Illinois General Assembly - Full Text of SB0010
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Full Text of SB0010  99th General Assembly

SB0010eng 99TH GENERAL ASSEMBLY

  
  
  

 


 
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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, including, but not limited to, a State
4    Police Officer, a law enforcement officer of a local
5    government agency, fire protection personnel, and a fire
6    fighter, who is not otherwise licensed to administer an
7    opioid antidote may in an emergency administer without fee
8    an opioid antidote if the person has received the same
9    information that patients receive, as specified under the
10    definition of patient information specified in paragraph
11    (4) of this subsection, or the person has received training
12    in the administration of opioid antidotes, and believes in
13    good faith that another person is experiencing a drug
14    overdose. The person shall not, as a result of his or her
15    acts or omissions, be liable for any violation of the
16    Medical Practice Act of 1987, the Physician Assistant
17    Practice Act of 1987, the Nurse Practice Act, the Pharmacy
18    Practice Act, or any other professional licensing statute,
19    or subject to any criminal prosecution arising from or
20    related to the unauthorized practice of medicine or the
21    possession of an opioid antidote.
22        (3) A health care professional prescribing an opioid
23    antidote to a patient shall ensure that the patient
24    receives the patient information specified in paragraph
25    (4) of this subsection. Patient information may be provided
26    by the health care professional or a community-based

 

 

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1    organization, substance abuse program, or other
2    organization with which the health care professional
3    establishes a written agreement that includes a
4    description of how the organization will provide patient
5    information, how employees or volunteers providing
6    information will be trained, and standards for documenting
7    the provision of patient information to patients.
8    Provision of patient information shall be documented in the
9    patient's medical record or through similar means as
10    determined by agreement between the health care
11    professional and the organization. The Director of the
12    Division of Alcoholism and Substance Abuse, in
13    consultation with statewide organizations representing
14    physicians, advanced practice nurses, physician
15    assistants, substance abuse programs, and other interested
16    groups, shall develop and disseminate to health care
17    professionals, community-based organizations, substance
18    abuse programs, and other organizations training materials
19    in video, electronic, or other formats to facilitate the
20    provision of such patient information.
21        (4) For the purposes of this subsection:
22        "Fire protection personnel" and "fire fighter" have
23    the meanings ascribed to those terms in Section 2 of the
24    Illinois Fire Protection Training Act.
25        "Law enforcement officer" and "local government
26    agency" have the meanings ascribed to those terms in

 

 

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1    Section 2 of the Illinois Police Training Act.
2        "Opioid antidote" means naloxone hydrochloride or any
3    other similarly acting and equally safe drug approved by
4    the U.S. Food and Drug Administration for the treatment of
5    drug overdose.
6        "Health care professional" means a physician licensed
7    to practice medicine in all its branches, a physician
8    assistant who has been delegated the prescription or
9    dispensation of an opioid antidote by his or her
10    supervising physician, an advanced practice registered
11    nurse who has a written collaborative agreement with a
12    collaborating physician that authorizes the prescription
13    or dispensation of an opioid antidote, or an advanced
14    practice nurse who practices in a hospital or ambulatory
15    surgical treatment center and possesses appropriate
16    clinical privileges in accordance with the Nurse Practice
17    Act.
18        "Patient" includes a person who is not at risk of
19    opioid overdose but who, in the judgment of the physician,
20    may be in a position to assist another individual during an
21    overdose and who has received patient information as
22    required in paragraph (2) of this subsection on the
23    indications for and administration of an opioid antidote.
24        "Patient information" includes information provided to
25    the patient on drug overdose prevention and recognition;
26    how to perform rescue breathing and resuscitation; opioid

 

 

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1    antidote dosage and administration; the importance of
2    calling 911; care for the overdose victim after
3    administration of the overdose antidote; and other issues
4    as necessary.
5(Source: P.A. 96-361, eff. 1-1-10.)
 
6    Section 10. The State Police Act is amended by changing
7Section 9 as follows:
 
8    (20 ILCS 2610/9)  (from Ch. 121, par. 307.9)
9    Sec. 9. Appointment; qualifications.
10    (a) Except as otherwise provided in this Section, the
11appointment of Department of State Police officers shall be
12made from those applicants who have been certified by the Board
13as being qualified for appointment. All persons so appointed
14shall, at the time of their appointment, be not less than 21
15years of age, or 20 years of age and have successfully
16completed 2 years of law enforcement studies, including
17training in the administration of opioid antidotes, as defined
18in paragraph (4) of subsection (d) of Section 5-23 of the
19Alcoholism and Other Drug Abuse and Dependency Act, for use in
20prehospital emergency medical care, at an accredited college or
21university. Any person appointed subsequent to successful
22completion of 2 years of such law enforcement studies shall not
23have power of arrest, nor shall he be permitted to carry
24firearms, until he reaches 21 years of age. In addition, all

 

 

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1persons so certified for appointment shall be of sound mind and
2body, be of good moral character, be citizens of the United
3States, have no criminal records, possess such prerequisites of
4training, education and experience as the Board may from time
5to time prescribe, and shall be required to pass successfully
6such mental and physical tests and examinations as may be
7prescribed by the Board. Notwithstanding any Board rule to the
8contrary, all persons who either: (i) have been honorably
9discharged and who have been awarded a Southwest Asia Service
10Medal, Kosovo Campaign Medal, Korean Defense Service Medal,
11Afghanistan Campaign Medal, Iraq Campaign Medal, or Global War
12on Terrorism Expeditionary Medal by the United States Armed
13Forces or (ii) are active members of the Illinois National
14Guard or a reserve component of the United States Armed Forces
15and who have been awarded a Southwest Asia Service Medal,
16Kosovo Campaign Medal, Korean Defense Service Medal,
17Afghanistan Campaign Medal, Iraq Campaign Medal, or Global War
18on Terrorism Expeditionary Medal as a result of honorable
19service during deployment on active duty, are deemed to have
20met the collegiate educational requirements. Preference shall
21be given in such appointments to persons who have honorably
22served in the military or naval services of the United States.
23All appointees shall serve a probationary period of 12 months
24from the date of appointment and during that period may be
25discharged at the will of the Director. However, the Director
26may in his or her sole discretion extend the probationary

 

 

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1period of an officer up to an additional 6 months when to do so
2is deemed in the best interest of the Department.
3    (b) Notwithstanding the other provisions of this Act, after
4July 1, 1977 and before July 1, 1980, the Director of State
5Police may appoint and promote not more than 20 persons having
6special qualifications as special agents as he deems necessary
7to carry out the Department's objectives. Any such appointment
8or promotion shall be ratified by the Board.
9    (c) During the 90 days following the effective date of this
10amendatory Act of 1995, the Director of State Police may
11appoint up to 25 persons as State Police officers. These
12appointments shall be made in accordance with the requirements
13of this subsection (c) and any additional criteria that may be
14established by the Director, but are not subject to any other
15requirements of this Act. The Director may specify the initial
16rank for each person appointed under this subsection.
17    All appointments under this subsection (c) shall be made
18from personnel certified by the Board. A person certified by
19the Board and appointed by the Director under this subsection
20must have been employed by the Illinois Commerce Commission on
21November 30, 1994 in a job title subject to the Personnel Code
22and in a position for which the person was eligible to earn
23"eligible creditable service" as a "noncovered employee", as
24those terms are defined in Article 14 of the Illinois Pension
25Code.
26    Persons appointed under this subsection (c) shall

 

 

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1thereafter be subject to the same requirements and procedures
2as other State police officers. A person appointed under this
3subsection must serve a probationary period of 12 months from
4the date of appointment, during which he or she may be
5discharged at the will of the Director.
6    This subsection (c) does not affect or limit the Director's
7authority to appoint other State Police officers under
8subsection (a) of this Section.
9(Source: P.A. 97-640, eff. 12-19-11; 98-54, eff. 1-1-14.)
 
10    Section 15. The Illinois Police Training Act is amended by
11adding Section 10.17 as follows:
 
12    (50 ILCS 705/10.17 new)
13    Sec. 10.17. Training; opioid antidotes. The Illinois Law
14Enforcement Training Standards Board shall conduct or approve a
15training program in opioid antidotes, as defined in paragraph
16(4) of subsection (d) of Section 5-23 of the Alcoholism and
17Other Drug Abuse and Dependency Act, use for law enforcement
18officers of local government agencies. The purpose of that
19training shall be to equip law enforcement officers of local
20government agencies to administer opioid antidotes for use in
21prehospital emergency medical care.
 
22    Section 20. The Illinois Fire Protection Training Act is
23amended by changing Section 8 as follows:
 

 

 

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1    (50 ILCS 740/8)  (from Ch. 85, par. 538)
2    Sec. 8. Rules and minimum standards for schools. The Office
3shall adopt rules and minimum standards for such schools which
4shall include but not be limited to the following:
5    a. Minimum courses of study, resources, facilities,
6apparatus, equipment, reference material, established records
7and procedures as determined by the Office.
8    b. Minimum requirements for instructors.
9    c. Minimum basic training requirements, which a trainee
10must satisfactorily complete before being eligible for
11permanent employment as a fire fighter in the fire department
12of a participating local governmental agency. Those
13requirements shall include, but are not limited to, training in
14first aid (including cardiopulmonary resuscitation) and
15training in the administration of opioid antidotes, as defined
16in paragraph (4) of subsection (d) of Section 5-23 of the
17Alcoholism and Other Drug Abuse and Dependency Act, for use in
18prehospital emergency medical care.
19(Source: P.A. 88-661, eff. 1-1-95.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.