(20 ILCS 301/5-23)
    Sec. 5-23. Drug Overdose Prevention Program.
    (a) Reports.
        (1) The Department may publish annually a report on
    
drug overdose trends statewide that reviews State death rates from available data to ascertain changes in the causes or rates of fatal and nonfatal drug overdose. The report shall also provide information on interventions that would be effective in reducing the rate of fatal or nonfatal drug overdose and on the current substance use disorder treatment capacity within the State. The report shall include an analysis of drug overdose information reported to the Department of Public Health pursuant to subsection (e) of Section 3-3013 of the Counties Code, Section 6.14g of the Hospital Licensing Act, and subsection (j) of Section 22-30 of the School Code.
        (2) The report may include:
            (A) Trends in drug overdose death rates.
            (B) Trends in emergency room utilization related
        
to drug overdose and the cost impact of emergency room utilization.
            (C) Trends in utilization of pre-hospital and
        
emergency services and the cost impact of emergency services utilization.
            (D) Suggested improvements in data collection.
            (E) A description of other interventions
        
effective in reducing the rate of fatal or nonfatal drug overdose.
            (F) A description of efforts undertaken to
        
educate the public about unused medication and about how to properly dispose of unused medication, including the number of registered collection receptacles in this State, mail-back programs, and drug take-back events.
            (G) An inventory of the State's substance use
        
disorder treatment capacity, including, but not limited to:
                (i) The number and type of licensed treatment
            
programs in each geographic area of the State.
                (ii) The availability of medication-assisted
            
treatment at each licensed program and which types of medication-assisted treatment are available.
                (iii) The number of recovery homes that
            
accept individuals using medication-assisted treatment in their recovery.
                (iv) The number of medical professionals
            
currently authorized to prescribe buprenorphine and the number of individuals who fill prescriptions for that medication at retail pharmacies as prescribed.
                (v) Any partnerships between programs
            
licensed by the Department and other providers of medication-assisted treatment.
                (vi) Any challenges in providing
            
medication-assisted treatment reported by programs licensed by the Department and any potential solutions.
    (b) Programs; drug overdose prevention.
        (1) The Department may establish a program to provide
    
for the production and publication, in electronic and other formats, of drug overdose prevention, recognition, and response literature. The Department may develop and disseminate curricula for use by professionals, organizations, individuals, or committees interested in the prevention of fatal and nonfatal drug overdose, including, but not limited to, drug users, jail and prison personnel, jail and prison inmates, drug treatment professionals, emergency medical personnel, hospital staff, families and associates of drug users, peace officers, firefighters, public safety officers, needle exchange program staff, and other persons. In addition to information regarding drug overdose prevention, recognition, and response, literature produced by the Department shall stress that drug use remains illegal and highly dangerous and that complete abstinence from illegal drug use is the healthiest choice. The literature shall provide information and resources for substance use disorder treatment.
        The Department may establish or authorize programs
    
for prescribing, dispensing, or distributing opioid antagonists for the treatment of drug overdose. Such programs may include the prescribing of opioid antagonists for the treatment of drug overdose to a person who is not at risk of opioid overdose but who, in the judgment of the health care professional, may be in a position to assist another individual during an opioid-related drug overdose and who has received basic instruction on how to administer an opioid antagonist.
        (2) The Department may provide advice to State and
    
local officials on the growing drug overdose crisis, including the prevalence of drug overdose incidents, programs promoting the disposal of unused prescription drugs, trends in drug overdose incidents, and solutions to the drug overdose crisis.
        (3) The Department may support drug overdose
    
prevention, recognition, and response projects by facilitating the acquisition of opioid antagonist medication approved for opioid overdose reversal, facilitating the acquisition of opioid antagonist medication approved for opioid overdose reversal, providing trainings in overdose prevention best practices, connecting programs to medical resources, establishing a statewide standing order for the acquisition of needed medication, establishing learning collaboratives between localities and programs, and assisting programs in navigating any regulatory requirements for establishing or expanding such programs.
        (4) In supporting best practices in drug overdose
    
prevention programming, the Department may promote the following programmatic elements:
            (A) Training individuals who currently use drugs
        
in the administration of opioid antagonists approved for the reversal of an opioid overdose.
            (B) Directly distributing opioid antagonists
        
approved for the reversal of an opioid overdose rather than providing prescriptions to be filled at a pharmacy.
            (C) Conducting street and community outreach to
        
work directly with individuals who are using drugs.
            (D) Employing community health workers or peer
        
recovery specialists who are familiar with the communities served and can provide culturally competent services.
            (E) Collaborating with other community-based
        
organizations, substance use disorder treatment centers, or other health care providers engaged in treating individuals who are using drugs.
            (F) Providing linkages for individuals to obtain
        
evidence-based substance use disorder treatment.
            (G) Engaging individuals exiting jails or prisons
        
who are at a high risk of overdose.
            (H) Providing education and training to
        
community-based organizations who work directly with individuals who are using drugs and those individuals' families and communities.
            (I) Providing education and training on drug
        
overdose prevention and response to emergency personnel and law enforcement.
            (J) Informing communities of the important role
        
emergency personnel play in responding to accidental overdose.
            (K) Producing and distributing targeted mass
        
media materials on drug overdose prevention and response, the potential dangers of leaving unused prescription drugs in the home, and the proper methods for disposing of unused prescription drugs.
    (c) Grants.
        (1) The Department may award grants, in accordance
    
with this subsection, to create or support local drug overdose prevention, recognition, and response projects. Local health departments, correctional institutions, hospitals, universities, community-based organizations, and faith-based organizations may apply to the Department for a grant under this subsection at the time and in the manner the Department prescribes.
        (2) In awarding grants, the Department shall consider
    
the necessity for overdose prevention projects in various settings and shall encourage all grant applicants to develop interventions that will be effective and viable in their local areas.
        (3) (Blank).
        (4) In addition to moneys appropriated by the General
    
Assembly, the Department may seek grants from private foundations, the federal government, and other sources to fund the grants under this Section and to fund an evaluation of the programs supported by the grants.
    (d) Health care professional prescription of opioid antagonists.
        (1) A health care professional who, acting in good
    
faith, directly or by standing order, prescribes or dispenses an opioid antagonist to: (a) a patient who, in the judgment of the health care professional, is capable of administering the drug in an emergency, or (b) a person who is not at risk of opioid overdose but who, in the judgment of the health care professional, may be in a position to assist another individual during an opioid-related drug overdose and who has received basic instruction on how to administer an opioid antagonist shall not, as a result of his or her acts or omissions, be subject to: (i) any disciplinary or other adverse action under the Medical Practice Act of 1987, the Physician Assistant Practice Act of 1987, the Nurse Practice Act, the Pharmacy Practice Act, or any other professional licensing statute or (ii) any criminal liability, except for willful and wanton misconduct.
        (2) A person who is not otherwise licensed to
    
administer an opioid antagonist may in an emergency administer without fee an opioid antagonist if the person has received the patient information specified in paragraph (4) of this subsection and believes in good faith that another person is experiencing a drug overdose. The person shall not, as a result of his or her acts or omissions, be (i) liable for any violation of the Medical Practice Act of 1987, the Physician Assistant Practice Act of 1987, the Nurse Practice Act, the Pharmacy Practice Act, or any other professional licensing statute, or (ii) subject to any criminal prosecution or civil liability, except for willful and wanton misconduct.
        (3) A health care professional prescribing an opioid
    
antagonist to a patient shall ensure that the patient receives the patient information specified in paragraph (4) of this subsection. Patient information may be provided by the health care professional or a community-based organization, substance use disorder program, or other organization with which the health care professional establishes a written agreement that includes a description of how the organization will provide patient information, how employees or volunteers providing information will be trained, and standards for documenting the provision of patient information to patients. Provision of patient information shall be documented in the patient's medical record or through similar means as determined by agreement between the health care professional and the organization. The Department, in consultation with statewide organizations representing physicians, pharmacists, advanced practice registered nurses, physician assistants, substance use disorder programs, and other interested groups, shall develop and disseminate to health care professionals, community-based organizations, substance use disorder programs, and other organizations training materials in video, electronic, or other formats to facilitate the provision of such patient information.
        (4) For the purposes of this subsection:
        "Opioid antagonist" means a drug that binds to opioid
    
receptors and blocks or inhibits the effect of opioids acting on those receptors, including, but not limited to, naloxone hydrochloride or any other similarly acting drug approved by the U.S. Food and Drug Administration.
        "Health care professional" means a physician licensed
    
to practice medicine in all its branches, a licensed physician assistant with prescriptive authority, a licensed advanced practice registered nurse with prescriptive authority, an advanced practice registered nurse or physician assistant who practices in a hospital, hospital affiliate, or ambulatory surgical treatment center and possesses appropriate clinical privileges in accordance with the Nurse Practice Act, or a pharmacist licensed to practice pharmacy under the Pharmacy Practice Act.
        "Patient" includes a person who is not at risk of
    
opioid overdose but who, in the judgment of the physician, advanced practice registered nurse, or physician assistant, may be in a position to assist another individual during an overdose and who has received patient information as required in paragraph (2) of this subsection on the indications for and administration of an opioid antagonist.
        "Patient information" includes information provided
    
to the patient on drug overdose prevention and recognition; how to perform rescue breathing and resuscitation; opioid antagonist dosage and administration; the importance of calling 911; care for the overdose victim after administration of the overdose antagonist; and other issues as necessary.
    (e) Drug overdose response policy.
        (1) Every State and local government agency that
    
employs a law enforcement officer or fireman as those terms are defined in the Line of Duty Compensation Act must possess opioid antagonists and must establish a policy to control the acquisition, storage, transportation, and administration of such opioid antagonists and to provide training in the administration of opioid antagonists. A State or local government agency that employs a fireman as defined in the Line of Duty Compensation Act but does not respond to emergency medical calls or provide medical services shall be exempt from this subsection.
        (2) Every publicly or privately owned ambulance,
    
special emergency medical services vehicle, non-transport vehicle, or ambulance assist vehicle, as described in the Emergency Medical Services (EMS) Systems Act, that responds to requests for emergency services or transports patients between hospitals in emergency situations must possess opioid antagonists.
        (3) Entities that are required under paragraphs (1)
    
and (2) to possess opioid antagonists may also apply to the Department for a grant to fund the acquisition of opioid antagonists and training programs on the administration of opioid antagonists.
(Source: P.A. 100-201, eff. 8-18-17; 100-513, eff. 1-1-18; 100-759, eff. 1-1-19; 101-356, eff. 8-9-19.)