Full Text of SB1810 99th General Assembly
SB1810eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 17 | | overdose. | 18 | | (2) The report may include: | 19 | | (A) Trends in drug overdose death rates. | 20 | | (B) Trends in emergency room utilization related | 21 | | to drug overdose and the cost impact of emergency room | 22 | | utilization. | 23 | | (C) Trends in utilization of pre-hospital and |
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| 1 | | emergency services and the cost impact of emergency | 2 | | services utilization. | 3 | | (D) Suggested improvements in data collection. | 4 | | (E) A description of other interventions effective | 5 | | in reducing the rate of fatal or nonfatal drug | 6 | | overdose. | 7 | | (b) Programs; drug overdose prevention. | 8 | | (1) The Director may establish a program to provide for | 9 | | the production and publication, in electronic and other | 10 | | formats, of drug overdose prevention, recognition, and | 11 | | response literature. The Director may develop and | 12 | | disseminate curricula for use by professionals, | 13 | | organizations, individuals, or committees interested in | 14 | | the prevention of fatal and nonfatal drug overdose, | 15 | | including, but not limited to, drug users, jail and prison | 16 | | personnel, jail and prison inmates, drug treatment | 17 | | professionals, emergency medical personnel, hospital | 18 | | staff, families and associates of drug users, peace | 19 | | officers, firefighters, public safety officers, needle | 20 | | exchange program staff, and other persons. In addition to | 21 | | information regarding drug overdose prevention, | 22 | | recognition, and response, literature produced by the | 23 | | Department shall stress that drug use remains illegal and | 24 | | highly dangerous and that complete abstinence from illegal | 25 | | drug use is the healthiest choice. The literature shall | 26 | | provide information and resources for substance abuse |
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| 1 | | treatment. | 2 | | The Director may establish or authorize programs for | 3 | | prescribing, dispensing, or distributing naloxone | 4 | | hydrochloride or any other similarly acting and equally | 5 | | safe drug approved by the U.S. Food and Drug Administration | 6 | | for the treatment of drug overdose. Such programs may | 7 | | include the prescribing of naloxone hydrochloride or any | 8 | | other similarly acting and equally safe drug approved by | 9 | | the U.S. Food and Drug Administration for the treatment of | 10 | | drug overdose to and education about administration by | 11 | | individuals who are not personally at risk of opioid | 12 | | overdose. | 13 | | (2) The Director may provide advice to State and local | 14 | | officials on the growing drug overdose crisis, including | 15 | | the prevalence of drug overdose incidents, trends in drug | 16 | | overdose incidents, and solutions to the drug overdose | 17 | | crisis. | 18 | | (c) Grants. | 19 | | (1) The Director may award grants, in accordance with | 20 | | this subsection, to create or support local drug overdose | 21 | | prevention, recognition, and response projects. Local | 22 | | health departments, correctional institutions, hospitals, | 23 | | universities, community-based organizations, and | 24 | | faith-based organizations may apply to the Department for a | 25 | | grant under this subsection at the time and in the manner | 26 | | the Director prescribes. |
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| 1 | | (2) In awarding grants, the Director shall consider the | 2 | | necessity for overdose prevention projects in various | 3 | | settings and shall encourage all grant applicants to | 4 | | develop interventions that will be effective and viable in | 5 | | their local areas. | 6 | | (3) The Director shall give preference for grants to | 7 | | proposals that, in addition to providing life-saving | 8 | | interventions and responses, provide information to drug | 9 | | users on how to access drug treatment or other strategies | 10 | | for abstaining from illegal drugs. The Director shall give | 11 | | preference to proposals that include one or more of the | 12 | | following elements: | 13 | | (A) Policies and projects to encourage persons, | 14 | | including drug users, to call 911 when they witness a | 15 | | potentially fatal drug overdose. | 16 | | (B) Drug overdose prevention, recognition, and | 17 | | response education projects in drug treatment centers, | 18 | | outreach programs, and other organizations that work | 19 | | with, or have access to, drug users and their families | 20 | | and communities. | 21 | | (C) Drug overdose recognition and response | 22 | | training, including rescue breathing, in drug | 23 | | treatment centers and for other organizations that | 24 | | work with, or have access to, drug users and their | 25 | | families and communities. | 26 | | (D) The production and distribution of targeted or |
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| 1 | | mass media materials on drug overdose prevention and | 2 | | response. | 3 | | (E) Prescription and distribution of naloxone | 4 | | hydrochloride or any other similarly acting and | 5 | | equally safe drug approved by the U.S. Food and Drug | 6 | | Administration for the treatment of drug overdose. | 7 | | (F) The institution of education and training | 8 | | projects on drug overdose response and treatment for | 9 | | emergency services and law enforcement personnel. | 10 | | (G) A system of parent, family, and survivor | 11 | | education and mutual support groups. | 12 | | (4) In addition to moneys appropriated by the General | 13 | | Assembly, the Director may seek grants from private | 14 | | foundations, the federal government, and other sources to | 15 | | fund the grants under this Section and to fund an | 16 | | evaluation of the programs supported by the grants. | 17 | | (d) Health care professional prescription of drug overdose | 18 | | treatment medication. | 19 | | (1) A health care professional who, acting in good | 20 | | faith, directly or by standing order, prescribes or | 21 | | dispenses an opioid antidote to a patient who, in the | 22 | | judgment of the health care professional, is capable of | 23 | | administering the drug in an emergency, shall not, as a | 24 | | result of his or her acts or omissions, be subject to | 25 | | disciplinary or other adverse action under the Medical | 26 | | Practice Act of 1987, the Physician Assistant Practice Act |
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| 1 | | of 1987, the Nurse Practice Act, the Pharmacy Practice Act, | 2 | | or any other professional licensing statute. | 3 | | (2) A person who is not otherwise licensed to | 4 | | administer an opioid antidote may in an emergency | 5 | | administer without fee an opioid antidote if the person has | 6 | | received the patient information specified in paragraph | 7 | | (4) of this subsection and believes in good faith that | 8 | | another person is experiencing a drug overdose. The person | 9 | | shall not, as a result of his or her acts or omissions, | 10 | | except for willful and wanton misconduct, be liable for | 11 | | civil damages, and shall not, as a result of his or her | 12 | | acts or omissions, be liable for any violation of the | 13 | | Medical Practice Act of 1987, the Physician Assistant | 14 | | Practice Act of 1987, the Nurse Practice Act, the Pharmacy | 15 | | Practice Act, or any other professional licensing statute, | 16 | | or subject to any criminal prosecution arising from or | 17 | | related to the unauthorized practice of medicine or the | 18 | | possession of an opioid antidote. | 19 | | (3) A health care professional prescribing an opioid | 20 | | antidote to a patient shall ensure that the patient | 21 | | receives the patient information specified in paragraph | 22 | | (4) of this subsection. Patient information may be provided | 23 | | by the health care professional or a community-based | 24 | | organization, substance abuse program, or other | 25 | | organization with which the health care professional | 26 | | establishes a written agreement that includes a |
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| 1 | | description of how the organization will provide patient | 2 | | information, how employees or volunteers providing | 3 | | information will be trained, and standards for documenting | 4 | | the provision of patient information to patients. | 5 | | Provision of patient information shall be documented in the | 6 | | patient's medical record or through similar means as | 7 | | determined by agreement between the health care | 8 | | professional and the organization. The Director of the | 9 | | Division of Alcoholism and Substance Abuse, in | 10 | | consultation with statewide organizations representing | 11 | | physicians, advanced practice nurses, physician | 12 | | assistants, substance abuse programs, and other interested | 13 | | groups, shall develop and disseminate to health care | 14 | | professionals, community-based organizations, substance | 15 | | abuse programs, and other organizations training materials | 16 | | in video, electronic, or other formats to facilitate the | 17 | | provision of such patient information. | 18 | | (4) For the purposes of this subsection: | 19 | | "Opioid antidote" means naloxone hydrochloride or any | 20 | | other similarly acting and equally safe drug approved by | 21 | | the U.S. Food and Drug Administration for the treatment of | 22 | | drug overdose. | 23 | | "Health care professional" means a physician licensed | 24 | | to practice medicine in all its branches, a physician | 25 | | assistant who has been delegated the prescription or | 26 | | dispensation of an opioid antidote by his or her |
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| 1 | | supervising physician, an advanced practice registered | 2 | | nurse who has a written collaborative agreement with a | 3 | | collaborating physician that authorizes the prescription | 4 | | or dispensation of an opioid antidote, or an advanced | 5 | | practice nurse who practices in a hospital or ambulatory | 6 | | surgical treatment center and possesses appropriate | 7 | | clinical privileges in accordance with the Nurse Practice | 8 | | Act. | 9 | | "Patient" includes a person who is not at risk of | 10 | | opioid overdose but who, in the judgment of the physician, | 11 | | may be in a position to assist another individual during an | 12 | | overdose and who has received patient information as | 13 | | required in paragraph (2) of this subsection on the | 14 | | indications for and administration of an opioid antidote. | 15 | | "Patient information" includes information provided to | 16 | | the patient on drug overdose prevention and recognition; | 17 | | how to perform rescue breathing and resuscitation; opioid | 18 | | antidote dosage and administration; the importance of | 19 | | calling 911; care for the overdose victim after | 20 | | administration of the overdose antidote; and other issues | 21 | | as necessary.
| 22 | | (Source: P.A. 96-361, eff. 1-1-10.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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