Bill Amendment: IL SB0010 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: DHS-DRUG OVERDOSE PREVENTION

Status: 2016-06-30 - Public Act . . . . . . . . . 99-0519 [SB0010 Detail]

Download: Illinois-2015-SB0010-Senate_Amendment_001.html

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Sen. Donne E. Trotter

Filed: 3/2/2015

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AMENDMENT TO SENATE BILL 10
AMENDMENT NO. ______. Amend Senate Bill 10 by replacing
everything after the enacting clause with the following:
"Section 5. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Section 5-23 as follows:
(20 ILCS 301/5-23)
Sec. 5-23. Drug Overdose Prevention Program.
(a) Reports of drug overdose.
(1) The Director of the Division of Alcoholism and
Substance Abuse may publish annually a report on drug
overdose trends statewide that reviews State death rates
from available data to ascertain changes in the causes or
rates of fatal and nonfatal drug overdose for the preceding
period of not less than 5 years. The report shall also
provide information on interventions that would be
effective in reducing the rate of fatal or nonfatal drug

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overdose.
(2) The report may include:
(A) Trends in drug overdose death rates.
(B) Trends in emergency room utilization related
to drug overdose and the cost impact of emergency room
utilization.
(C) Trends in utilization of pre-hospital and
emergency services and the cost impact of emergency
services utilization.
(D) Suggested improvements in data collection.
(E) A description of other interventions effective
in reducing the rate of fatal or nonfatal drug
overdose.
(b) Programs; drug overdose prevention.
(1) The Director may establish a program to provide for
the production and publication, in electronic and other
formats, of drug overdose prevention, recognition, and
response literature. The Director may develop and
disseminate curricula for use by professionals,
organizations, individuals, or committees interested in
the prevention of fatal and nonfatal drug overdose,
including, but not limited to, drug users, jail and prison
personnel, jail and prison inmates, drug treatment
professionals, emergency medical personnel, hospital
staff, families and associates of drug users, peace
officers, firefighters, public safety officers, needle

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exchange program staff, and other persons. In addition to
information regarding drug overdose prevention,
recognition, and response, literature produced by the
Department shall stress that drug use remains illegal and
highly dangerous and that complete abstinence from illegal
drug use is the healthiest choice. The literature shall
provide information and resources for substance abuse
treatment.
The Director may establish or authorize programs for
prescribing, dispensing, or distributing naloxone
hydrochloride or any other similarly acting and equally
safe drug approved by the U.S. Food and Drug Administration
for the treatment of drug overdose. Such programs may
include the prescribing of naloxone hydrochloride or any
other similarly acting and equally safe drug approved by
the U.S. Food and Drug Administration for the treatment of
drug overdose to and education about administration by
individuals who are not personally at risk of opioid
overdose.
(2) The Director may provide advice to State and local
officials on the growing drug overdose crisis, including
the prevalence of drug overdose incidents, trends in drug
overdose incidents, and solutions to the drug overdose
crisis.
(c) Grants.
(1) The Director may award grants, in accordance with

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this subsection, to create or support local drug overdose
prevention, recognition, and response projects. Local
health departments, correctional institutions, hospitals,
universities, community-based organizations, and
faith-based organizations may apply to the Department for a
grant under this subsection at the time and in the manner
the Director prescribes.
(2) In awarding grants, the Director shall consider the
necessity for overdose prevention projects in various
settings and shall encourage all grant applicants to
develop interventions that will be effective and viable in
their local areas.
(3) The Director shall give preference for grants to
proposals that, in addition to providing life-saving
interventions and responses, provide information to drug
users on how to access drug treatment or other strategies
for abstaining from illegal drugs. The Director shall give
preference to proposals that include one or more of the
following elements:
(A) Policies and projects to encourage persons,
including drug users, to call 911 when they witness a
potentially fatal drug overdose.
(B) Drug overdose prevention, recognition, and
response education projects in drug treatment centers,
outreach programs, and other organizations that work
with, or have access to, drug users and their families

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and communities.
(C) Drug overdose recognition and response
training, including rescue breathing, in drug
treatment centers and for other organizations that
work with, or have access to, drug users and their
families and communities.
(D) The production and distribution of targeted or
mass media materials on drug overdose prevention and
response.
(E) Prescription and distribution of naloxone
hydrochloride or any other similarly acting and
equally safe drug approved by the U.S. Food and Drug
Administration for the treatment of drug overdose.
(F) The institution of education and training
projects on drug overdose response and treatment for
emergency services and law enforcement personnel.
(G) A system of parent, family, and survivor
education and mutual support groups.
(4) In addition to moneys appropriated by the General
Assembly, the Director may seek grants from private
foundations, the federal government, and other sources to
fund the grants under this Section and to fund an
evaluation of the programs supported by the grants.
(d) Health care professional prescription of drug overdose
treatment medication.
(1) A health care professional who, acting in good

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faith, directly or by standing order, prescribes or
dispenses an opioid antidote to a patient who, in the
judgment of the health care professional, is capable of
administering the drug in an emergency, shall not, as a
result of his or her acts or omissions, be subject to
disciplinary or other adverse action under the Medical
Practice Act of 1987, the Physician Assistant Practice Act
of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
or any other professional licensing statute.
(2) A person, including, but not limited to, a State
Police Officer, a law enforcement officer of a local
government agency, fire protection personnel, and a fire
fighter, who is not otherwise licensed to administer an
opioid antidote may in an emergency administer without fee
an opioid antidote if the person has received the same
information that patients receive, as specified under the
definition of patient information specified in paragraph
(4) of this subsection, or the person has received training
in the administration of opioid antidotes, and believes in
good faith that another person is experiencing a drug
overdose. The person shall not, as a result of his or her
acts or omissions, be liable for any violation of the
Medical Practice Act of 1987, the Physician Assistant
Practice Act of 1987, the Nurse Practice Act, the Pharmacy
Practice Act, or any other professional licensing statute,
or subject to any criminal prosecution arising from or

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related to the unauthorized practice of medicine or the
possession of an opioid antidote.
(3) A health care professional prescribing an opioid
antidote to a patient shall ensure that the patient
receives the patient information specified in paragraph
(4) of this subsection. Patient information may be provided
by the health care professional or a community-based
organization, substance abuse program, or other
organization with which the health care professional
establishes a written agreement that includes a
description of how the organization will provide patient
information, how employees or volunteers providing
information will be trained, and standards for documenting
the provision of patient information to patients.
Provision of patient information shall be documented in the
patient's medical record or through similar means as
determined by agreement between the health care
professional and the organization. The Director of the
Division of Alcoholism and Substance Abuse, in
consultation with statewide organizations representing
physicians, advanced practice nurses, physician
assistants, substance abuse programs, and other interested
groups, shall develop and disseminate to health care
professionals, community-based organizations, substance
abuse programs, and other organizations training materials
in video, electronic, or other formats to facilitate the

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provision of such patient information.
(4) For the purposes of this subsection:
"Fire protection personnel" and "fire fighter" have
the meanings ascribed to those terms in Section 2 of the
Illinois Fire Protection Training Act.
"Law enforcement officer" and "local government
agency" have the meanings ascribed to those terms in
Section 2 of the Illinois Police Training Act.
"Opioid antidote" means naloxone hydrochloride or any
other similarly acting and equally safe drug approved by
the U.S. Food and Drug Administration for the treatment of
drug overdose.
"Health care professional" means a physician licensed
to practice medicine in all its branches, a physician
assistant who has been delegated the prescription or
dispensation of an opioid antidote by his or her
supervising physician, an advanced practice registered
nurse who has a written collaborative agreement with a
collaborating physician that authorizes the prescription
or dispensation of an opioid antidote, or an advanced
practice nurse who practices in a hospital or ambulatory
surgical treatment center and possesses appropriate
clinical privileges in accordance with the Nurse Practice
Act.
"Patient" includes a person who is not at risk of
opioid overdose but who, in the judgment of the physician,

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may be in a position to assist another individual during an
overdose and who has received patient information as
required in paragraph (2) of this subsection on the
indications for and administration of an opioid antidote.
"Patient information" includes information provided to
the patient on drug overdose prevention and recognition;
how to perform rescue breathing and resuscitation; opioid
antidote dosage and administration; the importance of
calling 911; care for the overdose victim after
administration of the overdose antidote; and other issues
as necessary.
(Source: P.A. 96-361, eff. 1-1-10.)
Section 10. The State Police Act is amended by changing
Section 9 as follows:
(20 ILCS 2610/9) (from Ch. 121, par. 307.9)
Sec. 9. Appointment; qualifications.
(a) Except as otherwise provided in this Section, the
appointment of Department of State Police officers shall be
made from those applicants who have been certified by the Board
as being qualified for appointment. All persons so appointed
shall, at the time of their appointment, be not less than 21
years of age, or 20 years of age and have successfully
completed 2 years of law enforcement studies, including
training in the administration of opioid antidotes, as defined

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in paragraph (4) of subsection (d) of Section 5-23 of the
Alcoholism and Other Drug Abuse and Dependency Act, for use in
prehospital emergency medical care, at an accredited college or
university. Any person appointed subsequent to successful
completion of 2 years of such law enforcement studies shall not
have power of arrest, nor shall he be permitted to carry
firearms, until he reaches 21 years of age. In addition, all
persons so certified for appointment shall be of sound mind and
body, be of good moral character, be citizens of the United
States, have no criminal records, possess such prerequisites of
training, education and experience as the Board may from time
to time prescribe, and shall be required to pass successfully
such mental and physical tests and examinations as may be
prescribed by the Board. Notwithstanding any Board rule to the
contrary, all persons who either: (i) have been honorably
discharged and who have been awarded a Southwest Asia Service
Medal, Kosovo Campaign Medal, Korean Defense Service Medal,
Afghanistan Campaign Medal, Iraq Campaign Medal, or Global War
on Terrorism Expeditionary Medal by the United States Armed
Forces or (ii) are active members of the Illinois National
Guard or a reserve component of the United States Armed Forces
and who have been awarded a Southwest Asia Service Medal,
Kosovo Campaign Medal, Korean Defense Service Medal,
Afghanistan Campaign Medal, Iraq Campaign Medal, or Global War
on Terrorism Expeditionary Medal as a result of honorable
service during deployment on active duty, are deemed to have

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met the collegiate educational requirements. Preference shall
be given in such appointments to persons who have honorably
served in the military or naval services of the United States.
All appointees shall serve a probationary period of 12 months
from the date of appointment and during that period may be
discharged at the will of the Director. However, the Director
may in his or her sole discretion extend the probationary
period of an officer up to an additional 6 months when to do so
is deemed in the best interest of the Department.
(b) Notwithstanding the other provisions of this Act, after
July 1, 1977 and before July 1, 1980, the Director of State
Police may appoint and promote not more than 20 persons having
special qualifications as special agents as he deems necessary
to carry out the Department's objectives. Any such appointment
or promotion shall be ratified by the Board.
(c) During the 90 days following the effective date of this
amendatory Act of 1995, the Director of State Police may
appoint up to 25 persons as State Police officers. These
appointments shall be made in accordance with the requirements
of this subsection (c) and any additional criteria that may be
established by the Director, but are not subject to any other
requirements of this Act. The Director may specify the initial
rank for each person appointed under this subsection.
All appointments under this subsection (c) shall be made
from personnel certified by the Board. A person certified by
the Board and appointed by the Director under this subsection

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must have been employed by the Illinois Commerce Commission on
November 30, 1994 in a job title subject to the Personnel Code
and in a position for which the person was eligible to earn
"eligible creditable service" as a "noncovered employee", as
those terms are defined in Article 14 of the Illinois Pension
Code.
Persons appointed under this subsection (c) shall
thereafter be subject to the same requirements and procedures
as other State police officers. A person appointed under this
subsection must serve a probationary period of 12 months from
the date of appointment, during which he or she may be
discharged at the will of the Director.
This subsection (c) does not affect or limit the Director's
authority to appoint other State Police officers under
subsection (a) of this Section.
(Source: P.A. 97-640, eff. 12-19-11; 98-54, eff. 1-1-14.)
Section 15. The Illinois Police Training Act is amended by
adding Section 10.17 as follows:
(50 ILCS 705/10.17 new)
Sec. 10.17. Training; opioid antidotes. The Illinois Law
Enforcement Training Standards Board shall conduct or approve a
training program in opioid antidotes, as defined in paragraph
(4) of subsection (d) of Section 5-23 of the Alcoholism and
Other Drug Abuse and Dependency Act, use for law enforcement

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officers of local government agencies. The purpose of that
training shall be to equip law enforcement officers of local
government agencies to administer opioid antidotes for use in
prehospital emergency medical care.
Section 20. The Illinois Fire Protection Training Act is
amended by changing Section 8 as follows:
(50 ILCS 740/8) (from Ch. 85, par. 538)
Sec. 8. Rules and minimum standards for schools. The Office
shall adopt rules and minimum standards for such schools which
shall include but not be limited to the following:
a. Minimum courses of study, resources, facilities,
apparatus, equipment, reference material, established records
and procedures as determined by the Office.
b. Minimum requirements for instructors.
c. Minimum basic training requirements, which a trainee
must satisfactorily complete before being eligible for
permanent employment as a fire fighter in the fire department
of a participating local governmental agency. Those
requirements shall include, but are not limited to, training in
first aid (including cardiopulmonary resuscitation) and
training in the administration of opioid antidotes, as defined
in paragraph (4) of subsection (d) of Section 5-23 of the
Alcoholism and Other Drug Abuse and Dependency Act, for use in
prehospital emergency medical care.

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(Source: P.A. 88-661, eff. 1-1-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.".