Rep. Kelly M. Cassidy
Filed: 3/13/2015
 
 

 

 

 
09900HB3321ham001LRB099 00141 KTG 32618 a



1
AMENDMENT TO HOUSE BILL 3321 




2    AMENDMENT NO. ______. Amend House Bill 3321 by replacing 
3everything after the enacting clause with the following:


 
 
4    "Section 5. The Alcoholism and Other Drug Abuse and 
5Dependency Act is amended  by changing Section 5-23 as follows:
 
6    (20 ILCS 301/5-23)
7    Sec. 5-23. Drug Overdose Prevention Program.
8    (a) Reports of drug overdose.
9        (1) The Director of the Division of Alcoholism and 
10    Substance Abuse may publish annually a report on drug 
11    overdose trends statewide that reviews State death rates 
12    from available data to ascertain changes in the causes or 
13    rates of fatal and nonfatal drug overdose for the preceding 
14    period of not less than 5 years. The report shall also 
15    provide information on interventions that would be 
16    effective in reducing the rate of fatal or nonfatal drug 
 
 
09900HB3321ham001- 2 -LRB099 00141 KTG 32618 a

1    overdose.
2        (2) The report may include:
3            (A) Trends in drug overdose death rates.
4            (B) Trends in emergency room utilization related 
5        to drug overdose and the cost impact of emergency room 
6        utilization.
7            (C) Trends in utilization of pre-hospital and 
8        emergency services and the cost impact of emergency 
9        services utilization.
10            (D) Suggested improvements in data collection.
11            (E) A description of other interventions effective 
12        in reducing the rate of fatal or nonfatal drug 
13        overdose.
14    (b) Programs; drug overdose prevention.
15        (1) The Director may establish a program to provide for 
16    the production and publication, in electronic and other 
17    formats, of drug overdose prevention, recognition, and 
18    response literature. The  Director may develop and 
19    disseminate curricula for use by professionals, 
20    organizations, individuals, or committees interested in 
21    the prevention of fatal and nonfatal drug overdose, 
22    including, but not limited to, drug users, jail and prison 
23    personnel, jail and prison inmates, drug treatment 
24    professionals, emergency medical personnel, hospital 
25    staff, families and associates of drug users, peace 
26    officers, firefighters, public safety officers, needle 
 
 
09900HB3321ham001- 3 -LRB099 00141 KTG 32618 a

1    exchange program staff, and other persons. In addition to 
2    information regarding drug overdose prevention, 
3    recognition, and response, literature produced by the 
4    Department shall stress that drug use remains illegal and 
5    highly dangerous and that complete abstinence from illegal 
6    drug use is the healthiest choice. The literature shall 
7    provide information and resources for substance abuse 
8    treatment.
9        The Director may establish or authorize programs for 
10    prescribing, dispensing, or distributing naloxone 
11    hydrochloride or any other similarly acting and equally 
12    safe drug approved by the U.S. Food and Drug Administration 
13    for the treatment of drug overdose. Such programs may 
14    include the prescribing of naloxone hydrochloride or any 
15    other similarly acting and equally safe drug approved by 
16    the U.S. Food and Drug Administration for the treatment of 
17    drug overdose to and education about administration by 
18    individuals who are not personally at risk of opioid 
19    overdose.
20        (2) The Director may provide advice to State and local 
21    officials on the growing drug overdose crisis, including 
22    the prevalence of drug overdose incidents, trends in drug 
23    overdose incidents, and solutions to the drug overdose 
24    crisis.
25    (c) Grants.
26        (1) The Director may award grants, in accordance with 
 
 
09900HB3321ham001- 4 -LRB099 00141 KTG 32618 a

1    this subsection, to create or support local drug overdose 
2    prevention, recognition, and response projects. Local 
3    health departments, correctional institutions, hospitals, 
4    universities, community-based organizations, and 
5    faith-based organizations may apply to the Department for a 
6    grant under this subsection at the time and in the manner 
7    the Director prescribes.
8        (2) In awarding grants, the Director shall consider the 
9    necessity for overdose prevention projects in various 
10    settings and shall encourage all grant applicants to 
11    develop interventions that will be effective and viable in 
12    their local areas.
13        (3) The Director shall give preference for grants to 
14    proposals that, in addition to providing life-saving 
15    interventions and responses, provide information to drug 
16    users on how to access drug treatment or other strategies 
17    for abstaining from illegal drugs. The Director shall give 
18    preference to proposals that include one or more of the 
19    following elements:
20            (A) Policies and projects to encourage persons, 
21        including drug users, to call 911 when they witness a 
22        potentially fatal drug overdose.
23            (B) Drug overdose prevention, recognition, and 
24        response education projects in drug treatment centers, 
25        outreach programs, and other organizations that work 
26        with, or have access to, drug users and their families 
 
 
09900HB3321ham001- 5 -LRB099 00141 KTG 32618 a

1        and communities.
2            (C) Drug overdose recognition and response 
3        training, including rescue breathing, in drug 
4        treatment centers and for other organizations that 
5        work with, or have access to, drug users and their 
6        families and communities.
7            (D) The production and distribution of targeted or 
8        mass media materials on drug overdose prevention and 
9        response.
10            (E) Prescription and distribution of naloxone 
11        hydrochloride or any other similarly acting and 
12        equally safe drug approved by the U.S. Food and Drug 
13        Administration for the treatment of drug overdose.
14            (F) The institution of education and training 
15        projects on drug overdose response and treatment for 
16        emergency services and law enforcement personnel.
17            (G) A system of parent, family, and survivor 
18        education and mutual support groups.
19        (4) In addition to moneys appropriated by the General 
20    Assembly, the Director may seek grants from private 
21    foundations, the federal government, and other sources to 
22    fund the grants under this Section and to fund an 
23    evaluation of the programs supported by the grants.
24    (d) Health care professional prescription of drug overdose 
25treatment medication. 
26        (1) A health care professional who, acting in good 
 
 
09900HB3321ham001- 6 -LRB099 00141 KTG 32618 a

1    faith, directly or by standing order, prescribes or  
2    dispenses an opioid antidote to a patient who, in the 
3    judgment of the health care professional, is capable of 
4    administering the drug in an emergency, shall not, as a 
5    result of his or her acts or omissions, be subject to 
6    disciplinary or other adverse action under the Medical 
7    Practice Act of 1987, the Physician Assistant Practice Act 
8    of 1987, the Nurse Practice Act, the Pharmacy Practice Act, 
9    or any other professional licensing statute.
10        (2) A person who is not otherwise licensed to 
11    administer an opioid antidote may in an emergency 
12    administer without fee an opioid antidote if the person has 
13    received the patient information specified in paragraph 
14    (4) of this subsection and believes in good faith that 
15    another person is experiencing a drug overdose. The person 
16    shall not, as a result of his or her acts or omissions, be 
17    liable for civil damages, except for willful or wanton 
18    misconduct, and shall not, as a result of his or her acts 
19    or omissions, be liable for any violation of the Medical 
20    Practice Act of 1987, the Physician Assistant Practice Act 
21    of 1987, the Nurse Practice Act, the Pharmacy Practice Act, 
22    or any other professional licensing statute, or subject to 
23    any criminal prosecution arising from or related to the 
24    unauthorized practice of medicine or the possession of an 
25    opioid antidote.
26        (3) A health care professional prescribing an opioid 
 
 
09900HB3321ham001- 7 -LRB099 00141 KTG 32618 a

1    antidote to a patient shall ensure that the patient 
2    receives the patient information specified in paragraph 
3    (4) of this subsection.  Patient information may be provided 
4    by the health care professional or a community-based 
5    organization, substance abuse program, or other 
6    organization with which the health care professional 
7    establishes a written agreement that includes a 
8    description of how the organization will provide patient 
9    information, how employees or volunteers providing 
10    information will be trained, and standards for documenting 
11    the provision of patient information to patients.  
12    Provision of patient information shall be documented in the 
13    patient's medical record or through similar means as 
14    determined by agreement between the health care 
15    professional and the organization.  The Director of the 
16    Division of Alcoholism and Substance Abuse, in 
17    consultation with statewide organizations representing 
18    physicians, advanced practice nurses, physician 
19    assistants, substance abuse programs, and other interested 
20    groups, shall develop and disseminate to health care 
21    professionals, community-based organizations, substance 
22    abuse programs, and other organizations training materials 
23    in video, electronic, or other formats to facilitate the 
24    provision of such patient information. 
25        (4) For the purposes of this subsection:
26        "Opioid antidote" means naloxone hydrochloride or any 
 
 
09900HB3321ham001- 8 -LRB099 00141 KTG 32618 a

1    other similarly acting and equally safe drug approved by 
2    the U.S. Food and Drug Administration for the treatment of 
3    drug overdose.
4        "Health care professional" means a physician licensed 
5    to practice medicine in all its branches, a physician 
6    assistant who has been delegated the prescription or 
7    dispensation of an opioid antidote by his or her 
8    supervising physician, an advanced practice registered 
9    nurse who has a written collaborative agreement with a 
10    collaborating physician that authorizes the prescription 
11    or dispensation of an opioid antidote, or an advanced 
12    practice nurse who practices in a hospital or ambulatory 
13    surgical treatment center and possesses appropriate 
14    clinical privileges in accordance with the Nurse Practice 
15    Act. 
16        "Patient" includes a person who is not at risk of 
17    opioid overdose but who, in the judgment of the physician, 
18    may be in a position to assist another individual during an 
19    overdose and who has received patient information as 
20    required in paragraph (2) of this subsection on the 
21    indications for and administration of an opioid antidote.
22        "Patient information" includes information provided to 
23    the patient on drug overdose prevention and recognition; 
24    how to perform rescue breathing and resuscitation; opioid 
25    antidote dosage and administration; the importance of 
26    calling 911; care for the overdose victim after 
 
 
09900HB3321ham001- 9 -LRB099 00141 KTG 32618 a

1    administration of the overdose antidote; and other issues 
2    as necessary. 

3(Source: P.A. 96-361, eff. 1-1-10.)
 
 
4    Section 99. Effective date. This Act takes effect upon 
5becoming law.".