2023 Illinois Compiled Statutes › Chapter 20 - EXECUTIVE BRANCH › 20 ILCS 301/ - Substance Use Disorder Act. › 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 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.)
(20 ILCS 301/15-10)
Sec. 15-10. Licensure categories and services. 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, unless otherwise exempted under this Act. The Department shall, by
rule, provide requirements for each of the following types of licenses and categories of service:
(a) Treatment: Categories of service authorized by a     treatment license are Early Intervention, Outpatient, Intensive Outpatient/Partial Hospitalization, Subacute Residential/Inpatient, and Withdrawal Management. Medication assisted treatment that includes methadone used for an opioid use disorder can be licensed as an adjunct to any of the treatment levels of care specified in this Section.
(b) Intervention: Categories of service authorized by     an intervention license are DUI Evaluation, DUI Risk Education, Designated Program, and Recovery Homes for persons in any stage of recovery from a substance use disorder.
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 licensed location.
(Source: P.A. 100-759, eff. 1-1-19.)
(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.)