Illinois General Assembly - Full Text of HB0002
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Full Text of HB0002  103rd General Assembly


Rep. La Shawn K. Ford

Filed: 2/22/2023





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2    AMENDMENT NO. ______. Amend House Bill 2 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Substance Use Disorder Act is amended by
5changing Section 15-10 and by adding Section 5-26 as follows:
6    (20 ILCS 301/5-26 new)
7    Sec. 5-26. Harm reduction services.
8    (a) Legislative findings. The General Assembly finds the
10        (1) Illinois is experiencing a growing overdose
11    crisis. According to the Centers for Disease Control and
12    Prevention, over 4,000 Illinoisans died from overdoses
13    between January 2021 and January 2022, a 12.6% increase
14    from the previous year. Most of those preventable deaths
15    involved opioids.
16        (2) A significant reason for the increase in deaths is



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1    a poisoned drug supply, with illicit fentanyl killing
2    people using street-bought substances. With the increasing
3    use of potent fentanyl in the illicit substance supply in
4    Illinois, more lives will continue to be lost.
5        (3) Nearly all witnessed opioid overdoses are
6    reversible with the provision of oxygen, naloxone, and
7    other emergency care. However, many people use drugs alone
8    or use them with people who do not have naloxone and are
9    not trained in overdose response.
10        (4) Overdose prevention sites can save lives. Overdose
11    prevention sites provide individuals with a safe, hygienic
12    space to consume pre-obtained drugs and access to other
13    harm reduction, treatment, recovery, and ancillary support
14    services.
15        (5) The goals of overdose prevention sites are:
16            (A) Saving lives by quickly providing emergency
17        care to persons experiencing an overdose.
18            (B) Reducing the spread of infectious diseases,
19        such as AIDS and hepatitis.
20            (C) Reducing public injection of substances and
21        discarded syringes in surrounding areas.
22            (D) Linking those with substance use disorders to
23        behavioral and physical health supports.
24    (b) Definitions. As used in this Section:
25    "Harm reduction" means a philosophical framework and set
26of strategies designed to reduce harm and promote dignity and



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1well-being among persons and communities who engage in
2substance use.
3    "Overdose prevention sites" or "OPS" means hygienic
4locations where individuals may safely consume pre-obtained
6    (c) Overdose prevention sites; licensure. The Department
7shall develop a pilot program aimed at saving the lives of
8people who use substances that shall include the establishment
9of at least one overdose prevention site. The pilot overdose
10prevention sites shall be exempt from the intervention
11licensure requirements under Section 15-10 for harm reduction
12services until the Department has adopted rules for harm
13reduction services. Overdose prevention sites shall offer
14people who are most likely to use drugs in public, unobserved,
15high-risk, and unsanitary locations a safe space to use
16pre-obtained substances and to connect with community supports
17or other existing treatment and recovery programs, harm
18reduction services, and health care.
19    (d) Pilot overdose prevention sites shall abide by the
20following principles:
21        (1) Nothing About Us Without Us: OPS programs and
22    services shall be formulated with transparency, community
23    involvement, and direct input by people who use
24    substances.
25        (2) Equity: OPS staff and programs shall provide equal
26    support, services, and resources to all participants and



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1    ensure accessibility to the greatest extent possible.
2        (3) Harm Reduction: OPS programs and services shall
3    prioritize individual dignity and autonomy in
4    decision-making while encouraging people to reduce
5    high-risk behaviors.
6        (4) OPS programs and services shall affirm the
7    humanity and dignity of people who use substances and
8    shall be operated in a way that is safe, clean, inclusive,
9    and welcoming to reduce stigma and build trust.
10        (5) OPS programs and services shall prioritize
11    relationship-building and trust among staff and
12    participants in order to create safe spaces and provide
13    increased opportunities to connect with additional
14    services that promote health and well-being.
15    (e) Staffing.
16        (1) OPS staff, at a minimum, shall consist of trained
17    peers with lived experience of substance use or overdose,
18    along with other necessary professionals such as community
19    health workers, behavioral health professionals,
20    physicians, nurses, or medical personnel who have been
21    trained in overdose responses.
22        (2) A majority of the OPS staff shall include peers.
23        (3) Staffing decisions must ensure that participants
24    utilize the service, feel safe, and are connected to
25    resources.
26        (4) The Department may not prohibit persons with



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1    criminal records from frontline, management, or executive
2    positions within entities that operate an overdose
3    prevention site.
4    (f) Location. Pilot overdose prevention sites shall be
5established in physical locations with high need determined by
6rates of overdoses and substance use; and as a natural
7development or extension of existing harm reduction and
8outreach programming. Priority shall be given to communities
9that have the highest number of fatal and non-fatal overdoses
10as determined by public health data from the Department of
11Public Health. Pilot overdose prevention sites shall
12specifically target high-risk and socially marginalized drug
13users in a municipality with a population greater than
142,000,000, not to exceed 12 months from implementation.
15    (g) Pilot OPS features. An overdose prevention site shall
16at a minimum:
17        (1) provide a hygienic space where participants may
18    consume their pre-obtained substances;
19        (2) administer first aid, if needed, and monitor
20    participants for potential overdose;
21        (3) provide sterile injection or other substance use
22    supplies, collect used hypodermic needles and syringes,
23    provide secure hypodermic needle and syringe disposal
24    services;
25        (4) provide access to naloxone or naloxone nasal
26    spray;



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1        (5) ensure confidentiality of OPS participants by
2    using an anonymous unique identifier;
3        (6) provide education on safe consumption practices,
4    proper disposal of hypodermic needles and syringes, and
5    overdose prevention, including written information in, at
6    a minimum, the 4 most commonly spoken languages in the
7    State as determined by the Department;
8        (7) provide referrals to substance use disorder and
9    mental health treatment services, medication-assisted
10    treatment or recovery services, recovery support services,
11    medical services, job training and placement services, and
12    other services that address social determinants of health;
13        (8) provide wound kits;
14        (9) offer a space on-site for participants to stay
15    safely sheltered and supervised after consuming
16    substances; and
17        (10) provide adequate staffing by health care
18    professionals or other trained staff.
19    (h) Other OPS program designs and implementation shall be
20informed by the target community.
21    (i) The Department may approve an entity to operate a
22pilot program in one or more jurisdictions upon satisfaction
23of the requirements set forth in this Section. The Department
24shall establish standards for program approval and training.
25    (j) Notwithstanding the Illinois Controlled Substances
26Act, the Drug Paraphernalia Control Act, or any other



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1provision of law to the contrary, the following persons shall
2not be arrested, charged, or prosecuted for any criminal
3offense or be subject to any civil or administrative penalty,
4including seizure or forfeiture of assets or real property or
5disciplinary action by a professional licensing board, or be
6denied any right or privilege, solely for participation or
7involvement in a program approved by the Department under this
9        (1) any individual who seeks to utilize, utilizes, or
10    has utilized services provided at an overdose prevention
11    site established in accordance with this Section;
12        (2) a staff member or administrator of an overdose
13    prevention site, including a healthcare professional,
14    manager, employee, or volunteer; and
15        (3) an individual who owns real property at which an
16    overdose prevention site is located or operates.
17    (20 ILCS 301/15-10)
18    Sec. 15-10. Licensure categories and services. No person,
19entity, or program may provide the services or conduct the
20activities described in this Section without first obtaining a
21license therefor from the Department, unless otherwise
22exempted under this Act. The Department shall, by rule,
23provide requirements for each of the following types of
24licenses and categories of service:
25        (a) Treatment: Categories of service authorized by a



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1    treatment license are Early Intervention, Outpatient,
2    Intensive Outpatient/Partial Hospitalization, Subacute
3    Residential/Inpatient, and Withdrawal Management.
4    Medication assisted treatment that includes methadone used
5    for an opioid use disorder can be licensed as an adjunct to
6    any of the treatment levels of care specified in this
7    Section.
8        (b) Intervention: Categories of service authorized by
9    an intervention license are DUI Evaluation, DUI Risk
10    Education, Designated Program, Harm Reduction Services,
11    and Recovery Homes for persons in any stage of recovery
12    from a substance use disorder.
13    The Department may, under procedures established by rule
14and upon a showing of good cause for such, exempt off-site
15services from having to obtain a separate license for services
16conducted away from the provider's licensed location.
17(Source: P.A. 100-759, eff. 1-1-19.)".