to race, religion, sex, ethnicity, age, sexual
orientation, marital status, or handicap.
(e) Patients shall be permitted the free exercise of
religion.
(e-5) Nondiscrimination.
(1) Discrimination in health coverage. It shall be
unlawful for any health plan or health insurance program to
use records described in subsection (bb) of this Section to
deny or condition the issuance or effectiveness of a plan,
policy, or coverage (including the imposition of any
exclusion of benefits under the plan, policy, or coverage
based on a preexisting condition) or to discriminate in the
pricing of the plan, policy, or coverage (including
adjusting the premium rates) of an individual on the basis
of the contents of such records.

HB5165 - 40 - LRB097 18265 KTG 63491 b
(2) Discrimination in the provision of health care
services. It shall be unlawful for any health care provider
to deny access to or discriminate in the provision of
medically necessary health care services to an individual
who is the subject of a record described in subsection (a)
of this Section on the basis of the contents of such
record. Nothing in this subsection is intended to require a
health care provider to deliver a service which is
clinically inappropriate or which the health care provider
does not ordinarily provide to the general public. Nor is
anything in this Section intended to prevent a substance
abuse recovery program, residential program, or other
program from conditioning access to and continuing
participation in the program on maintenance of sobriety or
non-possession of alcohol or drugs.
(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
individual treatment plan.
(g) Treatment services shall be provided in the least
restrictive environment possible.
(h) Each patient shall be provided an individual treatment
plan, which shall be periodically reviewed and updated as
necessary.
(i) Every patient shall be permitted to participate in the
planning of his total care and medical treatment to the extent

HB5165 - 41 - LRB097 18265 KTG 63491 b
that his condition permits.
(j) A person shall not be denied treatment solely because
he has withdrawn from treatment against medical advice on a
prior occasion or because he has relapsed after earlier
treatment or, when in medical crisis, because of inability to
pay.
(k) The patient in treatment shall be permitted visits by
family and significant others, unless such visits are
clinically contraindicated.
(l) A patient in treatment shall be allowed to conduct
private telephone conversations with family and friends unless
clinically contraindicated.
(m) A patient shall be permitted to send and receive mail
without hindrance, unless clinically contraindicated.
(n) A patient shall be permitted to manage his own
financial affairs unless he or his guardian, or if the patient
is a minor, his parent, authorizes another competent person to
do so.
(o) A patient shall be permitted to request the opinion of
a consultant at his 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 own
physician, the treatment provider or the treatment provider's

HB5165 - 42 - LRB097 18265 KTG 63491 b
consulting physician complete and current information
concerning the nature of care, procedures and treatment which
he will receive.
(q) A patient shall be permitted to refuse to participate
in any experimental research or medical procedure without
compromising his access to other, non-experimental services.
Before a patient is placed in an experimental research or
medical procedure, the provider must first obtain his informed
written consent or otherwise comply with the federal
requirements regarding the protection of human subjects
contained in 45 C.F.R. Part 46.
(r) All medical treatment and procedures shall be
administered as ordered by a physician. In order to assure
compliance by the treatment program with all physician orders,
all new physician orders shall be reviewed by the treatment
program's staff within a reasonable period of time after such
orders have been issued. "Medical treatment and procedures"
means those services that can be ordered only by a physician
licensed to practice medicine in all of its branches in
Illinois.
(s) Every patient shall be permitted to refuse medical
treatment and to know the consequences of such action. Such
refusal by a patient shall free the treatment program 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

HB5165 - 43 - LRB097 18265 KTG 63491 b
a minor, shall be permitted to inspect and copy all clinical
and other records kept by the treatment program or by his
physician concerning his care and maintenance. The treatment
program or physician may charge a reasonable fee for the
duplication of a record.
(u) No owner, licensee, administrator, employee, or agent
of a treatment program shall abuse or neglect a patient. If
staff is aware of abuse of a client, then it is their duty to
report abuse consistent with State and federal statutes. It is
the duty of any program employee or agent who becomes aware of
such abuse or neglect to report it to the Department
immediately.
(v) The administrator of a program may refuse access to the
program to any person if the actions of that person while in
the program are or could be injurious to the health and safety
of a patient or the program, or if the person seeks access to
the program for commercial purposes.
(v-5) All patients admitted to community-based treatment
facilities shall be considered voluntary treatment patients
and such patients will not be contained within a locked
setting.
(w) When possible, upon receipt of the patient's request,
the provider shall work with a patient to be discharged to
develop a post-treatment or aftercare plan. Should the patient
be unavailable or refuse, this information shall be documented
in the client's record. A patient may be discharged from a

HB5165 - 44 - LRB097 18265 KTG 63491 b
program after he gives the administrator written notice of his
desire to be discharged or upon completion of his prescribed
course of treatment. No patient shall be discharged or
transferred without the preparation of a post-treatment
aftercare plan by the program.
(x) Patients and their families or legal guardians shall
have the right to present complaints concerning the quality of
care provided to the patient, without threat of discharge or
reprisal in any form or manner whatsoever. The treatment
provider shall have in place a mechanism for receiving and
responding to such complaints, and shall inform the patient and
his 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 family member or legal guardian who makes a complaint
shall receive a timely response from the provider which
substantively addresses the complaint. The provider shall
inform the patient and his family or legal guardian about other
sources of assistance if the provider has not resolved the
complaint to the satisfaction of the patient or his family or
legal guardian.
(y) A resident may refuse to perform labor at a program
unless such labor is a part of his individual treatment program
as documented in his clinical record.
(z) A person who is in need of treatment may apply for
voluntary admission to a treatment program in the manner and

HB5165 - 45 - LRB097 18265 KTG 63491 b
with the rights provided for under regulations promulgated by
the Department. If a person is refused admission to a licensed
treatment program, the staff of the program, subject to rules
promulgated by the Department, shall refer the person to
another treatment or other appropriate program.
(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 program or activity relating to alcohol or
other drug abuse or dependency education, early intervention,
intervention, training, treatment or rehabilitation which 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 alcohol and drug abuse
patient records as contained in 42 U.S.C. Section 290dd-2
Sections 290dd-3 and 290ee-3 and 42 C.F.R. Part 2.
(1) The following are exempt from the confidentiality
protections set forth in 42 C.F.R. Section 2.12(c):
(A) Veteran's Administration records.
(B) Information obtained by the Armed Forces.

HB5165 - 46 - LRB097 18265 KTG 63491 b
(C) Information given to qualified service
organizations.
(D) Communications within a program or between a
program and an entity having direct administrative
control over that program.
(E) Information given to law enforcement personnel
investigating a patient's commission of a crime on the
program premises or against program personnel.
(F) Reports under State law of incidents of
suspected child abuse and neglect; however,
confidentiality restrictions continue to apply to the
records and any follow-up information for disclosure
and use in civil or criminal proceedings arising from
the report of suspected abuse or neglect.
Notwithstanding the foregoing, the program's
cooperation with the Department of Children and Family
Services by allowing access to the patient involved in
the mandated report or to staff members for interviews,
shall be deemed part of the mandated reporting
responsibilities under State law and permissible for
disclosure under 42 C.F.R. Part 2.
(2) If the information is not exempt, a disclosure can
be made only under the following circumstances:
(A) With patient consent as set forth in 42 C.F.R.
Sections 2.1(b)(1) and 2.31, and as consistent with
pertinent State law.

HB5165 - 47 - LRB097 18265 KTG 63491 b
(B) For medical emergencies as set forth in 42
C.F.R. Sections 2.1(b)(2) and 2.51.
(C) For research activities as set forth in 42
C.F.R. Sections 2.1(b)(2) and 2.52.
(D) For audit evaluation activities as set forth in
42 C.F.R. Section 2.53.
(E) With a court order as set forth in 42 C.F.R.
Sections 2.61 through 2.67.
(3) The restrictions on disclosure and use of patient
information apply whether the holder of the information
already has it, has other means of obtaining it, is a law
enforcement or other official, has obtained a subpoena, or
asserts any other justification for a disclosure or use
which is not permitted by 42 C.F.R. Part 2. Any court
orders authorizing disclosure of patient records under
this Act must comply with the procedures and criteria set
forth in 42 C.F.R. Sections 2.64 and 2.65. Except as
authorized by a court order granted under this Section, no
record referred to in this Section may be used to initiate
or substantiate any charges against a patient or to conduct
any investigation of a patient.
(4) The prohibitions of this subsection shall apply to
records concerning any person who has been a patient,
regardless of whether or when he ceases to be a patient.
(5) Any person who discloses the content of any record
referred to in this Section except as authorized shall,

HB5165 - 48 - LRB097 18265 KTG 63491 b
upon conviction, be guilty of a Class A misdemeanor.
(6) The Department shall prescribe regulations to
carry out the purposes of this subsection. These
regulations may contain such definitions, and may provide
for such safeguards and procedures, including procedures
and criteria for the issuance and scope of court orders, as
in the judgment of the Department are necessary or proper
to effectuate the purposes of this Section, to prevent
circumvention or evasion thereof, or to facilitate
compliance therewith.
(cc) Each patient shall be given a written explanation of
all the rights enumerated in this Section. 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.
(Source: P.A. 90-655, eff. 7-30-98.)
(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 addicted pregnant women

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and mothers, including those who are minors, and their children
who are affected by alcoholism and other drug abuse or
dependency, the Department shall have responsibility for an
ongoing exchange of referral information, as set forth in
subsections (b) and (c) of this Section, among the following:
(1) those who provide medical and social services to
pregnant women, mothers and their children, whether or not
there exists evidence of alcoholism or other drug abuse or
dependency. These include providers in the Healthy
Moms/Healthy Kids program, the Drug Free Families With a
Future program, the Parents Too Soon program, and any other
State-funded medical or social service programs which
provide services to pregnant women.
(2) providers of treatment services to women affected
by alcoholism or other drug abuse or dependency.
(b) The Department may, in conjunction with the Departments
of Children and Family Services, Public Health, and Healthcare
and Family Services Public Aid, develop and maintain an updated
and comprehensive list of medical and social service providers
by geographic region. The Department may periodically send this
comprehensive list of medical and social service providers to
all providers of treatment for alcoholism and other drug abuse
and dependency, identified under subsection (f) of this
Section, so that appropriate referrals can be made. The
Department shall obtain the specific consent of each provider
of services before publishing, distributing, verbally making

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information available for purposes of referral, or otherwise
publicizing the availability of services from a provider. The
Department may make information concerning availability of
services available to recipients, but may not order require
recipients to specific sources of care.
(c) The Department may, on an ongoing basis, keep all
medical and social service providers identified under
subsection (b) of this Section informed about any relevant
changes in any laws relating to alcoholism and other drug abuse
and dependency, about services that are available from any
State agencies for addicted pregnant women and addicted mothers
and their children, and about any other developments that the
Department finds to be informative.
(d) All providers of treatment for alcoholism and other
drug abuse and dependency may receive information from the
Department on the availability of services under the Drug Free
Families with a Future or any comparable program providing case
management services for alcoholic or addicted women, including
information on appropriate referrals for other services that
may be needed in addition to treatment.
(e) The Department may implement the policies and programs
set forth in this Section with the advice of the Committee on
Women's Alcohol and Substance Abuse Treatment created under
Section 10-20 of this Act.
(f) The Department shall develop and maintain an updated
and comprehensive directory of service providers that provide

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treatment services to pregnant women, mothers, and their
children in this State. The Department shall disseminate an
updated directory as often as is necessary to the list of
medical and social service providers compiled under subsection
(b) of this Section. The Department shall obtain the specific
consent of each provider of services before publishing,
distributing, verbally making information available for
purposes of referral or otherwise using or publicizing the
availability of services from a provider. The Department may
make information concerning availability of services available
to recipients, but may not require recipients to use specific
sources of care.
(g) As a condition of any State grant or contract, the
Department shall require that any treatment program for
addicted women 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 the Healthy Moms/Healthy Kids
program, the Drug Free Families with a Future program, or
any comparable program providing case management services
to assure ongoing monitoring and coordination of services
after the addicted woman has returned home.
(2) coordination with medical services for individual
medical care of addicted pregnant women, including
prenatal care under the supervision of a physician.
(3) coordination with child care services under any

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State plan developed pursuant to subsection (e) of Section
10-25 of this Act.
(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 addicted pregnant women, addicted mothers and
their children. The program shall be in Cook County in an area
of high density population having a disproportionate number of
addicted women 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
residencies or recovery homes in areas having a

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disproportionate number of women who abuse alcohol or other
drugs and need residential treatment and counseling. Priority
shall be given to addicted and abusing women who:
(A) are pregnant,
(B) have minor children,
(C) are both pregnant and have minor children, or
(D) are referred by medical personnel because they
either have given birth to a baby addicted to a controlled
substance, or will give birth to a baby addicted to a
controlled substance.
(4) The services provided by the programs shall include but
not be limited to:
(A) individual medical care, including prenatal care,
under the supervision of a physician.
(B) temporary, residential shelter for pregnant women,
mothers and children when necessary.
(C) a range of educational or counseling services.
(D) comprehensive and coordinated social services,
including substance abuse therapy groups for the treatment
of alcoholism and other drug abuse and dependency; family
therapy groups; programs to develop positive
self-awareness; parent-child therapy; and residential
support groups.
(5) No services that require a license shall be provided
until and unless the recovery home or other residence obtains
and maintains the requisite license.

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(Source: P.A. 88-80.)
Section 99. Effective date. This Act takes effect upon
becoming law.