Illinois General Assembly - Full Text of SB0010
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Full Text of SB0010  99th General Assembly


Sen. Donne E. Trotter

Filed: 3/2/2015





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2    AMENDMENT NO. ______. Amend Senate Bill 10 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Alcoholism and Other Drug Abuse and
5Dependency Act is amended by changing Section 5-23 as follows:
6    (20 ILCS 301/5-23)
7    Sec. 5-23. Drug Overdose Prevention Program.
8    (a) Reports of drug overdose.
9        (1) The Director of the Division of Alcoholism and
10    Substance Abuse may publish annually a report on drug
11    overdose trends statewide that reviews State death rates
12    from available data to ascertain changes in the causes or
13    rates of fatal and nonfatal drug overdose for the preceding
14    period of not less than 5 years. The report shall also
15    provide information on interventions that would be
16    effective in reducing the rate of fatal or nonfatal drug



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1    overdose.
2        (2) The report may include:
3            (A) Trends in drug overdose death rates.
4            (B) Trends in emergency room utilization related
5        to drug overdose and the cost impact of emergency room
6        utilization.
7            (C) Trends in utilization of pre-hospital and
8        emergency services and the cost impact of emergency
9        services utilization.
10            (D) Suggested improvements in data collection.
11            (E) A description of other interventions effective
12        in reducing the rate of fatal or nonfatal drug
13        overdose.
14    (b) Programs; drug overdose prevention.
15        (1) The Director may establish a program to provide for
16    the production and publication, in electronic and other
17    formats, of drug overdose prevention, recognition, and
18    response literature. The Director may develop and
19    disseminate curricula for use by professionals,
20    organizations, individuals, or committees interested in
21    the prevention of fatal and nonfatal drug overdose,
22    including, but not limited to, drug users, jail and prison
23    personnel, jail and prison inmates, drug treatment
24    professionals, emergency medical personnel, hospital
25    staff, families and associates of drug users, peace
26    officers, firefighters, public safety officers, needle



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1    exchange program staff, and other persons. In addition to
2    information regarding drug overdose prevention,
3    recognition, and response, literature produced by the
4    Department shall stress that drug use remains illegal and
5    highly dangerous and that complete abstinence from illegal
6    drug use is the healthiest choice. The literature shall
7    provide information and resources for substance abuse
8    treatment.
9        The Director may establish or authorize programs for
10    prescribing, dispensing, or distributing naloxone
11    hydrochloride or any other similarly acting and equally
12    safe drug approved by the U.S. Food and Drug Administration
13    for the treatment of drug overdose. Such programs may
14    include the prescribing of naloxone hydrochloride or any
15    other similarly acting and equally safe drug approved by
16    the U.S. Food and Drug Administration for the treatment of
17    drug overdose to and education about administration by
18    individuals who are not personally at risk of opioid
19    overdose.
20        (2) The Director may provide advice to State and local
21    officials on the growing drug overdose crisis, including
22    the prevalence of drug overdose incidents, trends in drug
23    overdose incidents, and solutions to the drug overdose
24    crisis.
25    (c) Grants.
26        (1) The Director may award grants, in accordance with



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1    this subsection, to create or support local drug overdose
2    prevention, recognition, and response projects. Local
3    health departments, correctional institutions, hospitals,
4    universities, community-based organizations, and
5    faith-based organizations may apply to the Department for a
6    grant under this subsection at the time and in the manner
7    the Director prescribes.
8        (2) In awarding grants, the Director shall consider the
9    necessity for overdose prevention projects in various
10    settings and shall encourage all grant applicants to
11    develop interventions that will be effective and viable in
12    their local areas.
13        (3) The Director shall give preference for grants to
14    proposals that, in addition to providing life-saving
15    interventions and responses, provide information to drug
16    users on how to access drug treatment or other strategies
17    for abstaining from illegal drugs. The Director shall give
18    preference to proposals that include one or more of the
19    following elements:
20            (A) Policies and projects to encourage persons,
21        including drug users, to call 911 when they witness a
22        potentially fatal drug overdose.
23            (B) Drug overdose prevention, recognition, and
24        response education projects in drug treatment centers,
25        outreach programs, and other organizations that work
26        with, or have access to, drug users and their families



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1        and communities.
2            (C) Drug overdose recognition and response
3        training, including rescue breathing, in drug
4        treatment centers and for other organizations that
5        work with, or have access to, drug users and their
6        families and communities.
7            (D) The production and distribution of targeted or
8        mass media materials on drug overdose prevention and
9        response.
10            (E) Prescription and distribution of naloxone
11        hydrochloride or any other similarly acting and
12        equally safe drug approved by the U.S. Food and Drug
13        Administration for the treatment of drug overdose.
14            (F) The institution of education and training
15        projects on drug overdose response and treatment for
16        emergency services and law enforcement personnel.
17            (G) A system of parent, family, and survivor
18        education and mutual support groups.
19        (4) In addition to moneys appropriated by the General
20    Assembly, the Director may seek grants from private
21    foundations, the federal government, and other sources to
22    fund the grants under this Section and to fund an
23    evaluation of the programs supported by the grants.
24    (d) Health care professional prescription of drug overdose
25treatment medication.
26        (1) A health care professional who, acting in good



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1    faith, directly or by standing order, prescribes or
2    dispenses an opioid antidote to a patient who, in the
3    judgment of the health care professional, is capable of
4    administering the drug in an emergency, shall not, as a
5    result of his or her acts or omissions, be subject to
6    disciplinary or other adverse action under the Medical
7    Practice Act of 1987, the Physician Assistant Practice Act
8    of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
9    or any other professional licensing statute.
10        (2) A person, including, but not limited to, a State
11    Police Officer, a law enforcement officer of a local
12    government agency, fire protection personnel, and a fire
13    fighter, who is not otherwise licensed to administer an
14    opioid antidote may in an emergency administer without fee
15    an opioid antidote if the person has received the same
16    information that patients receive, as specified under the
17    definition of patient information specified in paragraph
18    (4) of this subsection, or the person has received training
19    in the administration of opioid antidotes, and believes in
20    good faith that another person is experiencing a drug
21    overdose. The person shall not, as a result of his or her
22    acts or omissions, be liable for any violation of the
23    Medical Practice Act of 1987, the Physician Assistant
24    Practice Act of 1987, the Nurse Practice Act, the Pharmacy
25    Practice Act, or any other professional licensing statute,
26    or subject to any criminal prosecution arising from or



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1    related to the unauthorized practice of medicine or the
2    possession of an opioid antidote.
3        (3) A health care professional prescribing an opioid
4    antidote to a patient shall ensure that the patient
5    receives the patient information specified in paragraph
6    (4) of this subsection. Patient information may be provided
7    by the health care professional or a community-based
8    organization, substance abuse program, or other
9    organization with which the health care professional
10    establishes a written agreement that includes a
11    description of how the organization will provide patient
12    information, how employees or volunteers providing
13    information will be trained, and standards for documenting
14    the provision of patient information to patients.
15    Provision of patient information shall be documented in the
16    patient's medical record or through similar means as
17    determined by agreement between the health care
18    professional and the organization. The Director of the
19    Division of Alcoholism and Substance Abuse, in
20    consultation with statewide organizations representing
21    physicians, advanced practice nurses, physician
22    assistants, substance abuse programs, and other interested
23    groups, shall develop and disseminate to health care
24    professionals, community-based organizations, substance
25    abuse programs, and other organizations training materials
26    in video, electronic, or other formats to facilitate the



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1    provision of such patient information.
2        (4) For the purposes of this subsection:
3        "Fire protection personnel" and "fire fighter" have
4    the meanings ascribed to those terms in Section 2 of the
5    Illinois Fire Protection Training Act.
6        "Law enforcement officer" and "local government
7    agency" have the meanings ascribed to those terms in
8    Section 2 of the Illinois Police Training Act.
9        "Opioid antidote" means naloxone hydrochloride or any
10    other similarly acting and equally safe drug approved by
11    the U.S. Food and Drug Administration for the treatment of
12    drug overdose.
13        "Health care professional" means a physician licensed
14    to practice medicine in all its branches, a physician
15    assistant who has been delegated the prescription or
16    dispensation of an opioid antidote by his or her
17    supervising physician, an advanced practice registered
18    nurse who has a written collaborative agreement with a
19    collaborating physician that authorizes the prescription
20    or dispensation of an opioid antidote, or an advanced
21    practice nurse who practices in a hospital or ambulatory
22    surgical treatment center and possesses appropriate
23    clinical privileges in accordance with the Nurse Practice
24    Act.
25        "Patient" includes a person who is not at risk of
26    opioid overdose but who, in the judgment of the physician,



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1    may be in a position to assist another individual during an
2    overdose and who has received patient information as
3    required in paragraph (2) of this subsection on the
4    indications for and administration of an opioid antidote.
5        "Patient information" includes information provided to
6    the patient on drug overdose prevention and recognition;
7    how to perform rescue breathing and resuscitation; opioid
8    antidote dosage and administration; the importance of
9    calling 911; care for the overdose victim after
10    administration of the overdose antidote; and other issues
11    as necessary.
12(Source: P.A. 96-361, eff. 1-1-10.)
13    Section 10. The State Police Act is amended by changing
14Section 9 as follows:
15    (20 ILCS 2610/9)  (from Ch. 121, par. 307.9)
16    Sec. 9. Appointment; qualifications.
17    (a) Except as otherwise provided in this Section, the
18appointment of Department of State Police officers shall be
19made from those applicants who have been certified by the Board
20as being qualified for appointment. All persons so appointed
21shall, at the time of their appointment, be not less than 21
22years of age, or 20 years of age and have successfully
23completed 2 years of law enforcement studies, including
24training in the administration of opioid antidotes, as defined



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1in paragraph (4) of subsection (d) of Section 5-23 of the
2Alcoholism and Other Drug Abuse and Dependency Act, for use in
3prehospital emergency medical care, at an accredited college or
4university. Any person appointed subsequent to successful
5completion of 2 years of such law enforcement studies shall not
6have power of arrest, nor shall he be permitted to carry
7firearms, until he reaches 21 years of age. In addition, all
8persons so certified for appointment shall be of sound mind and
9body, be of good moral character, be citizens of the United
10States, have no criminal records, possess such prerequisites of
11training, education and experience as the Board may from time
12to time prescribe, and shall be required to pass successfully
13such mental and physical tests and examinations as may be
14prescribed by the Board. Notwithstanding any Board rule to the
15contrary, all persons who either: (i) have been honorably
16discharged and who have been awarded a Southwest Asia Service
17Medal, Kosovo Campaign Medal, Korean Defense Service Medal,
18Afghanistan Campaign Medal, Iraq Campaign Medal, or Global War
19on Terrorism Expeditionary Medal by the United States Armed
20Forces or (ii) are active members of the Illinois National
21Guard or a reserve component of the United States Armed Forces
22and who have been awarded a Southwest Asia Service Medal,
23Kosovo Campaign Medal, Korean Defense Service Medal,
24Afghanistan Campaign Medal, Iraq Campaign Medal, or Global War
25on Terrorism Expeditionary Medal as a result of honorable
26service during deployment on active duty, are deemed to have



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1met the collegiate educational requirements. Preference shall
2be given in such appointments to persons who have honorably
3served in the military or naval services of the United States.
4All appointees shall serve a probationary period of 12 months
5from the date of appointment and during that period may be
6discharged at the will of the Director. However, the Director
7may in his or her sole discretion extend the probationary
8period of an officer up to an additional 6 months when to do so
9is deemed in the best interest of the Department.
10    (b) Notwithstanding the other provisions of this Act, after
11July 1, 1977 and before July 1, 1980, the Director of State
12Police may appoint and promote not more than 20 persons having
13special qualifications as special agents as he deems necessary
14to carry out the Department's objectives. Any such appointment
15or promotion shall be ratified by the Board.
16    (c) During the 90 days following the effective date of this
17amendatory Act of 1995, the Director of State Police may
18appoint up to 25 persons as State Police officers. These
19appointments shall be made in accordance with the requirements
20of this subsection (c) and any additional criteria that may be
21established by the Director, but are not subject to any other
22requirements of this Act. The Director may specify the initial
23rank for each person appointed under this subsection.
24    All appointments under this subsection (c) shall be made
25from personnel certified by the Board. A person certified by
26the Board and appointed by the Director under this subsection



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1must have been employed by the Illinois Commerce Commission on
2November 30, 1994 in a job title subject to the Personnel Code
3and in a position for which the person was eligible to earn
4"eligible creditable service" as a "noncovered employee", as
5those terms are defined in Article 14 of the Illinois Pension
7    Persons appointed under this subsection (c) shall
8thereafter be subject to the same requirements and procedures
9as other State police officers. A person appointed under this
10subsection must serve a probationary period of 12 months from
11the date of appointment, during which he or she may be
12discharged at the will of the Director.
13    This subsection (c) does not affect or limit the Director's
14authority to appoint other State Police officers under
15subsection (a) of this Section.
16(Source: P.A. 97-640, eff. 12-19-11; 98-54, eff. 1-1-14.)
17    Section 15. The Illinois Police Training Act is amended by
18adding Section 10.17 as follows:
19    (50 ILCS 705/10.17 new)
20    Sec. 10.17. Training; opioid antidotes. The Illinois Law
21Enforcement Training Standards Board shall conduct or approve a
22training program in opioid antidotes, as defined in paragraph
23(4) of subsection (d) of Section 5-23 of the Alcoholism and
24Other Drug Abuse and Dependency Act, use for law enforcement



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1officers of local government agencies. The purpose of that
2training shall be to equip law enforcement officers of local
3government agencies to administer opioid antidotes for use in
4prehospital emergency medical care.
5    Section 20. The Illinois Fire Protection Training Act is
6amended by changing Section 8 as follows:
7    (50 ILCS 740/8)  (from Ch. 85, par. 538)
8    Sec. 8. Rules and minimum standards for schools. The Office
9shall adopt rules and minimum standards for such schools which
10shall include but not be limited to the following:
11    a. Minimum courses of study, resources, facilities,
12apparatus, equipment, reference material, established records
13and procedures as determined by the Office.
14    b. Minimum requirements for instructors.
15    c. Minimum basic training requirements, which a trainee
16must satisfactorily complete before being eligible for
17permanent employment as a fire fighter in the fire department
18of a participating local governmental agency. Those
19requirements shall include, but are not limited to, training in
20first aid (including cardiopulmonary resuscitation) and
21training in the administration of opioid antidotes, as defined
22in paragraph (4) of subsection (d) of Section 5-23 of the
23Alcoholism and Other Drug Abuse and Dependency Act, for use in
24prehospital emergency medical care.



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1(Source: P.A. 88-661, eff. 1-1-95.)
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".