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


Sen. Laura Ellman

Filed: 3/8/2024





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2    AMENDMENT NO. ______. Amend Senate Bill 3350 by replacing
3everything after the enacting clause with the following:
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



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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. Subject to
7    appropriation, any hospital under this paragraph and any
8    other organization deemed eligible by the Department shall
9    be enrolled to receive fentanyl test strips from the
10    Department and distribute fentanyl test strips upon
11    enrollment in the Drug Overdose Prevention 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
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
23is 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,
3including a local health department, community-based
4organization, or a person or entity, that promotes
5scientifically proven ways of mitigating health risks
6associated with drug use and other high-risk behaviors may
7establish and operate a needle and hypodermic syringe access
8program. The objective of the program shall be accomplishing
9all 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
17of 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
22Controlled Substances Act, the Drug Paraphernalia Control Act,
23or any other law, no employee or volunteer of or participant in
24a program established under this Act shall be charged with or
25prosecuted 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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1on civil liability, a law enforcement officer who, acting on
2good faith, arrests or charges a person who is thereafter
3determined to be entitled to immunity from prosecution under
4this subsection (c) shall not be subject to civil liability
5for the arrest or filing of charges.
6    (d) Prior to the commencing of operations of a program
7established under this Act, the governmental or
8nongovernmental organization shall submit to the Illinois
9Department 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
17implement this subsection.
18(Source: P.A. 101-356, eff. 8-9-19; 102-1039, eff. 6-2-22.)".