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Public Act 102-1039
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| HB4556 Enrolled | LRB102 23790 CPF 33826 b |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Overdose Prevention and Harm Reduction Act |
is amended by changing Section 5 and by adding Section 10 as |
follows:
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(410 ILCS 710/5)
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Sec. 5. Needle and hypodermic syringe access program. |
(a) Any governmental or nongovernmental organization, |
including a local health department, community-based |
organization, or a person or entity, that promotes |
scientifically proven ways of mitigating health risks |
associated with drug use and other high-risk behaviors may |
establish and operate a needle and hypodermic syringe access |
program. The objective of the program shall be accomplishing |
all of the following: |
(1) reducing the spread of HIV, AIDS, viral hepatitis, |
and other bloodborne diseases; |
(2) reducing the potential for needle stick injuries |
from discarded contaminated equipment; and |
(3) facilitating connections or linkages to |
evidence-based treatment.
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(b) Programs established under this Act shall provide all |
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of the following: |
(1) Disposal of used needles and hypodermic syringes. |
(2) Needles, hypodermic syringes, and other safer drug |
consumption supplies, at no cost and in quantities |
sufficient to ensure that needles, hypodermic syringes, or |
other supplies are not shared or reused. |
(3) Educational materials or training on: |
(A) overdose prevention and intervention; and |
(B) the prevention of HIV, AIDS, viral hepatitis, |
and other common bloodborne diseases resulting from |
shared drug consumption equipment and supplies. |
(4) Access to opioid antagonists approved for the |
reversal of an opioid overdose, or referrals to programs |
that provide access to opioid antagonists approved for the |
reversal of an opioid overdose.
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(5) Linkages to needed services, including mental |
health treatment, housing programs, substance use disorder |
treatment, and other relevant community services. |
(6) Individual consultations from a trained employee |
tailored to individual needs. |
(7) If feasible, a hygienic, separate space for |
individuals who need to administer a prescribed injectable |
medication that can also be used as a quiet space to gather |
composure in the event of an adverse on-site incident, |
such as a nonfatal overdose. |
(8) If feasible, access to on-site drug adulterant |
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testing supplies such as reagents, test strips, or |
quantification instruments that provide critical real-time |
information on the composition of substances obtained for |
consumption. |
(c) Notwithstanding any provision of the Illinois |
Controlled Substances Act, the Drug Paraphernalia Control Act, |
or any other law, no employee or volunteer of or participant in |
a program established under this Act shall be charged with or |
prosecuted for possession of any of the following: |
(1) Needles, hypodermic syringes, or other drug |
consumption paraphernalia obtained from or returned, |
directly or indirectly, to a program established under |
this Act. |
(2) Residual amounts of a controlled substance |
contained in used needles, used hypodermic syringes, or |
other used drug consumption paraphernalia obtained from or |
returned, directly or indirectly, to a program established |
under this Act. |
(3) Drug adulterant testing supplies such as reagents, |
test strips, or quantification instruments obtained from |
or returned, directly or indirectly, to a program |
established under this Act or a pharmacy, hospital, |
clinic, or other health care facility or medical office |
dispensing drug adulterant testing supplies in accordance |
with Section 10. This paragraph also applies to any |
employee or customer of a pharmacy, hospital, clinic, or |
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other health care facility or medical office dispensing |
drug adulterant testing supplies in accordance with |
Section 10. |
(4) Any residual amounts of controlled substances used |
in the course of testing the controlled substance to |
determine the chemical composition and potential threat of |
the substances obtained for consumption that are obtained |
from or returned, directly or indirectly, to a program |
established under this Act.
This paragraph also applies to |
any person using drug adulterant testing supplies procured |
in accordance with Section 10 of this Act. |
In addition to any other applicable immunity or limitation |
on civil liability, a law enforcement officer who, acting on |
good faith, arrests or charges a person who is thereafter |
determined to be entitled to immunity from prosecution under |
this subsection (c) shall not be subject to civil liability |
for the arrest or filing of charges. |
(d) Prior to the commencing of operations of a program |
established under this Act, the governmental or |
nongovernmental organization shall submit to the Illinois |
Department of Public Health all of the following information: |
(1) the name of the organization, agency, group, |
person, or entity operating the program; |
(2) the areas and populations to be served by the |
program; and |
(3) the methods by which the program will meet the |
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requirements of subsection (b) of this Section. |
The Department of Public Health may adopt rules to |
implement this subsection.
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(Source: P.A. 101-356, eff. 8-9-19.)
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(410 ILCS 710/10 new) |
Sec. 10. Dispensing of drug adulterant testing supplies. A |
pharmacist, physician, advanced practice registered nurse, or |
physician assistant, or the pharmacist's, physician's, |
advanced practice registered nurse's, or physician assistant's |
designee, may dispense drug adulterant testing supplies to any |
person. Any drug adulterant testing supplies dispensed under |
this Section must be stored at a licensed pharmacy, hospital, |
clinic, or other health care facility or at the medical office |
of a physician, advanced practice registered nurse, or |
physician assistant and in a manner that limits access to the |
drug adulterant testing supplies to pharmacists, physicians, |
advanced practice registered nurses, or physician assistants |
employed at the pharmacy, hospital, clinic, or other health |
care facility or medical office and any persons designated by |
the pharmacist, physician, advanced practice registered nurse, |
or physician assistant. Drug adulterant testing supplies |
dispensed at a retail store containing a pharmacy under this |
Section may be dispensed only from the pharmacy department of |
the retail store. No quantity of drug adulterant testing |
supplies greater than necessary to conduct 5 assays of |