Full Text of HB0110 102nd General Assembly
HB0110ham002 102ND GENERAL ASSEMBLY | Rep. La Shawn K. Ford Filed: 2/18/2022
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| 1 | | AMENDMENT TO HOUSE BILL 110
| 2 | | AMENDMENT NO. ______. Amend House Bill 110, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Substance Use Disorder Act is amended by | 6 | | adding Section 5-26 as follows: | 7 | | (20 ILCS 301/5-26 new) | 8 | | Sec. 5-26. Safe consumption and overdose prevention | 9 | | services. | 10 | | (a) Definitions. As used in this Section: | 11 | | "Department" means the Department of Human Services. | 12 | | "Entity" means any community-based organization that | 13 | | provides educational, health, harm reduction, housing, or | 14 | | social services and any hospital, medical clinic or office, | 15 | | health center, nursing care facility, mental health facility, | 16 | | or other similar entity that provides medical care. |
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| 1 | | "Participant" means an individual who seeks to utilize, | 2 | | utilizes, or has used a pilot program established under this | 3 | | Section. | 4 | | "Pilot program" means a safer consumption and overdose | 5 | | services pilot program established under this Section. | 6 | | (b) Pilot program approval. | 7 | | (1) Notwithstanding the Illinois Controlled Substances | 8 | | Act, the Drug Paraphernalia Control Act, or any other | 9 | | provision of law to the contrary, the Department may | 10 | | approve an entity to operate a pilot program in one or more | 11 | | jurisdictions upon satisfaction of the requirements set | 12 | | forth under paragraph (4). The Department shall establish | 13 | | standards for pilot program approval and training and | 14 | | shall adopt any rules that are necessary to license and | 15 | | monitor the pilot program. | 16 | | (2) The Department shall establish a new intervention | 17 | | license category entitled Harm Reduction Services and | 18 | | shall approve or deny an application for a Harm Reduction | 19 | | Services
license in accordance with Section 15-10 of this | 20 | | Act and as established by rule. | 21 | | (3) An entity may make an application for a Harm | 22 | | Reduction Services
license at any time, regardless of | 23 | | previous
applications. | 24 | | (4) The Department may approve a pilot program
under | 25 | | this Section upon submission of an application, on a form | 26 | | prescribed by the Department,
demonstrating that the |
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| 1 | | entity shall, at a minimum: | 2 | | (A) provide a hygienic space where participants | 3 | | may consume their pre-obtained drugs; | 4 | | (B) provide adequate staffing by health care | 5 | | professionals or other trained staff; | 6 | | (C) provide sterile injection supplies, collect | 7 | | used hypodermic needles and syringes, provide secure
| 8 | | hypodermic needle and syringe disposal services, and | 9 | | may provide other drug using supplies that reduce | 10 | | harm; | 11 | | (D) provide education on safe consumption | 12 | | practices, proper disposal of hypodermic needles and | 13 | | syringes, and overdose prevention, including written | 14 | | information in, at a minimum, the 4 most commonly | 15 | | spoken languages in the State as determined by the | 16 | | Department; | 17 | | (E) administer first aid, if needed, and monitor | 18 | | participants for potential overdose; | 19 | | (F) provide referrals to substance use disorder | 20 | | treatment, recovery support services, medical,
| 21 | | services that address social determinants of health, | 22 | | and employment and training services; | 23 | | (G) educate participants on the risks of | 24 | | contracting
infectious diseases and provide sexual | 25 | | health
resources and supplies, including, but not | 26 | | limited to, condoms for male and female sex organs; |
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| 1 | | (H) provide participants access to naloxone; | 2 | | (I) provide reasonable and adequate security for | 3 | | the pilot program site and equipment; | 4 | | (J) ensure confidentiality of pilot program | 5 | | participants by using an anonymous unique identifier; | 6 | | (K) train staff members to deliver services | 7 | | offered by the pilot program or attend training | 8 | | provided by the Department, if required; | 9 | | (L) establish operating procedures for the pilot | 10 | | program and eligibility criteria for pilot program | 11 | | participants, if not predetermined by the Department; | 12 | | (M) be designated as or collaborate with an | 13 | | authorized needle and hypodermic syringe access | 14 | | program under the Overdose Prevention and Harm | 15 | | Reduction Act; and | 16 | | (N) operate the pilot program for no more than 3 | 17 | | years. | 18 | | (c) Reporting. An entity operating a pilot program under | 19 | | this Section shall provide a report to the Department, within | 20 | | the time frame specified by the Department, that shall | 21 | | include: | 22 | | (1) the number of pilot program participants; | 23 | | (2) aggregate information regarding the | 24 | | characteristics of pilot program participants; | 25 | | (3) the number of hypodermic needles, syringes, and | 26 | | harm reduction supplies
distributed for use on-site; |
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| 1 | | (4) the number of overdoses experienced and the number | 2 | | of overdoses reversed on-site; | 3 | | (5) the number of individuals directly and formally | 4 | | referred to other services and the type of service; | 5 | | (6) the number of significant incidents, as defined by | 6 | | the Department, during the specified time frame; and | 7 | | (7) the number of ancillary services provided to | 8 | | family members and the public, including, but not limited | 9 | | to, socials service referrals and educational services. | 10 | | (d) Immunity provided. Notwithstanding the Illinois | 11 | | Controlled Substances Act, the Drug Paraphernalia Control Act, | 12 | | or any other provision of law to the contrary, the following | 13 | | persons shall not be arrested, charged, or prosecuted for any | 14 | | criminal offense or be subject to any civil or administrative | 15 | | penalty, including seizure or forfeiture of assets or real | 16 | | property or disciplinary action by a professional licensing | 17 | | board, or be denied any right or privilege, solely for | 18 | | participation or involvement in a pilot program approved by | 19 | | the Department under this Section: | 20 | | (1) a pilot program participant; | 21 | | (2) a staff member or administrator of a pilot | 22 | | program, including a health care professional, manager, | 23 | | employee,
or volunteer; and | 24 | | (3) a property owner who owns real property at which a
| 25 | | pilot program is located and operates. ".
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