Illinois General Assembly - Full Text of HB4556
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Full Text of HB4556  102nd General Assembly




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1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Overdose Prevention and Harm Reduction Act
5is amended by changing Section 5 and by adding Section 10 as
7    (410 ILCS 710/5)
8    Sec. 5. Needle and hypodermic syringe access program.
9    (a) Any governmental or nongovernmental organization,
10including a local health department, community-based
11organization, or a person or entity, that promotes
12scientifically proven ways of mitigating health risks
13associated with drug use and other high-risk behaviors may
14establish and operate a needle and hypodermic syringe access
15program. The objective of the program shall be accomplishing
16all of the following:
17        (1) reducing the spread of HIV, AIDS, viral hepatitis,
18    and other bloodborne diseases;
19        (2) reducing the potential for needle stick injuries
20    from discarded contaminated equipment; and
21        (3) facilitating connections or linkages to
22    evidence-based treatment.
23    (b) Programs established under this Act shall provide all



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1of the following:
2        (1) Disposal of used needles and hypodermic syringes.
3        (2) Needles, hypodermic syringes, and other safer drug
4    consumption supplies, at no cost and in quantities
5    sufficient to ensure that needles, hypodermic syringes, or
6    other supplies are not shared or reused.
7        (3) Educational materials or training on:
8            (A) overdose prevention and intervention; and
9            (B) the prevention of HIV, AIDS, viral hepatitis,
10        and other common bloodborne diseases resulting from
11        shared drug consumption equipment and supplies.
12        (4) Access to opioid antagonists approved for the
13    reversal of an opioid overdose, or referrals to programs
14    that provide access to opioid antagonists approved for the
15    reversal of an opioid overdose.
16        (5) Linkages to needed services, including mental
17    health treatment, housing programs, substance use disorder
18    treatment, and other relevant community services.
19        (6) Individual consultations from a trained employee
20    tailored to individual needs.
21        (7) If feasible, a hygienic, separate space for
22    individuals who need to administer a prescribed injectable
23    medication that can also be used as a quiet space to gather
24    composure in the event of an adverse on-site incident,
25    such as a nonfatal overdose.
26        (8) If feasible, access to on-site drug adulterant



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1    testing supplies such as reagents, test strips, or
2    quantification instruments that provide critical real-time
3    information on the composition of substances obtained for
4    consumption.
5    (c) Notwithstanding any provision of the Illinois
6Controlled Substances Act, the Drug Paraphernalia Control Act,
7or any other law, no employee or volunteer of or participant in
8a program established under this Act shall be charged with or
9prosecuted for possession of any of the following:
10        (1) Needles, hypodermic syringes, or other drug
11    consumption paraphernalia obtained from or returned,
12    directly or indirectly, to a program established under
13    this Act.
14        (2) Residual amounts of a controlled substance
15    contained in used needles, used hypodermic syringes, or
16    other used drug consumption paraphernalia obtained from or
17    returned, directly or indirectly, to a program established
18    under this Act.
19        (3) Drug adulterant testing supplies such as reagents,
20    test strips, or quantification instruments obtained from
21    or returned, directly or indirectly, to a program
22    established under this Act or a pharmacy, hospital,
23    clinic, or other health care facility or medical office
24    dispensing drug adulterant testing supplies in accordance
25    with Section 10. This paragraph also applies to any
26    employee or customer of a pharmacy, hospital, clinic, or



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1    other health care facility or medical office dispensing
2    drug adulterant testing supplies in accordance with
3    Section 10.
4        (4) Any residual amounts of controlled substances used
5    in the course of testing the controlled substance to
6    determine the chemical composition and potential threat of
7    the substances obtained for consumption that are obtained
8    from or returned, directly or indirectly, to a program
9    established under this Act. This paragraph also applies to
10    any person using drug adulterant testing supplies procured
11    in accordance with Section 10 of this Act.
12    In addition to any other applicable immunity or limitation
13on civil liability, a law enforcement officer who, acting on
14good faith, arrests or charges a person who is thereafter
15determined to be entitled to immunity from prosecution under
16this subsection (c) shall not be subject to civil liability
17for the arrest or filing of charges.
18    (d) Prior to the commencing of operations of a program
19established under this Act, the governmental or
20nongovernmental organization shall submit to the Illinois
21Department of Public Health all of the following information:
22        (1) the name of the organization, agency, group,
23    person, or entity operating the program;
24        (2) the areas and populations to be served by the
25    program; and
26        (3) the methods by which the program will meet the



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1    requirements of subsection (b) of this Section.
2    The Department of Public Health may adopt rules to
3implement this subsection.
4(Source: P.A. 101-356, eff. 8-9-19.)
5    (410 ILCS 710/10 new)
6    Sec. 10. Dispensing of drug adulterant testing supplies. A
7pharmacist, physician, advanced practice registered nurse, or
8physician assistant, or the pharmacist's, physician's,
9advanced practice registered nurse's, or physician assistant's
10designee, may dispense drug adulterant testing supplies to any
11person. Any drug adulterant testing supplies dispensed under
12this Section must be stored at a licensed pharmacy, hospital,
13clinic, or other health care facility or at the medical office
14of a physician, advanced practice registered nurse, or
15physician assistant and in a manner that limits access to the
16drug adulterant testing supplies to pharmacists, physicians,
17advanced practice registered nurses, or physician assistants
18employed at the pharmacy, hospital, clinic, or other health
19care facility or medical office and any persons designated by
20the pharmacist, physician, advanced practice registered nurse,
21or physician assistant. Drug adulterant testing supplies
22dispensed at a retail store containing a pharmacy under this
23Section may be dispensed only from the pharmacy department of
24the retail store. No quantity of drug adulterant testing
25supplies greater than necessary to conduct 5 assays of



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1substances suspected of containing adulterants shall be
2dispensed in any single transaction.
3    Section 99. Effective date. This Act takes effect upon
4becoming law.