Full Text of SB3350 103rd General Assembly
SB3350sam001 103RD GENERAL ASSEMBLY | Sen. Laura Ellman Filed: 3/8/2024 | | 10300SB3350sam001 | | LRB103 38262 RPS 70740 a |
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| 1 | | AMENDMENT TO SENATE BILL 3350
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3350 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Substance Use Disorder Act is amended by | 5 | | changing 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 |
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| 1 | | shall include an analysis of drug overdose information | 2 | | reported to the Department of Public Health pursuant to | 3 | | subsection (e) of Section 3-3013 of the Counties Code, | 4 | | Section 6.14g of the Hospital Licensing Act, and | 5 | | subsection (j) of Section 22-30 of the School Code. | 6 | | (2) The report may include: | 7 | | (A) Trends in drug overdose death rates. | 8 | | (B) Trends in emergency room utilization related | 9 | | to drug overdose and the cost impact of emergency room | 10 | | utilization. | 11 | | (C) Trends in utilization of pre-hospital and | 12 | | emergency services and the cost impact of emergency | 13 | | services utilization. | 14 | | (D) Suggested improvements in data collection. | 15 | | (E) A description of other interventions effective | 16 | | in reducing the rate of fatal or nonfatal drug | 17 | | overdose. | 18 | | (F) A description of efforts undertaken to educate | 19 | | the public about unused medication and about how to | 20 | | properly dispose of unused medication, including the | 21 | | number of registered collection receptacles in this | 22 | | State, mail-back programs, and drug take-back events. | 23 | | (G) An inventory of the State's substance use | 24 | | disorder treatment capacity, including, but not | 25 | | limited to: | 26 | | (i) The number and type of licensed treatment |
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| 1 | | programs in each geographic area of the State. | 2 | | (ii) The availability of medication-assisted | 3 | | treatment at each licensed program and which types | 4 | | of medication-assisted treatment are available. | 5 | | (iii) The number of recovery homes that accept | 6 | | individuals using medication-assisted treatment in | 7 | | their recovery. | 8 | | (iv) The number of medical professionals | 9 | | currently authorized to prescribe buprenorphine | 10 | | and the number of individuals who fill | 11 | | prescriptions for that medication at retail | 12 | | pharmacies as prescribed. | 13 | | (v) Any partnerships between programs licensed | 14 | | by the Department and other providers of | 15 | | medication-assisted treatment. | 16 | | (vi) Any challenges in providing | 17 | | medication-assisted treatment reported by programs | 18 | | licensed by the Department and any potential | 19 | | solutions. | 20 | | (b) Programs; drug overdose prevention. | 21 | | (1) The Department may establish a program to provide | 22 | | for the production and publication, in electronic and | 23 | | other formats, of drug overdose prevention, recognition, | 24 | | and response literature. The Department may develop and | 25 | | disseminate curricula for use by professionals, | 26 | | organizations, individuals, or committees interested in |
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| 1 | | the prevention of fatal and nonfatal drug overdose, | 2 | | including, but not limited to, drug users, jail and prison | 3 | | personnel, jail and prison inmates, drug treatment | 4 | | professionals, emergency medical personnel, hospital | 5 | | staff, families and associates of drug users, peace | 6 | | officers, firefighters, public safety officers, needle | 7 | | exchange program staff, and other persons. In addition to | 8 | | information regarding drug overdose prevention, | 9 | | recognition, and response, literature produced by the | 10 | | Department shall stress that drug use remains illegal and | 11 | | highly dangerous and that complete abstinence from illegal | 12 | | drug use is the healthiest choice. The literature shall | 13 | | provide information and resources for substance use | 14 | | disorder treatment. | 15 | | The Department may establish or authorize programs for | 16 | | prescribing, dispensing, or distributing opioid | 17 | | antagonists for the treatment of drug overdose and for | 18 | | dispensing and distributing fentanyl test strips to | 19 | | further promote harm reduction efforts and prevent an | 20 | | overdose . Such programs may include the prescribing of | 21 | | opioid antagonists for the treatment of drug overdose to a | 22 | | person who is not at risk of opioid overdose but who, in | 23 | | the judgment of the health care professional, may be in a | 24 | | position to assist another individual during an | 25 | | opioid-related drug overdose and who has received basic | 26 | | instruction on how to administer an opioid antagonist. |
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| 1 | | (2) The Department may provide advice to State and | 2 | | local officials on the growing drug overdose crisis, | 3 | | including the prevalence of drug overdose incidents, | 4 | | programs promoting the disposal of unused prescription | 5 | | drugs, trends in drug overdose incidents, and solutions to | 6 | | the drug overdose crisis. | 7 | | (3) The Department may support drug overdose | 8 | | prevention, recognition, and response projects by | 9 | | facilitating the acquisition of opioid antagonist | 10 | | medication approved for opioid overdose reversal, | 11 | | facilitating the acquisition of opioid antagonist | 12 | | medication approved for opioid overdose reversal, | 13 | | providing trainings in overdose prevention best practices, | 14 | | facilitating the acquisition of fentanyl test strips to | 15 | | test for the presence of fentanyl, a fentanyl analog, or a | 16 | | drug adulterant within a controlled substance, connecting | 17 | | programs to medical resources, establishing a statewide | 18 | | standing order for the acquisition of needed medication, | 19 | | establishing learning collaboratives between localities | 20 | | and programs, and assisting programs in navigating any | 21 | | regulatory requirements for establishing or expanding such | 22 | | programs. | 23 | | (4) In supporting best practices in drug overdose | 24 | | prevention programming, the Department may promote the | 25 | | following programmatic elements: | 26 | | (A) Training individuals who currently use drugs |
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| 1 | | in the administration of opioid antagonists approved | 2 | | for the reversal of an opioid overdose and in the use | 3 | | of fentanyl test strips to test for the presence of | 4 | | fentanyl, a fentanyl analog, or a drug adulterant | 5 | | within a controlled substance . | 6 | | (B) Directly distributing opioid antagonists | 7 | | approved for the reversal of an opioid overdose rather | 8 | | than providing prescriptions to be filled at a | 9 | | pharmacy. | 10 | | (B-1) Directly distributing fentanyl test strips | 11 | | to test for the presence of fentanyl, a fentanyl | 12 | | analog, or a drug adulterant within a controlled | 13 | | substance. | 14 | | (C) Conducting street and community outreach to | 15 | | work directly with individuals who are using drugs. | 16 | | (D) Employing community health workers or peer | 17 | | recovery specialists who are familiar with the | 18 | | communities served and can provide culturally | 19 | | competent services. | 20 | | (E) Collaborating with other community-based | 21 | | organizations, substance use disorder treatment | 22 | | centers, or other health care providers engaged in | 23 | | treating individuals who are using drugs. | 24 | | (F) Providing linkages for individuals to obtain | 25 | | evidence-based substance use disorder treatment. | 26 | | (G) Engaging individuals exiting jails or prisons |
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| 1 | | who are at a high risk of overdose. | 2 | | (H) Providing education and training to | 3 | | community-based organizations who work directly with | 4 | | individuals who are using drugs and those individuals' | 5 | | families and communities. | 6 | | (I) Providing education and training on drug | 7 | | overdose prevention and response to emergency | 8 | | personnel and law enforcement. | 9 | | (J) Informing communities of the important role | 10 | | emergency personnel play in responding to accidental | 11 | | overdose. | 12 | | (K) Producing and distributing targeted mass media | 13 | | materials on drug overdose prevention and response, | 14 | | the potential dangers of leaving unused prescription | 15 | | drugs in the home, and the proper methods for | 16 | | disposing of unused prescription drugs. | 17 | | (c) Grants. | 18 | | (1) The Department may award grants, in accordance | 19 | | with this subsection, to create or support local drug | 20 | | overdose prevention, recognition, and response projects. | 21 | | Local health departments, correctional institutions, | 22 | | hospitals, universities, community-based organizations, | 23 | | and faith-based organizations may apply to the Department | 24 | | for a grant under this subsection at the time and in the | 25 | | manner the Department prescribes. Eligible grant | 26 | | activities include, but are not limited to, purchasing and |
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| 1 | | distributing opioid antagonists and fentanyl test strips , | 2 | | hiring peer recovery specialists or other community | 3 | | members to conduct community outreach, and hosting public | 4 | | health fairs or events to distribute opioid antagonists | 5 | | and fentanyl test strips , promote harm reduction | 6 | | activities, and provide linkages to community partners. | 7 | | (2) In awarding grants, the Department shall consider | 8 | | the overall rate of opioid overdose, the rate of increase | 9 | | in opioid overdose, and racial disparities in opioid | 10 | | overdose experienced by the communities to be served by | 11 | | grantees. The Department shall encourage all grant | 12 | | applicants to develop interventions that will be effective | 13 | | and viable in their local areas. | 14 | | (3) (Blank). | 15 | | (3.5) Any hospital licensed under the Hospital | 16 | | Licensing Act or organized under the University of | 17 | | Illinois Hospital Act shall be deemed to have met the | 18 | | standards and requirements set forth in this Section to | 19 | | enroll in the drug overdose prevention program upon | 20 | | completion of the enrollment process except that proof of | 21 | | a standing order and attestation of programmatic | 22 | | requirements shall be waived for enrollment purposes. | 23 | | Reporting mandated by enrollment shall be necessary to | 24 | | carry out or attain eligibility for associated resources | 25 | | under this Section for drug overdose prevention projects | 26 | | operated on the licensed premises of the hospital and |
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| 1 | | operated by the hospital or its designated agent. The | 2 | | Department shall streamline hospital enrollment for drug | 3 | | overdose prevention programs by accepting such deemed | 4 | | status under this Section in order to reduce barriers to | 5 | | hospital participation in drug overdose prevention, | 6 | | recognition, or response projects. Any hospital under this | 7 | | paragraph and any other organization deemed eligible by | 8 | | the Department shall be enrolled to receive fentanyl test | 9 | | strips from the Department and distribute fentanyl test | 10 | | strips upon enrollment in the Drug Overdose Prevention | 11 | | Program. | 12 | | (4) In addition to moneys appropriated by the General | 13 | | Assembly, the Department may seek grants from private | 14 | | foundations, the federal government, and other sources to | 15 | | fund the grants under this Section and to fund an | 16 | | evaluation of the programs supported by the grants. | 17 | | (d) Health care professional prescription of opioid | 18 | | antagonists. | 19 | | (1) A health care professional who, acting in good | 20 | | faith, directly or by standing order, prescribes or | 21 | | dispenses an opioid antagonist to: (a) a patient who, in | 22 | | the judgment of the health care professional, is capable | 23 | | of administering the drug in an emergency, or (b) a person | 24 | | who is not at risk of opioid overdose but who, in the | 25 | | judgment of the health care professional, may be in a | 26 | | position to assist another individual during an |
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| 1 | | opioid-related drug overdose and who has received basic | 2 | | instruction on how to administer an opioid antagonist | 3 | | shall not, as a result of his or her acts or omissions, be | 4 | | subject to: (i) any disciplinary or other adverse action | 5 | | under the Medical Practice Act of 1987, the Physician | 6 | | Assistant Practice Act of 1987, the Nurse Practice Act, | 7 | | the Pharmacy Practice Act, or any other professional | 8 | | licensing statute or (ii) any criminal liability, except | 9 | | for willful and wanton misconduct. | 10 | | (1.5) Notwithstanding any provision of or requirement | 11 | | otherwise imposed by the Pharmacy Practice Act, the | 12 | | Medical Practice Act of 1987, or any other law or rule, | 13 | | including, but not limited to, any requirement related to | 14 | | labeling, storage, or recordkeeping, a health care | 15 | | professional or other person acting under the direction of | 16 | | a health care professional may, directly or by standing | 17 | | order, obtain, store, and dispense an opioid antagonist to | 18 | | a patient in a facility that includes, but is not limited | 19 | | to, a hospital, a hospital affiliate, or a federally | 20 | | qualified health center if the patient information | 21 | | specified in paragraph (4) of this subsection is provided | 22 | | to the patient. A person acting in accordance with this | 23 | | paragraph shall not, as a result of his or her acts or | 24 | | omissions, be subject to: (i) any disciplinary or other | 25 | | adverse action under the Medical Practice Act of 1987, the | 26 | | Physician Assistant Practice Act of 1987, the Nurse |
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| 1 | | Practice Act, the Pharmacy Practice Act, or any other | 2 | | professional licensing statute; or (ii) any criminal | 3 | | liability, except for willful and wanton misconduct. | 4 | | (2) A person who is not otherwise licensed to | 5 | | administer an opioid antagonist may in an emergency | 6 | | administer without fee an opioid antagonist if the person | 7 | | has received the patient information specified in | 8 | | paragraph (4) of this subsection and believes in good | 9 | | faith that another person is experiencing a drug overdose. | 10 | | The person shall not, as a result of his or her acts or | 11 | | omissions, be (i) liable for any violation of the Medical | 12 | | Practice Act of 1987, the Physician Assistant Practice Act | 13 | | of 1987, the Nurse Practice Act, the Pharmacy Practice | 14 | | Act, or any other professional licensing statute, or (ii) | 15 | | subject to any criminal prosecution or civil liability, | 16 | | except for willful and wanton misconduct. | 17 | | (3) A health care professional prescribing an opioid | 18 | | antagonist to a patient shall ensure that the patient | 19 | | receives the patient information specified in paragraph | 20 | | (4) of this subsection. Patient information may be | 21 | | provided by the health care professional or a | 22 | | community-based organization, substance use disorder | 23 | | program, or other organization with which the health care | 24 | | professional establishes a written agreement that includes | 25 | | a description of how the organization will provide patient | 26 | | information, how employees or volunteers providing |
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| 1 | | information will be trained, and standards for documenting | 2 | | the provision of patient information to patients. | 3 | | Provision of patient information shall be documented in | 4 | | the patient's medical record or through similar means as | 5 | | determined by agreement between the health care | 6 | | professional and the organization. The Department, in | 7 | | consultation with statewide organizations representing | 8 | | physicians, pharmacists, advanced practice registered | 9 | | nurses, physician assistants, substance use disorder | 10 | | programs, and other interested groups, shall develop and | 11 | | disseminate to health care professionals, community-based | 12 | | organizations, substance use disorder programs, and other | 13 | | organizations training materials in video, electronic, or | 14 | | other formats to facilitate the provision of such patient | 15 | | information. | 16 | | (4) For the purposes of this subsection: | 17 | | "Opioid antagonist" means a drug that binds to opioid | 18 | | receptors and blocks or inhibits the effect of opioids | 19 | | acting on those receptors, including, but not limited to, | 20 | | naloxone hydrochloride or any other similarly acting drug | 21 | | approved by the U.S. Food and Drug Administration. | 22 | | "Health care professional" means a physician licensed | 23 | | to practice medicine in all its branches, a licensed | 24 | | physician assistant with prescriptive authority, a | 25 | | licensed advanced practice registered nurse with | 26 | | prescriptive authority, an advanced practice registered |
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| 1 | | nurse or physician assistant who practices in a hospital, | 2 | | hospital affiliate, or ambulatory surgical treatment | 3 | | center and possesses appropriate clinical privileges in | 4 | | accordance with the Nurse Practice Act, or a pharmacist | 5 | | licensed to practice pharmacy under the Pharmacy Practice | 6 | | Act. | 7 | | "Patient" includes a person who is not at risk of | 8 | | opioid overdose but who, in the judgment of the physician, | 9 | | advanced practice registered nurse, or physician | 10 | | assistant, may be in a position to assist another | 11 | | individual during an overdose and who has received patient | 12 | | information as required in paragraph (2) of this | 13 | | subsection on the indications for and administration of an | 14 | | opioid antagonist. | 15 | | "Patient information" includes information provided to | 16 | | the patient on drug overdose prevention and recognition; | 17 | | how to perform rescue breathing and resuscitation; opioid | 18 | | antagonist dosage and administration; the importance of | 19 | | calling 911; care for the overdose victim after | 20 | | administration of the overdose antagonist; and other | 21 | | issues as necessary. | 22 | | (e) Drug overdose response policy. | 23 | | (1) Every State and local government agency that | 24 | | employs a law enforcement officer or fireman as those | 25 | | terms are defined in the Line of Duty Compensation Act | 26 | | must possess opioid antagonists and must establish a |
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| 1 | | policy to control the acquisition, storage, | 2 | | transportation, and administration of such opioid | 3 | | antagonists and to provide training in the administration | 4 | | of opioid antagonists. A State or local government agency | 5 | | that employs a fireman as defined in the Line of Duty | 6 | | Compensation Act but does not respond to emergency medical | 7 | | calls or provide medical services shall be exempt from | 8 | | this subsection. | 9 | | (2) Every publicly or privately owned ambulance, | 10 | | special emergency medical services vehicle, non-transport | 11 | | vehicle, or ambulance assist vehicle, as described in the | 12 | | Emergency Medical Services (EMS) Systems Act, that | 13 | | responds to requests for emergency services or transports | 14 | | patients between hospitals in emergency situations must | 15 | | possess opioid antagonists. | 16 | | (3) Entities that are required under paragraphs (1) | 17 | | and (2) to possess opioid antagonists may also apply to | 18 | | the Department for a grant to fund the acquisition of | 19 | | opioid antagonists and training programs on the | 20 | | administration of opioid antagonists. | 21 | | (Source: P.A. 101-356, eff. 8-9-19; 102-598, eff. 1-1-22 .) | 22 | | Section 10. The Overdose Prevention and Harm Reduction Act | 23 | | is amended by changing Section 5 as follows: | 24 | | (410 ILCS 710/5) |
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| 1 | | Sec. 5. Needle and hypodermic syringe access program. | 2 | | (a) Any governmental or nongovernmental organization, | 3 | | including a local health department, community-based | 4 | | organization, or a person or entity, that promotes | 5 | | scientifically proven ways of mitigating health risks | 6 | | associated with drug use and other high-risk behaviors may | 7 | | establish and operate a needle and hypodermic syringe access | 8 | | program. The objective of the program shall be accomplishing | 9 | | all of the following: | 10 | | (1) reducing the spread of HIV, AIDS, viral hepatitis, | 11 | | and other bloodborne diseases; | 12 | | (2) reducing the potential for needle stick injuries | 13 | | from discarded contaminated equipment; and | 14 | | (3) facilitating connections or linkages to | 15 | | evidence-based treatment. | 16 | | (b) Programs established under this Act shall provide all | 17 | | of the following: | 18 | | (1) Disposal of used needles and hypodermic syringes. | 19 | | (2) Needles, hypodermic syringes, and other safer drug | 20 | | consumption supplies, at no cost and in quantities | 21 | | sufficient to ensure that needles, hypodermic syringes, or | 22 | | other supplies are not shared or reused. | 23 | | (3) Educational materials or training on: | 24 | | (A) overdose prevention and intervention; and | 25 | | (B) the prevention of HIV, AIDS, viral hepatitis, | 26 | | and other common bloodborne diseases resulting from |
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| 1 | | shared drug consumption equipment and supplies. | 2 | | (4) Access to opioid antagonists approved for the | 3 | | reversal of an opioid overdose, or referrals to programs | 4 | | that provide access to opioid antagonists approved for the | 5 | | reversal of an opioid overdose. | 6 | | (5) Linkages to needed services, including mental | 7 | | health treatment, housing programs, substance use disorder | 8 | | treatment, and other relevant community services. | 9 | | (6) Individual consultations from a trained employee | 10 | | tailored to individual needs. | 11 | | (7) If feasible, a hygienic, separate space for | 12 | | individuals who need to administer a prescribed injectable | 13 | | medication that can also be used as a quiet space to gather | 14 | | composure in the event of an adverse on-site incident, | 15 | | such as a nonfatal overdose. | 16 | | (8) If feasible, access to on-site drug adulterant | 17 | | testing supplies. | 18 | | (9) If feasible, access to fentanyl test strips to | 19 | | test for the presence of fentanyl, a fentanyl analog, or a | 20 | | drug adulterant within a controlled substance. | 21 | | (c) Notwithstanding any provision of the Illinois | 22 | | Controlled Substances Act, the Drug Paraphernalia Control Act, | 23 | | or any other law, no employee or volunteer of or participant in | 24 | | a program established under this Act shall be charged with or | 25 | | prosecuted for possession of any of the following: | 26 | | (1) Needles, hypodermic syringes, or other drug |
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| 1 | | consumption paraphernalia obtained from or returned, | 2 | | directly or indirectly, to a program established under | 3 | | this Act. | 4 | | (2) Residual amounts of a controlled substance | 5 | | contained in used needles, used hypodermic syringes, or | 6 | | other used drug consumption paraphernalia obtained from or | 7 | | returned, directly or indirectly, to a program established | 8 | | under this Act. | 9 | | (3) Drug adulterant testing supplies obtained from or | 10 | | returned, directly or indirectly, to a program established | 11 | | under this Act or a pharmacy, hospital, clinic, or other | 12 | | health care facility or medical office dispensing drug | 13 | | adulterant testing supplies in accordance with Section 10. | 14 | | This paragraph also applies to any employee or customer of | 15 | | a pharmacy, hospital, clinic, or other health care | 16 | | facility or medical office dispensing drug adulterant | 17 | | testing supplies in accordance with Section 10. | 18 | | (4) Any residual amounts of controlled substances used | 19 | | in the course of testing the controlled substance to | 20 | | determine the chemical composition and potential threat of | 21 | | the substances obtained for consumption that are obtained | 22 | | from or returned, directly or indirectly, to a program | 23 | | established under this Act. This paragraph also applies to | 24 | | any person using drug adulterant testing supplies procured | 25 | | in accordance with Section 10 of this Act. | 26 | | In addition to any other applicable immunity or limitation |
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| 1 | | on civil liability, a law enforcement officer who, acting on | 2 | | good faith, arrests or charges a person who is thereafter | 3 | | determined to be entitled to immunity from prosecution under | 4 | | this subsection (c) shall not be subject to civil liability | 5 | | for the arrest or filing of charges. | 6 | | (d) Prior to the commencing of operations of a program | 7 | | established under this Act, the governmental or | 8 | | nongovernmental organization shall submit to the Illinois | 9 | | Department of Public Health all of the following information: | 10 | | (1) the name of the organization, agency, group, | 11 | | person, or entity operating the program; | 12 | | (2) the areas and populations to be served by the | 13 | | program; and | 14 | | (3) the methods by which the program will meet the | 15 | | requirements of subsection (b) of this Section. | 16 | | The Department of Public Health may adopt rules to | 17 | | implement this subsection. | 18 | | (Source: P.A. 101-356, eff. 8-9-19; 102-1039, eff. 6-2-22.)". |
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