State of Illinois
2019 and 2020


Introduced 2/15/2019, by Sen. Melinda Bush


New Act
20 ILCS 301/5-23
20 ILCS 301/25-13 new

    Creates the Needle and Hypodermic Syringe Access Program Act. Provides that persons or entities that promote scientifically proven ways of mitigating health risks associated with drug use and other high-risk behaviors may establish and operate a needle and hypodermic syringe access program. Provides objectives for programs established under the Act. Includes language requiring programs to provide specified services. Provides that no employee or volunteer of or participant in a program shall be charged with or prosecuted for possession of specified substances. Provides that law enforcement officers who in good faith arrest or charge a person entitled to immunity under the Act shall not be subject to civil liability for the arrest or filing of charges. Provides that prior to commencing operations under the Act, an organization shall report specified information to the Department of Public Health. Amends the Alcoholism and Other Drug Abuse and Dependency Act. Provides that the Department of Human Service shall give preference for grants and proposals to specified drug overdose prevention programs. Provides that the Department of Human Services shall conduct an evidence-based treatment needs assessment to be submitted to the General Assembly by December 31, 2019. Effective immediately.

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SB1828LRB101 10357 CPF 55463 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the Needle
5and Hypodermic Syringe Access Program Act.
6    Section 5. Needle and hypodermic syringe access program.
7    (a) Any governmental or nongovernmental organization,
8including a local health department, community-based
9organization, or a person or entity, that promotes
10scientifically proven ways of mitigating health risks
11associated with drug use and other high-risk behaviors may
12establish and operate a needle and hypodermic syringe access
13program. The objective of the program shall be accomplishing
14all of the following:
15        (1) reducing the spread of HIV, AIDS, viral hepatitis,
16    and other bloodborne diseases;
17        (2) reducing the potential for needle stick injuries
18    from discarded contaminated equipment; and
19        (3) facilitating connections or linkages to
20    evidence-based treatment.
21    (b) Programs established under this Act shall provide all
22of the following:
23        (1) Disposal of used needles and hypodermic syringes.



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1        (2) Needles, hypodermic syringes, and other safer drug
2    consumption supplies, at no cost and in quantities
3    sufficient to ensure that needles, hypodermic syringes, or
4    other supplies are not shared or reused.
5        (3) Educational materials or training on:
6            (A) overdose prevention and intervention; and
7            (B) the prevention of HIV, AIDS, viral hepatitis,
8        and other common bloodborne diseases resulting from
9        shared drug consumption equipment and supplies.
10        (4) Access to opioid antagonists approved for the
11    reversal of an opioid overdose, or referrals to programs
12    that provide access to opioid antagonists approved for the
13    reversal of an opioid overdose.
14        (5) Linkages to needed services, including mental
15    health treatment, housing programs, substance use disorder
16    treatment, and other relevant community services.
17        (6) Individual consultations from a trained employee
18    tailored to individual needs.
19        (7) If feasible, a hygienic, separate space for
20    individuals who need to administer a prescribed injectable
21    medication, such as insulin, that can also be used as a
22    quiet space to gather composure in the event of an adverse
23    on-site incident, such as a nonfatal overdose.
24        (8) If feasible, access to on-site drug adulterant
25    testing supplies such as reagents, test strips, or
26    quantification instruments that provide critical real-time



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1    information on the composition of substances obtained for
2    consumption.
3    (c) Notwithstanding any provision of the Illinois
4Controlled Substances Act, the Drug Paraphernalia Control Act,
5or any other law, no employee or volunteer of or participant in
6a program established under this Act shall be charged with or
7prosecuted for possession of any of the following:
8        (1) Needles, hypodermic syringes, or other drug
9    consumption paraphernalia obtained from or returned,
10    directly or indirectly, to a program established under this
11    Act.
12        (2) Residual amounts of a controlled substance
13    contained in used needles, used hypodermic syringes, or
14    other used drug consumption paraphernalia obtained from or
15    returned, directly or indirectly, to a program established
16    under this Act.
17        (3) Drug adulterant testing supplies such as reagents,
18    test strips, or quantification instruments obtained from
19    or returned, directly or indirectly, to a program
20    established under this Act.
21        (4) Any residual amounts of controlled substances used
22    in the course of testing the controlled substance to
23    determine the chemical composition and potential threat of
24    the substances obtained for consumption that are obtained
25    from or returned, directly or indirectly, to a program
26    established under this Act.



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1    In addition to any other applicable immunity or limitation
2on civil liability, a law enforcement officer who, acting on
3good faith, arrests or charges a person who is thereafter
4determined to be entitled to immunity from prosecution under
5this subsection (c) shall not be subject to civil liability for
6the arrest or filing of charges.
7    (d) Prior to the commencing of operations of a program
8established under this Act, the governmental or
9nongovernmental organization shall report to the Illinois
10Department of Public Health all of the following information:
11        (1) the name of the organization, agency, group,
12    person, or entity operating the program;
13        (2) the areas and populations to be served by the
14    program; and
15        (3) the methods by which the program will meet the
16    requirements of subsection (b) of this Section.
17    Section 100. The Substance Use Disorder Act is amended by
18changing Section 5-23 and by adding Section 25-13 as follows:
19    (20 ILCS 301/5-23)
20    Sec. 5-23. Drug Overdose Prevention Program.
21    (a) Reports of drug overdose.
22        (1) The Department may publish annually a report on
23    drug overdose trends statewide that reviews State death
24    rates from available data to ascertain changes in the



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1    causes or rates of fatal and nonfatal drug overdose. The
2    report shall also provide information on interventions
3    that would be effective in reducing the rate of fatal or
4    nonfatal drug overdose and shall include an analysis of
5    drug overdose information reported to the Department of
6    Public Health pursuant to subsection (e) of Section 3-3013
7    of the Counties Code, Section 6.14g of the Hospital
8    Licensing Act, and subsection (j) of Section 22-30 of the
9    School Code.
10        (2) The report may include:
11            (A) Trends in drug overdose death rates.
12            (B) Trends in emergency room utilization related
13        to drug overdose and the cost impact of emergency room
14        utilization.
15            (C) Trends in utilization of pre-hospital and
16        emergency services and the cost impact of emergency
17        services utilization.
18            (D) Suggested improvements in data collection.
19            (E) A description of other interventions effective
20        in reducing the rate of fatal or nonfatal drug
21        overdose.
22            (F) A description of efforts undertaken to educate
23        the public about unused medication and about how to
24        properly dispose of unused medication, including the
25        number of registered collection receptacles in this
26        State, mail-back programs, and drug take-back events.



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1    (b) Programs; drug overdose prevention.
2        (1) The Department may establish a program to provide
3    for the production and publication, in electronic and other
4    formats, of drug overdose prevention, recognition, and
5    response literature. The Department may develop and
6    disseminate curricula for use by professionals,
7    organizations, individuals, or committees interested in
8    the prevention of fatal and nonfatal drug overdose,
9    including, but not limited to, drug users, jail and prison
10    personnel, jail and prison inmates, drug treatment
11    professionals, emergency medical personnel, hospital
12    staff, families and associates of drug users, peace
13    officers, firefighters, public safety officers, needle
14    exchange program staff, and other persons. In addition to
15    information regarding drug overdose prevention,
16    recognition, and response, literature produced by the
17    Department shall stress that drug use remains illegal and
18    highly dangerous and that complete abstinence from illegal
19    drug use is the healthiest choice. The literature shall
20    provide information and resources for substance use
21    disorder treatment.
22        The Department may establish or authorize programs for
23    prescribing, dispensing, or distributing opioid
24    antagonists for the treatment of drug overdose. Such
25    programs may include the prescribing of opioid antagonists
26    for the treatment of drug overdose to a person who is not



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1    at risk of opioid overdose but who, in the judgment of the
2    health care professional, may be in a position to assist
3    another individual during an opioid-related drug overdose
4    and who has received basic instruction on how to administer
5    an opioid antagonist.
6        (2) The Department may provide advice to State and
7    local officials on the growing drug overdose crisis,
8    including the prevalence of drug overdose incidents,
9    programs promoting the disposal of unused prescription
10    drugs, trends in drug overdose incidents, and solutions to
11    the drug overdose crisis.
12        (3) The Department may support drug overdose
13    prevention, recognition, and response projects by
14    facilitating the bulk acquisition of low-cost opioid
15    antagonist medication approved for opioid overdose
16    reversal, providing trainings in overdose prevention best
17    practices, connecting programs to medical resources,
18    establishing a statewide standing order for the
19    acquisition of needed medication, establishing learning
20    collaboratives between localities and programs, and
21    assisting programs in navigating any regulatory
22    requirements for establishing or expanding such programs.
23    (c) Grants.
24        (1) The Department may award grants, in accordance with
25    this subsection, to create or support local drug overdose
26    prevention, recognition, and response projects. Local



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1    health departments, correctional institutions, hospitals,
2    universities, community-based organizations, and
3    faith-based organizations may apply to the Department for a
4    grant under this subsection at the time and in the manner
5    the Department prescribes.
6        (2) In awarding grants, the Department shall consider
7    the necessity for overdose prevention projects in various
8    settings and shall encourage all grant applicants to
9    develop interventions that will be effective and viable in
10    their local areas.
11        (3) The Department shall give preference for grants to
12    proposals that distribute opioid antagonists approved for
13    the reversal of an opioid overdose directly to individuals
14    who use drugs. , in addition to providing life-saving
15    interventions and responses, provide information to drug
16    users on how to access substance use disorder treatment or
17    other strategies for abstaining from illegal drugs. In
18    addition, the The Department shall give preference to drug
19    overdose prevention programs proposals that include one or
20    more of the following elements:
21            (A) Programs that conduct street and community
22        outreach to work directly with people who use drugs.
23            (B) Programs that work directly with people who use
24        drugs to provide access to new syringes and other drug
25        consumption equipment, infectious disease testing,
26        referrals to needed medical treatment, and other



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1        public health interventions.
2            (C) Programs that employ community health workers
3        or peer recovery specialists who are familiar with the
4        communities served and can provide culturally
5        competent services.
6            (D) Programs that collaborate with other
7        community-based organizations, drug treatment centers,
8        or health care providers who are engaged in treating
9        active drug users.
10            (E) Programs that engage individuals who are
11        exiting jails or prisons and who are at high risk of
12        overdose.
13            (F) Programs that can provide linkages for
14        individuals to obtain evidence-based drug treatment,
15        such as agonist medication assisted treatment.
16            (G) Programs that provide education and training
17        projects to community-based organizations who work
18        directly with drug users and their families and
19        communities.
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



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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, the potential dangers of keeping unused
10        prescription drugs in the home, and methods to properly
11        dispose of unused prescription drugs.
12            (E) Prescription and distribution of opioid
13        antagonists.
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 Department 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 opioid
26        (1) A health care professional who, acting in good



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1    faith, directly or by standing order, prescribes or
2    dispenses an opioid antagonist to: (a) a patient who, in
3    the judgment of the health care professional, is capable of
4    administering the drug in an emergency, or (b) a person who
5    is not at risk of opioid overdose but who, in the judgment
6    of the health care professional, may be in a position to
7    assist another individual during an opioid-related drug
8    overdose and who has received basic instruction on how to
9    administer an opioid antagonist shall not, as a result of
10    his or her acts or omissions, be subject to: (i) any
11    disciplinary or other adverse action under the Medical
12    Practice Act of 1987, the Physician Assistant Practice Act
13    of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
14    or any other professional licensing statute or (ii) any
15    criminal liability, except for willful and wanton
16    misconduct.
17        (2) A person who is not otherwise licensed to
18    administer an opioid antagonist may in an emergency
19    administer without fee an opioid antagonist if the person
20    has received the patient information specified in
21    paragraph (4) of this subsection and believes in good faith
22    that another person is experiencing a drug overdose. The
23    person shall not, as a result of his or her acts or
24    omissions, be (i) liable for any violation of the Medical
25    Practice Act of 1987, the Physician Assistant Practice Act
26    of 1987, the Nurse Practice Act, the Pharmacy Practice Act,



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1    or any other professional licensing statute, or (ii)
2    subject to any criminal prosecution or civil liability,
3    except for willful and wanton misconduct.
4        (3) A health care professional prescribing an opioid
5    antagonist to a patient shall ensure that the patient
6    receives the patient information specified in paragraph
7    (4) of this subsection. Patient information may be provided
8    by the health care professional or a community-based
9    organization, substance use disorder program, or other
10    organization with which the health care professional
11    establishes a written agreement that includes a
12    description of how the organization will provide patient
13    information, how employees or volunteers providing
14    information will be trained, and standards for documenting
15    the provision of patient information to patients.
16    Provision of patient information shall be documented in the
17    patient's medical record or through similar means as
18    determined by agreement between the health care
19    professional and the organization. The Department, in
20    consultation with statewide organizations representing
21    physicians, pharmacists, advanced practice registered
22    nurses, physician assistants, substance use disorder
23    programs, and other interested groups, shall develop and
24    disseminate to health care professionals, community-based
25    organizations, substance use disorder programs, and other
26    organizations training materials in video, electronic, or



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1    other formats to facilitate the provision of such patient
2    information.
3        (4) For the purposes of this subsection:
4        "Opioid antagonist" means a drug that binds to opioid
5    receptors and blocks or inhibits the effect of opioids
6    acting on those receptors, including, but not limited to,
7    naloxone hydrochloride or any other similarly acting drug
8    approved by the U.S. Food and Drug Administration.
9        "Health care professional" means a physician licensed
10    to practice medicine in all its branches, a licensed
11    physician assistant with prescriptive authority, a
12    licensed advanced practice registered nurse with
13    prescriptive authority, an advanced practice registered
14    nurse or physician assistant who practices in a hospital,
15    hospital affiliate, or ambulatory surgical treatment
16    center and possesses appropriate clinical privileges in
17    accordance with the Nurse Practice Act, or a pharmacist
18    licensed to practice pharmacy under the Pharmacy Practice
19    Act.
20        "Patient" includes a person who is not at risk of
21    opioid overdose but who, in the judgment of the physician,
22    advanced practice registered nurse, or physician
23    assistant, may be in a position to assist another
24    individual during an overdose and who has received patient
25    information as required in paragraph (2) of this subsection
26    on the indications for and administration of an opioid



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1    antagonist.
2        "Patient information" includes information provided to
3    the patient on drug overdose prevention and recognition;
4    how to perform rescue breathing and resuscitation; opioid
5    antagonist dosage and administration; the importance of
6    calling 911; care for the overdose victim after
7    administration of the overdose antagonist; and other
8    issues as necessary.
9    (e) Drug overdose response policy.
10        (1) Every State and local government agency that
11    employs a law enforcement officer or fireman as those terms
12    are defined in the Line of Duty Compensation Act must
13    possess opioid antagonists and must establish a policy to
14    control the acquisition, storage, transportation, and
15    administration of such opioid antagonists and to provide
16    training in the administration of opioid antagonists. A
17    State or local government agency that employs a fireman as
18    defined in the Line of Duty Compensation Act but does not
19    respond to emergency medical calls or provide medical
20    services shall be exempt from this subsection.
21        (2) Every publicly or privately owned ambulance,
22    special emergency medical services vehicle, non-transport
23    vehicle, or ambulance assist vehicle, as described in the
24    Emergency Medical Services (EMS) Systems Act, that
25    responds to requests for emergency services or transports
26    patients between hospitals in emergency situations must



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1    possess opioid antagonists.
2        (3) Entities that are required under paragraphs (1) and
3    (2) to possess opioid antagonists may also apply to the
4    Department for a grant to fund the acquisition of opioid
5    antagonists and training programs on the administration of
6    opioid antagonists.
7(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;
899-581, eff. 1-1-17; 99-642, eff. 7-28-16; 100-201, eff.
98-18-17; 100-513, eff. 1-1-18; 100-759, eff. 1-1-19.)
10    (20 ILCS 301/25-13 new)
11    Sec. 25-13. Evidence-based treatment needs assessment.
12    (a) The Department shall contract with a third party
13research organization to conduct a needs assessment of the
14Illinois substance use disorder treatment system. The third
15party research organization must:
16        (1) have experience in conducting population health
17    studies;
18        (2) have the capability to assess the range of
19    organizations and provider types that provide substance
20    use disorder treatment; and
21        (3) not have any conflicts of interest, including
22    existing contracts with or licensure by the Department.
23    (b) The needs assessment shall include, but shall not be
24limited to, the following:
25        (1) the estimated number of Illinois residents in need



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1    of treatment for Opioid Use Disorder or opioid dependence;
2        (2) the number and type of licensed treatment programs
3    in each geographic area of the State;
4        (3) the availability of medication-assisted treatment
5    at each licensed program and which types of
6    medication-assisted treatment are available;
7        (4) the number of individuals receiving
8    medication-assisted treatment at each program and which
9    types of medication-assisted treatment they are receiving;
10        (5) the number of other organizations that provide
11    medication-assisted treatment and other treatment
12    supports, including Federally Qualified Health Centers,
13    hospitals, and medical professionals operating in private
14    practice;
15        (6) the number of recovery homes that accept
16    individuals using medication-assisted treatment in their
17    recovery;
18        (7) the number of medical professionals currently
19    authorized to prescribe buprenorphine and the number of
20    individuals who are currently prescribed the medication by
21    each medical professional;
22        (8) the existence of any partnerships between programs
23    licensed by the Department and other providers of
24    medication assisted treatment;
25        (9) the existence of any wait lists for individuals
26    seeking treatment, including any separate wait lists that



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1    exist for Medicaid recipients;
2        (10) any unmet need for treatment and an analysis of
3    the potential causes for that unmet need;
4        (11) any unmet need for medication-assisted treatment
5    and an analysis of the potential causes for that unmet
6    need; and
7        (12) a proposal for how to address any needs or
8    treatment capacity issues in the State.
9    (c) The research organization shall use Department and
10federal data and records, public health data and research, and
11direct surveys of treatment providers, medical professionals,
12treatment participants, and current drug users not connected to
13treatment in order to conduct the needs assessment. The
14Department shall cooperate with the research organization to
15make records and programs available to the greatest extent
17    (d) The needs assessment shall be developed, submitted to
18the General Assembly, and made public no later than December
1931, 2019.
20    Section 999. Effective date. This Act takes effect upon
21becoming law.