HB2929ham004 104TH GENERAL ASSEMBLY

Rep. La Shawn K. Ford

Filed: 3/18/2026

10400HB2929ham004 LRB104 12092 KTG 33794 a

AMENDMENT TO HOUSE BILL 2929

AMENDMENT NO. ______. Amend House Bill 2929, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Substance Use Disorder Act is amended by adding Section 5-26 as follows:

(20 ILCS 301/5-26 new)

Sec. 5-26. Pilot overdose prevention site.

(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.

"Overdose prevention site" or "OPS" means a hygienic location where individuals may safely consume pre-obtained substances.

"Participant" means an individual who uses services provided at an overdose prevention site established in accordance with this Section.

(c) There is hereby established an advisory committee to advise the Department with respect to the rules necessary to effectuate the purposes of this Section. The advisory committee shall be chaired by the Secretary of the Department, or the Secretary's designee, and shall consist of 9 additional members as follows:

(1) one member from the Illinois Opioid Remediation Advisory Board, appointed by majority vote of that Board;

(2) one member representing a Chicago-based medical society or association, appointed by the Department;

(3) one member representing a Chicago-based nonprofit organization that provides addiction recovery services, appointed by the Department;

(4) one member representing a statewide organization that has expertise in addiction medicine, appointed by the Department; and

(5) 5 members appointed by the Governor as follows:

(A) one member with a substance use disorder;

(B) one member who works in overdose prevention;

(C) one member who is a current or former law enforcement official;

(D) one member who is a representative of an association representing local governments; and

(E) one member who has experienced a drug overdose or has a family member who died from a drug overdose.

(d) The Department, in consultation with the advisory committee, shall create an education program or designate a nonprofit entity to administer an education program to run concurrently with rulemaking. The education program shall be made available to community stakeholders about overdose prevention sites and the evidence regarding the benefits of overdose prevention sites. The education program shall be made available to local communities and public and private entities, including, but not limited to, public safety organizations, city and county representatives, social service groups, school districts, faith communities, and businesses. Such education shall include an opportunity to provide input on preferred OPS locations and ways in which local law enforcement and other entities can respond to potential issues related to the establishment and maintenance of the pilot OPS.

(e) The Department, in consultation with the advisory committee, shall adopt rules to authorize the establishment and maintenance of a pilot OPS that shall operate one site in a municipality with a population greater than 2,000,000. The first set of proposed rules must be complete and submitted for consideration within 6 months after the effective date of this amendatory Act of the 104th General Assembly. The rules must include all of the following:

(1) Standards of operation at or above the minimum standards as outlined in this subsection and in subsections (f) and (g).

(2) Location for the pilot OPS that conforms with the requirements under subsection (i). The exact location shall be sufficiently identified by address, parcel number, coordinates, or other clear identifying information.

(3) Methods of data collection and community outreach that conform with the requirements under subsection (j).

(4) Any other rules necessary for the proper administration of this Section.

(f) The pilot OPS shall:

(1) provide a hygienic space where participants may consume their 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 overdoses;

(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 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 that address social determinants of health, including Housing First programs;

(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. Trainings shall be conducted and partnered with established harm reduction professionals.

(g) The pilot OPS shall have the following principles published in training materials and on display at the OPS location:

(1) Nothing About Us Without Us: This facility requires transparency, community involvement, and direct input by people who use substances.

(2) Equity: This facility provides equal support, services, and resources to all participants and ensures accessibility to the greatest extent possible.

(3) Harm Reduction: This facility prioritizes individual dignity and autonomy in decision-making while encouraging people to reduce high-risk behaviors.

(4) This facility affirms the humanity and dignity of people who use substances and shall be operated in a way that is safe, clean, inclusive, and welcoming to reduce stigma and build trust.

(5) This facility prioritizes relationship-building and trust among staff and participants in order to create safe spaces and provide increased opportunities to connect with additional services that promote health and well-being.

(h) Staff at the pilot OPS must include necessary professionals as well as members of the community who have experienced a drug addiction or drug overdose or have lost a family member to a drug overdose. The Department may not prohibit persons with criminal records from frontline, management, or executive positions within entities that operate the pilot OPS based solely on the existence of the criminal record.

(i) Location. The Department shall determine at least 3 optional locations within a municipality with a population greater than 2,000,000 for the pilot OPS. Location priority shall be given to communities that have the highest number of fatal and nonfatal overdoses as determined by the Department and specifically target high-risk and socially marginalized drug users. All proposed optional locations must have municipal approval, and a final administrative decision for the operation of no more than one facility shall be approved by rule before the pilot OPS can begin operations.

(j) The Department shall establish a mechanism to collect research and data regarding overdose prevention sites and prepare a report for the General Assembly within 12 months after the starting operation date of the pilot OPS. The Department may identify collaborators across other Departments and State universities to assist in data collection and analysis. The report shall contain information on:

(1) The current research on the effectiveness of an OPS as an overdose prevention strategy.

(2) OPS best practices for staffing, placement, and activities.

(3) The benefits and challenges of different OPS models, structures, and settings.

(k) Limited immunity provided. Notwithstanding any provision of the Illinois Controlled Substances Act, the Drug Paraphernalia Control Act, the Methamphetamine Control and Community Protection Act, or any other provision of law prohibiting the possession of controlled substances, methamphetamine, or drug paraphernalia, persons shall not be arrested, charged, or prosecuted for any criminal offense or violation of parole, mandatory supervised release, probation, or conditional discharge, 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 the person's presence or activities related to the creation, maintenance, or use of the pilot OPS.

(l) Reporting. The entity or entities operating the pilot OPS 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 participants directly and formally referred to other services, the types of services, the number of participants who successfully engage in those services, and, when possible, outcomes of substance use treatment and recovery services.

In compiling the report required under this subsection, the entity or entities operating the pilot OPS shall exclude all personally identifiable information and adhere to all federal regulations concerning the confidentiality of substance use disorder patient records under Part 2, Subchapter A, Chapter 1, Title 42 of the Code of Federal Regulations as that Part existed on December 20, 2024.

(m) No later than 4 years after the beginning date of operation of the pilot OPS, the Department shall submit a report and recommendations to the General Assembly.

(n) This Section is repealed 5 years after the beginning date of operation of the pilot OPS.

Section 99. Effective date. This Act takes effect upon becoming law.".