State of Illinois
2021 and 2022


Introduced 1/14/2021, by Rep. La Shawn K. Ford


New Act

    Creates the Safer Consumption Services Act. Provides that, notwithstanding any provision of law to the contrary, the Department of Public Health may approve an entity to operate a program in one or more jurisdictions upon satisfaction of specified requirements relating to, among other things, the safe and hygienic use of preobtained drugs. Requires the Department to establish standards for program approval and training and allows it to adopt any rules that are necessary to implement the Act. Requires the Department to approve or deny an application within 45 days after its receipt. Provides that a program approved by the Department must also be designated as an authorized needle and hypodermic syringe access program under the Overdose Prevention and Harm Reduction Act. Provides reporting requirements for entities operating programs under the Act. Provides that, except for criminal prosecution for any activities that are not conducted, permitted, and approved pursuant to the Act, specified persons related to a program shall not be subject to civil or criminal liability solely for participation or involvement in the program if it is approved by the Department under the Act.

LRB102 04289 CPF 14307 b





HB0110LRB102 04289 CPF 14307 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the Safer
5Consumption Services Act.
6    Section 5. Definitions. In this Act:
7    "Department" means the Department of Public Health.
8    "Entity" means any community-based organization that
9provides educational, health, harm reduction, housing, or
10social services and any hospital, medical clinic or office,
11health center, nursing care facility, mental health facility,
12or other similar entity that provides medical care.
13    "Participant" means an individual who seeks to utilize,
14utilizes, or has used a program established under this Act.
15    "Program" means a safer consumption services program
16established under this Act.
17    Section 10. Program approval.
18    (a) Notwithstanding the Illinois Controlled Substances
19Act, the Drug Paraphernalia Control Act, or any other
20provision of law to the contrary, the Department may approve
21an entity to operate a program in one or more jurisdictions
22upon satisfaction of the requirements set forth in subsection



HB0110- 2 -LRB102 04289 CPF 14307 b

1(d). The Department shall establish standards for program
2approval and training and may adopt any rules that are
3necessary to implement this Act.
4    (b) The Department shall approve or deny an application to
5operate a program under this Act within 45 days after receipt
6of the application and provide a written explanation of the
7basis for its approval or denial.
8    (c) An entity may make an application to operate a program
9under this Act at any time, regardless of previous
11    (d) The Department may approve an entity to operate a
12program under this Act upon submission of an application
13demonstrating that the entity shall, at a minimum:
14        (1) provide a hygienic space where participants may
15    consume their preobtained drugs that is separate from the
16    space in which the provider performs other business, if
17    any;
18        (2) provide adequate staffing by health care
19    professionals or other trained staff;
20        (3) provide sterile injection supplies, collect used
21    hypodermic needles and syringes, and provide secure
22    hypodermic needle and syringe disposal services;
23        (4) provide education on safe consumption practices,
24    proper disposal of hypodermic needles and syringes, and
25    overdose prevention, including written information in, at
26    a minimum, the 4 most commonly spoken languages in the



HB0110- 3 -LRB102 04289 CPF 14307 b

1    State as determined by the Department;
2        (5) administer first aid, if needed, and monitor
3    participants for potential overdose;
4        (6) provide referrals to addiction treatment, medical,
5    social welfare, and employment and training services;
6        (7) educate participants on the risks of contracting
7    HIV and viral hepatitis and provide sexual health
8    resources and supplies, including, but not limited to,
9    male and female condoms;
10        (8) provide participants access to naloxone or
11    referrals to obtain naloxone;
12        (9) provide reasonable and adequate security for the
13    program site and equipment;
14        (10) ensure confidentiality of program participants by
15    using an anonymous unique identifier;
16        (11) train staff members to deliver services offered
17    by the program or attend training provided by the
18    Department, if required; and
19        (12) establish operating procedures for the program
20    and eligibility criteria for program participants, if not
21    predetermined by the Department.
22    Section 15. Designation. A program approved by the
23Department under this Act must also be designated as an
24authorized needle and hypodermic syringe access program under
25the Overdose Prevention and Harm Reduction Act.



HB0110- 4 -LRB102 04289 CPF 14307 b

1    Section 20. Reporting. An entity operating a program under
2this Act shall provide an annual report to the Department at a
3date set by the Department that shall include:
4        (1) the number of program participants;
5        (2) aggregate information regarding the
6    characteristics of program participants;
7        (3) the number of hypodermic needles and syringes
8    distributed for use on-site;
9        (4) the number of overdoses experienced and the number
10    of overdoses reversed on-site; and
11        (5) the number of individuals directly and formally
12    referred to other services and the type of service.
13    Section 25. Immunity provided. Notwithstanding the
14Illinois Controlled Substances Act, the Drug Paraphernalia
15Control Act, or any other provision of law to the contrary, the
16following persons shall not be arrested, charged, or
17prosecuted for any criminal offense or be subject to any civil
18or administrative penalty, including seizure or forfeiture of
19assets or real property or disciplinary action by a
20professional licensing board, or be denied any right or
21privilege, solely for participation or involvement in a
22program approved by the Department under this Act:
23        (1) a program participant;
24        (2) a staff member or administrator of a program,



HB0110- 5 -LRB102 04289 CPF 14307 b

1    including a health care professional, manager, employee,
2    or volunteer; and
3        (3) a property owner who owns real property at which a
4    program is located and operates.
5    Section 30. Limitations on immunity. Notwithstanding the
6provisions of Section 25, a property owner, staff member,
7administrator, manager, employee, volunteer, or individual
8utilizing or participating in a program under this Act is not
9immune from criminal prosecution for any activities that are
10not conducted, permitted, and approved under this Act.