20 ILCS 301/15-5
2021 Illinois Compiled Statutes|Chapter 20 - EXECUTIVE BRANCH|20 ILCS 301/ - Substance Use Disorder Act.|Article 15 - Licensure

Sec. 15-5. Applicability.(a) It is unlawful for any person to provide treatment for substance use disorders or to provide services as specified in  subsections (a) and (b) 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 substance use disorder   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 substance use disorders 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 Financial and Professional  Regulation to provide substance use disorder treatment unsupervised.  This exemption shall not apply  to such private professional practice that provides or holds itself out, as defined in Section 1-10, as providing substance use disorder outpatient treatment. This exemption  shall also not apply to licensable 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  provides and holds itself out, as defined in Section 1-10, as providing  substance use disorder outpatient treatment.(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. 100-759, eff. 1-1-19.)