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Public Act 096-0361 |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Alcoholism and Other Drug Abuse and | ||||
Dependency Act is amended by adding Section 5-23 as follows: | ||||
(20 ILCS 301/5-23 new) | ||||
Sec. 5-23. Drug Overdose Prevention Program. | ||||
(a) Reports of drug overdose. | ||||
(1) The Director of the Division of Alcoholism and | ||||
Substance Abuse may publish annually a report on drug | ||||
overdose trends statewide that reviews State death rates | ||||
from available data to ascertain changes in the causes or | ||||
rates of fatal and nonfatal drug overdose for the preceding | ||||
period of not less than 5 years. The report shall also | ||||
provide information on interventions that would be | ||||
effective in reducing the rate of fatal or nonfatal drug | ||||
overdose. | ||||
(2) The report may include: | ||||
(A) Trends in drug overdose death rates. | ||||
(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. | ||
(b) Programs; drug overdose prevention. | ||
(1) The Director 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 Director 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 abuse |
treatment. | ||
The Director may establish or authorize programs for | ||
prescribing, dispensing, or distributing naloxone | ||
hydrochloride or any other similarly acting and equally | ||
safe drug approved by the U.S. Food and Drug Administration | ||
for the treatment of drug overdose. Such programs may | ||
include the prescribing of naloxone hydrochloride or any | ||
other similarly acting and equally safe drug approved by | ||
the U.S. Food and Drug Administration for the treatment of | ||
drug overdose to and education about administration by | ||
individuals who are not personally at risk of opioid | ||
overdose. | ||
(2) The Director may provide advice to State and local | ||
officials on the growing drug overdose crisis, including | ||
the prevalence of drug overdose incidents, trends in drug | ||
overdose incidents, and solutions to the drug overdose | ||
crisis. | ||
(c) Grants. | ||
(1) The Director 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 Director prescribes. |
(2) In awarding grants, the Director shall consider the | ||
necessity for overdose prevention projects in various | ||
settings and shall encourage all grant applicants to | ||
develop interventions that will be effective and viable in | ||
their local areas. | ||
(3) The Director shall give preference for grants to | ||
proposals that, in addition to providing life-saving | ||
interventions and responses, provide information to drug | ||
users on how to access drug treatment or other strategies | ||
for abstaining from illegal drugs. The Director shall give | ||
preference to proposals that include one or more of the | ||
following elements: | ||
(A) Policies and projects to encourage persons, | ||
including drug users, to call 911 when they witness a | ||
potentially fatal drug overdose. | ||
(B) Drug overdose prevention, recognition, and | ||
response education projects in drug treatment centers, | ||
outreach programs, and other organizations that work | ||
with, or have access to, drug users and their families | ||
and communities. | ||
(C) Drug overdose recognition and response | ||
training, including rescue breathing, in drug | ||
treatment centers and for other organizations that | ||
work with, or have access to, drug users and their | ||
families and communities. | ||
(D) The production and distribution of targeted or |
mass media materials on drug overdose prevention and | ||
response. | ||
(E) Prescription and distribution of naloxone | ||
hydrochloride or any other similarly acting and | ||
equally safe drug approved by the U.S. Food and Drug | ||
Administration for the treatment of drug overdose. | ||
(F) The institution of education and training | ||
projects on drug overdose response and treatment for | ||
emergency services and law enforcement personnel. | ||
(G) A system of parent, family, and survivor | ||
education and mutual support groups. | ||
(4) In addition to moneys appropriated by the General | ||
Assembly, the Director 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 drug overdose | ||
treatment medication. | ||
(1) A health care professional who, acting in good | ||
faith, directly or by standing order, prescribes or | ||
dispenses an opioid antidote to a patient who, in the | ||
judgment of the health care professional, is capable of | ||
administering the drug in an emergency, shall not, as a | ||
result of his or her acts or omissions, be subject to | ||
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. | ||
(2) A person who is not otherwise licensed to | ||
administer an opioid antidote may in an emergency | ||
administer without fee an opioid antidote 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 | ||
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 subject to any criminal | ||
prosecution arising from or related to the unauthorized | ||
practice of medicine or the possession of an opioid | ||
antidote. | ||
(3) A health care professional prescribing an opioid | ||
antidote 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 abuse 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 Director of the | ||
Division of Alcoholism and Substance Abuse, in | ||
consultation with statewide organizations representing | ||
physicians, advanced practice nurses, physician | ||
assistants, substance abuse programs, and other interested | ||
groups, shall develop and disseminate to health care | ||
professionals, community-based organizations, substance | ||
abuse 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 antidote" means naloxone hydrochloride or any | ||
other similarly acting and equally safe drug approved by | ||
the U.S. Food and Drug Administration for the treatment of | ||
drug overdose. | ||
"Health care professional" means a physician licensed | ||
to practice medicine in all its branches, a physician | ||
assistant who has been delegated the prescription or | ||
dispensation of an opioid antidote by his or her | ||
supervising physician, an advanced practice registered | ||
nurse who has a written collaborative agreement with a |
collaborating physician that authorizes the prescription | ||
or dispensation of an opioid antidote, or an advanced | ||
practice nurse who practices in a hospital or ambulatory | ||
surgical treatment center and possesses appropriate | ||
clinical privileges in accordance with the Nurse Practice | ||
Act. | ||
"Patient" includes a person who is not at risk of | ||
opioid overdose but who, in the judgment of the physician, | ||
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 antidote. | ||
"Patient information" includes information provided to | ||
the patient on drug overdose prevention and recognition; | ||
how to perform rescue breathing and resuscitation; opioid | ||
antidote dosage and administration; the importance of | ||
calling 911; care for the overdose victim after | ||
administration of the overdose antidote; and other issues | ||
as necessary.
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Section 99. Effective date. This Act takes effect January | ||
1, 2010.
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