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Illinois House Bill HB0002

Illinois 2023-2024 Regular Session

Illinois House Bill HB0002 Compare Versions

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1-HB0002 EngrossedLRB103 04457 KTG 49463 b HB0002 Engrossed LRB103 04457 KTG 49463 b
2- HB0002 Engrossed LRB103 04457 KTG 49463 b
1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0002 Introduced , by Rep. La Shawn K. Ford 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. LRB103 04457 KTG 49463 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0002 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 20 ILCS 301/5-26 new 20 ILCS 301/15-10 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. LRB103 04457 KTG 49463 b LRB103 04457 KTG 49463 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0002 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
3+20 ILCS 301/5-26 new 20 ILCS 301/15-10 20 ILCS 301/5-26 new 20 ILCS 301/15-10
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6+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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312 1 AN ACT concerning State government.
413 2 Be it enacted by the People of the State of Illinois,
514 3 represented in the General Assembly:
615 4 Section 5. The Substance Use Disorder Act is amended by
716 5 changing Section 15-10 and by adding Section 5-26 as follows:
817 6 (20 ILCS 301/5-26 new)
9-7 Sec. 5-26. Harm reduction services.
18+7 Sec. 5-26. OPS harm reduction services.
1019 8 (a) Legislative findings. The General Assembly finds the
1120 9 following:
1221 10 (1) Illinois is experiencing a growing overdose
1322 11 crisis. According to the Centers for Disease Control and
1423 12 Prevention, over 4,000 Illinoisans died from overdoses
1524 13 between January 2021 and January 2022, a 12.6% increase
1625 14 from the previous year. Most of those preventable deaths
1726 15 involved opioids.
1827 16 (2) A significant reason for the increase in deaths is
1928 17 a poisoned drug supply, with illicit fentanyl killing
2029 18 people using street-bought substances. With the increasing
2130 19 use of potent fentanyl in the illicit substance supply in
2231 20 Illinois, more lives will continue to be lost.
2332 21 (3) Nearly all witnessed opioid overdoses are
2433 22 reversible with the provision of oxygen, naloxone, and
2534 23 other emergency care. However, many people use drugs alone
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38+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0002 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
39+20 ILCS 301/5-26 new 20 ILCS 301/15-10 20 ILCS 301/5-26 new 20 ILCS 301/15-10
40+20 ILCS 301/5-26 new
41+20 ILCS 301/15-10
42+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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3471 1 or use them with people who do not have naloxone and are
3572 2 not trained in overdose response.
3673 3 (4) Overdose prevention sites can save lives. Overdose
3774 4 prevention sites provide individuals with a safe, hygienic
3875 5 space to consume pre-obtained drugs and access to other
3976 6 harm reduction, treatment, recovery, and ancillary support
4077 7 services.
4178 8 (5) The goals of overdose prevention sites are:
4279 9 (A) Saving lives by quickly providing emergency
4380 10 care to persons experiencing an overdose.
4481 11 (B) Reducing the spread of infectious diseases,
45-12 such as AIDS and hepatitis.
82+12 such as HIV and hepatitis.
4683 13 (C) Reducing public injection of substances and
4784 14 discarded syringes in surrounding areas.
4885 15 (D) Linking those with substance use disorders to
4986 16 behavioral and physical health supports.
5087 17 (b) Definitions. As used in this Section:
51-18 "Harm reduction" means a philosophical framework and set
52-19 of strategies designed to reduce harm and promote dignity and
53-20 well-being among persons and communities who engage in
54-21 substance use.
55-22 "Overdose prevention sites" or "OPS" means hygienic
56-23 locations where individuals may safely consume pre-obtained
57-24 substances.
58-25 (c) Overdose prevention sites; licensure. The Department
59-26 shall develop a pilot program aimed at saving the lives of
88+18 "Entity" means (i) any community-based organization that
89+19 provides educational, health, harm reduction, housing, or
90+20 social services and (ii) any hospital, medical clinic or
91+21 office, health center, community-based mental health center,
92+22 or other similar entity that provides medical care.
93+23 "Harm reduction" refers to a philosophical framework and
94+24 set of strategies designed to reduce harm and promote dignity
95+25 and well-being among persons and communities who engage in
96+26 substance use.
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70-1 people who use substances that shall include the establishment
71-2 of at least one overdose prevention site. The pilot overdose
72-3 prevention sites shall be exempt from the intervention
73-4 licensure requirements under Section 15-10 for harm reduction
74-5 services until the Department has adopted rules for harm
75-6 reduction services. Overdose prevention sites shall offer
76-7 people who are most likely to use drugs in public, unobserved,
77-8 high-risk, and unsanitary locations a safe space to use
78-9 pre-obtained substances and to connect with community supports
79-10 or other existing treatment and recovery programs, harm
80-11 reduction services, and health care.
81-12 (d) Pilot overdose prevention sites shall abide by the
82-13 following principles:
83-14 (1) Nothing About Us Without Us: OPS programs and
84-15 services shall be formulated with transparency, community
85-16 involvement, and direct input by people who use
86-17 substances.
87-18 (2) Equity: OPS staff and programs shall provide equal
88-19 support, services, and resources to all participants and
89-20 ensure accessibility to the greatest extent possible.
90-21 (3) Harm Reduction: OPS programs and services shall
91-22 prioritize individual dignity and autonomy in
92-23 decision-making while encouraging people to reduce
93-24 high-risk behaviors.
94-25 (4) OPS programs and services shall affirm the
95-26 humanity and dignity of people who use substances and
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107+1 "Overdose prevention sites" means hygienic locations where
108+2 individuals may safely consume pre-obtained substances.
109+3 "Participant" means an individual who seeks to utilize,
110+4 utilizes, or has utilized services provided at an overdose
111+5 prevention site established in accordance with this Section.
112+6 (c) Overdose prevention sites; licensure. The Department
113+7 shall establish a new intervention license category entitled
114+8 "OPS Harm Reduction Services" for entities seeking to operate
115+9 an overdose prevention site to provide harm reduction services
116+10 to persons who use controlled substances. Within 12 months
117+11 after the effective date of this amendatory Act of the 103rd
118+12 General Assembly, the Department shall establish standards for
119+13 entities to become licensed under the OPS Harm Reduction
120+14 Services category and shall create an application process for
121+15 entities to apply for and obtain an OPS Harm Reduction
122+16 Services license. These standards shall be informed by harm
123+17 reduction principles and developed with the input of persons
124+18 who use or formerly used controlled substances.
125+19 Notwithstanding any other law, ordinance, or regulation,
126+20 any entity licensed as an OPS Harm Reduction Services provider
127+21 may operate an overdose prevention site as authorized by the
128+22 Department.
129+23 (d) The Department shall make a determination as to
130+24 whether to approve an entity's application for an OPS Harm
131+25 Reduction Services license within 4 weeks after the date upon
132+26 which the entity submitted its application to the Department.
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106-1 shall be operated in a way that is safe, clean, inclusive,
107-2 and welcoming to reduce stigma and build trust.
108-3 (5) OPS programs and services shall prioritize
109-4 relationship-building and trust among staff and
110-5 participants in order to create safe spaces and provide
111-6 increased opportunities to connect with additional
112-7 services that promote health and well-being.
113-8 (e) Staffing.
114-9 (1) OPS staff, at a minimum, shall consist of trained
115-10 peers with lived experience of substance use or overdose,
116-11 along with other necessary professionals such as community
117-12 health workers, behavioral health professionals,
118-13 physicians, nurses, or medical personnel who have been
119-14 trained in overdose responses.
120-15 (2) A majority of the OPS staff shall include peers.
121-16 (3) Staffing decisions must ensure that participants
122-17 utilize the service, feel safe, and are connected to
123-18 resources.
124-19 (4) The Department may not prohibit persons with
125-20 criminal records from frontline, management, or executive
126-21 positions within entities that operate an overdose
127-22 prevention site.
128-23 (f) Location. Pilot overdose prevention sites shall be
129-24 established in physical locations with high need determined by
130-25 rates of overdoses and substance use; and as a natural
131-26 development or extension of existing harm reduction and
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143+1 No OPS Harm Reduction Services license shall be granted to an
144+2 entity seeking to operate an overdose prevention site in a
145+3 municipality with a population of less than 2,500,000
146+4 inhabitants until such entity is first licensed to operate an
147+5 overdose prevention site in a municipality with a population
148+6 of 2,500,000 or more inhabitants. Each initial license shall
149+7 be valid for 2 years and, after the initial 2-year license
150+8 period, may be renewed for a specified period as determined by
151+9 the Department.
152+10 An entity may apply for an OPS Harm Reduction Services
153+11 license at any time, regardless of previous applications.
154+12 The Department shall help educate local communities and
155+13 public and private entities, such as public safety
156+14 organizations, social service groups, school districts, faith
157+15 communities, and businesses, about overdose prevention sites
158+16 and the evidence regarding the benefits of overdose prevention
159+17 sites.
160+18 (e) Overdose prevention site features. An entity approved
161+19 to operate an overdose prevention site shall, at a minimum:
162+20 (1) provide a hygienic space where participants may
163+21 consume pre-obtained substances;
164+22 (2) maintain a supply of naloxone and oxygen on-site,
165+23 together with the necessary equipment to administer
166+24 naloxone and oxygen;
167+25 (3) monitor participants for potential overdose;
168+26 (4) employ staff trained to administer first aid to
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142-1 outreach programming. Priority shall be given to communities
143-2 that have the highest number of fatal and non-fatal overdoses
144-3 as determined by public health data from the Department of
145-4 Public Health. Pilot overdose prevention sites shall
146-5 specifically target high-risk and socially marginalized drug
147-6 users in a municipality with a population greater than
148-7 2,000,000, not to exceed 12 months from implementation.
149-8 (g) Pilot OPS features. An overdose prevention site shall
150-9 at a minimum:
151-10 (1) provide a hygienic space where participants may
152-11 consume their pre-obtained substances;
153-12 (2) administer first aid, if needed, and monitor
154-13 participants for potential overdose;
155-14 (3) provide sterile injection or other substance use
156-15 supplies, collect used hypodermic needles and syringes,
157-16 provide secure hypodermic needle and syringe disposal
158-17 services;
159-18 (4) provide access to naloxone or naloxone nasal
160-19 spray;
161-20 (5) ensure confidentiality of OPS participants by
162-21 using an anonymous unique identifier;
163-22 (6) provide education on safe consumption practices,
164-23 proper disposal of hypodermic needles and syringes, and
165-24 overdose prevention, including written information in, at
166-25 a minimum, the 4 most commonly spoken languages in the
167-26 State as determined by the Department;
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179+1 participants who are experiencing an overdose;
180+2 (5) provide sterile injection or other substance use
181+3 supplies, collect used hypodermic needles and syringes,
182+4 and provide secure hypodermic needle and syringe disposal
183+5 services in compliance with the Overdose Prevention and
184+6 Harm Reduction Act and any applicable rules adopted by the
185+7 Department of Public Health;
186+8 (6) provide safer smoking and safer snorting kits;
187+9 (7) provide naloxone;
188+10 (8) encourage drug checking or the use of fentanyl
189+11 test strips;
190+12 (9) provide education on safe consumption practices,
191+13 the proper disposal of hypodermic needles and syringes,
192+14 and overdose prevention;
193+15 (10) provide referrals to substance use disorder and
194+16 mental health treatment, medication-assisted treatment or
195+17 recovery, and other services which address social
196+18 determinants of health;
197+19 (11) offer a quiet and comfortable space for
198+20 participants to stay safely sheltered and supervised after
199+21 consuming substances; and
200+22 (12) train staff members and volunteers to deliver
201+23 services offered at the overdose prevention site, and
202+24 maintain an adequate staff of health care professionals or
203+25 other trained staff or volunteers.
204+26 (f) Reporting. An entity operating an overdose prevention
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178-1 (7) provide referrals to substance use disorder and
179-2 mental health treatment services, medication-assisted
180-3 treatment or recovery services, recovery support services,
181-4 medical services, job training and placement services, and
182-5 other services that address social determinants of health;
183-6 (8) provide wound kits;
184-7 (9) offer a space on-site for participants to stay
185-8 safely sheltered and supervised after consuming
186-9 substances; and
187-10 (10) provide adequate staffing by health care
188-11 professionals or other trained staff.
189-12 (h) Other OPS program designs and implementation shall be
190-13 informed by the target community.
191-14 (i) Each pilot overdose prevention site shall track and
192-15 compile information on the success rate of persons who are
193-16 referred to and receive additional treatment and recovery
194-17 support services after utilizing the services provided at the
195-18 overdose prevention site. To obtain such information, each
196-19 pilot overdose prevention site must monitor and collect the
197-20 following data:
198-21 (1) the number of persons who seek and receive
199-22 services at the overdose prevention site;
200-23 (2) the number of persons identified in paragraph (1)
201-24 who are referred to other substance use treatment and
202-25 recovery support services offered by another provider; and
203-26 (3) the number of persons identified in paragraph (2)
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215+1 site in accordance with this Section shall, within the time
216+2 frame specified by the Department, submit a report to the
217+3 Department that shall include:
218+4 (1) the number of participants who have received or
219+5 are receiving services at the overdose prevention site;
220+6 (2) aggregate information regarding the
221+7 characteristics of those participants reported under
222+8 paragraph (1);
223+9 (3) the number of hypodermic needles, syringes, and
224+10 harm reduction supplies distributed for use on-site;
225+11 (4) the number of overdoses experienced and the number
226+12 of overdoses reversed on-site;
227+13 (5) the number of participants directly and formally
228+14 referred to other services and the type of services.
229+15 (g) Immunity provided. Notwithstanding the Illinois
230+16 Controlled Substances Act, the Drug Paraphernalia Control Act,
231+17 or any other provision of law to the contrary, the following
232+18 persons shall not be arrested, charged, or prosecuted for any
233+19 criminal offense, or be subject to any civil or administrative
234+20 penalty, including seizure or forfeiture of assets or real
235+21 property or disciplinary action by a professional licensing
236+22 board, or be denied any right or privilege solely for
237+23 participation or involvement at an overdose prevention site
238+24 approved by the Department under this Act:
239+25 (1) any individual who seeks to utilize, utilizes, or
240+26 has utilized services provided at an overdose prevention
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214-1 who receive and complete substance use treatment or a
215-2 program of recovery support services offered by another
216-3 provider.
217-4 Each pilot overdose prevention site shall compile the data
218-5 and information required under this subsection and submit an
219-6 annual report on its findings to the Department in a form and
220-7 manner and on a date prescribed by the Department. All
221-8 personally identifiable information shall be excluded from the
222-9 reports consistent with State and federal privacy protections.
223-10 (j) The Department may approve an entity to operate a
224-11 pilot program in one or more jurisdictions upon satisfaction
225-12 of the requirements set forth in this Section. The Department
226-13 shall establish standards for program approval and training.
227-14 (k) Notwithstanding the Illinois Controlled Substances
228-15 Act, the Drug Paraphernalia Control Act, or any other
229-16 provision of law to the contrary, the following persons shall
230-17 not be arrested, charged, or prosecuted for any criminal
231-18 offense or be subject to any civil or administrative penalty,
232-19 including seizure or forfeiture of assets or real property or
233-20 disciplinary action by a professional licensing board, or be
234-21 denied any right or privilege, solely for participation or
235-22 involvement in a program approved by the Department under this
236-23 Act:
237-24 (1) any individual who seeks to utilize, utilizes, or
238-25 has utilized services provided at an overdose prevention
239-26 site established in accordance with this Section;
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251+1 site established in accordance with this Section;
252+2 (2) a staff member or administrator of an overdose
253+3 prevention site, including a healthcare professional,
254+4 manager, employee, or volunteer; and
255+5 (3) an individual who owns real property at which an
256+6 overdose prevention site is located or operates.
257+7 (h) Home rule preemption. A home rule unit may not
258+8 prohibit the establishment or operation of an overdose
259+9 prevention site as provided in this Section. This Section is a
260+10 denial and limitation of home rule powers and functions under
261+11 subsection (g) of Section 6 of Article VII of the Illinois
262+12 Constitution.
263+13 (20 ILCS 301/15-10)
264+14 Sec. 15-10. Licensure categories and services. No person,
265+15 entity, or program may provide the services or conduct the
266+16 activities described in this Section without first obtaining a
267+17 license therefor from the Department, unless otherwise
268+18 exempted under this Act. The Department shall, by rule,
269+19 provide requirements for each of the following types of
270+20 licenses and categories of service:
271+21 (a) Treatment: Categories of service authorized by a
272+22 treatment license are Early Intervention, Outpatient,
273+23 Intensive Outpatient/Partial Hospitalization, Subacute
274+24 Residential/Inpatient, and Withdrawal Management.
275+25 Medication assisted treatment that includes methadone used
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250-1 (2) a staff member or administrator of an overdose
251-2 prevention site, including a healthcare professional,
252-3 manager, employee, or volunteer; and
253-4 (3) an individual who owns real property at which an
254-5 overdose prevention site is located or operates.
255-6 (20 ILCS 301/15-10)
256-7 Sec. 15-10. Licensure categories and services. No person,
257-8 entity, or program may provide the services or conduct the
258-9 activities described in this Section without first obtaining a
259-10 license therefor from the Department, unless otherwise
260-11 exempted under this Act. The Department shall, by rule,
261-12 provide requirements for each of the following types of
262-13 licenses and categories of service:
263-14 (a) Treatment: Categories of service authorized by a
264-15 treatment license are Early Intervention, Outpatient,
265-16 Intensive Outpatient/Partial Hospitalization, Subacute
266-17 Residential/Inpatient, and Withdrawal Management.
267-18 Medication assisted treatment that includes methadone used
268-19 for an opioid use disorder can be licensed as an adjunct to
269-20 any of the treatment levels of care specified in this
270-21 Section.
271-22 (b) Intervention: Categories of service authorized by
272-23 an intervention license are DUI Evaluation, DUI Risk
273-24 Education, Designated Program, Harm Reduction Services,
274-25 and Recovery Homes for persons in any stage of recovery
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286+1 for an opioid use disorder can be licensed as an adjunct to
287+2 any of the treatment levels of care specified in this
288+3 Section.
289+4 (b) Intervention: Categories of service authorized by
290+5 an intervention license are DUI Evaluation, DUI Risk
291+6 Education, Designated Program, OPS Harm Reduction
292+7 Services, and Recovery Homes for persons in any stage of
293+8 recovery from a substance use disorder.
294+9 The Department may, under procedures established by rule
295+10 and upon a showing of good cause for such, exempt off-site
296+11 services from having to obtain a separate license for services
297+12 conducted away from the provider's licensed location.
298+13 (Source: P.A. 100-759, eff. 1-1-19.)
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285-1 from a substance use disorder.
286-2 The Department may, under procedures established by rule
287-3 and upon a showing of good cause for such, exempt off-site
288-4 services from having to obtain a separate license for services
289-5 conducted away from the provider's licensed location.
290-6 (Source: P.A. 100-759, eff. 1-1-19.)
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