Bill Text: IL HB3833 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Creates the Opioid Overdose Reduction Act. Provides that the Act may be referred to as Alex's Law. Defines "authorized entity" as a community-based health disease prevention or social service program. Provides that a health care practitioner may prescribe opioid antagonists in the name of an authorized entity. Provides that an employee or agent of an authorized entity or other individual who has completed specified training may provide and administer an opioid antagonist to an individual on the property of the authorized entity whom the employee, agent, or other individual believes in good faith is experiencing an opioid overdose, regardless of whether the individual has a prescription for an opioid antagonist. Contains provisions releasing health care practitioners from liability for prescribing or dispensing an opioid antagonists to certain persons. Contains provisions releasing persons who are not otherwise licensed to administer an opioid antagonist from liability for administering an opioid antagonist without fee if the person believes in good faith that another person is experiencing a drug overdose. Provides that a person who, in good faith, seeks or obtains emergency medical assistance for someone experiencing an opioid overdose shall not be charged or prosecuted for possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog if certain conditions are met. Provides that a person who is experiencing an overdose shall not be charged or prosecuted for possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog if evidence for the possession charge was acquired as a result of the person seeking or obtaining emergency medical assistance. Provides that a person's pretrial release, probation, furlough, supervised release, or parole shall not be revoked based on an incident for which the person would be immune from prosecution under the provisions.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2019-04-22 - Added Chief Co-Sponsor Rep. Deb Conroy [HB3833 Detail]

Download: Illinois-2019-HB3833-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3833 Introduced , by Rep. Grant Wehrli SYNOPSIS AS INTRODUCED:
New Act
Creates the Opioid Overdose Reduction Act. Provides that the Act may be referred to as Alex's Law. Defines "authorized entity" as a community-based health disease prevention or social service program. Provides that a health care practitioner may prescribe opioid antagonists in the name of an authorized entity. Provides that an employee or agent of an authorized entity or other individual who has completed specified training may provide and administer an opioid antagonist to an individual on the property of the authorized entity whom the employee, agent, or other individual believes in good faith is experiencing an opioid overdose, regardless of whether the individual has a prescription for an opioid antagonist. Contains provisions releasing health care practitioners from liability for prescribing or dispensing an opioid antagonists to certain persons. Contains provisions releasing persons who are not otherwise licensed to administer an opioid antagonist from liability for administering an opioid antagonist without fee if the person believes in good faith that another person is experiencing a drug overdose. Provides that a person who, in good faith, seeks or obtains emergency medical assistance for someone experiencing an opioid overdose shall not be charged or prosecuted for possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog if certain conditions are met. Provides that a person who is experiencing an overdose shall not be charged or prosecuted for possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog if evidence for the possession charge was acquired as a result of the person seeking or obtaining emergency medical assistance. Provides that a person's pretrial release, probation, furlough, supervised release, or parole shall not be revoked based on an incident for which the person would be immune from prosecution under the provisions.
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A BILL FOR
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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 1. Short title; references to Act.
(a) Short title. This Act may be cited as the Opioid
Overdose Reduction Act.
(b) References to Act. This Act may be referred to as
Alex's Law.
Section 5. Definitions. As used in this Act:
"Administer" means to directly apply an opioid antagonist
to the body of an individual.
"Authorized entity" means a community-based health disease
prevention or social service program. The Department shall, by
rule, determine what constitutes a community-based health
disease prevention or social service program under this
definition.
"Department" means the Department of Public Health.
"Health care practitioner" means a physician licensed to
practice medicine in all its branches under the Medical
Practice Act of 1987, a physician assistant under the Physician
Assistant Practice Act of 1987 with prescriptive authority, or
an advanced practice registered nurse with prescribing
authority under Article 65 of the Nurse Practice Act.

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"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.
"Pharmacist" has the meaning given to that term under
subsection (k-5) of Section 3 of the Pharmacy Practice Act.
"Undesignated opioid antagonist" means an opioid
antagonist prescribed in the name of an authorized entity.
Section 10. Prescription to authorized entity; use;
training.
(a) A health care practitioner may prescribe opioid
antagonists in the name of an authorized entity for use in
accordance with this Act, and pharmacists and health care
practitioners may dispense opioid antagonists pursuant to a
prescription issued in the name of an authorized entity. Such
prescriptions shall be valid for a period of 2 years.
(b) An authorized entity may acquire and stock a supply of
undesignated opioid antagonists pursuant to a prescription
issued under subsection (a) of this Section. Such undesignated
opioid antagonists shall be stored in a location readily
accessible in an emergency and in accordance with the
instructions for use of the opioid antagonists. The Department
may establish any additional requirements an authorized entity
must follow under this Act.

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(c) An employee or agent of an authorized entity or other
individual who has completed training under subsection (d) of
this Section may:
(1) provide an opioid antagonist to any individual on
the property of the authorized entity whom the employee,
agent, or other individual believes in good faith is
experiencing an opioid overdose, or to the parent,
guardian, or caregiver of such individual, for immediate
administration, regardless of whether the individual has a
prescription for an opioid antagonist; or
(2) administer an opioid antagonist to any individual
on the property of the authorized entity whom the employee,
agent, or other individual believes in good faith is
experiencing an opioid overdose, regardless of whether the
individual has a prescription for an opioid antagonist.
(d) An employee, agent, or other individual must complete
an opioid overdose training program before he or she is able to
provide or administer an opioid antagonist under this Section.
Such training shall be valid for a period of 2 years and shall
be conducted by a nationally recognized organization
experienced in training laypersons in emergency health
treatment. The Department shall include links to training
providers' websites on its website. Training shall include, but
is not limited to:
(1) how to recognize signs and symptoms of an opioid
overdose;

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(2) how to administer an opioid antagonist; and
(3) a test demonstrating competency of the knowledge
required to recognize opioid overdose and administer an
opioid antagonist.
Training may also include, but is not limited to:
(A) a review of high-risk areas on the authorized
entity's property and its related facilities;
(B) emergency follow-up procedures; and
(C) other criteria as determined in rules adopted
under this Act.
Training may be conducted either online or in person. The
Department shall approve training programs and list permitted
training programs on the Department's website.
Section 15. Costs. Whichever entity initiates the process
of obtaining opioid antagonists and providing training to
personnel for carrying and administering opioid antagonists
shall pay for the costs of the opioid antagonists.
Section 20. Limitations. The use of an opioid antagonist in
accordance with the requirements of this Act does not
constitute the practice of medicine or any other profession
that requires medical licensure. Nothing in this Act shall
limit the amount of opioid antagonists that an authorized
entity or individual may carry or maintain a supply of.

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Section 25. Opioid antagonist possession and
administration; release from liability.
(a) A health care professional who, acting in good faith,
directly or by standing order, prescribes or dispenses an
opioid antagonist to: (1) a patient who, in the judgment of the
health care professional, is capable of administering the
opioid antagonist in an emergency, or (2) 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 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.
(b) 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 believes in good faith that
another person is experiencing an opioid 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

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professional licensing statute, or (ii) subject to any criminal
prosecution or civil liability, except for willful and wanton
misconduct.
Section 35. Person seeking medical assistance for an opioid
overdose; immunity from prosecution.
(a) A person who, in good faith, seeks or obtains emergency
medical assistance for someone experiencing an opioid overdose
shall not be charged or prosecuted for possession of a
controlled, counterfeit, or look-alike substance or a
controlled substance analog if (i) evidence for the possession
charge was acquired as a result of the person seeking or
obtaining emergency medical assistance and (ii) the person who
seeks or obtains the medical assistance is the first person to
seek or obtain the assistance, provides a name and contact
information, remains on the scene until assistance arrives or
is provided, and cooperates with the authorities.
(b) A person who is experiencing an opioid overdose shall
not be charged or prosecuted for possession of a controlled,
counterfeit, or look-alike substance or a controlled substance
analog if evidence for the possession charge was acquired as a
result of the person seeking or obtaining emergency medical
assistance.
(c) A person's pretrial release, probation, furlough,
supervised release, or parole shall not be revoked based on an
incident for which the person would be immune from prosecution

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under this Section.
(d) Nothing in this Section shall:
(1) be construed to bar the admissibility of any
evidence obtained in connection with the investigation and
prosecution of other crimes or violations committed by a
person who otherwise qualifies for limited immunity under
this Section;
(2) preclude prosecution of a person on the basis of
evidence obtained from an independent source;
(3) be construed to limit, modify, or remove any
immunity from liability currently available to public
entities, public employees by law, or prosecutors; or
(4) prevent probation officers from conducting drug
testing of persons on pretrial release, probation,
furlough, supervised release, or parole.