20 ILCS 301/30-5
2021 Illinois Compiled Statutes|Chapter 20 - EXECUTIVE BRANCH|20 ILCS 301/ - Substance Use Disorder Act.|Article 30 - Patients' Rights

(20 ILCS 301/30-5)Sec. 30-5. Patients' rights established.(a) For purposes of this Section, "patient" means any person who is  receiving or has received early intervention, treatment, or other recovery support services under  this Act or any category of service licensed as "intervention" under this Act.(b) No patient shall be deprived of any rights, benefits,  or privileges guaranteed by law, the Constitution of the United States of  America, or the Constitution of the State of Illinois solely because of his  or her status as a patient.(c) Persons who have substance use disorders who are  also suffering from medical conditions shall not be discriminated against in  admission or treatment by any hospital that receives support in any form supported in whole or in part by funds appropriated to any State  department or agency.(d) Every patient shall have impartial access to services without regard to  race, religion, sex, ethnicity, age, sexual orientation, gender identity, marital status, or other disability.(e) Patients shall be permitted the free exercise of religion.(f) Every patient's personal dignity shall be recognized in the provision  of services, and a patient's personal privacy shall be assured and protected  within the constraints of his or her individual  treatment.(g) Treatment services shall be provided in the least restrictive  environment possible.(h) Each patient receiving treatment services shall be provided an individual treatment plan, which  shall be periodically reviewed and updated as mandated by administrative rule.(i) Treatment shall be person-centered, meaning that every patient shall be permitted to participate in the planning of his  or her total care and medical treatment to the extent that his or her condition permits.(j) A person shall not be denied treatment solely because he or she has withdrawn  from treatment against medical advice on a prior occasion or had prior treatment episodes.(k) The patient in residential treatment shall be permitted visits by family and  significant others, unless such visits are clinically contraindicated.(l) A patient in residential treatment shall be allowed to conduct private telephone  conversations with family and friends unless clinically contraindicated.(m) A patient in residential treatment shall be permitted to send and receive mail without  hindrance, unless clinically contraindicated.(n) A patient shall be permitted to manage his or her own financial affairs unless  the patient or the patient's guardian, or if the patient is a minor, the patient's parent, authorizes  another competent person to do so.(o) A patient shall be permitted to request the opinion of a consultant at  his or her own expense, or to request an in-house review of a treatment plan, as  provided in the specific procedures of the provider.  A treatment provider is  not liable for the negligence of any consultant.(p) Unless otherwise prohibited by State or federal law, every patient  shall be permitted to obtain from his or her own physician, the treatment provider, or  the treatment provider's consulting physician complete and current information  concerning the nature of care, procedures, and treatment that he or she will receive.(q) A patient shall be permitted to refuse to participate in any  experimental research or medical procedure without compromising his or her access to  other, non-experimental services.  Before a patient is placed in an  experimental research or medical procedure, the provider must first obtain his  or her informed written consent or otherwise comply with the federal requirements  regarding the protection of human subjects contained in 45 C.F.R.  Part 46.(r) All medical treatment and procedures shall be administered as ordered  by a physician and in accordance with all Department rules.(s) Every patient in treatment shall be permitted to refuse medical treatment and to  know the consequences of such action.  Such refusal by a patient shall free the  treatment licensee from the obligation to provide the treatment.(t) Unless otherwise prohibited by State or federal law, every patient,  patient's guardian, or parent, if the patient is a minor, shall be permitted to  inspect and copy all clinical and other records kept by the intervention or treatment licensee   or by his or her physician concerning his or her care and maintenance.  The licensee   or physician may charge a reasonable fee for the duplication of a record.(u) No owner, licensee, administrator, employee, or agent of a licensed intervention or treatment  program shall abuse or neglect a patient.  It is the duty of any individual who becomes aware of such abuse or neglect to report it to  the Department immediately.(v) The licensee may refuse access to any  person if the actions of that person are or could be  injurious to the health and safety of a patient or the licensee, or if the  person seeks access for commercial purposes.(w) All patients admitted to community-based treatment facilities shall be considered voluntary treatment patients and such patients shall not be contained within a locked setting.(x) Patients and their families or legal guardians shall have the right to  present complaints to the provider or the Department concerning the quality of care provided to the patient,  without threat of discharge or reprisal in any form or manner whatsoever.  The complaint process and procedure shall be adopted by the Department by rule. The  treatment provider shall have in place a mechanism for receiving and responding  to such complaints, and shall inform the patient and the patient's family or legal  guardian of this mechanism and how to use it.  The provider shall analyze any  complaint received and, when indicated, take appropriate corrective action.  Every patient and his or her family member or legal guardian who makes a complaint  shall receive a timely response from the provider that substantively addresses  the complaint.  The provider shall inform the patient and the patient's family or legal  guardian about other sources of assistance if the provider has not resolved the  complaint to the satisfaction of the patient or the patient's family or legal guardian.(y) A patient may refuse to perform labor at a program unless such labor  is a part of the patient's individual treatment plan as documented in the patient's clinical  record.(z) A person who is in need of services may apply for voluntary admission   in the manner and with the rights provided for under  regulations promulgated by the Department.  If a person is refused admission, then staff, subject to rules  promulgated by the Department, shall refer the person to another facility or to other appropriate services.(aa) No patient shall be denied services based solely on HIV status.  Further, records and information governed by the AIDS Confidentiality Act and  the AIDS Confidentiality and Testing Code (77 Ill. Adm. Code 697) shall be  maintained in accordance therewith.(bb) Records of the identity, diagnosis, prognosis or treatment of any  patient maintained in connection with the performance of any service or  activity relating to substance use disorder education, early  intervention, intervention, training, or treatment that is  regulated, authorized, or directly or indirectly assisted by any Department or  agency of this State or under any provision of this Act shall be confidential  and may be disclosed only in accordance with the provisions of federal law and  regulations concerning the confidentiality of substance use disorder patient  records as contained in 42 U.S.C. Sections 290dd-2 and 42 C.F.R.  Part 2, or any successor federal statute or regulation.(1) The following are exempt from the confidentiality     protections set forth in 42 C.F.R. Section 2.12(c):(A) Veteran's Administration records.(B) Information obtained by the Armed Forces.(C) Information given to qualified service         organizations.(D) Communications within a program or between a         program and an entity having direct administrative control over that program.(E) Information given to law enforcement         personnel investigating a patient's commission of a crime on the program premises or against program personnel.(F) Reports under State law of incidents of         suspected child abuse and neglect; however, confidentiality restrictions continue to apply to the records and any follow-up information for disclosure and use in civil or criminal proceedings arising from the report of suspected abuse or neglect.(2) If the information is not exempt, a disclosure     can be made only under the following circumstances:(A) With patient consent as set forth in 42         C.F.R. Sections 2.1(b)(1) and 2.31, and as consistent with pertinent State law.(B) For medical emergencies as set forth in 42         C.F.R. Sections 2.1(b)(2) and 2.51.(C) For research activities as set forth in 42         C.F.R. Sections 2.1(b)(2) and 2.52.(D) For audit evaluation activities as set forth         in 42 C.F.R. Section 2.53.(E) With a court order as set forth in 42 C.F.R.         Sections 2.61 through 2.67.(3) The restrictions on disclosure and use of patient     information apply whether the holder of the information already has it, has other means of obtaining it, is a law enforcement or other official, has obtained a subpoena, or asserts any other justification for a disclosure or use that is not permitted by 42 C.F.R. Part 2.  Any court orders authorizing disclosure of patient records under this Act must comply with the procedures and criteria set forth in 42 C.F.R. Sections 2.64 and 2.65.  Except as authorized by a court order granted under this Section, no record referred to in this Section may be used to initiate or substantiate any charges against a patient or to conduct any investigation of a patient.(4) The prohibitions of this subsection shall apply     to records concerning any person who has been a patient, regardless of whether or when the person ceases to be a patient.(5) Any person who discloses the content of any     record referred to in this Section except as authorized shall, upon conviction, be guilty of a Class A misdemeanor.(6) The Department shall prescribe regulations to     carry out the purposes of this subsection.  These regulations may contain such definitions, and may provide for such safeguards and procedures, including procedures and criteria for the issuance and scope of court orders, as in the judgment of the Department are necessary or proper to effectuate the purposes of this Section, to prevent circumvention or evasion thereof, or to facilitate compliance therewith.(cc) Each patient shall be given a written explanation of all the rights  enumerated in this Section and a copy, signed by the patient, shall be kept in every patient record.  If a patient is unable to read such written  explanation, it shall be read to the patient in a language that the patient  understands.  A copy of all the rights enumerated in this Section shall be  posted in a conspicuous place within the program where it may readily be  seen and read by program patients and visitors.(dd) The program shall ensure that its staff is familiar with and observes  the rights and responsibilities enumerated in this Section.(ee) Licensed organizations shall comply with the right of any adolescent to consent to treatment without approval of the parent or legal guardian in accordance with the Consent by Minors to Medical Procedures Act.(ff) At the point of admission for services, licensed organizations must obtain written informed consent, as defined in Section 1-10 and in administrative rule, from each client, patient, or legal guardian. (Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19.)