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

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-Enrolled.html

---

SB1828 Enrolled 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
Overdose Prevention and Harm Reduction 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 Enrolled - 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 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 Enrolled - 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 Enrolled - 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 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.
Section 100. 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 of drug overdose.
(1) The Department may publish annually a report on

SB1828 Enrolled - 5 - LRB101 10357 CPF 55463 b
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

SB1828 Enrolled - 6 - LRB101 10357 CPF 55463 b
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.

SB1828 Enrolled - 7 - 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 Enrolled - 8 - 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 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,
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

SB1828 Enrolled - 9 - LRB101 10357 CPF 55463 b
following programmatic elements:
(A) Training individuals who currently use drugs
in the administration of opioid antagonists approved
for the reversal of an opioid overdose.
(B) Directly distributing opioid antagonists
approved for the reversal of an opioid overdose rather
than providing prescriptions to be filled at a
pharmacy.
(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.

SB1828 Enrolled - 10 - LRB101 10357 CPF 55463 b
(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.
(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) (Blank). The Department shall give preference for

SB1828 Enrolled - 11 - LRB101 10357 CPF 55463 b
grants to proposals that, 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. The Department 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
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

SB1828 Enrolled - 12 - LRB101 10357 CPF 55463 b
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
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

SB1828 Enrolled - 13 - LRB101 10357 CPF 55463 b
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

SB1828 Enrolled - 14 - LRB101 10357 CPF 55463 b
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

SB1828 Enrolled - 15 - LRB101 10357 CPF 55463 b
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

SB1828 Enrolled - 16 - LRB101 10357 CPF 55463 b
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. 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.)
Section 200. The Hypodermic Syringes and Needles Act is
amended by changing Sections 1 and 2 as follows:

SB1828 Enrolled - 17 - LRB101 10357 CPF 55463 b
(720 ILCS 635/1) (from Ch. 38, par. 22-50)
Sec. 1. Possession of hypodermic syringes and needles.
(a) Except as provided in subsection (b), no person, not
being a physician, dentist, chiropodist or veterinarian
licensed under the laws of this State or of the state where he
resides, or a registered professional nurse, or a registered
embalmer, manufacturer or dealer in embalming supplies,
wholesale druggist, manufacturing pharmacist, registered
pharmacist, manufacturer of surgical instruments, industrial
user, official of any government having possession of the
articles hereinafter mentioned by reason of his or her official
duties, nurse or a medical laboratory technician acting under
the direction of a physician or dentist, employee of an
incorporated hospital acting under the direction of its
superintendent or officer in immediate charge, or a carrier or
messenger engaged in the transportation of the articles, or the
holder of a permit issued under Section 5 of this Act, or a
farmer engaged in the use of the instruments on livestock, or a
person engaged in chemical, clinical, pharmaceutical or other
scientific research, or a staff person, volunteer, or
participant in a needle or hypodermic syringe access program,
shall have in his or her possession a hypodermic syringe,
hypodermic needle, or any instrument adapted for the use of
controlled substances or cannabis by subcutaneous injection.
(b) A person who is at least 18 years of age may purchase

SB1828 Enrolled - 18 - LRB101 10357 CPF 55463 b
from a pharmacy and have in his or her possession up to 100
hypodermic syringes or needles.
(Source: P.A. 100-326, eff. 1-1-18.)
(720 ILCS 635/2) (from Ch. 38, par. 22-51)
Sec. 2. Sale of hypodermic syringes and needles.
(a) Except as provided in subsection (b), no syringe,
needle or instrument shall be delivered or sold to, or
exchanged with, any person except a registered pharmacist,
physician, dentist, veterinarian, registered embalmer,
manufacturer or dealer in embalming supplies, wholesale
druggist, manufacturing pharmacist, industrial user, a nurse
upon the written order of a physician or dentist, the holder of
a permit issued under Section 5 of this Act, a registered
chiropodist, or an employee of an incorporated hospital upon
the written order of its superintendent or officer in immediate
charge; provided that the provisions of this Act shall not
prohibit the sale, possession or use of hypodermic syringes or
hypodermic needles for treatment of livestock or poultry by the
owner or keeper thereof or a person engaged in chemical,
clinical, pharmaceutical or other scientific research, or a
staff person, volunteer, or participant in a needle or
hypodermic syringe access program.
(b) A pharmacist may sell up to 100 sterile hypodermic
syringes or needles to a person who is at least 18 years of
age. A syringe or needle sold under this subsection (b) must be

SB1828 Enrolled - 19 - LRB101 10357 CPF 55463 b
stored at a pharmacy and in a manner that limits access to the
syringes or needles to pharmacists employed at the pharmacy and
any persons designated by the pharmacists. A syringe or needle
sold at a pharmacy under this subsection (b) may be sold only
from the pharmacy department of the pharmacy.
(Source: P.A. 100-326, eff. 1-1-18.)
Section 999. Effective date. This Act takes effect upon
becoming law.