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Public Act 102-1039


 

Public Act 1039 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-1039
 
HB4556 EnrolledLRB102 23790 CPF 33826 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Overdose Prevention and Harm Reduction Act
is amended by changing Section 5 and by adding Section 10 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 such as reagents, test strips, or
    quantification instruments that provide critical real-time
    information on the composition of substances obtained for
    consumption.
    (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 such as reagents,
    test strips, or quantification instruments 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.)
 
    (410 ILCS 710/10 new)
    Sec. 10. Dispensing of drug adulterant testing supplies. A
pharmacist, physician, advanced practice registered nurse, or
physician assistant, or the pharmacist's, physician's,
advanced practice registered nurse's, or physician assistant's
designee, may dispense drug adulterant testing supplies to any
person. Any drug adulterant testing supplies dispensed under
this Section must be stored at a licensed pharmacy, hospital,
clinic, or other health care facility or at the medical office
of a physician, advanced practice registered nurse, or
physician assistant and in a manner that limits access to the
drug adulterant testing supplies to pharmacists, physicians,
advanced practice registered nurses, or physician assistants
employed at the pharmacy, hospital, clinic, or other health
care facility or medical office and any persons designated by
the pharmacist, physician, advanced practice registered nurse,
or physician assistant. Drug adulterant testing supplies
dispensed at a retail store containing a pharmacy under this
Section may be dispensed only from the pharmacy department of
the retail store. No quantity of drug adulterant testing
supplies greater than necessary to conduct 5 assays of
substances suspected of containing adulterants shall be
dispensed in any single transaction.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/2/2022