Full Text of HB0110 102nd General Assembly
HB0110 102ND GENERAL ASSEMBLY
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
Introduced 1/14/2021, by Rep. La Shawn K. Ford
SYNOPSIS AS INTRODUCED:
Creates the Safer Consumption Services Act. Provides that,
notwithstanding any provision of law to the contrary, the Department of
Public Health may approve an entity to operate a program in one or more
jurisdictions upon satisfaction of specified requirements relating to,
among other things, the safe and hygienic use of preobtained drugs.
Requires the Department to establish standards for program approval and
training and allows it to adopt any rules that are necessary to implement
the Act. Requires the Department to approve or deny an application within
45 days after its receipt. Provides that a program approved by the
Department must also be designated as an authorized needle and hypodermic
syringe access program under the Overdose Prevention and Harm Reduction
Act. Provides reporting requirements for entities operating programs under
the Act. Provides that, except for criminal prosecution for any activities
that are not conducted, permitted, and approved pursuant to the Act,
specified persons related to a program shall not be subject to civil or
criminal liability solely for participation or involvement in the program
if it is approved by the Department under the Act.
A BILL FOR
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Consumption Services Act.
In this Act:
"Department" means the Department of Public Health.
"Entity" means any community-based organization that
provides educational, health, harm reduction, housing, or
social services and any hospital, medical clinic or office,
health center, nursing care facility, mental health facility,
or other similar entity that provides medical care.
"Participant" means an individual who seeks to utilize,
utilizes, or has used a program established under this Act.
"Program" means a safer consumption services program
established under this Act.
(a) Notwithstanding the Illinois Controlled Substances
Act, the Drug Paraphernalia Control Act, or any other
provision of law to the contrary, the Department may approve
an entity to operate a program in one or more jurisdictions
upon satisfaction of the requirements set forth in subsection
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(d). The Department shall establish standards for program
approval and training and may adopt any rules that are
necessary to implement this Act.
(b) The Department shall approve or deny an application to
operate a program under this Act within 45 days after receipt
of the application and provide a written explanation of the
basis for its approval or denial.
(c) An entity may make an application to operate a program
under this Act at any time, regardless of previous
(d) The Department may approve an entity to operate a
program under this Act upon submission of an application
demonstrating that the entity shall, at a minimum:
(1) provide a hygienic space where participants may
consume their preobtained drugs that is separate from the
space in which the provider performs other business, if
(2) provide adequate staffing by health care
professionals or other trained staff;
(3) provide sterile injection supplies, collect used
hypodermic needles and syringes, and provide secure
hypodermic needle and syringe disposal services;
(4) provide education on safe consumption practices,
proper disposal of hypodermic needles and syringes, and
overdose prevention, including written information in, at
a minimum, the 4 most commonly spoken languages in the
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State as determined by the Department;
(5) administer first aid, if needed, and monitor
participants for potential overdose;
(6) provide referrals to addiction treatment, medical,
social welfare, and employment and training services;
(7) educate participants on the risks of contracting
HIV and viral hepatitis and provide sexual health
resources and supplies, including, but not limited to,
male and female condoms;
(8) provide participants access to naloxone or
referrals to obtain naloxone;
(9) provide reasonable and adequate security for the
program site and equipment;
(10) ensure confidentiality of program participants by
using an anonymous unique identifier;
(11) train staff members to deliver services offered
by the program or attend training provided by the
Department, if required; and
(12) establish operating procedures for the program
and eligibility criteria for program participants, if not
predetermined by the Department.
A program approved by the
Department under this Act must also be designated as an
authorized needle and hypodermic syringe access program under
the Overdose Prevention and Harm Reduction Act.
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An entity operating a program under
this Act shall provide an annual report to the Department at a
date set by the Department that shall include:
(1) the number of program participants;
(2) aggregate information regarding the
characteristics of program participants;
(3) the number of hypodermic needles and syringes
distributed for use on-site;
(4) the number of overdoses experienced and the number
of overdoses reversed on-site; and
(5) the number of individuals directly and formally
referred to other services and the type of service.
Illinois Controlled Substances Act, the Drug Paraphernalia
Control Act, or any other provision of law to the contrary, the
following persons shall not be arrested, charged, or
prosecuted for any criminal offense or be subject to any civil
or administrative penalty, including seizure or forfeiture of
assets or real property or disciplinary action by a
professional licensing board, or be denied any right or
privilege, solely for participation or involvement in a
program approved by the Department under this Act:
(1) a program participant;
(2) a staff member or administrator of a program,
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including a health care professional, manager, employee,
or volunteer; and
(3) a property owner who owns real property at which a
program is located and operates.
Limitations on immunity.
provisions of Section 25, a property owner, staff member,
administrator, manager, employee, volunteer, or individual
utilizing or participating in a program under this Act is not
immune from criminal prosecution for any activities that are
not conducted, permitted, and approved under this Act.