Full Text of HB4556 102nd General Assembly
HB4556enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Overdose Prevention and Harm Reduction Act | 5 | | is amended by changing Section 5 and by adding Section 10 as | 6 | | follows: | 7 | | (410 ILCS 710/5)
| 8 | | Sec. 5. Needle and hypodermic syringe access program. | 9 | | (a) Any governmental or nongovernmental organization, | 10 | | including a local health department, community-based | 11 | | organization, or a person or entity, that promotes | 12 | | scientifically proven ways of mitigating health risks | 13 | | associated with drug use and other high-risk behaviors may | 14 | | establish and operate a needle and hypodermic syringe access | 15 | | program. The objective of the program shall be accomplishing | 16 | | all of the following: | 17 | | (1) reducing the spread of HIV, AIDS, viral hepatitis, | 18 | | and other bloodborne diseases; | 19 | | (2) reducing the potential for needle stick injuries | 20 | | from discarded contaminated equipment; and | 21 | | (3) facilitating connections or linkages to | 22 | | evidence-based treatment.
| 23 | | (b) Programs established under this Act shall provide all |
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| 1 | | of the following: | 2 | | (1) Disposal of used needles and hypodermic syringes. | 3 | | (2) Needles, hypodermic syringes, and other safer drug | 4 | | consumption supplies, at no cost and in quantities | 5 | | sufficient to ensure that needles, hypodermic syringes, or | 6 | | other supplies are not shared or reused. | 7 | | (3) Educational materials or training on: | 8 | | (A) overdose prevention and intervention; and | 9 | | (B) the prevention of HIV, AIDS, viral hepatitis, | 10 | | and other common bloodborne diseases resulting from | 11 | | shared drug consumption equipment and supplies. | 12 | | (4) Access to opioid antagonists approved for the | 13 | | reversal of an opioid overdose, or referrals to programs | 14 | | that provide access to opioid antagonists approved for the | 15 | | reversal of an opioid overdose.
| 16 | | (5) Linkages to needed services, including mental | 17 | | health treatment, housing programs, substance use disorder | 18 | | treatment, and other relevant community services. | 19 | | (6) Individual consultations from a trained employee | 20 | | tailored to individual needs. | 21 | | (7) If feasible, a hygienic, separate space for | 22 | | individuals who need to administer a prescribed injectable | 23 | | medication that can also be used as a quiet space to gather | 24 | | composure in the event of an adverse on-site incident, | 25 | | such as a nonfatal overdose. | 26 | | (8) If feasible, access to on-site drug adulterant |
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| 1 | | testing supplies such as reagents, test strips, or | 2 | | quantification instruments that provide critical real-time | 3 | | information on the composition of substances obtained for | 4 | | consumption . | 5 | | (c) Notwithstanding any provision of the Illinois | 6 | | Controlled Substances Act, the Drug Paraphernalia Control Act, | 7 | | or any other law, no employee or volunteer of or participant in | 8 | | a program established under this Act shall be charged with or | 9 | | prosecuted for possession of any of the following: | 10 | | (1) Needles, hypodermic syringes, or other drug | 11 | | consumption paraphernalia obtained from or returned, | 12 | | directly or indirectly, to a program established under | 13 | | this Act. | 14 | | (2) Residual amounts of a controlled substance | 15 | | contained in used needles, used hypodermic syringes, or | 16 | | other used drug consumption paraphernalia obtained from or | 17 | | returned, directly or indirectly, to a program established | 18 | | under this Act. | 19 | | (3) Drug adulterant testing supplies such as reagents, | 20 | | test strips, or quantification instruments obtained from | 21 | | or returned, directly or indirectly, to a program | 22 | | established under this Act or a pharmacy, hospital, | 23 | | clinic, or other health care facility or medical office | 24 | | dispensing drug adulterant testing supplies in accordance | 25 | | with Section 10. This paragraph also applies to any | 26 | | employee or customer of a pharmacy, hospital, clinic, or |
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| 1 | | other health care facility or medical office dispensing | 2 | | drug adulterant testing supplies in accordance with | 3 | | Section 10 . | 4 | | (4) Any residual amounts of controlled substances used | 5 | | in the course of testing the controlled substance to | 6 | | determine the chemical composition and potential threat of | 7 | | the substances obtained for consumption that are obtained | 8 | | from or returned, directly or indirectly, to a program | 9 | | established under this Act.
This paragraph also applies to | 10 | | any person using drug adulterant testing supplies procured | 11 | | in accordance with Section 10 of this Act. | 12 | | In addition to any other applicable immunity or limitation | 13 | | on civil liability, a law enforcement officer who, acting on | 14 | | good faith, arrests or charges a person who is thereafter | 15 | | determined to be entitled to immunity from prosecution under | 16 | | this subsection (c) shall not be subject to civil liability | 17 | | for the arrest or filing of charges. | 18 | | (d) Prior to the commencing of operations of a program | 19 | | established under this Act, the governmental or | 20 | | nongovernmental organization shall submit to the Illinois | 21 | | Department of Public Health all of the following information: | 22 | | (1) the name of the organization, agency, group, | 23 | | person, or entity operating the program; | 24 | | (2) the areas and populations to be served by the | 25 | | program; and | 26 | | (3) the methods by which the program will meet the |
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| 1 | | requirements of subsection (b) of this Section. | 2 | | The Department of Public Health may adopt rules to | 3 | | implement this subsection.
| 4 | | (Source: P.A. 101-356, eff. 8-9-19.) | 5 | | (410 ILCS 710/10 new) | 6 | | Sec. 10. Dispensing of drug adulterant testing supplies. A | 7 | | pharmacist, physician, advanced practice registered nurse, or | 8 | | physician assistant, or the pharmacist's, physician's, | 9 | | advanced practice registered nurse's, or physician assistant's | 10 | | designee, may dispense drug adulterant testing supplies to any | 11 | | person. Any drug adulterant testing supplies dispensed under | 12 | | this Section must be stored at a licensed pharmacy, hospital, | 13 | | clinic, or other health care facility or at the medical office | 14 | | of a physician, advanced practice registered nurse, or | 15 | | physician assistant and in a manner that limits access to the | 16 | | drug adulterant testing supplies to pharmacists, physicians, | 17 | | advanced practice registered nurses, or physician assistants | 18 | | employed at the pharmacy, hospital, clinic, or other health | 19 | | care facility or medical office and any persons designated by | 20 | | the pharmacist, physician, advanced practice registered nurse, | 21 | | or physician assistant. Drug adulterant testing supplies | 22 | | dispensed at a retail store containing a pharmacy under this | 23 | | Section may be dispensed only from the pharmacy department of | 24 | | the retail store. No quantity of drug adulterant testing | 25 | | supplies greater than necessary to conduct 5 assays of |
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| 1 | | substances suspected of containing adulterants shall be | 2 | | dispensed in any single transaction.
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law. |
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