SB1402eng 103RD GENERAL ASSEMBLY

SB1402 Engrossed LRB103 25360 KTG 51705 b

AN ACT concerning public aid.

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

Section 5. The Early Mental Health and Addictions Treatment Act is amended by adding Section 15 as follows:

(305 ILCS 65/15 new)

Sec. 15. Pilot program for 8-milligram naloxone nasal spray kits.

(a) Findings. The General Assembly finds the following:

(1) In its May 2022 Statewide Semiannual Opioid Report, the Department of Public Health reported that 3,013 fatalities occurred in 2021 due to opioid overdoses.

(2) These 3,013 opioid overdose deaths in Illinois represent a 2.3% increase from 2020 and a 35.8% spike from 2019.

(3) In 2021, toxicology testing found that 2,672 or 89% of the opioid fatalities involved a synthetic opioid such as fentanyl.

(4) A 4-milligram naloxone nasal spray has been the principal tool for bystanders and emergency medical service providers to revive an individual from an overdose episode.

(5) A study published in the Harm Reduction Journal in May 2022 surveyed 125 adult residents of the United States who were administered a 4-milligram naloxone nasal spray during an opioid overdose. The study found that 78% of the adults surveyed reported using at least 2 or more doses of the 4-milligram naloxone nasal spray. While 30% of the adults surveyed reported using at least 3 or more doses of the 4-milligram naloxone nasal spray.

(6) A 2021 article published in the Harm Reduction Journal reported on a study conducted by the Johns Hopkins Bloomberg School of Public Health which surveyed 171 people living in suburban Maryland who use opioids. Sixty-one or 35.7% of the persons surveyed reported having received take-home naloxone during the 6-month period immediately prior to the start of the study. 57% of those persons reported using it to reverse an overdose. Out of that group of persons who had an overdose reversal, 79% reported needing at least 2 or more doses of the take-home naloxone.

(7) The National Library of Medicine recently published a study that analyzed emergency medical services (EMS) data collected and stored in the National Emergency Medical Services Information System database. The study examined data collected from over 10,000 EMS agencies across 47 states concerning 946,000 EMS calls that involved the administration of naloxone. The study found that naloxone multi-dosing by emergency medical service providers increased 54% over 5 years, from 18.4% to 28.4% in 2020.

(8) On April 30, 2021, the U.S. Food and Drug Administration approved a higher 8-milligram dose naloxone nasal spray product to treat opioid overdose.

(9) Thirty-three states have Naloxone Standing Orders that authorize eligible entities to have open access to the 8-milligram naloxone nasal spray. Those states are: Ohio, Kentucky, Iowa, Pennsylvania, Massachusetts, New Jersey, Virginia, Alabama, Florida, Tennessee, Colorado, Alaska, New Hampshire, Illinois, Arizona, Kansas, California, Texas, Georgia, South Carolina, North Carolina, West Virginia, Michigan, Connecticut, Oklahoma, Minnesota, Maine, Louisiana, Nevada, Idaho, Oregon, Nebraska, and Vermont.

(10) Thirteen state government agencies have purchased the 8-milligram naloxone nasal spray: Alabama, Alaska, Colorado, Florida, Idaho, Iowa, Kentucky, New Hampshire, Ohio, Pennsylvania, Tennessee, Wisconsin, and West Virginia.

(11) In November 2021, the U.S. Department of Veterans Affairs added the 8-milligram naloxone nasal spray to the VA National Formulary.

(12) 70% of Americans with private health insurance can access the 8-milligram naloxone nasal spray.

(13) 90% of Americans with Medicaid, including Medicaid recipients residing in Illinois, can access the 8-milligram naloxone nasal spray.

(14) The current cost of the 4-milligram naloxone nasal spray is $5.93 per milligram. In contrast, the 8-milligram naloxone nasal spray costs 36.7% less at $3.75 per milligram.

(b) The Department of Human Services shall implement a 2-year pilot program to provide FDA-approved 8-milligram naloxone nasal spray kits to licensed community substance use providers and public health departments in Cook County, DuPage County, Winnebago County, Sangamon County, and St. Clair County.

The Department of Human Services shall implement a data collection program to determine the number of 8-milligram naloxone nasal spray kits administered by emergency medical service providers and bystanders per overdose incident during the 2-year term of the pilot program. The data collected must also include the number of individuals who survived as a result of the 8-milligram naloxone nasal spray intervention and those who became deceased. The data collected must also include the number of opioid overdose reversals attributed to the administration of the 8-milligram naloxone nasal spray intervention, by county.

The Department of Human Services shall prepare a report on the results of the 2-year pilot program and submit the report to the General Assembly by July 1, 2026.

Section 99. Effective date. This Act takes effect January 1, 2024.