Illinois General Assembly - Full Text of HB4556
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Full Text of HB4556  102nd General Assembly

HB4556 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4556

 

Introduced 1/21/2022, by Rep. Will Guzzardi

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 710/5
410 ILCS 710/10 new
410 ILCS 710/15 new
410 ILCS 710/20 new

    Amends the Overdose Prevention and Harm Reduction Act. Provides that a pharmacist or physician may dispense drug adulterant testing supplies, such as reagents, test strips, or quantification instruments, to any person. Provides that no employee or volunteer of or participant in a program established under the Act or any employee or customer of a pharmacy, hospital, clinic, or other health care facility or medical office dispensing drug adulterant testing supplies in accordance with the Act shall be charged with or prosecuted for possession of specified materials. Provides that a law enforcement officer who, acting on good faith, arrests or charges a person who is thereafter determined to be entitled to immunity from prosecution shall not be subject to civil liability for the arrest or filing of charges. Provides that any record of a person that is created or obtained for use by a needle and hypodermic syringe access program or by a pharmacy, hospital, clinic, or other health care facility or medical office in connection with the dispensing of drug adulterant testing supplies must be kept confidential. Contains other provisions. Effective immediately.


LRB102 23790 CPF 33826 b

 

 

A BILL FOR

 

HB4556LRB102 23790 CPF 33826 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 Overdose Prevention and Harm Reduction Act
5is amended by changing Section 5 and by adding Sections 10, 15,
6and 20 as follows:
 
7    (410 ILCS 710/5)
8    Sec. 5. Needle and hypodermic syringe access program.
9    (a) Any governmental or nongovernmental organization,
10including a local health department, community-based
11organization, or a person or entity, that promotes
12scientifically proven ways of mitigating health risks
13associated with drug use and other high-risk behaviors may
14establish and operate a needle and hypodermic syringe access
15program. The objective of the program shall be accomplishing
16all 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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1of 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

 

 

HB4556- 3 -LRB102 23790 CPF 33826 b

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) (Blank). Notwithstanding any provision of the Illinois
6Controlled Substances Act, the Drug Paraphernalia Control Act,
7or any other law, no employee or volunteer of or participant in
8a program established under this Act shall be charged with or
9prosecuted 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.
23        (4) Any residual amounts of controlled substances used
24    in the course of testing the controlled substance to
25    determine the chemical composition and potential threat of
26    the substances obtained for consumption that are obtained

 

 

HB4556- 4 -LRB102 23790 CPF 33826 b

1    from or returned, directly or indirectly, to a program
2    established under this Act.
3    In addition to any other applicable immunity or limitation
4on civil liability, a law enforcement officer who, acting on
5good faith, arrests or charges a person who is thereafter
6determined to be entitled to immunity from prosecution under
7this subsection (c) shall not be subject to civil liability
8for the arrest or filing of charges.
9    (d) Prior to the commencing of operations of a program
10established under this Act, the governmental or
11nongovernmental organization shall submit to the Illinois
12Department of Public Health all of the following information:
13        (1) the name of the organization, agency, group,
14    person, or entity operating the program;
15        (2) the areas and populations to be served by the
16    program; and
17        (3) the methods by which the program will meet the
18    requirements of subsection (b) of this Section.
19    The Department of Public Health may adopt rules to
20implement this subsection.
21(Source: P.A. 101-356, eff. 8-9-19.)
 
22    (410 ILCS 710/10 new)
23    Sec. 10. Dispensing of drug adulterant testing supplies. A
24pharmacist or physician may dispense drug adulterant testing
25supplies such as reagents, test strips, or quantification

 

 

HB4556- 5 -LRB102 23790 CPF 33826 b

1instruments to any person. Drug adulterant testing supplies
2dispensed under this Section must be stored at a pharmacy,
3hospital, clinic, or other health care facility licensed under
4State or federal law or at the medical office of a physician
5and in a manner that limits access to the drug adulterant
6testing supplies to pharmacists and physicians employed at the
7pharmacy, hospital, clinic, or other health care facility,
8medical office, and any person designated by the pharmacist or
9physician. Drug adulterant testing supplies dispensed under
10this Section at a retail store containing a pharmacy may be
11dispensed only from the pharmacy department of the retail
12store.
 
13    (410 ILCS 710/15 new)
14    Sec. 15. Waiver of criminal penalties. Notwithstanding any
15provision of the Illinois Controlled Substances Act, the Drug
16Paraphernalia Control Act, or any other law, no employee or
17volunteer of or participant in a program established under
18this Act or any employee or customer of a pharmacy, hospital,
19clinic, or other health care facility or medical office
20dispensing drug adulterant testing supplies in accordance with
21Section 10 of this Act shall be charged with or prosecuted for
22possession of any of the following:
23        (1) Needles, hypodermic syringes, or other drug
24    consumption paraphernalia obtained from or returned,
25    directly or indirectly, to a program established under

 

 

HB4556- 6 -LRB102 23790 CPF 33826 b

1    this Act.
2        (2) Residual amounts of a controlled substance
3    contained in used needles, used hypodermic syringes, or
4    other used drug consumption paraphernalia obtained from or
5    returned, directly or indirectly, to a program established
6    under this Act.
7        (3) Drug adulterant testing supplies such as reagents,
8    test strips, or quantification instruments obtained from
9    or returned, directly or indirectly, to a program
10    established under this Act or a pharmacy, hospital,
11    clinic, or other health care facility or medical office
12    dispensing such drug adulterant testing supplies in
13    accordance with Section 10.
14        (4) Residual amounts of a controlled substance used in
15    the course of testing the controlled substance to
16    determine the chemical composition and potential threat of
17    the substance obtained for consumption that is obtained
18    from or returned, directly or indirectly, to a program
19    established under this Act.
20    In addition to any other applicable immunity or limitation
21on civil liability, a law enforcement officer who, acting on
22good faith, arrests or charges a person who is thereafter
23determined to be entitled to immunity from prosecution under
24this Section shall not be subject to civil liability for the
25arrest or filing of charges.
 

 

 

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1    (410 ILCS 710/20 new)
2    Sec. 20. Confidentiality.
3    (a) Any record of a person that is created or obtained for
4use by a needle and hypodermic syringe access program or by a
5pharmacy, hospital, clinic, or other health care facility or
6medical office in connection with the dispensing of drug
7adulterant testing supplies in accordance with Section 10 must
8be kept confidential and:
9        (1) is not open for public inspection or disclosure;
10        (2) must not be shared with any other person or entity
11    without the consent of the person to whom the record
12    relates; and
13        (3) is not discoverable or admissible during any legal
14    proceeding.
15    (b) A record described in subsection (a) must not be used:
16        (1) to initiate or substantiate any criminal charge
17    against a person who participates in the needle and
18    hypodermic syringe access program or who obtains drug
19    adulterant testing supplies from a pharmacy, hospital,
20    clinic, or other health care facility or medical office in
21    accordance with Section 10; or
22        (2) as grounds for conducting any investigation of a
23    person who participates in the needle and hypodermic
24    syringe access program or who obtains drug adulterant
25    testing supplies from a pharmacy, hospital, clinic, or
26    other health care facility or medical office in accordance

 

 

HB4556- 8 -LRB102 23790 CPF 33826 b

1    with Section 10.
2    (c) The staff and volunteers of a needle and hypodermic
3syringe access program or a pharmacy, hospital, clinic, or
4other health care facility or medical office dispensing drug
5adulterant testing supplies in accordance with Section 10
6shall not be compelled to provide evidence in any criminal
7proceeding conducted pursuant to the laws of this State
8concerning any information that was entrusted to them or
9became known to them through the program or through the
10dispensing.
11    (d) The use of any personal information of (i) any person
12who participates in a needle and hypodermic syringe access
13program or obtains drug adulterant testing supplies from a
14pharmacy, hospital, clinic, or other health care facility or
15medical office in accordance with Section 10, or (ii) the
16staff or volunteers of the needle and hypodermic syringe
17access program or the pharmacy, hospital, clinic, or other
18health care facility or medical office, in research and
19evaluation, must be done in such a manner as to guarantee the
20anonymity of the person.
21    (e) Aggregate data from a needle and hypodermic syringe
22access program, including, without limitation, demographic
23information, the number of clients contacted, and the types of
24referrals may be made available to the public.
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.