SB2185 - 104th General Assembly
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| 1 | AMENDMENT TO SENATE BILL 2185 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 2185, AS AMENDED, | ||||||
| 3 | by replacing everything after the enacting clause with the | ||||||
| 4 | following: | ||||||
| 5 | "Section 5. The Unified Code of Corrections is amended by | ||||||
| 6 | adding Section 3-6-2.1 as follows: | ||||||
| 7 | (730 ILCS 5/3-6-2.1 new) | ||||||
| 8 | Sec. 3-6-2.1. Medication for opioid use disorder. | ||||||
| 9 | (a) In this Section: | ||||||
| 10 | "Clinically indicated" means a medical procedure or | ||||||
| 11 | treatment is based upon the treatment provider's medical | ||||||
| 12 | judgment in accordance with the current generally accepted | ||||||
| 13 | standards of care. | ||||||
| 14 | "Medication-assisted treatment" means the use of U.S. | ||||||
| 15 | Federal Drug Administration-approved medications, in | ||||||
| 16 | combination with counseling and behavioral therapies, to | ||||||
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| 1 | provide a whole patient approach to the treatment of substance | ||||||
| 2 | use disorders. | ||||||
| 3 | "Medications for opioid use disorder" means the use of | ||||||
| 4 | U.S. Federal Drug Administration-approved medications to treat | ||||||
| 5 | substance use disorders. | ||||||
| 6 | (b) Within 24 hours of admission to a correctional | ||||||
| 7 | institution or facility, each committed person shall be | ||||||
| 8 | screened for substance use disorders as part of an initial and | ||||||
| 9 | ongoing substance use screening and assessment process. This | ||||||
| 10 | process shall include screening and assessment for opioid use | ||||||
| 11 | disorders. The Department shall ensure that all persons under | ||||||
| 12 | its care are assessed for substance use disorder not less than | ||||||
| 13 | once per calendar year. | ||||||
| 14 | (c) A committed person who is admitted to a correctional | ||||||
| 15 | institution or facility while under the medical care of a | ||||||
| 16 | licensed physician, a licensed physician assistant, or a | ||||||
| 17 | licensed nurse practitioner and who is taking medication at | ||||||
| 18 | the time of admission as verified by the individual's pharmacy | ||||||
| 19 | of record, primary care provider, other licensed care | ||||||
| 20 | provider, or a prescription monitoring or information system, | ||||||
| 21 | shall have that medication continued and provided by the | ||||||
| 22 | Department pending an evaluation by a licensed physician, a | ||||||
| 23 | licensed physician assistant, or a licensed nurse practitioner | ||||||
| 24 | and subject to the treatment provider's medical judgment. The | ||||||
| 25 | Department may defer provision of a validly prescribed | ||||||
| 26 | medication in accordance with this subsection if, in the | ||||||
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| 1 | judgment of a licensed physician, a licensed physician | ||||||
| 2 | assistant, or a licensed nurse practitioner, continuation of | ||||||
| 3 | the medication is no longer clinically indicated. | ||||||
| 4 | A committed person who is admitted to a correctional | ||||||
| 5 | institution or facility while under the medical care of a | ||||||
| 6 | licensed physician, a licensed physician assistant, or a | ||||||
| 7 | licensed nurse practitioner and who is taking medication for | ||||||
| 8 | an opioid use disorder or participating in medication-assisted | ||||||
| 9 | treatment at the time of admission as verified by the | ||||||
| 10 | individual's pharmacy of record, primary care provider, other | ||||||
| 11 | licensed care provider, or a prescription monitoring or | ||||||
| 12 | information system, shall have the committed person's | ||||||
| 13 | medication continued and provided by the Department pending an | ||||||
| 14 | evaluation by a licensed physician, a licensed physician | ||||||
| 15 | assistant, or a licensed nurse practitioner and subject to the | ||||||
| 16 | treatment provider's medical judgment. The Department may | ||||||
| 17 | defer provision of a validly prescribed medication in | ||||||
| 18 | accordance with this subsection if, in the judgment of a | ||||||
| 19 | licensed physician, a licensed physician assistant, or a | ||||||
| 20 | licensed nurse practitioner, continuation of the medication is | ||||||
| 21 | no longer clinically indicated. An individual participating in | ||||||
| 22 | a medication-assisted treatment program may have counseling | ||||||
| 23 | and behavioral therapies continued to the extent possible. | ||||||
| 24 | If at any time a committed person screens positive as | ||||||
| 25 | having or being at risk for an opioid use disorder, is | ||||||
| 26 | diagnosed with an opioid use disorder, or is exhibiting | ||||||
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| 1 | symptoms of withdrawal from an opioid use disorder, and | ||||||
| 2 | medications for opioid use disorder or medication-assisted | ||||||
| 3 | treatment is clinically indicated by a licensed physician, a | ||||||
| 4 | licensed physician assistant, or a licensed nurse | ||||||
| 5 | practitioner, then the individual may consent to commence | ||||||
| 6 | medications for opioid use disorder or, if available, | ||||||
| 7 | medication-assisted treatment, which shall be provided and | ||||||
| 8 | funded by the Department with the use of any opioid settlement | ||||||
| 9 | funds allocated to the Department. The committed person shall | ||||||
| 10 | be authorized to receive the medication immediately and for as | ||||||
| 11 | long as clinically indicated. | ||||||
| 12 | No person shall be denied medication for opioid use | ||||||
| 13 | disorder or participation in medication-assisted treatment | ||||||
| 14 | based on prior success or failure of any medication for opioid | ||||||
| 15 | use disorder treatment or any medication-assisted treatment | ||||||
| 16 | program. | ||||||
| 17 | (d) The licensed practitioner who makes the clinical | ||||||
| 18 | judgment to discontinue the use of medication or | ||||||
| 19 | medication-assisted treatment shall enter the reason for the | ||||||
| 20 | discontinuance to be entered into the committed person's | ||||||
| 21 | medical record, specifically stating the reason for | ||||||
| 22 | discontinuance. The individual shall be provided, both orally | ||||||
| 23 | and in writing, with a specific explanation of the decision to | ||||||
| 24 | discontinue the medication. | ||||||
| 25 | (e) As part of the reentry planning, the Department shall | ||||||
| 26 | commence medications for opioid use disorder or, if available, | ||||||
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| 1 | medication-assisted treatment, prior to an individual's | ||||||
| 2 | release if: | ||||||
| 3 | (1) the individual screens positive as having an | ||||||
| 4 | opioid use disorder, being at risk for an opioid use | ||||||
| 5 | disorder, or exhibiting symptoms of withdrawal from an | ||||||
| 6 | opioid use disorder; | ||||||
| 7 | (2) medication for opioid use disorder or | ||||||
| 8 | medication-assisted treatment is clinically indicated by a | ||||||
| 9 | licensed physician, a licensed physician assistant, or a | ||||||
| 10 | licensed nurse practitioner; and | ||||||
| 11 | (3) the individual consents to commence medications | ||||||
| 12 | for opioid use disorder or medication-assisted treatment. | ||||||
| 13 | Upon reentry, the Department shall provide an individual | ||||||
| 14 | who is taking medication for opioid use disorder and is | ||||||
| 15 | participating in medication-assisted treatment with a referral | ||||||
| 16 | to a community-based provider who may assist the individual | ||||||
| 17 | with continued medications for opioid use disorder and | ||||||
| 18 | medication-assisted treatment care.". | ||||||
