103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0078

 

Introduced 1/20/2023, by Sen. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 301/5-26 new
20 ILCS 301/15-10

    Amends the Substance Use Disorder Act. Requires the Department of Human Services to (i) establish a new intervention license category entitled "OPS Harm Reduction Services", (ii) establish standards for entities to become licensed under the OPS Harm Reduction Services category, and (iii) create a licensing application process. Provides that, notwithstanding any other law, ordinance, or regulation, any entity licensed as an OPS Harm Reduction Services provider may operate an overdose prevention site as authorized by the Department. Requires the Department to make a determination as to whether to approve an entity's application for an OPS Harm Reduction Services license within 4 weeks after the date upon which the entity submitted its application to the Department. Requires the Department to help educate local communities and public and private entities about overdose prevention sites and the evidence regarding the benefits of overdose prevention sites. Requires entities approved to operate an overdose prevention site to, at a minimum, provide a hygienic space where participants may consume pre-obtained substances, maintain a supply of naloxone and oxygen on-site, employ staff trained to administer first aid to participants who are experiencing an overdose, provide secure hypodermic needle and syringe disposal services, encourage drug checking or the use of fentanyl test strips, and other services. Requires licensed entities to submit a report to the Department on the number of participants who have received or are receiving services at the overdose prevention site and other matters. Grants immunity from civil or criminal liability to specified persons. Preempts home rule powers.


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A BILL FOR

 

SB0078LRB103 04631 KTG 49639 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. OPS harm reduction services.
8    (a) Legislative findings. The General Assembly finds the
9following:
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

 

 

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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 HIV 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    "Entity" means (i) any community-based organization that
19provides educational, health, harm reduction, housing, or
20social services and (ii) any hospital, medical clinic or
21office, health center, community-based mental health center,
22or other similar entity that provides medical care.
23    "Harm reduction" refers to a philosophical framework and
24set of strategies designed to reduce harm and promote dignity
25and well-being among persons and communities who engage in
26substance use.

 

 

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1    "Overdose prevention sites" means hygienic locations where
2individuals may safely consume pre-obtained substances.
3    "Participant" means an individual who seeks to utilize,
4utilizes, or has utilized services provided at an overdose
5prevention site established in accordance with this Section.
6    (c) Overdose prevention sites; licensure. The Department
7shall establish a new intervention license category entitled
8"OPS Harm Reduction Services" for entities seeking to operate
9an overdose prevention site to provide harm reduction services
10to persons who use controlled substances. Within 12 months
11after the effective date of this amendatory Act of the 103rd
12General Assembly, the Department shall establish standards for
13entities to become licensed under the OPS Harm Reduction
14Services category and shall create an application process for
15entities to apply for and obtain an OPS Harm Reduction
16Services license. These standards shall be informed by harm
17reduction principles and developed with the input of persons
18who use or formerly used controlled substances.
19    Notwithstanding any other law, ordinance, or regulation,
20any entity licensed as an OPS Harm Reduction Services provider
21may operate an overdose prevention site as authorized by the
22Department.
23    (d) The Department shall make a determination as to
24whether to approve an entity's application for an OPS Harm
25Reduction Services license within 4 weeks after the date upon
26which the entity submitted its application to the Department.

 

 

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1No OPS Harm Reduction Services license shall be granted to an
2entity seeking to operate an overdose prevention site in a
3municipality with a population of less than 2,500,000
4inhabitants until such entity is first licensed to operate an
5overdose prevention site in a municipality with a population
6of 2,500,000 or more inhabitants. Each initial license shall
7be valid for 2 years and, after the initial 2-year license
8period, may be renewed for a specified period as determined by
9the Department.
10    An entity may apply for an OPS Harm Reduction Services
11license at any time, regardless of previous applications.
12    The Department shall help educate local communities and
13public and private entities, such as public safety
14organizations, social service groups, school districts, faith
15communities, and businesses, about overdose prevention sites
16and the evidence regarding the benefits of overdose prevention
17sites.
18    (e) Overdose prevention site features. An entity approved
19to operate an overdose prevention site shall, at a minimum:
20        (1) provide a hygienic space where participants may
21    consume pre-obtained substances;
22        (2) maintain a supply of naloxone and oxygen on-site,
23    together with the necessary equipment to administer
24    naloxone and oxygen;
25        (3) monitor participants for potential overdose;
26        (4) employ staff trained to administer first aid to

 

 

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1    participants who are experiencing an overdose;
2        (5) provide sterile injection or other substance use
3    supplies, collect used hypodermic needles and syringes,
4    and provide secure hypodermic needle and syringe disposal
5    services in compliance with the Overdose Prevention and
6    Harm Reduction Act and any applicable rules adopted by the
7    Department of Public Health;
8        (6) provide safer smoking and safer snorting kits;
9        (7) provide naloxone;
10        (8) encourage drug checking or the use of fentanyl
11    test strips;
12        (9) provide education on safe consumption practices,
13    the proper disposal of hypodermic needles and syringes,
14    and overdose prevention;
15        (10) provide referrals to substance use disorder and
16    mental health treatment, medication-assisted treatment or
17    recovery, and other services which address social
18    determinants of health;
19        (11) offer a quiet and comfortable space for
20    participants to stay safely sheltered and supervised after
21    consuming substances; and
22        (12) train staff members and volunteers to deliver
23    services offered at the overdose prevention site, and
24    maintain an adequate staff of health care professionals or
25    other trained staff or volunteers.
26    (f) Reporting. An entity operating an overdose prevention

 

 

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1site in accordance with this Section shall, within the time
2frame specified by the Department, submit a report to the
3Department that shall include:
4        (1) the number of participants who have received or
5    are receiving services at the overdose prevention site;
6        (2) aggregate information regarding the
7    characteristics of those participants reported under
8    paragraph (1);
9        (3) the number of hypodermic needles, syringes, and
10    harm reduction supplies distributed for use on-site;
11        (4) the number of overdoses experienced and the number
12    of overdoses reversed on-site;
13        (5) the number of participants directly and formally
14    referred to other services and the type of services.
15    (g) Immunity provided. Notwithstanding the Illinois
16Controlled Substances Act, the Drug Paraphernalia Control Act,
17or any other provision of law to the contrary, the following
18persons shall not be arrested, charged, or prosecuted for any
19criminal offense, or be subject to any civil or administrative
20penalty, including seizure or forfeiture of assets or real
21property or disciplinary action by a professional licensing
22board, or be denied any right or privilege solely for
23participation or involvement at an overdose prevention site
24approved by the Department under this Act:
25        (1) any individual who seeks to utilize, utilizes, or
26    has utilized services provided at an overdose prevention

 

 

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1    site established in accordance with this Section;
2        (2) a staff member or administrator of an overdose
3    prevention site, including a healthcare professional,
4    manager, employee, or volunteer; and
5        (3) an individual who owns real property at which an
6    overdose prevention site is located or operates.
7    (h) Home rule preemption. A home rule unit may not
8prohibit the establishment or operation of an overdose
9prevention site as provided in this Section. This Section is a
10denial and limitation of home rule powers and functions under
11subsection (g) of Section 6 of Article VII of the Illinois
12Constitution.
 
13    (20 ILCS 301/15-10)
14    Sec. 15-10. Licensure categories and services. No person,
15entity, or program may provide the services or conduct the
16activities described in this Section without first obtaining a
17license therefor from the Department, unless otherwise
18exempted under this Act. The Department shall, by rule,
19provide requirements for each of the following types of
20licenses and categories of service:
21        (a) Treatment: Categories of service authorized by a
22    treatment license are Early Intervention, Outpatient,
23    Intensive Outpatient/Partial Hospitalization, Subacute
24    Residential/Inpatient, and Withdrawal Management.
25    Medication assisted treatment that includes methadone used

 

 

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1    for an opioid use disorder can be licensed as an adjunct to
2    any of the treatment levels of care specified in this
3    Section.
4        (b) Intervention: Categories of service authorized by
5    an intervention license are DUI Evaluation, DUI Risk
6    Education, Designated Program, OPS Harm Reduction
7    Services, and Recovery Homes for persons in any stage of
8    recovery from a substance use disorder.
9    The Department may, under procedures established by rule
10and upon a showing of good cause for such, exempt off-site
11services from having to obtain a separate license for services
12conducted away from the provider's licensed location.
13(Source: P.A. 100-759, eff. 1-1-19.)