Full Text of HB0002 103rd General Assembly
HB0002ham001 103RD GENERAL ASSEMBLY | Rep. La Shawn K. Ford Filed: 2/22/2023
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| 1 | | AMENDMENT TO HOUSE BILL 2
| 2 | | AMENDMENT NO. ______. Amend House Bill 2 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Substance Use Disorder Act is amended by | 5 | | changing Section 15-10 and by adding Section 5-26 as follows: | 6 | | (20 ILCS 301/5-26 new) | 7 | | Sec. 5-26. Harm reduction services. | 8 | | (a) Legislative findings. The General Assembly finds the | 9 | | following: | 10 | | (1) Illinois is experiencing a growing overdose | 11 | | crisis. According to the Centers for Disease Control and | 12 | | Prevention, over 4,000 Illinoisans died from overdoses | 13 | | between January 2021 and January 2022, a 12.6% increase | 14 | | from the previous year. Most of those preventable deaths | 15 | | involved opioids. | 16 | | (2) A significant reason for the increase in deaths is |
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| 1 | | a poisoned drug supply, with illicit fentanyl killing | 2 | | people using street-bought substances. With the increasing | 3 | | use of potent fentanyl in the illicit substance supply in | 4 | | Illinois, more lives will continue to be lost. | 5 | | (3) Nearly all witnessed opioid overdoses are | 6 | | reversible with the provision of oxygen, naloxone, and | 7 | | other emergency care. However, many people use drugs alone | 8 | | or use them with people who do not have naloxone and are | 9 | | not trained in overdose response. | 10 | | (4) Overdose prevention sites can save lives. Overdose | 11 | | prevention sites provide individuals with a safe, hygienic | 12 | | space to consume pre-obtained drugs and access to other | 13 | | harm reduction, treatment, recovery, and ancillary support | 14 | | services. | 15 | | (5) The goals of overdose prevention sites are: | 16 | | (A) Saving lives by quickly providing emergency | 17 | | care to persons experiencing an overdose. | 18 | | (B) Reducing the spread of infectious diseases, | 19 | | such as AIDS and hepatitis. | 20 | | (C) Reducing public injection of substances and | 21 | | discarded syringes in surrounding areas. | 22 | | (D) Linking those with substance use disorders to | 23 | | behavioral and physical health supports. | 24 | | (b) Definitions. As used in this Section: | 25 | | "Harm reduction" means a philosophical framework and set | 26 | | of strategies designed to reduce harm and promote dignity and |
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| 1 | | well-being among persons and communities who engage in | 2 | | substance use. | 3 | | "Overdose prevention sites" or "OPS" means hygienic | 4 | | locations where individuals may safely consume pre-obtained | 5 | | substances. | 6 | | (c) Overdose prevention sites; licensure. The Department | 7 | | shall develop a pilot program aimed at saving the lives of | 8 | | people who use substances that shall include the establishment | 9 | | of at least one overdose prevention site. The pilot overdose | 10 | | prevention sites shall be exempt from the intervention | 11 | | licensure requirements under Section 15-10 for harm reduction | 12 | | services until the Department has adopted rules for harm | 13 | | reduction services. Overdose prevention sites shall offer | 14 | | people who are most likely to use drugs in public, unobserved, | 15 | | high-risk, and unsanitary locations a safe space to use | 16 | | pre-obtained substances and to connect with community supports | 17 | | or other existing treatment and recovery programs, harm | 18 | | reduction services, and health care. | 19 | | (d) Pilot overdose prevention sites shall abide by the | 20 | | following principles: | 21 | | (1) Nothing About Us Without Us: OPS programs and | 22 | | services shall be formulated with transparency, community | 23 | | involvement, and direct input by people who use | 24 | | substances. | 25 | | (2) Equity: OPS staff and programs shall provide equal | 26 | | support, services, and resources to all participants and |
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| 1 | | ensure accessibility to the greatest extent possible. | 2 | | (3) Harm Reduction: OPS programs and services shall | 3 | | prioritize individual dignity and autonomy in | 4 | | decision-making while encouraging people to reduce | 5 | | high-risk behaviors. | 6 | | (4) OPS programs and services shall affirm the | 7 | | humanity and dignity of people who use substances and | 8 | | shall be operated in a way that is safe, clean, inclusive, | 9 | | and welcoming to reduce stigma and build trust. | 10 | | (5) OPS programs and services shall prioritize | 11 | | relationship-building and trust among staff and | 12 | | participants in order to create safe spaces and provide | 13 | | increased opportunities to connect with additional | 14 | | services that promote health and well-being. | 15 | | (e) Staffing. | 16 | | (1) OPS staff, at a minimum, shall consist of trained | 17 | | peers with lived experience of substance use or overdose, | 18 | | along with other necessary professionals such as community | 19 | | health workers, behavioral health professionals, | 20 | | physicians, nurses, or medical personnel who have been | 21 | | trained in overdose responses. | 22 | | (2) A majority of the OPS staff shall include peers. | 23 | | (3) Staffing decisions must ensure that participants | 24 | | utilize the service, feel safe, and are connected to | 25 | | resources. | 26 | | (4) The Department may not prohibit persons with |
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| 1 | | criminal records from frontline, management, or executive | 2 | | positions within entities that operate an overdose | 3 | | prevention site. | 4 | | (f) Location. Pilot overdose prevention sites shall be | 5 | | established in physical locations with high need determined by | 6 | | rates of overdoses and substance use; and as a natural | 7 | | development or extension of existing harm reduction and | 8 | | outreach programming. Priority shall be given to communities | 9 | | that have the highest number of fatal and non-fatal overdoses | 10 | | as determined by public health data from the Department of | 11 | | Public Health. Pilot overdose prevention sites shall | 12 | | specifically target high-risk and socially marginalized drug | 13 | | users in a municipality with a population greater than | 14 | | 2,000,000, not to exceed 12 months from implementation. | 15 | | (g) Pilot OPS features. An overdose prevention site shall | 16 | | at a minimum: | 17 | | (1) provide a hygienic space where participants may | 18 | | consume their pre-obtained substances; | 19 | | (2) administer first aid, if needed, and monitor | 20 | | participants for potential overdose; | 21 | | (3) provide sterile injection or other substance use | 22 | | supplies, collect used hypodermic needles and syringes, | 23 | | provide secure hypodermic needle and syringe disposal | 24 | | services; | 25 | | (4) provide access to naloxone or naloxone nasal | 26 | | spray; |
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| 1 | | (5) ensure confidentiality of OPS participants by | 2 | | using an anonymous unique identifier; | 3 | | (6) provide education on safe consumption practices, | 4 | | proper disposal of hypodermic needles and syringes, and | 5 | | overdose prevention, including written information in, at | 6 | | a minimum, the 4 most commonly spoken languages in the | 7 | | State as determined by the Department; | 8 | | (7) provide referrals to substance use disorder and | 9 | | mental health treatment services, medication-assisted | 10 | | treatment or recovery services, recovery support services, | 11 | | medical services, job training and placement services, and | 12 | | other services that address social determinants of health; | 13 | | (8) provide wound kits; | 14 | | (9) offer a space on-site for participants to stay | 15 | | safely sheltered and supervised after consuming | 16 | | substances; and | 17 | | (10) provide adequate staffing by health care | 18 | | professionals or other trained staff. | 19 | | (h) Other OPS program designs and implementation shall be | 20 | | informed by the target community. | 21 | | (i) The Department may approve an entity to operate a | 22 | | pilot program in one or more jurisdictions upon satisfaction | 23 | | of the requirements set forth in this Section. The Department | 24 | | shall establish standards for program approval and training. | 25 | | (j) Notwithstanding the Illinois Controlled Substances | 26 | | Act, the Drug Paraphernalia Control Act, or any other |
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| 1 | | provision of law to the contrary, the following persons shall | 2 | | not be arrested, charged, or prosecuted for any criminal | 3 | | offense or be subject to any civil or administrative penalty, | 4 | | including seizure or forfeiture of assets or real property or | 5 | | disciplinary action by a professional licensing board, or be | 6 | | denied any right or privilege, solely for participation or | 7 | | involvement in a program approved by the Department under this | 8 | | Act: | 9 | | (1) any individual who seeks to utilize, utilizes, or | 10 | | has utilized services provided at an overdose prevention | 11 | | site established in accordance with this Section; | 12 | | (2) a staff member or administrator of an overdose | 13 | | prevention site, including a healthcare professional, | 14 | | manager, employee, or volunteer; and | 15 | | (3) an individual who owns real property at which an | 16 | | overdose prevention site is located or operates.
| 17 | | (20 ILCS 301/15-10)
| 18 | | Sec. 15-10. Licensure categories and services. No person , | 19 | | entity, or program may provide the
services or conduct the | 20 | | activities described in this Section without first
obtaining a | 21 | | license therefor from the Department, unless otherwise | 22 | | exempted under this Act. The Department shall, by
rule, | 23 | | provide requirements for each of the following types of | 24 | | licenses and categories of service: | 25 | | (a) Treatment: Categories of service authorized by a |
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| 1 | | treatment license are Early Intervention, Outpatient, | 2 | | Intensive Outpatient/Partial Hospitalization, Subacute | 3 | | Residential/Inpatient, and Withdrawal Management. | 4 | | Medication assisted treatment that includes methadone used | 5 | | for an opioid use disorder can be licensed as an adjunct to | 6 | | any of the treatment levels of care specified in this | 7 | | Section. | 8 | | (b) Intervention: Categories of service authorized by | 9 | | an intervention license are DUI Evaluation, DUI Risk | 10 | | Education, Designated Program, Harm Reduction Services, | 11 | | and Recovery Homes for persons in any stage of recovery | 12 | | from a substance use disorder.
| 13 | | The Department may, under procedures established by rule | 14 | | and upon a showing
of good cause for such, exempt off-site | 15 | | services from having to obtain a
separate license for services | 16 | | conducted away from the provider's licensed location.
| 17 | | (Source: P.A. 100-759, eff. 1-1-19 .)".
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