Bill Amendment: IL HB2929 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: DHS-OVERDOSE PREVENTION SITES

Status: 2026-04-17 - House Floor Amendment No. 4 Rule 19(c) / Re-referred to Rules Committee [HB2929 Detail]

Download: Illinois-2025-HB2929-House_Amendment_004.html

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Rep. La Shawn K. Ford

Filed: 3/18/2026

 

 

 

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AMENDMENT TO HOUSE BILL 2929
AMENDMENT NO. ______. Amend House Bill 2929, AS AMENDED,
by replacing everything after the enacting clause with the
following:
"Section 5. The Substance Use Disorder Act is amended by
adding Section 5-26 as follows:
(20 ILCS 301/5-26 new)
Sec. 5-26. Pilot overdose prevention site.
(a) Legislative findings. The General Assembly finds the
following:
(1) Illinois is experiencing a growing overdose crisis.
According to the Centers for Disease Control and Prevention,
over 4,000 Illinoisans died from overdoses between January
2021 and January 2022, a 12.6% increase from the previous
year. Most of those preventable deaths involved opioids.
(2) A significant reason for the increase in deaths is a

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poisoned drug supply, with illicit fentanyl killing people
using street-bought substances. With the increasing use of
potent fentanyl in the illicit substance supply in Illinois,
more lives will continue to be lost.
(3) Nearly all witnessed opioid overdoses are reversible
with the provision of oxygen, naloxone, and other emergency
care. However, many people use drugs alone or use them with
people who do not have naloxone and are not trained in overdose
response.
(4) Overdose prevention sites can save lives. Overdose
prevention sites provide individuals with a safe, hygienic
space to consume pre-obtained drugs and access to other harm
reduction, treatment, recovery, and ancillary support
services.
(5) The goals of overdose prevention sites are:
(A) Saving lives by quickly providing emergency care
to persons experiencing an overdose.
(B) Reducing the spread of infectious diseases, such
as HIV and hepatitis.
(C) Reducing public injection of substances and
discarded syringes in surrounding areas.
(D) Linking those with substance use disorders to
behavioral and physical health supports.
(b) Definitions. As used in this Section:
"Entity" means (i) any community-based organization that
provides educational, health, harm reduction, housing, or

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social services and (ii) any hospital, medical clinic or
office, health center, community-based mental health center,
or other similar entity that provides medical care.
"Overdose prevention site" or "OPS" means a hygienic
location where individuals may safely consume pre-obtained
substances.
"Participant" means an individual who uses services
provided at an overdose prevention site established in
accordance with this Section.
(c) There is hereby established an advisory committee to
advise the Department with respect to the rules necessary to
effectuate the purposes of this Section. The advisory
committee shall be chaired by the Secretary of the Department,
or the Secretary's designee, and shall consist of 9 additional
members as follows:
(1) one member from the Illinois Opioid Remediation
Advisory Board, appointed by majority vote of that Board;
(2) one member representing a Chicago-based medical
society or association, appointed by the Department;
(3) one member representing a Chicago-based nonprofit
organization that provides addiction recovery services,
appointed by the Department;
(4) one member representing a statewide organization
that has expertise in addiction medicine, appointed by the
Department; and
(5) 5 members appointed by the Governor as follows:

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(A) one member with a substance use disorder;
(B) one member who works in overdose prevention;
(C) one member who is a current or former law
enforcement official;
(D) one member who is a representative of an
association representing local governments; and
(E) one member who has experienced a drug overdose
or has a family member who died from a drug overdose.
(d) The Department, in consultation with the advisory
committee, shall create an education program or designate a
nonprofit entity to administer an education program to run
concurrently with rulemaking. The education program shall be
made available to community stakeholders about overdose
prevention sites and the evidence regarding the benefits of
overdose prevention sites. The education program shall be made
available to local communities and public and private
entities, including, but not limited to, public safety
organizations, city and county representatives, social service
groups, school districts, faith communities, and businesses.
Such education shall include an opportunity to provide input
on preferred OPS locations and ways in which local law
enforcement and other entities can respond to potential issues
related to the establishment and maintenance of the pilot OPS.
(e) The Department, in consultation with the advisory
committee, shall adopt rules to authorize the establishment
and maintenance of a pilot OPS that shall operate one site in a

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municipality with a population greater than 2,000,000. The
first set of proposed rules must be complete and submitted for
consideration within 6 months after the effective date of this
amendatory Act of the 104th General Assembly. The rules must
include all of the following:
(1) Standards of operation at or above the minimum
standards as outlined in this subsection and in
subsections (f) and (g).
(2) Location for the pilot OPS that conforms with the
requirements under subsection (i). The exact location
shall be sufficiently identified by address, parcel
number, coordinates, or other clear identifying
information.
(3) Methods of data collection and community outreach
that conform with the requirements under subsection (j).
(4) Any other rules necessary for the proper
administration of this Section.
(f) The pilot OPS shall:
(1) provide a hygienic space where participants may
consume their pre-obtained substances;
(2) maintain a supply of naloxone and oxygen on-site,
together with the necessary equipment to administer
naloxone and oxygen;
(3) monitor participants for potential overdoses;
(4) employ staff trained to administer first aid to
participants who are experiencing an overdose;

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(5) provide sterile injection or other substance use
supplies, collect used hypodermic needles and syringes,
and provide secure hypodermic needle and syringe disposal
services in compliance with the Overdose Prevention and
Harm Reduction Act and any applicable rules adopted by the
Department of Public Health;
(6) provide safer smoking and snorting kits;
(7) provide naloxone;
(8) encourage drug checking or the use of fentanyl
test strips;
(9) provide education on safe consumption practices,
the proper disposal of hypodermic needles and syringes,
and overdose prevention;
(10) provide referrals to substance use disorder and
mental health treatment, medication-assisted treatment or
recovery, and other services that address social
determinants of health, including Housing First programs;
(11) offer a quiet and comfortable space for
participants to stay safely sheltered and supervised after
consuming substances; and
(12) train staff members and volunteers to deliver
services offered at the overdose prevention site, and
maintain an adequate staff of health care professionals or
other trained staff or volunteers. Trainings shall be
conducted and partnered with established harm reduction
professionals.

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(g) The pilot OPS shall have the following principles
published in training materials and on display at the OPS
location:
(1) Nothing About Us Without Us: This facility
requires transparency, community involvement, and direct
input by people who use substances.
(2) Equity: This facility provides equal support,
services, and resources to all participants and ensures
accessibility to the greatest extent possible.
(3) Harm Reduction: This facility prioritizes
individual dignity and autonomy in decision-making while
encouraging people to reduce high-risk behaviors.
(4) This facility affirms the humanity and dignity of
people who use substances and shall be operated in a way
that is safe, clean, inclusive, and welcoming to reduce
stigma and build trust.
(5) This facility prioritizes relationship-building
and trust among staff and participants in order to create
safe spaces and provide increased opportunities to connect
with additional services that promote health and
well-being.
(h) Staff at the pilot OPS must include necessary
professionals as well as members of the community who have
experienced a drug addiction or drug overdose or have lost a
family member to a drug overdose. The Department may not
prohibit persons with criminal records from frontline,

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management, or executive positions within entities that
operate the pilot OPS based solely on the existence of the
criminal record.
(i) Location. The Department shall determine at least 3
optional locations within a municipality with a population
greater than 2,000,000 for the pilot OPS. Location priority
shall be given to communities that have the highest number of
fatal and nonfatal overdoses as determined by the Department
and specifically target high-risk and socially marginalized
drug users. All proposed optional locations must have
municipal approval, and a final administrative decision for
the operation of no more than one facility shall be approved by
rule before the pilot OPS can begin operations.
(j) The Department shall establish a mechanism to collect
research and data regarding overdose prevention sites and
prepare a report for the General Assembly within 12 months
after the starting operation date of the pilot OPS. The
Department may identify collaborators across other Departments
and State universities to assist in data collection and
analysis. The report shall contain information on:
(1) The current research on the effectiveness of an
OPS as an overdose prevention strategy.
(2) OPS best practices for staffing, placement, and
activities.
(3) The benefits and challenges of different OPS
models, structures, and settings.

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(k) Limited immunity provided. Notwithstanding any
provision of the Illinois Controlled Substances Act, the Drug
Paraphernalia Control Act, the Methamphetamine Control and
Community Protection Act, or any other provision of law
prohibiting the possession of controlled substances,
methamphetamine, or drug paraphernalia, persons shall not be
arrested, charged, or prosecuted for any criminal offense or
violation of parole, mandatory supervised release, probation,
or conditional discharge, or be subject to any civil or
administrative penalty, including seizure or forfeiture of
assets or real property or disciplinary action by a
professional licensing board, or be denied any right or
privilege solely for the person's presence or activities
related to the creation, maintenance, or use of the pilot OPS.
(l) Reporting. The entity or entities operating the pilot
OPS shall, within the time frame specified by the Department,
submit a report to the Department that shall include:
(1) the number of participants who have received or
are receiving services at the overdose prevention site;
(2) aggregate information regarding the
characteristics of those participants reported under
paragraph (1);
(3) the number of hypodermic needles, syringes, and
harm reduction supplies distributed for use on-site;
(4) the number of participants directly and formally
referred to other services, the types of services, the

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number of participants who successfully engage in those
services, and, when possible, outcomes of substance use
treatment and recovery services.
In compiling the report required under this subsection,
the entity or entities operating the pilot OPS shall exclude
all personally identifiable information and adhere to all
federal regulations concerning the confidentiality of
substance use disorder patient records under Part 2,
Subchapter A, Chapter 1, Title 42 of the Code of Federal
Regulations as that Part existed on December 20, 2024.
(m) No later than 4 years after the beginning date of
operation of the pilot OPS, the Department shall submit a
report and recommendations to the General Assembly.
(n) This Section is repealed 5 years after the beginning
date of operation of the pilot OPS.
Section 99. Effective date. This Act takes effect upon
becoming law.".