Bill Amendment: IL SB3350 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: FENTANYL TEST STRIPS

Status: 2024-08-09 - Public Act . . . . . . . . . 103-0980 [SB3350 Detail]

Download: Illinois-2023-SB3350-Senate_Amendment_001.html

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Sen. Laura Ellman

Filed: 3/8/2024

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AMENDMENT TO SENATE BILL 3350
AMENDMENT NO. ______. Amend Senate Bill 3350 by replacing
everything after the enacting clause with the following:
"Section 5. The Substance Use Disorder Act is amended by
changing Section 5-23 as follows:
(20 ILCS 301/5-23)
Sec. 5-23. Drug Overdose Prevention Program.
(a) Reports.
(1) The Department 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. The
report shall also provide information on interventions
that would be effective in reducing the rate of fatal or
nonfatal drug overdose and on the current substance use
disorder treatment capacity within the State. The report

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shall include an analysis of drug overdose information
reported to the Department of Public Health pursuant to
subsection (e) of Section 3-3013 of the Counties Code,
Section 6.14g of the Hospital Licensing Act, and
subsection (j) of Section 22-30 of the School Code.
(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.
(F) A description of efforts undertaken to educate
the public about unused medication and about how to
properly dispose of unused medication, including the
number of registered collection receptacles in this
State, mail-back programs, and drug take-back events.
(G) An inventory of the State's substance use
disorder treatment capacity, including, but not
limited to:
(i) The number and type of licensed treatment

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programs in each geographic area of the State.
(ii) The availability of medication-assisted
treatment at each licensed program and which types
of medication-assisted treatment are available.
(iii) The number of recovery homes that accept
individuals using medication-assisted treatment in
their recovery.
(iv) The number of medical professionals
currently authorized to prescribe buprenorphine
and the number of individuals who fill
prescriptions for that medication at retail
pharmacies as prescribed.
(v) Any partnerships between programs licensed
by the Department and other providers of
medication-assisted treatment.
(vi) Any challenges in providing
medication-assisted treatment reported by programs
licensed by the Department and any potential
solutions.
(b) Programs; drug overdose prevention.
(1) The Department 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 Department may develop and
disseminate curricula for use by professionals,
organizations, individuals, or committees interested in

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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
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 use
disorder treatment.
The Department may establish or authorize programs for
prescribing, dispensing, or distributing opioid
antagonists for the treatment of drug overdose and for
dispensing and distributing fentanyl test strips to
further promote harm reduction efforts and prevent an
overdose. Such programs may include the prescribing of
opioid antagonists for the treatment of drug overdose to a
person who is not at risk of opioid overdose but who, in
the judgment of the health care professional, may be in a
position to assist another individual during an
opioid-related drug overdose and who has received basic
instruction on how to administer an opioid antagonist.

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(2) The Department may provide advice to State and
local officials on the growing drug overdose crisis,
including the prevalence of drug overdose incidents,
programs promoting the disposal of unused prescription
drugs, trends in drug overdose incidents, and solutions to
the drug overdose crisis.
(3) The Department may support drug overdose
prevention, recognition, and response projects by
facilitating the acquisition of opioid antagonist
medication approved for opioid overdose reversal,
facilitating the acquisition of opioid antagonist
medication approved for opioid overdose reversal,
providing trainings in overdose prevention best practices,
facilitating the acquisition of fentanyl test strips to
test for the presence of fentanyl, a fentanyl analog, or a
drug adulterant within a controlled substance, connecting
programs to medical resources, establishing a statewide
standing order for the acquisition of needed medication,
establishing learning collaboratives between localities
and programs, and assisting programs in navigating any
regulatory requirements for establishing or expanding such
programs.
(4) In supporting best practices in drug overdose
prevention programming, the Department may promote the
following programmatic elements:
(A) Training individuals who currently use drugs

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in the administration of opioid antagonists approved
for the reversal of an opioid overdose and in the use
of fentanyl test strips to test for the presence of
fentanyl, a fentanyl analog, or a drug adulterant
within a controlled substance.
(B) Directly distributing opioid antagonists
approved for the reversal of an opioid overdose rather
than providing prescriptions to be filled at a
pharmacy.
(B-1) Directly distributing fentanyl test strips
to test for the presence of fentanyl, a fentanyl
analog, or a drug adulterant within a controlled
substance.
(C) Conducting street and community outreach to
work directly with individuals who are using drugs.
(D) Employing community health workers or peer
recovery specialists who are familiar with the
communities served and can provide culturally
competent services.
(E) Collaborating with other community-based
organizations, substance use disorder treatment
centers, or other health care providers engaged in
treating individuals who are using drugs.
(F) Providing linkages for individuals to obtain
evidence-based substance use disorder treatment.
(G) Engaging individuals exiting jails or prisons

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who are at a high risk of overdose.
(H) Providing education and training to
community-based organizations who work directly with
individuals who are using drugs and those individuals'
families and communities.
(I) Providing education and training on drug
overdose prevention and response to emergency
personnel and law enforcement.
(J) Informing communities of the important role
emergency personnel play in responding to accidental
overdose.
(K) Producing and distributing targeted mass media
materials on drug overdose prevention and response,
the potential dangers of leaving unused prescription
drugs in the home, and the proper methods for
disposing of unused prescription drugs.
(c) Grants.
(1) The Department may award grants, in accordance
with 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 Department prescribes. Eligible grant
activities include, but are not limited to, purchasing and

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distributing opioid antagonists and fentanyl test strips,
hiring peer recovery specialists or other community
members to conduct community outreach, and hosting public
health fairs or events to distribute opioid antagonists
and fentanyl test strips, promote harm reduction
activities, and provide linkages to community partners.
(2) In awarding grants, the Department shall consider
the overall rate of opioid overdose, the rate of increase
in opioid overdose, and racial disparities in opioid
overdose experienced by the communities to be served by
grantees. The Department shall encourage all grant
applicants to develop interventions that will be effective
and viable in their local areas.
(3) (Blank).
(3.5) Any hospital licensed under the Hospital
Licensing Act or organized under the University of
Illinois Hospital Act shall be deemed to have met the
standards and requirements set forth in this Section to
enroll in the drug overdose prevention program upon
completion of the enrollment process except that proof of
a standing order and attestation of programmatic
requirements shall be waived for enrollment purposes.
Reporting mandated by enrollment shall be necessary to
carry out or attain eligibility for associated resources
under this Section for drug overdose prevention projects
operated on the licensed premises of the hospital and

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operated by the hospital or its designated agent. The
Department shall streamline hospital enrollment for drug
overdose prevention programs by accepting such deemed
status under this Section in order to reduce barriers to
hospital participation in drug overdose prevention,
recognition, or response projects. Any hospital under this
paragraph and any other organization deemed eligible by
the Department shall be enrolled to receive fentanyl test
strips from the Department and distribute fentanyl test
strips upon enrollment in the Drug Overdose Prevention
Program.
(4) In addition to moneys appropriated by the General
Assembly, the Department 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 opioid
antagonists.
(1) A health care professional who, acting in good
faith, directly or by standing order, prescribes or
dispenses an opioid antagonist to: (a) a patient who, in
the judgment of the health care professional, is capable
of administering the drug in an emergency, or (b) a person
who is not at risk of opioid overdose but who, in the
judgment of the health care professional, may be in a
position to assist another individual during an

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opioid-related drug overdose and who has received basic
instruction on how to administer an opioid antagonist
shall not, as a result of his or her acts or omissions, be
subject to: (i) any 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 or (ii) any criminal liability, except
for willful and wanton misconduct.
(1.5) Notwithstanding any provision of or requirement
otherwise imposed by the Pharmacy Practice Act, the
Medical Practice Act of 1987, or any other law or rule,
including, but not limited to, any requirement related to
labeling, storage, or recordkeeping, a health care
professional or other person acting under the direction of
a health care professional may, directly or by standing
order, obtain, store, and dispense an opioid antagonist to
a patient in a facility that includes, but is not limited
to, a hospital, a hospital affiliate, or a federally
qualified health center if the patient information
specified in paragraph (4) of this subsection is provided
to the patient. A person acting in accordance with this
paragraph shall not, as a result of his or her acts or
omissions, be subject to: (i) any disciplinary or other
adverse action under the Medical Practice Act of 1987, the
Physician Assistant Practice Act of 1987, the Nurse

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Practice Act, the Pharmacy Practice Act, or any other
professional licensing statute; or (ii) any criminal
liability, except for willful and wanton misconduct.
(2) A person who is not otherwise licensed to
administer an opioid antagonist may in an emergency
administer without fee an opioid antagonist if the person
has received the patient information specified in
paragraph (4) of this subsection 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 (i) 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 (ii)
subject to any criminal prosecution or civil liability,
except for willful and wanton misconduct.
(3) A health care professional prescribing an opioid
antagonist 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 use disorder
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

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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 Department, in
consultation with statewide organizations representing
physicians, pharmacists, advanced practice registered
nurses, physician assistants, substance use disorder
programs, and other interested groups, shall develop and
disseminate to health care professionals, community-based
organizations, substance use disorder programs, and other
organizations training materials in video, electronic, or
other formats to facilitate the provision of such patient
information.
(4) For the purposes of this subsection:
"Opioid antagonist" means a drug that binds to opioid
receptors and blocks or inhibits the effect of opioids
acting on those receptors, including, but not limited to,
naloxone hydrochloride or any other similarly acting drug
approved by the U.S. Food and Drug Administration.
"Health care professional" means a physician licensed
to practice medicine in all its branches, a licensed
physician assistant with prescriptive authority, a
licensed advanced practice registered nurse with
prescriptive authority, an advanced practice registered

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nurse or physician assistant who practices in a hospital,
hospital affiliate, or ambulatory surgical treatment
center and possesses appropriate clinical privileges in
accordance with the Nurse Practice Act, or a pharmacist
licensed to practice pharmacy under the Pharmacy Practice
Act.
"Patient" includes a person who is not at risk of
opioid overdose but who, in the judgment of the physician,
advanced practice registered nurse, or physician
assistant, 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 antagonist.
"Patient information" includes information provided to
the patient on drug overdose prevention and recognition;
how to perform rescue breathing and resuscitation; opioid
antagonist dosage and administration; the importance of
calling 911; care for the overdose victim after
administration of the overdose antagonist; and other
issues as necessary.
(e) Drug overdose response policy.
(1) Every State and local government agency that
employs a law enforcement officer or fireman as those
terms are defined in the Line of Duty Compensation Act
must possess opioid antagonists and must establish a

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policy to control the acquisition, storage,
transportation, and administration of such opioid
antagonists and to provide training in the administration
of opioid antagonists. A State or local government agency
that employs a fireman as defined in the Line of Duty
Compensation Act but does not respond to emergency medical
calls or provide medical services shall be exempt from
this subsection.
(2) Every publicly or privately owned ambulance,
special emergency medical services vehicle, non-transport
vehicle, or ambulance assist vehicle, as described in the
Emergency Medical Services (EMS) Systems Act, that
responds to requests for emergency services or transports
patients between hospitals in emergency situations must
possess opioid antagonists.
(3) Entities that are required under paragraphs (1)
and (2) to possess opioid antagonists may also apply to
the Department for a grant to fund the acquisition of
opioid antagonists and training programs on the
administration of opioid antagonists.
(Source: P.A. 101-356, eff. 8-9-19; 102-598, eff. 1-1-22.)
Section 10. The Overdose Prevention and Harm Reduction Act
is amended by changing Section 5 as follows:
(410 ILCS 710/5)

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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
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

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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
testing supplies.
(9) If feasible, access to fentanyl test strips to
test for the presence of fentanyl, a fentanyl analog, or a
drug adulterant within a controlled substance.
(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

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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 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 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

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