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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Alcoholism and Other Drug Abuse and | ||||||
5 | Dependency Act is amended by changing Section 5-23 as follows:
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6 | (20 ILCS 301/5-23) | ||||||
7 | Sec. 5-23. Drug Overdose Prevention Program. | ||||||
8 | (a) Reports of drug overdose. | ||||||
9 | (1) The Director of the Division of Alcoholism and | ||||||
10 | Substance Abuse may publish annually a report on drug | ||||||
11 | overdose trends statewide that reviews State death rates | ||||||
12 | from available data to ascertain changes in the causes or | ||||||
13 | rates of fatal and nonfatal drug overdose for the preceding | ||||||
14 | period of not less than 5 years. The report shall also | ||||||
15 | provide information on interventions that would be | ||||||
16 | effective in reducing the rate of fatal or nonfatal drug | ||||||
17 | overdose. | ||||||
18 | (2) The report may include: | ||||||
19 | (A) Trends in drug overdose death rates. | ||||||
20 | (B) Trends in emergency room utilization related | ||||||
21 | to drug overdose and the cost impact of emergency room | ||||||
22 | utilization. | ||||||
23 | (C) Trends in utilization of pre-hospital and |
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1 | emergency services and the cost impact of emergency | ||||||
2 | services utilization. | ||||||
3 | (D) Suggested improvements in data collection. | ||||||
4 | (E) A description of other interventions effective | ||||||
5 | in reducing the rate of fatal or nonfatal drug | ||||||
6 | overdose. | ||||||
7 | (b) Programs; drug overdose prevention. | ||||||
8 | (1) The Director may establish a program to provide for | ||||||
9 | the production and publication, in electronic and other | ||||||
10 | formats, of drug overdose prevention, recognition, and | ||||||
11 | response literature. The Director may develop and | ||||||
12 | disseminate curricula for use by professionals, | ||||||
13 | organizations, individuals, or committees interested in | ||||||
14 | the prevention of fatal and nonfatal drug overdose, | ||||||
15 | including, but not limited to, drug users, jail and prison | ||||||
16 | personnel, jail and prison inmates, drug treatment | ||||||
17 | professionals, emergency medical personnel, hospital | ||||||
18 | staff, families and associates of drug users, peace | ||||||
19 | officers, firefighters, public safety officers, needle | ||||||
20 | exchange program staff, and other persons. In addition to | ||||||
21 | information regarding drug overdose prevention, | ||||||
22 | recognition, and response, literature produced by the | ||||||
23 | Department shall stress that drug use remains illegal and | ||||||
24 | highly dangerous and that complete abstinence from illegal | ||||||
25 | drug use is the healthiest choice. The literature shall | ||||||
26 | provide information and resources for substance abuse |
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1 | treatment. | ||||||
2 | The Director may establish or authorize programs for | ||||||
3 | prescribing, dispensing, or distributing naloxone | ||||||
4 | hydrochloride or any other similarly acting and equally | ||||||
5 | safe drug approved by the U.S. Food and Drug Administration | ||||||
6 | for the treatment of drug overdose. Such programs may | ||||||
7 | include the prescribing of naloxone hydrochloride or any | ||||||
8 | other similarly acting and equally safe drug approved by | ||||||
9 | the U.S. Food and Drug Administration for the treatment of | ||||||
10 | drug overdose to and education about administration by | ||||||
11 | individuals who are not personally at risk of opioid | ||||||
12 | overdose. | ||||||
13 | (2) The Director may provide advice to State and local | ||||||
14 | officials on the growing drug overdose crisis, including | ||||||
15 | the prevalence of drug overdose incidents, trends in drug | ||||||
16 | overdose incidents, and solutions to the drug overdose | ||||||
17 | crisis. | ||||||
18 | (c) Grants. | ||||||
19 | (1) The Director may award grants, in accordance with | ||||||
20 | this subsection, to create or support local drug overdose | ||||||
21 | prevention, recognition, and response projects. Local | ||||||
22 | health departments, correctional institutions, hospitals, | ||||||
23 | universities, community-based organizations, and | ||||||
24 | faith-based organizations may apply to the Department for a | ||||||
25 | grant under this subsection at the time and in the manner | ||||||
26 | the Director prescribes. |
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1 | (2) In awarding grants, the Director shall consider the | ||||||
2 | necessity for overdose prevention projects in various | ||||||
3 | settings and shall encourage all grant applicants to | ||||||
4 | develop interventions that will be effective and viable in | ||||||
5 | their local areas. | ||||||
6 | (3) The Director shall give preference for grants to | ||||||
7 | proposals that, in addition to providing life-saving | ||||||
8 | interventions and responses, provide information to drug | ||||||
9 | users on how to access drug treatment or other strategies | ||||||
10 | for abstaining from illegal drugs. The Director shall give | ||||||
11 | preference to proposals that include one or more of the | ||||||
12 | following elements: | ||||||
13 | (A) Policies and projects to encourage persons, | ||||||
14 | including drug users, to call 911 when they witness a | ||||||
15 | potentially fatal drug overdose. | ||||||
16 | (B) Drug overdose prevention, recognition, and | ||||||
17 | response education projects in drug treatment centers, | ||||||
18 | outreach programs, and other organizations that work | ||||||
19 | with, or have access to, drug users and their families | ||||||
20 | and communities. | ||||||
21 | (C) Drug overdose recognition and response | ||||||
22 | training, including rescue breathing, in drug | ||||||
23 | treatment centers and for other organizations that | ||||||
24 | work with, or have access to, drug users and their | ||||||
25 | families and communities. | ||||||
26 | (D) The production and distribution of targeted or |
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1 | mass media materials on drug overdose prevention and | ||||||
2 | response. | ||||||
3 | (E) Prescription and distribution of naloxone | ||||||
4 | hydrochloride or any other similarly acting and | ||||||
5 | equally safe drug approved by the U.S. Food and Drug | ||||||
6 | Administration for the treatment of drug overdose. | ||||||
7 | (F) The institution of education and training | ||||||
8 | projects on drug overdose response and treatment for | ||||||
9 | emergency services and law enforcement personnel. | ||||||
10 | (G) A system of parent, family, and survivor | ||||||
11 | education and mutual support groups. | ||||||
12 | (4) In addition to moneys appropriated by the General | ||||||
13 | Assembly, the Director may seek grants from private | ||||||
14 | foundations, the federal government, and other sources to | ||||||
15 | fund the grants under this Section and to fund an | ||||||
16 | evaluation of the programs supported by the grants. | ||||||
17 | (d) Health care professional prescription of drug overdose | ||||||
18 | treatment medication. | ||||||
19 | (1) A health care professional who, acting in good | ||||||
20 | faith, directly or by standing order, prescribes or | ||||||
21 | dispenses an opioid antidote to a patient who, in the | ||||||
22 | judgment of the health care professional, is capable of | ||||||
23 | administering the drug in an emergency, shall not, as a | ||||||
24 | result of his or her acts or omissions, be subject to | ||||||
25 | disciplinary or other adverse action under the Medical | ||||||
26 | Practice Act of 1987, the Physician Assistant Practice Act |
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1 | of 1987, the Nurse Practice Act, the Pharmacy Practice Act, | ||||||
2 | or any other professional licensing statute. | ||||||
3 | (2) A person , including, but not limited to, a State | ||||||
4 | Police Officer, a law enforcement officer of a local | ||||||
5 | government agency, fire protection personnel, and a fire | ||||||
6 | fighter, who is not otherwise licensed to administer an | ||||||
7 | opioid antidote may in an emergency administer without fee | ||||||
8 | an opioid antidote if the person has received the same | ||||||
9 | information that patients receive, as specified under the | ||||||
10 | definition of patient information specified in paragraph | ||||||
11 | (4) of this subsection , or the person has received training | ||||||
12 | in the administration of opioid antidotes, and believes in | ||||||
13 | good faith that another person is experiencing a drug | ||||||
14 | overdose. The person shall not, as a result of his or her | ||||||
15 | acts or omissions, be liable for any violation of the | ||||||
16 | Medical Practice Act of 1987, the Physician Assistant | ||||||
17 | Practice Act of 1987, the Nurse Practice Act, the Pharmacy | ||||||
18 | Practice Act, or any other professional licensing statute, | ||||||
19 | or subject to any criminal prosecution arising from or | ||||||
20 | related to the unauthorized practice of medicine or the | ||||||
21 | possession of an opioid antidote. | ||||||
22 | (3) A health care professional prescribing an opioid | ||||||
23 | antidote to a patient shall ensure that the patient | ||||||
24 | receives the patient information specified in paragraph | ||||||
25 | (4) of this subsection. Patient information may be provided | ||||||
26 | by the health care professional or a community-based |
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1 | organization, substance abuse program, or other | ||||||
2 | organization with which the health care professional | ||||||
3 | establishes a written agreement that includes a | ||||||
4 | description of how the organization will provide patient | ||||||
5 | information, how employees or volunteers providing | ||||||
6 | information will be trained, and standards for documenting | ||||||
7 | the provision of patient information to patients. | ||||||
8 | Provision of patient information shall be documented in the | ||||||
9 | patient's medical record or through similar means as | ||||||
10 | determined by agreement between the health care | ||||||
11 | professional and the organization. The Director of the | ||||||
12 | Division of Alcoholism and Substance Abuse, in | ||||||
13 | consultation with statewide organizations representing | ||||||
14 | physicians, advanced practice nurses, physician | ||||||
15 | assistants, substance abuse programs, and other interested | ||||||
16 | groups, shall develop and disseminate to health care | ||||||
17 | professionals, community-based organizations, substance | ||||||
18 | abuse programs, and other organizations training materials | ||||||
19 | in video, electronic, or other formats to facilitate the | ||||||
20 | provision of such patient information. | ||||||
21 | (4) For the purposes of this subsection: | ||||||
22 | "Fire protection personnel" and "fire fighter" have | ||||||
23 | the meanings ascribed to those terms in Section 2 of the | ||||||
24 | Illinois Fire Protection Training Act. | ||||||
25 | "Law enforcement officer" and "local government | ||||||
26 | agency" have the meanings ascribed to those terms in |
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1 | Section 2 of the Illinois Police Training Act. | ||||||
2 | "Opioid antidote" means naloxone hydrochloride or any | ||||||
3 | other similarly acting and equally safe drug approved by | ||||||
4 | the U.S. Food and Drug Administration for the treatment of | ||||||
5 | drug overdose. | ||||||
6 | "Health care professional" means a physician licensed | ||||||
7 | to practice medicine in all its branches, a physician | ||||||
8 | assistant who has been delegated the prescription or | ||||||
9 | dispensation of an opioid antidote by his or her | ||||||
10 | supervising physician, an advanced practice registered | ||||||
11 | nurse who has a written collaborative agreement with a | ||||||
12 | collaborating physician that authorizes the prescription | ||||||
13 | or dispensation of an opioid antidote, or an advanced | ||||||
14 | practice nurse who practices in a hospital or ambulatory | ||||||
15 | surgical treatment center and possesses appropriate | ||||||
16 | clinical privileges in accordance with the Nurse Practice | ||||||
17 | Act. | ||||||
18 | "Patient" includes a person who is not at risk of | ||||||
19 | opioid overdose but who, in the judgment of the physician, | ||||||
20 | may be in a position to assist another individual during an | ||||||
21 | overdose and who has received patient information as | ||||||
22 | required in paragraph (2) of this subsection on the | ||||||
23 | indications for and administration of an opioid antidote. | ||||||
24 | "Patient information" includes information provided to | ||||||
25 | the patient on drug overdose prevention and recognition; | ||||||
26 | how to perform rescue breathing and resuscitation; opioid |
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1 | antidote dosage and administration; the importance of | ||||||
2 | calling 911; care for the overdose victim after | ||||||
3 | administration of the overdose antidote; and other issues | ||||||
4 | as necessary.
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5 | (Source: P.A. 96-361, eff. 1-1-10.)
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6 | Section 10. The State Police Act is amended by changing | ||||||
7 | Section 9 as follows:
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8 | (20 ILCS 2610/9) (from Ch. 121, par. 307.9)
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9 | Sec. 9. Appointment; qualifications.
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10 | (a) Except as otherwise provided in this Section, the | ||||||
11 | appointment of
Department of State Police officers shall be | ||||||
12 | made from those applicants who
have been certified by the Board | ||||||
13 | as being qualified for appointment. All
persons so appointed | ||||||
14 | shall, at the time of their appointment, be not less than
21 | ||||||
15 | years of age, or 20 years of age and have successfully | ||||||
16 | completed 2 years of
law enforcement studies , including | ||||||
17 | training in the administration of opioid antidotes, as defined | ||||||
18 | in paragraph (4) of subsection (d) of Section 5-23 of the | ||||||
19 | Alcoholism and Other Drug Abuse and Dependency Act, for use in | ||||||
20 | prehospital emergency medical care, at an accredited college or | ||||||
21 | university. Any person
appointed subsequent to successful | ||||||
22 | completion of 2 years of such law
enforcement studies shall not | ||||||
23 | have power of arrest, nor shall he be permitted
to carry | ||||||
24 | firearms, until he reaches 21 years of age. In addition,
all |
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1 | persons so certified for appointment shall be of sound mind and | ||||||
2 | body, be of
good moral character, be citizens of the United | ||||||
3 | States, have no criminal
records, possess such prerequisites of | ||||||
4 | training, education and experience as
the Board may from time | ||||||
5 | to time prescribe, and shall be required to pass
successfully | ||||||
6 | such mental and physical tests and examinations as may be
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7 | prescribed by the Board. Notwithstanding any Board rule to the | ||||||
8 | contrary, all persons who either: (i) have been honorably | ||||||
9 | discharged and who have been awarded a Southwest Asia Service | ||||||
10 | Medal, Kosovo Campaign Medal, Korean Defense Service Medal, | ||||||
11 | Afghanistan Campaign Medal, Iraq Campaign Medal, or Global War | ||||||
12 | on Terrorism Expeditionary Medal by the United States Armed | ||||||
13 | Forces or (ii) are active members of the Illinois National | ||||||
14 | Guard or a reserve component of the United States Armed Forces | ||||||
15 | and who have been awarded a Southwest Asia Service Medal, | ||||||
16 | Kosovo Campaign Medal, Korean Defense Service Medal, | ||||||
17 | Afghanistan Campaign Medal, Iraq Campaign Medal, or Global War | ||||||
18 | on Terrorism Expeditionary Medal as a result of honorable | ||||||
19 | service during deployment on active duty, are deemed to have | ||||||
20 | met the collegiate educational requirements. Preference shall | ||||||
21 | be given in such appointments to
persons who have honorably | ||||||
22 | served in the military or naval services of the
United States. | ||||||
23 | All appointees shall serve a probationary period of 12 months
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24 | from the date of appointment and during that period may be | ||||||
25 | discharged at the
will of the Director. However, the Director | ||||||
26 | may in his or her sole discretion
extend the probationary |
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1 | period of an officer up to an additional 6 months when
to do so | ||||||
2 | is deemed in the best interest of the Department.
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3 | (b) Notwithstanding the other provisions of this Act, after | ||||||
4 | July 1,
1977 and before July 1, 1980, the Director of State | ||||||
5 | Police may appoint and
promote not more than 20 persons having | ||||||
6 | special qualifications as special
agents as he deems necessary | ||||||
7 | to carry out the Department's objectives. Any
such appointment | ||||||
8 | or promotion shall be ratified by the Board.
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9 | (c) During the 90 days following the effective date of this | ||||||
10 | amendatory Act
of 1995, the Director of State Police may | ||||||
11 | appoint up to 25 persons as State
Police officers. These | ||||||
12 | appointments shall be made in accordance with the
requirements | ||||||
13 | of this subsection (c) and any additional criteria that may be
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14 | established by the Director, but are not subject to any other | ||||||
15 | requirements of
this Act. The Director may specify the initial | ||||||
16 | rank for each person appointed
under this subsection.
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17 | All appointments under this subsection (c) shall be made | ||||||
18 | from personnel
certified by the Board. A person certified by | ||||||
19 | the Board and appointed by the
Director under this subsection | ||||||
20 | must have been employed by the Illinois Commerce
Commission on | ||||||
21 | November 30, 1994 in a job title
subject to the Personnel Code | ||||||
22 | and in a position for which the person was
eligible to earn | ||||||
23 | "eligible creditable service" as a "noncovered employee", as
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24 | those terms are defined in Article 14 of the Illinois Pension | ||||||
25 | Code.
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26 | Persons appointed under this subsection (c) shall |
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1 | thereafter be subject to
the same requirements and procedures | ||||||
2 | as other State police officers. A person
appointed under this | ||||||
3 | subsection must serve a probationary period of 12 months
from | ||||||
4 | the date of appointment, during which he or she may be | ||||||
5 | discharged at the
will of the Director.
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6 | This subsection (c) does not affect or limit the Director's | ||||||
7 | authority to
appoint other State Police officers under | ||||||
8 | subsection (a) of this Section.
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9 | (Source: P.A. 97-640, eff. 12-19-11; 98-54, eff. 1-1-14.)
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10 | Section 15. The Illinois Police Training Act is amended by | ||||||
11 | adding Section 10.17 as follows:
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12 | (50 ILCS 705/10.17 new) | ||||||
13 | Sec. 10.17. Training; opioid antidotes. The Illinois Law | ||||||
14 | Enforcement Training Standards Board shall conduct or approve a | ||||||
15 | training program in opioid antidotes, as defined in paragraph | ||||||
16 | (4) of subsection (d) of Section 5-23 of the Alcoholism and | ||||||
17 | Other Drug Abuse and Dependency Act, use for law enforcement | ||||||
18 | officers of local government agencies. The purpose of that | ||||||
19 | training shall be to equip law enforcement officers of local | ||||||
20 | government agencies to administer opioid antidotes for use in | ||||||
21 | prehospital emergency medical care.
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22 | Section 20. The Illinois Fire Protection Training Act is | ||||||
23 | amended by changing Section 8 as follows:
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1 | (50 ILCS 740/8) (from Ch. 85, par. 538)
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2 | Sec. 8. Rules and minimum standards for schools. The Office
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3 | shall adopt rules and minimum standards for such
schools which | ||||||
4 | shall include but not be limited to the following:
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5 | a. Minimum courses of study, resources, facilities, | ||||||
6 | apparatus,
equipment, reference material, established records | ||||||
7 | and procedures as
determined by the Office.
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8 | b. Minimum requirements for instructors.
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9 | c. Minimum basic training requirements, which a trainee | ||||||
10 | must
satisfactorily complete before being eligible for | ||||||
11 | permanent employment
as a fire fighter in the fire department | ||||||
12 | of a participating local
governmental agency.
Those | ||||||
13 | requirements shall include , but are not limited to, training in | ||||||
14 | first aid (including
cardiopulmonary resuscitation) and | ||||||
15 | training in the administration of opioid antidotes, as defined | ||||||
16 | in paragraph (4) of subsection (d) of Section 5-23 of the | ||||||
17 | Alcoholism and Other Drug Abuse and Dependency Act, for use in | ||||||
18 | prehospital emergency medical care .
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19 | (Source: P.A. 88-661, eff. 1-1-95.)
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.
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