HB0110ham001 102ND GENERAL ASSEMBLY

Rep. La Shawn K. Ford

Filed: 4/20/2021

10200HB0110ham001 LRB102 04289 KTG 25672 a

AMENDMENT TO HOUSE BILL 110

AMENDMENT NO. ______. Amend House Bill 110 by replacing everything after the enacting clause with the following:

"Section 5. The Substance Use Disorder Act is amended by changing Section 15-10 and by adding Section 5-26 as follows:

(20 ILCS 301/5-26 new)

Sec. 5-26. Safe consumption and overdose prevention services.

(a) Definitions. As used in this Section:

"Department" means the Department of Human Services.

"Entity" means any community-based organization that provides educational, health, harm reduction, housing, or social services and any hospital, medical clinic or office, health center, nursing care facility, mental health facility, or other similar entity that provides medical care.

"Participant" means an individual who seeks to utilize, utilizes, or has used a program established under this Section.

"Program" means a safer consumption and overdose services program established under this Section.

(b) Program approval.

(1) Notwithstanding the Illinois Controlled Substances Act, the Drug Paraphernalia Control Act, or any other provision of law to the contrary, the Department may approve an entity to operate a program in one or more jurisdictions upon satisfaction of the requirements set forth under paragraph (4). The Department shall establish standards for program approval and training and shall adopt any rules that are necessary to license and monitor the program.

(2) The Department shall establish a new intervention license category entitled Harm Reduction Services and shall approve or deny an application for a Harm Reduction Services license in accordance with Section 15-10 of this Act and as established by rule.

(3) An entity may make an application for a Harm Reduction Services license at any time, regardless of previous applications.

(4) The Department may approve a program under this Section upon submission of an application, on a form prescribed by the Department, demonstrating that the entity shall, at a minimum:

(A) provide a hygienic space where participants may consume their pre-obtained drugs;

(B) provide adequate staffing by health care professionals or other trained staff;

(C) provide sterile injection supplies, collect used hypodermic needles and syringes, provide secure hypodermic needle and syringe disposal services, and may provide other drug using supplies that reduce harm;

(D) provide education on safe consumption practices, proper disposal of hypodermic needles and syringes, and overdose prevention, including written information in, at a minimum, the 4 most commonly spoken languages in the State as determined by the Department;

(E) administer first aid, if needed, and monitor participants for potential overdose;

(F) provide referrals to substance use disorder treatment, recovery support services, medical, social determinants of health, and employment and training services;

(G) educate participants on the risks of contracting infectious diseases and provide sexual health resources and supplies, including, but not limited to, condoms for male and female sex organs;

(H) provide participants access to naloxone;

(I) provide reasonable and adequate security for the program site and equipment;

(J) ensure confidentiality of program participants by using an anonymous unique identifier;

(K) train staff members to deliver services offered by the program or attend training provided by the Department, if required;

(L) establish operating procedures for the program and eligibility criteria for program participants, if not predetermined by the Department; and

(M) be designated as or collaborate with an authorized needle and hypodermic syringe access program under the Overdose Prevention and Harm Reduction Act.

(c) Reporting. An entity operating a program under this Section shall provide a report to the Department, within the time frame specified by the Department, that shall include:

(1) the number of program participants;

(2) aggregate information regarding the characteristics of program participants;

(3) the number of hypodermic needles, syringes, and harm reduction supplies distributed for use on-site;

(4) the number of overdoses experienced and the number of overdoses reversed on-site;

(5) the number of individuals directly and formally referred to other services and the type of service;

(6) the number of significant incidents, as defined by the Department, during the specified time frame; and

(7) the number of ancillary services provided to family members and the public, including, but not limited to, socials service referrals and educational services.

(d) Immunity provided. Notwithstanding the Illinois Controlled Substances Act, the Drug Paraphernalia Control Act, or any other provision of law to the contrary, the following persons shall not be arrested, charged, or prosecuted for any criminal offense 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 participation or involvement in a program approved by the Department under this Act:

(1) a program participant;

(2) a staff member or administrator of a program, including a health care professional, manager, employee, or volunteer; and

(3) a property owner who owns real property at which a program is located and operates.

(20 ILCS 301/15-10)

Sec. 15-10. Licensure categories and services. No person or program may provide the services or conduct the activities described in this Section without first obtaining a license therefor from the Department, unless otherwise exempted under this Act. The Department shall, by rule, provide requirements for each of the following types of licenses and categories of service:

(a) Treatment: Categories of service authorized by a treatment license are Early Intervention, Outpatient, Intensive Outpatient/Partial Hospitalization, Subacute Residential/Inpatient, and Withdrawal Management. Medication assisted treatment that includes methadone used for an opioid use disorder can be licensed as an adjunct to any of the treatment levels of care specified in this Section.

(b) Intervention: Categories of service authorized by an intervention license are DUI Evaluation, DUI Risk Education, Designated Program, Harm Reduction Services, and Recovery Homes for persons in any stage of recovery from a substance use disorder.

The Department may, under procedures established by rule and upon a showing of good cause for such, exempt off-site services from having to obtain a separate license for services conducted away from the provider's licensed location.

(Source: P.A. 100-759, eff. 1-1-19.)".