SB0078 103RD GENERAL ASSEMBLY

LRB103 04631 KTG 49639 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0078

Introduced 1/20/2023, by Sen. Sara Feigenholtz

SYNOPSIS AS INTRODUCED:

20 ILCS 301/5-26 new
20 ILCS 301/15-10

Amends the Substance Use Disorder Act. Requires the Department of Human Services to (i) establish a new intervention license category entitled "OPS Harm Reduction Services", (ii) establish standards for entities to become licensed under the OPS Harm Reduction Services category, and (iii) create a licensing application process. Provides that, notwithstanding any other law, ordinance, or regulation, any entity licensed as an OPS Harm Reduction Services provider may operate an overdose prevention site as authorized by the Department. Requires the Department to make a determination as to whether to approve an entity's application for an OPS Harm Reduction Services license within 4 weeks after the date upon which the entity submitted its application to the Department. Requires the Department to help educate local communities and public and private entities about overdose prevention sites and the evidence regarding the benefits of overdose prevention sites. Requires entities approved to operate an overdose prevention site to, at a minimum, provide a hygienic space where participants may consume pre-obtained substances, maintain a supply of naloxone and oxygen on-site, employ staff trained to administer first aid to participants who are experiencing an overdose, provide secure hypodermic needle and syringe disposal services, encourage drug checking or the use of fentanyl test strips, and other services. Requires licensed entities to submit a report to the Department on the number of participants who have received or are receiving services at the overdose prevention site and other matters. Grants immunity from civil or criminal liability to specified persons. Preempts home rule powers.

A BILL FOR

AN ACT concerning State government.

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

Section 5. The Substance Use Disorder Act is amended by changing Section 15-10 and by adding Section 5-26 as follows:

(20 ILCS 301/5-26 new)

Sec. 5-26. OPS harm reduction services.

(a) Legislative findings. The General Assembly finds the following:

(1) Illinois is experiencing a growing overdose crisis. According to the Centers for Disease Control and Prevention, over 4,000 Illinoisans died from overdoses between January 2021 and January 2022, a 12.6% increase from the previous year. Most of those preventable deaths involved opioids.

(2) A significant reason for the increase in deaths is a poisoned drug supply, with illicit fentanyl killing people using street-bought substances. With the increasing use of potent fentanyl in the illicit substance supply in Illinois, more lives will continue to be lost.

(3) Nearly all witnessed opioid overdoses are reversible with the provision of oxygen, naloxone, and other emergency care. However, many people use drugs alone or use them with people who do not have naloxone and are not trained in overdose response.

(4) Overdose prevention sites can save lives. Overdose prevention sites provide individuals with a safe, hygienic space to consume pre-obtained drugs and access to other harm reduction, treatment, recovery, and ancillary support services.

(5) The goals of overdose prevention sites are:

(A) Saving lives by quickly providing emergency care to persons experiencing an overdose.

(B) Reducing the spread of infectious diseases, such as HIV and hepatitis.

(C) Reducing public injection of substances and discarded syringes in surrounding areas.

(D) Linking those with substance use disorders to behavioral and physical health supports.

(b) Definitions. As used in this Section:

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

"Harm reduction" refers to a philosophical framework and set of strategies designed to reduce harm and promote dignity and well-being among persons and communities who engage in substance use.

"Overdose prevention sites" means hygienic locations where individuals may safely consume pre-obtained substances.

"Participant" means an individual who seeks to utilize, utilizes, or has utilized services provided at an overdose prevention site established in accordance with this Section.

(c) Overdose prevention sites; licensure. The Department shall establish a new intervention license category entitled "OPS Harm Reduction Services" for entities seeking to operate an overdose prevention site to provide harm reduction services to persons who use controlled substances. Within 12 months after the effective date of this amendatory Act of the 103rd General Assembly, the Department shall establish standards for entities to become licensed under the OPS Harm Reduction Services category and shall create an application process for entities to apply for and obtain an OPS Harm Reduction Services license. These standards shall be informed by harm reduction principles and developed with the input of persons who use or formerly used controlled substances.

Notwithstanding any other law, ordinance, or regulation, any entity licensed as an OPS Harm Reduction Services provider may operate an overdose prevention site as authorized by the Department.

(d) The Department shall make a determination as to whether to approve an entity's application for an OPS Harm Reduction Services license within 4 weeks after the date upon which the entity submitted its application to the Department. No OPS Harm Reduction Services license shall be granted to an entity seeking to operate an overdose prevention site in a municipality with a population of less than 2,500,000 inhabitants until such entity is first licensed to operate an overdose prevention site in a municipality with a population of 2,500,000 or more inhabitants. Each initial license shall be valid for 2 years and, after the initial 2-year license period, may be renewed for a specified period as determined by the Department.

An entity may apply for an OPS Harm Reduction Services license at any time, regardless of previous applications.

The Department shall help educate local communities and public and private entities, such as public safety organizations, social service groups, school districts, faith communities, and businesses, about overdose prevention sites and the evidence regarding the benefits of overdose prevention sites.

(e) Overdose prevention site features. An entity approved to operate an overdose prevention site shall, at a minimum:

(1) provide a hygienic space where participants may consume pre-obtained substances;

(2) maintain a supply of naloxone and oxygen on-site, together with the necessary equipment to administer naloxone and oxygen;

(3) monitor participants for potential overdose;

(4) employ staff trained to administer first aid to participants who are experiencing an overdose;

(5) provide sterile injection or other substance use supplies, collect used hypodermic needles and syringes, and provide secure hypodermic needle and syringe disposal services in compliance with the Overdose Prevention and Harm Reduction Act and any applicable rules adopted by the Department of Public Health;

(6) provide safer smoking and safer snorting kits;

(7) provide naloxone;

(8) encourage drug checking or the use of fentanyl test strips;

(9) provide education on safe consumption practices, the proper disposal of hypodermic needles and syringes, and overdose prevention;

(10) provide referrals to substance use disorder and mental health treatment, medication-assisted treatment or recovery, and other services which address social determinants of health;

(11) offer a quiet and comfortable space for participants to stay safely sheltered and supervised after consuming substances; and

(12) train staff members and volunteers to deliver services offered at the overdose prevention site, and maintain an adequate staff of health care professionals or other trained staff or volunteers.

(f) Reporting. An entity operating an overdose prevention site in accordance with this Section shall, within the time frame specified by the Department, submit a report to the Department that shall include:

(1) the number of participants who have received or are receiving services at the overdose prevention site;

(2) aggregate information regarding the characteristics of those participants reported under paragraph (1);

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

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

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

(g) 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 at an overdose prevention site approved by the Department under this Act:

(1) any individual who seeks to utilize, utilizes, or has utilized services provided at an overdose prevention site established in accordance with this Section;

(2) a staff member or administrator of an overdose prevention site, including a healthcare professional, manager, employee, or volunteer; and

(3) an individual who owns real property at which an overdose prevention site is located or operates.

(h) Home rule preemption. A home rule unit may not prohibit the establishment or operation of an overdose prevention site as provided in this Section. This Section is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.

(20 ILCS 301/15-10)

Sec. 15-10. Licensure categories and services. No person, entity, 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, OPS Harm Reduction Services, 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.)