|
(B) Trends in emergency room utilization related |
to drug overdose and the cost impact of emergency room |
utilization. |
(C) Trends in utilization of pre-hospital and |
emergency services and the cost impact of emergency |
services utilization. |
(D) Suggested improvements in data collection. |
(E) A description of other interventions effective |
in reducing the rate of fatal or nonfatal drug |
overdose. |
(F) A description of efforts undertaken to educate |
the public about unused medication and about how to |
properly dispose of unused medication, including the |
number of registered collection receptacles in this |
State, mail-back programs, and drug take-back events. |
(G) An inventory of the State's substance use |
disorder treatment capacity, including, but not |
limited to: |
(i) The number and type of licensed treatment |
programs in each geographic area of the State. |
(ii) The availability of medication-assisted |
treatment at each licensed program and which types |
of medication-assisted treatment are available. |
(iii) The number of recovery homes that accept |
individuals using medication-assisted treatment in |
their recovery. |
|
(iv) The number of medical professionals |
currently authorized to prescribe buprenorphine |
and the number of individuals who fill |
prescriptions for that medication at retail |
pharmacies as prescribed. |
(v) Any partnerships between programs licensed |
by the Department and other providers of |
medication-assisted treatment. |
(vi) Any challenges in providing |
medication-assisted treatment reported by programs |
licensed by the Department and any potential |
solutions. |
(b) Programs; drug overdose prevention. |
(1) The Department may establish a program to provide |
for the production and publication, in electronic and |
other formats, of drug overdose prevention, recognition, |
and response literature. The Department may develop and |
disseminate curricula for use by professionals, |
organizations, individuals, or committees interested in |
the prevention of fatal and nonfatal drug overdose, |
including, but not limited to, drug users, jail and prison |
personnel, jail and prison inmates, drug treatment |
professionals, emergency medical personnel, hospital |
staff, families and associates of drug users, peace |
officers, firefighters, public safety officers, needle |
exchange program staff, and other persons. In addition to |
|
information regarding drug overdose prevention, |
recognition, and response, literature produced by the |
Department shall stress that drug use remains illegal and |
highly dangerous and that complete abstinence from illegal |
drug use is the healthiest choice. The literature shall |
provide information and resources for substance use |
disorder treatment. |
The Department may establish or authorize programs for |
prescribing, dispensing, or distributing opioid |
antagonists for the treatment of drug overdose and for |
dispensing and distributing fentanyl test strips to |
further promote harm reduction efforts and prevent an |
overdose. Such programs may include the prescribing of |
opioid antagonists for the treatment of drug overdose to a |
person who is not at risk of opioid overdose but who, in |
the judgment of the health care professional, may be in a |
position to assist another individual during an |
opioid-related drug overdose and who has received basic |
instruction on how to administer an opioid antagonist. |
(2) The Department may provide advice to State and |
local officials on the growing drug overdose crisis, |
including the prevalence of drug overdose incidents, |
programs promoting the disposal of unused prescription |
drugs, trends in drug overdose incidents, and solutions to |
the drug overdose crisis. |
(3) The Department may support drug overdose |
|
prevention, recognition, and response projects by |
facilitating the acquisition of opioid antagonist |
medication approved for opioid overdose reversal, |
facilitating the acquisition of opioid antagonist |
medication approved for opioid overdose reversal, |
providing trainings in overdose prevention best practices, |
facilitating the acquisition of fentanyl test strips to |
test for the presence of fentanyl, a fentanyl analog, or a |
drug adulterant within a controlled substance, connecting |
programs to medical resources, establishing a statewide |
standing order for the acquisition of needed medication, |
establishing learning collaboratives between localities |
and programs, and assisting programs in navigating any |
regulatory requirements for establishing or expanding such |
programs. |
(4) In supporting best practices in drug overdose |
prevention programming, the Department may promote the |
following programmatic elements: |
(A) Training individuals who currently use drugs |
in the administration of opioid antagonists approved |
for the reversal of an opioid overdose and in the use |
of fentanyl test strips to test for the presence of |
fentanyl, a fentanyl analog, or a drug adulterant |
within a controlled substance. |
(B) Directly distributing opioid antagonists |
approved for the reversal of an opioid overdose rather |
|
than providing prescriptions to be filled at a |
pharmacy. |
(B-1) Directly distributing fentanyl test strips |
to test for the presence of fentanyl, a fentanyl |
analog, or a drug adulterant within a controlled |
substance. |
(C) Conducting street and community outreach to |
work directly with individuals who are using drugs. |
(D) Employing community health workers or peer |
recovery specialists who are familiar with the |
communities served and can provide culturally |
competent services. |
(E) Collaborating with other community-based |
organizations, substance use disorder treatment |
centers, or other health care providers engaged in |
treating individuals who are using drugs. |
(F) Providing linkages for individuals to obtain |
evidence-based substance use disorder treatment. |
(G) Engaging individuals exiting jails or prisons |
who are at a high risk of overdose. |
(H) Providing education and training to |
community-based organizations who work directly with |
individuals who are using drugs and those individuals' |
families and communities. |
(I) Providing education and training on drug |
overdose prevention and response to emergency |
|
personnel and law enforcement. |
(J) Informing communities of the important role |
emergency personnel play in responding to accidental |
overdose. |
(K) Producing and distributing targeted mass media |
materials on drug overdose prevention and response, |
the potential dangers of leaving unused prescription |
drugs in the home, and the proper methods for |
disposing of unused prescription drugs. |
(c) Grants. |
(1) The Department may award grants, in accordance |
with this subsection, to create or support local drug |
overdose prevention, recognition, and response projects. |
Local health departments, correctional institutions, |
hospitals, universities, community-based organizations, |
and faith-based organizations may apply to the Department |
for a grant under this subsection at the time and in the |
manner the Department prescribes. Eligible grant |
activities include, but are not limited to, purchasing and |
distributing opioid antagonists and fentanyl test strips, |
hiring peer recovery specialists or other community |
members to conduct community outreach, and hosting public |
health fairs or events to distribute opioid antagonists |
and fentanyl test strips, promote harm reduction |
activities, and provide linkages to community partners. |
(2) In awarding grants, the Department shall consider |
|
the overall rate of opioid overdose, the rate of increase |
in opioid overdose, and racial disparities in opioid |
overdose experienced by the communities to be served by |
grantees. The Department shall encourage all grant |
applicants to develop interventions that will be effective |
and viable in their local areas. |
(3) (Blank). |
(3.5) Any hospital licensed under the Hospital |
Licensing Act or organized under the University of |
Illinois Hospital Act shall be deemed to have met the |
standards and requirements set forth in this Section to |
enroll in the drug overdose prevention program upon |
completion of the enrollment process except that proof of |
a standing order and attestation of programmatic |
requirements shall be waived for enrollment purposes. |
Reporting mandated by enrollment shall be necessary to |
carry out or attain eligibility for associated resources |
under this Section for drug overdose prevention projects |
operated on the licensed premises of the hospital and |
operated by the hospital or its designated agent. The |
Department shall streamline hospital enrollment for drug |
overdose prevention programs by accepting such deemed |
status under this Section in order to reduce barriers to |
hospital participation in drug overdose prevention, |
recognition, or response projects. Subject to |
appropriation, any hospital under this paragraph and any |
|
other organization deemed eligible by the Department shall |
be enrolled to receive fentanyl test strips from the |
Department and distribute fentanyl test strips upon |
enrollment in the Drug Overdose Prevention Program. |
(4) In addition to moneys appropriated by the General |
Assembly, the Department may seek grants from private |
foundations, the federal government, and other sources to |
fund the grants under this Section and to fund an |
evaluation of the programs supported by the grants. |
(d) Health care professional prescription of opioid |
antagonists. |
(1) A health care professional who, acting in good |
faith, directly or by standing order, prescribes or |
dispenses an opioid antagonist to: (a) a patient who, in |
the judgment of the health care professional, is capable |
of administering the drug in an emergency, or (b) a person |
who is not at risk of opioid overdose but who, in the |
judgment of the health care professional, may be in a |
position to assist another individual during an |
opioid-related drug overdose and who has received basic |
instruction on how to administer an opioid antagonist |
shall not, as a result of his or her acts or omissions, be |
subject to: (i) any disciplinary or other adverse action |
under the Medical Practice Act of 1987, the Physician |
Assistant Practice Act of 1987, the Nurse Practice Act, |
the Pharmacy Practice Act, or any other professional |
|
licensing statute or (ii) any criminal liability, except |
for willful and wanton misconduct. |
(1.5) Notwithstanding any provision of or requirement |
otherwise imposed by the Pharmacy Practice Act, the |
Medical Practice Act of 1987, or any other law or rule, |
including, but not limited to, any requirement related to |
labeling, storage, or recordkeeping, a health care |
professional or other person acting under the direction of |
a health care professional may, directly or by standing |
order, obtain, store, and dispense an opioid antagonist to |
a patient in a facility that includes, but is not limited |
to, a hospital, a hospital affiliate, or a federally |
qualified health center if the patient information |
specified in paragraph (4) of this subsection is provided |
to the patient. A person acting in accordance with this |
paragraph shall not, as a result of his or her acts or |
omissions, be subject to: (i) any disciplinary or other |
adverse action under the Medical Practice Act of 1987, the |
Physician Assistant Practice Act of 1987, the Nurse |
Practice Act, the Pharmacy Practice Act, or any other |
professional licensing statute; or (ii) any criminal |
liability, except for willful and wanton misconduct. |
(2) A person who is not otherwise licensed to |
administer an opioid antagonist may in an emergency |
administer without fee an opioid antagonist if the person |
has received the patient information specified in |
|
paragraph (4) of this subsection and believes in good |
faith that another person is experiencing a drug overdose. |
The person shall not, as a result of his or her acts or |
omissions, be (i) liable for any violation of the Medical |
Practice Act of 1987, the Physician Assistant Practice Act |
of 1987, the Nurse Practice Act, the Pharmacy Practice |
Act, or any other professional licensing statute, or (ii) |
subject to any criminal prosecution or civil liability, |
except for willful and wanton misconduct. |
(3) A health care professional prescribing an opioid |
antagonist to a patient shall ensure that the patient |
receives the patient information specified in paragraph |
(4) of this subsection. Patient information may be |
provided by the health care professional or a |
community-based organization, substance use disorder |
program, or other organization with which the health care |
professional establishes a written agreement that includes |
a description of how the organization will provide patient |
information, how employees or volunteers providing |
information will be trained, and standards for documenting |
the provision of patient information to patients. |
Provision of patient information shall be documented in |
the patient's medical record or through similar means as |
determined by agreement between the health care |
professional and the organization. The Department, in |
consultation with statewide organizations representing |
|
physicians, pharmacists, advanced practice registered |
nurses, physician assistants, substance use disorder |
programs, and other interested groups, shall develop and |
disseminate to health care professionals, community-based |
organizations, substance use disorder programs, and other |
organizations training materials in video, electronic, or |
other formats to facilitate the provision of such patient |
information. |
(4) For the purposes of this subsection: |
"Opioid antagonist" means a drug that binds to opioid |
receptors and blocks or inhibits the effect of opioids |
acting on those receptors, including, but not limited to, |
naloxone hydrochloride or any other similarly acting drug |
approved by the U.S. Food and Drug Administration. |
"Health care professional" means a physician licensed |
to practice medicine in all its branches, a licensed |
physician assistant with prescriptive authority, a |
licensed advanced practice registered nurse with |
prescriptive authority, an advanced practice registered |
nurse or physician assistant who practices in a hospital, |
hospital affiliate, or ambulatory surgical treatment |
center and possesses appropriate clinical privileges in |
accordance with the Nurse Practice Act, or a pharmacist |
licensed to practice pharmacy under the Pharmacy Practice |
Act. |
"Patient" includes a person who is not at risk of |
|
opioid overdose but who, in the judgment of the physician, |
advanced practice registered nurse, or physician |
assistant, may be in a position to assist another |
individual during an overdose and who has received patient |
information as required in paragraph (2) of this |
subsection on the indications for and administration of an |
opioid antagonist. |
"Patient information" includes information provided to |
the patient on drug overdose prevention and recognition; |
how to perform rescue breathing and resuscitation; opioid |
antagonist dosage and administration; the importance of |
calling 911; care for the overdose victim after |
administration of the overdose antagonist; and other |
issues as necessary. |
(e) Drug overdose response policy. |
(1) Every State and local government agency that |
employs a law enforcement officer or fireman as those |
terms are defined in the Line of Duty Compensation Act |
must possess opioid antagonists and must establish a |
policy to control the acquisition, storage, |
transportation, and administration of such opioid |
antagonists and to provide training in the administration |
of opioid antagonists. A State or local government agency |
that employs a fireman as defined in the Line of Duty |
Compensation Act but does not respond to emergency medical |
calls or provide medical services shall be exempt from |
|
this subsection. |
(2) Every publicly or privately owned ambulance, |
special emergency medical services vehicle, non-transport |
vehicle, or ambulance assist vehicle, as described in the |
Emergency Medical Services (EMS) Systems Act, that |
responds to requests for emergency services or transports |
patients between hospitals in emergency situations must |
possess opioid antagonists. |
(3) Entities that are required under paragraphs (1) |
and (2) to possess opioid antagonists may also apply to |
the Department for a grant to fund the acquisition of |
opioid antagonists and training programs on the |
administration of opioid antagonists. |
(Source: P.A. 101-356, eff. 8-9-19; 102-598, eff. 1-1-22.)
|
Section 10. The Overdose Prevention and Harm Reduction Act |
is amended by changing Section 5 as follows:
|
(410 ILCS 710/5) |
Sec. 5. Needle and hypodermic syringe access program. |
(a) Any governmental or nongovernmental organization, |
including a local health department, community-based |
organization, or a person or entity, that promotes |
scientifically proven ways of mitigating health risks |
associated with drug use and other high-risk behaviors may |
establish and operate a needle and hypodermic syringe access |
|
program. The objective of the program shall be accomplishing |
all of the following: |
(1) reducing the spread of HIV, AIDS, viral hepatitis, |
and other bloodborne diseases; |
(2) reducing the potential for needle stick injuries |
from discarded contaminated equipment; and |
(3) facilitating connections or linkages to |
evidence-based treatment. |
(b) Programs established under this Act shall provide all |
of the following: |
(1) Disposal of used needles and hypodermic syringes. |
(2) Needles, hypodermic syringes, and other safer drug |
consumption supplies, at no cost and in quantities |
sufficient to ensure that needles, hypodermic syringes, or |
other supplies are not shared or reused. |
(3) Educational materials or training on: |
(A) overdose prevention and intervention; and |
(B) the prevention of HIV, AIDS, viral hepatitis, |
and other common bloodborne diseases resulting from |
shared drug consumption equipment and supplies. |
(4) Access to opioid antagonists approved for the |
reversal of an opioid overdose, or referrals to programs |
that provide access to opioid antagonists approved for the |
reversal of an opioid overdose. |
(5) Linkages to needed services, including mental |
health treatment, housing programs, substance use disorder |
|
treatment, and other relevant community services. |
(6) Individual consultations from a trained employee |
tailored to individual needs. |
(7) If feasible, a hygienic, separate space for |
individuals who need to administer a prescribed injectable |
medication that can also be used as a quiet space to gather |
composure in the event of an adverse on-site incident, |
such as a nonfatal overdose. |
(8) If feasible, access to on-site drug adulterant |
testing supplies. |
(9) If feasible, access to fentanyl test strips to |
test for the presence of fentanyl, a fentanyl analog, or a |
drug adulterant within a controlled substance. |
(c) Notwithstanding any provision of the Illinois |
Controlled Substances Act, the Drug Paraphernalia Control Act, |
or any other law, no employee or volunteer of or participant in |
a program established under this Act shall be charged with or |
prosecuted for possession of any of the following: |
(1) Needles, hypodermic syringes, or other drug |
consumption paraphernalia obtained from or returned, |
directly or indirectly, to a program established under |
this Act. |
(2) Residual amounts of a controlled substance |
contained in used needles, used hypodermic syringes, or |
other used drug consumption paraphernalia obtained from or |
returned, directly or indirectly, to a program established |
|
under this Act. |
(3) Drug adulterant testing supplies obtained from or |
returned, directly or indirectly, to a program established |
under this Act or a pharmacy, hospital, clinic, or other |
health care facility or medical office dispensing drug |
adulterant testing supplies in accordance with Section 10. |
This paragraph also applies to 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 Section 10. |
(4) Any residual amounts of controlled substances used |
in the course of testing the controlled substance to |
determine the chemical composition and potential threat of |
the substances obtained for consumption that are obtained |
from or returned, directly or indirectly, to a program |
established under this Act. This paragraph also applies to |
any person using drug adulterant testing supplies procured |
in accordance with Section 10 of this Act. |
In addition to any other applicable immunity or limitation |
on civil liability, 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 under |
this subsection (c) shall not be subject to civil liability |
for the arrest or filing of charges. |
(d) Prior to the commencing of operations of a program |
established under this Act, the governmental or |
|
nongovernmental organization shall submit to the Illinois |
Department of Public Health all of the following information: |
(1) the name of the organization, agency, group, |
person, or entity operating the program; |
(2) the areas and populations to be served by the |
program; and |
(3) the methods by which the program will meet the |
requirements of subsection (b) of this Section. |
The Department of Public Health may adopt rules to |
implement this subsection. |
(Source: P.A. 101-356, eff. 8-9-19; 102-1039, eff. 6-2-22.)
|
Section 5. The Overdose Prevention and Harm Reduction Act |
is amended by changing Section 15 as follows:
|
(410 ILCS 710/15) |
Sec. 15. Fentanyl test strips. To further promote harm |
reduction efforts, a pharmacist or retailer may sell fentanyl |
test strips over-the-counter to the public to test for the |
presence of fentanyl, a fentanyl analog, or a drug adulterant |
within a controlled substance. A county health department may |
distribute fentanyl test strips at the county health |
department facility for no fee. |
(Source: P.A. 103-336, eff. 1-1-24.) |