Bill Text: IL HB0110 | 2021-2022 | 102nd General Assembly | Engrossed

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Bill Title: Amends the Substance Use Disorder Act. Permits the Department of Human Services to approve an entity to operate a safe consumption and overdose prevention services program (program). Requires the Department to establish standards for program approval and training and to adopt any rules that are necessary to license and monitor the program. Sets forth the minimum requirements that an entity must meet to obtain an approval on its application to operate a program. Requires any entity that operates a program to submit a report to the Department that contains specific information, including the number of program participants; the number of hypodermic needles, syringes, and harm reduction supplies distributed for use on-site; and the number of ancillary services provided to family members and the public, including, but not limited to, social service referrals and educational services. Grants immunity from criminal and civil liability to specified persons who participate in or have some involvement with a program approved by the Department. Requires the Department to establish a new intervention license category entitled Harm Reduction Services and to approve or deny an application for a Harm Reduction Services license.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2022-03-04 - Rule 19(a) / Re-referred to Rules Committee [HB0110 Detail]

Download: Illinois-2021-HB0110-Engrossed.html

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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Substance Use Disorder Act is amended by
changing Section 15-10 and by adding Section 5-26 as follows:
(20 ILCS 301/5-26 new)
Sec. 5-26. Safe consumption and overdose prevention
services.
(a) Definitions. As used in this Section:
"Department" means the Department of Human Services.
"Entity" means any community-based organization that
provides educational, health, harm reduction, housing, or
social services and any hospital, medical clinic or office,
health center, nursing care facility, mental health facility,
or other similar entity that provides medical care.
"Participant" means an individual who seeks to utilize,
utilizes, or has used a program established under this
Section.
"Program" means a safer consumption and overdose services
program established under this Section.
(b) Program approval.
(1) Notwithstanding the Illinois Controlled Substances
Act, the Drug Paraphernalia Control Act, or any other

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provision of law to the contrary, the Department may
approve an entity to operate a program in one or more
jurisdictions upon satisfaction of the requirements set
forth under paragraph (4). The Department shall establish
standards for program approval and training and shall
adopt any rules that are necessary to license and monitor
the program.
(2) The Department shall establish a new intervention
license category entitled Harm Reduction Services and
shall approve or deny an application for a Harm Reduction
Services license in accordance with Section 15-10 of this
Act and as established by rule.
(3) An entity may make an application for a Harm
Reduction Services license at any time, regardless of
previous applications.
(4) The Department may approve a program under this
Section upon submission of an application, on a form
prescribed by the Department, demonstrating that the
entity shall, at a minimum:
(A) provide a hygienic space where participants
may consume their pre-obtained drugs;
(B) provide adequate staffing by health care
professionals or other trained staff;
(C) provide sterile injection supplies, collect
used hypodermic needles and syringes, provide secure
hypodermic needle and syringe disposal services, and

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may provide other drug using supplies that reduce
harm;
(D) provide education on safe consumption
practices, proper disposal of hypodermic needles and
syringes, and overdose prevention, including written
information in, at a minimum, the 4 most commonly
spoken languages in the State as determined by the
Department;
(E) administer first aid, if needed, and monitor
participants for potential overdose;
(F) provide referrals to substance use disorder
treatment, recovery support services, medical, social
determinants of health, and employment and training
services;
(G) educate participants on the risks of
contracting infectious diseases and provide sexual
health resources and supplies, including, but not
limited to, condoms for male and female sex organs;
(H) provide participants access to naloxone;
(I) provide reasonable and adequate security for
the program site and equipment;
(J) ensure confidentiality of program participants
by using an anonymous unique identifier;
(K) train staff members to deliver services
offered by the program or attend training provided by
the Department, if required;

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(L) establish operating procedures for the program
and eligibility criteria for program participants, if
not predetermined by the Department; and
(M) be designated as or collaborate with an
authorized needle and hypodermic syringe access
program under the Overdose Prevention and Harm
Reduction Act.
(c) Reporting. An entity operating a program under this
Section shall provide a report to the Department, within the
time frame specified by the Department, that shall include:
(1) the number of program participants;
(2) aggregate information regarding the
characteristics of program participants;
(3) the number of hypodermic needles, syringes, and
harm reduction supplies distributed for use on-site;
(4) the number of overdoses experienced and the number
of overdoses reversed on-site;
(5) the number of individuals directly and formally
referred to other services and the type of service;
(6) the number of significant incidents, as defined by
the Department, during the specified time frame; and
(7) the number of ancillary services provided to
family members and the public, including, but not limited
to, socials service referrals and educational services.
(d) Immunity provided. Notwithstanding the Illinois
Controlled Substances Act, the Drug Paraphernalia Control Act,

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or any other provision of law to the contrary, the following
persons shall not be arrested, charged, or prosecuted for any
criminal offense 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
participation or involvement in a program approved by the
Department under this Act:
(1) a program participant;
(2) a staff member or administrator of a program,
including a health care professional, manager, employee,
or volunteer; and
(3) a property owner who owns real property at which a
program is located and operates.
(20 ILCS 301/15-10)
Sec. 15-10. Licensure categories and services. No person
or program may provide the services or conduct the activities
described in this Section without first obtaining a license
therefor from the Department, unless otherwise exempted under
this Act. The Department shall, by rule, provide requirements
for each of the following types of licenses and categories of
service:
(a) Treatment: Categories of service authorized by a
treatment license are Early Intervention, Outpatient,
Intensive Outpatient/Partial Hospitalization, Subacute

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Residential/Inpatient, and Withdrawal Management.
Medication assisted treatment that includes methadone used
for an opioid use disorder can be licensed as an adjunct to
any of the treatment levels of care specified in this
Section.
(b) Intervention: Categories of service authorized by
an intervention license are DUI Evaluation, DUI Risk
Education, Designated Program, Harm Reduction Services,
and Recovery Homes for persons in any stage of recovery
from a substance use disorder.
The Department may, under procedures established by rule
and upon a showing of good cause for such, exempt off-site
services from having to obtain a separate license for services
conducted away from the provider's licensed location.
(Source: P.A. 100-759, eff. 1-1-19.)