Full Text of HB3321 99th General Assembly
HB3321ham001 99TH GENERAL ASSEMBLY | Rep. Kelly M. Cassidy Filed: 3/13/2015
| | 09900HB3321ham001 | | LRB099 00141 KTG 32618 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 3321
| 2 | | AMENDMENT NO. ______. Amend House Bill 3321 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Alcoholism and Other Drug Abuse and | 5 | | Dependency 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 |
| | | 09900HB3321ham001 | - 2 - | LRB099 00141 KTG 32618 a |
|
| 1 | | overdose. | 2 | | (2) The report may include: | 3 | | (A) Trends in drug overdose death rates. | 4 | | (B) Trends in emergency room utilization related | 5 | | to drug overdose and the cost impact of emergency room | 6 | | utilization. | 7 | | (C) Trends in utilization of pre-hospital and | 8 | | emergency services and the cost impact of emergency | 9 | | services utilization. | 10 | | (D) Suggested improvements in data collection. | 11 | | (E) A description of other interventions effective | 12 | | in reducing the rate of fatal or nonfatal drug | 13 | | overdose. | 14 | | (b) Programs; drug overdose prevention. | 15 | | (1) The Director may establish a program to provide for | 16 | | the production and publication, in electronic and other | 17 | | formats, of drug overdose prevention, recognition, and | 18 | | response literature. The Director may develop and | 19 | | disseminate curricula for use by professionals, | 20 | | organizations, individuals, or committees interested in | 21 | | the prevention of fatal and nonfatal drug overdose, | 22 | | including, but not limited to, drug users, jail and prison | 23 | | personnel, jail and prison inmates, drug treatment | 24 | | professionals, emergency medical personnel, hospital | 25 | | staff, families and associates of drug users, peace | 26 | | officers, firefighters, public safety officers, needle |
| | | 09900HB3321ham001 | - 3 - | LRB099 00141 KTG 32618 a |
|
| 1 | | exchange program staff, and other persons. In addition to | 2 | | information regarding drug overdose prevention, | 3 | | recognition, and response, literature produced by the | 4 | | Department shall stress that drug use remains illegal and | 5 | | highly dangerous and that complete abstinence from illegal | 6 | | drug use is the healthiest choice. The literature shall | 7 | | provide information and resources for substance abuse | 8 | | treatment. | 9 | | The Director may establish or authorize programs for | 10 | | prescribing, dispensing, or distributing naloxone | 11 | | hydrochloride or any other similarly acting and equally | 12 | | safe drug approved by the U.S. Food and Drug Administration | 13 | | for the treatment of drug overdose. Such programs may | 14 | | include the prescribing of naloxone hydrochloride or any | 15 | | other similarly acting and equally safe drug approved by | 16 | | the U.S. Food and Drug Administration for the treatment of | 17 | | drug overdose to and education about administration by | 18 | | individuals who are not personally at risk of opioid | 19 | | overdose. | 20 | | (2) The Director may provide advice to State and local | 21 | | officials on the growing drug overdose crisis, including | 22 | | the prevalence of drug overdose incidents, trends in drug | 23 | | overdose incidents, and solutions to the drug overdose | 24 | | crisis. | 25 | | (c) Grants. | 26 | | (1) The Director may award grants, in accordance with |
| | | 09900HB3321ham001 | - 4 - | LRB099 00141 KTG 32618 a |
|
| 1 | | this subsection, to create or support local drug overdose | 2 | | prevention, recognition, and response projects. Local | 3 | | health departments, correctional institutions, hospitals, | 4 | | universities, community-based organizations, and | 5 | | faith-based organizations may apply to the Department for a | 6 | | grant under this subsection at the time and in the manner | 7 | | the Director prescribes. | 8 | | (2) In awarding grants, the Director shall consider the | 9 | | necessity for overdose prevention projects in various | 10 | | settings and shall encourage all grant applicants to | 11 | | develop interventions that will be effective and viable in | 12 | | their local areas. | 13 | | (3) The Director shall give preference for grants to | 14 | | proposals that, in addition to providing life-saving | 15 | | interventions and responses, provide information to drug | 16 | | users on how to access drug treatment or other strategies | 17 | | for abstaining from illegal drugs. The Director shall give | 18 | | preference to proposals that include one or more of the | 19 | | following elements: | 20 | | (A) Policies and projects to encourage persons, | 21 | | including drug users, to call 911 when they witness a | 22 | | potentially fatal drug overdose. | 23 | | (B) Drug overdose prevention, recognition, and | 24 | | response education projects in drug treatment centers, | 25 | | outreach programs, and other organizations that work | 26 | | with, or have access to, drug users and their families |
| | | 09900HB3321ham001 | - 5 - | LRB099 00141 KTG 32618 a |
|
| 1 | | and communities. | 2 | | (C) Drug overdose recognition and response | 3 | | training, including rescue breathing, in drug | 4 | | treatment centers and for other organizations that | 5 | | work with, or have access to, drug users and their | 6 | | families and communities. | 7 | | (D) The production and distribution of targeted or | 8 | | mass media materials on drug overdose prevention and | 9 | | response. | 10 | | (E) Prescription and distribution of naloxone | 11 | | hydrochloride or any other similarly acting and | 12 | | equally safe drug approved by the U.S. Food and Drug | 13 | | Administration for the treatment of drug overdose. | 14 | | (F) The institution of education and training | 15 | | projects on drug overdose response and treatment for | 16 | | emergency services and law enforcement personnel. | 17 | | (G) A system of parent, family, and survivor | 18 | | education and mutual support groups. | 19 | | (4) In addition to moneys appropriated by the General | 20 | | Assembly, the Director may seek grants from private | 21 | | foundations, the federal government, and other sources to | 22 | | fund the grants under this Section and to fund an | 23 | | evaluation of the programs supported by the grants. | 24 | | (d) Health care professional prescription of drug overdose | 25 | | treatment medication. | 26 | | (1) A health care professional who, acting in good |
| | | 09900HB3321ham001 | - 6 - | LRB099 00141 KTG 32618 a |
|
| 1 | | faith, directly or by standing order, prescribes or | 2 | | dispenses an opioid antidote to a patient who, in the | 3 | | judgment of the health care professional, is capable of | 4 | | administering the drug in an emergency, shall not, as a | 5 | | result of his or her acts or omissions, be subject to | 6 | | disciplinary or other adverse action under the Medical | 7 | | Practice Act of 1987, the Physician Assistant Practice Act | 8 | | of 1987, the Nurse Practice Act, the Pharmacy Practice Act, | 9 | | or any other professional licensing statute. | 10 | | (2) A person who is not otherwise licensed to | 11 | | administer an opioid antidote may in an emergency | 12 | | administer without fee an opioid antidote if the person has | 13 | | received the patient information specified in paragraph | 14 | | (4) of this subsection and believes in good faith that | 15 | | another person is experiencing a drug overdose. The person | 16 | | shall not, as a result of his or her acts or omissions, be | 17 | | liable for civil damages, except for willful or wanton | 18 | | misconduct, and shall not, as a result of his or her acts | 19 | | or omissions, be liable for any violation of the Medical | 20 | | Practice Act of 1987, the Physician Assistant Practice Act | 21 | | of 1987, the Nurse Practice Act, the Pharmacy Practice Act, | 22 | | or any other professional licensing statute, or subject to | 23 | | any criminal prosecution arising from or related to the | 24 | | unauthorized practice of medicine or the possession of an | 25 | | opioid antidote. | 26 | | (3) A health care professional prescribing an opioid |
| | | 09900HB3321ham001 | - 7 - | LRB099 00141 KTG 32618 a |
|
| 1 | | antidote to a patient shall ensure that the patient | 2 | | receives the patient information specified in paragraph | 3 | | (4) of this subsection. Patient information may be provided | 4 | | by the health care professional or a community-based | 5 | | organization, substance abuse program, or other | 6 | | organization with which the health care professional | 7 | | establishes a written agreement that includes a | 8 | | description of how the organization will provide patient | 9 | | information, how employees or volunteers providing | 10 | | information will be trained, and standards for documenting | 11 | | the provision of patient information to patients. | 12 | | Provision of patient information shall be documented in the | 13 | | patient's medical record or through similar means as | 14 | | determined by agreement between the health care | 15 | | professional and the organization. The Director of the | 16 | | Division of Alcoholism and Substance Abuse, in | 17 | | consultation with statewide organizations representing | 18 | | physicians, advanced practice nurses, physician | 19 | | assistants, substance abuse programs, and other interested | 20 | | groups, shall develop and disseminate to health care | 21 | | professionals, community-based organizations, substance | 22 | | abuse programs, and other organizations training materials | 23 | | in video, electronic, or other formats to facilitate the | 24 | | provision of such patient information. | 25 | | (4) For the purposes of this subsection: | 26 | | "Opioid antidote" means naloxone hydrochloride or any |
| | | 09900HB3321ham001 | - 8 - | LRB099 00141 KTG 32618 a |
|
| 1 | | other similarly acting and equally safe drug approved by | 2 | | the U.S. Food and Drug Administration for the treatment of | 3 | | drug overdose. | 4 | | "Health care professional" means a physician licensed | 5 | | to practice medicine in all its branches, a physician | 6 | | assistant who has been delegated the prescription or | 7 | | dispensation of an opioid antidote by his or her | 8 | | supervising physician, an advanced practice registered | 9 | | nurse who has a written collaborative agreement with a | 10 | | collaborating physician that authorizes the prescription | 11 | | or dispensation of an opioid antidote, or an advanced | 12 | | practice nurse who practices in a hospital or ambulatory | 13 | | surgical treatment center and possesses appropriate | 14 | | clinical privileges in accordance with the Nurse Practice | 15 | | Act. | 16 | | "Patient" includes a person who is not at risk of | 17 | | opioid overdose but who, in the judgment of the physician, | 18 | | may be in a position to assist another individual during an | 19 | | overdose and who has received patient information as | 20 | | required in paragraph (2) of this subsection on the | 21 | | indications for and administration of an opioid antidote. | 22 | | "Patient information" includes information provided to | 23 | | the patient on drug overdose prevention and recognition; | 24 | | how to perform rescue breathing and resuscitation; opioid | 25 | | antidote dosage and administration; the importance of | 26 | | calling 911; care for the overdose victim after |
| | | 09900HB3321ham001 | - 9 - | LRB099 00141 KTG 32618 a |
|
| 1 | | administration of the overdose antidote; and other issues | 2 | | as necessary.
| 3 | | (Source: P.A. 96-361, eff. 1-1-10.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.".
|
|