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| Public Act 100-0494 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(20 ILCS 301/5-10)
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Sec. 5-10. Functions of the Department.
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(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:
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(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
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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.
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(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
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agencies, for the purpose of providing an array of services | ||||
for the prevention,
intervention, treatment and | ||
rehabilitation of alcoholism or other drug abuse or
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dependency. Monies received by the Department shall be | ||
deposited into
appropriate funds as may be created by State | ||
law or administrative action.
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(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).
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(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
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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
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Department may from time to time identify. In developing | ||
the plan, the
Department shall seek input from providers, | ||
parent groups, associations and
interested citizens.
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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.
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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.
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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.
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(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:
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(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.
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(B) Cooperate with and assist the Illinois | ||
Department of Public Health
in the establishment, | ||
funding and support of programs and services for the
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promotion of maternal and child health and the | ||
prevention and treatment of
infectious diseases, | ||
including but not limited to HIV infection, especially
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with respect to those persons who 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.
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(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.
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(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.
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(E) Cooperate with and assist the Illinois | ||
Department of Children and
Family Services in carrying | ||
out its mandates to:
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(i) identify alcohol and other drug abuse | ||
issues among its clients and
their families; and
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(ii) develop programs and services to deal | ||
with such problems.
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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.
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(F) Cooperate with and assist the Illinois | ||
Criminal Justice Information
Authority with respect to | ||
statistical and other information concerning drug
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abuse incidence and prevalence.
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(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
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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
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programs.
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(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.
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(I) Provide training recommendations to other | ||
State agencies funding
alcohol or other drug abuse | ||
prevention, intervention, treatment or
rehabilitation | ||
services.
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(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
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indigent persons with free or reduced-cost services | ||
relating to a charge of
driving under the influence of | ||
alcohol or other drugs.
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(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,
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intervention, treatment and rehabilitation for alcoholism | ||
and other drug abuse
or dependency.
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(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,
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frequency of admission and readmission, and duration of | ||
treatment.
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(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.
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(9) Designate and license providers to conduct | ||
screening, assessment,
referral and tracking of clients | ||
identified by the criminal justice system as
having | ||
indications of alcoholism or other drug abuse or dependency | ||
and being
eligible to make an election for treatment under | ||
Section 40-5 of this Act, and
assist in the placement of | ||
individuals who are under court order to participate
in | ||
treatment.
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(10) Designate medical examination and other programs | ||
for determining
alcoholism and other drug abuse and | ||
dependency.
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(11) Encourage service providers who receive financial | ||
assistance in any
form from the State to assess and collect | ||
fees for services rendered.
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(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.
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(13) Encourage all health and disability insurance | ||
programs to include
alcoholism and other drug abuse and | ||
dependency as a covered illness.
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(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.
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(15) Conduct a public information campaign to inform | ||
the State's
Hispanic residents regarding the prevention | ||
and treatment of alcoholism.
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(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:
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(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.
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(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
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with the comprehensive statewide plan developed pursuant | ||
to this Act.
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(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
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sufficient quantities that the county clerk may provide a | ||
pamphlet to the
recipients of all marriage licenses issued | ||
in the county.
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(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.
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(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.
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(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
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individuals with alcohol or other drug abuse or dependency | ||
problems to
voluntarily undergo treatment.
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(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.
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(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.
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(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
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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:
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(A) Information concerning risk assessments of | ||
women seeking prenatal,
natal, and postnatal medical | ||
care.
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(B) Information concerning risk assessments of | ||
infants who may be
substance-affected.
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(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.
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(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.
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(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.
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(F) Effects of substance abuse on infants and | ||
guidelines on the
symptoms, care, and comfort of | ||
drug-withdrawing infants.
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(G) Responsibilities of the Illinois Department of | ||
Public Health to
maintain statistics on the number of | ||
children in Illinois addicted at birth.
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(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
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management information system for all alcoholism and other | ||
drug abuse
prevention, early intervention and treatment | ||
services.
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(11) Fund, promote or assist programs, services, | ||
demonstrations or
research dealing with addictive or | ||
habituating behaviors detrimental to the
health of | ||
Illinois citizens.
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(12) With monies appropriated from the Group Home Loan | ||
Revolving Fund,
make loans, directly or through | ||
subcontract, to assist in underwriting the
costs of housing | ||
in which individuals recovering from alcohol or other drug
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abuse or dependency may reside in groups of not less than 6 | ||
persons, pursuant
to Section 50-40 of this Act.
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(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.
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(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,
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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.
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(Source: P.A. 94-556, eff. 9-11-05; 95-331, eff. 8-21-07.)
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(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.
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