Bill Text: IL HB4556 | 2021-2022 | 102nd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Overdose Prevention and Harm Reduction Act. Provides that a pharmacist or physician may dispense drug adulterant testing supplies, such as reagents, test strips, or quantification instruments, to any person. Provides that no employee or volunteer of or participant in a program established under the Act or any employee or customer of a pharmacy, hospital, clinic, or other health care facility or medical office dispensing drug adulterant testing supplies in accordance with the Act shall be charged with or prosecuted for possession of specified materials. Provides that a law enforcement officer who, acting on good faith, arrests or charges a person who is thereafter determined to be entitled to immunity from prosecution shall not be subject to civil liability for the arrest or filing of charges. Provides that any record of a person that is created or obtained for use by a needle and hypodermic syringe access program or by a pharmacy, hospital, clinic, or other health care facility or medical office in connection with the dispensing of drug adulterant testing supplies must be kept confidential. Contains other provisions. Effective immediately.

Spectrum: Strong Partisan Bill (Democrat 22-2)

Status: (Passed) 2022-06-02 - Public Act . . . . . . . . . 102-1039 [HB4556 Detail]

Download: Illinois-2021-HB4556-Enrolled.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 Overdose Prevention and Harm Reduction Act
is amended by changing Section 5 and by adding Section 10 as
follows:
(410 ILCS 710/5)
Sec. 5. Needle and hypodermic syringe access program.
(a) Any governmental or nongovernmental organization,
including a local health department, community-based
organization, or a person or entity, that promotes
scientifically proven ways of mitigating health risks
associated with drug use and other high-risk behaviors may
establish and operate a needle and hypodermic syringe access
program. The objective of the program shall be accomplishing
all of the following:
(1) reducing the spread of HIV, AIDS, viral hepatitis,
and other bloodborne diseases;
(2) reducing the potential for needle stick injuries
from discarded contaminated equipment; and
(3) facilitating connections or linkages to
evidence-based treatment.
(b) Programs established under this Act shall provide all

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of the following:
(1) Disposal of used needles and hypodermic syringes.
(2) Needles, hypodermic syringes, and other safer drug
consumption supplies, at no cost and in quantities
sufficient to ensure that needles, hypodermic syringes, or
other supplies are not shared or reused.
(3) Educational materials or training on:
(A) overdose prevention and intervention; and
(B) the prevention of HIV, AIDS, viral hepatitis,
and other common bloodborne diseases resulting from
shared drug consumption equipment and supplies.
(4) Access to opioid antagonists approved for the
reversal of an opioid overdose, or referrals to programs
that provide access to opioid antagonists approved for the
reversal of an opioid overdose.
(5) Linkages to needed services, including mental
health treatment, housing programs, substance use disorder
treatment, and other relevant community services.
(6) Individual consultations from a trained employee
tailored to individual needs.
(7) If feasible, a hygienic, separate space for
individuals who need to administer a prescribed injectable
medication that can also be used as a quiet space to gather
composure in the event of an adverse on-site incident,
such as a nonfatal overdose.
(8) If feasible, access to on-site drug adulterant

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testing supplies such as reagents, test strips, or
quantification instruments that provide critical real-time
information on the composition of substances obtained for
consumption.
(c) Notwithstanding any provision of the Illinois
Controlled Substances Act, the Drug Paraphernalia Control Act,
or any other law, no employee or volunteer of or participant in
a program established under this Act shall be charged with or
prosecuted for possession of any of the following:
(1) Needles, hypodermic syringes, or other drug
consumption paraphernalia obtained from or returned,
directly or indirectly, to a program established under
this Act.
(2) Residual amounts of a controlled substance
contained in used needles, used hypodermic syringes, or
other used drug consumption paraphernalia obtained from or
returned, directly or indirectly, to a program established
under this Act.
(3) Drug adulterant testing supplies such as reagents,
test strips, or quantification instruments obtained from
or returned, directly or indirectly, to a program
established under this Act or a pharmacy, hospital,
clinic, or other health care facility or medical office
dispensing drug adulterant testing supplies in accordance
with Section 10. This paragraph also applies to any
employee or customer of a pharmacy, hospital, clinic, or

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other health care facility or medical office dispensing
drug adulterant testing supplies in accordance with
Section 10.
(4) Any residual amounts of controlled substances used
in the course of testing the controlled substance to
determine the chemical composition and potential threat of
the substances obtained for consumption that are obtained
from or returned, directly or indirectly, to a program
established under this Act. This paragraph also applies to
any person using drug adulterant testing supplies procured
in accordance with Section 10 of this Act.
In addition to any other applicable immunity or limitation
on civil liability, a law enforcement officer who, acting on
good faith, arrests or charges a person who is thereafter
determined to be entitled to immunity from prosecution under
this subsection (c) shall not be subject to civil liability
for the arrest or filing of charges.
(d) Prior to the commencing of operations of a program
established under this Act, the governmental or
nongovernmental organization shall submit to the Illinois
Department of Public Health all of the following information:
(1) the name of the organization, agency, group,
person, or entity operating the program;
(2) the areas and populations to be served by the
program; and
(3) the methods by which the program will meet the

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requirements of subsection (b) of this Section.
The Department of Public Health may adopt rules to
implement this subsection.
(Source: P.A. 101-356, eff. 8-9-19.)
(410 ILCS 710/10 new)
Sec. 10. Dispensing of drug adulterant testing supplies. A
pharmacist, physician, advanced practice registered nurse, or
physician assistant, or the pharmacist's, physician's,
advanced practice registered nurse's, or physician assistant's
designee, may dispense drug adulterant testing supplies to any
person. Any drug adulterant testing supplies dispensed under
this Section must be stored at a licensed pharmacy, hospital,
clinic, or other health care facility or at the medical office
of a physician, advanced practice registered nurse, or
physician assistant and in a manner that limits access to the
drug adulterant testing supplies to pharmacists, physicians,
advanced practice registered nurses, or physician assistants
employed at the pharmacy, hospital, clinic, or other health
care facility or medical office and any persons designated by
the pharmacist, physician, advanced practice registered nurse,
or physician assistant. Drug adulterant testing supplies
dispensed at a retail store containing a pharmacy under this
Section may be dispensed only from the pharmacy department of
the retail store. No quantity of drug adulterant testing
supplies greater than necessary to conduct 5 assays of

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substances suspected of containing adulterants shall be
dispensed in any single transaction.