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| Public Act 102-1039 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Overdose Prevention and Harm Reduction Act | ||||
is amended by changing Section 5 and by adding Section 10 as | ||||
follows: | ||||
(410 ILCS 710/5)
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Sec. 5. Needle and hypodermic syringe access program. | ||||
(a) Any governmental or nongovernmental organization, | ||||
including a local health department, community-based | ||||
organization, or a person or entity, that promotes | ||||
scientifically proven ways of mitigating health risks | ||||
associated with drug use and other high-risk behaviors may | ||||
establish and operate a needle and hypodermic syringe access | ||||
program. The objective of the program shall be accomplishing | ||||
all of the following: | ||||
(1) reducing the spread of HIV, AIDS, viral hepatitis, | ||||
and other bloodborne diseases; | ||||
(2) reducing the potential for needle stick injuries | ||||
from discarded contaminated equipment; and | ||||
(3) facilitating connections or linkages to | ||||
evidence-based treatment.
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(b) Programs established under this Act shall provide all | ||||
of the following: | ||
(1) Disposal of used needles and hypodermic syringes. | ||
(2) Needles, hypodermic syringes, and other safer drug | ||
consumption supplies, at no cost and in quantities | ||
sufficient to ensure that needles, hypodermic syringes, or | ||
other supplies are not shared or reused. | ||
(3) Educational materials or training on: | ||
(A) overdose prevention and intervention; and | ||
(B) the prevention of HIV, AIDS, viral hepatitis, | ||
and other common bloodborne diseases resulting from | ||
shared drug consumption equipment and supplies. | ||
(4) Access to opioid antagonists approved for the | ||
reversal of an opioid overdose, or referrals to programs | ||
that provide access to opioid antagonists approved for the | ||
reversal of an opioid overdose.
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(5) Linkages to needed services, including mental | ||
health treatment, housing programs, substance use disorder | ||
treatment, and other relevant community services. | ||
(6) Individual consultations from a trained employee | ||
tailored to individual needs. | ||
(7) If feasible, a hygienic, separate space for | ||
individuals who need to administer a prescribed injectable | ||
medication that can also be used as a quiet space to gather | ||
composure in the event of an adverse on-site incident, | ||
such as a nonfatal overdose. | ||
(8) If feasible, access to on-site drug adulterant | ||
testing supplies such as reagents, test strips, or | ||
quantification instruments that provide critical real-time | ||
information on the composition of substances obtained for | ||
consumption. | ||
(c) Notwithstanding any provision of the Illinois | ||
Controlled Substances Act, the Drug Paraphernalia Control Act, | ||
or any other law, no employee or volunteer of or participant in | ||
a program established under this Act shall be charged with or | ||
prosecuted for possession of any of the following: | ||
(1) Needles, hypodermic syringes, or other drug | ||
consumption paraphernalia obtained from or returned, | ||
directly or indirectly, to a program established under | ||
this Act. | ||
(2) Residual amounts of a controlled substance | ||
contained in used needles, used hypodermic syringes, or | ||
other used drug consumption paraphernalia obtained from or | ||
returned, directly or indirectly, to a program established | ||
under this Act. | ||
(3) Drug adulterant testing supplies such as reagents, | ||
test strips, or quantification instruments obtained from | ||
or returned, directly or indirectly, to a program | ||
established under this Act or a pharmacy, hospital, | ||
clinic, or other health care facility or medical office | ||
dispensing drug adulterant testing supplies in accordance | ||
with Section 10. This paragraph also applies to any | ||
employee or customer of a pharmacy, hospital, clinic, or | ||
other health care facility or medical office dispensing | ||
drug adulterant testing supplies in accordance with | ||
Section 10. | ||
(4) Any residual amounts of controlled substances used | ||
in the course of testing the controlled substance to | ||
determine the chemical composition and potential threat of | ||
the substances obtained for consumption that are obtained | ||
from or returned, directly or indirectly, to a program | ||
established under this Act.
This paragraph also applies to | ||
any person using drug adulterant testing supplies procured | ||
in accordance with Section 10 of this Act. | ||
In addition to any other applicable immunity or limitation | ||
on civil liability, a law enforcement officer who, acting on | ||
good faith, arrests or charges a person who is thereafter | ||
determined to be entitled to immunity from prosecution under | ||
this subsection (c) shall not be subject to civil liability | ||
for the arrest or filing of charges. | ||
(d) Prior to the commencing of operations of a program | ||
established under this Act, the governmental or | ||
nongovernmental organization shall submit to the Illinois | ||
Department of Public Health all of the following information: | ||
(1) the name of the organization, agency, group, | ||
person, or entity operating the program; | ||
(2) the areas and populations to be served by the | ||
program; and | ||
(3) the methods by which the program will meet the | ||
requirements of subsection (b) of this Section. | ||
The Department of Public Health may adopt rules to | ||
implement this subsection.
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(Source: P.A. 101-356, eff. 8-9-19.) | ||
(410 ILCS 710/10 new) | ||
Sec. 10. Dispensing of drug adulterant testing supplies. A | ||
pharmacist, physician, advanced practice registered nurse, or | ||
physician assistant, or the pharmacist's, physician's, | ||
advanced practice registered nurse's, or physician assistant's | ||
designee, may dispense drug adulterant testing supplies to any | ||
person. Any drug adulterant testing supplies dispensed under | ||
this Section must be stored at a licensed pharmacy, hospital, | ||
clinic, or other health care facility or at the medical office | ||
of a physician, advanced practice registered nurse, or | ||
physician assistant and in a manner that limits access to the | ||
drug adulterant testing supplies to pharmacists, physicians, | ||
advanced practice registered nurses, or physician assistants | ||
employed at the pharmacy, hospital, clinic, or other health | ||
care facility or medical office and any persons designated by | ||
the pharmacist, physician, advanced practice registered nurse, | ||
or physician assistant. Drug adulterant testing supplies | ||
dispensed at a retail store containing a pharmacy under this | ||
Section may be dispensed only from the pharmacy department of | ||
the retail store. No quantity of drug adulterant testing | ||
supplies greater than necessary to conduct 5 assays of | ||
substances suspected of containing adulterants shall be | ||
dispensed in any single transaction.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||