Bill Text: IL SB3918 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Overdose Prevention and Harm Reduction Act. Provides that any governmental or nongovernmental entity described under specified provisions or any entity that provides medical care or health services may distribute fentanyl test strips to the public to test for the presence of fentanyl, a fentanyl analogue, or a drug adulterant within a controlled substance. Makes other changes. Amends the Drug Paraphernalia Control Act. Provides that "drug paraphernalia" does not include equipment, products, or materials to analyze or test for the presence of fentanyl, a fentanyl analogue, or a drug adulterant within a controlled substance. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2022-03-30 - Added as Chief Co-Sponsor Sen. Christopher Belt [SB3918 Detail]

Download: Illinois-2021-SB3918-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB3918 Introduced 1/21/2022, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
410 ILCS 710/5
410 ILCS 710/10 new
720 ILCS 600/2 from Ch. 56 1/2, par. 2102
Amends the Overdose Prevention and Harm Reduction Act. Provides that any governmental or nongovernmental entity described under specified provisions or any entity that provides medical care or health services may distribute fentanyl test strips to the public to test for the presence of fentanyl, a fentanyl analogue, or a drug adulterant within a controlled substance. Makes other changes. Amends the Drug Paraphernalia Control Act. Provides that "drug paraphernalia" does not include equipment, products, or materials to analyze or test for the presence of fentanyl, a fentanyl analogue, or a drug adulterant within a controlled substance. Effective immediately.
LRB102 25893 CPF 35251 b
A BILL FOR
SB3918 LRB102 25893 CPF 35251 b
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 an allowable
entity or a program established under this Act.
(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

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from or returned, directly or indirectly, to a program
established under 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
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. Fentanyl test strips. To further promote harm
reduction efforts, any governmental or nongovernmental entity
described under subsection (a) of Section 5 or any entity that

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provides medical care or health services may distribute
fentanyl test strips to the public to test for the presence of
fentanyl, a fentanyl analogue, or a drug adulterant within a
controlled substance.
Section 10. The Drug Paraphernalia Control Act is amended
by changing Section 2 as follows:
(720 ILCS 600/2) (from Ch. 56 1/2, par. 2102)
Sec. 2. As used in this Act, unless the context otherwise
requires:
(a) The term "cannabis" shall have the meaning ascribed to
it in Section 3 of the Cannabis Control Act, as if that
definition were incorporated herein.
(b) The term "controlled substance" shall have the meaning
ascribed to it in Section 102 of the Illinois Controlled
Substances Act, as if that definition were incorporated
herein.
(c) "Deliver" or "delivery" means the actual, constructive
or attempted transfer of possession, with or without
consideration, whether or not there is an agency relationship.
(d) "Drug paraphernalia" means all equipment, products and
materials of any kind, other than methamphetamine
manufacturing materials as defined in Section 10 of the
Methamphetamine Control and Community Protection Act and
cannabis paraphernalia as defined in Section 1-10 of the

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Cannabis Regulation and Tax Act, which are intended to be used
unlawfully in planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting,
producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling or otherwise introducing into
the human body a controlled substance in violation of the
Illinois Controlled Substances Act or the Methamphetamine
Control and Community Protection Act or a synthetic drug
product or misbranded drug in violation of the Illinois Food,
Drug and Cosmetic Act. It includes, but is not limited to:
(1) kits intended to be used unlawfully in
manufacturing, compounding, converting, producing,
processing or preparing a controlled substance;
(2) isomerization devices intended to be used
unlawfully in increasing the potency of any species of
plant which is a controlled substance;
(3) testing equipment intended to be used unlawfully
in a private home for identifying or in analyzing the
strength, effectiveness or purity of controlled
substances;
(4) diluents and adulterants intended to be used
unlawfully for cutting a controlled substance by private
persons;
(5) objects intended to be used unlawfully in
ingesting, inhaling, or otherwise introducing cocaine or a

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synthetic drug product or misbranded drug in violation of
the Illinois Food, Drug and Cosmetic Act into the human
body including, where applicable, the following items:
(A) water pipes;
(B) carburetion tubes and devices;
(C) smoking and carburetion masks;
(D) miniature cocaine spoons and cocaine vials;
(E) carburetor pipes;
(F) electric pipes;
(G) air-driven pipes;
(H) chillums;
(I) bongs;
(J) ice pipes or chillers;
(6) any item whose purpose, as announced or described
by the seller, is for use in violation of this Act.
"Drug paraphernalia" does not include equipment, products,
or materials to analyze or test for the presence of fentanyl, a
fentanyl analogue, or a drug adulterant within a controlled
substance.
(Source: P.A. 101-593, eff. 12-4-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.