Illinois General Assembly - Full Text of SB1828
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Full Text of SB1828  101st General Assembly




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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
5Overdose Prevention and Harm Reduction 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 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
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 submit 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    The Department of Public Health may adopt rules to
18implement this subsection.
19    Section 100. The Substance Use Disorder Act is amended by
20changing 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
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.
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;
2299-581, eff. 1-1-17; 99-642, eff. 7-28-16; 100-201, eff.
238-18-17; 100-513, eff. 1-1-18; 100-759, eff. 1-1-19.)
24    Section 200. The Hypodermic Syringes and Needles Act is
25amended by changing Sections 1 and 2 as follows:



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1    (720 ILCS 635/1)  (from Ch. 38, par. 22-50)
2    Sec. 1. Possession of hypodermic syringes and needles.
3    (a) Except as provided in subsection (b), no person, not
4being a physician, dentist, chiropodist or veterinarian
5licensed under the laws of this State or of the state where he
6resides, or a registered professional nurse, or a registered
7embalmer, manufacturer or dealer in embalming supplies,
8wholesale druggist, manufacturing pharmacist, registered
9pharmacist, manufacturer of surgical instruments, industrial
10user, official of any government having possession of the
11articles hereinafter mentioned by reason of his or her official
12duties, nurse or a medical laboratory technician acting under
13the direction of a physician or dentist, employee of an
14incorporated hospital acting under the direction of its
15superintendent or officer in immediate charge, or a carrier or
16messenger engaged in the transportation of the articles, or the
17holder of a permit issued under Section 5 of this Act, or a
18farmer engaged in the use of the instruments on livestock, or a
19person engaged in chemical, clinical, pharmaceutical or other
20scientific research, or a staff person, volunteer, or
21participant in a needle or hypodermic syringe access program,
22shall have in his or her possession a hypodermic syringe,
23hypodermic needle, or any instrument adapted for the use of
24controlled substances or cannabis by subcutaneous injection.
25    (b) A person who is at least 18 years of age may purchase



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1from a pharmacy and have in his or her possession up to 100
2hypodermic syringes or needles.
3(Source: P.A. 100-326, eff. 1-1-18.)
4    (720 ILCS 635/2)  (from Ch. 38, par. 22-51)
5    Sec. 2. Sale of hypodermic syringes and needles.
6    (a) Except as provided in subsection (b), no syringe,
7needle or instrument shall be delivered or sold to, or
8exchanged with, any person except a registered pharmacist,
9physician, dentist, veterinarian, registered embalmer,
10manufacturer or dealer in embalming supplies, wholesale
11druggist, manufacturing pharmacist, industrial user, a nurse
12upon the written order of a physician or dentist, the holder of
13a permit issued under Section 5 of this Act, a registered
14chiropodist, or an employee of an incorporated hospital upon
15the written order of its superintendent or officer in immediate
16charge; provided that the provisions of this Act shall not
17prohibit the sale, possession or use of hypodermic syringes or
18hypodermic needles for treatment of livestock or poultry by the
19owner or keeper thereof or a person engaged in chemical,
20clinical, pharmaceutical or other scientific research, or a
21staff person, volunteer, or participant in a needle or
22hypodermic syringe access program.
23    (b) A pharmacist may sell up to 100 sterile hypodermic
24syringes or needles to a person who is at least 18 years of
25age. A syringe or needle sold under this subsection (b) must be



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1stored at a pharmacy and in a manner that limits access to the
2syringes or needles to pharmacists employed at the pharmacy and
3any persons designated by the pharmacists. A syringe or needle
4sold at a pharmacy under this subsection (b) may be sold only
5from the pharmacy department of the pharmacy.
6(Source: P.A. 100-326, eff. 1-1-18.)
7    Section 999. Effective date. This Act takes effect upon
8becoming law.