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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Overdose Prevention and Harm Reduction Act. | ||||||
6 | Section 5. Needle and hypodermic syringe access program. | ||||||
7 | (a) Any governmental or nongovernmental organization, | ||||||
8 | including a local health department, community-based | ||||||
9 | organization, or a person or entity, that promotes | ||||||
10 | scientifically proven ways of mitigating health risks | ||||||
11 | associated with drug use and other high-risk behaviors may | ||||||
12 | establish and operate a needle and hypodermic syringe access | ||||||
13 | program. The objective of the program shall be accomplishing | ||||||
14 | all 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.
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21 | (b) Programs established under this Act shall provide all | ||||||
22 | of 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.
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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 that can also be used as a quiet space to gather | ||||||
22 | composure in the event of an adverse on-site incident, such | ||||||
23 | 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 | ||||||
4 | Controlled Substances Act, the Drug Paraphernalia Control Act, | ||||||
5 | or any other law, no employee or volunteer of or participant in | ||||||
6 | a program established under this Act shall be charged with or | ||||||
7 | prosecuted 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 | ||||||
2 | on civil liability, a law enforcement officer who, acting on | ||||||
3 | good faith, arrests or charges a person who is thereafter | ||||||
4 | determined to be entitled to immunity from prosecution under | ||||||
5 | this subsection (c) shall not be subject to civil liability for | ||||||
6 | the arrest or filing of charges. | ||||||
7 | (d) Prior to the commencing of operations of a program | ||||||
8 | established under this Act, the governmental or | ||||||
9 | nongovernmental organization shall submit to the Illinois | ||||||
10 | Department 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 | The Department of Public Health may adopt rules to | ||||||
18 | implement this subsection. | ||||||
19 | Section 100. The Substance Use Disorder Act is amended by | ||||||
20 | changing Section 5-23 as follows: | ||||||
21 | (20 ILCS 301/5-23) | ||||||
22 | Sec. 5-23. Drug Overdose Prevention Program. | ||||||
23 | (a) Reports of drug overdose . | ||||||
24 | (1) The Department may publish annually a report on |
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1 | drug overdose trends statewide that reviews State death | ||||||
2 | rates from available data to ascertain changes in the | ||||||
3 | causes or rates of fatal and nonfatal drug overdose. The | ||||||
4 | report shall also provide information on interventions | ||||||
5 | that would be effective in reducing the rate of fatal or | ||||||
6 | nonfatal drug overdose and on the current substance use | ||||||
7 | disorder treatment capacity within the State. The report | ||||||
8 | shall include an analysis of drug overdose information | ||||||
9 | reported to the Department of Public Health pursuant to | ||||||
10 | subsection (e) of Section 3-3013 of the Counties Code, | ||||||
11 | Section 6.14g of the Hospital Licensing Act, and subsection | ||||||
12 | (j) of Section 22-30 of the School Code. | ||||||
13 | (2) The report may include: | ||||||
14 | (A) Trends in drug overdose death rates. | ||||||
15 | (B) Trends in emergency room utilization related | ||||||
16 | to drug overdose and the cost impact of emergency room | ||||||
17 | utilization. | ||||||
18 | (C) Trends in utilization of pre-hospital and | ||||||
19 | emergency services and the cost impact of emergency | ||||||
20 | services utilization. | ||||||
21 | (D) Suggested improvements in data collection. | ||||||
22 | (E) A description of other interventions effective | ||||||
23 | in reducing the rate of fatal or nonfatal drug | ||||||
24 | overdose. | ||||||
25 | (F) A description of efforts undertaken to educate | ||||||
26 | the public about unused medication and about how to |
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1 | properly dispose of unused medication, including the | ||||||
2 | number of registered collection receptacles in this | ||||||
3 | State, mail-back programs, and drug take-back events. | ||||||
4 | (G) An inventory of the State's substance use | ||||||
5 | disorder treatment capacity, including, but not | ||||||
6 | limited to: | ||||||
7 | (i) The number and type of licensed treatment | ||||||
8 | programs in each geographic area of the State. | ||||||
9 | (ii) The availability of medication-assisted | ||||||
10 | treatment at each licensed program and which types | ||||||
11 | of medication-assisted treatment are available. | ||||||
12 | (iii) The number of recovery homes that accept | ||||||
13 | individuals using medication-assisted treatment in | ||||||
14 | their recovery. | ||||||
15 | (iv) The number of medical professionals | ||||||
16 | currently authorized to prescribe buprenorphine | ||||||
17 | and the number of individuals who fill | ||||||
18 | prescriptions for that medication at retail | ||||||
19 | pharmacies as prescribed. | ||||||
20 | (v) Any partnerships between programs licensed | ||||||
21 | by the Department and other providers of | ||||||
22 | medication-assisted treatment. | ||||||
23 | (vi) Any challenges in providing | ||||||
24 | medication-assisted treatment reported by programs | ||||||
25 | licensed by the Department and any potential | ||||||
26 | solutions. |
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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 acquisition of opioid antagonist | ||||||
15 | medication approved for opioid overdose reversal, | ||||||
16 | facilitating the acquisition of opioid antagonist | ||||||
17 | medication approved for opioid overdose reversal, | ||||||
18 | providing trainings in overdose prevention best practices, | ||||||
19 | connecting programs to medical resources, establishing a | ||||||
20 | statewide standing order for the acquisition of needed | ||||||
21 | medication, establishing learning collaboratives between | ||||||
22 | localities and programs, and assisting programs in | ||||||
23 | navigating any regulatory requirements for establishing or | ||||||
24 | expanding such programs. | ||||||
25 | (4) In supporting best practices in drug overdose | ||||||
26 | prevention programming, the Department may promote the |
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1 | following programmatic elements: | ||||||
2 | (A) Training individuals who currently use drugs | ||||||
3 | in the administration of opioid antagonists approved | ||||||
4 | for the reversal of an opioid overdose. | ||||||
5 | (B) Directly distributing opioid antagonists | ||||||
6 | approved for the reversal of an opioid overdose rather | ||||||
7 | than providing prescriptions to be filled at a | ||||||
8 | pharmacy. | ||||||
9 | (C) Conducting street and community outreach to | ||||||
10 | work directly with individuals who are using drugs. | ||||||
11 | (D) Employing community health workers or peer | ||||||
12 | recovery specialists who are familiar with the | ||||||
13 | communities served and can provide culturally | ||||||
14 | competent services. | ||||||
15 | (E) Collaborating with other community-based | ||||||
16 | organizations, substance use disorder treatment | ||||||
17 | centers, or other health care providers engaged in | ||||||
18 | treating individuals who are using drugs. | ||||||
19 | (F) Providing linkages for individuals to obtain | ||||||
20 | evidence-based substance use disorder treatment. | ||||||
21 | (G) Engaging individuals exiting jails or prisons | ||||||
22 | who are at a high risk of overdose. | ||||||
23 | (H) Providing education and training to | ||||||
24 | community-based organizations who work directly with | ||||||
25 | individuals who are using drugs and those individuals' | ||||||
26 | families and communities. |
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1 | (I) Providing education and training on drug | ||||||
2 | overdose prevention and response to emergency | ||||||
3 | personnel and law enforcement. | ||||||
4 | (J) Informing communities of the important role | ||||||
5 | emergency personnel play in responding to accidental | ||||||
6 | overdose. | ||||||
7 | (K) Producing and distributing targeted mass media | ||||||
8 | materials on drug overdose prevention and response, | ||||||
9 | the potential dangers of leaving unused prescription | ||||||
10 | drugs in the home, and the proper methods for disposing | ||||||
11 | of unused prescription drugs. | ||||||
12 | (c) Grants. | ||||||
13 | (1) The Department may award grants, in accordance with | ||||||
14 | this subsection, to create or support local drug overdose | ||||||
15 | prevention, recognition, and response projects. Local | ||||||
16 | health departments, correctional institutions, hospitals, | ||||||
17 | universities, community-based organizations, and | ||||||
18 | faith-based organizations may apply to the Department for a | ||||||
19 | grant under this subsection at the time and in the manner | ||||||
20 | the Department prescribes. | ||||||
21 | (2) In awarding grants, the Department shall consider | ||||||
22 | the necessity for overdose prevention projects in various | ||||||
23 | settings and shall encourage all grant applicants to | ||||||
24 | develop interventions that will be effective and viable in | ||||||
25 | their local areas. | ||||||
26 | (3) (Blank). The Department shall give preference for |
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1 | grants to proposals that, in addition to providing | ||||||
2 | life-saving interventions and responses, provide | ||||||
3 | information to drug users on how to access substance use | ||||||
4 | disorder treatment or other strategies for abstaining from | ||||||
5 | illegal drugs. The Department shall give preference to | ||||||
6 | proposals that include one or more of the following | ||||||
7 | elements: | ||||||
8 | (A) Policies and projects to encourage persons, | ||||||
9 | including drug users, to call 911 when they witness a | ||||||
10 | potentially fatal drug overdose. | ||||||
11 | (B) Drug overdose prevention, recognition, and | ||||||
12 | response education projects in drug treatment centers, | ||||||
13 | outreach programs, and other organizations that work | ||||||
14 | with, or have access to, drug users and their families | ||||||
15 | and communities. | ||||||
16 | (C) Drug overdose recognition and response | ||||||
17 | training, including rescue breathing, in drug | ||||||
18 | treatment centers and for other organizations that | ||||||
19 | work with, or have access to, drug users and their | ||||||
20 | families and communities. | ||||||
21 | (D) The production and distribution of targeted or | ||||||
22 | mass media materials on drug overdose prevention and | ||||||
23 | response, the potential dangers of keeping unused | ||||||
24 | prescription drugs in the home, and methods to properly | ||||||
25 | dispose of unused prescription drugs. | ||||||
26 | (E) Prescription and distribution of opioid |
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1 | antagonists. | ||||||
2 | (F) The institution of education and training | ||||||
3 | projects on drug overdose response and treatment for | ||||||
4 | emergency services and law enforcement personnel. | ||||||
5 | (G) A system of parent, family, and survivor | ||||||
6 | education and mutual support groups. | ||||||
7 | (4) In addition to moneys appropriated by the General | ||||||
8 | Assembly, the Department may seek grants from private | ||||||
9 | foundations, the federal government, and other sources to | ||||||
10 | fund the grants under this Section and to fund an | ||||||
11 | evaluation of the programs supported by the grants. | ||||||
12 | (d) Health care professional prescription of opioid | ||||||
13 | antagonists. | ||||||
14 | (1) A health care professional who, acting in good | ||||||
15 | faith, directly or by standing order, prescribes or | ||||||
16 | dispenses an opioid antagonist to: (a) a patient who, in | ||||||
17 | the judgment of the health care professional, is capable of | ||||||
18 | administering the drug in an emergency, or (b) a person who | ||||||
19 | is not at risk of opioid overdose but who, in the judgment | ||||||
20 | of the health care professional, may be in a position to | ||||||
21 | assist another individual during an opioid-related drug | ||||||
22 | overdose and who has received basic instruction on how to | ||||||
23 | administer an opioid antagonist shall not, as a result of | ||||||
24 | his or her acts or omissions, be subject to: (i) any | ||||||
25 | disciplinary or other adverse action under the Medical | ||||||
26 | Practice Act of 1987, the Physician Assistant Practice Act |
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1 | of 1987, the Nurse Practice Act, the Pharmacy Practice Act, | ||||||
2 | or any other professional licensing statute or (ii) any | ||||||
3 | criminal liability, except for willful and wanton | ||||||
4 | misconduct. | ||||||
5 | (2) A person who is not otherwise licensed to | ||||||
6 | administer an opioid antagonist may in an emergency | ||||||
7 | administer without fee an opioid antagonist if the person | ||||||
8 | has received the patient information specified in | ||||||
9 | paragraph (4) of this subsection and believes in good faith | ||||||
10 | that another person is experiencing a drug overdose. The | ||||||
11 | person shall not, as a result of his or her acts or | ||||||
12 | omissions, be (i) liable for any violation of the Medical | ||||||
13 | Practice Act of 1987, the Physician Assistant Practice Act | ||||||
14 | of 1987, the Nurse Practice Act, the Pharmacy Practice Act, | ||||||
15 | or any other professional licensing statute, or (ii) | ||||||
16 | subject to any criminal prosecution or civil liability, | ||||||
17 | except for willful and wanton misconduct. | ||||||
18 | (3) A health care professional prescribing an opioid | ||||||
19 | antagonist to a patient shall ensure that the patient | ||||||
20 | receives the patient information specified in paragraph | ||||||
21 | (4) of this subsection. Patient information may be provided | ||||||
22 | by the health care professional or a community-based | ||||||
23 | organization, substance use disorder program, or other | ||||||
24 | organization with which the health care professional | ||||||
25 | establishes a written agreement that includes a | ||||||
26 | description of how the organization will provide patient |
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1 | information, how employees or volunteers providing | ||||||
2 | information will be trained, and standards for documenting | ||||||
3 | the provision of patient information to patients. | ||||||
4 | Provision of patient information shall be documented in the | ||||||
5 | patient's medical record or through similar means as | ||||||
6 | determined by agreement between the health care | ||||||
7 | professional and the organization. The Department, in | ||||||
8 | consultation with statewide organizations representing | ||||||
9 | physicians, pharmacists, advanced practice registered | ||||||
10 | nurses, physician assistants, substance use disorder | ||||||
11 | programs, and other interested groups, shall develop and | ||||||
12 | disseminate to health care professionals, community-based | ||||||
13 | organizations, substance use disorder programs, and other | ||||||
14 | organizations training materials in video, electronic, or | ||||||
15 | other formats to facilitate the provision of such patient | ||||||
16 | information. | ||||||
17 | (4) For the purposes of this subsection: | ||||||
18 | "Opioid antagonist" means a drug that binds to opioid | ||||||
19 | receptors and blocks or inhibits the effect of opioids | ||||||
20 | acting on those receptors, including, but not limited to, | ||||||
21 | naloxone hydrochloride or any other similarly acting drug | ||||||
22 | approved by the U.S. Food and Drug Administration. | ||||||
23 | "Health care professional" means a physician licensed | ||||||
24 | to practice medicine in all its branches, a licensed | ||||||
25 | physician assistant with prescriptive authority, a | ||||||
26 | licensed advanced practice registered nurse with |
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1 | prescriptive authority, an advanced practice registered | ||||||
2 | nurse or physician assistant who practices in a hospital, | ||||||
3 | hospital affiliate, or ambulatory surgical treatment | ||||||
4 | center and possesses appropriate clinical privileges in | ||||||
5 | accordance with the Nurse Practice Act, or a pharmacist | ||||||
6 | licensed to practice pharmacy under the Pharmacy Practice | ||||||
7 | Act. | ||||||
8 | "Patient" includes a person who is not at risk of | ||||||
9 | opioid overdose but who, in the judgment of the physician, | ||||||
10 | advanced practice registered nurse, or physician | ||||||
11 | assistant, may be in a position to assist another | ||||||
12 | individual during an overdose and who has received patient | ||||||
13 | information as required in paragraph (2) of this subsection | ||||||
14 | on the indications for and administration of an opioid | ||||||
15 | antagonist. | ||||||
16 | "Patient information" includes information provided to | ||||||
17 | the patient on drug overdose prevention and recognition; | ||||||
18 | how to perform rescue breathing and resuscitation; opioid | ||||||
19 | antagonist dosage and administration; the importance of | ||||||
20 | calling 911; care for the overdose victim after | ||||||
21 | administration of the overdose antagonist; and other | ||||||
22 | issues as necessary.
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23 | (e) Drug overdose response policy. | ||||||
24 | (1) Every State and local government agency that | ||||||
25 | employs a law enforcement officer or fireman as those terms | ||||||
26 | are defined in the Line of Duty Compensation Act must |
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1 | possess opioid antagonists and must establish a policy to | ||||||
2 | control the acquisition, storage, transportation, and | ||||||
3 | administration of such opioid antagonists and to provide | ||||||
4 | training in the administration of opioid antagonists. A | ||||||
5 | State or local government agency that employs a fireman as | ||||||
6 | defined in the Line of Duty Compensation Act but does not | ||||||
7 | respond to emergency medical calls or provide medical | ||||||
8 | services shall be exempt from this subsection. | ||||||
9 | (2) Every publicly or privately owned ambulance, | ||||||
10 | special emergency medical services vehicle, non-transport | ||||||
11 | vehicle, or ambulance assist vehicle, as described in the | ||||||
12 | Emergency Medical Services (EMS) Systems Act, that | ||||||
13 | responds to requests for emergency services or transports | ||||||
14 | patients between hospitals in emergency situations must | ||||||
15 | possess opioid antagonists. | ||||||
16 | (3) Entities that are required under paragraphs (1) and | ||||||
17 | (2) to possess opioid antagonists may also apply to the | ||||||
18 | Department for a grant to fund the acquisition of opioid | ||||||
19 | antagonists and training programs on the administration of | ||||||
20 | opioid antagonists. | ||||||
21 | (Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15; | ||||||
22 | 99-581, eff. 1-1-17; 99-642, eff. 7-28-16; 100-201, eff. | ||||||
23 | 8-18-17; 100-513, eff. 1-1-18; 100-759, eff. 1-1-19 .) | ||||||
24 | Section 200. The Hypodermic Syringes and Needles Act is | ||||||
25 | amended by changing Sections 1 and 2 as follows:
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1 | (720 ILCS 635/1) (from Ch. 38, par. 22-50)
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2 | Sec. 1. Possession of hypodermic syringes and needles.
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3 | (a) Except as provided in subsection (b), no person, not | ||||||
4 | being a
physician,
dentist, chiropodist or
veterinarian | ||||||
5 | licensed under the laws of this State or of the state where he
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6 | resides, or a registered professional nurse, or a registered | ||||||
7 | embalmer,
manufacturer or dealer in embalming supplies, | ||||||
8 | wholesale druggist,
manufacturing pharmacist, registered | ||||||
9 | pharmacist, manufacturer of surgical
instruments, industrial | ||||||
10 | user, official of any government having possession
of the | ||||||
11 | articles hereinafter mentioned by reason of his or her official | ||||||
12 | duties,
nurse or a medical laboratory technician acting under | ||||||
13 | the direction of a
physician or dentist, employee of an | ||||||
14 | incorporated hospital acting under the
direction of its | ||||||
15 | superintendent or officer in immediate charge, or a
carrier or | ||||||
16 | messenger engaged in the transportation of the articles, or the
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17 | holder of a permit issued under Section 5 of this Act, or a | ||||||
18 | farmer
engaged in the use of the instruments on livestock, or a | ||||||
19 | person engaged in
chemical, clinical, pharmaceutical or other | ||||||
20 | scientific research, or a staff person, volunteer, or | ||||||
21 | participant in a needle or hypodermic syringe access program, | ||||||
22 | shall have
in his or her possession a hypodermic syringe, | ||||||
23 | hypodermic needle, or any
instrument adapted for the use of | ||||||
24 | controlled substances or cannabis by
subcutaneous injection.
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25 | (b) A person who is at least 18 years of age may purchase |
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1 | from a pharmacy
and have in his or her possession up to 100
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2 | hypodermic
syringes or needles.
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3 | (Source: P.A. 100-326, eff. 1-1-18 .)
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4 | (720 ILCS 635/2) (from Ch. 38, par. 22-51)
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5 | Sec. 2. Sale of hypodermic syringes and needles.
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6 | (a) Except
as provided in subsection (b), no syringe, | ||||||
7 | needle or instrument shall
be delivered or sold
to, or | ||||||
8 | exchanged with, any person except a registered pharmacist,
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9 | physician, dentist, veterinarian, registered embalmer, | ||||||
10 | manufacturer or
dealer in embalming supplies, wholesale | ||||||
11 | druggist, manufacturing pharmacist,
industrial user, a nurse | ||||||
12 | upon the written order of a physician or dentist,
the holder of | ||||||
13 | a permit issued under Section 5 of this Act, a registered
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14 | chiropodist, or an employee of an incorporated hospital upon | ||||||
15 | the written
order of its superintendent or officer in immediate | ||||||
16 | charge; provided that
the provisions of this Act shall not | ||||||
17 | prohibit the sale, possession or use
of hypodermic syringes or | ||||||
18 | hypodermic needles for treatment of livestock or
poultry by the | ||||||
19 | owner or keeper thereof or a person engaged in chemical,
| ||||||
20 | clinical, pharmaceutical or other scientific research , or a | ||||||
21 | staff person, volunteer, or participant in a needle or | ||||||
22 | hypodermic syringe access program .
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23 | (b) A pharmacist may sell up to 100 sterile hypodermic | ||||||
24 | syringes or needles
to a person
who is
at least 18 years of | ||||||
25 | age.
A syringe or needle sold under this subsection
(b) must be
|
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| |||||||
1 | stored at a
pharmacy
and in a manner that limits access to the | ||||||
2 | syringes or needles to pharmacists
employed at
the
pharmacy and | ||||||
3 | any persons designated by the pharmacists. A syringe or
needle | ||||||
4 | sold
at a
pharmacy under this subsection (b) may be sold only | ||||||
5 | from the pharmacy
department
of the pharmacy.
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6 | (Source: P.A. 100-326, eff. 1-1-18 .)
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7 | Section 999. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
|