Illinois General Assembly - Full Text of HB4556
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Full Text of HB4556  102nd General Assembly


Rep. Will Guzzardi

Filed: 2/28/2022





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2    AMENDMENT NO. ______. Amend House Bill 4556 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Overdose Prevention and Harm Reduction Act
5is amended by changing Section 5 and by adding Section 10 as
7    (410 ILCS 710/5)
8    Sec. 5. Needle and hypodermic syringe access program.
9    (a) Any governmental or nongovernmental organization,
10including a local health department, community-based
11organization, or a person or entity, that promotes
12scientifically proven ways of mitigating health risks
13associated with drug use and other high-risk behaviors may
14establish and operate a needle and hypodermic syringe access
15program. The objective of the program shall be accomplishing
16all of the following:



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1        (1) reducing the spread of HIV, AIDS, viral hepatitis,
2    and other bloodborne diseases;
3        (2) reducing the potential for needle stick injuries
4    from discarded contaminated equipment; and
5        (3) facilitating connections or linkages to
6    evidence-based treatment.
7    (b) Programs established under this Act shall provide all
8of the following:
9        (1) Disposal of used needles and hypodermic syringes.
10        (2) Needles, hypodermic syringes, and other safer drug
11    consumption supplies, at no cost and in quantities
12    sufficient to ensure that needles, hypodermic syringes, or
13    other supplies are not shared or reused.
14        (3) Educational materials or training on:
15            (A) overdose prevention and intervention; and
16            (B) the prevention of HIV, AIDS, viral hepatitis,
17        and other common bloodborne diseases resulting from
18        shared drug consumption equipment and supplies.
19        (4) Access to opioid antagonists approved for the
20    reversal of an opioid overdose, or referrals to programs
21    that provide access to opioid antagonists approved for the
22    reversal of an opioid overdose.
23        (5) Linkages to needed services, including mental
24    health treatment, housing programs, substance use disorder
25    treatment, and other relevant community services.
26        (6) Individual consultations from a trained employee



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1    tailored to individual needs.
2        (7) If feasible, a hygienic, separate space for
3    individuals who need to administer a prescribed injectable
4    medication that can also be used as a quiet space to gather
5    composure in the event of an adverse on-site incident,
6    such as a nonfatal overdose.
7        (8) If feasible, access to on-site drug adulterant
8    testing supplies such as reagents, test strips, or
9    quantification instruments that provide critical real-time
10    information on the composition of substances obtained for
11    consumption.
12    (c) Notwithstanding any provision of the Illinois
13Controlled Substances Act, the Drug Paraphernalia Control Act,
14or any other law, no employee or volunteer of or participant in
15a program established under this Act shall be charged with or
16prosecuted for possession of any of the following:
17        (1) Needles, hypodermic syringes, or other drug
18    consumption paraphernalia obtained from or returned,
19    directly or indirectly, to a program established under
20    this Act.
21        (2) Residual amounts of a controlled substance
22    contained in used needles, used hypodermic syringes, or
23    other used drug consumption paraphernalia obtained from or
24    returned, directly or indirectly, to a program established
25    under this Act.
26        (3) Drug adulterant testing supplies such as reagents,



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1    test strips, or quantification instruments obtained from
2    or returned, directly or indirectly, to a program
3    established under this Act or a pharmacy, hospital,
4    clinic, or other health care facility or medical office
5    dispensing drug adulterant testing supplies in accordance
6    with Section 10. This paragraph also applies to any
7    employee or customer of a pharmacy, hospital, clinic, or
8    other health care facility or medical office dispensing
9    drug adulterant testing supplies in accordance with
10    Section 10.
11        (4) Any residual amounts of controlled substances used
12    in the course of testing the controlled substance to
13    determine the chemical composition and potential threat of
14    the substances obtained for consumption that are obtained
15    from or returned, directly or indirectly, to a program
16    established under this Act. This paragraph also applies to
17    any person using drug adulterant testing supplies procured
18    in accordance with Section 10 of this Act.
19    In addition to any other applicable immunity or limitation
20on civil liability, a law enforcement officer who, acting on
21good faith, arrests or charges a person who is thereafter
22determined to be entitled to immunity from prosecution under
23this subsection (c) shall not be subject to civil liability
24for the arrest or filing of charges.
25    (d) Prior to the commencing of operations of a program
26established under this Act, the governmental or



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1nongovernmental organization shall submit to the Illinois
2Department of Public Health all of the following information:
3        (1) the name of the organization, agency, group,
4    person, or entity operating the program;
5        (2) the areas and populations to be served by the
6    program; and
7        (3) the methods by which the program will meet the
8    requirements of subsection (b) of this Section.
9    The Department of Public Health may adopt rules to
10implement this subsection.
11(Source: P.A. 101-356, eff. 8-9-19.)
12    (410 ILCS 710/10 new)
13    Sec. 10. Dispensing of drug adulterant testing supplies. A
14pharmacist or physician, or the pharmacist's or physician's
15designee, may dispense drug adulterant testing supplies to any
16person. Any drug adulterant testing supplies dispensed under
17this Section must be stored at a licensed pharmacy, hospital,
18clinic, or other health care facility or at the medical office
19of a physician and in a manner that limits access to the drug
20adulterant testing supplies to pharmacists and physicians
21employed at the pharmacy, hospital, clinic, or other health
22care facility or medical office and any persons designated by
23the pharmacist or physician. Drug adulterant testing supplies
24dispensed at a retail store containing a pharmacy under this
25Section may be dispensed only from the pharmacy department of



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1the retail store. No quantity of drug adulterant testing
2supplies greater than necessary to conduct 5 assays of
3substances suspected of containing adulterants shall be
4dispensed in any single transaction.".