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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 Alcoholism and Other Drug Abuse and 
5Dependency Act is amended  by changing Section 5-23 as follows:
 
6    (20 ILCS 301/5-23)
7    Sec. 5-23. Drug Overdose Prevention Program.
8    (a) Reports of drug overdose.
9        (1) The Director of the Division of Alcoholism and 
10    Substance Abuse may publish annually a report on drug 
11    overdose trends statewide that reviews State death rates 
12    from available data to ascertain changes in the causes or 
13    rates of fatal and nonfatal drug overdose for the preceding 
14    period of not less than 5 years. The report shall also 
15    provide information on interventions that would be 
16    effective in reducing the rate of fatal or nonfatal drug 
17    overdose.
18        (2) The report may include:
19            (A) Trends in drug overdose death rates.
20            (B) Trends in emergency room utilization related 
21        to drug overdose and the cost impact of emergency room 
22        utilization.
23            (C) Trends in utilization of pre-hospital and 
 
 
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1        emergency services and the cost impact of emergency 
2        services utilization.
3            (D) Suggested improvements in data collection.
4            (E) A description of other interventions effective 
5        in reducing the rate of fatal or nonfatal drug 
6        overdose.
7    (b) Programs; drug overdose prevention.
8        (1) The Director may establish a program to provide for 
9    the production and publication, in electronic and other 
10    formats, of drug overdose prevention, recognition, and 
11    response literature. The  Director may develop and 
12    disseminate curricula for use by professionals, 
13    organizations, individuals, or committees interested in 
14    the prevention of fatal and nonfatal drug overdose, 
15    including, but not limited to, drug users, jail and prison 
16    personnel, jail and prison inmates, drug treatment 
17    professionals, emergency medical personnel, hospital 
18    staff, families and associates of drug users, peace 
19    officers, firefighters, public safety officers, needle 
20    exchange program staff, and other persons. In addition to 
21    information regarding drug overdose prevention, 
22    recognition, and response, literature produced by the 
23    Department shall stress that drug use remains illegal and 
24    highly dangerous and that complete abstinence from illegal 
25    drug use is the healthiest choice. The literature shall 
26    provide information and resources for substance abuse 
 
 
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1    treatment.
2        The Director may establish or authorize programs for 
3    prescribing, dispensing, or distributing naloxone 
4    hydrochloride or any other similarly acting and equally 
5    safe drug approved by the U.S. Food and Drug Administration 
6    for the treatment of drug overdose. Such programs may 
7    include the prescribing of naloxone hydrochloride or any 
8    other similarly acting and equally safe drug approved by 
9    the U.S. Food and Drug Administration for the treatment of 
10    drug overdose to and education about administration by 
11    individuals who are not personally at risk of opioid 
12    overdose.
13        (2) The Director may provide advice to State and local 
14    officials on the growing drug overdose crisis, including 
15    the prevalence of drug overdose incidents, trends in drug 
16    overdose incidents, and solutions to the drug overdose 
17    crisis.
18    (c) Grants.
19        (1) The Director may award grants, in accordance with 
20    this subsection, to create or support local drug overdose 
21    prevention, recognition, and response projects. Local 
22    health departments, correctional institutions, hospitals, 
23    universities, community-based organizations, and 
24    faith-based organizations may apply to the Department for a 
25    grant under this subsection at the time and in the manner 
26    the Director prescribes.
 
 
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1        (2) In awarding grants, the Director shall consider the 
2    necessity for overdose prevention projects in various 
3    settings and shall encourage all grant applicants to 
4    develop interventions that will be effective and viable in 
5    their local areas.
6        (3) The Director shall give preference for grants to 
7    proposals that, in addition to providing life-saving 
8    interventions and responses, provide information to drug 
9    users on how to access drug treatment or other strategies 
10    for abstaining from illegal drugs. The Director shall give 
11    preference to proposals that include one or more of the 
12    following elements:
13            (A) Policies and projects to encourage persons, 
14        including drug users, to call 911 when they witness a 
15        potentially fatal drug overdose.
16            (B) Drug overdose prevention, recognition, and 
17        response education projects in drug treatment centers, 
18        outreach programs, and other organizations that work 
19        with, or have access to, drug users and their families 
20        and communities.
21            (C) Drug overdose recognition and response 
22        training, including rescue breathing, in drug 
23        treatment centers and for other organizations that 
24        work with, or have access to, drug users and their 
25        families and communities.
26            (D) The production and distribution of targeted or 
 
 
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1        mass media materials on drug overdose prevention and 
2        response.
3            (E) Prescription and distribution of naloxone 
4        hydrochloride or any other similarly acting and 
5        equally safe drug approved by the U.S. Food and Drug 
6        Administration for the treatment of drug overdose.
7            (F) The institution of education and training 
8        projects on drug overdose response and treatment for 
9        emergency services and law enforcement personnel.
10            (G) A system of parent, family, and survivor 
11        education and mutual support groups.
12        (4) In addition to moneys appropriated by the General 
13    Assembly, the Director may seek grants from private 
14    foundations, the federal government, and other sources to 
15    fund the grants under this Section and to fund an 
16    evaluation of the programs supported by the grants.
17    (d) Health care professional prescription of drug overdose 
18treatment medication. 
19        (1) A health care professional who, acting in good 
20    faith, directly or by standing order, prescribes or  
21    dispenses an opioid antidote to a patient who, in the 
22    judgment of the health care professional, is capable of 
23    administering the drug in an emergency, shall not, as a 
24    result of his or her acts or omissions, be subject to 
25    disciplinary or other adverse action under the Medical 
26    Practice Act of 1987, the Physician Assistant Practice Act 
 
 
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1    of 1987, the Nurse Practice Act, the Pharmacy Practice Act, 
2    or any other professional licensing statute.
3        (2) A person who is not otherwise licensed to 
4    administer an opioid antidote may in an emergency 
5    administer without fee an opioid antidote if the person has 
6    received the patient information specified in paragraph 
7    (4) of this subsection and believes in good faith that 
8    another person is experiencing a drug overdose. The person 
9    shall not, as a result of his or her acts or omissions, 
10    except for willful and wanton misconduct, be liable for 
11    civil damages, and shall not, as a result of his or her 
12    acts or omissions, be liable for any violation of the 
13    Medical Practice Act of 1987, the Physician Assistant 
14    Practice Act of 1987, the Nurse Practice Act, the Pharmacy 
15    Practice Act, or any other professional licensing statute, 
16    or subject to any criminal prosecution arising from or 
17    related to the unauthorized practice of medicine or the 
18    possession of an opioid antidote.
19        (3) A health care professional prescribing an opioid 
20    antidote to a patient shall ensure that the patient 
21    receives the patient information specified in paragraph 
22    (4) of this subsection.  Patient information may be provided 
23    by the health care professional or a community-based 
24    organization, substance abuse program, or other 
25    organization with which the health care professional 
26    establishes a written agreement that includes a 
 
 
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1    description of how the organization will provide patient 
2    information, how employees or volunteers providing 
3    information will be trained, and standards for documenting 
4    the provision of patient information to patients.  
5    Provision of patient information shall be documented in the 
6    patient's medical record or through similar means as 
7    determined by agreement between the health care 
8    professional and the organization.  The Director of the 
9    Division of Alcoholism and Substance Abuse, in 
10    consultation with statewide organizations representing 
11    physicians, advanced practice nurses, physician 
12    assistants, substance abuse programs, and other interested 
13    groups, shall develop and disseminate to health care 
14    professionals, community-based organizations, substance 
15    abuse programs, and other organizations training materials 
16    in video, electronic, or other formats to facilitate the 
17    provision of such patient information. 
18        (4) For the purposes of this subsection:
19        "Opioid antidote" means naloxone hydrochloride or any 
20    other similarly acting and equally safe drug approved by 
21    the U.S. Food and Drug Administration for the treatment of 
22    drug overdose.
23        "Health care professional" means a physician licensed 
24    to practice medicine in all its branches, a physician 
25    assistant who has been delegated the prescription or 
26    dispensation of an opioid antidote by his or her 
 
 
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1    supervising physician, an advanced practice registered 
2    nurse who has a written collaborative agreement with a 
3    collaborating physician that authorizes the prescription 
4    or dispensation of an opioid antidote, or an advanced 
5    practice nurse who practices in a hospital or ambulatory 
6    surgical treatment center and possesses appropriate 
7    clinical privileges in accordance with the Nurse Practice 
8    Act. 
9        "Patient" includes a person who is not at risk of 
10    opioid overdose but who, in the judgment of the physician, 
11    may be in a position to assist another individual during an 
12    overdose and who has received patient information as 
13    required in paragraph (2) of this subsection on the 
14    indications for and administration of an opioid antidote.
15        "Patient information" includes information provided to 
16    the patient on drug overdose prevention and recognition; 
17    how to perform rescue breathing and resuscitation; opioid 
18    antidote dosage and administration; the importance of 
19    calling 911; care for the overdose victim after 
20    administration of the overdose antidote; and other issues 
21    as necessary. 

22(Source: P.A. 96-361, eff. 1-1-10.)
 
 
23    Section 99. Effective date. This Act takes effect upon 
24becoming law.