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
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
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.
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A BILL FOR
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1 AN ACT concerning health.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Article 1. General Provisions
5 Section 1-1. Short title; references to Act.
6 (a) Short title. This Act may be cited as the Holistic
7 Overdose Prevention and Equity Act.
8 (b) References to Act. This Act may be referred to as the
9 HOPE Act.
10 Section 1-5. Findings. The General Assembly finds that:
11 (1) The Department of Public Health reported 3,261
12 opioid-related overdose fatalities in 2022, representing
13 an estimated 272 lives lost every month as the State's
14 overdose crisis persists.
15 (2) The Cook County Medical Examiner's Office
16 confirmed that 2,000 opioid-related deaths occurred in
17 Cook County during 2022, with Black residents comprising
18 56% of deaths despite only representing 23% of the
19 county's population.
20 (3) The Opioid Data Dashboard provided by the
21 Department of Public Health vividly demonstrates the
22 extensive reach of opioid-related overdose across the
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
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
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A BILL FOR
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
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1 State; outside of Cook County, the counties that
2 experience the brunt of fatalities include Will County,
3 Winnebago County, DuPage County, Lake County, Kane County,
4 Madison County, St. Clair County, Sangamon County, McHenry
5 County, and Champaign County.
6 (4) Harm reduction measures have been proven to reduce
7 HIV transmissions, among other benefits, including
8 assisting in the prevention against the acquisition of
9 other bloodborne viruses such as Hepatitis B and C, the
10 prevention of fatal overdoses, decrease in encounters with
11 the criminal justice system, reduction in crime, reduction
12 of social exclusion for people who use drugs, and
13 improvement in access to medical care, mental health
14 support, housing, community support, food, and other basic
15 needs.
16 (5) Extensive research and reports continue to
17 demonstrate that harm reduction strategies not only save
18 lives by preventing overdose deaths but also limit
19 expenses in response to hospitalizations, emergency calls,
20 and deaths, promote public safety by diverting hazardous
21 waste from public spaces, and do not lead to an increase in
22 crime rates or substance use.
23 (6) Harm reduction operates on the understanding that
24 recovery is a multifaceted journey and that harm reduction
25 strategies complement traditional recovery approaches.
26 (7) While people who use drugs continue to face social
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1 stigma, they still possess the right to receive access to
2 housing, education, economic mobility, mental health care,
3 and a range of services to support a better quality of
4 life.
5 (8) Harm reduction acknowledges the intersecting
6 systems of oppression that marginalize people who use
7 drugs and centers the need for racial, economic, and
8 gender justice within policies and practices.
9 (9) Across the State, harm reductionists tirelessly
10 dedicate themselves toward mitigating the harms of
11 substance use and providing critical support to
12 individuals in need, and it is essential to recognize and
13 appreciate the strain and labor undertaken by these
14 individuals as they endure secondary trauma and navigate
15 complex social, economic, and political landscapes.
16 (10) Recent reports have highlighted funding and other
17 stresses endured by harm reduction providers, including
18 inadequate and inefficient distribution of opioid
19 settlement funds.
20 Section 1-10. Definitions. In this Act:
21 "Department" means the Department of Public Health.
22 "Harm reduction" means a philosophical framework and set
23 of strategies designed to reduce harm and promote dignity and
24 well-being among persons and communities who engage in
25 substance use.
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1 "Harm reduction provider" means a needle and hypodermic
2 syringe access program registered with the Department of
3 Public Health, as described in the Overdose Prevention and
4 Harm Reduction Act, where traditional harm reduction services
5 are the agency's primary focus and harm reduction principles
6 guide the organization.
7 "Harm reduction professional" means a specialist who
8 engages directly with people who use drugs to prevent overdose
9 and infectious disease transmission; improve physical, mental,
10 and social well-being; and offer low barrier options for
11 accessing health care services, including substance use and
12 mental health disorder treatment.
13 "Overdose prevention site" means a hygienic location where
14 individuals may safely consume pre-obtained substances under
15 observation.
16 "People with lived or living experience" means individuals
17 who currently or in the past have used drugs, been diagnosed
18 with a substance use disorder, experienced an overdose, or
19 used harm reduction services.
20 "Medication-assisted treatment" means the use of U.S. Food
21 and Drug Administration-approved medications, in combination
22 with counseling and behavioral therapies, to provide a whole
23 patient approach to the treatment of substance use disorders.
24 "Medications for opioid use disorder" means the use of
25 U.S. Food and Drug Administration-approved medications to
26 treat opioid use disorders.
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1 Article 2. Harm Reduction Program Board
2 Section 2-5. Purpose. The Harm Reduction Program Board is
3 created to advance the State's efforts to save lives through
4 harm reduction through improved alignment of existing efforts,
5 sustained and strategic investment, and emphasis on input from
6 people with lived or living experience.
7 Section 2-10. Membership.
8 (a) Members of the Harm Reduction Program Board shall
9 represent the diversity of this State and possess the
10 expertise needed to perform the responsibilities of the Harm
11 Reduction Program Board. Members of the Harm Reduction Program
12 Board shall include the following:
13 (1) One representative of a statewide coalition
14 addressing harm reduction, appointed by the Governor.
15 (2) One member of the General Assembly, appointed by
16 the President of the Senate.
17 (3) One member of the General Assembly, appointed by
18 the Speaker of the House of Representatives.
19 (4) One member of the General Assembly, appointed by
20 the Minority Leader of the Senate.
21 (5) One member of the General Assembly, appointed by
22 the Minority Leader of the House of Representatives.
23 (6) The Director of Public Health or the Director's
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1 designee, who shall serve as co-chair.
2 (7) The Secretary of Human Services or the Secretary's
3 designee.
4 (8) The Chief Behavioral Health Officer or the Chief
5 Behavioral Health Officer's designee.
6 (9) The Statewide Opioid Settlement Administrator or
7 the Statewide Opioid Settlement Administrator's designee.
8 (10) One person with lived or living experience with
9 drug use, substance use disorder, overdose, or use of harm
10 reduction services, appointed by the President of the
11 Senate.
12 (11) One person with lived or living experience with
13 drug use, substance use disorder, overdose, or use of harm
14 reduction services, appointed by the Speaker of the House
15 of Representatives, who shall serve as co-chair.
16 (12) One person with lived or living experience with
17 drug use, substance use disorder, overdose, or use of harm
18 reduction services, appointed by the Minority Leader of
19 the Senate.
20 (13) One person with lived or living experience with
21 drug use, substance use disorder, overdose, or use of harm
22 reduction services, appointed by the Minority Leader of
23 the House of Representatives.
24 (14) One person who has lost an immediate family
25 member to a fatal overdose, appointed by the Governor.
26 (15) One representative of a statewide organization of
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1 behavioral health providers, appointed by the Governor.
2 (16) One representative of a statewide organization of
3 addiction medicine specialists, appointed by the Governor.
4 (17) Two employees of community-based providers of
5 harm reduction services, appointed by the Director of
6 Public Health.
7 (18) One person employed by a research institution who
8 has conducted research on harm reduction, appointed by the
9 Director of Public Health.
10 (19) Additional members with lived or living
11 experience with drug use, substance use disorder,
12 overdose, or use of harm reduction services as needed to
13 ensure that a majority of Harm Reduction Program Board
14 members have lived or living experience, appointed by the
15 Director of Public Health.
16 (b) Members of the Harm Reduction Program Board shall
17 serve without compensation except those designated as
18 individuals with lived or living experience may receive
19 stipends as compensation for their time. Members of the Harm
20 Reduction Program Board may be reimbursed for reasonable
21 expenses incurred in the performance of their duties from
22 funds appropriated for that purpose.
23 (c) The Harm Reduction Program Board may exercise any
24 power, perform any function, take any action, or do anything
25 in furtherance of its purposes and goals upon the appointment
26 of a quorum of its members. The Harm Reduction Program Board
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1 terms shall end 4 years from the date of appointment.
2 Section 2-15. Meetings. The Harm Reduction Program Board
3 shall meet at least quarterly and may do so either in person or
4 remotely. The Department of Public Health shall provide
5 administrative support.
6 Section 2-20. Responsibilities. Within 12 months after the
7 effective date of this Act, the Harm Reduction Program Board
8 shall:
9 (1) develop a process to solicit applications for
10 community-based harm reduction grants;
11 (2) review community-based harm reduction grant
12 applications and proposed agreements and approve the
13 distribution of resources;
14 (3) develop a process to support ongoing monitoring
15 and evaluation of community-based harm reduction programs;
16 and
17 (4) deliver an annual report on grants awarded and
18 recommendations for harm reduction public policy to the
19 General Assembly and to the Governor to be posted on the
20 Department of Public Health website.
21 Article 3. Grant Funding
22 Section 3-5. Grant-making authority.
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1 (a) The Department of Public Health shall have
2 grant-making, operational, and procurement authority to
3 distribute funds to harm reduction providers to execute the
4 functions established in this Act.
5 (b) Subject to appropriation, the Department shall issue
6 grants to harm reduction providers. Grants shall be issued on
7 or before September 1 of the relevant fiscal year and shall
8 allow for pre-award expenditures beginning July 1 of the
9 relevant fiscal year.
10 (c) Beginning in fiscal year 2028 and subject to
11 appropriation, grants shall be awarded for a project period of
12 3 years, contingent on Department requirements for reporting
13 and successful performance.
14 (d) The Department shall ensure that grants awarded under
15 this Act do not duplicate or supplant grants awarded under any
16 other Act.
17 (e) The Department may, subject to appropriation and
18 approval through the Opioid Overdose Prevention and Recovery
19 Steering Committee, after recommendation by the Illinois
20 Opioid Remediation Advisory Board, and certification by the
21 Office of the Attorney General, make harm reduction grants to
22 harm reduction providers addressing opioid remediation in the
23 State for approved abatement uses under the Illinois Opioid
24 Allocation Agreement. The Illinois Opioid Remediation State
25 Trust Fund shall be the source of funding for the program.
26 Eligible grant recipients shall be harm reduction providers
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1 that offer services in a manner that supports and meets the
2 approved uses of the opioid settlement funds. Eligible grant
3 recipients have no entitlement to a grant under this Section.
4 The Department of Public Health may consult with the
5 Department of Human Services to adopt rules to implement this
6 Section and may create a competitive application procedure for
7 grants to be awarded. The rules may specify the manner of
8 applying for grants; grantee eligibility requirements; project
9 eligibility requirements; restrictions on the use of grant
10 moneys; the manner in which grantees must account for the use
11 of grant moneys; and any other provision that the Department
12 of Public Health determines to be necessary or useful for the
13 administration of this Section.
14 Section 3-10. Grants for harm reduction services.
15 (a) Subject to appropriation, the Department shall make
16 grants to harm reduction providers.
17 (b) The Department shall issue grants to ensure that harm
18 reduction services are available in all counties. A harm
19 reduction provider may receive a grant to provide harm
20 reduction services in more than one county.
21 (c) Harm reduction providers receiving grants under this
22 Act shall establish eligibility criteria for services.
23 (d) An eligible participant shall not be court ordered to
24 receive services funded by a grant under this Act.
25 (e) Harm reduction providers receiving grants under this
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1 Act shall provide the following harm reduction services
2 directly or through subgrants to other organizations:
3 (1) Provision of harm reduction supplies, including,
4 but not limited to, overdose reversal supplies, including
5 naloxone kits with 3 milligram and generic nasal
6 variations; substance test kits, including fentanyl test
7 strips and xylazine test strips; safer sex kits, including
8 condoms; sharps disposal and medication disposal kits;
9 wound care supplies; medication lock boxes; sterile water
10 and saline; ascorbic acid (vitamin C); nicotine cessation
11 therapies; food and beverages (including, snacks, protein
12 drinks, and water); supplies to promote sterile injection
13 and reduce infectious disease transmission through
14 injection drug use; safer smoking kits to reduce
15 infectious disease transmission; FDA-approved home testing
16 kits for viral hepatitis (such as, HBV and HCV) and HIV;
17 written educational materials on safer injection practices
18 and HIV and viral hepatitis and prevention, testing,
19 treatment, and care services; distribution mechanisms (for
20 example, bags for naloxone or safer sex kits, and metal
21 boxes or containers for holding naloxone) for harm
22 reduction supplies, including stock as otherwise described
23 and delineated on this list.
24 (2) Overdose reversal education and training services.
25 (3) Navigation services to ensure linkage to HIV and
26 viral hepatitis prevention, testing, treatment, and care
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1 services, including antiretroviral therapy for HCV and
2 HIV, pre-exposure prophylaxis (PEP), post-exposure
3 prophylaxis (PEP), prevention of mother to child
4 transmission, and partner services.
5 (4) Referral to hepatitis A and hepatitis B
6 vaccinations.
7 (5) Provision of education on HIV and viral hepatitis
8 prevention, testing, and referral to treatment services.
9 (6) Provision of information on local resources or
10 referrals for PEP, or both.
11 (f) Harm reduction providers receiving grants under this
12 Act may provide the following services directly or through
13 subgrants to other organizations:
14 (1) Contingency management services, in which tangible
15 incentives are given to participants contingent on
16 evidence of change in a specific, incentivized behavior
17 such as abstinence from a particular drug.
18 (2) Services to promote hygiene and other basic needs,
19 including, but not limited to, mobile showers and clothing
20 distribution.
21 (3) Other services necessary to promote harm
22 reduction, as determined by the harm reduction provider
23 and approved by the Department.
24 (g) Harm reduction providers receiving grants under this
25 Act may utilize funds for the following activities, subject to
26 approval by the Department:
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1 (1) compensation and fringe benefits for harm
2 reduction staff and supervisors;
3 (2) research and evaluation;
4 (3) community outreach and education; and
5 (4) building capacity in the harm reduction field.
6 (h) Grant funds may be used for capital expenses, subject
7 to approval by the Department.
8 (i) Harm reduction providers receiving grants under this
9 Act shall ensure that services are accessible to individuals
10 with disabilities and to individuals with limited English
11 proficiency. Harm reduction providers receiving grants under
12 this Act shall not deny services to individuals on the basis of
13 immigration status or gender identity.
14 (j) Unless otherwise provided by law, a harm reduction
15 provider receiving a grant under this Act shall not be
16 compelled to produce any documentation related to confidential
17 disclosures made by an eligible participant to that harm
18 reduction provider, and shall not be compelled to testify
19 regarding confidential disclosures made by such eligible
20 participant, in any criminal proceeding, if the sole purpose
21 for such documentation or testimony is related to an eligible
22 participant's drug use or other related activity.
23 (k) The Department shall encourage harm reduction
24 providers receiving grants under this Act to employ
25 individuals with lived experience.
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1 Article 4. Administrative Oversight
2 Section 4-5. Chief Harm Reduction Officer. This Article
3 establishes a Chief Harm Reduction Officer. The Officer shall
4 lead the State's comprehensive, interagency effort to ensure
5 that harm reduction services are available statewide, that the
6 State-supported system respects the dignity of people who use
7 drugs, and that investments in harm reduction services are
8 sustained and strategic. The Officer shall serve as a
9 policymaker and spokesperson on harm reduction, including
10 coordinating the interagency effort through legislation,
11 rules, and budgets; ensuring inclusion of people with lived
12 and living experience in policymaking; communicating with the
13 General Assembly and federal and local leaders on these
14 critical issues; and coordinating with harm reduction
15 providers and other community-based organizations. The Chief
16 Harm Reduction Officer shall be under the jurisdiction of the
17 Department.
18 Section 4-10. Department of Public Health administering
19 harm reduction programming and funding. Unless otherwise
20 indicated in this Act or in other Acts, harm reduction
21 programming and funding shall be administered by the
22 Department.
23 Article 5. Training, Technical Assistance, and Education
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1 Section 5-5. Role of harm reduction providers.
2 Organizations or agencies that do not meet the definition of
3 harm reduction provider must subcontract with a harm reduction
4 provider to meet any requirements for harm reduction
5 programming, training, education, or technical assistance
6 established under this Act.
7 Section 5-10. Local government training. Subject to
8 availability of funding, the Department and the Harm Reduction
9 Program Board shall establish a program to provide
10 comprehensive education and training for local government
11 agencies, including law enforcement and court stakeholders,
12 about this Act and the Overdose Prevention and Harm Reduction
13 Act, with a focus on ensuring compliance with laws that
14 provide immunity for participants, harm reduction providers,
15 and harm reduction staff and volunteers.
16 Section 5-15. The Department of Professional Regulation
17 Law of the Civil Administrative Code of Illinois is amended by
18 adding Section 2105-372 as follows:
19 (20 ILCS 2105/2105-372 new)
20 Sec. 2105-372. Continuing education; harm reduction.
21 (a) As used in this Section:
22 "Harm reduction" means a philosophical framework and set
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1 of strategies designed to reduce harm and promote dignity and
2 well-being among persons and communities who engage in
3 substance use.
4 "Health care professional" means a person licensed or
5 registered by the Department under the following Acts: the
6 Medical Practice Act of 1987, the Nurse Practice Act, the
7 Clinical Psychologist Licensing Act, the Illinois Optometric
8 Practice Act of 1987, the Illinois Physical Therapy Act, the
9 Pharmacy Practice Act, the Physician Assistant Practice Act of
10 1987, the Clinical Social Work and Social Work Practice Act,
11 the Nursing Home Administrators Licensing and Disciplinary
12 Act, the Illinois Occupational Therapy Practice Act, the
13 Podiatric Medical Practice Act of 1987, the Respiratory Care
14 Practice Act, the Professional Counselor and Clinical
15 Professional Counselor Licensing and Practice Act, the
16 Illinois Speech-Language Pathology and Audiology Practice Act,
17 the Illinois Dental Practice Act, or the Behavior Analyst
18 Licensing Act.
19 (b) For health care professional license or registration
20 renewals occurring on or after January 1, 2027, a health care
21 professional who has continuing education requirements must
22 complete at least a one-hour course or training on harm
23 reduction. A health care professional may count this one hour
24 for completion of this course toward meeting the minimum
25 credit hours required for continuing education.
26 (c) Any course or training offered to meet the
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1 requirements of this Section must be designed by or delivered
2 by a harm reduction provider or harm reduction professional.
3 (d) The Department may adopt rules for the implementation
4 of this Section.
5 Article 6. Place-Based Approach to Harm Reduction
6 Section 6-5. Intent; purpose. This Article creates a
7 place-based approach to expand harm reduction education and
8 training, community engagement, mobile outreach, and
9 medication-assisted treatment in the communities with the
10 highest levels of overdoses and greatest unmet need for harm
11 reduction services.
12 Section 6-10. Pilot.
13 (a) Subject to availability of funding, the Department
14 shall make grants to one harm reduction provider in a
15 community in each Department region to coordinate a
16 place-based approach to harm reduction.
17 (b) Harm reduction providers receiving grants under this
18 Article shall provide the following services directly, through
19 subgrants to other organizations, or in coordination with
20 organizations receiving funding from other sources:
21 (1) Community education and engagement on harm
22 reduction.
23 (2) Mobile outreach to the populations at highest risk
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1 of overdose.
2 (3) Provision of or referral to medication-assisted
3 treatment.
4 (c) Harm reduction providers receiving grants under this
5 Article may provide other services as necessary to expand harm
6 reduction and prevent overdose in the community, either
7 directly, through subgrants to other organizations, or in
8 coordination with organizations receiving funding from other
9 sources, as determined by the harm reduction provider and
10 approved by the Department.
11 (d) The harm reduction provider shall provide training and
12 technical assistance on harm reduction to subgrantees and
13 other collaborating organizations.
14 (e) Harm reduction providers receiving grants under this
15 Article and collaborating organizations are prohibited from
16 sharing information about participants with law enforcement
17 and from undertaking activities to increase arrest or
18 prosecution for drug-related offenses or of people who use
19 drugs.
20 Section 6-15. Community selection. The Department shall
21 determine communities for the pilot by considering the
22 following factors:
23 (1) community population and poverty level;
24 (2) the geographic size of a community;
25 (3) the number of fatal and nonfatal overdoses in the
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1 community;
2 (4) recent trends in the number of overdoses in the
3 community;
4 (5) the number of harm reduction providers in the
5 community; and
6 (6) how many people are served by harm reduction
7 providers in the community.
8 Article 7. Correctional Facilities
9 Section 7-5. Incarceration; naloxone. Naloxone shall be
10 made readily available to all correctional staff, health care
11 staff, other staff, and incarcerated individuals in all
12 prisons and jails, subject to the availability of funding to
13 support the prison or jail in obtaining a supply of naloxone.
14 Section 7-10. The Counties Code is amended by adding
15 Section 3-6043 as follows:
16 (55 ILCS 5/3-6043 new)
17 Sec. 3-6043. Release; naloxone. Upon the release of a
18 prisoner from a correctional institution, the sheriff shall
19 provide the prisoner with naloxone and a referral to a harm
20 reduction provider.
21 Section 7-15. The Unified Code of Corrections is amended
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1 by changing Section 3-14-1 as follows:
2 (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
3 Sec. 3-14-1. Release from the institution.
4 (a) Upon release of a person on parole, mandatory release,
5 final discharge, or pardon, the Department shall return all
6 property held for him, provide him with suitable clothing and
7 procure necessary transportation for him to his designated
8 place of residence and employment. It may provide such person
9 with a grant of money for travel and expenses which may be paid
10 in installments. The amount of the money grant shall be
11 determined by the Department.
12 (a-1) The Department shall, before a wrongfully imprisoned
13 person, as defined in Section 3-1-2 of this Code, is
14 discharged from the Department, provide him or her with any
15 documents necessary after discharge.
16 (a-2) The Department of Corrections may establish and
17 maintain, in any institution it administers, revolving funds
18 to be known as "Travel and Allowances Revolving Funds". These
19 revolving funds shall be used for advancing travel and expense
20 allowances to committed, paroled, and discharged prisoners.
21 The moneys paid into such revolving funds shall be from
22 appropriations to the Department for Committed, Paroled, and
23 Discharged Prisoners.
24 (a-3) Upon release of a person who is eligible to vote on
25 parole, mandatory release, final discharge, or pardon, the
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1 Department shall provide the person with a form that informs
2 him or her that his or her voting rights have been restored and
3 a voter registration application. The Department shall have
4 available voter registration applications in the languages
5 provided by the Illinois State Board of Elections. The form
6 that informs the person that his or her rights have been
7 restored shall include the following information:
8 (1) All voting rights are restored upon release from
9 the Department's custody.
10 (2) A person who is eligible to vote must register in
11 order to be able to vote.
12 The Department of Corrections shall confirm that the
13 person received the voter registration application and has
14 been informed that his or her voting rights have been
15 restored.
16 (a-4) Prior to release of a person on parole, mandatory
17 supervised release, final discharge, or pardon, the Department
18 shall screen every person for Medicaid eligibility. Officials
19 of the correctional institution or facility where the
20 committed person is assigned shall assist an eligible person
21 to complete a Medicaid application to ensure that the person
22 begins receiving benefits as soon as possible after his or her
23 release. The application must include the eligible person's
24 address associated with his or her residence upon release from
25 the facility. If the residence is temporary, the eligible
26 person must notify the Department of Human Services of his or
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1 her change in address upon transition to permanent housing.
2 (b) (Blank).
3 (c) Except as otherwise provided in this Code, the
4 Department shall establish procedures to provide written
5 notification of any release of any person who has been
6 convicted of a felony to the State's Attorney and sheriff of
7 the county from which the offender was committed, and the
8 State's Attorney and sheriff of the county into which the
9 offender is to be paroled or released. Except as otherwise
10 provided in this Code, the Department shall establish
11 procedures to provide written notification to the proper law
12 enforcement agency for any municipality of any release of any
13 person who has been convicted of a felony if the arrest of the
14 offender or the commission of the offense took place in the
15 municipality, if the offender is to be paroled or released
16 into the municipality, or if the offender resided in the
17 municipality at the time of the commission of the offense. If a
18 person convicted of a felony who is in the custody of the
19 Department of Corrections or on parole or mandatory supervised
20 release informs the Department that he or she has resided,
21 resides, or will reside at an address that is a housing
22 facility owned, managed, operated, or leased by a public
23 housing agency, the Department must send written notification
24 of that information to the public housing agency that owns,
25 manages, operates, or leases the housing facility. The written
26 notification shall, when possible, be given at least 14 days
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1 before release of the person from custody, or as soon
2 thereafter as possible. The written notification shall be
3 provided electronically if the State's Attorney, sheriff,
4 proper law enforcement agency, or public housing agency has
5 provided the Department with an accurate and up to date email
6 address.
7 (c-1) (Blank).
8 (c-2) The Department shall establish procedures to provide
9 notice to the Illinois State Police of the release or
10 discharge of persons convicted of violations of the
11 Methamphetamine Control and Community Protection Act or a
12 violation of the Methamphetamine Precursor Control Act. The
13 Illinois State Police shall make this information available to
14 local, State, or federal law enforcement agencies upon
15 request.
16 (c-5) If a person on parole or mandatory supervised
17 release becomes a resident of a facility licensed or regulated
18 by the Department of Public Health, the Illinois Department of
19 Public Aid, or the Illinois Department of Human Services, the
20 Department of Corrections shall provide copies of the
21 following information to the appropriate licensing or
22 regulating Department and the licensed or regulated facility
23 where the person becomes a resident:
24 (1) The mittimus and any pre-sentence investigation
25 reports.
26 (2) The social evaluation prepared pursuant to Section
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1 3-8-2.
2 (3) Any pre-release evaluation conducted pursuant to
3 subsection (j) of Section 3-6-2.
4 (4) Reports of disciplinary infractions and
5 dispositions.
6 (5) Any parole plan, including orders issued by the
7 Prisoner Review Board, and any violation reports and
8 dispositions.
9 (6) The name and contact information for the assigned
10 parole agent and parole supervisor.
11 This information shall be provided within 3 days of the
12 person becoming a resident of the facility.
13 (c-10) If a person on parole or mandatory supervised
14 release becomes a resident of a facility licensed or regulated
15 by the Department of Public Health, the Illinois Department of
16 Public Aid, or the Illinois Department of Human Services, the
17 Department of Corrections shall provide written notification
18 of such residence to the following:
19 (1) The Prisoner Review Board.
20 (2) The chief of police and sheriff in the
21 municipality and county in which the licensed facility is
22 located.
23 The notification shall be provided within 3 days of the
24 person becoming a resident of the facility.
25 (d) Upon the release of a committed person on parole,
26 mandatory supervised release, final discharge, or pardon, the
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1 Department shall provide such person with information
2 concerning programs and services of the Illinois Department of
3 Public Health to ascertain whether such person has been
4 exposed to the human immunodeficiency virus (HIV) or any
5 identified causative agent of Acquired Immunodeficiency
6 Syndrome (AIDS).
7 (d-5) Upon the release of a committed person from a
8 correctional institution or facility, the Department shall
9 provide the committed person with naloxone and a referral to a
10 harm reduction provider.
11 (e) Upon the release of a committed person on parole,
12 mandatory supervised release, final discharge, pardon, or who
13 has been wrongfully imprisoned, the Department shall verify
14 the released person's full name, date of birth, and social
15 security number. If verification is made by the Department by
16 obtaining a certified copy of the released person's birth
17 certificate and the released person's social security card or
18 other documents authorized by the Secretary, the Department
19 shall provide the birth certificate and social security card
20 or other documents authorized by the Secretary to the released
21 person. If verification by the Department is done by means
22 other than obtaining a certified copy of the released person's
23 birth certificate and the released person's social security
24 card or other documents authorized by the Secretary, the
25 Department shall complete a verification form, prescribed by
26 the Secretary of State, and shall provide that verification
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1 form to the released person.
2 (f) Forty-five days prior to the scheduled discharge of a
3 person committed to the custody of the Department of
4 Corrections, the Department shall give the person:
5 (1) who is otherwise uninsured an opportunity to apply
6 for health care coverage including medical assistance
7 under Article V of the Illinois Public Aid Code in
8 accordance with subsection (b) of Section 1-8.5 of the
9 Illinois Public Aid Code, and the Department of
10 Corrections shall provide assistance with completion of
11 the application for health care coverage including medical
12 assistance;
13 (2) information about obtaining a standard Illinois
14 Identification Card or a limited-term Illinois
15 Identification Card under Section 4 of the Illinois
16 Identification Card Act if the person has not been issued
17 an Illinois Identification Card under subsection (a-20) of
18 Section 4 of the Illinois Identification Card Act;
19 (3) information about voter registration and may
20 distribute information prepared by the State Board of
21 Elections. The Department of Corrections may enter into an
22 interagency contract with the State Board of Elections to
23 participate in the automatic voter registration program
24 and be a designated automatic voter registration agency
25 under Section 1A-16.2 of the Election Code;
26 (4) information about job listings upon discharge from
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1 the correctional institution or facility;
2 (5) information about available housing upon discharge
3 from the correctional institution or facility;
4 (6) a directory of elected State officials and of
5 officials elected in the county and municipality, if any,
6 in which the committed person intends to reside upon
7 discharge from the correctional institution or facility;
8 and
9 (7) any other information that the Department of
10 Corrections deems necessary to provide the committed
11 person in order for the committed person to reenter the
12 community and avoid recidivism.
13 (g) Sixty days before the scheduled discharge of a person
14 committed to the custody of the Department or upon receipt of
15 the person's certified birth certificate and social security
16 card as set forth in subsection (d) of Section 3-8-1 of this
17 Act, whichever occurs later, the Department shall transmit an
18 application for an Identification Card to the Secretary of
19 State, in accordance with subsection (a-20) of Section 4 of
20 the Illinois Identification Card Act.
21 The Department may adopt rules to implement this Section.
22 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
23 102-606, eff. 1-1-22; 102-813, eff. 5-13-22; 103-345, eff.
24 1-1-24.)
25 Section 7-20. The County Jail Act is amended by adding
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1 Sections 19.7 and 19.9 as follows:
2 (730 ILCS 125/19.7 new)
3 Sec. 19.7. Release; naloxone. Upon the release of a
4 prisoner from a jail, the warden shall provide the prisoner
5 with naloxone, subject to the availability of funding to
6 support the jail in obtaining a supply of naloxone, and a
7 referral to a harm reduction provider.
8 (730 ILCS 125/19.9 new)
9 Sec. 19.9. Medication for opioid use disorder.
10 (a) In this Section:
11 "Clinically indicated" means a medical procedure or
12 treatment is based upon the treatment provider's medical
13 judgment in accordance with the current generally accepted
14 standards of care.
15 "Medication-assisted treatment" means the use of U.S. Food
16 and Drug Administration-approved medications, in combination
17 with counseling and behavioral therapies, to provide a whole
18 patient approach to the treatment of substance use disorders.
19 "Medications for opioid use disorder" means the use of
20 U.S. Food and Drug Administration-approved medications to
21 treat substance use disorders.
22 (b) Within 24 hours of admission to a jail, each detained
23 person shall be screened for substance use disorders as part
24 of an initial and ongoing substance use screening and
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1 assessment process. This process includes screening and
2 assessment for opioid use disorders.
3 (c) A detained person who is admitted to a jail while under
4 the medical care of a licensed physician, a licensed physician
5 assistant, or a licensed nurse practitioner and who is taking
6 medication at the time of admission in accordance with a valid
7 prescription as verified by the individual's pharmacy of
8 record, primary care provider, other licensed care provider,
9 or a prescription monitoring or information system, shall have
10 that medication continued and provided by the jail pending an
11 evaluation by a licensed physician, a licensed physician
12 assistant, or a licensed nurse practitioner and subject to the
13 treatment provider's medical judgment. The jail may defer
14 provision of a validly prescribed medication in accordance
15 with this subsection if, in the judgment of a licensed
16 physician, a licensed physician assistant, or a licensed nurse
17 practitioner, continuation of the medication is no longer
18 clinically indicated.
19 A detained person who is admitted to a jail while under the
20 medical care of a licensed physician, a licensed physician
21 assistant, or a licensed nurse practitioner and who is taking
22 medication for an opioid use disorder or participating in
23 medication-assisted treatment at the time of admission in
24 accordance with a valid prescription as verified by the
25 individual's pharmacy of record, primary care provider, other
26 licensed care provider, or a prescription monitoring or
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1 information system, shall have the detained person's
2 medication continued and provided by the jail pending an
3 evaluation by a licensed physician, a licensed physician
4 assistant, or a licensed nurse practitioner and subject to the
5 treatment provider's medical judgment. The jail may defer
6 provision of a validly prescribed medication in accordance
7 with this subsection if, in the judgment of a licensed
8 physician, a licensed physician assistant, or a licensed nurse
9 practitioner, continuation of the medication is no longer
10 clinically indicated. An individual participating in a
11 medication-assisted treatment program may have counseling and
12 behavioral therapies continued to the extent possible.
13 If at any time a detained person screens positive as
14 having or being at risk for an opioid use disorder, is
15 diagnosed with an opioid use disorder or is exhibiting
16 symptoms of withdrawal from an opioid use disorder, and
17 medication-assisted treatment is clinically indicated by a
18 licensed physician, a licensed physician assistant, or a
19 licensed nurse practitioner, then the individual may consent
20 to commence medications for opioid use disorder, which shall
21 be provided by the jail. The detained person shall be
22 authorized to receive the medication immediately and for as
23 long as clinically indicated.
24 (d) The licensed practitioner who makes the clinical
25 judgment to discontinue the use of medication shall enter the
26 reason for the discontinuance to be entered into the detained
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1 person's medical record, specifically stating the reason for
2 discontinuance. The individual shall be provided, both orally
3 and in writing, with a specific explanation of the decision to
4 discontinue the medication.
5 (e) As part of the reentry planning, the jail shall
6 commence medications for opioid use disorder prior to an
7 individual's release if:
8 (1) the individual screens positive as having an
9 opioid use disorder, being at risk for an opioid use
10 disorder, or exhibiting symptoms of withdrawal from an
11 opioid use disorder;
12 (2) medication-assisted treatment is clinically
13 indicated by a licensed physician, a licensed physician
14 assistant, or a licensed nurse practitioner; and
15 (3) the individual consents to commence medications
16 for opioid use disorder.
17 Upon reentry, the jail shall provide an individual
18 participating in medication-assisted treatment with a referral
19 to a provider in the community who may assist the individual
20 with continued medications for opioid use disorder and
21 medication-assisted treatment care.
22 Article 8. Health Care Facilities
23 Section 8-5. Medication for opioid use disorder. All acute
24 care hospitals that provide emergency services in an emergency
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1 department, all satellite emergency facilities, and all
2 inpatient behavioral health treatment providers shall
3 maintain, as part of their services, protocols and capacity to
4 provide appropriate, evidence-based interventions prior to
5 discharge that reduce the risk of subsequent harm and fatality
6 following an opioid-related overdose, including, but not
7 limited to, institutional protocols and capacity to possess,
8 dispense, administer, and prescribe all FDA-approved forms of
9 medication for opioid use disorder. Such treatment shall be
10 offered to all patients who present in an acute care hospital
11 emergency department, a satellite emergency facility, or
12 inpatient behavioral health treatment provider for care and
13 treatment of an opioid-related overdose or opioid use
14 disorder; if that treatment shall only occur when it is
15 recommended by the treating healthcare provider and is
16 voluntarily agreed to by the patient. Acute care hospitals
17 that provide emergency services in an emergency department,
18 satellite emergency facilities, and inpatient behavioral
19 health treatment providers shall demonstrate compliance with
20 applicable training and waiver requirements established by the
21 federal Drug Enforcement Agency and the federal Substance
22 Abuse and Mental Health Services Administration relative to
23 prescribing medication for opioid use disorder. Prior to
24 discharge, any patient who is administered or prescribed
25 medication for opioid use disorder in an acute care hospital
26 emergency department, satellite emergency facility, or
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1 inpatient behavioral health treatment provider shall be
2 directly connected to an appropriate provider or treatment
3 site to voluntarily continue the treatment.
4 Section 8-10. Patient discharge and education on naloxone;
5 provider referral. Upon discharge of a patient from an acute
6 care hospital, satellite emergency facility, or inpatient
7 behavioral health treatment provider who has: (i) a history of
8 or is actively using opioids or other illicit drugs; (ii) been
9 diagnosed with opioid use disorder; or (iii) experienced an
10 opioid-related overdose, the acute care hospital, satellite
11 emergency facility, or inpatient behavioral health treatment
12 provider shall educate the patient on the use of naloxone,
13 dispense not less than 2 doses of naloxone to the patient or a
14 legal guardian of the patient, and directly connect the
15 patient to a harm reduction provider.
16 Section 8-15. Rulemaking. The Department may adopt rules
17 for the implementation of this Article.
18 Section 8-20. The Hospital Licensing Act is amended by
19 adding Section 17 as follows:
20 (210 ILCS 85/17 new)
21 Sec. 17. Fentanyl testing.
22 (a) If an individual is treated at a hospital and the
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1 hospital conducts a urine drug screening to assist in
2 diagnosing the individual's condition, the hospital shall
3 include testing for fentanyl in the individual's urine
4 screening.
5 (b) If the urine drug screening conducted in accordance
6 with subsection (a) detects fentanyl, the hospital shall
7 report the test results, which shall be deidentified, to the
8 Department through the State-designated health information
9 exchange.
10 (c) This Section does not apply to a hospital that does not
11 have chemical analyzer equipment.
12 (d) This Section does not affect any State law providing
13 civil or criminal immunity to an individual who is in need of
14 medical assistance after ingesting or using alcohol or drugs,
15 or to an individual who, in good faith, assists another
16 individual who is in need of medical assistance after
17 ingesting or using alcohol or drugs.
18 Article 9. Housing
19 Section 9-5. Low barrier housing. Community-based service
20 providers that are funded or regulated by the State to offer
21 shelter, recovery homes, housing, or housing vouchers shall
22 adopt a low barrier approach that prioritizes provision of
23 stable housing before addressing other social needs and
24 incorporates the following requirements:
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1 (1) Applicants may not be rejected and residents may
2 not be evicted solely based on abstinence-only or sobriety
3 requirements. Behaviors while intoxicated that violate the
4 terms of residency may be grounds for rejection of an
5 applicant for housing or eviction of a resident.
6 (2) Discrimination against applicants solely on the
7 basis of criminal records, records of arrests, charges, or
8 convictions on drug-related offenses is prohibited.
9 These requirements do not apply to operators or owners of
10 rental housing on the private market.
11 Section 9-10. Housing evictions based on opioid use
12 disorder treatment. All operators or owners of housing are
13 prohibited from rejecting applicants or evicting residents
14 because they are receiving medication for opioid use disorder
15 or other forms of medication-assisted treatment.
16 Section 9-15. Federal requirements. Nothing in this
17 Article shall be construed to prohibit a housing provider from
18 complying with federal laws or regulations if housing is
19 provided using both federal and State funding.
20 Article 10. Home Rule Preemption
21 Section 10-5. Home rule preemption.
22 (a) A home rule unit may not prohibit the establishment or
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1 operation of any harm reduction activities as provided in this
2 Act.
3 (b) A municipality may not adopt zoning regulations for
4 the sole purpose of prohibiting the establishment or operation
5 of any harm reduction activities as provided in this Act.
6 (c) This Section is a denial and limitation of home rule
7 powers and functions under subsection (g) of Section 6 of
8 Article VII of the Illinois Constitution.
9 Section 10-10. The Overdose Prevention and Harm Reduction
10 Act is amended by adding Section 20 as follows:
11 (410 ILCS 710/20 new)
12 Sec. 20. Home rule preemption. A home rule unit may not
13 prohibit the establishment or operation of a needle and
14 hypodermic syringe access program as provided in this Act.
15 This Section is a denial and limitation of home rule powers and
16 functions under subsection (g) of Section 6 of Article VII of
17 the Illinois Constitution.
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