Public Act 100-0494
 
HB3161 EnrolledLRB100 08029 KTG 18113 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Alcoholism and Other Drug Abuse and 
Dependency Act is amended  by adding Section 5-10 and by adding 
Section 20-30 as follows:
 



    (20 ILCS 301/5-10)


    Sec. 5-10. Functions of the Department. 

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


        (1) Design, coordinate and fund a comprehensive and 
    coordinated
community-based and culturally and 
    gender-appropriate array of services
throughout the State 
    for the prevention, intervention, treatment and

    rehabilitation of alcohol and other drug abuse and 
    dependency that is
accessible and addresses the needs of 
    at-risk or addicted individuals and their
families.


        (2) Act as the exclusive State agency to accept, 
    receive and expend,
pursuant to appropriation, any public 
    or private monies, grants or services,
including those 
    received from the federal government or from other State

    agencies, for the purpose of providing an array of services 
    for the prevention,
intervention, treatment and 
    rehabilitation of alcoholism or other drug abuse or

    dependency.  Monies received by the Department shall be 
    deposited into
appropriate funds as may be created by State 
    law or administrative action.

        (2.5) In partnership with the Department of Healthcare 
    and Family Services, act as one of  the principal State 
    agencies for the sole purpose of calculating the 
    maintenance of effort requirement under Section 1930 of 
    Title XIX, Part B, Subpart II of the Public Health Service 
    Act (42 U.S.C.  300x-30) and the Interim Final Rule (45 CFR 
    96.134). 

        (3) Coordinate a statewide strategy among State 
    agencies for the
prevention, intervention, treatment and 
    rehabilitation of alcohol and other
drug abuse and 
    dependency.  This strategy shall include the development of 
    an
annual comprehensive State plan for the provision of an 
    array of services for
education, prevention, intervention, 
    treatment, relapse prevention and other
services and 
    activities to alleviate alcoholism and other drug abuse and

    dependency.  The plan shall be based on local 
    community-based needs and upon
data including, but not 
    limited to, that which defines the prevalence of and
costs 
    associated with the abuse of and dependency upon alcohol 
    and other drugs.
This comprehensive State plan shall 
    include identification of problems, needs,
priorities, 
    services and other pertinent information, including the 
    needs of
minorities and other specific populations in the 
    State, and shall describe how
the identified problems and 
    needs will be addressed.  For purposes of this
paragraph, 
    the term "minorities and other specific populations" may 
    include,
but shall not be limited to, groups such as women, 
    children, intravenous drug
users, persons with AIDS or who 
    are HIV infected, African-Americans, Puerto
Ricans, 
    Hispanics, Asian Americans, the elderly, persons in the 
    criminal
justice system, persons who are clients of 
    services provided by other State
agencies, persons with 
    disabilities and such other specific populations as the

    Department may from time to time identify. In developing 
    the plan, the
Department shall seek input from providers, 
    parent groups, associations and
interested citizens.


        Beginning with State fiscal year 1996, the annual 
    comprehensive State plan
developed under this Section 
    shall include an explanation of the rationale to
be used in 
    ensuring that funding shall be based upon local community 
    needs,
including, but not limited to, the incidence and 
    prevalence of, and costs
associated with, the abuse of and 
    dependency upon alcohol and other drugs, as
well as upon 
    demonstrated program performance.


        The annual comprehensive State plan developed under 
    this Section shall
contain a report detailing the 
    activities of and progress made by the programs
for the 
    care and treatment of addicted pregnant women, addicted 
    mothers and
their children established under subsection 
    (j) of Section 35-5 of this Act. 


        Each State agency which provides or funds alcohol or 
    drug prevention,
intervention and treatment services shall 
    annually prepare an agency plan for
providing such 
    services, and these shall be used by the Department in 
    preparing
the annual comprehensive statewide plan.  Each 
    agency's annual plan for alcohol
and drug abuse services 
    shall contain a report on the activities and progress
of 
    such services in the prior year.  The Department may provide 
    technical
assistance to other State agencies, as required, 
    in the development of their
agency plans.


        (4) Lead, foster and develop cooperation, coordination 
    and agreements
among federal and State governmental 
    agencies and local providers that provide
assistance, 
    services, funding or other functions, peripheral or 
    direct, in the
prevention, intervention, treatment or 
    rehabilitation of alcoholism and other
drug abuse and 
    dependency.  This shall include, but shall not be limited 
    to,
the following:


            (A) Cooperate with and assist the Department of 
        Corrections and
the Department on Aging in 
        establishing and conducting programs relating to 
        alcoholism
and other drug abuse and dependency among 
        those populations which they
respectively serve.


            (B) Cooperate with and assist the Illinois 
        Department of Public Health
in the establishment, 
        funding and support of programs and services for the

        promotion of maternal and child health and the 
        prevention and treatment of
infectious diseases, 
        including but not limited to HIV infection, especially

        with respect to those persons who may abuse drugs by 
        intravenous injection, or
may have been sexual 
        partners of drug abusers, or may have abused substances 
        so
that their immune systems are impaired, causing them 
        to be at high risk.


            (C) Supply to the Department of Public Health and 
        prenatal care
providers a list of all alcohol and other 
        drug abuse service providers for
addicted pregnant 
        women in this State.


            (D) Assist in the placement of child abuse or 
        neglect perpetrators
(identified by the Illinois 
        Department of Children and Family Services) who
have 
        been determined to be in need of alcohol or other drug 
        abuse services
pursuant to Section 8.2 of the Abused 
        and Neglected Child Reporting Act.


            (E) Cooperate with and assist the Illinois 
        Department of Children and
Family Services in carrying 
        out its mandates to:


                (i) identify alcohol and other drug abuse 
            issues among its clients and
their families; and


                (ii) develop programs and services to deal 
            with such problems.


        These programs and services may include, but shall not 
        be limited to,
programs to prevent the abuse of alcohol 
        or other drugs by DCFS clients and
their families, 
        rehabilitation services, identifying child care needs 
        within
the array of alcohol and other drug abuse 
        services, and assistance with other
issues as 
        required.


            (F) Cooperate with and assist the Illinois 
        Criminal Justice Information
Authority with respect to 
        statistical and other information concerning drug

        abuse incidence and prevalence.


            (G) Cooperate with and assist the State 
        Superintendent of Education,
boards of education, 
        schools, police departments, the Illinois Department 
        of
State Police, courts and other public and private 
        agencies and individuals in
establishing prevention 
        programs statewide and preparing curriculum materials

        for use at all levels of education. An agreement shall 
        be entered into with the
State Superintendent of 
        Education to assist in the establishment of such

        programs.


            (H) Cooperate with and assist the Illinois 
        Department of Healthcare and Family Services in
the 
        development and provision of services offered to 
        recipients of public
assistance for the treatment and 
        prevention of alcoholism and other drug abuse
and 
        dependency.


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


        (5) From monies appropriated to the Department from the 
    Drunk and Drugged
Driving Prevention Fund, make grants to 
    reimburse DUI evaluation and remedial
education programs 
    licensed by the Department for the costs of providing

    indigent persons with free or reduced-cost services 
    relating to a charge of
driving under the influence of 
    alcohol or other drugs.  


        (6) Promulgate regulations to provide appropriate 
    standards for publicly
and privately funded programs as 
    well as for levels of payment to government
funded programs 
    which provide an array of services for prevention,

    intervention, treatment and rehabilitation for alcoholism 
    and other drug abuse
or dependency.


        (7) In consultation with local service providers, 
    specify a uniform
statistical methodology for use by 
    agencies, organizations, individuals and the
Department 
    for collection and dissemination of statistical 
    information
regarding services related to alcoholism and 
    other drug use and abuse. This
shall include prevention 
    services delivered, the number of persons treated,

    frequency of admission and readmission, and duration of 
    treatment.


        (8) Receive data and assistance from federal, State and 
    local governmental
agencies, and obtain copies of 
    identification and arrest data from all federal,
State and 
    local law enforcement agencies for use in carrying out the 
    purposes
and functions of the Department.


        (9) Designate and license providers to conduct 
    screening, assessment,
referral and tracking of clients 
    identified by the criminal justice system as
having 
    indications of alcoholism or other drug abuse or dependency 
    and being
eligible to make an election for treatment under 
    Section 40-5 of this Act, and
assist in the placement of 
    individuals who are under court order to participate
in 
    treatment.


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


        (11) Encourage service providers who receive financial 
    assistance in any
form from the State to assess and collect 
    fees for services rendered.


        (12) Make grants with funds appropriated from the Drug 
    Treatment Fund in
accordance with Section 7 of the 
    Controlled Substance and Cannabis Nuisance
Act, or in 
    accordance with Section 80 of the Methamphetamine Control 
    and Community Protection Act, or in accordance with 
    subsections (h) and (i) of Section 411.2 of the
Illinois 
    Controlled Substances Act. 


        (13) Encourage all health and disability insurance 
    programs to include
alcoholism and other drug abuse and 
    dependency as a covered illness.


        (14) Make such agreements, grants-in-aid and 
    purchase-care arrangements
with any other department, 
    authority or commission of this State, or any other
state 
    or the federal government or with any public or private 
    agency, including
the disbursement of funds and furnishing 
    of staff, to effectuate the purposes
of this Act.


        (15) Conduct a public information campaign to inform 
    the State's
Hispanic residents regarding the prevention 
    and treatment of alcoholism.

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


        (1) Require all programs funded by the Department to 
    include an education
component to inform participants 
    regarding the causes and means of transmission
and methods 
    of reducing the risk of acquiring or transmitting HIV 
    infection,
and to include funding for such education 
    component in its support of the
program.


        (2) Review all State agency applications for federal 
    funds which include
provisions relating to the prevention, 
    early intervention and treatment of
alcoholism and other 
    drug abuse and dependency in order to ensure consistency

    with the comprehensive statewide plan developed pursuant 
    to this Act.


        (3) Prepare, publish, evaluate, disseminate and serve 
    as a central
repository for educational materials dealing 
    with the nature and effects of
alcoholism and other drug 
    abuse and dependency.  Such materials may deal with
the 
    educational needs of the citizens of Illinois, and may 
    include at least
pamphlets which describe the causes and 
    effects of fetal alcohol syndrome,
which the Department may 
    distribute free of charge to each county clerk in

    sufficient quantities that the county clerk may provide a 
    pamphlet to the
recipients of all marriage licenses issued 
    in the county.


        (4) Develop and coordinate, with regional and local 
    agencies, education
and training programs for persons 
    engaged in providing the array of services
for persons 
    having alcoholism or other drug abuse and dependency 
    problems,
which programs may include specific HIV 
    education and training for program
personnel.


        (5) Cooperate with and assist in the development of 
    education, prevention
and treatment programs for employees 
    of State and local governments and
businesses in the State.


        (6) Utilize the support and assistance of interested 
    persons in the
community, including recovering addicts and 
    alcoholics, to assist individuals
and communities in 
    understanding the dynamics of addiction, and to encourage

    individuals with alcohol or other drug abuse or dependency 
    problems to
voluntarily undergo treatment.


        (7) Promote, conduct, assist or sponsor basic 
    clinical, epidemiological
and statistical research into 
    alcoholism and other drug abuse and dependency,
and 
    research into the prevention of those problems either 
    solely or in
conjunction with any public or private agency.


        (8) Cooperate with public and private agencies, 
    organizations and
individuals in the development of 
    programs, and to provide technical assistance
and 
    consultation services for this purpose.


        (9) Publish or provide for the publishing of a manual 
    to assist medical
and social service providers in 
    identifying alcoholism and other drug abuse and
dependency 
    and coordinating the multidisciplinary delivery of 
    services to
addicted pregnant women, addicted mothers and 
    their children.  The manual may
be used only to provide 
    information and may not be used by the Department to

    establish practice standards.  The Department may not 
    require recipients to use
specific providers nor may they 
    require providers to refer recipients to
specific 
    providers. The manual may include, but need not be limited 
    to, the
following:


            (A) Information concerning risk assessments of 
        women seeking prenatal,
natal, and postnatal medical 
        care.


            (B) Information concerning risk assessments of 
        infants who may be
substance-affected.


            (C) Protocols that have been adopted by the 
        Illinois Department of
Children and Family Services 
        for the reporting and investigation of allegations
of 
        child abuse or neglect under the Abused and Neglected 
        Child Reporting Act.


            (D) Summary of procedures utilized in juvenile 
        court in cases of
children alleged or found to be 
        abused or neglected as a result of being born
to 
        addicted women.


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


            (F) Effects of substance abuse on infants and 
        guidelines on the
symptoms, care, and comfort of 
        drug-withdrawing infants.


            (G) Responsibilities of the Illinois Department of 
        Public Health to
maintain statistics on the number of 
        children in Illinois addicted at birth.


        (10) To the extent permitted by federal law or 
    regulation, establish and
maintain a clearinghouse and 
    central repository for the development and
maintenance of a 
    centralized data collection and dissemination system and a

    management information system for all alcoholism and other 
    drug abuse
prevention, early intervention and treatment 
    services.


        (11) Fund, promote or assist programs, services, 
    demonstrations or
research dealing with addictive or 
    habituating behaviors detrimental to the
health of 
    Illinois citizens.


        (12) With monies appropriated from the Group Home Loan 
    Revolving Fund,
make loans, directly or through 
    subcontract, to assist in underwriting the
costs of housing 
    in which individuals recovering from alcohol or other drug

    abuse or dependency may reside in groups of not less than 6 
    persons, pursuant
to Section 50-40 of this Act.


        (13) Promulgate such regulations as may be necessary 
    for the
administration of grants or to otherwise carry out 
    the purposes and enforce the
provisions of this Act.


        (14) Fund programs to help parents be effective in 
    preventing
substance abuse by building an awareness of 
    drugs and alcohol and the family's
role in preventing abuse 
    through adjusting expectations, developing new skills,
and 
    setting positive family goals.  The programs shall include, 
    but not be
limited to, the following subjects: healthy 
    family communication; establishing
rules and limits; how 
    to reduce family conflict; how to build self-esteem,

    competency, and responsibility in children; how to improve 
    motivation and
achievement; effective discipline; problem 
    solving techniques; and how to talk
about drugs and 
    alcohol.  The programs shall be open to all parents.

(Source: P.A. 94-556, eff. 9-11-05; 95-331, eff. 8-21-07.)

 
    (20 ILCS 301/20-30 new)
    Sec. 20-30. Opioid prevention and abuse; public awareness 
website. The Department shall create and maintain a website to 
educate the public on heroin and prescription opioid abuse. At 
a minimum, the website shall include:
        (1) information on the warning signs of heroin and 
    prescription opioid addiction; 
        (2) helpful hints for parents on how to discuss the 
    dangers of heroin and prescription opioid addiction with 
    their children; 
        (3) information on available treatment options and 
    services; 
        (4) a listing of the toll-free number established by 
    the Department to provide information and referral 
    services for persons with questions concerning substance 
    abuse and treatment; and 
        (5) links to flyers and resources for download. 
    The Department shall adopt any rules necessary to implement 
the provisions of this Section.