Full Text of SB0010 99th General Assembly
SB0010sam001 99TH GENERAL ASSEMBLY | Sen. Donne E. Trotter Filed: 3/2/2015
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| 1 | | AMENDMENT TO SENATE BILL 10
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 10 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Alcoholism and Other Drug Abuse and | 5 | | Dependency 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 | 25 | | treatment 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 | 14 | | Section 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 | 18 | | appointment of
Department of State Police officers shall be | 19 | | made from those applicants who
have been certified by the Board | 20 | | as being qualified for appointment. All
persons so appointed | 21 | | shall, at the time of their appointment, be not less than
21 | 22 | | years of age, or 20 years of age and have successfully | 23 | | completed 2 years of
law enforcement studies , including | 24 | | training in the administration of opioid antidotes, as defined |
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| 1 | | in paragraph (4) of subsection (d) of Section 5-23 of the | 2 | | Alcoholism and Other Drug Abuse and Dependency Act, for use in | 3 | | prehospital emergency medical care, at an accredited college or | 4 | | university. Any person
appointed subsequent to successful | 5 | | completion of 2 years of such law
enforcement studies shall not | 6 | | have power of arrest, nor shall he be permitted
to carry | 7 | | firearms, until he reaches 21 years of age. In addition,
all | 8 | | persons so certified for appointment shall be of sound mind and | 9 | | body, be of
good moral character, be citizens of the United | 10 | | States, have no criminal
records, possess such prerequisites of | 11 | | training, education and experience as
the Board may from time | 12 | | to time prescribe, and shall be required to pass
successfully | 13 | | such mental and physical tests and examinations as may be
| 14 | | prescribed by the Board. Notwithstanding any Board rule to the | 15 | | contrary, all persons who either: (i) have been honorably | 16 | | discharged and who have been awarded a Southwest Asia Service | 17 | | Medal, Kosovo Campaign Medal, Korean Defense Service Medal, | 18 | | Afghanistan Campaign Medal, Iraq Campaign Medal, or Global War | 19 | | on Terrorism Expeditionary Medal by the United States Armed | 20 | | Forces or (ii) are active members of the Illinois National | 21 | | Guard or a reserve component of the United States Armed Forces | 22 | | and who have been awarded a Southwest Asia Service Medal, | 23 | | Kosovo Campaign Medal, Korean Defense Service Medal, | 24 | | Afghanistan Campaign Medal, Iraq Campaign Medal, or Global War | 25 | | on Terrorism Expeditionary Medal as a result of honorable | 26 | | service during deployment on active duty, are deemed to have |
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| 1 | | met the collegiate educational requirements. Preference shall | 2 | | be given in such appointments to
persons who have honorably | 3 | | served in the military or naval services of the
United States. | 4 | | All appointees shall serve a probationary period of 12 months
| 5 | | from the date of appointment and during that period may be | 6 | | discharged at the
will of the Director. However, the Director | 7 | | may in his or her sole discretion
extend the probationary | 8 | | period of an officer up to an additional 6 months when
to do so | 9 | | is deemed in the best interest of the Department.
| 10 | | (b) Notwithstanding the other provisions of this Act, after | 11 | | July 1,
1977 and before July 1, 1980, the Director of State | 12 | | Police may appoint and
promote not more than 20 persons having | 13 | | special qualifications as special
agents as he deems necessary | 14 | | to carry out the Department's objectives. Any
such appointment | 15 | | or promotion shall be ratified by the Board.
| 16 | | (c) During the 90 days following the effective date of this | 17 | | amendatory Act
of 1995, the Director of State Police may | 18 | | appoint up to 25 persons as State
Police officers. These | 19 | | appointments shall be made in accordance with the
requirements | 20 | | of this subsection (c) and any additional criteria that may be
| 21 | | established by the Director, but are not subject to any other | 22 | | requirements of
this Act. The Director may specify the initial | 23 | | rank for each person appointed
under this subsection.
| 24 | | All appointments under this subsection (c) shall be made | 25 | | from personnel
certified by the Board. A person certified by | 26 | | the Board and appointed by the
Director under this subsection |
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| 1 | | must have been employed by the Illinois Commerce
Commission on | 2 | | November 30, 1994 in a job title
subject to the Personnel Code | 3 | | and in a position for which the person was
eligible to earn | 4 | | "eligible creditable service" as a "noncovered employee", as
| 5 | | those terms are defined in Article 14 of the Illinois Pension | 6 | | Code.
| 7 | | Persons appointed under this subsection (c) shall | 8 | | thereafter be subject to
the same requirements and procedures | 9 | | as other State police officers. A person
appointed under this | 10 | | subsection must serve a probationary period of 12 months
from | 11 | | the date of appointment, during which he or she may be | 12 | | discharged at the
will of the Director.
| 13 | | This subsection (c) does not affect or limit the Director's | 14 | | authority to
appoint other State Police officers under | 15 | | subsection (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 | 18 | | adding Section 10.17 as follows: | 19 | | (50 ILCS 705/10.17 new) | 20 | | Sec. 10.17. Training; opioid antidotes. The Illinois Law | 21 | | Enforcement Training Standards Board shall conduct or approve a | 22 | | training program in opioid antidotes, as defined in paragraph | 23 | | (4) of subsection (d) of Section 5-23 of the Alcoholism and | 24 | | Other Drug Abuse and Dependency Act, use for law enforcement |
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| 1 | | officers of local government agencies. The purpose of that | 2 | | training shall be to equip law enforcement officers of local | 3 | | government agencies to administer opioid antidotes for use in | 4 | | prehospital emergency medical care. | 5 | | Section 20. The Illinois Fire Protection Training Act is | 6 | | amended 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
| 9 | | shall adopt rules and minimum standards for such
schools which | 10 | | shall include but not be limited to the following:
| 11 | | a. Minimum courses of study, resources, facilities, | 12 | | apparatus,
equipment, reference material, established records | 13 | | and procedures as
determined by the Office.
| 14 | | b. Minimum requirements for instructors.
| 15 | | c. Minimum basic training requirements, which a trainee | 16 | | must
satisfactorily complete before being eligible for | 17 | | permanent employment
as a fire fighter in the fire department | 18 | | of a participating local
governmental agency.
Those | 19 | | requirements shall include , but are not limited to, training in | 20 | | first aid (including
cardiopulmonary resuscitation) and | 21 | | training in the administration of opioid antidotes, as defined | 22 | | in paragraph (4) of subsection (d) of Section 5-23 of the | 23 | | Alcoholism and Other Drug Abuse and Dependency Act, for use in | 24 | | prehospital 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 | 3 | | becoming law.".
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