Illinois General Assembly - Full Text of SB3350
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Full Text of SB3350  103rd General Assembly



SB3350 EnrolledLRB103 38262 CES 68397 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Substance Use Disorder Act is amended by
5changing Section 5-23 as follows:
6    (20 ILCS 301/5-23)
7    Sec. 5-23. Drug Overdose Prevention Program.
8    (a) Reports.
9        (1) The Department may publish annually a report on
10    drug overdose trends statewide that reviews State death
11    rates from available data to ascertain changes in the
12    causes or rates of fatal and nonfatal drug overdose. The
13    report shall also provide information on interventions
14    that would be effective in reducing the rate of fatal or
15    nonfatal drug overdose and on the current substance use
16    disorder treatment capacity within the State. The report
17    shall include an analysis of drug overdose information
18    reported to the Department of Public Health pursuant to
19    subsection (e) of Section 3-3013 of the Counties Code,
20    Section 6.14g of the Hospital Licensing Act, and
21    subsection (j) of Section 22-30 of the School Code.
22        (2) The report may include:
23            (A) Trends in drug overdose death rates.



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1            (B) Trends in emergency room utilization related
2        to drug overdose and the cost impact of emergency room
3        utilization.
4            (C) Trends in utilization of pre-hospital and
5        emergency services and the cost impact of emergency
6        services utilization.
7            (D) Suggested improvements in data collection.
8            (E) A description of other interventions effective
9        in reducing the rate of fatal or nonfatal drug
10        overdose.
11            (F) A description of efforts undertaken to educate
12        the public about unused medication and about how to
13        properly dispose of unused medication, including the
14        number of registered collection receptacles in this
15        State, mail-back programs, and drug take-back events.
16            (G) An inventory of the State's substance use
17        disorder treatment capacity, including, but not
18        limited to:
19                (i) The number and type of licensed treatment
20            programs in each geographic area of the State.
21                (ii) The availability of medication-assisted
22            treatment at each licensed program and which types
23            of medication-assisted treatment are available.
24                (iii) The number of recovery homes that accept
25            individuals using medication-assisted treatment in
26            their recovery.



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1                (iv) The number of medical professionals
2            currently authorized to prescribe buprenorphine
3            and the number of individuals who fill
4            prescriptions for that medication at retail
5            pharmacies as prescribed.
6                (v) Any partnerships between programs licensed
7            by the Department and other providers of
8            medication-assisted treatment.
9                (vi) Any challenges in providing
10            medication-assisted treatment reported by programs
11            licensed by the Department and any potential
12            solutions.
13    (b) Programs; drug overdose prevention.
14        (1) The Department may establish a program to provide
15    for the production and publication, in electronic and
16    other formats, of drug overdose prevention, recognition,
17    and response literature. The Department may develop and
18    disseminate curricula for use by professionals,
19    organizations, individuals, or committees interested in
20    the prevention of fatal and nonfatal drug overdose,
21    including, but not limited to, drug users, jail and prison
22    personnel, jail and prison inmates, drug treatment
23    professionals, emergency medical personnel, hospital
24    staff, families and associates of drug users, peace
25    officers, firefighters, public safety officers, needle
26    exchange program staff, and other persons. In addition to



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1    information regarding drug overdose prevention,
2    recognition, and response, literature produced by the
3    Department shall stress that drug use remains illegal and
4    highly dangerous and that complete abstinence from illegal
5    drug use is the healthiest choice. The literature shall
6    provide information and resources for substance use
7    disorder treatment.
8        The Department may establish or authorize programs for
9    prescribing, dispensing, or distributing opioid
10    antagonists for the treatment of drug overdose and for
11    dispensing and distributing fentanyl test strips to
12    further promote harm reduction efforts and prevent an
13    overdose. Such programs may include the prescribing of
14    opioid antagonists for the treatment of drug overdose to a
15    person who is not at risk of opioid overdose but who, in
16    the judgment of the health care professional, may be in a
17    position to assist another individual during an
18    opioid-related drug overdose and who has received basic
19    instruction on how to administer an opioid antagonist.
20        (2) The Department may provide advice to State and
21    local officials on the growing drug overdose crisis,
22    including the prevalence of drug overdose incidents,
23    programs promoting the disposal of unused prescription
24    drugs, trends in drug overdose incidents, and solutions to
25    the drug overdose crisis.
26        (3) The Department may support drug overdose



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1    prevention, recognition, and response projects by
2    facilitating the acquisition of opioid antagonist
3    medication approved for opioid overdose reversal,
4    facilitating the acquisition of opioid antagonist
5    medication approved for opioid overdose reversal,
6    providing trainings in overdose prevention best practices,
7    facilitating the acquisition of fentanyl test strips to
8    test for the presence of fentanyl, a fentanyl analog, or a
9    drug adulterant within a controlled substance, connecting
10    programs to medical resources, establishing a statewide
11    standing order for the acquisition of needed medication,
12    establishing learning collaboratives between localities
13    and programs, and assisting programs in navigating any
14    regulatory requirements for establishing or expanding such
15    programs.
16        (4) In supporting best practices in drug overdose
17    prevention programming, the Department may promote the
18    following programmatic elements:
19            (A) Training individuals who currently use drugs
20        in the administration of opioid antagonists approved
21        for the reversal of an opioid overdose and in the use
22        of fentanyl test strips to test for the presence of
23        fentanyl, a fentanyl analog, or a drug adulterant
24        within a controlled substance.
25            (B) Directly distributing opioid antagonists
26        approved for the reversal of an opioid overdose rather



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1        than providing prescriptions to be filled at a
2        pharmacy.
3            (B-1) Directly distributing fentanyl test strips
4        to test for the presence of fentanyl, a fentanyl
5        analog, or a drug adulterant within a controlled
6        substance.
7            (C) Conducting street and community outreach to
8        work directly with individuals who are using drugs.
9            (D) Employing community health workers or peer
10        recovery specialists who are familiar with the
11        communities served and can provide culturally
12        competent services.
13            (E) Collaborating with other community-based
14        organizations, substance use disorder treatment
15        centers, or other health care providers engaged in
16        treating individuals who are using drugs.
17            (F) Providing linkages for individuals to obtain
18        evidence-based substance use disorder treatment.
19            (G) Engaging individuals exiting jails or prisons
20        who are at a high risk of overdose.
21            (H) Providing education and training to
22        community-based organizations who work directly with
23        individuals who are using drugs and those individuals'
24        families and communities.
25            (I) Providing education and training on drug
26        overdose prevention and response to emergency



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1        personnel and law enforcement.
2            (J) Informing communities of the important role
3        emergency personnel play in responding to accidental
4        overdose.
5            (K) Producing and distributing targeted mass media
6        materials on drug overdose prevention and response,
7        the potential dangers of leaving unused prescription
8        drugs in the home, and the proper methods for
9        disposing of unused prescription drugs.
10    (c) Grants.
11        (1) The Department may award grants, in accordance
12    with this subsection, to create or support local drug
13    overdose prevention, recognition, and response projects.
14    Local health departments, correctional institutions,
15    hospitals, universities, community-based organizations,
16    and faith-based organizations may apply to the Department
17    for a grant under this subsection at the time and in the
18    manner the Department prescribes. Eligible grant
19    activities include, but are not limited to, purchasing and
20    distributing opioid antagonists and fentanyl test strips,
21    hiring peer recovery specialists or other community
22    members to conduct community outreach, and hosting public
23    health fairs or events to distribute opioid antagonists
24    and fentanyl test strips, promote harm reduction
25    activities, and provide linkages to community partners.
26        (2) In awarding grants, the Department shall consider



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1    the overall rate of opioid overdose, the rate of increase
2    in opioid overdose, and racial disparities in opioid
3    overdose experienced by the communities to be served by
4    grantees. The Department shall encourage all grant
5    applicants to develop interventions that will be effective
6    and viable in their local areas.
7        (3) (Blank).
8        (3.5) Any hospital licensed under the Hospital
9    Licensing Act or organized under the University of
10    Illinois Hospital Act shall be deemed to have met the
11    standards and requirements set forth in this Section to
12    enroll in the drug overdose prevention program upon
13    completion of the enrollment process except that proof of
14    a standing order and attestation of programmatic
15    requirements shall be waived for enrollment purposes.
16    Reporting mandated by enrollment shall be necessary to
17    carry out or attain eligibility for associated resources
18    under this Section for drug overdose prevention projects
19    operated on the licensed premises of the hospital and
20    operated by the hospital or its designated agent. The
21    Department shall streamline hospital enrollment for drug
22    overdose prevention programs by accepting such deemed
23    status under this Section in order to reduce barriers to
24    hospital participation in drug overdose prevention,
25    recognition, or response projects. Subject to
26    appropriation, any hospital under this paragraph and any



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1    other organization deemed eligible by the Department shall
2    be enrolled to receive fentanyl test strips from the
3    Department and distribute fentanyl test strips upon
4    enrollment in the Drug Overdose Prevention Program.
5        (4) In addition to moneys appropriated by the General
6    Assembly, the Department may seek grants from private
7    foundations, the federal government, and other sources to
8    fund the grants under this Section and to fund an
9    evaluation of the programs supported by the grants.
10    (d) Health care professional prescription of opioid
12        (1) A health care professional who, acting in good
13    faith, directly or by standing order, prescribes or
14    dispenses an opioid antagonist to: (a) a patient who, in
15    the judgment of the health care professional, is capable
16    of administering the drug in an emergency, or (b) a person
17    who is not at risk of opioid overdose but who, in the
18    judgment of the health care professional, may be in a
19    position to assist another individual during an
20    opioid-related drug overdose and who has received basic
21    instruction on how to administer an opioid antagonist
22    shall not, as a result of his or her acts or omissions, be
23    subject to: (i) any disciplinary or other adverse action
24    under the Medical Practice Act of 1987, the Physician
25    Assistant Practice Act of 1987, the Nurse Practice Act,
26    the Pharmacy Practice Act, or any other professional



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1    licensing statute or (ii) any criminal liability, except
2    for willful and wanton misconduct.
3        (1.5) Notwithstanding any provision of or requirement
4    otherwise imposed by the Pharmacy Practice Act, the
5    Medical Practice Act of 1987, or any other law or rule,
6    including, but not limited to, any requirement related to
7    labeling, storage, or recordkeeping, a health care
8    professional or other person acting under the direction of
9    a health care professional may, directly or by standing
10    order, obtain, store, and dispense an opioid antagonist to
11    a patient in a facility that includes, but is not limited
12    to, a hospital, a hospital affiliate, or a federally
13    qualified health center if the patient information
14    specified in paragraph (4) of this subsection is provided
15    to the patient. A person acting in accordance with this
16    paragraph shall not, as a result of his or her acts or
17    omissions, be subject to: (i) any disciplinary or other
18    adverse action under the Medical Practice Act of 1987, the
19    Physician Assistant Practice Act of 1987, the Nurse
20    Practice Act, the Pharmacy Practice Act, or any other
21    professional licensing statute; or (ii) any criminal
22    liability, except for willful and wanton misconduct.
23        (2) A person who is not otherwise licensed to
24    administer an opioid antagonist may in an emergency
25    administer without fee an opioid antagonist if the person
26    has received the patient information specified in



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1    paragraph (4) of this subsection and believes in good
2    faith that another person is experiencing a drug overdose.
3    The person shall not, as a result of his or her acts or
4    omissions, be (i) liable for any violation of the Medical
5    Practice Act of 1987, the Physician Assistant Practice Act
6    of 1987, the Nurse Practice Act, the Pharmacy Practice
7    Act, or any other professional licensing statute, or (ii)
8    subject to any criminal prosecution or civil liability,
9    except for willful and wanton misconduct.
10        (3) A health care professional prescribing an opioid
11    antagonist to a patient shall ensure that the patient
12    receives the patient information specified in paragraph
13    (4) of this subsection. Patient information may be
14    provided by the health care professional or a
15    community-based organization, substance use disorder
16    program, or other organization with which the health care
17    professional establishes a written agreement that includes
18    a description of how the organization will provide patient
19    information, how employees or volunteers providing
20    information will be trained, and standards for documenting
21    the provision of patient information to patients.
22    Provision of patient information shall be documented in
23    the patient's medical record or through similar means as
24    determined by agreement between the health care
25    professional and the organization. The Department, in
26    consultation with statewide organizations representing



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1    physicians, pharmacists, advanced practice registered
2    nurses, physician assistants, substance use disorder
3    programs, and other interested groups, shall develop and
4    disseminate to health care professionals, community-based
5    organizations, substance use disorder programs, and other
6    organizations training materials in video, electronic, or
7    other formats to facilitate the provision of such patient
8    information.
9        (4) For the purposes of this subsection:
10        "Opioid antagonist" means a drug that binds to opioid
11    receptors and blocks or inhibits the effect of opioids
12    acting on those receptors, including, but not limited to,
13    naloxone hydrochloride or any other similarly acting drug
14    approved by the U.S. Food and Drug Administration.
15        "Health care professional" means a physician licensed
16    to practice medicine in all its branches, a licensed
17    physician assistant with prescriptive authority, a
18    licensed advanced practice registered nurse with
19    prescriptive authority, an advanced practice registered
20    nurse or physician assistant who practices in a hospital,
21    hospital affiliate, or ambulatory surgical treatment
22    center and possesses appropriate clinical privileges in
23    accordance with the Nurse Practice Act, or a pharmacist
24    licensed to practice pharmacy under the Pharmacy Practice
25    Act.
26        "Patient" includes a person who is not at risk of



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1    opioid overdose but who, in the judgment of the physician,
2    advanced practice registered nurse, or physician
3    assistant, may be in a position to assist another
4    individual during an overdose and who has received patient
5    information as required in paragraph (2) of this
6    subsection on the indications for and administration of an
7    opioid antagonist.
8        "Patient information" includes information provided to
9    the patient on drug overdose prevention and recognition;
10    how to perform rescue breathing and resuscitation; opioid
11    antagonist dosage and administration; the importance of
12    calling 911; care for the overdose victim after
13    administration of the overdose antagonist; and other
14    issues as necessary.
15    (e) Drug overdose response policy.
16        (1) Every State and local government agency that
17    employs a law enforcement officer or fireman as those
18    terms are defined in the Line of Duty Compensation Act
19    must possess opioid antagonists and must establish a
20    policy to control the acquisition, storage,
21    transportation, and administration of such opioid
22    antagonists and to provide training in the administration
23    of opioid antagonists. A State or local government agency
24    that employs a fireman as defined in the Line of Duty
25    Compensation Act but does not respond to emergency medical
26    calls or provide medical services shall be exempt from



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1    this subsection.
2        (2) Every publicly or privately owned ambulance,
3    special emergency medical services vehicle, non-transport
4    vehicle, or ambulance assist vehicle, as described in the
5    Emergency Medical Services (EMS) Systems Act, that
6    responds to requests for emergency services or transports
7    patients between hospitals in emergency situations must
8    possess opioid antagonists.
9        (3) Entities that are required under paragraphs (1)
10    and (2) to possess opioid antagonists may also apply to
11    the Department for a grant to fund the acquisition of
12    opioid antagonists and training programs on the
13    administration of opioid antagonists.
14(Source: P.A. 101-356, eff. 8-9-19; 102-598, eff. 1-1-22.)
15    Section 10. The Overdose Prevention and Harm Reduction Act
16is amended by changing Section 5 as follows:
17    (410 ILCS 710/5)
18    Sec. 5. Needle and hypodermic syringe access program.
19    (a) Any governmental or nongovernmental organization,
20including a local health department, community-based
21organization, or a person or entity, that promotes
22scientifically proven ways of mitigating health risks
23associated with drug use and other high-risk behaviors may
24establish and operate a needle and hypodermic syringe access



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1program. The objective of the program shall be accomplishing
2all of the following:
3        (1) reducing the spread of HIV, AIDS, viral hepatitis,
4    and other bloodborne diseases;
5        (2) reducing the potential for needle stick injuries
6    from discarded contaminated equipment; and
7        (3) facilitating connections or linkages to
8    evidence-based treatment.
9    (b) Programs established under this Act shall provide all
10of the following:
11        (1) Disposal of used needles and hypodermic syringes.
12        (2) Needles, hypodermic syringes, and other safer drug
13    consumption supplies, at no cost and in quantities
14    sufficient to ensure that needles, hypodermic syringes, or
15    other supplies are not shared or reused.
16        (3) Educational materials or training on:
17            (A) overdose prevention and intervention; and
18            (B) the prevention of HIV, AIDS, viral hepatitis,
19        and other common bloodborne diseases resulting from
20        shared drug consumption equipment and supplies.
21        (4) Access to opioid antagonists approved for the
22    reversal of an opioid overdose, or referrals to programs
23    that provide access to opioid antagonists approved for the
24    reversal of an opioid overdose.
25        (5) Linkages to needed services, including mental
26    health treatment, housing programs, substance use disorder



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1    treatment, and other relevant community services.
2        (6) Individual consultations from a trained employee
3    tailored to individual needs.
4        (7) If feasible, a hygienic, separate space for
5    individuals who need to administer a prescribed injectable
6    medication that can also be used as a quiet space to gather
7    composure in the event of an adverse on-site incident,
8    such as a nonfatal overdose.
9        (8) If feasible, access to on-site drug adulterant
10    testing supplies.
11        (9) If feasible, access to fentanyl test strips to
12    test for the presence of fentanyl, a fentanyl analog, or a
13    drug adulterant within a controlled substance.
14    (c) Notwithstanding any provision of the Illinois
15Controlled Substances Act, the Drug Paraphernalia Control Act,
16or any other law, no employee or volunteer of or participant in
17a program established under this Act shall be charged with or
18prosecuted for possession of any of the following:
19        (1) Needles, hypodermic syringes, or other drug
20    consumption paraphernalia obtained from or returned,
21    directly or indirectly, to a program established under
22    this Act.
23        (2) Residual amounts of a controlled substance
24    contained in used needles, used hypodermic syringes, or
25    other used drug consumption paraphernalia obtained from or
26    returned, directly or indirectly, to a program established



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1    under this Act.
2        (3) Drug adulterant testing supplies obtained from or
3    returned, directly or indirectly, to a program established
4    under this Act or a pharmacy, hospital, clinic, or other
5    health care facility or medical office dispensing drug
6    adulterant testing supplies in accordance with Section 10.
7    This paragraph also applies to any employee or customer of
8    a pharmacy, hospital, clinic, or other health care
9    facility or medical office dispensing drug adulterant
10    testing supplies in accordance with Section 10.
11        (4) Any residual amounts of controlled substances used
12    in the course of testing the controlled substance to
13    determine the chemical composition and potential threat of
14    the substances obtained for consumption that are obtained
15    from or returned, directly or indirectly, to a program
16    established under this Act. This paragraph also applies to
17    any person using drug adulterant testing supplies procured
18    in accordance with Section 10 of this Act.
19    In addition to any other applicable immunity or limitation
20on civil liability, a law enforcement officer who, acting on
21good faith, arrests or charges a person who is thereafter
22determined to be entitled to immunity from prosecution under
23this subsection (c) shall not be subject to civil liability
24for the arrest or filing of charges.
25    (d) Prior to the commencing of operations of a program
26established under this Act, the governmental or



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1nongovernmental organization shall submit to the Illinois
2Department of Public Health all of the following information:
3        (1) the name of the organization, agency, group,
4    person, or entity operating the program;
5        (2) the areas and populations to be served by the
6    program; and
7        (3) the methods by which the program will meet the
8    requirements of subsection (b) of this Section.
9    The Department of Public Health may adopt rules to
10implement this subsection.
11(Source: P.A. 101-356, eff. 8-9-19; 102-1039, eff. 6-2-22.)
12    Section 5. The Overdose Prevention and Harm Reduction Act
13is amended by changing Section 15 as follows:
14    (410 ILCS 710/15)
15    Sec. 15. Fentanyl test strips. To further promote harm
16reduction efforts, a pharmacist or retailer may sell fentanyl
17test strips over-the-counter to the public to test for the
18presence of fentanyl, a fentanyl analog, or a drug adulterant
19within a controlled substance. A county health department may
20distribute fentanyl test strips at the county health
21department facility for no fee.
22(Source: P.A. 103-336, eff. 1-1-24.)