Bill Text: IL HB2940 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Alcoholism and Other Drug Abuse and Dependency Act. Provides that 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 liable for civil damages when administering naloxone in an emergency situation". Amends the Good Samaritan Act. Provides that any law enforcement officer or fireman, any emergency medical technician (EMT), and any first responder who in good faith provides emergency care to any person (rather than provides emergency care without fee or compensation) shall not, as a result of his or her acts or omissions, "be liable for civil damages when administering naloxone in an emergency situation".

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB2940 Detail]

Download: Illinois-2015-HB2940-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB2940 Introduced , by Rep. Sam Yingling SYNOPSIS AS INTRODUCED:
20 ILCS 301/5-23
745 ILCS 49/70
Amends the Alcoholism and Other Drug Abuse and Dependency Act. Provides that 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 liable for civil damages when administering naloxone in an emergency situation". Amends the Good Samaritan Act. Provides that any law enforcement officer or fireman, any emergency medical technician (EMT), and any first responder who in good faith provides emergency care to any person (rather than provides emergency care without fee or compensation) shall not, as a result of his or her acts or omissions, "be liable for civil damages when administering naloxone in an emergency situation".
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FISCAL NOTE ACT MAY APPLY
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 Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Section 5-23 as follows:
(20 ILCS 301/5-23)
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

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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

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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.

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(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

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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 liable for civil
damages when administering naloxone in an emergency
situation, and shall not, as a result of his or her acts or

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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

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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

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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.
(Source: P.A. 96-361, eff. 1-1-10.)
Section 10. The Good Samaritan Act is amended by changing
Section 70 as follows:

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(745 ILCS 49/70)
Sec. 70. Law enforcement officers, firemen, Emergency
Medical Technicians (EMTs) and First Responders; exemption
from civil liability for emergency care. Any law enforcement
officer or fireman as defined in Section 2 of the Line of Duty
Compensation Act, any "emergency medical technician (EMT)" as
defined in Section 3.50 of the Emergency Medical Services (EMS)
Systems Act, and any "first responder" as defined in Section
3.60 of the Emergency Medical Services (EMS) Systems Act, who
in good faith provides emergency care without fee or
compensation to any person shall not, as a result of his or her
acts or omissions, be liable for civil damages when
administering naloxone in an emergency situation, and shall
not, as a result of his or her acts or omissions, except
willful and wanton misconduct on the part of the person, in
providing the care, be liable to a person to whom such care is
provided for civil damages.
(Source: P.A. 93-1047, eff. 10-18-04; 94-826, eff. 1-1-07.)