Bill Text: IL SB3410 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Act on the Aging. Provides that the Illinois Commission on LGBTQ Aging shall submit annual reports to the Illinois General Assembly, the Governor, the Director of Aging, and the Illinois Council on Aging (rather than the Illinois General Assembly) with a final report due by no later than March 30, 2026 (rather than submit a First Report on March 30, 2023 and a Second Report on March 30, 2025). Makes changes to the contents of the reports. Provides for the repeal of provisions concerning the Illinois Commission on LGBTQ Aging on May 16, 2026 (rather than on May 16, 2025). Amends the Department of Transportation Law. Provides that the Secretary of Transportation shall prepare and submit to the General Assembly, on or before January 1, 2026 (rather than January 1, 2025), a report of findings based on the Zero Traffic Fatalities Task Force's efforts. Provides for the repeal of provisions concerning the Zero Traffic Fatalities Task Force on January 1, 2027 (rather than January 1, 2026). Amends the Illinois Income Tax Act. Provides that the employer of one or more qualifying apprentices shall be allowed a credit against specified provisions of the Act for qualified education expenses incurred on behalf of a qualifying apprentice for taxable years beginning on or after January 1, 2020, and beginning on or before January 1, 2026 (rather than beginning on or before January 1, 2025). Amends the Reimagine Public Safety Act. Extends the deadline for behavioral health services to use grants under the Act. Extends the deadline for community violence prevention service providers being reimbursed under specified provisions to file a plan to become Medicaid certified. Amends the Illinois Vehicle Code. Provides that the changes made by Public Act 103-789 apply to each individual whose license was suspended from January 1, 2020 through June 30, 2025. Amends the Code of Criminal Procedure of 1963. In a provision concerning assessment waivers, specifies that, through July 1, 2025 (rather than July 1, 2024), in a county having a population of more than 3,000,000, "assessments" means any costs imposed on a criminal defendant under Article 15 of the Criminal and Traffic Assessment Act, including any violation of the Illinois Vehicle Code. Amends the Unemployment Insurance Act. Provides that, with respect to any benefit year beginning on or after January 1, 2027 (currently, January 1, 2025) and before January 1, 2028 (currently, January 1, 2026), an individual's weekly benefit amount shall be 40.6% of the individual's prior average weekly wage. Provides that, with respect to any benefit year beginning on or after January 1, 2027 (currently, January 1, 2025) and before January 1, 2028 (currently, January 1, 2026), an individual to whom benefits are payable with respect to any week shall be paid additional benefits if specified conditions are satisfied. Removes contingent provisions that become operative if and only if funds from the State treasury are not appropriated on or before January 31, 2023 that are dedicated to pay all outstanding advances made to the State's account in the Unemployment Trust Fund. Replaces pronouns with gender-neutral terms. Amends the Out-of-State Person Subject to Involuntary Admission on an Inpatient Basis Mental Health Treatment Act. Extends the Act's repeal date from January 1, 2025 to January 1, 2026. Extends the repeal date of provisions in the following Acts: the Illinois Administrative Procedure Act, the Department of Commerce and Economic Opportunity Law, the Illinois Power Agency Act, the Counties Code, and the Park Commissioners Land Sale Act. Amends Public Act 103-789. Changes the effective date of the Public Act to July 1, 2025 (rather than January 1, 2025). Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Enrolled) 2024-11-20 - Passed Both Houses [SB3410 Detail]

Download: Illinois-2023-SB3410-Engrossed.html

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SB3410 Engrossed LRB103 38675 KTG 68812 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 Substance Use Disorder Act is amended by
changing Sections 1-5, 1-10, 5-5, 5-10, 5-20, 10-10, 10-15,
15-5, 15-10, 20-5, 25-5, 25-10, 30-5, 35-5, 35-10, 50-40,
55-30, and 55-40 as follows:
(20 ILCS 301/1-5)
Sec. 1-5. Legislative declaration. Substance use and
gambling disorders, as defined in this Act, constitute a
serious public health problem. The effects on public safety
and the criminal justice system cause serious social and
economic losses, as well as great human suffering. It is
imperative that a comprehensive and coordinated strategy be
developed under the leadership of a State agency. This
strategy should be implemented through the facilities of
federal and local government and community-based agencies
(which may be public or private, volunteer or professional).
Through local prevention, early intervention, treatment, and
other recovery support services, this strategy should empower
those struggling with these substance use disorders (and, when
appropriate, the families of those persons) to lead healthy
lives.

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The human, social, and economic benefits of preventing
these substance use disorders are great, and it is imperative
that there be interagency cooperation in the planning and
delivery of prevention, early intervention, treatment, and
other recovery support services in Illinois.
The provisions of this Act shall be liberally construed to
enable the Department to carry out these objectives and
purposes.
(Source: P.A. 100-759, eff. 1-1-19.)
(20 ILCS 301/1-10)
Sec. 1-10. Definitions. As used in this Act, unless the
context clearly indicates otherwise, the following words and
terms have the following meanings:
"Case management" means a coordinated approach to the
delivery of health and medical treatment, substance use
disorder treatment, gambling disorder treatment, mental health
treatment, and social services, linking patients with
appropriate services to address specific needs and achieve
stated goals. In general, case management assists patients
with other disorders and conditions that require multiple
services over extended periods of time and who face difficulty
in gaining access to those services.
"Crime of violence" means any of the following crimes:
murder, voluntary manslaughter, criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual

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assault of a child, armed robbery, robbery, arson, kidnapping,
aggravated battery, aggravated arson, or any other felony that
involves the use or threat of physical force or violence
against another individual.
"Department" means the Department of Human Services.
"DUI" means driving under the influence of alcohol or
other drugs.
"Designated program" means a category of service
authorized by an intervention license issued by the Department
for delivery of all services as described in Article 40 in this
Act.
"Early intervention" means services, authorized by a
treatment license, that are sub-clinical and pre-diagnostic
and that are designed to screen, identify, and address risk
factors that may be related to problems associated with a
substance use or gambling disorder substance use disorders and
to assist individuals in recognizing harmful consequences.
Early intervention services facilitate emotional and social
stability and involve involves referrals for treatment, as
needed.
"Facility" means the building or premises are used for the
provision of licensable services, including support services,
as set forth by rule.
"Gambling disorder" means persistent and recurrent
problematic gambling behavior leading to clinically
significant impairment or distress. recurring maladaptive

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gambling behavior that disrupts personal, family, or
vocational pursuits.
"Gambling" means the risking of money or other items of
value in games of chance, including video gaming, sports
betting, and other games of chance.
"Gaming" means the action or practice of playing video
games.
"Holds itself out" means any activity that would lead one
to reasonably conclude that the individual or entity provides
or intends to provide licensable substance-related disorder
intervention or treatment services. Such activities include,
but are not limited to, advertisements, notices, statements,
or contractual arrangements with managed care organizations,
private health insurance, or employee assistance programs to
provide services that require a license as specified in
Article 15.
"Informed consent" means legally valid written consent,
given by a client, patient, or legal guardian, that authorizes
intervention or treatment services from a licensed
organization and that documents agreement to participate in
those services and knowledge of the consequences of withdrawal
from such services. Informed consent also acknowledges the
client's or patient's right to a conflict-free choice of
services from any licensed organization and the potential
risks and benefits of selected services.
"Intoxicated person" means a person whose mental or

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physical functioning is substantially impaired as a result of
the current effects of alcohol or other drugs within the body.
"Medication assisted treatment" means the prescription of
medications that are approved by the U.S. Food and Drug
Administration and the Center for Substance Abuse Treatment to
assist with treatment for a substance use disorder and to
support recovery for individuals receiving services in a
facility licensed by the Department. Medication assisted
treatment includes opioid treatment services as authorized by
a Department license.
"Off-site services" means licensable services are
conducted at a location separate from the licensed location of
the provider, and services are operated by an entity licensed
under this Act and approved in advance by the Department.
"Person" means any individual, firm, group, association,
partnership, corporation, trust, government or governmental
subdivision or agency.
"Prevention" means an interactive process of individuals,
families, schools, religious organizations, communities and
regional, state and national organizations whose goals are to
reduce the prevalence of substance use or gambling disorders,
prevent the use of illegal drugs and the abuse of legal drugs
by persons of all ages, prevent the use of alcohol by minors,
reduce the severity of harm in gambling by persons of all ages,
build the capacities of individuals and systems, and promote
healthy environments, lifestyles, and behaviors.

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"Recovery" means a process of change through which
individuals improve their health and wellness, live a
self-directed life, and reach their full potential.
"Recovery support" means services designed to support
individual recovery from a substance use or gambling disorder
that may be delivered pre-treatment, during treatment, or post
treatment. These services may be delivered in a wide variety
of settings for the purpose of supporting the individual in
meeting his or her recovery support goals.
"Secretary" means the Secretary of the Department of Human
Services or his or her designee.
"Substance use disorder" means a spectrum of persistent
and recurring problematic behavior that encompasses 10
separate classes of drugs: alcohol; caffeine; cannabis;
hallucinogens; inhalants; opioids; sedatives, hypnotics and
anxiolytics; stimulants; and tobacco; and other unknown
substances leading to clinically significant impairment or
distress.
"Treatment" means the broad range of emergency,
outpatient, and residential care (including assessment,
diagnosis, case management, treatment, and recovery support
planning) may be extended to individuals with substance use
disorders or to the families of those persons.
"Withdrawal management" means services designed to manage
intoxication or withdrawal episodes (previously referred to as
detoxification), interrupt the momentum of habitual,

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compulsive substance use and begin the initial engagement in
medically necessary substance use disorder treatment.
Withdrawal management allows patients to safely withdraw from
substances in a controlled medically-structured environment.
(Source: P.A. 100-759, eff. 1-1-19.)
(20 ILCS 301/5-5)
Sec. 5-5. Successor department; home rule.
(a) The Department of Human Services, as successor to the
Department of Alcoholism and Substance Abuse, shall assume the
various rights, powers, duties, and functions provided for in
this Act.
(b) It is declared to be the public policy of this State,
pursuant to paragraphs (h) and (i) of Section 6 of Article VII
of the Illinois Constitution of 1970, that the powers and
functions set forth in this Act and expressly delegated to the
Department are exclusive State powers and functions. Nothing
herein prohibits the exercise of any power or the performance
of any function, including the power to regulate, for the
protection of the public health, safety, morals and welfare,
by any unit of local government, other than the powers and
functions set forth in this Act and expressly delegated to the
Department to be exclusive State powers and functions.
(c) The Department shall, through accountable and
efficient leadership, example and commitment to excellence,
strive to reduce the incidence of substance use or gambling

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disorders by:
(1) Fostering public understanding of substance use
disorders and how they affect individuals, families, and
communities.
(2) Promoting healthy lifestyles.
(3) Promoting understanding and support for sound
public policies.
(4) Ensuring quality prevention, early intervention,
treatment, and other recovery support services that are
accessible and responsive to the diverse needs of
individuals, families, and communities.
(Source: P.A. 100-759, eff. 1-1-19.)
(20 ILCS 301/5-10)
Sec. 5-10. Functions of the Department.
(a) In addition to the powers, duties and functions vested
in the Department by this Act, or by other laws of this State,
the Department shall carry out the following activities:
(1) Design, coordinate and fund comprehensive
community-based and culturally and gender-appropriate
services throughout the State. These services must include
prevention, early intervention, treatment, and other
recovery support services for substance use disorders that
are accessible and address the needs of at-risk
individuals and their families.
(2) Act as the exclusive State agency to accept,

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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 prevention, early
intervention, treatment, and other recovery support
services for substance use or gambling disorders.
(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
96.134).
(3) Coordinate a statewide strategy for the
prevention, early intervention, treatment, and recovery
support of substance use or gambling disorders. This
strategy shall include the development of a comprehensive
plan, submitted annually with the application for federal
substance use disorder block grant funding, for the
provision of an array of such services. 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 these substance
use disorders. This comprehensive plan shall include
identification of problems, needs, priorities, services
and other pertinent information, including the needs of

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marginalized communities minorities and other specific
priority populations in the State, and shall describe how
the identified problems and needs will be addressed. For
purposes of this paragraph, the term "marginalized
communities minorities and other specific priority
populations" may include, but shall not be limited to,
groups such as women, children, persons who use
intravenous drugs intravenous drug users, persons with
AIDS or who are HIV infected, veterans, 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.
The 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, these substance
use disorders, as well as upon demonstrated program
performance.
The plan developed under this Section shall also
contain a report detailing the activities of and progress

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made through services for the care and treatment of these
substance use disorders among pregnant women and mothers
and their children established under subsection (j) of
Section 35-5.
As applicable, the plan developed under this Section
shall also include information about funding by other
State agencies for prevention, early intervention,
treatment, and other recovery support services.
(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, early intervention, treatment,
and recovery support for substance use or gambling
disorders. This shall include, but shall not be limited
to, the following:
(A) Cooperate with and assist other State
agencies, as applicable, in establishing and
conducting these substance use disorder services among
the populations 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

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with respect to those persons who are high risk due to
intravenous injection of illegal drugs, or who may
have been sexual partners of these individuals, or who
may have impaired immune systems as a result of a
substance use disorder.
(C) Supply to the Department of Public Health and
prenatal care providers a list of all providers who
are licensed to provide substance use disorder
treatment for 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 (DCFS)) who
have been determined to be in need of substance use
disorder treatment pursuant to Section 8.2 of the
Abused and Neglected Child Reporting Act.
(E) Cooperate with and assist DCFS in carrying out
its mandates to:
(i) identify substance use and gambling
disorders among its clients and their families;
and
(ii) develop services to deal with such
disorders.
These services may include, but shall not be limited
to, programs to prevent or treat substance use or
gambling disorders with DCFS clients and their
families, identifying child care needs within such

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treatment, 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 the
incidence and prevalence of substance use or gambling
disorders.
(G) Cooperate with and assist the State
Superintendent of Education, boards of education,
schools, police departments, the Illinois State
Police, courts and other public and private agencies
and individuals in establishing substance use or
gambling disorder prevention programs statewide and
preparing curriculum materials for use at all levels
of education.
(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 substance use or gambling disorders.
(I) (Blank).
(5) From monies appropriated to the Department from
the Drunk and Drugged Driving Prevention Fund, reimburse
DUI evaluation and risk education programs licensed by the
Department for providing indigent persons with free or
reduced-cost evaluation and risk education services

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relating to a charge of driving under the influence of
alcohol or other drugs.
(6) Promulgate regulations to identify and disseminate
best practice guidelines that can be utilized by publicly
and privately funded programs as well as for levels of
payment to government funded programs that provide
prevention, early intervention, treatment, and other
recovery support services for substance use or gambling
disorders and those services referenced in Sections 15-10
and 40-5.
(7) In consultation with providers and related trade
associations, specify a uniform methodology for use by
funded providers and the Department for billing and
collection and dissemination of statistical information
regarding services related to substance use or gambling
disorders.
(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 substance use disorders and being eligible
to make an election for treatment under Section 40-5 of

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this Act, and assist in the placement of individuals who
are under court order to participate in treatment.
(10) Identify and disseminate evidence-based best
practice guidelines as maintained in administrative rule
that can be utilized to determine a substance use or
gambling disorder diagnosis.
(11) (Blank).
(11.5) Make grants with funds appropriated to the
Department as provided in Section 50 of the Video Gaming
Act and subsection (c) of Section 13 of the Illinois
Gambling Act.
(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, or in accordance with Section
6z-107 of the State Finance Act.
(13) Encourage all health and disability insurance
programs to include substance use and gambling disorder
treatment as a covered services service and to use
evidence-based best practice criteria as maintained in
administrative rule and as required in Public Act 99-0480
in determining the necessity for such services and
continued stay.

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(14) Award grants and enter into fixed-rate and
fee-for-service 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 substance use or gambling disorders.
(b) In addition to the powers, duties and functions vested
in it by this Act, or by other laws of this State, the
Department may undertake, but shall not be limited to, the
following activities:
(1) Require all organizations licensed or funded by
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 other infectious
diseases, and to include funding for such education
component in its support of the program.
(2) Review all State agency applications for federal
funds that include provisions relating to the prevention,
early intervention and treatment of substance use or
gambling disorders in order to ensure consistency.
(3) Prepare, publish, evaluate, disseminate and serve
as a central repository for educational materials dealing

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with the nature and effects of substance use or gambling
disorders. Such materials may deal with the educational
needs of the citizens of Illinois, and may include at
least pamphlets that describe the causes and effects of
fetal alcohol spectrum disorders.
(4) Develop and coordinate, with regional and local
agencies, education and training programs for persons
engaged in providing services for persons with substance
use or gambling disorders, which programs may include
specific HIV education and training for program personnel.
(5) Cooperate with and assist in the development of
education, prevention, early intervention, 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 persons, to
assist individuals and communities in understanding the
dynamics of substance use or gambling disorders, and to
encourage individuals with these substance use disorders
to voluntarily undergo treatment.
(7) Promote, conduct, assist or sponsor basic
clinical, epidemiological and statistical research into
substance use or gambling disorders 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,

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organizations, institutions of higher education, and
individuals in the development of programs, and to provide
technical assistance and consultation services for this
purpose.
(9) (Blank).
(10) (Blank).
(11) Fund, promote, or assist entities dealing with
substance use or gambling disorders.
(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 substance use
or gambling disorders may reside, pursuant to Section
50-40 of this Act.
(13) Promulgate such regulations as may be necessary
to carry out the purposes and enforce the provisions of
this Act.
(14) Provide funding to help parents be effective in
preventing substance use or gambling disorders by building
an awareness of the family's role in preventing these
substance use disorders 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

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responsibility in children; how to improve motivation and
achievement; effective discipline; problem solving
techniques; healthy gaming and play habits; appropriate
financial planning and investment strategies; how to talk
about gambling and related activities; and how to talk
about substance use or gambling drugs and alcohol. The
programs shall be open to all parents.
(15) Establish an Opioid Remediation Services Capital
Investment Grant Program. The Department may, subject to
appropriation and approval through the Opioid Overdose
Prevention and Recovery Steering Committee, after
recommendation by the Illinois Opioid Remediation Advisory
Board, and certification by the Office of the Attorney
General, make capital improvement grants to units of local
government and substance use prevention, treatment, and
recovery service providers addressing opioid remediation
in the State for approved abatement uses under the
Illinois Opioid Allocation Agreement. The Illinois Opioid
Remediation State Trust Fund shall be the source of
funding for the program. Eligible grant recipients shall
be units of local government and substance use prevention,
treatment, and recovery service providers that offer
facilities and services in a manner that supports and
meets the approved uses of the opioid settlement funds.
Eligible grant recipients have no entitlement to a grant
under this Section. The Department of Human Services may

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consult with the Capital Development Board, the Department
of Commerce and Economic Opportunity, and the Illinois
Housing Development Authority to adopt rules to implement
this Section and may create a competitive application
procedure for grants to be awarded. The rules may specify
the manner of applying for grants; grantee eligibility
requirements; project eligibility requirements;
restrictions on the use of grant moneys; the manner in
which grantees must account for the use of grant moneys;
and any other provision that the Department of Human
Services determines to be necessary or useful for the
administration of this Section. Rules may include a
requirement for grantees to provide local matching funds
in an amount equal to a specific percentage of the grant.
No portion of an opioid remediation services capital
investment grant awarded under this Section may be used by
a grantee to pay for any ongoing operational costs or
outstanding debt. The Department of Human Services may
consult with the Capital Development Board, the Department
of Commerce and Economic Opportunity, and the Illinois
Housing Development Authority in the management and
disbursement of funds for capital-related projects. The
Capital Development Board, the Department of Commerce and
Economic Opportunity, and the Illinois Housing Development
Authority shall act in a consulting role only for the
evaluation of applicants, scoring of applicants, or

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administration of the grant program.
(c) There is created within the Department of Human
Services an Office of Opioid Settlement Administration. The
Office shall be responsible for implementing and administering
approved abatement programs as described in Exhibit B of the
Illinois Opioid Allocation Agreement, effective December 30,
2021. The Office may also implement and administer other
opioid-related programs, including but not limited to
prevention, treatment, and recovery services from other funds
made available to the Department of Human Services. The
Secretary of Human Services shall appoint or assign staff as
necessary to carry out the duties and functions of the Office.
(Source: P.A. 102-538, eff. 8-20-21; 102-699, eff. 4-19-22;
103-8, eff. 6-7-23.)
(20 ILCS 301/5-20)
Sec. 5-20. Gambling disorders.
(a) Subject to appropriation, the Department shall
establish a program for public education, research, and
training regarding gambling disorders and the treatment and
prevention of gambling disorders. Subject to specific
appropriation for these stated purposes, the program must
include all of the following:
(1) Establishment and maintenance of a toll-free
hotline and website "800" telephone number to provide
crisis counseling and referral services for to families

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experiencing difficulty related to a as a result of
gambling disorder disorders.
(2) Promotion of public awareness regarding the
recognition and prevention of gambling disorders.
Promotion of public awareness to create a gambling
informed State regarding the impact of gambling disorders
on individuals, families, and communities and the stigma
that surrounds gambling disorders.
(3) Facilitation, through in-service training,
certification promotion, and other innovative means, of
the availability of effective assistance programs for
gambling disorders.
(4) Conducting studies to, and through other
innovative means, identify adults and juveniles in this
State who have, or who are at risk of developing, gambling
disorders.
(5) Utilize screening, crisis intervention, treatment,
public awareness, prevention, in-service training, and
other innovative means, to decrease the incidents of
suicide attempts related to a gambling disorder or
gambling issues.
(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 hotline and

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website toll-free telephone number, promote public awareness,
conduct research, fund treatment and recovery services, and
conduct in-service training concerning gambling disorders.
(c) The Department shall determine a statement regarding
obtaining assistance with a gambling disorder which each
licensed gambling establishment owner shall post and each
master sports wagering licensee shall include on the master
sports wagering licensee's portal, Internet website, or
computer or mobile application. Subject to appropriation, the
Department shall produce and supply the signs with the
statement as 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, Section 25.95 of the Sports Wagering
Act, and Section 13.1 of the Illinois Gambling Act, and the
Video Gaming Act.
(d) Programs; gambling disorder prevention.
(1) The Department may establish a program to provide
for the production and publication, in electronic and
other formats, of gambling prevention, recognition,
treatment, and recovery literature and other public
education methods. The Department may develop and
disseminate curricula for use by professionals,
organizations, individuals, or committees interested in
the prevention of gambling disorders.
(2) The Department may provide advice to State and

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local officials on gambling disorders, including the
prevalence of gambling disorders, programs treating or
promoting prevention of gambling disorders, trends in
gambling disorder prevalence, and the relationship between
gaming and gambling disorders.
(3) The Department may support gambling disorder
prevention, recognition, treatment, and recovery projects
by facilitating the acquisition of gambling prevention
curriculums, providing trainings in gambling disorder
prevention best practices, connecting programs to health
care resources, establishing learning collaboratives
between localities and programs, and assisting programs in
navigating any regulatory requirements for establishing or
expanding such programs.
(4) In supporting best practices in gambling disorder
prevention programming, the Department may promote the
following programmatic elements:
(A) Providing funding for community-based
organizations to employ community health workers or
peer recovery specialists who are familiar with the
communities served and can provide culturally
competent services.
(B) Collaborating with other community-based
organizations, substance use disorder treatment
centers, or other health care providers engaged in
treating individuals who are experiencing gambling

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disorder.
(C) Providing linkages for individuals to obtain
evidence-based gambling disorder treatment.
(D) Engaging individuals exiting jails or prisons
who are at a high risk of developing a gambling
disorder.
(E) Providing education and training to
community-based organizations who work directly with
individuals who are experiencing gambling disorders
and those individuals' families and communities.
(F) Providing education and training on gambling
disorder prevention and response to the judicial
system.
(G) Informing communities of the impact gambling
disorder has on suicidal ideation and suicide attempts
and the role health care professionals can have in
identifying appropriate treatment.
(H) Producing and distributing targeted mass media
materials on gambling disorder prevention and
response, and the potential dangers of gambling
related stigma.
(e) Grants.
(1) The Department may award grants, in accordance
with this subsection, to create or support local gambling
prevention, recognition, and response projects. Local
health departments, correctional institutions, hospitals,

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universities, community-based organizations, and
faith-based organizations may apply to the Department for
a grant under this subsection at the time and in the manner
the Department prescribes.
(2) In awarding grants, the Department shall consider
the necessity for gambling disorder prevention projects in
various settings and shall encourage all grant applicants
to develop interventions that will be effective and viable
in their local areas.
(3) In addition to moneys appropriated by the General
Assembly, the Department may seek grants from private
foundations, the federal government, and other sources to
fund the grants under this Section and to fund an
evaluation of the programs supported by the grants.
(4) The Department may award grants to create or
support local gambling treatment programs. Such programs
may include prevention, early intervention, residential
and outpatient treatment, and recovery support services
for gambling disorders. Local health departments,
hospitals, universities, community-based organizations,
and faith-based organizations may apply to the Department
for a grant under this subsection at the time and in the
manner the Department prescribes.
(Source: P.A. 100-759, eff. 1-1-19; 101-31, eff. 6-28-19.)
(20 ILCS 301/10-10)

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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 annual plan
submitted with the federal Substance Use Disorder Block
Grant application for prevention, early intervention,
treatment, and other recovery support services for
substance use disorders.
(d) Advise the Department on implementation of
substance use and gambling disorder education and
prevention programs throughout the State.
(e) Assist with incorporating into the annual plan
submitted with the federal Substance Use Disorder Block
Grant application, planning information specific to
Illinois' female population. The information shall
contain, but need not be limited to, the types of services
funded, the population served, the support services
available, and the goals, objectives, proposed methods of
achievement, service projections and cost estimate for the
upcoming year.
(f) Perform other duties as requested by the
Secretary.

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(g) Advise the Department in the planning,
development, and coordination of programs among all
agencies and departments of State government, including
programs to reduce substance use and gambling disorders,
prevent the misuse of illegal and legal drugs by persons
of all ages, prevent gambling and gambling behaviors while
gaming by minors, 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 substance use and gambling
disorders.
(i) Encourage the implementation of programs to
prevent substance use and gambling disorders in the public
and private schools and educational institutions.
(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 as requested to the General Assembly
regarding the activities and recommendations made by the
Council.
(Source: P.A. 100-759, eff. 1-1-19.)
(20 ILCS 301/10-15)
Sec. 10-15. Qualification and appointment of members. The

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membership of the Illinois Advisory Council may, as needed,
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 Defender 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 substance use
disorders.
(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 of the Illinois
Association for Behavioral Health or his or her designee.
(k) An advocate for the needs of youth appointed by
the Governor.
(l) The President of the Illinois State Medical

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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 Chief Executive Officer 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 substance use or
gambling disorder treatment programs and one of whom shall
be a representative of a manufacturer or importing
distributor of alcoholic liquor licensed by the State of
Illinois, and 3 public members appointed by each of the
President and Minority Leader of the Senate and the
Speaker and Minority Leader of the House.
(t) The Director, Secretary, or other chief
administrative officer, ex officio, or his or her

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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 Illinois 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

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by the leader of the same house and of the same political party
as the leader who originally appointed the member.
Each non-appointive member may designate a representative
to serve in his place by written notice to the Department. All
General Assembly members shall serve until their respective
successors are appointed or until termination of their
legislative service, whichever occurs first. The terms of
office for each of the members appointed by the Governor shall
be for 3 years, except that of the members first appointed, 3
shall be appointed for a term of one year, and 4 shall be
appointed for a term of 2 years. The terms of office of each of
the public members appointed by the legislative leaders shall
be for 2 years.
(Source: P.A. 102-538, eff. 8-20-21.)
(20 ILCS 301/15-5)
Sec. 15-5. Applicability.
(a) It is unlawful for any person to provide treatment for
substance use or gambling disorders or to provide services as
specified in subsections (a) and (b) of Section 15-10 of this
Act unless the person is licensed to do so by the Department.
The performance of these activities by any person in violation
of this Act is declared to be inimical to the public health and
welfare, and to be a public nuisance. The Department may
undertake such inspections and investigations as it deems
appropriate to determine whether licensable activities are

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being conducted without the requisite license.
(b) Nothing in this Act shall be construed to require any
hospital, as defined by the Hospital Licensing Act, required
to have a license from the Department of Public Health
pursuant to the Hospital Licensing Act to obtain any license
under this Act for any substance use disorder treatment
services operated on the licensed premises of the hospital,
and operated by the hospital or its designated agent, provided
that such services are covered within the scope of the
Hospital Licensing Act. No person or facility required to be
licensed under this Act shall be required to obtain a license
pursuant to the Hospital Licensing Act or the Child Care Act of
1969.
(c) Nothing in this Act shall be construed to require an
individual employee of a licensed program to be licensed under
this Act.
(d) Nothing in this Act shall be construed to require any
private professional practice, whether by an individual
practitioner, by a partnership, or by a duly incorporated
professional service corporation, that provides outpatient
treatment for substance use disorders to be licensed under
this Act, provided that the treatment is rendered personally
by the professional in his own name and the professional is
authorized by individual professional licensure or
registration from the Department of Financial and Professional
Regulation to provide substance use disorder treatment

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unsupervised. This exemption shall not apply to such private
professional practice that provides or holds itself out, as
defined in Section 1-10, as providing substance use disorder
outpatient treatment. This exemption shall also not apply to
licensable intervention services, research, or residential
treatment services as defined in this Act or by rule.
Notwithstanding any other provisions of this subsection to
the contrary, persons licensed to practice medicine in all of
its branches in Illinois shall not require licensure under
this Act unless their private professional practice provides
and holds itself out, as defined in Section 1-10, as providing
substance use disorder outpatient treatment.
(e) Nothing in this Act shall be construed to require any
employee assistance program operated by an employer or any
intervenor program operated by a professional association to
obtain any license pursuant to this Act to perform services
that do not constitute licensable treatment or intervention as
defined in this Act.
(f) Before any violation of this Act is reported by the
Department or any of its agents to any State's Attorney for the
institution of a criminal proceeding, the person against whom
such proceeding is contemplated shall be given appropriate
notice and an opportunity to present his views before the
Department or its designated agent, either orally or in
writing, in person or by an attorney, with regard to such
contemplated proceeding. Nothing in this Act shall be

SB3410 Engrossed - 35 - LRB103 38675 KTG 68812 b
construed as requiring the Department to report minor
violations of this Act whenever the Department believes that
the public interest would be adequately served by a suitable
written notice or warning.
(Source: P.A. 100-759, eff. 1-1-19.)
(20 ILCS 301/15-10)
Sec. 15-10. Licensure categories and services. No person
or program may provide the services or conduct the activities
described in this Section without first obtaining a license
therefor from the Department, unless otherwise exempted under
this Act. The Department shall, by rule, provide requirements
for each of the following types of licenses and categories of
service:
(a) Treatment: Categories of treatment service for a
substance use or gambling disorder authorized by a
treatment license are Early Intervention, Outpatient,
Intensive Outpatient/Partial Hospitalization, Subacute
Residential/Inpatient, and Withdrawal Management.
Medication assisted treatment that includes methadone used
for an opioid use disorder can be licensed as an adjunct to
any of the treatment levels of care specified in this
Section.
(b) Intervention: Categories of intervention service
authorized by an intervention license are DUI Evaluation,
DUI Risk Education, Designated Program, and Recovery Homes

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for persons in any stage of recovery from a substance use
or gambling disorder. Harm Reduction Services is another
category of intervention licensure that may be issued if
and when legal authorization is adopted to allow for
services and upon adoption of administrative or funding
rules that govern the delivery of these services.
The Department may, under procedures established by rule
and upon a showing of good cause for such, exempt off-site
services from having to obtain a separate license for services
conducted away from the provider's licensed location.
(Source: P.A. 100-759, eff. 1-1-19.)
(20 ILCS 301/20-5)
Sec. 20-5. Development of statewide prevention system.
(a) The Department shall develop and implement a
comprehensive, statewide, community-based strategy to reduce
substance use and gambling disorders and prevent the misuse of
illegal and legal drugs by persons of all ages, and to prevent
the use of alcohol by minors. The system created to implement
this strategy shall be based on the premise that coordination
among and integration between all community and governmental
systems will facilitate effective and efficient program
implementation and utilization of existing resources.
(b) The statewide system developed under this Section may
be adopted by administrative rule or funded as a grant award
condition and shall be responsible for:

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(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 that
have an interest in substance use disorder prevention.
(c) In developing, implementing, and advocating for this
statewide strategy and system, the Department may engage in,
but shall not be limited to, the following activities:
(1) Establishing and conducting programs to provide
awareness and knowledge of the nature and extent of
substance use and gambling disorders and their effect on
individuals, families, and communities.
(2) Conducting or providing prevention skill building
or education through the use of structured experiences.
(3) Developing, supporting, and advocating with new
and existing local community coalitions or
neighborhood-based grassroots networks using action
planning and collaborative systems to initiate change
regarding substance use and gambling disorders in their
communities.
(4) Encouraging, supporting, and advocating for
programs and activities that emphasize alcohol-free and
other drug-free lifestyles.

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(5) Drafting and implementing efficient plans for the
use of available resources to address issues of substance
use disorder prevention.
(6) Coordinating local programs of alcoholism and
other drug abuse education and prevention.
(7) Encouraging the development of local advisory
councils.
(d) In providing leadership to this system, the Department
shall take into account, wherever possible, the needs and
requirements of local communities. The Department shall also
involve, wherever possible, local communities in its statewide
planning efforts. These planning efforts shall include, but
shall not be limited to, in cooperation with local community
representatives and Department-funded agencies, the analysis
and application of results of local needs assessments, as well
as a process for the integration of an evaluation component
into the system. The results of this collaborative planning
effort shall be taken into account by the Department in making
decisions regarding the allocation of prevention resources.
(e) Prevention programs funded in whole or in part by the
Department shall maintain staff whose skills, training,
experiences and cultural awareness demonstrably match the
needs of the people they are serving.
(f) The Department may delegate the functions and
activities described in subsection (c) of this Section to
local, community-based providers.

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(Source: P.A. 100-759, eff. 1-1-19.)
(20 ILCS 301/25-5)
Sec. 25-5. Establishment of comprehensive treatment
system. The Department shall develop, fund and implement a
comprehensive, statewide, community-based system for the
provision of early intervention, treatment, and recovery
support services for persons suffering from substance use or
gambling disorders. The system created under this Section
shall be based on the premise that coordination among and
integration between all community and governmental systems
will facilitate effective and efficient program implementation
and utilization of existing resources.
(Source: P.A. 100-759, eff. 1-1-19.)
(20 ILCS 301/25-10)
Sec. 25-10. Promulgation of regulations. The Department
shall adopt regulations for licensure, certification for
Medicaid reimbursement, and to identify evidence-based best
practice criteria that can be utilized for intervention and
treatment services, taking into consideration available
resources and facilities, for the purpose of early and
effective treatment of substance use and gambling disorders.
(Source: P.A. 100-759, eff. 1-1-19.)
(20 ILCS 301/30-5)

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Sec. 30-5. Patients' rights established.
(a) For purposes of this Section, "patient" means any
person who is receiving or has received early intervention,
treatment, or other recovery support services under this Act
or any category of service licensed as "intervention" under
this Act.
(b) No patient shall be deprived of any rights, benefits,
or privileges guaranteed by law, the Constitution of the
United States of America, or the Constitution of the State of
Illinois solely because of his or her status as a patient.
(c) Persons who have substance use or gambling disorders
who are also suffering from medical conditions shall not be
discriminated against in admission or treatment by any
hospital that receives support in any form supported in whole
or in part by funds appropriated to any State department or
agency.
(d) Every patient shall have impartial access to services
without regard to race, religion, sex, ethnicity, age, sexual
orientation, gender identity, marital status, or other
disability.
(e) Patients shall be permitted the free exercise of
religion.
(f) Every patient's personal dignity shall be recognized
in the provision of services, and a patient's personal privacy
shall be assured and protected within the constraints of his
or her individual treatment.

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(g) Treatment services shall be provided in the least
restrictive environment possible.
(h) Each patient receiving treatment services shall be
provided an individual treatment plan, which shall be
periodically reviewed and updated as mandated by
administrative rule.
(i) Treatment shall be person-centered, meaning that every
patient shall be permitted to participate in the planning of
his or her total care and medical treatment to the extent that
his or her condition permits.
(j) A person shall not be denied treatment solely because
he or she has withdrawn from treatment against medical advice
on a prior occasion or had prior treatment episodes.
(k) The patient in residential treatment shall be
permitted visits by family and significant others, unless such
visits are clinically contraindicated.
(l) A patient in residential treatment shall be allowed to
conduct private telephone conversations with family and
friends unless clinically contraindicated.
(m) A patient in residential treatment shall be permitted
to send and receive mail without hindrance, unless clinically
contraindicated.
(n) A patient shall be permitted to manage his or her own
financial affairs unless the patient or the patient's
guardian, or if the patient is a minor, the patient's parent,
authorizes another competent person to do so.

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(o) A patient shall be permitted to request the opinion of
a consultant at his or her own expense, or to request an
in-house review of a treatment plan, as provided in the
specific procedures of the provider. A treatment provider is
not liable for the negligence of any consultant.
(p) Unless otherwise prohibited by State or federal law,
every patient shall be permitted to obtain from his or her own
physician, the treatment provider, or the treatment provider's
consulting physician complete and current information
concerning the nature of care, procedures, and treatment that
he or she will receive.
(q) A patient shall be permitted to refuse to participate
in any experimental research or medical procedure without
compromising his or her access to other, non-experimental
services. Before a patient is placed in an experimental
research or medical procedure, the provider must first obtain
his or her informed written consent or otherwise comply with
the federal requirements regarding the protection of human
subjects contained in 45 CFR Part 46.
(r) All medical treatment and procedures shall be
administered as ordered by a physician and in accordance with
all Department rules.
(s) Every patient in treatment shall be permitted to
refuse medical treatment and to know the consequences of such
action. Such refusal by a patient shall free the treatment
licensee from the obligation to provide the treatment.

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(t) Unless otherwise prohibited by State or federal law,
every patient, patient's guardian, or parent, if the patient
is a minor, shall be permitted to inspect and copy all clinical
and other records kept by the intervention or treatment
licensee or by his or her physician concerning his or her care
and maintenance. The licensee or physician may charge a
reasonable fee for the duplication of a record.
(u) No owner, licensee, administrator, employee, or agent
of a licensed intervention or treatment program shall abuse or
neglect a patient. It is the duty of any individual who becomes
aware of such abuse or neglect to report it to the Department
immediately.
(v) The licensee may refuse access to any person if the
actions of that person are or could be injurious to the health
and safety of a patient or the licensee, or if the person seeks
access for commercial purposes.
(w) All patients admitted to community-based treatment
facilities shall be considered voluntary treatment patients
and such patients shall not be contained within a locked
setting.
(x) Patients and their families or legal guardians shall
have the right to present complaints to the provider or the
Department concerning the quality of care provided to the
patient, without threat of discharge or reprisal in any form
or manner whatsoever. The complaint process and procedure
shall be adopted by the Department by rule. The treatment

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provider shall have in place a mechanism for receiving and
responding to such complaints, and shall inform the patient
and the patient's family or legal guardian of this mechanism
and how to use it. The provider shall analyze any complaint
received and, when indicated, take appropriate corrective
action. Every patient and his or her family member or legal
guardian who makes a complaint shall receive a timely response
from the provider that substantively addresses the complaint.
The provider shall inform the patient and the patient's family
or legal guardian about other sources of assistance if the
provider has not resolved the complaint to the satisfaction of
the patient or the patient's family or legal guardian.
(y) A patient may refuse to perform labor at a program
unless such labor is a part of the patient's individual
treatment plan as documented in the patient's clinical record.
(z) A person who is in need of services may apply for
voluntary admission in the manner and with the rights provided
for under regulations promulgated by the Department. If a
person is refused admission, then staff, subject to rules
promulgated by the Department, shall refer the person to
another facility or to other appropriate services.
(aa) No patient shall be denied services based solely on
HIV status. Further, records and information governed by the
AIDS Confidentiality Act and the AIDS Confidentiality and
Testing Code (77 Ill. Adm. Code 697) shall be maintained in
accordance therewith.

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(bb) Records of the identity, diagnosis, prognosis or
treatment of any patient maintained in connection with the
performance of any service or activity relating to substance
use or gambling disorder education, early intervention,
intervention, training, or treatment that is regulated,
authorized, or directly or indirectly assisted by any
Department or agency of this State or under any provision of
this Act shall be confidential and may be disclosed only in
accordance with the provisions of federal law and regulations
concerning the confidentiality of substance use disorder
patient records as contained in 42 U.S.C. Sections 290dd-2 and
42 CFR Part 2, or any successor federal statute or regulation.
(1) The following are exempt from the confidentiality
protections set forth in 42 CFR Section 2.12(c):
(A) Veteran's Administration records.
(B) Information obtained by the Armed Forces.
(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,

SB3410 Engrossed - 46 - LRB103 38675 KTG 68812 b
confidentiality restrictions continue to apply to the
records and any follow-up information for disclosure
and use in civil or criminal proceedings arising from
the report of suspected abuse or neglect.
(2) If the information is not exempt, a disclosure can
be made only under the following circumstances:
(A) With patient consent as set forth in 42 CFR
Sections 2.1(b)(1) and 2.31, and as consistent with
pertinent State law.
(B) For medical emergencies as set forth in 42 CFR
Sections 2.1(b)(2) and 2.51.
(C) For research activities as set forth in 42 CFR
Sections 2.1(b)(2) and 2.52.
(D) For audit evaluation activities as set forth
in 42 CFR Section 2.53.
(E) With a court order as set forth in 42 CFR
Sections 2.61 through 2.67.
(3) The restrictions on disclosure and use of patient
information apply whether the holder of the information
already has it, has other means of obtaining it, is a law
enforcement or other official, has obtained a subpoena, or
asserts any other justification for a disclosure or use
that is not permitted by 42 CFR Part 2. Any court orders
authorizing disclosure of patient records under this Act
must comply with the procedures and criteria set forth in
42 CFR Sections 2.64 and 2.65. Except as authorized by a

SB3410 Engrossed - 47 - LRB103 38675 KTG 68812 b
court order granted under this Section, no record referred
to in this Section may be used to initiate or substantiate
any charges against a patient or to conduct any
investigation of a patient.
(4) The prohibitions of this subsection shall apply to
records concerning any person who has been a patient,
regardless of whether or when the person ceases to be a
patient.
(5) Any person who discloses the content of any record
referred to in this Section except as authorized shall,
upon conviction, be guilty of a Class A misdemeanor.
(6) The Department shall prescribe regulations to
carry out the purposes of this subsection. These
regulations may contain such definitions, and may provide
for such safeguards and procedures, including procedures
and criteria for the issuance and scope of court orders,
as in the judgment of the Department are necessary or
proper to effectuate the purposes of this Section, to
prevent circumvention or evasion thereof, or to facilitate
compliance therewith.
(cc) Each patient shall be given a written explanation of
all the rights enumerated in this Section and a copy, signed by
the patient, shall be kept in every patient record. If a
patient is unable to read such written explanation, it shall
be read to the patient in a language that the patient
understands. A copy of all the rights enumerated in this

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Section shall be posted in a conspicuous place within the
program where it may readily be seen and read by program
patients and visitors.
(dd) The program shall ensure that its staff is familiar
with and observes the rights and responsibilities enumerated
in this Section.
(ee) Licensed organizations shall comply with the right of
any adolescent to consent to treatment without approval of the
parent or legal guardian in accordance with the Consent by
Minors to Health Care Services Act.
(ff) At the point of admission for services, licensed
organizations must obtain written informed consent, as defined
in Section 1-10 and in administrative rule, from each client,
patient, or legal guardian.
(Source: P.A. 102-813, eff. 5-13-22.)
(20 ILCS 301/35-5)
Sec. 35-5. Services for pregnant women and mothers.
(a) In order to promote a comprehensive, statewide and
multidisciplinary approach to serving pregnant women and
mothers, including those who are minors, and their children
who are affected by substance use or gambling disorders, the
Department shall have responsibility for an ongoing exchange
of referral information among the following:
(1) those who provide medical and social services to
pregnant women, mothers and their children, whether or not

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there exists evidence of a substance use or gambling
disorder. These include any other State-funded medical or
social services to pregnant women.
(2) providers of treatment services to women affected
by substance use or gambling disorders.
(b) (Blank).
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) The Department shall develop and maintain an updated
and comprehensive directory of licensed providers that deliver
treatment and intervention services. The Department shall post
on its website a licensed provider directory updated at least
quarterly.
(g) As a condition of any State grant or contract, the
Department shall require that any treatment program for women
with substance use or gambling disorders provide services,
either by its own staff or by agreement with other agencies or
individuals, which include but need not be limited to the
following:
(1) coordination with any program providing case
management services to ensure ongoing monitoring and
coordination of services after the addicted woman has
returned home.
(2) coordination with medical services for individual
medical care of pregnant women, including prenatal care

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under the supervision of a physician.
(3) coordination with child care services.
(h) As a condition of any State grant or contract, the
Department shall require that any nonresidential program
receiving any funding for treatment services accept women who
are pregnant, provided that such services are clinically
appropriate. Failure to comply with this subsection shall
result in termination of the grant or contract and loss of
State funding.
(i)(1) From funds appropriated expressly for the purposes
of this Section, the Department shall create or contract with
licensed, certified agencies to develop a program for the care
and treatment of pregnant women, mothers and their children.
The program shall be in Cook County in an area of high density
population having a disproportionate number of women with
substance use and other disorders and a high infant mortality
rate.
(2) From funds appropriated expressly for the purposes of
this Section, the Department shall create or contract with
licensed, certified agencies to develop a program for the care
and treatment of low income pregnant women. The program shall
be located anywhere in the State outside of Cook County in an
area of high density population having a disproportionate
number of low income pregnant women.
(3) In implementing the programs established under this
subsection, the Department shall contract with existing

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residential treatment or recovery homes in areas having a
disproportionate number of women with substance use and other
disorders who need residential treatment. Priority shall be
given to women who:
(A) are pregnant, especially if they are intravenous
drug users,
(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 with a substance use
disorder, or will give birth to a baby with a substance use
disorder.
(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 therapy groups for the treatment of substance
use disorders; family therapy groups; programs to develop
positive self-awareness; parent-child therapy; and
residential support groups.
(5) (Blank).
(Source: P.A. 100-759, eff. 1-1-19.)

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(20 ILCS 301/35-10)
Sec. 35-10. Adolescent Family Life Program.
(a) The General Assembly finds and declares the following:
(1) In Illinois, a substantial number of babies are
born each year to adolescent mothers between 12 and 19
years of age.
(2) A substantial percentage of pregnant adolescents
have substance use disorders or live in environments in
which substance use disorders occur and thus are at risk
of exposing their infants to dangerous and harmful
circumstances.
(3) It is difficult to provide substance use disorder
counseling for adolescents in settings designed to serve
adults.
(b) To address the findings set forth in subsection (a),
and subject to appropriation, the Department may establish and
fund treatment strategies to meet the developmental, social,
and educational needs of high-risk pregnant adolescents and
shall do the following:
(1) To the maximum extent feasible and appropriate,
utilize existing services and funding rather than create
new, duplicative services.
(2) Include plans for coordination and collaboration
with existing perinatal substance use disorder services.
(3) Include goals and objectives for reducing the

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incidence of high-risk pregnant adolescents.
(4) Be culturally and linguistically appropriate to
the population being served.
(5) Include staff development training by substance
use and other disorder counselors.
As used in this Section, "high-risk pregnant adolescent"
means a person at least 12 but not more than 18 years of age
with a substance use or other disorder who is pregnant.
(c) (Blank).
(Source: P.A. 100-759, eff. 1-1-19.)
(20 ILCS 301/50-40)
Sec. 50-40. Group Home Loan Revolving Fund.
(a) There is hereby established the Group Home Loan
Revolving Fund, referred to in this Section as the "fund", to
be held as a separate fund within the State Treasury. Monies in
this fund shall be appropriated to the Department on a
continuing annual basis. With these funds, the Department
shall, directly or through subcontract, make loans to assist
in underwriting the costs of housing in which there may reside
individuals who are recovering from substance use or gambling
disorders, and who are seeking an alcohol-free, gambling-free,
or drug-free environment in which to live. Consistent with
federal law and regulation, the Department may establish
guidelines for approving the use and management of monies
loaned from the fund, the operation of group homes receiving

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loans under this Section and the repayment of monies loaned.
(b) There shall be deposited into the fund such amounts
including, but not limited to:
(1) All receipts, including principal and interest
payments and royalties, from any applicable loan agreement
made from the fund.
(2) All proceeds of assets of whatever nature received
by the Department as a result of default or delinquency
with respect to loan agreements made from the fund,
including proceeds from the sale, disposal, lease or
rental of real or personal property that the Department
may receive as a result thereof.
(3) Any direct appropriations made by the General
Assembly, or any gifts or grants made by any person to the
fund.
(4) Any income received from interest on investments
of monies in the fund.
(c) The Treasurer may invest monies in the fund in
securities constituting obligations of the United States
government, or in obligations the principal of and interest on
which are guaranteed by the United States government, or in
certificates of deposit of any State or national bank which
are fully secured by obligations guaranteed as to principal
and interest by the United States government.
(Source: P.A. 100-759, eff. 1-1-19.)

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(20 ILCS 301/55-30)
Sec. 55-30. Rate increase.
(a) The Department shall by rule develop the increased
rate methodology and annualize the increased rate beginning
with State fiscal year 2018 contracts to licensed providers of
community-based substance use and gambling disorders disorder
intervention or treatment, based on the additional amounts
appropriated for the purpose of providing a rate increase to
licensed providers. The Department shall adopt rules,
including emergency rules under subsection (y) of Section 5-45
of the Illinois Administrative Procedure Act, to implement the
provisions of this Section.
(b) (Blank).
(c) Beginning on July 1, 2022, the Division of Substance
Use Prevention and Recovery shall increase reimbursement rates
for all community-based substance use disorder treatment and
intervention services by 47%, including, but not limited to,
all of the following:
(1) Admission and Discharge Assessment.
(2) Level 1 (Individual).
(3) Level 1 (Group).
(4) Level 2 (Individual).
(5) Level 2 (Group).
(6) Case Management.
(7) Psychiatric Evaluation.
(8) Medication Assisted Recovery.

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(9) Community Intervention.
(10) Early Intervention (Individual).
(11) Early Intervention (Group).
Beginning in State Fiscal Year 2023, and every State
fiscal year thereafter, reimbursement rates for those
community-based substance use disorder treatment and
intervention services shall be adjusted upward by an amount
equal to the Consumer Price Index-U from the previous year,
not to exceed 2% in any State fiscal year. If there is a
decrease in the Consumer Price Index-U, rates shall remain
unchanged for that State fiscal year. The Department shall
adopt rules, including emergency rules in accordance with the
Illinois Administrative Procedure Act, to implement the
provisions of this Section.
As used in this subsection, "consumer price index-u" means
the index published by the Bureau of Labor Statistics of the
United States Department of Labor that measures the average
change in prices of goods and services purchased by all urban
consumers, United States city average, all items, 1982-84 =
100.
(d) Beginning on January 1, 2024, subject to federal
approval, the Division of Substance Use Prevention and
Recovery shall increase reimbursement rates for all ASAM level
3 residential/inpatient substance use disorder treatment and
intervention services by 30%, including, but not limited to,
the following services:

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(1) ASAM level 3.5 Clinically Managed High-Intensity
Residential Services for adults;
(2) ASAM level 3.5 Clinically Managed Medium-Intensity
Residential Services for adolescents;
(3) ASAM level 3.2 Clinically Managed Residential
Withdrawal Management;
(4) ASAM level 3.7 Medically Monitored Intensive
Inpatient Services for adults and Medically Monitored
High-Intensity Inpatient Services for adolescents; and
(5) ASAM level 3.1 Clinically Managed Low-Intensity
Residential Services for adults and adolescents.
(Source: P.A. 102-699, eff. 4-19-22; 103-102, eff. 6-16-23.)
(20 ILCS 301/55-40)
Sec. 55-40. Recovery residences.
(a) As used in this Section, "recovery residence" means a
sober, safe, and healthy living environment that promotes
recovery from alcohol and other drug use and associated
problems. These residences are not subject to Department
licensure as they are viewed as independent living residences
that only provide peer support and a lengthened exposure to
the culture of recovery.
(b) The Department shall develop and maintain an online
registry for recovery residences that operate in Illinois to
serve as a resource for individuals seeking continued recovery
assistance.

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(c) Non-licensable recovery residences are encouraged to
register with the Department and the registry shall be
publicly available through online posting.
(d) The registry shall indicate any accreditation,
certification, or licensure that each recovery residence has
received from an entity that has developed uniform national
standards. The registry shall also indicate each recovery
residence's location in order to assist providers and
individuals in finding alcohol, gambling, and drug free
housing options with like-minded residents who are committed
to alcohol, gambling, and drug free living.
(e) Registrants are encouraged to seek national
accreditation from any entity that has developed uniform State
or national standards for recovery residences.
(f) The Department shall include a disclaimer on the
registry that states that the recovery residences are not
regulated by the Department and their listing is provided as a
resource but not as an endorsement by the State.
(Source: P.A. 100-1062, eff. 1-1-19; 101-81, eff. 7-12-19.)
SB3410 Engrossed - 59 - LRB103 38675 KTG 68812 b
INDEX
Statutes amended in order of appearance