IL
Illinois Senate Bill SB0078

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0078 Compare Versions

Only one version of the bill is available at this time.
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11 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. LRB103 04631 KTG 49639 b A BILL FOR 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 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 04631 KTG 49639 b LRB103 04631 KTG 49639 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0078 Introduced 1/20/2023, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED:
33 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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66 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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1212 1 AN ACT concerning State government.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Substance Use Disorder Act is amended by
1616 5 changing Section 15-10 and by adding Section 5-26 as follows:
1717 6 (20 ILCS 301/5-26 new)
1818 7 Sec. 5-26. OPS harm reduction services.
1919 8 (a) Legislative findings. The General Assembly finds the
2020 9 following:
2121 10 (1) Illinois is experiencing a growing overdose
2222 11 crisis. According to the Centers for Disease Control and
2323 12 Prevention, over 4,000 Illinoisans died from overdoses
2424 13 between January 2021 and January 2022, a 12.6% increase
2525 14 from the previous year. Most of those preventable deaths
2626 15 involved opioids.
2727 16 (2) A significant reason for the increase in deaths is
2828 17 a poisoned drug supply, with illicit fentanyl killing
2929 18 people using street-bought substances. With the increasing
3030 19 use of potent fentanyl in the illicit substance supply in
3131 20 Illinois, more lives will continue to be lost.
3232 21 (3) Nearly all witnessed opioid overdoses are
3333 22 reversible with the provision of oxygen, naloxone, and
3434 23 other emergency care. However, many people use drugs alone
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0078 Introduced 1/20/2023, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED:
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4242 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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7171 1 or use them with people who do not have naloxone and are
7272 2 not trained in overdose response.
7373 3 (4) Overdose prevention sites can save lives. Overdose
7474 4 prevention sites provide individuals with a safe, hygienic
7575 5 space to consume pre-obtained drugs and access to other
7676 6 harm reduction, treatment, recovery, and ancillary support
7777 7 services.
7878 8 (5) The goals of overdose prevention sites are:
7979 9 (A) Saving lives by quickly providing emergency
8080 10 care to persons experiencing an overdose.
8181 11 (B) Reducing the spread of infectious diseases,
8282 12 such as HIV and hepatitis.
8383 13 (C) Reducing public injection of substances and
8484 14 discarded syringes in surrounding areas.
8585 15 (D) Linking those with substance use disorders to
8686 16 behavioral and physical health supports.
8787 17 (b) Definitions. As used in this Section:
8888 18 "Entity" means (i) any community-based organization that
8989 19 provides educational, health, harm reduction, housing, or
9090 20 social services and (ii) any hospital, medical clinic or
9191 21 office, health center, community-based mental health center,
9292 22 or other similar entity that provides medical care.
9393 23 "Harm reduction" refers to a philosophical framework and
9494 24 set of strategies designed to reduce harm and promote dignity
9595 25 and well-being among persons and communities who engage in
9696 26 substance use.
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107107 1 "Overdose prevention sites" means hygienic locations where
108108 2 individuals may safely consume pre-obtained substances.
109109 3 "Participant" means an individual who seeks to utilize,
110110 4 utilizes, or has utilized services provided at an overdose
111111 5 prevention site established in accordance with this Section.
112112 6 (c) Overdose prevention sites; licensure. The Department
113113 7 shall establish a new intervention license category entitled
114114 8 "OPS Harm Reduction Services" for entities seeking to operate
115115 9 an overdose prevention site to provide harm reduction services
116116 10 to persons who use controlled substances. Within 12 months
117117 11 after the effective date of this amendatory Act of the 103rd
118118 12 General Assembly, the Department shall establish standards for
119119 13 entities to become licensed under the OPS Harm Reduction
120120 14 Services category and shall create an application process for
121121 15 entities to apply for and obtain an OPS Harm Reduction
122122 16 Services license. These standards shall be informed by harm
123123 17 reduction principles and developed with the input of persons
124124 18 who use or formerly used controlled substances.
125125 19 Notwithstanding any other law, ordinance, or regulation,
126126 20 any entity licensed as an OPS Harm Reduction Services provider
127127 21 may operate an overdose prevention site as authorized by the
128128 22 Department.
129129 23 (d) The Department shall make a determination as to
130130 24 whether to approve an entity's application for an OPS Harm
131131 25 Reduction Services license within 4 weeks after the date upon
132132 26 which the entity submitted its application to the Department.
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143143 1 No OPS Harm Reduction Services license shall be granted to an
144144 2 entity seeking to operate an overdose prevention site in a
145145 3 municipality with a population of less than 2,500,000
146146 4 inhabitants until such entity is first licensed to operate an
147147 5 overdose prevention site in a municipality with a population
148148 6 of 2,500,000 or more inhabitants. Each initial license shall
149149 7 be valid for 2 years and, after the initial 2-year license
150150 8 period, may be renewed for a specified period as determined by
151151 9 the Department.
152152 10 An entity may apply for an OPS Harm Reduction Services
153153 11 license at any time, regardless of previous applications.
154154 12 The Department shall help educate local communities and
155155 13 public and private entities, such as public safety
156156 14 organizations, social service groups, school districts, faith
157157 15 communities, and businesses, about overdose prevention sites
158158 16 and the evidence regarding the benefits of overdose prevention
159159 17 sites.
160160 18 (e) Overdose prevention site features. An entity approved
161161 19 to operate an overdose prevention site shall, at a minimum:
162162 20 (1) provide a hygienic space where participants may
163163 21 consume pre-obtained substances;
164164 22 (2) maintain a supply of naloxone and oxygen on-site,
165165 23 together with the necessary equipment to administer
166166 24 naloxone and oxygen;
167167 25 (3) monitor participants for potential overdose;
168168 26 (4) employ staff trained to administer first aid to
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179179 1 participants who are experiencing an overdose;
180180 2 (5) provide sterile injection or other substance use
181181 3 supplies, collect used hypodermic needles and syringes,
182182 4 and provide secure hypodermic needle and syringe disposal
183183 5 services in compliance with the Overdose Prevention and
184184 6 Harm Reduction Act and any applicable rules adopted by the
185185 7 Department of Public Health;
186186 8 (6) provide safer smoking and safer snorting kits;
187187 9 (7) provide naloxone;
188188 10 (8) encourage drug checking or the use of fentanyl
189189 11 test strips;
190190 12 (9) provide education on safe consumption practices,
191191 13 the proper disposal of hypodermic needles and syringes,
192192 14 and overdose prevention;
193193 15 (10) provide referrals to substance use disorder and
194194 16 mental health treatment, medication-assisted treatment or
195195 17 recovery, and other services which address social
196196 18 determinants of health;
197197 19 (11) offer a quiet and comfortable space for
198198 20 participants to stay safely sheltered and supervised after
199199 21 consuming substances; and
200200 22 (12) train staff members and volunteers to deliver
201201 23 services offered at the overdose prevention site, and
202202 24 maintain an adequate staff of health care professionals or
203203 25 other trained staff or volunteers.
204204 26 (f) Reporting. An entity operating an overdose prevention
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215215 1 site in accordance with this Section shall, within the time
216216 2 frame specified by the Department, submit a report to the
217217 3 Department that shall include:
218218 4 (1) the number of participants who have received or
219219 5 are receiving services at the overdose prevention site;
220220 6 (2) aggregate information regarding the
221221 7 characteristics of those participants reported under
222222 8 paragraph (1);
223223 9 (3) the number of hypodermic needles, syringes, and
224224 10 harm reduction supplies distributed for use on-site;
225225 11 (4) the number of overdoses experienced and the number
226226 12 of overdoses reversed on-site;
227227 13 (5) the number of participants directly and formally
228228 14 referred to other services and the type of services.
229229 15 (g) Immunity provided. Notwithstanding the Illinois
230230 16 Controlled Substances Act, the Drug Paraphernalia Control Act,
231231 17 or any other provision of law to the contrary, the following
232232 18 persons shall not be arrested, charged, or prosecuted for any
233233 19 criminal offense, or be subject to any civil or administrative
234234 20 penalty, including seizure or forfeiture of assets or real
235235 21 property or disciplinary action by a professional licensing
236236 22 board, or be denied any right or privilege solely for
237237 23 participation or involvement at an overdose prevention site
238238 24 approved by the Department under this Act:
239239 25 (1) any individual who seeks to utilize, utilizes, or
240240 26 has utilized services provided at an overdose prevention
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251251 1 site established in accordance with this Section;
252252 2 (2) a staff member or administrator of an overdose
253253 3 prevention site, including a healthcare professional,
254254 4 manager, employee, or volunteer; and
255255 5 (3) an individual who owns real property at which an
256256 6 overdose prevention site is located or operates.
257257 7 (h) Home rule preemption. A home rule unit may not
258258 8 prohibit the establishment or operation of an overdose
259259 9 prevention site as provided in this Section. This Section is a
260260 10 denial and limitation of home rule powers and functions under
261261 11 subsection (g) of Section 6 of Article VII of the Illinois
262262 12 Constitution.
263263 13 (20 ILCS 301/15-10)
264264 14 Sec. 15-10. Licensure categories and services. No person,
265265 15 entity, or program may provide the services or conduct the
266266 16 activities described in this Section without first obtaining a
267267 17 license therefor from the Department, unless otherwise
268268 18 exempted under this Act. The Department shall, by rule,
269269 19 provide requirements for each of the following types of
270270 20 licenses and categories of service:
271271 21 (a) Treatment: Categories of service authorized by a
272272 22 treatment license are Early Intervention, Outpatient,
273273 23 Intensive Outpatient/Partial Hospitalization, Subacute
274274 24 Residential/Inpatient, and Withdrawal Management.
275275 25 Medication assisted treatment that includes methadone used
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286286 1 for an opioid use disorder can be licensed as an adjunct to
287287 2 any of the treatment levels of care specified in this
288288 3 Section.
289289 4 (b) Intervention: Categories of service authorized by
290290 5 an intervention license are DUI Evaluation, DUI Risk
291291 6 Education, Designated Program, OPS Harm Reduction
292292 7 Services, and Recovery Homes for persons in any stage of
293293 8 recovery from a substance use disorder.
294294 9 The Department may, under procedures established by rule
295295 10 and upon a showing of good cause for such, exempt off-site
296296 11 services from having to obtain a separate license for services
297297 12 conducted away from the provider's licensed location.
298298 13 (Source: P.A. 100-759, eff. 1-1-19.)
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