Bill Text: IL SB1828 | 2019-2020 | 101st General Assembly | Introduced

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

---

Bill Title: Creates the Needle and Hypodermic Syringe Access Program Act. Provides that persons or entities that promote 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. Provides objectives for programs established under the Act. Includes language requiring programs to provide specified services. Provides that no employee or volunteer of or participant in a program shall be charged with or prosecuted for possession of specified substances. Provides that law enforcement officers who in good faith arrest or charge a person entitled to immunity under the Act shall not be subject to civil liability for the arrest or filing of charges. Provides that prior to commencing operations under the Act, an organization shall report specified information to the Department of Public Health. Amends the Alcoholism and Other Drug Abuse and Dependency Act. Provides that the Department of Human Services shall give preference for grants and proposals to specified drug overdose prevention programs. Provides that the Department of Human Services shall conduct an evidence-based treatment needs assessment to be submitted to the General Assembly by December 31, 2019. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 29-4)

Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0356 [SB1828 Detail]

Download: Illinois-2019-SB1828-Introduced.html

---

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1828 Introduced 2/15/2019, by Sen. Melinda Bush SYNOPSIS AS INTRODUCED:
New Act
20 ILCS 301/5-23
20 ILCS 301/25-13 new
Creates the Needle and Hypodermic Syringe Access Program Act. Provides that persons or entities that promote 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. Provides objectives for programs established under the Act. Includes language requiring programs to provide specified services. Provides that no employee or volunteer of or participant in a program shall be charged with or prosecuted for possession of specified substances. Provides that law enforcement officers who in good faith arrest or charge a person entitled to immunity under the Act shall not be subject to civil liability for the arrest or filing of charges. Provides that prior to commencing operations under the Act, an organization shall report specified information to the Department of Public Health. Amends the Alcoholism and Other Drug Abuse and Dependency Act. Provides that the Department of Human Service shall give preference for grants and proposals to specified drug overdose prevention programs. Provides that the Department of Human Services shall conduct an evidence-based treatment needs assessment to be submitted to the General Assembly by December 31, 2019. Effective immediately.
LRB101 10357 CPF 55463 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB1828 LRB101 10357 CPF 55463 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Needle
and Hypodermic Syringe Access Program Act.
Section 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.

SB1828 - 2 - LRB101 10357 CPF 55463 b
(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, such as insulin, 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

SB1828 - 3 - LRB101 10357 CPF 55463 b
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.
(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.

SB1828 - 4 - LRB101 10357 CPF 55463 b
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 report 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.
Section 100. The Substance Use Disorder Act is amended by
changing Section 5-23 and by adding Section 25-13 as follows:
(20 ILCS 301/5-23)
Sec. 5-23. Drug Overdose Prevention Program.
(a) Reports of drug overdose.
(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

SB1828 - 5 - LRB101 10357 CPF 55463 b
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 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.

SB1828 - 6 - LRB101 10357 CPF 55463 b
(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. Such
programs may include the prescribing of opioid antagonists
for the treatment of drug overdose to a person who is not

SB1828 - 7 - LRB101 10357 CPF 55463 b
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 bulk acquisition of low-cost opioid
antagonist medication approved for opioid overdose
reversal, providing trainings in overdose prevention best
practices, 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.
(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

SB1828 - 8 - LRB101 10357 CPF 55463 b
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.
(2) In awarding grants, the Department 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 Department shall give preference for grants to
proposals that distribute opioid antagonists approved for
the reversal of an opioid overdose directly to individuals
who use drugs. , in addition to providing life-saving
interventions and responses, provide information to drug
users on how to access substance use disorder treatment or
other strategies for abstaining from illegal drugs. In
addition, the The Department shall give preference to drug
overdose prevention programs proposals that include one or
more of the following elements:
(A) Programs that conduct street and community
outreach to work directly with people who use drugs.
(B) Programs that work directly with people who use
drugs to provide access to new syringes and other drug
consumption equipment, infectious disease testing,
referrals to needed medical treatment, and other

SB1828 - 9 - LRB101 10357 CPF 55463 b
public health interventions.
(C) Programs that employ community health workers
or peer recovery specialists who are familiar with the
communities served and can provide culturally
competent services.
(D) Programs that collaborate with other
community-based organizations, drug treatment centers,
or health care providers who are engaged in treating
active drug users.
(E) Programs that engage individuals who are
exiting jails or prisons and who are at high risk of
overdose.
(F) Programs that can provide linkages for
individuals to obtain evidence-based drug treatment,
such as agonist medication assisted treatment.
(G) Programs that provide education and training
projects to community-based organizations who work
directly with drug users and their families and
communities.
(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

SB1828 - 10 - LRB101 10357 CPF 55463 b
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, the potential dangers of keeping unused
prescription drugs in the home, and methods to properly
dispose of unused prescription drugs.
(E) Prescription and distribution of opioid
antagonists.
(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 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

SB1828 - 11 - LRB101 10357 CPF 55463 b
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.
(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,

SB1828 - 12 - LRB101 10357 CPF 55463 b
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

SB1828 - 13 - LRB101 10357 CPF 55463 b
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

SB1828 - 14 - LRB101 10357 CPF 55463 b
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

SB1828 - 15 - LRB101 10357 CPF 55463 b
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. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;
99-581, eff. 1-1-17; 99-642, eff. 7-28-16; 100-201, eff.
8-18-17; 100-513, eff. 1-1-18; 100-759, eff. 1-1-19.)
(20 ILCS 301/25-13 new)
Sec. 25-13. Evidence-based treatment needs assessment.
(a) The Department shall contract with a third party
research organization to conduct a needs assessment of the
Illinois substance use disorder treatment system. The third
party research organization must:
(1) have experience in conducting population health
studies;
(2) have the capability to assess the range of
organizations and provider types that provide substance
use disorder treatment; and
(3) not have any conflicts of interest, including
existing contracts with or licensure by the Department.
(b) The needs assessment shall include, but shall not be
limited to, the following:
(1) the estimated number of Illinois residents in need

SB1828 - 16 - LRB101 10357 CPF 55463 b
of treatment for Opioid Use Disorder or opioid dependence;
(2) the number and type of licensed treatment programs
in each geographic area of the State;
(3) the availability of medication-assisted treatment
at each licensed program and which types of
medication-assisted treatment are available;
(4) the number of individuals receiving
medication-assisted treatment at each program and which
types of medication-assisted treatment they are receiving;
(5) the number of other organizations that provide
medication-assisted treatment and other treatment
supports, including Federally Qualified Health Centers,
hospitals, and medical professionals operating in private
practice;
(6) the number of recovery homes that accept
individuals using medication-assisted treatment in their
recovery;
(7) the number of medical professionals currently
authorized to prescribe buprenorphine and the number of
individuals who are currently prescribed the medication by
each medical professional;
(8) the existence of any partnerships between programs
licensed by the Department and other providers of
medication assisted treatment;
(9) the existence of any wait lists for individuals
seeking treatment, including any separate wait lists that

SB1828 - 17 - LRB101 10357 CPF 55463 b
exist for Medicaid recipients;
(10) any unmet need for treatment and an analysis of
the potential causes for that unmet need;
(11) any unmet need for medication-assisted treatment
and an analysis of the potential causes for that unmet
need; and
(12) a proposal for how to address any needs or
treatment capacity issues in the State.
(c) The research organization shall use Department and
federal data and records, public health data and research, and
direct surveys of treatment providers, medical professionals,
treatment participants, and current drug users not connected to
treatment in order to conduct the needs assessment. The
Department shall cooperate with the research organization to
make records and programs available to the greatest extent
possible.
(d) The needs assessment shall be developed, submitted to
the General Assembly, and made public no later than December
31, 2019.
Section 999. Effective date. This Act takes effect upon
becoming law.