HB4071 101ST GENERAL ASSEMBLY

LRB101 15860 CPF 65217 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4071

Introduced 1/13/2020, by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

New Act

Creates the Safer Consumption Services Act. Provides that, notwithstanding any provision of law to the contrary, the Department of Public Health may approve an entity to operate a program in one or more jurisdictions upon satisfaction of specified requirements relating to, among other things, the safe and hygienic use of preobtained drugs. Requires the Department to establish standards for program approval and training and allows it to adopt any rules that are necessary to implement the Act. Requires the Department to approve or deny an application within 45 days after its receipt. Provides that a program approved by the Department must also be designated as an authorized needle and hypodermic syringe access program under the Overdose Prevention and Harm Reduction Act. Provides reporting requirements for entities operating programs under the Act. Provides that, except for criminal prosecution for any activities that are not conducted, permitted, and approved pursuant to the Act, specified persons related to a program shall not be subject to civil or criminal liability solely for participation or involvement in the program if it is approved by the Department under the Act.

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Safer Consumption Services Act.

Section 5. Definitions. In this Act:

"Department" means the Department of Public Health.

"Entity" means any community-based organization that provides educational, health, harm reduction, housing, or social services and any hospital, medical clinic or office, health center, nursing care facility, mental health facility, or other similar entity that provides medical care.

"Participant" means an individual who seeks to utilize, utilizes, or has used a program established under this Act.

"Program" means a safer consumption services program established under this Act.

Section 10. Program approval.

(a) Notwithstanding the Illinois Controlled Substances Act, the Drug Paraphernalia Control Act, or any other provision of law to the contrary, the Department may approve an entity to operate a program in one or more jurisdictions upon satisfaction of the requirements set forth in subsection (d). The Department shall establish standards for program approval and training and may adopt any rules that are necessary to implement this Act.

(b) The Department shall approve or deny an application to operate a program under this Act within 45 days after receipt of the application and provide a written explanation of the basis for its approval or denial.

(c) An entity may make an application to operate a program under this Act at any time, regardless of previous applications.

(d) The Department may approve an entity to operate a program under this Act upon submission of an application demonstrating that the entity shall, at a minimum:

(1) provide a hygienic space where participants may consume their preobtained drugs that is separate from the space in which the provider performs other business, if any;

(2) provide adequate staffing by health care professionals or other trained staff;

(3) provide sterile injection supplies, collect used hypodermic needles and syringes, and provide secure hypodermic needle and syringe disposal services;

(4) provide education on safe consumption practices, proper disposal of hypodermic needles and syringes, and overdose prevention, including written information in, at a minimum, the 4 most commonly spoken languages in the State as determined by the Department;

(5) administer first aid, if needed, and monitor participants for potential overdose;

(6) provide referrals to addiction treatment, medical, social welfare, and employment and training services;

(7) educate participants on the risks of contracting HIV and viral hepatitis and provide sexual health resources and supplies, including, but not limited to, male and female condoms;

(8) provide participants access to naloxone or referrals to obtain naloxone;

(9) provide reasonable and adequate security for the program site and equipment;

(10) ensure confidentiality of program participants by using an anonymous unique identifier;

(11) train staff members to deliver services offered by the program or attend training provided by the Department, if required; and

(12) establish operating procedures for the program and eligibility criteria for program participants, if not predetermined by the Department.

Section 15. Designation. A program approved by the Department under this Act must also be designated as an authorized needle and hypodermic syringe access program under the Overdose Prevention and Harm Reduction Act.

Section 20. Reporting. An entity operating a program under this Act shall provide an annual report to the Department at a date set by the Department that shall include:

(1) the number of program participants;

(2) aggregate information regarding the characteristics of program participants;

(3) the number of hypodermic needles and syringes distributed for use on-site;

(4) the number of overdoses experienced and the number of overdoses reversed on-site; and

(5) the number of individuals directly and formally referred to other services and the type of service.

Section 25. Immunity provided. Notwithstanding the Illinois Controlled Substances Act, the Drug Paraphernalia Control Act, or any other provision of law to the contrary, the following persons shall not be arrested, charged, or prosecuted for any criminal offense or be subject to any civil or administrative penalty, including seizure or forfeiture of assets or real property or disciplinary action by a professional licensing board, or be denied any right or privilege, solely for participation or involvement in a program approved by the Department under this Act:

(1) a program participant;

(2) a staff member or administrator of a program, including a health care professional, manager, employee, or volunteer; and

(3) a property owner who owns real property at which a program is located and operates.

Section 30. Limitations on immunity. Notwithstanding the provisions of Section 25, a property owner, staff member, administrator, manager, employee, volunteer, or individual utilizing or participating in a program under this Act is not immune from criminal prosecution for any activities that are not conducted, permitted, and approved under this Act.