Illinois General Assembly - Full Text of HB0002
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB0002  103rd General Assembly




HB0002 EngrossedLRB103 04457 KTG 49463 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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. Harm reduction services.
8    (a) Legislative findings. The General Assembly finds the
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
17    a poisoned drug supply, with illicit fentanyl killing
18    people using street-bought substances. With the increasing
19    use of potent fentanyl in the illicit substance supply in
20    Illinois, more lives will continue to be lost.
21        (3) Nearly all witnessed opioid overdoses are
22    reversible with the provision of oxygen, naloxone, and
23    other emergency care. However, many people use drugs alone



HB0002 Engrossed- 2 -LRB103 04457 KTG 49463 b

1    or use them with people who do not have naloxone and are
2    not trained in overdose response.
3        (4) Overdose prevention sites can save lives. Overdose
4    prevention sites provide individuals with a safe, hygienic
5    space to consume pre-obtained drugs and access to other
6    harm reduction, treatment, recovery, and ancillary support
7    services.
8        (5) The goals of overdose prevention sites are:
9            (A) Saving lives by quickly providing emergency
10        care to persons experiencing an overdose.
11            (B) Reducing the spread of infectious diseases,
12        such as AIDS and hepatitis.
13            (C) Reducing public injection of substances and
14        discarded syringes in surrounding areas.
15            (D) Linking those with substance use disorders to
16        behavioral and physical health supports.
17    (b) Definitions. As used in this Section:
18    "Harm reduction" means a philosophical framework and set
19of strategies designed to reduce harm and promote dignity and
20well-being among persons and communities who engage in
21substance use.
22    "Overdose prevention sites" or "OPS" means hygienic
23locations where individuals may safely consume pre-obtained
25    (c) Overdose prevention sites; licensure. The Department
26shall develop a pilot program aimed at saving the lives of



HB0002 Engrossed- 3 -LRB103 04457 KTG 49463 b

1people who use substances that shall include the establishment
2of at least one overdose prevention site. The pilot overdose
3prevention sites shall be exempt from the intervention
4licensure requirements under Section 15-10 for harm reduction
5services until the Department has adopted rules for harm
6reduction services. Overdose prevention sites shall offer
7people who are most likely to use drugs in public, unobserved,
8high-risk, and unsanitary locations a safe space to use
9pre-obtained substances and to connect with community supports
10or other existing treatment and recovery programs, harm
11reduction services, and health care.
12    (d) Pilot overdose prevention sites shall abide by the
13following principles:
14        (1) Nothing About Us Without Us: OPS programs and
15    services shall be formulated with transparency, community
16    involvement, and direct input by people who use
17    substances.
18        (2) Equity: OPS staff and programs shall provide equal
19    support, services, and resources to all participants and
20    ensure accessibility to the greatest extent possible.
21        (3) Harm Reduction: OPS programs and services shall
22    prioritize individual dignity and autonomy in
23    decision-making while encouraging people to reduce
24    high-risk behaviors.
25        (4) OPS programs and services shall affirm the
26    humanity and dignity of people who use substances and



HB0002 Engrossed- 4 -LRB103 04457 KTG 49463 b

1    shall be operated in a way that is safe, clean, inclusive,
2    and welcoming to reduce stigma and build trust.
3        (5) OPS programs and services shall prioritize
4    relationship-building and trust among staff and
5    participants in order to create safe spaces and provide
6    increased opportunities to connect with additional
7    services that promote health and well-being.
8    (e) Staffing.
9        (1) OPS staff, at a minimum, shall consist of trained
10    peers with lived experience of substance use or overdose,
11    along with other necessary professionals such as community
12    health workers, behavioral health professionals,
13    physicians, nurses, or medical personnel who have been
14    trained in overdose responses.
15        (2) A majority of the OPS staff shall include peers.
16        (3) Staffing decisions must ensure that participants
17    utilize the service, feel safe, and are connected to
18    resources.
19        (4) The Department may not prohibit persons with
20    criminal records from frontline, management, or executive
21    positions within entities that operate an overdose
22    prevention site.
23    (f) Location. Pilot overdose prevention sites shall be
24established in physical locations with high need determined by
25rates of overdoses and substance use; and as a natural
26development or extension of existing harm reduction and



HB0002 Engrossed- 5 -LRB103 04457 KTG 49463 b

1outreach programming. Priority shall be given to communities
2that have the highest number of fatal and non-fatal overdoses
3as determined by public health data from the Department of
4Public Health. Pilot overdose prevention sites shall
5specifically target high-risk and socially marginalized drug
6users in a municipality with a population greater than
72,000,000, not to exceed 12 months from implementation.
8    (g) Pilot OPS features. An overdose prevention site shall
9at a minimum:
10        (1) provide a hygienic space where participants may
11    consume their pre-obtained substances;
12        (2) administer first aid, if needed, and monitor
13    participants for potential overdose;
14        (3) provide sterile injection or other substance use
15    supplies, collect used hypodermic needles and syringes,
16    provide secure hypodermic needle and syringe disposal
17    services;
18        (4) provide access to naloxone or naloxone nasal
19    spray;
20        (5) ensure confidentiality of OPS participants by
21    using an anonymous unique identifier;
22        (6) provide education on safe consumption practices,
23    proper disposal of hypodermic needles and syringes, and
24    overdose prevention, including written information in, at
25    a minimum, the 4 most commonly spoken languages in the
26    State as determined by the Department;



HB0002 Engrossed- 6 -LRB103 04457 KTG 49463 b

1        (7) provide referrals to substance use disorder and
2    mental health treatment services, medication-assisted
3    treatment or recovery services, recovery support services,
4    medical services, job training and placement services, and
5    other services that address social determinants of health;
6        (8) provide wound kits;
7        (9) offer a space on-site for participants to stay
8    safely sheltered and supervised after consuming
9    substances; and
10        (10) provide adequate staffing by health care
11    professionals or other trained staff.
12    (h) Other OPS program designs and implementation shall be
13informed by the target community.
14    (i) Each pilot overdose prevention site shall track and
15compile information on the success rate of persons who are
16referred to and receive additional treatment and recovery
17support services after utilizing the services provided at the
18overdose prevention site. To obtain such information, each
19pilot overdose prevention site must monitor and collect the
20following data:
21        (1) the number of persons who seek and receive
22    services at the overdose prevention site;
23        (2) the number of persons identified in paragraph (1)
24    who are referred to other substance use treatment and
25    recovery support services offered by another provider; and
26        (3) the number of persons identified in paragraph (2)



HB0002 Engrossed- 7 -LRB103 04457 KTG 49463 b

1    who receive and complete substance use treatment or a
2    program of recovery support services offered by another
3    provider.
4    Each pilot overdose prevention site shall compile the data
5and information required under this subsection and submit an
6annual report on its findings to the Department in a form and
7manner and on a date prescribed by the Department. All
8personally identifiable information shall be excluded from the
9reports consistent with State and federal privacy protections.
10    (j) The Department may approve an entity to operate a
11pilot program in one or more jurisdictions upon satisfaction
12of the requirements set forth in this Section. The Department
13shall establish standards for program approval and training.
14    (k) Notwithstanding the Illinois Controlled Substances
15Act, the Drug Paraphernalia Control Act, or any other
16provision of law to the contrary, the following persons shall
17not be arrested, charged, or prosecuted for any criminal
18offense or be subject to any civil or administrative penalty,
19including seizure or forfeiture of assets or real property or
20disciplinary action by a professional licensing board, or be
21denied any right or privilege, solely for participation or
22involvement in a program approved by the Department under this
24        (1) any individual who seeks to utilize, utilizes, or
25    has utilized services provided at an overdose prevention
26    site established in accordance with this Section;



HB0002 Engrossed- 8 -LRB103 04457 KTG 49463 b

1        (2) a staff member or administrator of an overdose
2    prevention site, including a healthcare professional,
3    manager, employee, or volunteer; and
4        (3) an individual who owns real property at which an
5    overdose prevention site is located or operates.
6    (20 ILCS 301/15-10)
7    Sec. 15-10. Licensure categories and services. No person,
8entity, or program may provide the services or conduct the
9activities described in this Section without first obtaining a
10license therefor from the Department, unless otherwise
11exempted under this Act. The Department shall, by rule,
12provide requirements for each of the following types of
13licenses and categories of service:
14        (a) Treatment: Categories of service authorized by a
15    treatment license are Early Intervention, Outpatient,
16    Intensive Outpatient/Partial Hospitalization, Subacute
17    Residential/Inpatient, and Withdrawal Management.
18    Medication assisted treatment that includes methadone used
19    for an opioid use disorder can be licensed as an adjunct to
20    any of the treatment levels of care specified in this
21    Section.
22        (b) Intervention: Categories of service authorized by
23    an intervention license are DUI Evaluation, DUI Risk
24    Education, Designated Program, Harm Reduction Services,
25    and Recovery Homes for persons in any stage of recovery



HB0002 Engrossed- 9 -LRB103 04457 KTG 49463 b

1    from a substance use disorder.
2    The Department may, under procedures established by rule
3and upon a showing of good cause for such, exempt off-site
4services from having to obtain a separate license for services
5conducted away from the provider's licensed location.
6(Source: P.A. 100-759, eff. 1-1-19.)