Rep. La Shawn K. Ford

Filed: 4/20/2021





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2    AMENDMENT NO. ______. Amend House Bill 110 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Substance Use Disorder Act is amended by
5changing Section 15-10 and by adding Section 5-26 as follows:
6    (20 ILCS 301/5-26 new)
7    Sec. 5-26. Safe consumption and overdose prevention
9    (a) Definitions. As used in this Section:
10    "Department" means the Department of Human Services.
11    "Entity" means any community-based organization that
12provides educational, health, harm reduction, housing, or
13social services and any hospital, medical clinic or office,
14health center, nursing care facility, mental health facility,
15or other similar entity that provides medical care.
16    "Participant" means an individual who seeks to utilize,



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1utilizes, or has used a program established under this
3    "Program" means a safer consumption and overdose services
4program established under this Section.
5    (b) Program approval.
6        (1) Notwithstanding the Illinois Controlled Substances
7    Act, the Drug Paraphernalia Control Act, or any other
8    provision of law to the contrary, the Department may
9    approve an entity to operate a program in one or more
10    jurisdictions upon satisfaction of the requirements set
11    forth under paragraph (4). The Department shall establish
12    standards for program approval and training and shall
13    adopt any rules that are necessary to license and monitor
14    the program.
15        (2) The Department shall establish a new intervention
16    license category entitled Harm Reduction Services and
17    shall approve or deny an application for a Harm Reduction
18    Services license in accordance with Section 15-10 of this
19    Act and as established by rule.
20        (3) An entity may make an application for a Harm
21    Reduction Services license at any time, regardless of
22    previous applications.
23        (4) The Department may approve a program under this
24    Section upon submission of an application, on a form
25    prescribed by the Department, demonstrating that the
26    entity shall, at a minimum:



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1            (A) provide a hygienic space where participants
2        may consume their pre-obtained drugs;
3            (B) provide adequate staffing by health care
4        professionals or other trained staff;
5            (C) provide sterile injection supplies, collect
6        used hypodermic needles and syringes, provide secure
7        hypodermic needle and syringe disposal services, and
8        may provide other drug using supplies that reduce
9        harm;
10            (D) provide education on safe consumption
11        practices, proper disposal of hypodermic needles and
12        syringes, and overdose prevention, including written
13        information in, at a minimum, the 4 most commonly
14        spoken languages in the State as determined by the
15        Department;
16            (E) administer first aid, if needed, and monitor
17        participants for potential overdose;
18            (F) provide referrals to substance use disorder
19        treatment, recovery support services, medical, social
20        determinants of health, and employment and training
21        services;
22            (G) educate participants on the risks of
23        contracting infectious diseases and provide sexual
24        health resources and supplies, including, but not
25        limited to, condoms for male and female sex organs;
26            (H) provide participants access to naloxone;



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1            (I) provide reasonable and adequate security for
2        the program site and equipment;
3            (J) ensure confidentiality of program participants
4        by using an anonymous unique identifier;
5            (K) train staff members to deliver services
6        offered by the program or attend training provided by
7        the Department, if required;
8            (L) establish operating procedures for the program
9        and eligibility criteria for program participants, if
10        not predetermined by the Department; and
11            (M) be designated as or collaborate with an
12        authorized needle and hypodermic syringe access
13        program under the Overdose Prevention and Harm
14        Reduction Act.
15    (c) Reporting. An entity operating a program under this
16Section shall provide a report to the Department, within the
17time frame specified by the Department, that shall include:
18        (1) the number of program participants;
19        (2) aggregate information regarding the
20    characteristics of program participants;
21        (3) the number of hypodermic needles, syringes, and
22    harm reduction supplies distributed for use on-site;
23        (4) the number of overdoses experienced and the number
24    of overdoses reversed on-site;
25        (5) the number of individuals directly and formally
26    referred to other services and the type of service;



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1        (6) the number of significant incidents, as defined by
2    the Department, during the specified time frame; and
3        (7) the number of ancillary services provided to
4    family members and the public, including, but not limited
5    to, socials service referrals and educational services.
6    (d) Immunity provided. Notwithstanding the Illinois
7Controlled Substances Act, the Drug Paraphernalia Control Act,
8or any other provision of law to the contrary, the following
9persons shall not be arrested, charged, or prosecuted for any
10criminal offense or be subject to any civil or administrative
11penalty, including seizure or forfeiture of assets or real
12property or disciplinary action by a professional licensing
13board, or be denied any right or privilege, solely for
14participation or involvement in a program approved by the
15Department under this Act:
16        (1) a program participant;
17        (2) a staff member or administrator of a program,
18    including a health care professional, manager, employee,
19    or volunteer; and
20        (3) a property owner who owns real property at which a
21    program is located and operates.
22    (20 ILCS 301/15-10)
23    Sec. 15-10. Licensure categories and services. No person
24or program may provide the services or conduct the activities
25described in this Section without first obtaining a license



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1therefor from the Department, unless otherwise exempted under
2this Act. The Department shall, by rule, provide requirements
3for each of the following types of licenses and categories of
5        (a) Treatment: Categories of service authorized by a
6    treatment license are Early Intervention, Outpatient,
7    Intensive Outpatient/Partial Hospitalization, Subacute
8    Residential/Inpatient, and Withdrawal Management.
9    Medication assisted treatment that includes methadone used
10    for an opioid use disorder can be licensed as an adjunct to
11    any of the treatment levels of care specified in this
12    Section.
13        (b) Intervention: Categories of service authorized by
14    an intervention license are DUI Evaluation, DUI Risk
15    Education, Designated Program, Harm Reduction Services,
16    and Recovery Homes for persons in any stage of recovery
17    from a substance use disorder.
18    The Department may, under procedures established by rule
19and upon a showing of good cause for such, exempt off-site
20services from having to obtain a separate license for services
21conducted away from the provider's licensed location.
22(Source: P.A. 100-759, eff. 1-1-19.)".