Illinois General Assembly - Full Text of HB4334
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Full Text of HB4334  102nd General Assembly

HB4334 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4334

 

Introduced 1/5/2022, by Rep. Kambium Buckner

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 710/5
410 ILCS 710/10 new
720 ILCS 600/2  from Ch. 56 1/2, par. 2102

    Amends the Overdose Prevention and Harm Reduction Act. Provides that any governmental or nongovernmental entity described under specified provisions or any entity that provides medical care or health services may distribute fentanyl test strips to the public to test for the presence of fentanyl, a fentanyl analogue, or a drug adulterant within a controlled substance. Makes other changes. Amends the Drug Paraphernalia Control Act. Provides that "drug paraphernalia" does not include equipment, products, or materials to analyze or test for the presence of fentanyl, a fentanyl analogue, or a drug adulterant within a controlled substance. Effective immediately.


LRB102 22590 CPF 31732 b

 

 

A BILL FOR

 

HB4334LRB102 22590 CPF 31732 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 5. The Overdose Prevention and Harm Reduction Act
5is amended by changing Section 5 and by adding Section 10 as
6follows:
 
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

 

 

HB4334- 2 -LRB102 22590 CPF 31732 b

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 an allowable
22    entity or a program established under this Act.
23        (4) Any residual amounts of controlled substances used
24    in the course of testing the controlled substance to
25    determine the chemical composition and potential threat of
26    the substances obtained for consumption that are obtained

 

 

HB4334- 4 -LRB102 22590 CPF 31732 b

1    from or returned, directly or indirectly, to a program
2    established under this Act.
3    In addition to any other applicable immunity or limitation
4on civil liability, a law enforcement officer who, acting on
5good faith, arrests or charges a person who is thereafter
6determined to be entitled to immunity from prosecution under
7this subsection (c) shall not be subject to civil liability
8for the arrest or filing of charges.
9    (d) Prior to the commencing of operations of a program
10established under this Act, the governmental or
11nongovernmental organization shall submit to the Illinois
12Department of Public Health all of the following information:
13        (1) the name of the organization, agency, group,
14    person, or entity operating the program;
15        (2) the areas and populations to be served by the
16    program; and
17        (3) the methods by which the program will meet the
18    requirements of subsection (b) of this Section.
19    The Department of Public Health may adopt rules to
20implement this subsection.
21(Source: P.A. 101-356, eff. 8-9-19.)
 
22    (410 ILCS 710/10 new)
23    Sec. 10. Fentanyl test strips. To further promote harm
24reduction efforts, any governmental or nongovernmental entity
25described under subsection (a) of Section 5 or any entity that

 

 

HB4334- 5 -LRB102 22590 CPF 31732 b

1provides medical care or health services may distribute
2fentanyl test strips to the public to test for the presence of
3fentanyl, a fentanyl analogue, or a drug adulterant within a
4controlled substance.
 
5    Section 10. The Drug Paraphernalia Control Act is amended
6by changing Section 2 as follows:
 
7    (720 ILCS 600/2)  (from Ch. 56 1/2, par. 2102)
8    Sec. 2. As used in this Act, unless the context otherwise
9requires:
10    (a) The term "cannabis" shall have the meaning ascribed to
11it in Section 3 of the Cannabis Control Act, as if that
12definition were incorporated herein.
13    (b) The term "controlled substance" shall have the meaning
14ascribed to it in Section 102 of the Illinois Controlled
15Substances Act, as if that definition were incorporated
16herein.
17    (c) "Deliver" or "delivery" means the actual, constructive
18or attempted transfer of possession, with or without
19consideration, whether or not there is an agency relationship.
20    (d) "Drug paraphernalia" means all equipment, products and
21materials of any kind, other than methamphetamine
22manufacturing materials as defined in Section 10 of the
23Methamphetamine Control and Community Protection Act and
24cannabis paraphernalia as defined in Section 1-10 of the

 

 

HB4334- 6 -LRB102 22590 CPF 31732 b

1Cannabis Regulation and Tax Act, which are intended to be used
2unlawfully in planting, propagating, cultivating, growing,
3harvesting, manufacturing, compounding, converting,
4producing, processing, preparing, testing, analyzing,
5packaging, repackaging, storing, containing, concealing,
6injecting, ingesting, inhaling or otherwise introducing into
7the human body a controlled substance in violation of the
8Illinois Controlled Substances Act or the Methamphetamine
9Control and Community Protection Act or a synthetic drug
10product or misbranded drug in violation of the Illinois Food,
11Drug and Cosmetic Act. It includes, but is not limited to:
12        (1) kits intended to be used unlawfully in
13    manufacturing, compounding, converting, producing,
14    processing or preparing a controlled substance;
15        (2) isomerization devices intended to be used
16    unlawfully in increasing the potency of any species of
17    plant which is a controlled substance;
18        (3) testing equipment intended to be used unlawfully
19    in a private home for identifying or in analyzing the
20    strength, effectiveness or purity of controlled
21    substances;
22        (4) diluents and adulterants intended to be used
23    unlawfully for cutting a controlled substance by private
24    persons;
25        (5) objects intended to be used unlawfully in
26    ingesting, inhaling, or otherwise introducing cocaine or a

 

 

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1    synthetic drug product or misbranded drug in violation of
2    the Illinois Food, Drug and Cosmetic Act into the human
3    body including, where applicable, the following items:
4            (A) water pipes;
5            (B) carburetion tubes and devices;
6            (C) smoking and carburetion masks;
7            (D) miniature cocaine spoons and cocaine vials;
8            (E) carburetor pipes;
9            (F) electric pipes;
10            (G) air-driven pipes;
11            (H) chillums;
12            (I) bongs;
13            (J) ice pipes or chillers;
14        (6) any item whose purpose, as announced or described
15    by the seller, is for use in violation of this Act.
16    "Drug paraphernalia" does not include equipment, products,
17or materials to analyze or test for the presence of fentanyl, a
18fentanyl analogue, or a drug adulterant within a controlled
19substance.
20(Source: P.A. 101-593, eff. 12-4-19.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.