Illinois 2025-2026 Regular Session

Illinois House Bill HB4039 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4039 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED: New Act20 ILCS 2105/2105-372 new55 ILCS 3-6043 new730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1730 ILCS 125/19.7 new730 ILCS 125/19.9 new210 ILCS 85/17 new410 ILCS 710/20 new Creates the Holistic Overdose Prevention and Equity Act. Creates the Harm Reduction Program Board, with certain requirements. Provides that the Department of Public Health shall issue grants to harm reduction providers, with certain requirements. Establishes a Chief Harm Reduction Officer within the Department. Provides for a place-based approach to harm reduction pilot program. Provides for local government training and continuing education. Provides that naloxone shall be made readily available to all staff and individuals in prisons and jails, with certain requirements. Provides for medication for opioid use disorder and fentanyl testing. Restricts the use of abstinence-only or sobriety requirements to housing, with certain requirements. Limits home rule powers. Makes findings. Defines terms. Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, the Counties Code, the County Jail Act, the Unified Code of Corrections, the Hospital Licensing Act, and the Overdose Prevention and Harm Reduction Act to make conforming changes. LRB104 13076 BDA 25057 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4039 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED: New Act20 ILCS 2105/2105-372 new55 ILCS 3-6043 new730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1730 ILCS 125/19.7 new730 ILCS 125/19.9 new210 ILCS 85/17 new410 ILCS 710/20 new New Act 20 ILCS 2105/2105-372 new 55 ILCS 3-6043 new 730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1 730 ILCS 125/19.7 new 730 ILCS 125/19.9 new 210 ILCS 85/17 new 410 ILCS 710/20 new Creates the Holistic Overdose Prevention and Equity Act. Creates the Harm Reduction Program Board, with certain requirements. Provides that the Department of Public Health shall issue grants to harm reduction providers, with certain requirements. Establishes a Chief Harm Reduction Officer within the Department. Provides for a place-based approach to harm reduction pilot program. Provides for local government training and continuing education. Provides that naloxone shall be made readily available to all staff and individuals in prisons and jails, with certain requirements. Provides for medication for opioid use disorder and fentanyl testing. Restricts the use of abstinence-only or sobriety requirements to housing, with certain requirements. Limits home rule powers. Makes findings. Defines terms. Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, the Counties Code, the County Jail Act, the Unified Code of Corrections, the Hospital Licensing Act, and the Overdose Prevention and Harm Reduction Act to make conforming changes. LRB104 13076 BDA 25057 b LRB104 13076 BDA 25057 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4039 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED:
3	3	New Act20 ILCS 2105/2105-372 new55 ILCS 3-6043 new730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1730 ILCS 125/19.7 new730 ILCS 125/19.9 new210 ILCS 85/17 new410 ILCS 710/20 new New Act 20 ILCS 2105/2105-372 new 55 ILCS 3-6043 new 730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1 730 ILCS 125/19.7 new 730 ILCS 125/19.9 new 210 ILCS 85/17 new 410 ILCS 710/20 new
4	4	New Act
5	5	20 ILCS 2105/2105-372 new
6	6	55 ILCS 3-6043 new
7	7	730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1
8	8	730 ILCS 125/19.7 new
9	9	730 ILCS 125/19.9 new
10	10	210 ILCS 85/17 new
11	11	410 ILCS 710/20 new
12	12	Creates the Holistic Overdose Prevention and Equity Act. Creates the Harm Reduction Program Board, with certain requirements. Provides that the Department of Public Health shall issue grants to harm reduction providers, with certain requirements. Establishes a Chief Harm Reduction Officer within the Department. Provides for a place-based approach to harm reduction pilot program. Provides for local government training and continuing education. Provides that naloxone shall be made readily available to all staff and individuals in prisons and jails, with certain requirements. Provides for medication for opioid use disorder and fentanyl testing. Restricts the use of abstinence-only or sobriety requirements to housing, with certain requirements. Limits home rule powers. Makes findings. Defines terms. Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, the Counties Code, the County Jail Act, the Unified Code of Corrections, the Hospital Licensing Act, and the Overdose Prevention and Harm Reduction Act to make conforming changes.
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15	15	A BILL FOR
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17	17	HB4039 LRB104 13076 BDA 25057 b
18	18	1 AN ACT concerning health.
19	19	2 Be it enacted by the People of the State of Illinois,
20	20	3 represented in the General Assembly:
21	21	4 Article 1. General Provisions
22	22	5 Section 1-1. Short title; references to Act.
23	23	6 (a) Short title. This Act may be cited as the Holistic
24	24	7 Overdose Prevention and Equity Act.
25	25	8 (b) References to Act. This Act may be referred to as the
26	26	9 HOPE Act.
27	27	10 Section 1-5. Findings. The General Assembly finds that:
28	28	11 (1) The Department of Public Health reported 3,261
29	29	12 opioid-related overdose fatalities in 2022, representing
30	30	13 an estimated 272 lives lost every month as the State's
31	31	14 overdose crisis persists.
32	32	15 (2) The Cook County Medical Examiner's Office
33	33	16 confirmed that 2,000 opioid-related deaths occurred in
34	34	17 Cook County during 2022, with Black residents comprising
35	35	18 56% of deaths despite only representing 23% of the
36	36	19 county's population.
37	37	20 (3) The Opioid Data Dashboard provided by the
38	38	21 Department of Public Health vividly demonstrates the
39	39	22 extensive reach of opioid-related overdose across the
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43	43	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4039 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED:
44	44	New Act20 ILCS 2105/2105-372 new55 ILCS 3-6043 new730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1730 ILCS 125/19.7 new730 ILCS 125/19.9 new210 ILCS 85/17 new410 ILCS 710/20 new New Act 20 ILCS 2105/2105-372 new 55 ILCS 3-6043 new 730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1 730 ILCS 125/19.7 new 730 ILCS 125/19.9 new 210 ILCS 85/17 new 410 ILCS 710/20 new
45	45	New Act
46	46	20 ILCS 2105/2105-372 new
47	47	55 ILCS 3-6043 new
48	48	730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1
49	49	730 ILCS 125/19.7 new
50	50	730 ILCS 125/19.9 new
51	51	210 ILCS 85/17 new
52	52	410 ILCS 710/20 new
53	53	Creates the Holistic Overdose Prevention and Equity Act. Creates the Harm Reduction Program Board, with certain requirements. Provides that the Department of Public Health shall issue grants to harm reduction providers, with certain requirements. Establishes a Chief Harm Reduction Officer within the Department. Provides for a place-based approach to harm reduction pilot program. Provides for local government training and continuing education. Provides that naloxone shall be made readily available to all staff and individuals in prisons and jails, with certain requirements. Provides for medication for opioid use disorder and fentanyl testing. Restricts the use of abstinence-only or sobriety requirements to housing, with certain requirements. Limits home rule powers. Makes findings. Defines terms. Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, the Counties Code, the County Jail Act, the Unified Code of Corrections, the Hospital Licensing Act, and the Overdose Prevention and Harm Reduction Act to make conforming changes.
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56	56	A BILL FOR
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62	62	New Act
63	63	20 ILCS 2105/2105-372 new
64	64	55 ILCS 3-6043 new
65	65	730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1
66	66	730 ILCS 125/19.7 new
67	67	730 ILCS 125/19.9 new
68	68	210 ILCS 85/17 new
69	69	410 ILCS 710/20 new
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88	88	1 State; outside of Cook County, the counties that
89	89	2 experience the brunt of fatalities include Will County,
90	90	3 Winnebago County, DuPage County, Lake County, Kane County,
91	91	4 Madison County, St. Clair County, Sangamon County, McHenry
92	92	5 County, and Champaign County.
93	93	6 (4) Harm reduction measures have been proven to reduce
94	94	7 HIV transmissions, among other benefits, including
95	95	8 assisting in the prevention against the acquisition of
96	96	9 other bloodborne viruses such as Hepatitis B and C, the
97	97	10 prevention of fatal overdoses, decrease in encounters with
98	98	11 the criminal justice system, reduction in crime, reduction
99	99	12 of social exclusion for people who use drugs, and
100	100	13 improvement in access to medical care, mental health
101	101	14 support, housing, community support, food, and other basic
102	102	15 needs.
103	103	16 (5) Extensive research and reports continue to
104	104	17 demonstrate that harm reduction strategies not only save
105	105	18 lives by preventing overdose deaths but also limit
106	106	19 expenses in response to hospitalizations, emergency calls,
107	107	20 and deaths, promote public safety by diverting hazardous
108	108	21 waste from public spaces, and do not lead to an increase in
109	109	22 crime rates or substance use.
110	110	23 (6) Harm reduction operates on the understanding that
111	111	24 recovery is a multifaceted journey and that harm reduction
112	112	25 strategies complement traditional recovery approaches.
113	113	26 (7) While people who use drugs continue to face social
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124	124	1 stigma, they still possess the right to receive access to
125	125	2 housing, education, economic mobility, mental health care,
126	126	3 and a range of services to support a better quality of
127	127	4 life.
128	128	5 (8) Harm reduction acknowledges the intersecting
129	129	6 systems of oppression that marginalize people who use
130	130	7 drugs and centers the need for racial, economic, and
131	131	8 gender justice within policies and practices.
132	132	9 (9) Across the State, harm reductionists tirelessly
133	133	10 dedicate themselves toward mitigating the harms of
134	134	11 substance use and providing critical support to
135	135	12 individuals in need, and it is essential to recognize and
136	136	13 appreciate the strain and labor undertaken by these
137	137	14 individuals as they endure secondary trauma and navigate
138	138	15 complex social, economic, and political landscapes.
139	139	16 (10) Recent reports have highlighted funding and other
140	140	17 stresses endured by harm reduction providers, including
141	141	18 inadequate and inefficient distribution of opioid
142	142	19 settlement funds.
143	143	20 Section 1-10. Definitions. In this Act:
144	144	21 "Department" means the Department of Public Health.
145	145	22 "Harm reduction" means a philosophical framework and set
146	146	23 of strategies designed to reduce harm and promote dignity and
147	147	24 well-being among persons and communities who engage in
148	148	25 substance use.
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159	159	1 "Harm reduction provider" means a needle and hypodermic
160	160	2 syringe access program registered with the Department of
161	161	3 Public Health, as described in the Overdose Prevention and
162	162	4 Harm Reduction Act, where traditional harm reduction services
163	163	5 are the agency's primary focus and harm reduction principles
164	164	6 guide the organization.
165	165	7 "Harm reduction professional" means a specialist who
166	166	8 engages directly with people who use drugs to prevent overdose
167	167	9 and infectious disease transmission; improve physical, mental,
168	168	10 and social well-being; and offer low barrier options for
169	169	11 accessing health care services, including substance use and
170	170	12 mental health disorder treatment.
171	171	13 "Overdose prevention site" means a hygienic location where
172	172	14 individuals may safely consume pre-obtained substances under
173	173	15 observation.
174	174	16 "People with lived or living experience" means individuals
175	175	17 who currently or in the past have used drugs, been diagnosed
176	176	18 with a substance use disorder, experienced an overdose, or
177	177	19 used harm reduction services.
178	178	20 "Medication-assisted treatment" means the use of U.S. Food
179	179	21 and Drug Administration-approved medications, in combination
180	180	22 with counseling and behavioral therapies, to provide a whole
181	181	23 patient approach to the treatment of substance use disorders.
182	182	24 "Medications for opioid use disorder" means the use of
183	183	25 U.S. Food and Drug Administration-approved medications to
184	184	26 treat opioid use disorders.
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195	195	1 Article 2. Harm Reduction Program Board
196	196	2 Section 2-5. Purpose. The Harm Reduction Program Board is
197	197	3 created to advance the State's efforts to save lives through
198	198	4 harm reduction through improved alignment of existing efforts,
199	199	5 sustained and strategic investment, and emphasis on input from
200	200	6 people with lived or living experience.
201	201	7 Section 2-10. Membership.
202	202	8 (a) Members of the Harm Reduction Program Board shall
203	203	9 represent the diversity of this State and possess the
204	204	10 expertise needed to perform the responsibilities of the Harm
205	205	11 Reduction Program Board. Members of the Harm Reduction Program
206	206	12 Board shall include the following:
207	207	13 (1) One representative of a statewide coalition
208	208	14 addressing harm reduction, appointed by the Governor.
209	209	15 (2) One member of the General Assembly, appointed by
210	210	16 the President of the Senate.
211	211	17 (3) One member of the General Assembly, appointed by
212	212	18 the Speaker of the House of Representatives.
213	213	19 (4) One member of the General Assembly, appointed by
214	214	20 the Minority Leader of the Senate.
215	215	21 (5) One member of the General Assembly, appointed by
216	216	22 the Minority Leader of the House of Representatives.
217	217	23 (6) The Director of Public Health or the Director's
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228	228	1 designee, who shall serve as co-chair.
229	229	2 (7) The Secretary of Human Services or the Secretary's
230	230	3 designee.
231	231	4 (8) The Chief Behavioral Health Officer or the Chief
232	232	5 Behavioral Health Officer's designee.
233	233	6 (9) The Statewide Opioid Settlement Administrator or
234	234	7 the Statewide Opioid Settlement Administrator's designee.
235	235	8 (10) One person with lived or living experience with
236	236	9 drug use, substance use disorder, overdose, or use of harm
237	237	10 reduction services, appointed by the President of the
238	238	11 Senate.
239	239	12 (11) One person with lived or living experience with
240	240	13 drug use, substance use disorder, overdose, or use of harm
241	241	14 reduction services, appointed by the Speaker of the House
242	242	15 of Representatives, who shall serve as co-chair.
243	243	16 (12) One person with lived or living experience with
244	244	17 drug use, substance use disorder, overdose, or use of harm
245	245	18 reduction services, appointed by the Minority Leader of
246	246	19 the Senate.
247	247	20 (13) One person with lived or living experience with
248	248	21 drug use, substance use disorder, overdose, or use of harm
249	249	22 reduction services, appointed by the Minority Leader of
250	250	23 the House of Representatives.
251	251	24 (14) One person who has lost an immediate family
252	252	25 member to a fatal overdose, appointed by the Governor.
253	253	26 (15) One representative of a statewide organization of
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264	264	1 behavioral health providers, appointed by the Governor.
265	265	2 (16) One representative of a statewide organization of
266	266	3 addiction medicine specialists, appointed by the Governor.
267	267	4 (17) Two employees of community-based providers of
268	268	5 harm reduction services, appointed by the Director of
269	269	6 Public Health.
270	270	7 (18) One person employed by a research institution who
271	271	8 has conducted research on harm reduction, appointed by the
272	272	9 Director of Public Health.
273	273	10 (19) Additional members with lived or living
274	274	11 experience with drug use, substance use disorder,
275	275	12 overdose, or use of harm reduction services as needed to
276	276	13 ensure that a majority of Harm Reduction Program Board
277	277	14 members have lived or living experience, appointed by the
278	278	15 Director of Public Health.
279	279	16 (b) Members of the Harm Reduction Program Board shall
280	280	17 serve without compensation except those designated as
281	281	18 individuals with lived or living experience may receive
282	282	19 stipends as compensation for their time. Members of the Harm
283	283	20 Reduction Program Board may be reimbursed for reasonable
284	284	21 expenses incurred in the performance of their duties from
285	285	22 funds appropriated for that purpose.
286	286	23 (c) The Harm Reduction Program Board may exercise any
287	287	24 power, perform any function, take any action, or do anything
288	288	25 in furtherance of its purposes and goals upon the appointment
289	289	26 of a quorum of its members. The Harm Reduction Program Board
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300	300	1 terms shall end 4 years from the date of appointment.
301	301	2 Section 2-15. Meetings. The Harm Reduction Program Board
302	302	3 shall meet at least quarterly and may do so either in person or
303	303	4 remotely. The Department of Public Health shall provide
304	304	5 administrative support.
305	305	6 Section 2-20. Responsibilities. Within 12 months after the
306	306	7 effective date of this Act, the Harm Reduction Program Board
307	307	8 shall:
308	308	9 (1) develop a process to solicit applications for
309	309	10 community-based harm reduction grants;
310	310	11 (2) review community-based harm reduction grant
311	311	12 applications and proposed agreements and approve the
312	312	13 distribution of resources;
313	313	14 (3) develop a process to support ongoing monitoring
314	314	15 and evaluation of community-based harm reduction programs;
315	315	16 and
316	316	17 (4) deliver an annual report on grants awarded and
317	317	18 recommendations for harm reduction public policy to the
318	318	19 General Assembly and to the Governor to be posted on the
319	319	20 Department of Public Health website.
320	320	21 Article 3. Grant Funding
321	321	22 Section 3-5. Grant-making authority.
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332	332	1 (a) The Department of Public Health shall have
333	333	2 grant-making, operational, and procurement authority to
334	334	3 distribute funds to harm reduction providers to execute the
335	335	4 functions established in this Act.
336	336	5 (b) Subject to appropriation, the Department shall issue
337	337	6 grants to harm reduction providers. Grants shall be issued on
338	338	7 or before September 1 of the relevant fiscal year and shall
339	339	8 allow for pre-award expenditures beginning July 1 of the
340	340	9 relevant fiscal year.
341	341	10 (c) Beginning in fiscal year 2028 and subject to
342	342	11 appropriation, grants shall be awarded for a project period of
343	343	12 3 years, contingent on Department requirements for reporting
344	344	13 and successful performance.
345	345	14 (d) The Department shall ensure that grants awarded under
346	346	15 this Act do not duplicate or supplant grants awarded under any
347	347	16 other Act.
348	348	17 (e) The Department may, subject to appropriation and
349	349	18 approval through the Opioid Overdose Prevention and Recovery
350	350	19 Steering Committee, after recommendation by the Illinois
351	351	20 Opioid Remediation Advisory Board, and certification by the
352	352	21 Office of the Attorney General, make harm reduction grants to
353	353	22 harm reduction providers addressing opioid remediation in the
354	354	23 State for approved abatement uses under the Illinois Opioid
355	355	24 Allocation Agreement. The Illinois Opioid Remediation State
356	356	25 Trust Fund shall be the source of funding for the program.
357	357	26 Eligible grant recipients shall be harm reduction providers
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368	368	1 that offer services in a manner that supports and meets the
369	369	2 approved uses of the opioid settlement funds. Eligible grant
370	370	3 recipients have no entitlement to a grant under this Section.
371	371	4 The Department of Public Health may consult with the
372	372	5 Department of Human Services to adopt rules to implement this
373	373	6 Section and may create a competitive application procedure for
374	374	7 grants to be awarded. The rules may specify the manner of
375	375	8 applying for grants; grantee eligibility requirements; project
376	376	9 eligibility requirements; restrictions on the use of grant
377	377	10 moneys; the manner in which grantees must account for the use
378	378	11 of grant moneys; and any other provision that the Department
379	379	12 of Public Health determines to be necessary or useful for the
380	380	13 administration of this Section.
381	381	14 Section 3-10. Grants for harm reduction services.
382	382	15 (a) Subject to appropriation, the Department shall make
383	383	16 grants to harm reduction providers.
384	384	17 (b) The Department shall issue grants to ensure that harm
385	385	18 reduction services are available in all counties. A harm
386	386	19 reduction provider may receive a grant to provide harm
387	387	20 reduction services in more than one county.
388	388	21 (c) Harm reduction providers receiving grants under this
389	389	22 Act shall establish eligibility criteria for services.
390	390	23 (d) An eligible participant shall not be court ordered to
391	391	24 receive services funded by a grant under this Act.
392	392	25 (e) Harm reduction providers receiving grants under this
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403	403	1 Act shall provide the following harm reduction services
404	404	2 directly or through subgrants to other organizations:
405	405	3 (1) Provision of harm reduction supplies, including,
406	406	4 but not limited to, overdose reversal supplies, including
407	407	5 naloxone kits with 3 milligram and generic nasal
408	408	6 variations; substance test kits, including fentanyl test
409	409	7 strips and xylazine test strips; safer sex kits, including
410	410	8 condoms; sharps disposal and medication disposal kits;
411	411	9 wound care supplies; medication lock boxes; sterile water
412	412	10 and saline; ascorbic acid (vitamin C); nicotine cessation
413	413	11 therapies; food and beverages (including, snacks, protein
414	414	12 drinks, and water); supplies to promote sterile injection
415	415	13 and reduce infectious disease transmission through
416	416	14 injection drug use; safer smoking kits to reduce
417	417	15 infectious disease transmission; FDA-approved home testing
418	418	16 kits for viral hepatitis (such as, HBV and HCV) and HIV;
419	419	17 written educational materials on safer injection practices
420	420	18 and HIV and viral hepatitis and prevention, testing,
421	421	19 treatment, and care services; distribution mechanisms (for
422	422	20 example, bags for naloxone or safer sex kits, and metal
423	423	21 boxes or containers for holding naloxone) for harm
424	424	22 reduction supplies, including stock as otherwise described
425	425	23 and delineated on this list.
426	426	24 (2) Overdose reversal education and training services.
427	427	25 (3) Navigation services to ensure linkage to HIV and
428	428	26 viral hepatitis prevention, testing, treatment, and care
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439	439	1 services, including antiretroviral therapy for HCV and
440	440	2 HIV, pre-exposure prophylaxis (PEP), post-exposure
441	441	3 prophylaxis (PEP), prevention of mother to child
442	442	4 transmission, and partner services.
443	443	5 (4) Referral to hepatitis A and hepatitis B
444	444	6 vaccinations.
445	445	7 (5) Provision of education on HIV and viral hepatitis
446	446	8 prevention, testing, and referral to treatment services.
447	447	9 (6) Provision of information on local resources or
448	448	10 referrals for PEP, or both.
449	449	11 (f) Harm reduction providers receiving grants under this
450	450	12 Act may provide the following services directly or through
451	451	13 subgrants to other organizations:
452	452	14 (1) Contingency management services, in which tangible
453	453	15 incentives are given to participants contingent on
454	454	16 evidence of change in a specific, incentivized behavior
455	455	17 such as abstinence from a particular drug.
456	456	18 (2) Services to promote hygiene and other basic needs,
457	457	19 including, but not limited to, mobile showers and clothing
458	458	20 distribution.
459	459	21 (3) Other services necessary to promote harm
460	460	22 reduction, as determined by the harm reduction provider
461	461	23 and approved by the Department.
462	462	24 (g) Harm reduction providers receiving grants under this
463	463	25 Act may utilize funds for the following activities, subject to
464	464	26 approval by the Department:
465	465
466	466
467	467
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475	475	1 (1) compensation and fringe benefits for harm
476	476	2 reduction staff and supervisors;
477	477	3 (2) research and evaluation;
478	478	4 (3) community outreach and education; and
479	479	5 (4) building capacity in the harm reduction field.
480	480	6 (h) Grant funds may be used for capital expenses, subject
481	481	7 to approval by the Department.
482	482	8 (i) Harm reduction providers receiving grants under this
483	483	9 Act shall ensure that services are accessible to individuals
484	484	10 with disabilities and to individuals with limited English
485	485	11 proficiency. Harm reduction providers receiving grants under
486	486	12 this Act shall not deny services to individuals on the basis of
487	487	13 immigration status or gender identity.
488	488	14 (j) Unless otherwise provided by law, a harm reduction
489	489	15 provider receiving a grant under this Act shall not be
490	490	16 compelled to produce any documentation related to confidential
491	491	17 disclosures made by an eligible participant to that harm
492	492	18 reduction provider, and shall not be compelled to testify
493	493	19 regarding confidential disclosures made by such eligible
494	494	20 participant, in any criminal proceeding, if the sole purpose
495	495	21 for such documentation or testimony is related to an eligible
496	496	22 participant's drug use or other related activity.
497	497	23 (k) The Department shall encourage harm reduction
498	498	24 providers receiving grants under this Act to employ
499	499	25 individuals with lived experience.
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510	510	1 Article 4. Administrative Oversight
511	511	2 Section 4-5. Chief Harm Reduction Officer. This Article
512	512	3 establishes a Chief Harm Reduction Officer. The Officer shall
513	513	4 lead the State's comprehensive, interagency effort to ensure
514	514	5 that harm reduction services are available statewide, that the
515	515	6 State-supported system respects the dignity of people who use
516	516	7 drugs, and that investments in harm reduction services are
517	517	8 sustained and strategic. The Officer shall serve as a
518	518	9 policymaker and spokesperson on harm reduction, including
519	519	10 coordinating the interagency effort through legislation,
520	520	11 rules, and budgets; ensuring inclusion of people with lived
521	521	12 and living experience in policymaking; communicating with the
522	522	13 General Assembly and federal and local leaders on these
523	523	14 critical issues; and coordinating with harm reduction
524	524	15 providers and other community-based organizations. The Chief
525	525	16 Harm Reduction Officer shall be under the jurisdiction of the
526	526	17 Department.
527	527	18 Section 4-10. Department of Public Health administering
528	528	19 harm reduction programming and funding. Unless otherwise
529	529	20 indicated in this Act or in other Acts, harm reduction
530	530	21 programming and funding shall be administered by the
531	531	22 Department.
532	532	23 Article 5. Training, Technical Assistance, and Education
533	533
534	534
535	535
536	536
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543	543	1 Section 5-5. Role of harm reduction providers.
544	544	2 Organizations or agencies that do not meet the definition of
545	545	3 harm reduction provider must subcontract with a harm reduction
546	546	4 provider to meet any requirements for harm reduction
547	547	5 programming, training, education, or technical assistance
548	548	6 established under this Act.
549	549	7 Section 5-10. Local government training. Subject to
550	550	8 availability of funding, the Department and the Harm Reduction
551	551	9 Program Board shall establish a program to provide
552	552	10 comprehensive education and training for local government
553	553	11 agencies, including law enforcement and court stakeholders,
554	554	12 about this Act and the Overdose Prevention and Harm Reduction
555	555	13 Act, with a focus on ensuring compliance with laws that
556	556	14 provide immunity for participants, harm reduction providers,
557	557	15 and harm reduction staff and volunteers.
558	558	16 Section 5-15. The Department of Professional Regulation
559	559	17 Law of the Civil Administrative Code of Illinois is amended by
560	560	18 adding Section 2105-372 as follows:
561	561	19 (20 ILCS 2105/2105-372 new)
562	562	20 Sec. 2105-372. Continuing education; harm reduction.
563	563	21 (a) As used in this Section:
564	564	22 "Harm reduction" means a philosophical framework and set
565	565
566	566
567	567
568	568
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575	575	1 of strategies designed to reduce harm and promote dignity and
576	576	2 well-being among persons and communities who engage in
577	577	3 substance use.
578	578	4 "Health care professional" means a person licensed or
579	579	5 registered by the Department under the following Acts: the
580	580	6 Medical Practice Act of 1987, the Nurse Practice Act, the
581	581	7 Clinical Psychologist Licensing Act, the Illinois Optometric
582	582	8 Practice Act of 1987, the Illinois Physical Therapy Act, the
583	583	9 Pharmacy Practice Act, the Physician Assistant Practice Act of
584	584	10 1987, the Clinical Social Work and Social Work Practice Act,
585	585	11 the Nursing Home Administrators Licensing and Disciplinary
586	586	12 Act, the Illinois Occupational Therapy Practice Act, the
587	587	13 Podiatric Medical Practice Act of 1987, the Respiratory Care
588	588	14 Practice Act, the Professional Counselor and Clinical
589	589	15 Professional Counselor Licensing and Practice Act, the
590	590	16 Illinois Speech-Language Pathology and Audiology Practice Act,
591	591	17 the Illinois Dental Practice Act, or the Behavior Analyst
592	592	18 Licensing Act.
593	593	19 (b) For health care professional license or registration
594	594	20 renewals occurring on or after January 1, 2027, a health care
595	595	21 professional who has continuing education requirements must
596	596	22 complete at least a one-hour course or training on harm
597	597	23 reduction. A health care professional may count this one hour
598	598	24 for completion of this course toward meeting the minimum
599	599	25 credit hours required for continuing education.
600	600	26 (c) Any course or training offered to meet the
601	601
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603	603
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611	611	1 requirements of this Section must be designed by or delivered
612	612	2 by a harm reduction provider or harm reduction professional.
613	613	3 (d) The Department may adopt rules for the implementation
614	614	4 of this Section.
615	615	5 Article 6. Place-Based Approach to Harm Reduction
616	616	6 Section 6-5. Intent; purpose. This Article creates a
617	617	7 place-based approach to expand harm reduction education and
618	618	8 training, community engagement, mobile outreach, and
619	619	9 medication-assisted treatment in the communities with the
620	620	10 highest levels of overdoses and greatest unmet need for harm
621	621	11 reduction services.
622	622	12 Section 6-10. Pilot.
623	623	13 (a) Subject to availability of funding, the Department
624	624	14 shall make grants to one harm reduction provider in a
625	625	15 community in each Department region to coordinate a
626	626	16 place-based approach to harm reduction.
627	627	17 (b) Harm reduction providers receiving grants under this
628	628	18 Article shall provide the following services directly, through
629	629	19 subgrants to other organizations, or in coordination with
630	630	20 organizations receiving funding from other sources:
631	631	21 (1) Community education and engagement on harm
632	632	22 reduction.
633	633	23 (2) Mobile outreach to the populations at highest risk
634	634
635	635
636	636
637	637
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644	644	1 of overdose.
645	645	2 (3) Provision of or referral to medication-assisted
646	646	3 treatment.
647	647	4 (c) Harm reduction providers receiving grants under this
648	648	5 Article may provide other services as necessary to expand harm
649	649	6 reduction and prevent overdose in the community, either
650	650	7 directly, through subgrants to other organizations, or in
651	651	8 coordination with organizations receiving funding from other
652	652	9 sources, as determined by the harm reduction provider and
653	653	10 approved by the Department.
654	654	11 (d) The harm reduction provider shall provide training and
655	655	12 technical assistance on harm reduction to subgrantees and
656	656	13 other collaborating organizations.
657	657	14 (e) Harm reduction providers receiving grants under this
658	658	15 Article and collaborating organizations are prohibited from
659	659	16 sharing information about participants with law enforcement
660	660	17 and from undertaking activities to increase arrest or
661	661	18 prosecution for drug-related offenses or of people who use
662	662	19 drugs.
663	663	20 Section 6-15. Community selection. The Department shall
664	664	21 determine communities for the pilot by considering the
665	665	22 following factors:
666	666	23 (1) community population and poverty level;
667	667	24 (2) the geographic size of a community;
668	668	25 (3) the number of fatal and nonfatal overdoses in the
669	669
670	670
671	671
672	672
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679	679	1 community;
680	680	2 (4) recent trends in the number of overdoses in the
681	681	3 community;
682	682	4 (5) the number of harm reduction providers in the
683	683	5 community; and
684	684	6 (6) how many people are served by harm reduction
685	685	7 providers in the community.
686	686	8 Article 7. Correctional Facilities
687	687	9 Section 7-5. Incarceration; naloxone. Naloxone shall be
688	688	10 made readily available to all correctional staff, health care
689	689	11 staff, other staff, and incarcerated individuals in all
690	690	12 prisons and jails, subject to the availability of funding to
691	691	13 support the prison or jail in obtaining a supply of naloxone.
692	692	14 Section 7-10. The Counties Code is amended by adding
693	693	15 Section 3-6043 as follows:
694	694	16 (55 ILCS 5/3-6043 new)
695	695	17 Sec. 3-6043. Release; naloxone. Upon the release of a
696	696	18 prisoner from a correctional institution, the sheriff shall
697	697	19 provide the prisoner with naloxone and a referral to a harm
698	698	20 reduction provider.
699	699	21 Section 7-15. The Unified Code of Corrections is amended
700	700
701	701
702	702
703	703
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710	710	1 by changing Section 3-14-1 as follows:
711	711	2 (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
712	712	3 Sec. 3-14-1. Release from the institution.
713	713	4 (a) Upon release of a person on parole, mandatory release,
714	714	5 final discharge, or pardon, the Department shall return all
715	715	6 property held for him, provide him with suitable clothing and
716	716	7 procure necessary transportation for him to his designated
717	717	8 place of residence and employment. It may provide such person
718	718	9 with a grant of money for travel and expenses which may be paid
719	719	10 in installments. The amount of the money grant shall be
720	720	11 determined by the Department.
721	721	12 (a-1) The Department shall, before a wrongfully imprisoned
722	722	13 person, as defined in Section 3-1-2 of this Code, is
723	723	14 discharged from the Department, provide him or her with any
724	724	15 documents necessary after discharge.
725	725	16 (a-2) The Department of Corrections may establish and
726	726	17 maintain, in any institution it administers, revolving funds
727	727	18 to be known as "Travel and Allowances Revolving Funds". These
728	728	19 revolving funds shall be used for advancing travel and expense
729	729	20 allowances to committed, paroled, and discharged prisoners.
730	730	21 The moneys paid into such revolving funds shall be from
731	731	22 appropriations to the Department for Committed, Paroled, and
732	732	23 Discharged Prisoners.
733	733	24 (a-3) Upon release of a person who is eligible to vote on
734	734	25 parole, mandatory release, final discharge, or pardon, the
735	735
736	736
737	737
738	738
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745	745	1 Department shall provide the person with a form that informs
746	746	2 him or her that his or her voting rights have been restored and
747	747	3 a voter registration application. The Department shall have
748	748	4 available voter registration applications in the languages
749	749	5 provided by the Illinois State Board of Elections. The form
750	750	6 that informs the person that his or her rights have been
751	751	7 restored shall include the following information:
752	752	8 (1) All voting rights are restored upon release from
753	753	9 the Department's custody.
754	754	10 (2) A person who is eligible to vote must register in
755	755	11 order to be able to vote.
756	756	12 The Department of Corrections shall confirm that the
757	757	13 person received the voter registration application and has
758	758	14 been informed that his or her voting rights have been
759	759	15 restored.
760	760	16 (a-4) Prior to release of a person on parole, mandatory
761	761	17 supervised release, final discharge, or pardon, the Department
762	762	18 shall screen every person for Medicaid eligibility. Officials
763	763	19 of the correctional institution or facility where the
764	764	20 committed person is assigned shall assist an eligible person
765	765	21 to complete a Medicaid application to ensure that the person
766	766	22 begins receiving benefits as soon as possible after his or her
767	767	23 release. The application must include the eligible person's
768	768	24 address associated with his or her residence upon release from
769	769	25 the facility. If the residence is temporary, the eligible
770	770	26 person must notify the Department of Human Services of his or
771	771
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781	781	1 her change in address upon transition to permanent housing.
782	782	2 (b) (Blank).
783	783	3 (c) Except as otherwise provided in this Code, the
784	784	4 Department shall establish procedures to provide written
785	785	5 notification of any release of any person who has been
786	786	6 convicted of a felony to the State's Attorney and sheriff of
787	787	7 the county from which the offender was committed, and the
788	788	8 State's Attorney and sheriff of the county into which the
789	789	9 offender is to be paroled or released. Except as otherwise
790	790	10 provided in this Code, the Department shall establish
791	791	11 procedures to provide written notification to the proper law
792	792	12 enforcement agency for any municipality of any release of any
793	793	13 person who has been convicted of a felony if the arrest of the
794	794	14 offender or the commission of the offense took place in the
795	795	15 municipality, if the offender is to be paroled or released
796	796	16 into the municipality, or if the offender resided in the
797	797	17 municipality at the time of the commission of the offense. If a
798	798	18 person convicted of a felony who is in the custody of the
799	799	19 Department of Corrections or on parole or mandatory supervised
800	800	20 release informs the Department that he or she has resided,
801	801	21 resides, or will reside at an address that is a housing
802	802	22 facility owned, managed, operated, or leased by a public
803	803	23 housing agency, the Department must send written notification
804	804	24 of that information to the public housing agency that owns,
805	805	25 manages, operates, or leases the housing facility. The written
806	806	26 notification shall, when possible, be given at least 14 days
807	807
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809	809
810	810
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817	817	1 before release of the person from custody, or as soon
818	818	2 thereafter as possible. The written notification shall be
819	819	3 provided electronically if the State's Attorney, sheriff,
820	820	4 proper law enforcement agency, or public housing agency has
821	821	5 provided the Department with an accurate and up to date email
822	822	6 address.
823	823	7 (c-1) (Blank).
824	824	8 (c-2) The Department shall establish procedures to provide
825	825	9 notice to the Illinois State Police of the release or
826	826	10 discharge of persons convicted of violations of the
827	827	11 Methamphetamine Control and Community Protection Act or a
828	828	12 violation of the Methamphetamine Precursor Control Act. The
829	829	13 Illinois State Police shall make this information available to
830	830	14 local, State, or federal law enforcement agencies upon
831	831	15 request.
832	832	16 (c-5) If a person on parole or mandatory supervised
833	833	17 release becomes a resident of a facility licensed or regulated
834	834	18 by the Department of Public Health, the Illinois Department of
835	835	19 Public Aid, or the Illinois Department of Human Services, the
836	836	20 Department of Corrections shall provide copies of the
837	837	21 following information to the appropriate licensing or
838	838	22 regulating Department and the licensed or regulated facility
839	839	23 where the person becomes a resident:
840	840	24 (1) The mittimus and any pre-sentence investigation
841	841	25 reports.
842	842	26 (2) The social evaluation prepared pursuant to Section
843	843
844	844
845	845
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853	853	1 3-8-2.
854	854	2 (3) Any pre-release evaluation conducted pursuant to
855	855	3 subsection (j) of Section 3-6-2.
856	856	4 (4) Reports of disciplinary infractions and
857	857	5 dispositions.
858	858	6 (5) Any parole plan, including orders issued by the
859	859	7 Prisoner Review Board, and any violation reports and
860	860	8 dispositions.
861	861	9 (6) The name and contact information for the assigned
862	862	10 parole agent and parole supervisor.
863	863	11 This information shall be provided within 3 days of the
864	864	12 person becoming a resident of the facility.
865	865	13 (c-10) If a person on parole or mandatory supervised
866	866	14 release becomes a resident of a facility licensed or regulated
867	867	15 by the Department of Public Health, the Illinois Department of
868	868	16 Public Aid, or the Illinois Department of Human Services, the
869	869	17 Department of Corrections shall provide written notification
870	870	18 of such residence to the following:
871	871	19 (1) The Prisoner Review Board.
872	872	20 (2) The chief of police and sheriff in the
873	873	21 municipality and county in which the licensed facility is
874	874	22 located.
875	875	23 The notification shall be provided within 3 days of the
876	876	24 person becoming a resident of the facility.
877	877	25 (d) Upon the release of a committed person on parole,
878	878	26 mandatory supervised release, final discharge, or pardon, the
879	879
880	880
881	881
882	882
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889	889	1 Department shall provide such person with information
890	890	2 concerning programs and services of the Illinois Department of
891	891	3 Public Health to ascertain whether such person has been
892	892	4 exposed to the human immunodeficiency virus (HIV) or any
893	893	5 identified causative agent of Acquired Immunodeficiency
894	894	6 Syndrome (AIDS).
895	895	7 (d-5) Upon the release of a committed person from a
896	896	8 correctional institution or facility, the Department shall
897	897	9 provide the committed person with naloxone and a referral to a
898	898	10 harm reduction provider.
899	899	11 (e) Upon the release of a committed person on parole,
900	900	12 mandatory supervised release, final discharge, pardon, or who
901	901	13 has been wrongfully imprisoned, the Department shall verify
902	902	14 the released person's full name, date of birth, and social
903	903	15 security number. If verification is made by the Department by
904	904	16 obtaining a certified copy of the released person's birth
905	905	17 certificate and the released person's social security card or
906	906	18 other documents authorized by the Secretary, the Department
907	907	19 shall provide the birth certificate and social security card
908	908	20 or other documents authorized by the Secretary to the released
909	909	21 person. If verification by the Department is done by means
910	910	22 other than obtaining a certified copy of the released person's
911	911	23 birth certificate and the released person's social security
912	912	24 card or other documents authorized by the Secretary, the
913	913	25 Department shall complete a verification form, prescribed by
914	914	26 the Secretary of State, and shall provide that verification
915	915
916	916
917	917
918	918
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925	925	1 form to the released person.
926	926	2 (f) Forty-five days prior to the scheduled discharge of a
927	927	3 person committed to the custody of the Department of
928	928	4 Corrections, the Department shall give the person:
929	929	5 (1) who is otherwise uninsured an opportunity to apply
930	930	6 for health care coverage including medical assistance
931	931	7 under Article V of the Illinois Public Aid Code in
932	932	8 accordance with subsection (b) of Section 1-8.5 of the
933	933	9 Illinois Public Aid Code, and the Department of
934	934	10 Corrections shall provide assistance with completion of
935	935	11 the application for health care coverage including medical
936	936	12 assistance;
937	937	13 (2) information about obtaining a standard Illinois
938	938	14 Identification Card or a limited-term Illinois
939	939	15 Identification Card under Section 4 of the Illinois
940	940	16 Identification Card Act if the person has not been issued
941	941	17 an Illinois Identification Card under subsection (a-20) of
942	942	18 Section 4 of the Illinois Identification Card Act;
943	943	19 (3) information about voter registration and may
944	944	20 distribute information prepared by the State Board of
945	945	21 Elections. The Department of Corrections may enter into an
946	946	22 interagency contract with the State Board of Elections to
947	947	23 participate in the automatic voter registration program
948	948	24 and be a designated automatic voter registration agency
949	949	25 under Section 1A-16.2 of the Election Code;
950	950	26 (4) information about job listings upon discharge from
951	951
952	952
953	953
954	954
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961	961	1 the correctional institution or facility;
962	962	2 (5) information about available housing upon discharge
963	963	3 from the correctional institution or facility;
964	964	4 (6) a directory of elected State officials and of
965	965	5 officials elected in the county and municipality, if any,
966	966	6 in which the committed person intends to reside upon
967	967	7 discharge from the correctional institution or facility;
968	968	8 and
969	969	9 (7) any other information that the Department of
970	970	10 Corrections deems necessary to provide the committed
971	971	11 person in order for the committed person to reenter the
972	972	12 community and avoid recidivism.
973	973	13 (g) Sixty days before the scheduled discharge of a person
974	974	14 committed to the custody of the Department or upon receipt of
975	975	15 the person's certified birth certificate and social security
976	976	16 card as set forth in subsection (d) of Section 3-8-1 of this
977	977	17 Act, whichever occurs later, the Department shall transmit an
978	978	18 application for an Identification Card to the Secretary of
979	979	19 State, in accordance with subsection (a-20) of Section 4 of
980	980	20 the Illinois Identification Card Act.
981	981	21 The Department may adopt rules to implement this Section.
982	982	22 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
983	983	23 102-606, eff. 1-1-22; 102-813, eff. 5-13-22; 103-345, eff.
984	984	24 1-1-24.)
985	985	25 Section 7-20. The County Jail Act is amended by adding
986	986
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996	996	1 Sections 19.7 and 19.9 as follows:
997	997	2 (730 ILCS 125/19.7 new)
998	998	3 Sec. 19.7. Release; naloxone. Upon the release of a
999	999	4 prisoner from a jail, the warden shall provide the prisoner
1000	1000	5 with naloxone, subject to the availability of funding to
1001	1001	6 support the jail in obtaining a supply of naloxone, and a
1002	1002	7 referral to a harm reduction provider.
1003	1003	8 (730 ILCS 125/19.9 new)
1004	1004	9 Sec. 19.9. Medication for opioid use disorder.
1005	1005	10 (a) In this Section:
1006	1006	11 "Clinically indicated" means a medical procedure or
1007	1007	12 treatment is based upon the treatment provider's medical
1008	1008	13 judgment in accordance with the current generally accepted
1009	1009	14 standards of care.
1010	1010	15 "Medication-assisted treatment" means the use of U.S. Food
1011	1011	16 and Drug Administration-approved medications, in combination
1012	1012	17 with counseling and behavioral therapies, to provide a whole
1013	1013	18 patient approach to the treatment of substance use disorders.
1014	1014	19 "Medications for opioid use disorder" means the use of
1015	1015	20 U.S. Food and Drug Administration-approved medications to
1016	1016	21 treat substance use disorders.
1017	1017	22 (b) Within 24 hours of admission to a jail, each detained
1018	1018	23 person shall be screened for substance use disorders as part
1019	1019	24 of an initial and ongoing substance use screening and
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1030	1030	1 assessment process. This process includes screening and
1031	1031	2 assessment for opioid use disorders.
1032	1032	3 (c) A detained person who is admitted to a jail while under
1033	1033	4 the medical care of a licensed physician, a licensed physician
1034	1034	5 assistant, or a licensed nurse practitioner and who is taking
1035	1035	6 medication at the time of admission in accordance with a valid
1036	1036	7 prescription as verified by the individual's pharmacy of
1037	1037	8 record, primary care provider, other licensed care provider,
1038	1038	9 or a prescription monitoring or information system, shall have
1039	1039	10 that medication continued and provided by the jail pending an
1040	1040	11 evaluation by a licensed physician, a licensed physician
1041	1041	12 assistant, or a licensed nurse practitioner and subject to the
1042	1042	13 treatment provider's medical judgment. The jail may defer
1043	1043	14 provision of a validly prescribed medication in accordance
1044	1044	15 with this subsection if, in the judgment of a licensed
1045	1045	16 physician, a licensed physician assistant, or a licensed nurse
1046	1046	17 practitioner, continuation of the medication is no longer
1047	1047	18 clinically indicated.
1048	1048	19 A detained person who is admitted to a jail while under the
1049	1049	20 medical care of a licensed physician, a licensed physician
1050	1050	21 assistant, or a licensed nurse practitioner and who is taking
1051	1051	22 medication for an opioid use disorder or participating in
1052	1052	23 medication-assisted treatment at the time of admission in
1053	1053	24 accordance with a valid prescription as verified by the
1054	1054	25 individual's pharmacy of record, primary care provider, other
1055	1055	26 licensed care provider, or a prescription monitoring or
1056	1056
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1066	1066	1 information system, shall have the detained person's
1067	1067	2 medication continued and provided by the jail pending an
1068	1068	3 evaluation by a licensed physician, a licensed physician
1069	1069	4 assistant, or a licensed nurse practitioner and subject to the
1070	1070	5 treatment provider's medical judgment. The jail may defer
1071	1071	6 provision of a validly prescribed medication in accordance
1072	1072	7 with this subsection if, in the judgment of a licensed
1073	1073	8 physician, a licensed physician assistant, or a licensed nurse
1074	1074	9 practitioner, continuation of the medication is no longer
1075	1075	10 clinically indicated. An individual participating in a
1076	1076	11 medication-assisted treatment program may have counseling and
1077	1077	12 behavioral therapies continued to the extent possible.
1078	1078	13 If at any time a detained person screens positive as
1079	1079	14 having or being at risk for an opioid use disorder, is
1080	1080	15 diagnosed with an opioid use disorder or is exhibiting
1081	1081	16 symptoms of withdrawal from an opioid use disorder, and
1082	1082	17 medication-assisted treatment is clinically indicated by a
1083	1083	18 licensed physician, a licensed physician assistant, or a
1084	1084	19 licensed nurse practitioner, then the individual may consent
1085	1085	20 to commence medications for opioid use disorder, which shall
1086	1086	21 be provided by the jail. The detained person shall be
1087	1087	22 authorized to receive the medication immediately and for as
1088	1088	23 long as clinically indicated.
1089	1089	24 (d) The licensed practitioner who makes the clinical
1090	1090	25 judgment to discontinue the use of medication shall enter the
1091	1091	26 reason for the discontinuance to be entered into the detained
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1102	1102	1 person's medical record, specifically stating the reason for
1103	1103	2 discontinuance. The individual shall be provided, both orally
1104	1104	3 and in writing, with a specific explanation of the decision to
1105	1105	4 discontinue the medication.
1106	1106	5 (e) As part of the reentry planning, the jail shall
1107	1107	6 commence medications for opioid use disorder prior to an
1108	1108	7 individual's release if:
1109	1109	8 (1) the individual screens positive as having an
1110	1110	9 opioid use disorder, being at risk for an opioid use
1111	1111	10 disorder, or exhibiting symptoms of withdrawal from an
1112	1112	11 opioid use disorder;
1113	1113	12 (2) medication-assisted treatment is clinically
1114	1114	13 indicated by a licensed physician, a licensed physician
1115	1115	14 assistant, or a licensed nurse practitioner; and
1116	1116	15 (3) the individual consents to commence medications
1117	1117	16 for opioid use disorder.
1118	1118	17 Upon reentry, the jail shall provide an individual
1119	1119	18 participating in medication-assisted treatment with a referral
1120	1120	19 to a provider in the community who may assist the individual
1121	1121	20 with continued medications for opioid use disorder and
1122	1122	21 medication-assisted treatment care.
1123	1123	22 Article 8. Health Care Facilities
1124	1124	23 Section 8-5. Medication for opioid use disorder. All acute
1125	1125	24 care hospitals that provide emergency services in an emergency
1126	1126
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1136	1136	1 department, all satellite emergency facilities, and all
1137	1137	2 inpatient behavioral health treatment providers shall
1138	1138	3 maintain, as part of their services, protocols and capacity to
1139	1139	4 provide appropriate, evidence-based interventions prior to
1140	1140	5 discharge that reduce the risk of subsequent harm and fatality
1141	1141	6 following an opioid-related overdose, including, but not
1142	1142	7 limited to, institutional protocols and capacity to possess,
1143	1143	8 dispense, administer, and prescribe all FDA-approved forms of
1144	1144	9 medication for opioid use disorder. Such treatment shall be
1145	1145	10 offered to all patients who present in an acute care hospital
1146	1146	11 emergency department, a satellite emergency facility, or
1147	1147	12 inpatient behavioral health treatment provider for care and
1148	1148	13 treatment of an opioid-related overdose or opioid use
1149	1149	14 disorder; if that treatment shall only occur when it is
1150	1150	15 recommended by the treating healthcare provider and is
1151	1151	16 voluntarily agreed to by the patient. Acute care hospitals
1152	1152	17 that provide emergency services in an emergency department,
1153	1153	18 satellite emergency facilities, and inpatient behavioral
1154	1154	19 health treatment providers shall demonstrate compliance with
1155	1155	20 applicable training and waiver requirements established by the
1156	1156	21 federal Drug Enforcement Agency and the federal Substance
1157	1157	22 Abuse and Mental Health Services Administration relative to
1158	1158	23 prescribing medication for opioid use disorder. Prior to
1159	1159	24 discharge, any patient who is administered or prescribed
1160	1160	25 medication for opioid use disorder in an acute care hospital
1161	1161	26 emergency department, satellite emergency facility, or
1162	1162
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1172	1172	1 inpatient behavioral health treatment provider shall be
1173	1173	2 directly connected to an appropriate provider or treatment
1174	1174	3 site to voluntarily continue the treatment.
1175	1175	4 Section 8-10. Patient discharge and education on naloxone;
1176	1176	5 provider referral. Upon discharge of a patient from an acute
1177	1177	6 care hospital, satellite emergency facility, or inpatient
1178	1178	7 behavioral health treatment provider who has: (i) a history of
1179	1179	8 or is actively using opioids or other illicit drugs; (ii) been
1180	1180	9 diagnosed with opioid use disorder; or (iii) experienced an
1181	1181	10 opioid-related overdose, the acute care hospital, satellite
1182	1182	11 emergency facility, or inpatient behavioral health treatment
1183	1183	12 provider shall educate the patient on the use of naloxone,
1184	1184	13 dispense not less than 2 doses of naloxone to the patient or a
1185	1185	14 legal guardian of the patient, and directly connect the
1186	1186	15 patient to a harm reduction provider.
1187	1187	16 Section 8-15. Rulemaking. The Department may adopt rules
1188	1188	17 for the implementation of this Article.
1189	1189	18 Section 8-20. The Hospital Licensing Act is amended by
1190	1190	19 adding Section 17 as follows:
1191	1191	20 (210 ILCS 85/17 new)
1192	1192	21 Sec. 17. Fentanyl testing.
1193	1193	22 (a) If an individual is treated at a hospital and the
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1204	1204	1 hospital conducts a urine drug screening to assist in
1205	1205	2 diagnosing the individual's condition, the hospital shall
1206	1206	3 include testing for fentanyl in the individual's urine
1207	1207	4 screening.
1208	1208	5 (b) If the urine drug screening conducted in accordance
1209	1209	6 with subsection (a) detects fentanyl, the hospital shall
1210	1210	7 report the test results, which shall be deidentified, to the
1211	1211	8 Department through the State-designated health information
1212	1212	9 exchange.
1213	1213	10 (c) This Section does not apply to a hospital that does not
1214	1214	11 have chemical analyzer equipment.
1215	1215	12 (d) This Section does not affect any State law providing
1216	1216	13 civil or criminal immunity to an individual who is in need of
1217	1217	14 medical assistance after ingesting or using alcohol or drugs,
1218	1218	15 or to an individual who, in good faith, assists another
1219	1219	16 individual who is in need of medical assistance after
1220	1220	17 ingesting or using alcohol or drugs.
1221	1221	18 Article 9. Housing
1222	1222	19 Section 9-5. Low barrier housing. Community-based service
1223	1223	20 providers that are funded or regulated by the State to offer
1224	1224	21 shelter, recovery homes, housing, or housing vouchers shall
1225	1225	22 adopt a low barrier approach that prioritizes provision of
1226	1226	23 stable housing before addressing other social needs and
1227	1227	24 incorporates the following requirements:
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1238	1238	1 (1) Applicants may not be rejected and residents may
1239	1239	2 not be evicted solely based on abstinence-only or sobriety
1240	1240	3 requirements. Behaviors while intoxicated that violate the
1241	1241	4 terms of residency may be grounds for rejection of an
1242	1242	5 applicant for housing or eviction of a resident.
1243	1243	6 (2) Discrimination against applicants solely on the
1244	1244	7 basis of criminal records, records of arrests, charges, or
1245	1245	8 convictions on drug-related offenses is prohibited.
1246	1246	9 These requirements do not apply to operators or owners of
1247	1247	10 rental housing on the private market.
1248	1248	11 Section 9-10. Housing evictions based on opioid use
1249	1249	12 disorder treatment. All operators or owners of housing are
1250	1250	13 prohibited from rejecting applicants or evicting residents
1251	1251	14 because they are receiving medication for opioid use disorder
1252	1252	15 or other forms of medication-assisted treatment.
1253	1253	16 Section 9-15. Federal requirements. Nothing in this
1254	1254	17 Article shall be construed to prohibit a housing provider from
1255	1255	18 complying with federal laws or regulations if housing is
1256	1256	19 provided using both federal and State funding.
1257	1257	20 Article 10. Home Rule Preemption
1258	1258	21 Section 10-5. Home rule preemption.
1259	1259	22 (a) A home rule unit may not prohibit the establishment or
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1270	1270	1 operation of any harm reduction activities as provided in this
1271	1271	2 Act.
1272	1272	3 (b) A municipality may not adopt zoning regulations for
1273	1273	4 the sole purpose of prohibiting the establishment or operation
1274	1274	5 of any harm reduction activities as provided in this Act.
1275	1275	6 (c) This Section is a denial and limitation of home rule
1276	1276	7 powers and functions under subsection (g) of Section 6 of
1277	1277	8 Article VII of the Illinois Constitution.
1278	1278	9 Section 10-10. The Overdose Prevention and Harm Reduction
1279	1279	10 Act is amended by adding Section 20 as follows:
1280	1280	11 (410 ILCS 710/20 new)
1281	1281	12 Sec. 20. Home rule preemption. A home rule unit may not
1282	1282	13 prohibit the establishment or operation of a needle and
1283	1283	14 hypodermic syringe access program as provided in this Act.
1284	1284	15 This Section is a denial and limitation of home rule powers and
1285	1285	16 functions under subsection (g) of Section 6 of Article VII of
1286	1286	17 the Illinois Constitution.
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