Public Act 103-0980
 
SB3350 EnrolledLRB103 38262 CES 68397 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Substance Use Disorder Act is amended by 
changing Section 5-23 as follows:
 
    (20 ILCS 301/5-23)
    Sec. 5-23. Drug Overdose Prevention Program.
    (a) Reports.
        (1) The Department 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. The 
    report shall also provide information on interventions 
    that would be effective in reducing the rate of fatal or 
    nonfatal drug overdose and on the current substance use 
    disorder treatment capacity within the State. The report 
    shall include an analysis of drug overdose information 
    reported to the Department of Public Health pursuant to 
    subsection (e) of Section 3-3013 of the Counties Code, 
    Section 6.14g of the Hospital Licensing Act, and 
    subsection (j) of Section 22-30 of the School Code.
        (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.
            (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.)

Effective Date:  1/1/2025