HB0110ham002 102ND GENERAL ASSEMBLY

Rep. La Shawn K. Ford

Filed: 2/18/2022

10200HB0110ham002 LRB102 04289 KTG 36520 a

AMENDMENT TO HOUSE BILL 110

AMENDMENT NO. ______. Amend House Bill 110, 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. 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 pilot program established under this Section.

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

(b) Pilot 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 pilot program in one or more jurisdictions upon satisfaction of the requirements set forth under paragraph (4). The Department shall establish standards for pilot program approval and training and shall adopt any rules that are necessary to license and monitor the pilot 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 pilot 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, services that address 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 pilot program site and equipment;

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

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

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

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

(N) operate the pilot program for no more than 3 years.

(c) Reporting. An entity operating a pilot 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 pilot program participants;

(2) aggregate information regarding the characteristics of pilot 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 pilot program approved by the Department under this Section:

(1) a pilot program participant;

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

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