DHS-GAMBLING DISORDERS

Illinois General Assembly - Full Text of SB2749

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SB2749 - 104th General Assembly

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Senate Amendment 001

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Senate Amendment 001

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SB2749 Enrolled
LRB104 16389 KTG 29778 b
1

AN ACT concerning health.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Substance Use Disorder Act is amended by
5
changing Sections 1-5, 1-10, 5-5, 5-10, 5-20, 10-10, 10-15,
6
15-10, 15-20, 20-5, 25-5, 30-5, 35-5, 35-10, 40-10, 50-5,
7
50-25, 50-30, 50-35, 50-40, 55-30, and 55-40 as follows:

8

(20 ILCS 301/1-5)
9

Sec. 1-5.
Legislative declaration.
Substance use
and
10
gambling
disorders, as defined in this Act, constitute a
11
serious public health problem. The effects on public safety
12
and the criminal justice system cause serious social and
13
economic losses, as well as great human suffering. It is
14
imperative that a comprehensive and coordinated strategy be
15
developed under the leadership of a State agency. This
16
strategy should be implemented through the facilities of
17
federal and local government and community-based agencies
18
(which may be public or private, volunteer or professional).
19
Through local prevention, early intervention, treatment, and
20
other recovery support services, this strategy should empower
21
those struggling with substance use
and gambling
disorders
22
(and, when appropriate, the families of those persons) to lead
23
healthy lives.

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1

The human, social, and economic benefits of preventing
2
these

substance use
disorders are great, and it is imperative
3
that there be interagency cooperation in the planning and
4
delivery of prevention, early intervention, treatment, and
5
other recovery support services in Illinois.
6

The provisions of this Act shall be liberally construed to
7
enable the Department to carry out these objectives and
8
purposes.
9
(Source: P.A. 100-759, eff. 1-1-19
.)

10

(20 ILCS 301/1-10)
11

Sec. 1-10.
Definitions.
As used in this Act, unless the
12
context clearly indicates otherwise, the following words and
13
terms have the following meanings:
14

"Case management" means a coordinated approach to the
15
delivery of health and medical treatment, substance use
and
16
gambling
disorder treatment, mental health treatment, and
17
social services, linking patients with appropriate services to
18
address specific needs and achieve stated goals. In general,
19
case management assists patients with other disorders and
20
conditions that require multiple services over extended
21
periods of time and who face difficulty in gaining access to
22
those services.
23

"Crime of violence" means any of the following crimes:
24
murder, voluntary manslaughter, criminal sexual assault,
25
aggravated criminal sexual assault, predatory criminal sexual

SB2749 Enrolled
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1
assault of a child, armed robbery, robbery, arson, kidnapping,
2
aggravated battery, aggravated arson, or any other felony that
3
involves the use or threat of physical force or violence
4
against another individual.
5

"Department" means the Department of Human Services.
6

"DUI" means driving under the influence of alcohol or
7
other drugs.
8

"Designated program" means a category of service
9
authorized by an intervention license issued by the Department
10
for delivery of all services as described in Article 40 in this
11
Act.
12

"Early intervention" means services, authorized by a
13
treatment license, that are sub-clinical and pre-diagnostic
14
and that are designed to screen, identify, and address risk
15
factors that may be related to problems associated with
16
substance use
and gambling
disorders and to assist individuals
17
in recognizing harmful consequences. Early intervention
18
services facilitate emotional and social stability and
involve

19
involves
referrals for treatment, as needed.
20

"Facility" means the building or premises are used for the
21
provision of licensable services, including support services,
22
as set forth by rule.
23

"Gambling" means the activity of betting or wagering on
24
uncertain outcomes, including, but not limited to, betting or
25
wagering activity regulated by the Illinois Gaming Board.

26

"Gambling disorder" means
a condition characterized by a

SB2749 Enrolled
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1
persistent and recurring
pattern of problematic

maladaptive

2
gambling behavior
, leading to significant psychological
3
distress and impairment in health and mental functioning.
4
Classified under substance use disorders in the Diagnostic and
5
Statistical Manual of Mental Disorders, Fifth Edition (DSM-5),
6
gambling disorder shares similarities with drug abuse, as both
7
activate reward systems in the brain and produce comparable
8
behavioral symptoms

that disrupts personal, family, or
9
vocational pursuits
.
10

"Holds itself out" means any activity that would lead one
11
to reasonably conclude that the individual or entity provides
12
or intends to provide
licensable substance-related disorder
13
intervention or treatment
services. Such activities include,
14
but are not limited to, advertisements, notices, statements,
15
or contractual arrangements with managed care organizations,
16
private health insurance, or employee assistance programs to
17
provide services that require a license as specified in
18
Article 15.
19

"Informed consent" means legally valid written consent,
20
given by a client, patient, or legal guardian, that authorizes
21
intervention or treatment services from a licensed
22
organization and that documents agreement to participate in
23
those services and knowledge of the consequences of withdrawal
24
from such services. Informed consent also acknowledges the
25
client's or patient's right to a conflict-free choice of
26
services from any licensed organization and the potential

SB2749 Enrolled
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1
risks and benefits of selected services.
2

"Intoxicated person" means a person whose mental or
3
physical functioning is substantially impaired as a result of
4
the current effects of alcohol or other drugs within the body.
5

"Medication assisted treatment" means the prescription of
6
medications that are approved by the U.S. Food and Drug
7
Administration and the Center for Substance Abuse Treatment to
8
assist with treatment for a substance use disorder and to
9
support recovery for individuals receiving services in a
10
facility licensed by the Department. Medication assisted
11
treatment includes opioid treatment services as authorized by
12
a Department license.
13

"Off-site services" means licensable services are
14
conducted at a location separate from the licensed location of
15
the provider, and services are operated by an entity licensed
16
under this Act and approved in advance by the Department.

17

"Person" means any individual, firm, group, association,
18
partnership, corporation, trust, government or governmental
19
subdivision or agency.
20

"Prevention" means an interactive process of individuals,
21
families, schools, religious organizations, communities and
22
regional, state and national organizations whose goals are to
23
reduce the prevalence of substance use
and gambling
disorders,
24
prevent the use of illegal drugs and the abuse of legal drugs
25
by persons of all ages, prevent the use of alcohol by minors,
26
reduce the severity of harm in gambling by persons of all ages,

SB2749 Enrolled
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1
build the capacities of individuals and systems, and promote
2
healthy environments, lifestyles, and behaviors.
3

"Recovery" means a process of change through which
4
individuals improve their health and wellness, live a
5
self-directed life, and reach their full potential.
6

"Recovery support" means services designed to support
7
individual recovery from a substance use
or gambling
disorder
8
that may be delivered pre-treatment, during treatment, or post
9
treatment. These services may be delivered in a wide variety
10
of settings for the purpose of supporting the individual in
11
meeting his or her recovery support goals.
12

"Secretary" means the Secretary of the Department of Human
13
Services or his or her designee.
14

"Substance use disorder" means a spectrum of persistent
15
and recurring problematic behavior that encompasses 10
16
separate classes of drugs: alcohol; caffeine; cannabis;
17
hallucinogens; inhalants; opioids; sedatives, hypnotics and
18
anxiolytics; stimulants; and tobacco; and other unknown
19
substances leading to clinically significant impairment or
20
distress.
21

"Treatment" means the broad range of emergency,
22
outpatient, and residential care (including assessment,
23
diagnosis, case management, treatment, and recovery support
24
planning) may be extended to individuals with substance use
25
disorders
and co-occurring substance use and gambling
26
disorders
or to the families of those persons.

SB2749 Enrolled
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1

"Video gaming" means the action or practice of playing
2
video games.

3

"Withdrawal management" means services designed to manage
4
intoxication or withdrawal episodes (previously referred to as
5
detoxification), interrupt the momentum of habitual,
6
compulsive substance use and begin the initial engagement in
7
medically necessary substance use disorder treatment.
8
Withdrawal management allows patients to safely withdraw from
9
substances in a controlled medically-structured environment.
10
(Source: P.A. 100-759, eff. 1-1-19
.)

11

(20 ILCS 301/5-5)
12

Sec. 5-5.
Successor department; home rule.
13

(a) The Department of Human Services, as successor to the
14
Department of Alcoholism and Substance Abuse, shall assume the
15
various rights, powers, duties, and functions provided for in
16
this Act.
17

(b) It is declared to be the public policy of this State,
18
pursuant to paragraphs (h) and (i) of Section 6 of Article VII
19
of the Illinois Constitution of 1970, that the powers and
20
functions set forth in this Act and expressly delegated to the
21
Department are exclusive State powers and functions. Nothing
22
herein prohibits the exercise of any power or the performance
23
of any function, including the power to regulate, for the
24
protection of the public health, safety, morals and welfare,
25
by any unit of local government, other than the powers and

SB2749 Enrolled
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1
functions set forth in this Act and expressly delegated to the
2
Department to be exclusive State powers and functions.
3

(c) The Department shall, through accountable and
4
efficient leadership, example and commitment to excellence,
5
strive to reduce the incidence of substance use
and gambling

6
disorders by:
7

(1) Fostering public understanding of substance use
8

and gambling
disorders and how they affect individuals,
9

families, and communities.
10

(2) Promoting healthy lifestyles.
11

(3) Promoting understanding and support for sound
12

public policies.
13

(4) Ensuring quality prevention, early intervention,
14

treatment, and other recovery support services that are
15

accessible and responsive to the diverse needs of
16

individuals, families, and communities.
17
(Source: P.A. 100-759, eff. 1-1-19
.)

18

(20 ILCS 301/5-10)
19

Sec. 5-10.
Functions of the Department.
20

(a) In addition to the powers, duties and functions vested
21
in the Department by this Act, or by other laws of this State,
22
the Department shall carry out the following activities:
23

(1) Design, coordinate and fund comprehensive
24

community-based and culturally and gender-appropriate
25

services throughout the State. These services must include

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1

prevention, early intervention, treatment, and other
2

recovery support services
for substance use disorders
that
3

are accessible and address the needs of at-risk
4

individuals and their families.
5

(2) Act as the exclusive State agency to accept,
6

receive and expend, pursuant to appropriation, any public
7

or private monies, grants or services, including those
8

received from the federal government or from other State
9

agencies, for the purpose of providing prevention, early
10

intervention, treatment, and other recovery support
11

services for substance use
and gambling
disorders.
12

(2.5) In partnership with the Department of Healthcare
13

and Family Services, act as one of the principal State
14

agencies for the sole purpose of calculating the
15

maintenance of effort requirement under Section 1930 of
16

Title XIX, Part B, Subpart II of the Public Health Service
17

Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR
18

96.134).
19

(3) Coordinate a statewide strategy for the
20

prevention, early intervention, treatment, and recovery
21

support of substance use
and gambling
disorders. This
22

strategy shall include the development of a comprehensive
23

plan, submitted annually with the application for federal
24

substance use disorder block grant funding, for the
25

provision of an array of such services. The plan shall be
26

based on local community-based needs and upon data

SB2749 Enrolled
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LRB104 16389 KTG 29778 b
1

including, but not limited to, that which defines the
2

prevalence of and costs associated with
these

substance
3

use
disorders. This comprehensive plan shall include
4

identification of problems, needs, priorities, services
5

and other pertinent information, including the needs of
6

marginalized communities

minorities
and other specific
7

priority populations in the State, and shall describe how
8

the identified problems and needs will be addressed. For
9

purposes of this paragraph, the term "
marginalized
10

communities

minorities
and other specific priority
11

populations" may include, but shall not be limited to,
12

groups such as women, children,
persons who use

13

intravenous
drugs

drug users
, persons with AIDS or who are
14

HIV infected, veterans, African-Americans,
Puerto Ricans,

15

Hispanics, Asian Americans, the elderly, persons in the
16

criminal justice system, persons who are clients of
17

services provided by other State agencies, persons with
18

disabilities and such other specific populations as the
19

Department may from time to time identify. In developing
20

the plan, the Department shall seek input from providers,
21

parent groups, associations and interested citizens.
22

The plan developed under this Section shall include an
23

explanation of the rationale to be used in ensuring that
24

funding shall be based upon local community needs,
25

including, but not limited to, the incidence and
26

prevalence of, and costs associated with, substance use

SB2749 Enrolled
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LRB104 16389 KTG 29778 b
1

and gambling
disorders, as well as upon demonstrated
2

program performance.
3

The plan developed under this Section shall also
4

contain a report detailing the activities of and progress
5

made through services for the care and treatment of
6

substance use
and gambling
disorders among pregnant women
7

and mothers and their children established under
8

subsection (j) of Section 35-5.
9

As applicable, the plan developed under this Section
10

shall also include information about funding by other
11

State agencies for prevention, early intervention,
12

treatment, and other recovery support services.
13

(4) Lead, foster and develop cooperation, coordination
14

and agreements among federal and State governmental
15

agencies and local providers that provide assistance,
16

services, funding or other functions, peripheral or
17

direct, in the prevention, early intervention, treatment,
18

and recovery support for substance use
and gambling

19

disorders. This shall include, but shall not be limited
20

to, the following:
21

(A) Cooperate with and assist other State
22

agencies, as applicable, in establishing and
23

conducting
these

substance use
disorder services among
24

the populations they respectively serve.
25

(B) Cooperate with and assist the Illinois
26

Department of Public Health in the establishment,

SB2749 Enrolled
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LRB104 16389 KTG 29778 b
1

funding and support of programs and services for the
2

promotion of maternal and child health and the
3

prevention and treatment of infectious diseases,
4

including, but not limited to, HIV infection,
5

especially with respect to those persons who are high
6

risk due to intravenous injection of illegal drugs, or
7

who may have been sexual partners of these
8

individuals, or who may have impaired immune systems
9

as a result of a substance use disorder.
10

(C) Supply to the Department of Public Health and
11

prenatal care providers a list of all providers who
12

are licensed to provide substance use
and gambling

13

disorder treatment for pregnant women in this State.
14

(D) Assist in the placement of child abuse or
15

neglect perpetrators (identified by the Illinois
16

Department of Children and Family Services (DCFS)) who
17

have been determined to be in need of substance use
18

disorder treatment pursuant to Section 8.2 of the
19

Abused and Neglected Child Reporting Act.
20

(E) Cooperate with and assist DCFS in carrying out
21

its mandates to:
22

(i) identify substance use disorders among its
23

clients and their families; and
24

(ii) develop services to deal with such
25

disorders.
26

These services may include, but shall not be limited

SB2749 Enrolled
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LRB104 16389 KTG 29778 b
1

to, programs to prevent or treat substance use
and
2

gambling
disorders with DCFS clients and their
3

families, identifying child care needs within such
4

treatment, and assistance with other issues as
5

required.
6

(F) Cooperate with and assist the Illinois
7

Criminal Justice Information Authority with respect to
8

statistical and other information concerning the
9

incidence and prevalence of substance use
and gambling

10

disorders.
11

(G) Cooperate with and assist
local

the State
12

Superintendent of Education,
boards of education,
13

schools, police departments, the Illinois State
14

Police, courts and other public and private agencies
15

and individuals in establishing
substance use or
16

gambling disorder
prevention programs statewide and
17

preparing
instructional resources

curriculum materials

18

for use at all levels of education.
19

(H) Cooperate with and assist the Illinois
20

Department of Healthcare and Family Services in the
21

development and provision of services offered to
22

recipients of public assistance for the treatment and
23

prevention of substance use
and gambling
disorders.
24

(H-5) Collaborate with the State Board of
25

Education to the extent the Board develops
26

instructional resources for substance use or gambling

SB2749 Enrolled
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LRB104 16389 KTG 29778 b
1

disorder prevention and awareness that may be used by
2

school districts.

3

(I) (Blank).
4

(5) From monies appropriated to the Department from
5

the Drunk and Drugged Driving Prevention Fund, reimburse
6

DUI evaluation and risk education programs licensed by the
7

Department for providing indigent persons with free or
8

reduced-cost evaluation and risk education services
9

relating to a charge of driving under the influence of
10

alcohol or other drugs.
11

(6) Promulgate regulations to identify and disseminate
12

best practice guidelines that can be utilized by publicly
13

and privately funded programs as well as for levels of
14

payment to government funded programs that provide
15

prevention, early intervention, treatment, and other
16

recovery support services for substance use
and gambling

17

disorders and those services referenced in Sections 15-10
18

and 40-5.
19

(7) In consultation with providers and related trade
20

associations, specify a uniform methodology for use by
21

funded providers and the Department for billing and
22

collection and dissemination of statistical information
23

regarding services related to substance use
and gambling

24

disorders.
25

(8) Receive data and assistance from federal, State
26

and local governmental agencies, and obtain copies of

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1

identification and arrest data from all federal, State and
2

local law enforcement agencies for use in carrying out the
3

purposes and functions of the Department.
4

(9) Designate and license providers to conduct
5

screening, assessment, referral and tracking of clients
6

identified by the criminal justice system as having
7

indications of substance use disorders and being eligible
8

to make an election for treatment under Section 40-5 of
9

this Act, and assist in the placement of individuals who
10

are under court order to participate in treatment.
11

(10) Identify and disseminate evidence-based best
12

practice guidelines as maintained in administrative rule
13

that can be utilized to determine a substance use
and
14

gambling
disorder diagnosis.
15

(11) (Blank).
16

(12) Make grants with funds appropriated from the Drug
17

Treatment Fund in accordance with Section
7 of the
18

Controlled Substance and Cannabis Nuisance Act, or in
19

accordance with Section 80 of the Methamphetamine Control
20

and Community Protection Act, or in accordance with
21

subsections (h) and (i) of Section 411.2 of the Illinois
22

Controlled Substances Act, or in accordance with Section
23

6z-107 of the State Finance

50-35 of this
Act.
24

(13) Encourage all health and disability insurance
25

programs to include substance use
and gambling
disorder
26

treatment as
a
covered
services

service
and to use

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1

evidence-based best practice criteria as maintained in
2

administrative rule and as required in Public Act 99-0480
3

in determining the necessity for such services and
4

continued stay.
5

(14) Award grants and enter into fixed-rate and
6

fee-for-service arrangements with any other department,
7

authority or commission of this State, or any other state
8

or the federal government or with any public or private
9

agency, including the disbursement of funds and furnishing
10

of staff, to effectuate the purposes of this Act.
11

(15) Conduct a public information campaign to inform
12

the State's Hispanic residents regarding the prevention
13

and treatment of substance use
and gambling
disorders.
14

(b) In addition to the powers, duties and functions vested
15
in it by this Act, or by other laws of this State, the
16
Department may undertake, but shall not be limited to, the
17
following activities:
18

(1) Require all organizations licensed or funded by
19

the Department to include an education component to inform
20

participants regarding the causes and means of
21

transmission and methods of reducing the risk of acquiring
22

or transmitting HIV infection and other infectious
23

diseases, and to include funding for such education
24

component in its support of the program.
25

(2) Review all State agency applications for federal
26

funds that include provisions relating to the prevention,

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1

early intervention and treatment of substance use
and
2

gambling
disorders in order to ensure consistency.
3

(3) Prepare, publish, evaluate, disseminate and serve
4

as a central repository for educational materials dealing
5

with the nature and effects of substance use
and gambling

6

disorders. Such materials may deal with the educational
7

needs of the citizens of Illinois, and may include at
8

least pamphlets that describe the causes and effects of
9

fetal alcohol spectrum disorders.
10

(4) Develop and coordinate, with regional and local
11

agencies, education and training programs for persons
12

engaged in providing services for persons with substance
13

use
and gambling
disorders, which programs may include
14

specific HIV education and training for program personnel.
15

(5) Cooperate with and assist in the development of
16

education, prevention, early intervention, and treatment
17

programs for employees of State and local governments and
18

businesses in the State.
19

(6) Utilize the support and assistance of interested
20

persons in the community, including recovering persons, to
21

assist individuals and communities in understanding the
22

dynamics of substance use
and gambling
disorders, and to
23

encourage individuals with
these

substance use
disorders
24

to voluntarily undergo treatment.
25

(7) Promote, conduct, assist or sponsor basic
26

clinical, epidemiological and statistical research into

SB2749 Enrolled
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1

substance use
and gambling
disorders and research into the
2

prevention of those problems either solely or in
3

conjunction with any public or private agency.
4

(8) Cooperate with public and private agencies,
5

institutions of higher education
organizations
,
and
6

individuals in the development of programs, and to provide
7

technical assistance and consultation services for this
8

purpose.
9

(9) (Blank).
10

(10) (Blank).
11

(11) Fund, promote, or assist entities dealing with
12

substance use
and gambling
disorders.
13

(12) With monies appropriated from the Group Home Loan
14

Revolving Fund, make loans, directly or through
15

subcontract, to assist in underwriting the costs of
16

housing in which individuals recovering from substance use
17

or gambling
disorders may reside, pursuant to Section
18

50-40 of this Act.
19

(13) Promulgate such regulations as may be necessary
20

to carry out the purposes and enforce the provisions of
21

this Act.
22

(14) Provide funding to help parents be effective in
23

preventing substance use
and gambling
disorders by
24

building an awareness of the family's role in preventing
25

substance use
and gambling problems

disorders
through
26

adjusting expectations, developing new skills, and setting

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1

positive family goals. The programs shall include, but not
2

be limited to, the following subjects: healthy family
3

communication; establishing rules and limits; how to
4

reduce family conflict; how to build self-esteem,
5

competency, and responsibility in children; how to improve
6

motivation and achievement; effective discipline; problem
7

solving techniques;
healthy video gaming and play habits;
8

appropriate financial planning and investment strategies;
9

how to talk about gambling and related activities;
and how
10

to talk about
substance use or gambling

drugs and alcohol
.
11

The programs shall be open to all parents.
12

(15) Establish an Opioid Remediation Services Capital
13

Investment Grant Program. The Department may, subject to
14

appropriation and approval through the Opioid Overdose
15

Prevention and Recovery Steering Committee, after
16

recommendation by the Illinois Opioid Remediation Advisory
17

Board, and certification by the Office of the Attorney
18

General, make capital improvement grants to units of local
19

government and substance use prevention, treatment, and
20

recovery service providers addressing opioid remediation
21

in the State for approved abatement uses under the
22

Illinois Opioid Allocation Agreement. The Illinois Opioid
23

Remediation State Trust Fund shall be the source of
24

funding for the program. Eligible grant recipients shall
25

be units of local government and substance use prevention,
26

treatment, and recovery service providers that offer

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1

facilities and services in a manner that supports and
2

meets the approved uses of the opioid settlement funds.
3

Eligible grant recipients have no entitlement to a grant
4

under this Section. The Department of Human Services may
5

consult with the Capital Development Board, the Department
6

of Commerce and Economic Opportunity, and the Illinois
7

Housing Development Authority to adopt rules to implement
8

this Section and may create a competitive application
9

procedure for grants to be awarded. The rules may specify
10

the manner of applying for grants; grantee eligibility
11

requirements; project eligibility requirements;
12

restrictions on the use of grant moneys; the manner in
13

which grantees must account for the use of grant moneys;
14

and any other provision that the Department of Human
15

Services determines to be necessary or useful for the
16

administration of this Section. Rules may include a
17

requirement for grantees to provide local matching funds
18

in an amount equal to a specific percentage of the grant.
19

No portion of an opioid remediation services capital
20

investment grant awarded under this Section may be used by
21

a grantee to pay for any ongoing operational costs or
22

outstanding debt. The Department of Human Services may
23

consult with the Capital Development Board, the Department
24

of Commerce and Economic Opportunity, and the Illinois
25

Housing Development Authority in the management and
26

disbursement of funds for capital-related projects. The

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1

Capital Development Board, the Department of Commerce and
2

Economic Opportunity, and the Illinois Housing Development
3

Authority shall act in a consulting role only for the
4

evaluation of applicants, scoring of applicants, or
5

administration of the grant program.
6

(c) There is created within the Department of Human
7
Services an Office of Opioid Settlement Administration. The
8
Office shall be responsible for implementing and administering
9
approved abatement programs as described in Exhibit B of the
10
Illinois Opioid Allocation Agreement, effective December 30,
11
2021. The Office may also implement and administer other
12
opioid-related programs, including, but not limited to,
13
prevention, treatment, and recovery services from other funds
14
made available to the Department of Human Services. The
15
Secretary of Human Services shall appoint or assign staff as
16
necessary to carry out the duties and functions of the Office.
17
(Source: P.A. 103-8, eff. 6-7-23; 104-2, eff. 6-16-25.)

18

(20 ILCS 301/5-20)
19

Sec. 5-20.
Gambling disorders.
20

(a) Subject to appropriation, the Department shall
21
establish a program for public education, research, and
22
training regarding gambling disorders and the treatment and
23
prevention of gambling disorders. Subject to specific
24
appropriation for these stated purposes, the program must
25
include all of the following:

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1

(1) Establishment and maintenance of a toll-free
2

hotline and website

"800" telephone number
to provide
3

crisis counseling and referral services
for

to
families
4

experiencing difficulty
related to

as a result of
gambling
5

disorders.
6

(2) Promotion of public awareness regarding the
7

recognition and prevention of gambling disorders.
8

Promotion of public awareness regarding the impact of
9

gambling disorders on individuals, families, and
10

communities and the stigma that surrounds gambling
11

disorders.

12

(3) Facilitation, through in-service training
,
13

promotion of professional staff credentials,
and other
14

innovative
means, of the availability of effective
15

assistance programs for gambling disorders.
16

(4) Conducting studies
, and other innovative means,
to
17

identify adults and juveniles in this State who have, or
18

who are at risk of developing, gambling disorders.
19

(5) Utilize screening, crisis intervention, treatment,
20

public awareness, prevention, in-service training, and
21

other innovative means, to decrease the incidents of
22

suicide attempts related to a gambling disorder or
23

gambling issues.

24

(b) Subject to appropriation, the Department shall either
25
establish and maintain the program or contract with a private
26
or public entity for the establishment and maintenance of the

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LRB104 16389 KTG 29778 b
1
program. Subject to appropriation, either the Department or
2
the private or public entity shall implement the
hotline and
3
website

toll-free telephone number
, promote public awareness,
4
conduct research, support treatment and recovery services,
and
5
conduct in-service training concerning gambling disorders.
6

(c)
The Department shall determine a statement regarding
7
obtaining assistance with a gambling disorder which each
8
licensed gambling establishment owner shall post and each
9
master sports wagering licensee shall include on the master
10
sports wagering licensee's portal, Internet website, or
11
computer or mobile application.
Subject to appropriation, the
12
Department shall produce and supply the signs
with the
13
statement as
specified in Section 10.7 of the Illinois Lottery
14
Law, Section 34.1 of the Illinois Horse Racing Act of 1975,
15
Section 4.3 of the Bingo License and Tax Act, Section 8.1 of
16
the Charitable Games Act,
Section 25.95 of the Sports Wagering
17
Act,

and
Section 13.1 of the Illinois Gambling Act
, and the
18
Video Gaming Act
.
19

(d) Programs; gambling disorder prevention.
20

(1) The Department may establish a program to provide
21

for the production and publication, in electronic and
22

other formats, of gambling prevention, recognition,
23

treatment, and recovery literature and other public
24

education methods. The Department may develop and
25

disseminate curricula for use by professionals,
26

organizations, individuals, or committees interested in

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LRB104 16389 KTG 29778 b
1

the prevention of gambling disorders.
2

(2) The Department may provide advice to State and
3

local officials on gambling disorders, including the
4

prevalence of gambling disorders, programs treating or
5

promoting the prevention of gambling disorders, trends in
6

gambling disorder prevalence, and the relationship between
7

gaming and gambling disorders.
8

(3) The Department may support gambling disorder
9

prevention, recognition, treatment, and recovery projects
10

by facilitating the acquisition of gambling prevention
11

curriculums, providing trainings in gambling disorder
12

prevention best practices, connecting programs to health
13

care resources, establishing learning collaboratives
14

between localities and programs, and assisting programs in
15

navigating any regulatory requirements for establishing or
16

expanding such programs.
17

(4) In supporting best practices in gambling disorder
18

prevention programming, the Department may promote the
19

following programmatic elements:
20

(A) Providing funding for community-based
21

organizations to employ community health workers or
22

peer recovery specialists who are familiar with the
23

communities served and can provide culturally
24

competent services.
25

(B) Collaborating with other community-based
26

organizations, gambling treatment centers, or other

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1

health care providers engaged in treating individuals
2

who are experiencing gambling disorder.
3

(C) Providing linkages for individuals to obtain
4

evidence-based gambling disorder treatment.
5

(D) Engaging individuals exiting jails or prisons
6

who are at a high risk of developing a gambling
7

disorder.
8

(E) Providing education and training to
9

community-based organizations who work directly with
10

individuals who are experiencing gambling disorders
11

and those individuals' families and communities.
12

(F) Providing education and training on gambling
13

disorder prevention and response to the judicial
14

system.
15

(G) Informing communities of the impact gambling
16

disorder has on suicidal ideation and suicide attempts
17

and the role health care professionals can have in
18

identifying appropriate treatment.
19

(H) Producing and distributing targeted mass media
20

materials on gambling disorder prevention and
21

response, and the potential dangers of gambling
22

related stigma.
23

(e) Grants.
24

(1) The Department may award grants, in accordance
25

with this subsection, to create or support local gambling
26

prevention, recognition, and response projects. Local

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1

health departments, correctional institutions, hospitals,
2

universities, community-based organizations, and
3

faith-based organizations may apply to the Department for
4

a grant under this subsection at the time and in the manner
5

the Department prescribes.
6

(2) In awarding grants, the Department shall consider
7

the necessity for gambling disorder prevention projects in
8

various settings and shall encourage all grant applicants
9

to develop interventions that will be effective and viable
10

in their local areas.
11

(3) In addition to moneys appropriated by the General
12

Assembly, the Department may seek grants from private
13

foundations, the federal government, and other sources to
14

fund the grants under this Section and to fund an
15

evaluation of the programs supported by the grants.
16

(4) The Department may award grants to create or
17

support local gambling treatment programs. Such programs
18

may include prevention, early intervention, residential
19

and outpatient treatment, and recovery support services
20

for gambling disorders. Local health departments,
21

hospitals, universities, community-based organizations,
22

and faith-based organizations may apply to the Department
23

for a grant under this subsection at the time and in the
24

manner the Department prescribes.

25
(Source: P.A. 100-759, eff. 1-1-19; 101-31, eff. 6-28-19.)

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1

(20 ILCS 301/10-10)
2

Sec. 10-10.
Powers and duties of the Council.
The Council
3
shall:
4

(a) Advise the Department on ways to encourage public
5

understanding and support of the Department's programs.
6

(b) Advise the Department on regulations and licensure
7

proposed by the Department.
8

(c) Advise the Department in the formulation,
9

preparation, and implementation of the annual plan
10

submitted with the federal Substance Use Disorder Block
11

Grant application for prevention, early intervention,
12

treatment, and other recovery support services for
13

substance use
and gambling
disorders.
14

(d) Advise the Department on implementation of
15

substance use
and gambling
disorder education and
16

prevention programs throughout the State.
17

(e) Assist with incorporating into the annual plan
18

submitted with the federal Substance Use Disorder Block
19

Grant application, planning information specific to
20

Illinois' female population. The information shall
21

contain, but need not be limited to, the types of services
22

funded, the population served, the support services
23

available, and the goals, objectives, proposed methods of
24

achievement, service projections and cost estimate for the
25

upcoming year.
26

(f) Perform other duties as requested by the

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1

Secretary.
2

(g) Advise the Department in the planning,
3

development, and coordination of programs among all
4

agencies and departments of State government, including
5

programs to reduce substance use
and gambling
disorders,
6

prevent the misuse of illegal and legal drugs by persons
7

of all ages,
prevent gambling and gaming by minors
and
8

prevent the use of alcohol by minors.
9

(h) Promote and encourage participation by the private
10

sector, including business, industry, labor, and the
11

media, in programs to prevent substance use
and gambling

12

disorders.
13

(i) Encourage the implementation of programs to
14

prevent substance use
and gambling
disorders in the public
15

and private schools and educational institutions.
16

(j) Gather information, conduct hearings, and make
17

recommendations to the Secretary concerning additions,
18

deletions, or rescheduling of substances under the
19

Illinois Controlled Substances Act.
20

(k) Report as requested to the General Assembly
21

regarding the activities and recommendations made by the
22

Council.
23
(Source: P.A. 100-759, eff. 1-1-19
.)

24

(20 ILCS 301/10-15)
25

Sec. 10-15.
Qualification and appointment of members.
The

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1
membership of the Illinois Advisory Council may, as needed,
2
consist of:
3

(a) A State's Attorney designated by the President of
4

the Illinois State's Attorneys Association.
5

(b) A judge designated by the Chief Justice of the
6

Illinois Supreme Court.
7

(c) A Public Defender appointed by the President of
8

the Illinois Public Defender Association.
9

(d) A local law enforcement officer appointed by the
10

Governor.
11

(e) A labor representative appointed by the Governor.
12

(f) An educator appointed by the Governor.
13

(g) A physician licensed to practice medicine in all
14

its branches appointed by the Governor with due regard for
15

the appointee's knowledge of the field of substance use
16

disorders.
17

(h) 4 members of the Illinois House of
18

Representatives, 2 each appointed by the Speaker and
19

Minority Leader.
20

(i) 4 members of the Illinois Senate, 2 each appointed
21

by the President and Minority Leader.
22

(j) The Chief Executive Officer of the Illinois
23

Association for Behavioral Health or his or her designee.
24

(k) An advocate for the needs of youth appointed by
25

the Governor.
26

(l) The President of the Illinois State Medical

SB2749 Enrolled
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1

Society or his or her designee.
2

(m) The President of the Illinois Hospital Association
3

or his or her designee.
4

(n) The President of the Illinois Nurses Association
5

or a registered nurse designated by the President.
6

(o) The President of the Illinois Pharmacists
7

Association or a licensed pharmacist designated by the
8

President.
9

(p) The President of the Illinois Chapter of the
10

Association of Labor-Management Administrators and
11

Consultants on Alcoholism.
12

(p-1) The Chief Executive Officer of the Community
13

Behavioral Healthcare Association of Illinois or his or
14

her designee.
15

(q) The Attorney General or his or her designee.
16

(r) The State Comptroller or his or her designee.
17

(s) 20 public members, 8 appointed by the Governor, 3
18

of whom shall be representatives of substance use
and
19

gambling
disorder treatment programs and one of whom shall
20

be a representative of a manufacturer or importing
21

distributor of alcoholic liquor licensed by the State of
22

Illinois, and 3 public members appointed by each of the
23

President and Minority Leader of the Senate and the
24

Speaker and Minority Leader of the House.
25

(t) The Director, Secretary, or other chief
26

administrative officer, ex officio, or his or her

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1

designee, of each of the following: the Department on
2

Aging, the Department of Children and Family Services, the
3

Department of Corrections, the Department of Juvenile
4

Justice, the Department of Healthcare and Family Services,
5

the Department of Revenue, the Department of Public
6

Health, the Department of Financial and Professional
7

Regulation, the Illinois State Police, the Administrative
8

Office of the Illinois Courts, the Criminal Justice
9

Information Authority, and the Department of
10

Transportation.
11

(u) Each of the following, ex officio, or his or her
12

designee: the Secretary of State, the State Superintendent
13

of Education, and the Chairman of the Board of Higher
14

Education.
15

The public members may not be officers or employees of the
16
executive branch of State government; however, the public
17
members may be officers or employees of a State college or
18
university or of any law enforcement agency. In appointing
19
members, due consideration shall be given to the experience of
20
appointees in the fields of medicine, law, prevention,
21
correctional activities, and social welfare. Vacancies in the
22
public membership shall be filled for the unexpired term by
23
appointment in like manner as for original appointments, and
24
the appointive members shall serve until their successors are
25
appointed and have qualified. Vacancies among the public
26
members appointed by the legislative leaders shall be filled

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1
by the leader of the same house and of the same political party
2
as the leader who originally appointed the member.
3

Each non-appointive member may designate a representative
4
to serve in his place by written notice to the Department. All
5
General Assembly members shall serve until their respective
6
successors are appointed or until termination of their
7
legislative service, whichever occurs first. The terms of
8
office for each of the members appointed by the Governor shall
9
be for 3 years, except that of the members first appointed, 3
10
shall be appointed for a term of one year, and 4 shall be
11
appointed for a term of 2 years. The terms of office of each of
12
the public members appointed by the legislative leaders shall
13
be for 2 years.
14
(Source: P.A. 102-538, eff. 8-20-21.)

15

(20 ILCS 301/15-10)
16

Sec. 15-10.
Licensure categories and services.
No person
17
or program may provide the services or conduct the activities
18
described in this Section without first obtaining a license
19
therefor from the Department, unless otherwise exempted under
20
this Act. The Department shall, by rule, provide requirements
21
for each of the following types of licenses and categories of
22
service:
23

(a) Treatment: Categories of service authorized by a
24

treatment license are Early Intervention, Outpatient,
25

Intensive Outpatient/Partial Hospitalization, Subacute

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1

Residential/Inpatient, and Withdrawal Management.
2

Medication assisted treatment that includes methadone used
3

for an opioid use disorder can be licensed as an adjunct to
4

any of the treatment levels of care specified in this
5

Section.
Treatment for a gambling disorder, as defined in
6

Section 1-10 and in accordance with standards developed by
7

the Department may also be added as an adjunct to any of
8

the treatment levels of care as defined in this Section.

9

(b) Intervention: Categories of service authorized by
10

an intervention license are DUI Evaluation, DUI Risk
11

Education, Designated Program, and Recovery Homes for
12

persons in any stage of recovery from a substance use
13

disorder.
Gambling disorder, as defined in Section 1-10
14

and in accordance with standards developed by the
15

Department, may also be added as an adjunct to a recovery
16

home intervention license. Harm reduction is another
17

service authorized by an intervention licensure that can
18

be issued if and when legal authorization is adopted to
19

allow for this service and upon adoption of administrative
20

or funding rules that govern the delivery of the service.

21

The Department may, under procedures established by rule
22
and upon a showing of good cause for such, exempt off-site
23
services from having to obtain a separate license for services
24
conducted away from the provider's licensed location.
25
(Source: P.A. 100-759, eff. 1-1-19
.)

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1

(20 ILCS 301/15-20)
2

Sec. 15-20.
Fees.
The Department shall charge a reasonable
3
fee,
as
determined by rule, for each licensure category at
4
each site at which activities requiring licensure are to be
5
conducted. No fee shall be required for off-site services, or
6
for services provided by a unit of government. The Department
7
may, under procedures developed by rule, waive all or part of
8
the licensure fee which would otherwise be due from providers
9
funded by the Department. All license fees collected under
10
this Act shall be deposited into the General Revenue Fund.
11
(Source: P.A. 88-80.)

12

(20 ILCS 301/20-5)
13

Sec. 20-5.
Development of statewide prevention system.
14

(a) The Department shall develop and implement a
15
comprehensive, statewide, community-based strategy to reduce
16
substance use
and gambling
disorders and prevent the misuse of
17
illegal and legal drugs by persons of all ages, and to prevent
18
the use of alcohol by minors. The system created to implement
19
this strategy shall be based on the premise that coordination
20
among and integration between all community and governmental
21
systems will facilitate effective and efficient program
22
implementation and utilization of existing resources.
23

(b) The statewide system developed under this Section may
24
be adopted by administrative rule or funded as a grant award
25
condition and shall be responsible for:

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LRB104 16389 KTG 29778 b
1

(1) Providing programs and technical assistance to
2

improve the ability of Illinois communities and schools to
3

develop, implement and evaluate prevention programs.
4

(2) Initiating and fostering continuing cooperation
5

among the Department, Department-funded prevention
6

programs, other community-based prevention providers and
7

other State, regional, or local systems or agencies that
8

have an interest in substance use disorder prevention.
9

(c) In developing, implementing, and advocating for this
10
statewide strategy and system, the Department may engage in,
11
but shall not be limited to, the following activities:
12

(1) Establishing and conducting programs to provide
13

awareness and knowledge of the nature and extent of
14

substance use
and gambling
disorders and their effect on
15

individuals, families, and communities.
16

(2) Conducting or providing prevention skill building
17

or education through the use of structured experiences.
18

(3) Developing, supporting, and advocating with new
19

and existing local community coalitions or
20

neighborhood-based grassroots networks using action
21

planning and collaborative systems to initiate change
22

regarding substance use
and gambling
disorders in their
23

communities.
24

(4) Encouraging, supporting, and advocating for
25

programs and activities that emphasize alcohol-free and
26

other drug-free lifestyles.

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LRB104 16389 KTG 29778 b
1

(5) Drafting and implementing efficient plans for the
2

use of available resources to address issues of substance
3

use
and gambling
disorder prevention.
4

(6) Coordinating local programs of alcoholism and
5

other drug abuse education and prevention.
6

(7) Encouraging the development of local advisory
7

councils.
8

(d) In providing leadership to this system, the Department
9
shall take into account, wherever possible, the needs and
10
requirements of local communities. The Department shall also
11
involve, wherever possible, local communities in its statewide
12
planning efforts. These planning efforts shall include, but
13
shall not be limited to, in cooperation with local community
14
representatives and Department-funded agencies, the analysis
15
and application of results of local needs assessments, as well
16
as a process for the integration of an evaluation component
17
into the system. The results of this collaborative planning
18
effort shall be taken into account by the Department in making
19
decisions regarding the allocation of prevention resources.
20

(e) Prevention programs funded in whole or in part by the
21
Department shall maintain staff whose skills, training,
22
experiences and cultural awareness demonstrably match the
23
needs of the people they are serving.
24

(f) The Department may delegate the functions and
25
activities described in subsection (c) of this Section to
26
local, community-based providers.

SB2749 Enrolled
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LRB104 16389 KTG 29778 b
1
(Source: P.A. 100-759, eff. 1-1-19
.)

2

(20 ILCS 301/25-5)
3

Sec. 25-5.
Establishment of comprehensive treatment
4
system.
The Department shall develop, fund and implement a
5
comprehensive, statewide, community-based system for the
6
provision of early intervention, treatment, and recovery
7
support services for persons suffering from substance use
and
8
gambling
disorders. The system created under this Section
9
shall be based on the premise that coordination among and
10
integration between all community and governmental systems
11
will facilitate effective and efficient program implementation
12
and utilization of existing resources.
13
(Source: P.A. 100-759, eff. 1-1-19
.)

14

(20 ILCS 301/30-5)
15

Sec. 30-5.
Patients' rights established.
16

(a) For purposes of this Section, "patient" means any
17
person who is receiving or has received early intervention,
18
treatment, or other recovery support services under this Act
19
or any category of service licensed as "intervention" under
20
this Act.
21

(b) No patient shall be deprived of any rights, benefits,
22
or privileges guaranteed by law, the Constitution of the
23
United States of America, or the Constitution of the State of
24
Illinois solely because of his or her status as a patient.

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1

(c) Persons who have substance use
and gambling
disorders
2
who are also suffering from medical conditions shall not be
3
discriminated against in admission or treatment by any
4
hospital that receives support in any form supported in whole
5
or in part by funds appropriated to any State department or
6
agency.
7

(d) Every patient shall have impartial access to services
8
without regard to race, religion, sex, ethnicity, age, sexual
9
orientation, gender identity, marital status, or other
10
disability.
11

(e) Patients shall be permitted the free exercise of
12
religion.
13

(f) Every patient's personal dignity shall be recognized
14
in the provision of services, and a patient's personal privacy
15
shall be assured and protected within the constraints of his
16
or her individual treatment.
17

(g) Treatment services shall be provided in the least
18
restrictive environment possible.
19

(h) Each patient receiving treatment services shall be
20
provided an individual treatment plan, which shall be
21
periodically reviewed and updated as mandated by
22
administrative rule.
23

(i) Treatment shall be person-centered, meaning that every
24
patient shall be permitted to participate in the planning of
25
his or her total care and medical treatment to the extent that
26
his or her condition permits.

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1

(j) A person shall not be denied treatment solely because
2
he or she has withdrawn from treatment against medical advice
3
on a prior occasion or had prior treatment episodes.
4

(k) The patient in residential treatment shall be
5
permitted visits by family and significant others, unless such
6
visits are clinically contraindicated.
7

(l) A patient in residential treatment shall be allowed to
8
conduct private telephone conversations with family and
9
friends unless clinically contraindicated.
10

(m) A patient in residential treatment shall be permitted
11
to send and receive mail without hindrance, unless clinically
12
contraindicated.
13

(n) A patient shall be permitted to manage his or her own
14
financial affairs unless the patient or the patient's
15
guardian, or if the patient is a minor, the patient's parent,
16
authorizes another competent person to do so.
17

(o) A patient shall be permitted to request the opinion of
18
a consultant at his or her own expense, or to request an
19
in-house review of a treatment plan, as provided in the
20
specific procedures of the provider. A treatment provider is
21
not liable for the negligence of any consultant.
22

(p) Unless otherwise prohibited by State or federal law,
23
every patient shall be permitted to obtain from his or her own
24
physician, the treatment provider, or the treatment provider's
25
consulting physician complete and current information
26
concerning the nature of care, procedures, and treatment that

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1
he or she will receive.
2

(q) A patient shall be permitted to refuse to participate
3
in any experimental research or medical procedure without
4
compromising his or her access to other, non-experimental
5
services. Before a patient is placed in an experimental
6
research or medical procedure, the provider must first obtain
7
his or her informed written consent or otherwise comply with
8
the federal requirements regarding the protection of human
9
subjects contained in 45 CFR Part 46.
10

(r) All medical treatment and procedures shall be
11
administered as ordered by a physician and in accordance with
12
all Department rules.
13

(s) Every patient in treatment shall be permitted to
14
refuse medical treatment and to know the consequences of such
15
action. Such refusal by a patient shall free the treatment
16
licensee from the obligation to provide the treatment.
17

(t) Unless otherwise prohibited by State or federal law,
18
every patient, patient's guardian, or parent, if the patient
19
is a minor, shall be permitted to inspect and copy all clinical
20
and other records kept by the intervention or treatment
21
licensee or by his or her physician concerning his or her care
22
and maintenance. The licensee or physician may charge a
23
reasonable fee for the duplication of a record.
24

(u) No owner, licensee, administrator, employee, or agent
25
of a licensed intervention or treatment program shall abuse or
26
neglect a patient. It is the duty of any individual who becomes

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1
aware of such abuse or neglect to report it to the Department
2
immediately.
3

(v) The licensee may refuse access to any person if the
4
actions of that person are or could be injurious to the health
5
and safety of a patient or the licensee, or if the person seeks
6
access for commercial purposes.
7

(w) All patients admitted to community-based treatment
8
facilities shall be considered voluntary treatment patients
9
and such patients shall not be contained within a locked
10
setting.
11

(x) Patients and their families or legal guardians shall
12
have the right to present complaints to the provider or the
13
Department concerning the quality of care provided to the
14
patient, without threat of discharge or reprisal in any form
15
or manner whatsoever. The complaint process and procedure
16
shall be adopted by the Department by rule. The treatment
17
provider shall have in place a mechanism for receiving and
18
responding to such complaints, and shall inform the patient
19
and the patient's family or legal guardian of this mechanism
20
and how to use it. The provider shall analyze any complaint
21
received and, when indicated, take appropriate corrective
22
action. Every patient and his or her family member or legal
23
guardian who makes a complaint shall receive a timely response
24
from the provider that substantively addresses the complaint.
25
The provider shall inform the patient and the patient's family
26
or legal guardian about other sources of assistance if the

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1
provider has not resolved the complaint to the satisfaction of
2
the patient or the patient's family or legal guardian.
3

(y) A patient may refuse to perform labor at a program
4
unless such labor is a part of the patient's individual
5
treatment plan as documented in the patient's clinical record.
6

(z) A person who is in need of services may apply for
7
voluntary admission in the manner and with the rights provided
8
for under regulations promulgated by the Department. If a
9
person is refused admission, then staff, subject to rules
10
promulgated by the Department, shall refer the person to
11
another facility or to other appropriate services.
12

(aa) No patient shall be denied services based solely on
13
HIV status. Further, records and information governed by the
14
AIDS Confidentiality Act and the AIDS Confidentiality and
15
Testing Code (77 Ill. Adm. Code 697) shall be maintained in
16
accordance therewith.
17

(bb) Records of the identity, diagnosis, prognosis or
18
treatment of any patient maintained in connection with the
19
performance of any service or activity relating to substance
20
use
and gambling
disorder education, early intervention,
21
intervention, training, or treatment that is regulated,
22
authorized, or directly or indirectly assisted by any
23
Department or agency of this State or under any provision of
24
this Act shall be confidential and may be disclosed only in
25
accordance with the provisions of federal law and regulations
26
concerning the confidentiality of substance use
and gambling

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1
disorder patient records as contained in 42 U.S.C. Sections
2
290dd-2 and 42 CFR Part 2, or any successor federal statute or
3
regulation.
4

(1) The following are exempt from the confidentiality
5

protections set forth in 42 CFR Section 2.12(c):
6

(A) Veteran's Administration records.
7

(B) Information obtained by the Armed Forces.
8

(C) Information given to qualified service
9

organizations.
10

(D) Communications within a program or between a
11

program and an entity having direct administrative
12

control over that program.
13

(E) Information given to law enforcement personnel
14

investigating a patient's commission of a crime on the
15

program premises or against program personnel.
16

(F) Reports under State law of incidents of
17

suspected child abuse and neglect; however,
18

confidentiality restrictions continue to apply to the
19

records and any follow-up information for disclosure
20

and use in civil or criminal proceedings arising from
21

the report of suspected abuse or neglect.
22

(2) If the information is not exempt, a disclosure can
23

be made only under the following circumstances:
24

(A) With patient consent as set forth in 42 CFR
25

Sections 2.1(b)(1) and 2.31, and as consistent with
26

pertinent State law.

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1

(B) For medical emergencies as set forth in 42 CFR
2

Sections 2.1(b)(2) and 2.51.
3

(C) For research activities as set forth in 42 CFR
4

Sections 2.1(b)(2) and 2.52.
5

(D) For audit evaluation activities as set forth
6

in 42 CFR Section 2.53.
7

(E) With a court order as set forth in 42 CFR
8

Sections 2.61 through 2.67.
9

(3) The restrictions on disclosure and use of patient
10

information apply whether the holder of the information
11

already has it, has other means of obtaining it, is a law
12

enforcement or other official, has obtained a subpoena, or
13

asserts any other justification for a disclosure or use
14

that is not permitted by 42 CFR Part 2. Any court orders
15

authorizing disclosure of patient records under this Act
16

must comply with the procedures and criteria set forth in
17

42 CFR Sections 2.64 and 2.65. Except as authorized by a
18

court order granted under this Section, no record referred
19

to in this Section may be used to initiate or substantiate
20

any charges against a patient or to conduct any
21

investigation of a patient.
22

(4) The prohibitions of this subsection shall apply to
23

records concerning any person who has been a patient,
24

regardless of whether or when the person ceases to be a
25

patient.
26

(5) Any person who discloses the content of any record

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1

referred to in this Section except as authorized shall,
2

upon conviction, be guilty of a Class A misdemeanor.
3

(6) The Department shall prescribe regulations to
4

carry out the purposes of this subsection. These
5

regulations may contain such definitions, and may provide
6

for such safeguards and procedures, including procedures
7

and criteria for the issuance and scope of court orders,
8

as in the judgment of the Department are necessary or
9

proper to effectuate the purposes of this Section, to
10

prevent circumvention or evasion thereof, or to facilitate
11

compliance therewith.
12

(cc) Each patient shall be given a written explanation of
13
all the rights enumerated in this Section and a copy, signed by
14
the patient, shall be kept in every patient record. If a
15
patient is unable to read such written explanation, it shall
16
be read to the patient in a language that the patient
17
understands. A copy of all the rights enumerated in this
18
Section shall be posted in a conspicuous place within the
19
program where it may readily be seen and read by program
20
patients and visitors.
21

(dd) The program shall ensure that its staff is familiar
22
with and observes the rights and responsibilities enumerated
23
in this Section.
24

(ee) Licensed organizations shall comply with the right of
25
any adolescent to consent to treatment without approval of the
26
parent or legal guardian in accordance with the Consent by

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LRB104 16389 KTG 29778 b
1
Minors to Health Care Services Act.
2

(ff) At the point of admission for services, licensed
3
organizations must obtain written informed consent, as defined
4
in Section 1-10 and in administrative rule, from each client,
5
patient, or legal guardian.
6
(Source: P.A. 102-813, eff. 5-13-22.)

7

(20 ILCS 301/35-5)
8

Sec. 35-5.
Services for pregnant women and mothers.
9

(a) In order to promote a comprehensive, statewide and
10
multidisciplinary approach to serving pregnant women and
11
mothers, including those who are minors, and their children
12
who are affected by substance use
and gambling
disorders, the
13
Department shall have responsibility for an ongoing exchange
14
of referral information among the following:
15

(1) those who provide medical and social services to
16

pregnant women, mothers and their children, whether or not
17

there exists evidence of a substance use
and gambling

18

disorder. These include any other State-funded medical or
19

social services to pregnant women.
20

(2) providers of treatment services to women affected
21

by substance use
and gambling
disorders.
22

(b) (Blank).
23

(c) (Blank).
24

(d) (Blank).
25

(e) (Blank).

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1

(f) The Department shall develop and maintain an updated
2
and comprehensive directory of licensed providers that deliver
3
treatment and intervention services. The Department shall post
4
on its website a licensed provider directory updated at least
5
quarterly.
6

(g) As a condition of any State grant or contract, the
7
Department shall require that any treatment program for women
8
with substance use disorders provide services, either by its
9
own staff or by agreement with other agencies or individuals,
10
which include but need not be limited to the following:
11

(1) coordination with any program providing case
12

management services to ensure ongoing monitoring and
13

coordination of services after the addicted woman has
14

returned home.
15

(2) coordination with medical services for individual
16

medical care of pregnant women, including prenatal care
17

under the supervision of a physician.
18

(3) coordination with child care services.
19

(h) As a condition of any State grant or contract, the
20
Department shall require that any nonresidential program
21
receiving any funding for treatment services accept women who
22
are pregnant, provided that such services are clinically
23
appropriate. Failure to comply with this subsection shall
24
result in termination of the grant or contract and loss of
25
State funding.
26

(i)(1) From funds appropriated expressly for the purposes

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1
of this Section, the Department shall create or contract with
2
licensed, certified agencies to develop a program for the care
3
and treatment of pregnant women, mothers and their children.
4
The program shall be in Cook County in an area of high density
5
population having a disproportionate number of women with
6
substance use
, gambling, and other
disorders and a high infant
7
mortality rate.
8

(2) From funds appropriated expressly for the purposes of
9
this Section, the Department shall create or contract with
10
licensed, certified agencies to develop a program for the care
11
and treatment of low income pregnant women. The program shall
12
be located anywhere in the State outside of Cook County in an
13
area of high density population having a disproportionate
14
number of low income pregnant women.
15

(3) In implementing the programs established under this
16
subsection, the Department shall contract with existing
17
residential treatment or recovery homes in areas having a
18
disproportionate number of women with substance use
, gambling,
19
and other
disorders who need residential treatment. Priority
20
shall be given to women who:
21

(A) are pregnant, especially if they are intravenous
22

drug users,
23

(B) have minor children,
24

(C) are both pregnant and have minor children, or
25

(D) are referred by medical personnel because they
26

either have given birth to a baby with a substance use

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1

disorder, or will give birth to a baby with a substance use
2

disorder.
3

(4) The services provided by the programs shall include
4
but not be limited to:
5

(A) individual medical care, including prenatal care,
6

under the supervision of a physician.
7

(B) temporary, residential shelter for pregnant women,
8

mothers and children when necessary.
9

(C) a range of educational or counseling services.
10

(D) comprehensive and coordinated social services,
11

including therapy groups for the treatment of substance
12

use disorders; family therapy groups; programs to develop
13

positive self-awareness; parent-child therapy; and
14

residential support groups.
15

(5) (Blank).
16
(Source: P.A. 100-759, eff. 1-1-19
.)

17

(20 ILCS 301/35-10)
18

Sec. 35-10.
Adolescent Family Life Program.
19

(a) The General Assembly finds and declares the following:
20

(1) In Illinois, a substantial number of babies are
21

born each year to adolescent mothers between 12 and 19
22

years of age.
23

(2) A substantial percentage of pregnant adolescents
24

have substance use disorders or live in environments in
25

which substance use disorders occur and thus are at risk

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1

of exposing their infants to dangerous and harmful
2

circumstances.
3

(3) It is difficult to provide substance use disorder
4

counseling for adolescents in settings designed to serve
5

adults.
6

(b) To address the findings set forth in subsection (a),
7
and subject to appropriation, the Department may establish and
8
fund treatment strategies to meet the developmental, social,
9
and educational needs of high-risk pregnant adolescents and
10
shall do the following:
11

(1) To the maximum extent feasible and appropriate,
12

utilize existing services and funding rather than create
13

new, duplicative services.
14

(2) Include plans for coordination and collaboration
15

with existing perinatal substance use
, gambling, and other

16

disorder services.
17

(3) Include goals and objectives for reducing the
18

incidence of high-risk pregnant adolescents.
19

(4) Be culturally and linguistically appropriate to
20

the population being served.
21

(5) Include staff development training by substance
22

use
, gambling, and other
disorder counselors.
23

As used in this Section, "high-risk pregnant adolescent"
24
means a person at least 12 but not more than 18 years of age
25
with a substance use
and gambling
disorder who is pregnant.
26

(c) (Blank).

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1
(Source: P.A. 100-759, eff. 1-1-19
.)

2

(20 ILCS 301/40-10)
3

Sec. 40-10.
Treatment as a condition of probation.
4

(a) If a court has reason to believe that an individual who
5
is charged with or convicted of a crime suffers from a
6
substance use
or gambling
disorder and the court finds that he
7
or she is eligible to make the election provided for under
8
Section 40-5, the court shall advise the individual that he or
9
she may be sentenced to probation and shall be subject to terms
10
and conditions of probation under Section 5-6-3 of the Unified
11
Code of Corrections if he or she elects to participate in
12
treatment and is accepted for services by a designated
13
program. The court shall further advise the individual that:
14

(1) If he or she elects to participate in treatment
15

and is accepted he or she shall be sentenced to probation
16

and placed under the supervision of the designated program
17

for a period not to exceed the maximum sentence that could
18

be imposed for his or her conviction or 5 years, whichever
19

is less.
20

(2) During probation he or she may be treated at the
21

discretion of the designated program.
22

(3) If he or she adheres to the requirements of the
23

designated program and fulfills the other conditions of
24

probation ordered by the court, he or she will be
25

discharged, but any failure to adhere to the requirements

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1

of the designated program is a breach of probation.
2

The court may require an individual to obtain treatment
3
while on probation under the supervision of a designated
4
program and probation authorities regardless of the election
5
of the individual if the assessment, as specified in
6
subsection (b), indicates that such treatment is medically
7
necessary.
8

(b) If the individual elects to undergo treatment or is
9
required to obtain treatment, the court shall order an
10
assessment by a designated program to determine whether he or
11
she suffers from a substance use
or gambling
disorder and is
12
likely to be rehabilitated through treatment. The designated
13
program shall report to the court the results of the
14
assessment and, if treatment is determined medically
15
necessary, indicate the diagnosis and the recommended initial
16
level of care. If the court, on the basis of the report and
17
other information, finds that such an individual suffers from
18
a substance use disorder and is likely to be rehabilitated
19
through treatment, the individual shall be placed on probation
20
and under the supervision of a designated program for
21
treatment and under the supervision of the proper probation
22
authorities for probation supervision unless, giving
23
consideration to the nature and circumstances of the offense
24
and to the history, character, and condition of the
25
individual, the court is of the opinion that no significant
26
relationship exists between the substance use disorder of the

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1
individual and the crime committed, or that his or her
2
imprisonment or periodic imprisonment is necessary for the
3
protection of the public, and the court specifies on the
4
record the particular evidence, information, or other reasons
5
that form the basis of such opinion. However, under no
6
circumstances shall the individual be placed under the
7
supervision of a designated program for treatment before the
8
entry of a judgment of conviction.
9

(c) If the court, on the basis of the report or other
10
information, finds that the individual suffering from a
11
substance use disorder is not likely to be rehabilitated
12
through treatment, or that his or her substance use disorder
13
and the crime committed are not significantly related, or that
14
his or her imprisonment or periodic imprisonment is necessary
15
for the protection of the public, the court shall impose
16
sentence as in other cases. The court may require such
17
progress reports on the individual from the probation officer
18
and designated program as the court finds necessary. Case
19
management services, as defined in this Act and as further
20
described by rule, shall also be delivered by the designated
21
program. No individual may be placed under treatment
22
supervision unless a designated program accepts him or her for
23
treatment.
24

(d) Failure of an individual placed on probation and under
25
the supervision of a designated program to observe the
26
requirements set down by the designated program shall be

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1
considered a probation violation. Such failure shall be
2
reported by the designated program to the probation officer in
3
charge of the individual and treated in accordance with
4
probation regulations.
5

(e) Upon successful fulfillment of the terms and
6
conditions of probation the court shall discharge the person
7
from probation. If the person has not previously been
8
convicted of any felony offense and has not previously been
9
granted a vacation of judgment under this Section, upon
10
motion, the court shall vacate the judgment of conviction and
11
dismiss the criminal proceedings against him or her unless,
12
having considered the nature and circumstances of the offense
13
and the history, character and condition of the individual,
14
the court finds that the motion should not be granted. Unless
15
good cause is shown, such motion to vacate must be filed at any
16
time from the date of the entry of the judgment to a date that
17
is not more than 60 days after the discharge of the probation.
18
(Source: P.A. 99-574, eff. 1-1-17; 100-759, eff. 1-1-19
.)

19

(20 ILCS 301/50-5)
20

Sec. 50-5.
Prevention and Treatment of Alcoholism and
21
Substance Abuse Block Grant Fund. Monies received from the
22
federal government under the Block Grant for the Prevention
23
and Treatment of Alcoholism and Substance Abuse shall be
24
deposited into the Prevention and Treatment of Alcoholism and
25
Substance Abuse Block Grant Fund which is hereby created as a

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LRB104 16389 KTG 29778 b
1
special

federal trust
fund in the State treasury. Monies in
2
this fund shall be appropriated to the Department and expended
3
for the purposes and activities specified by federal law or
4
regulation.
5
(Source: P.A. 104-2, eff. 6-16-25.)

6

(20 ILCS 301/50-25)
7

(Section scheduled to be repealed on January 1, 2027)
8

Sec. 50-25.
Youth Alcoholism and Substance Abuse
9
Prevention Fund.
There is hereby created in the State treasury
10
a special Fund to be known as the Youth Alcoholism and
11
Substance Abuse Prevention Fund. Monies in this Fund shall be
12
appropriated to the Department and expended for the purpose of
13
helping support and establish community-based alcohol and
14
other drug abuse prevention programs.
On June 30, 2026, or as
15
soon thereafter as practical, the State Comptroller shall
16
direct and the State Treasurer shall transfer the remaining
17
balance from the Youth Alcoholism and Substance Abuse
18
Prevention Fund into the General Revenue Fund. Upon completion
19
of the transfer, the Youth Alcoholism and Substance Abuse
20
Prevention Fund is dissolved, and any future deposits due to
21
that Fund and any outstanding obligations or liabilities of
22
that Fund shall pass to the General Revenue Fund. This Section
23
is repealed on January 1, 2027.

24
(Source: P.A. 104-2, eff. 6-16-25.)

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LRB104 16389 KTG 29778 b
1

(20 ILCS 301/50-30)
2

(Section scheduled to be repealed on January 1, 2027)
3

Sec. 50-30.
Youth Drug Abuse Prevention Fund.
4

(a) There is hereby established the Youth Drug Abuse
5
Prevention Fund, to be held as a separate fund in the State
6
treasury. Monies in this fund shall be appropriated to the
7
Department and expended for grants to community-based agencies
8
or non-profit organizations providing residential or
9
nonresidential treatment or prevention programs or any
10
combination thereof.
11

(b) (Blank).
12

(b-5) There shall be deposited into the Youth Drug Abuse
13
Prevention Fund such monies as may be received under the
14
income tax checkoff provided for in subsection (b) of this
15
Section. There shall also be deposited into this fund such
16
monies as may be received under:

17

(1) subsection (a) of Section 10.2 of the Cannabis
18

Control Act;

19

(2) subsection (a) of Section 413 of the Illinois
20

Controlled Substances Act;

21

(3) subsection (a) of Section 5.2 of the Narcotics
22

Profit Forfeiture Act; or

23

(4) Section 5-9-1.2 of the Unified Code of
24

Corrections.

25

(c)
(Blank).

On June 30, 2026, or as soon thereafter as
26
practical, the State Comptroller shall direct and the State

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1
Treasurer shall transfer the remaining balance from the Youth
2
Drug Abuse Prevention Fund into the Drug Treatment Fund. Upon
3
completion of the transfer, the Youth Drug Abuse Prevention
4
Fund is dissolved, and any future deposits due to that Fund and
5
any outstanding obligations or liabilities of that Fund shall
6
pass to the Drug Treatment Fund.
7

(d)
(Blank).

This Section is repealed on January 1, 2027.

8
(Source: P.A. 104-2, eff. 6-16-25.)

9

(20 ILCS 301/50-35)
10

Sec. 50-35.
Drug Treatment Fund.
11

(a)
There is hereby established the Drug Treatment Fund,
12
to be held as a separate fund in the State treasury. There
13
shall be deposited into this fund such amounts as may be
14
received under subsections (h) and (i) of Section 411.2 of the
15
Illinois Controlled Substances Act, under Section 80 of the
16
Methamphetamine Control and Community Protection Act, and
17
under Section 7 of the Controlled Substance and Cannabis
18
Nuisance Act, or under Section 6z-107 of the State Finance
19
Act.

The Drug Treatment Fund is hereby established as a
20
special fund within the State treasury. There shall be
21
deposited into this fund such amounts as may be provided by
22
law.
23

(b)
Monies in this fund shall be appropriated to the
24
Department for the purposes and activities set forth in
25
subsections (h) and (i) of Section 411.2 of the Illinois

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1
Controlled Substances Act, or in Section 7 of the Controlled
2
Substance and Cannabis Nuisance Act, or in Section 6z-107 of
3
the State Finance Act.

Moneys in this fund shall be
4
appropriated to the Department for grants to community-based
5
agencies or nonprofit organizations providing residential or
6
nonresidential treatment or prevention programs or any
7
combination of those programs or as otherwise provided by law.
8
(Source: P.A. 104-2, eff. 6-16-25.)

9

(20 ILCS 301/50-40)
10

Sec. 50-40.
Group Home Loan Revolving Fund.
11

(a) There is hereby established the Group Home Loan
12
Revolving Fund, referred to in this Section as the "fund", to
13
be held as a separate fund within the State Treasury. Monies in
14
this fund shall be appropriated to the Department on a
15
continuing annual basis. With these funds, the Department
16
shall, directly or through subcontract, make loans to assist
17
in underwriting the costs of housing in which there may reside
18
individuals who are recovering from substance use
or gambling

19
disorders, and who are seeking an alcohol-free or drug-free
or
20
gambling free
environment in which to live. Consistent with
21
federal law and regulation, the Department may establish
22
guidelines for approving the use and management of monies
23
loaned from the fund, the operation of group homes receiving
24
loans under this Section and the repayment of monies loaned.
25

(b) There shall be deposited into the fund such amounts

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including, but not limited to:
2

(1) All receipts, including principal and interest
3

payments and royalties, from any applicable loan agreement
4

made from the fund.
5

(2) All proceeds of assets of whatever nature received
6

by the Department as a result of default or delinquency
7

with respect to loan agreements made from the fund,
8

including proceeds from the sale, disposal, lease or
9

rental of real or personal property that the Department
10

may receive as a result thereof.
11

(3) Any direct appropriations made by the General
12

Assembly, or any gifts or grants made by any person to the
13

fund.
14

(4) Any income received from interest on investments
15

of monies in the fund.
16

(c) The Treasurer may invest monies in the fund in
17
securities constituting obligations of the United States
18
government, or in obligations the principal of and interest on
19
which are guaranteed by the United States government, or in
20
certificates of deposit of any State or national bank which
21
are fully secured by obligations guaranteed as to principal
22
and interest by the United States government.
23
(Source: P.A. 100-759, eff. 1-1-19
.)

24

(20 ILCS 301/55-30)
25

Sec. 55-30.
Rate increase.

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(a) The Department shall by rule develop the increased
2
rate methodology and annualize the increased rate beginning
3
with State fiscal year 2018 contracts to licensed providers of
4
community-based substance use disorder intervention or
5
treatment, based on the additional amounts appropriated for
6
the purpose of providing a rate increase to licensed
7
providers. The Department shall adopt rules, including
8
emergency rules under subsection (y) of Section 5-45 of the
9
Illinois Administrative Procedure Act, to implement the
10
provisions of this Section.
11

(b) (Blank).
12

(c) Beginning on July 1, 2022, the Division of Substance
13
Use Prevention and Recovery shall increase reimbursement rates
14
for all community-based substance use disorder treatment and
15
intervention services by 47%, including, but not limited to,
16
all of the following:
17

(1) Admission and Discharge Assessment.
18

(2) Level 1 (Individual).
19

(3) Level 1 (Group).
20

(4) Level 2 (Individual).
21

(5) Level 2 (Group).
22

(6) Case Management.
23

(7) Psychiatric Evaluation.
24

(8) Medication Assisted Recovery.
25

(9) Community Intervention.
26

(10) Early Intervention (Individual).

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(11) Early Intervention (Group).
2

Beginning in State Fiscal Year 2023, and every State
3
fiscal year thereafter, reimbursement rates for those
4
community-based substance use disorder treatment and
5
intervention services shall be adjusted upward by an amount
6
equal to the Consumer Price Index-U from the previous year,
7
not to exceed 2% in any State fiscal year. If there is a
8
decrease in the Consumer Price Index-U, rates shall remain
9
unchanged for that State fiscal year. The Department shall
10
adopt rules, including emergency rules in accordance with the
11
Illinois Administrative Procedure Act, to implement the
12
provisions of this Section.
13

As used in this Section, "Consumer Price Index-U" means
14
the index published by the Bureau of Labor Statistics of the
15
United States Department of Labor that measures the average
16
change in prices of goods and services purchased by all urban
17
consumers, United States city average, all items, 1982-84 =
18
100.
19

(d) Beginning on January 1, 2024, subject to federal
20
approval, the Division of Substance Use Prevention and
21
Recovery shall increase reimbursement rates for all ASAM level
22
3 residential/inpatient substance use disorder treatment and
23
intervention services by 30%, including, but not limited to,
24
the following services:
25

(1) ASAM level 3.5 Clinically Managed High-Intensity
26

Residential Services for adults;

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(2) ASAM level 3.5 Clinically Managed Medium-Intensity
2

Residential Services for adolescents;
3

(3) ASAM level 3.2 Clinically Managed Residential
4

Withdrawal Management;
5

(4) ASAM level 3.7 Medically Monitored Intensive
6

Inpatient Services for adults and Medically Monitored
7

High-Intensity Inpatient Services for adolescents; and
8

(5) ASAM level 3.1 Clinically Managed Low-Intensity
9

Residential Services for adults and adolescents.
10

(e) Beginning in State fiscal year 2025, and every State
11
fiscal year thereafter, reimbursement rates for licensed or
12
certified substance use disorder treatment providers of ASAM
13
Level 3 residential/inpatient services for persons with
14
substance use disorders shall be adjusted upward by an amount
15
equal to the Consumer Price Index-U from the previous year,
16
not to exceed 2% in any State fiscal year. If there is a
17
decrease in the Consumer Price Index-U, rates shall remain
18
unchanged for that State fiscal year. The Department shall
19
adopt rules, including emergency rules, in accordance with the
20
Illinois Administrative Procedure Act, to implement the
21
provisions of this Section.
22
(Source: P.A. 102-699, eff. 4-19-22; 103-102, eff. 6-16-23;
23
103-588, eff. 6-5-24.)

24

(20 ILCS 301/55-40)
25

Sec. 55-40.
Recovery residences.

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(a) As used in this Section, "recovery residence" means a
2
recovery-oriented, gambling free

sober
, safe, and healthy
3
living environment that promotes recovery from alcohol and
4
other drug use
, gambling disorder,
and associated problems.
5
These residences are not subject to Department licensure as
6
they are viewed as independent living residences that only
7
provide peer support and a lengthened exposure to the culture
8
of recovery.
9

(b) The Department shall develop and maintain an online
10
registry for recovery residences that operate in Illinois to
11
serve as a resource for individuals seeking continued recovery
12
assistance.
13

(c) Non-licensable recovery residences are encouraged to
14
register with the Department and the registry shall be
15
publicly available through online posting.
16

(d) The registry shall indicate any accreditation,
17
certification, or licensure that each recovery residence has
18
received from an entity that has developed uniform national
19
standards. The registry shall also indicate each recovery
20
residence's location in order to assist providers and
21
individuals in finding
alcohol and drug free housing options
22
with
like-minded residents who are committed to
a
23
recovery-oriented life

alcohol and drug free living
.
24

(e) Registrants are encouraged to seek national
25
accreditation from any entity that has developed uniform State
26
or national standards for recovery residences.

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(f) The Department shall include a disclaimer on the
2
registry that states that the recovery residences are not
3
regulated by the Department and their listing is provided as a
4
resource but not as an endorsement by the State.
5
(Source: P.A. 100-1062, eff. 1-1-19; 101-81, eff. 7-12-19.)

6

Section 99.
Effective date.
This Act takes effect upon
7
becoming law.

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