Article 15 - Licensure
(20 ILCS 301/Art. 15 heading) ARTICLE 15. LICENSURE
(20 ILCS 301/15‑5)
Sec. 15‑5. Applicability.
(a) It is unlawful for any person to provide treatment for alcoholism and other drug abuse or dependency or to provide services as specified in subsections (c), (d), (e), and (f) of Section 15‑10 of this Act unless the person is licensed to do so by the Department. The performance of these activities by any person in violation of this Act is declared to be inimical to the public health and welfare, and to be a public nuisance. The Department may undertake such inspections and investigations as it deems appropriate to determine whether licensable activities are being conducted without the requisite license.
(b) Nothing in this Act shall be construed to require any hospital, as defined by the Hospital Licensing Act, required to have a license from the Department of Public Health pursuant to the Hospital Licensing Act to obtain any license under this Act for any alcoholism and other drug dependency treatment services operated on the licensed premises of the hospital, and operated by the hospital or its designated agent, provided that such services are covered within the scope of the Hospital Licensing Act. No person or facility required to be licensed under this Act shall be required to obtain a license pursuant to the Hospital Licensing Act or the Child Care Act of 1969.
(c) Nothing in this Act shall be construed to require an individual employee of a licensed program to be licensed under this Act.
(d) Nothing in this Act shall be construed to require any private professional practice, whether by an individual practitioner, by a partnership, or by a duly incorporated professional service corporation, that provides outpatient treatment for alcoholism and other drug abuse to be licensed under this Act, provided that the treatment is rendered personally by the professional in his own name and the professional is authorized by individual professional licensure or registration from the Department of Professional Regulation to do such treatment unsupervised. This exemption shall not apply to such private professional practice which specializes primarily or exclusively in the treatment of alcoholism and other drug abuse. This exemption shall also not apply to intervention services, research, or residential treatment services as defined in this Act or by rule.
Notwithstanding any other provisions of this subsection to the contrary, persons licensed to practice medicine in all of its branches in Illinois shall not require licensure under this Act unless their private professional practice specializes exclusively in the treatment of alcoholism and other drug abuse.
(e) Nothing in this Act shall be construed to require any employee assistance program operated by an employer or any intervenor program operated by a professional association to obtain any license pursuant to this Act to perform services that do not constitute licensable treatment or intervention as defined in this Act.
(f) Before any violation of this Act is reported by the Department or any of its agents to any State's Attorney for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the Department or its designated agent, either orally or in writing, in person or by an attorney, with regard to such contemplated proceeding. Nothing in this Act shall be construed as requiring the Department to report minor violations of this Act whenever the Department believes that the public interest would be adequately served by a suitable written notice or warning.
(Source: P.A. 88‑80; 89‑202, eff. 7‑21‑95; 89‑507, eff. 7‑1‑97.) |
(20 ILCS 301/15‑10)
Sec. 15‑10. Licensure categories. No person or program may provide the services or conduct the activities described in this Section without first obtaining a license therefor from the Department. The Department shall, by rule, provide licensure requirements for each of the following categories of service:
(a) Residential treatment for alcoholism and other
| drug dependency, sub‑acute inpatient treatment, clinically managed or medically monitored detoxification, and residential extended care (formerly halfway house). | |
(b) Outpatient treatment for alcoholism and other |
| drug abuse and dependency. | |
(c) The screening, assessment, referral or tracking |
| of clients identified by the criminal justice system as having indications of alcoholism or other drug abuse or dependency. | |
(d) D.U.I. evaluation services for Illinois courts |
| and the Secretary of State. | |
(e) D.U.I. remedial education services for Illinois |
| courts or the Secretary of State. | |
(f) Recovery home services for persons in early |
| recovery from substance abuse or for persons who have recently completed or who may still be receiving substance abuse treatment services. | |
The Department may, under procedures established by rule and upon a showing of good cause for such, exempt off‑site services from having to obtain a separate license for services conducted away from the provider's primary service location.
(Source: P.A. 94‑1033, eff. 7‑1‑07.) |
(20 ILCS 301/15‑15)
Sec. 15‑15. Licensure process.
(a) Each application for licensure under this Act shall be in writing and on forms provided by the Department. Such application shall be accompanied by the required fee, which shall be non‑refundable, and shall be signed by the applicant. In the case of corporate applicants, the application shall be signed by at least 2 officers who have been vested with the authority to act on behalf of the applicant. In the case of partnership or association applicants, the application shall be signed by all partners or associates.
(b) Upon receipt of a completed application for licensure and the appropriate fee, the Department shall issue a license if it finds that the applicant meets the requirements established by regulation for the particular license.
(Source: P.A. 88‑80; 89‑507, eff. 7‑1‑97.) |
(20 ILCS 301/15‑20)
Sec. 15‑20. Fees. The Department shall charge a reasonable fee, as determined by rule, for each licensure category at each site at which activities requiring licensure are to be conducted. No fee shall be required for off‑site services, or for services provided by a unit of government. The Department may, under procedures developed by rule, waive all or part of the licensure fee which would otherwise be due from providers funded by the Department. All license fees collected under this Act shall be deposited into the General Revenue Fund.
(Source: P.A. 88‑80.) |
(20 ILCS 301/15‑25)
Sec. 15‑25. Renewal of license. The expiration date and renewal period for each license issued under this Act shall be set by rule. The Department may establish procedures to extend the usual expiration date of a license upon a satisfactory showing of compliance with applicable standards.
(Source: P.A. 88‑80.) |
(20 ILCS 301/15‑30)
Sec. 15‑30. Transfer of ownership, management or location.
(a) Each license issued by the Department shall be valid only for the premises and persons named in the application, and shall not be transferable.
(b) Any transfer of 25% or less in the aggregate ownership interest within a one year period shall not be deemed a transfer for purposes of this Section.
(Source: P.A. 88‑80.) |
(20 ILCS 301/15‑35)
Sec. 15‑35. Cessation of operations. The Department shall promulgate regulations to establish a procedure to be followed by a licensee who ceases operations.
(Source: P.A. 88‑80.) |
(20 ILCS 301/15‑40)
Sec. 15‑40. Display of the license. Licenses shall be posted in a conspicuous place on the licensed premises.
(Source: P.A. 88‑80.) |
(20 ILCS 301/15‑45)
Sec. 15‑45. Notice. For the purposes of this Act, the notice required under Section 10‑25 of the Illinois Administrative Procedure Act is deemed sufficient when mailed to the last known address of a party.
(Source: P.A. 91‑357, eff. 7‑29‑99.) |