Bill Text: IL HB0002 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Substance Use Disorder Act. Requires the Department of Human Services to develop a pilot program aimed at saving the lives of people who use substances. Provides that the program shall include the establishment of at least one overdose prevention site. Provides that the pilot overdose prevention sites shall be exempt from the Act's intervention licensure requirements for harm reduction services until the Department has adopted rules for harm reduction services. Provides that overdose prevention sites shall offer people who are most likely to use drugs in public, unobserved, high-risk, and unsanitary locations a safe space to use pre-obtained substances and to connect with community supports or other existing treatment and recovery programs, harm reduction services, and health care. Sets forth principles that pilot overdose prevention sites shall abide by. Contains provisions concerning: staffing requirements at overdose prevention sites; designated locations for overdose prevention sites; program and service requirements for overdose prevention sites; civil immunity for overdose prevention sites and staff; and other matters. In provisions concerning licensure categories and services, creates a new harm reduction services category under the Act.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Introduced) 2023-05-31 - Rule 19(a) / Re-referred to Rules Committee [HB0002 Detail]

Download: Illinois-2023-HB0002-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0002 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
20 ILCS 301/5-26 new
20 ILCS 301/15-10
Amends the Substance Use Disorder Act. Requires the Department of Human Services to (i) establish a new intervention license category entitled "OPS Harm Reduction Services", (ii) establish standards for entities to become licensed under the OPS Harm Reduction Services category, and (iii) create a licensing application process. Provides that, notwithstanding any other law, ordinance, or regulation, any entity licensed as an OPS Harm Reduction Services provider may operate an overdose prevention site as authorized by the Department. Requires the Department to make a determination as to whether to approve an entity's application for an OPS Harm Reduction Services license within 4 weeks after the date upon which the entity submitted its application to the Department. Requires the Department to help educate local communities and public and private entities about overdose prevention sites and the evidence regarding the benefits of overdose prevention sites. Requires entities approved to operate an overdose prevention site to, at a minimum, provide a hygienic space where participants may consume pre-obtained substances, maintain a supply of naloxone and oxygen on-site, employ staff trained to administer first aid to participants who are experiencing an overdose, provide secure hypodermic needle and syringe disposal services, encourage drug checking or the use of fentanyl test strips, and other services. Requires licensed entities to submit a report to the Department on the number of participants who have received or are receiving services at the overdose prevention site and other matters. Grants immunity from civil or criminal liability to specified persons. Preempts home rule powers.
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A BILL FOR
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AN ACT concerning State government.
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 15-10 and by adding Section 5-26 as follows:
(20 ILCS 301/5-26 new)
Sec. 5-26. OPS harm reduction services.
(a) Legislative findings. The General Assembly finds the
following:
(1) Illinois is experiencing a growing overdose
crisis. According to the Centers for Disease Control and
Prevention, over 4,000 Illinoisans died from overdoses
between January 2021 and January 2022, a 12.6% increase
from the previous year. Most of those preventable deaths
involved opioids.
(2) A significant reason for the increase in deaths is
a poisoned drug supply, with illicit fentanyl killing
people using street-bought substances. With the increasing
use of potent fentanyl in the illicit substance supply in
Illinois, more lives will continue to be lost.
(3) Nearly all witnessed opioid overdoses are
reversible with the provision of oxygen, naloxone, and
other emergency care. However, many people use drugs alone

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or use them with people who do not have naloxone and are
not trained in overdose response.
(4) Overdose prevention sites can save lives. Overdose
prevention sites provide individuals with a safe, hygienic
space to consume pre-obtained drugs and access to other
harm reduction, treatment, recovery, and ancillary support
services.
(5) The goals of overdose prevention sites are:
(A) Saving lives by quickly providing emergency
care to persons experiencing an overdose.
(B) Reducing the spread of infectious diseases,
such as HIV and hepatitis.
(C) Reducing public injection of substances and
discarded syringes in surrounding areas.
(D) Linking those with substance use disorders to
behavioral and physical health supports.
(b) Definitions. As used in this Section:
"Entity" means (i) any community-based organization that
provides educational, health, harm reduction, housing, or
social services and (ii) any hospital, medical clinic or
office, health center, community-based mental health center,
or other similar entity that provides medical care.
"Harm reduction" refers to a philosophical framework and
set of strategies designed to reduce harm and promote dignity
and well-being among persons and communities who engage in
substance use.

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"Overdose prevention sites" means hygienic locations where
individuals may safely consume pre-obtained substances.
"Participant" means an individual who seeks to utilize,
utilizes, or has utilized services provided at an overdose
prevention site established in accordance with this Section.
(c) Overdose prevention sites; licensure. The Department
shall establish a new intervention license category entitled
"OPS Harm Reduction Services" for entities seeking to operate
an overdose prevention site to provide harm reduction services
to persons who use controlled substances. Within 12 months
after the effective date of this amendatory Act of the 103rd
General Assembly, the Department shall establish standards for
entities to become licensed under the OPS Harm Reduction
Services category and shall create an application process for
entities to apply for and obtain an OPS Harm Reduction
Services license. These standards shall be informed by harm
reduction principles and developed with the input of persons
who use or formerly used controlled substances.
Notwithstanding any other law, ordinance, or regulation,
any entity licensed as an OPS Harm Reduction Services provider
may operate an overdose prevention site as authorized by the
Department.
(d) The Department shall make a determination as to
whether to approve an entity's application for an OPS Harm
Reduction Services license within 4 weeks after the date upon
which the entity submitted its application to the Department.

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No OPS Harm Reduction Services license shall be granted to an
entity seeking to operate an overdose prevention site in a
municipality with a population of less than 2,500,000
inhabitants until such entity is first licensed to operate an
overdose prevention site in a municipality with a population
of 2,500,000 or more inhabitants. Each initial license shall
be valid for 2 years and, after the initial 2-year license
period, may be renewed for a specified period as determined by
the Department.
An entity may apply for an OPS Harm Reduction Services
license at any time, regardless of previous applications.
The Department shall help educate local communities and
public and private entities, such as public safety
organizations, social service groups, school districts, faith
communities, and businesses, about overdose prevention sites
and the evidence regarding the benefits of overdose prevention
sites.
(e) Overdose prevention site features. An entity approved
to operate an overdose prevention site shall, at a minimum:
(1) provide a hygienic space where participants may
consume pre-obtained substances;
(2) maintain a supply of naloxone and oxygen on-site,
together with the necessary equipment to administer
naloxone and oxygen;
(3) monitor participants for potential overdose;
(4) employ staff trained to administer first aid to

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participants who are experiencing an overdose;
(5) provide sterile injection or other substance use
supplies, collect used hypodermic needles and syringes,
and provide secure hypodermic needle and syringe disposal
services in compliance with the Overdose Prevention and
Harm Reduction Act and any applicable rules adopted by the
Department of Public Health;
(6) provide safer smoking and safer snorting kits;
(7) provide naloxone;
(8) encourage drug checking or the use of fentanyl
test strips;
(9) provide education on safe consumption practices,
the proper disposal of hypodermic needles and syringes,
and overdose prevention;
(10) provide referrals to substance use disorder and
mental health treatment, medication-assisted treatment or
recovery, and other services which address social
determinants of health;
(11) offer a quiet and comfortable space for
participants to stay safely sheltered and supervised after
consuming substances; and
(12) train staff members and volunteers to deliver
services offered at the overdose prevention site, and
maintain an adequate staff of health care professionals or
other trained staff or volunteers.
(f) Reporting. An entity operating an overdose prevention

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site in accordance with this Section shall, within the time
frame specified by the Department, submit a report to the
Department that shall include:
(1) the number of participants who have received or
are receiving services at the overdose prevention site;
(2) aggregate information regarding the
characteristics of those participants reported under
paragraph (1);
(3) the number of hypodermic needles, syringes, and
harm reduction supplies distributed for use on-site;
(4) the number of overdoses experienced and the number
of overdoses reversed on-site;
(5) the number of participants directly and formally
referred to other services and the type of services.
(g) Immunity provided. Notwithstanding the Illinois
Controlled Substances Act, the Drug Paraphernalia Control Act,
or any other provision of law to the contrary, the following
persons shall not be arrested, charged, or prosecuted for any
criminal offense, or be subject to any civil or administrative
penalty, including seizure or forfeiture of assets or real
property or disciplinary action by a professional licensing
board, or be denied any right or privilege solely for
participation or involvement at an overdose prevention site
approved by the Department under this Act:
(1) any individual who seeks to utilize, utilizes, or
has utilized services provided at an overdose prevention

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site established in accordance with this Section;
(2) a staff member or administrator of an overdose
prevention site, including a healthcare professional,
manager, employee, or volunteer; and
(3) an individual who owns real property at which an
overdose prevention site is located or operates.
(h) Home rule preemption. A home rule unit may not
prohibit the establishment or operation of an overdose
prevention site as provided in this Section. This Section is a
denial and limitation of home rule powers and functions under
subsection (g) of Section 6 of Article VII of the Illinois
Constitution.
(20 ILCS 301/15-10)
Sec. 15-10. Licensure categories and services. No person,
entity, or program may provide the services or conduct the
activities described in this Section without first obtaining a
license therefor from the Department, unless otherwise
exempted under this Act. The Department shall, by rule,
provide requirements for each of the following types of
licenses and categories of service:
(a) Treatment: Categories of service authorized by a
treatment license are Early Intervention, Outpatient,
Intensive Outpatient/Partial Hospitalization, Subacute
Residential/Inpatient, and Withdrawal Management.
Medication assisted treatment that includes methadone used

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for an opioid use disorder can be licensed as an adjunct to
any of the treatment levels of care specified in this
Section.
(b) Intervention: Categories of service authorized by
an intervention license are DUI Evaluation, DUI Risk
Education, Designated Program, OPS Harm Reduction
Services, and Recovery Homes for persons in any stage of
recovery from a substance use disorder.
The Department may, under procedures established by rule
and upon a showing of good cause for such, exempt off-site
services from having to obtain a separate license for services
conducted away from the provider's licensed location.
(Source: P.A. 100-759, eff. 1-1-19.)