Illinois 103rd Regular Session Status: In Committee Bipartisan · 16 D · 1 R cosponsors

HB 2 — DHS-OVERDOSE PREVENTION SITES

Last action — Added Co-Sponsor Rep. Steven Reick

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 103rd Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Substance Use Disorder Act. Requires the Department of Human Services to (i) establish a new intervention license category entitled "OPS Harm Reduction Services", (ii) establish standards for entities to become licensed under the OPS Harm Reduction Services category, and (iii) create a licensing application process. Provides that, notwithstanding any other law, ordinance, or regulation, any entity licensed as an OPS Harm Reduction Services provider may operate an overdose prevention site as authorized by the Department. Requires the Department to make a determination as to whether to approve an entity's application for an OPS Harm Reduction Services license within 4 weeks after the date upon which the entity submitted its application to the Department. Requires the Department to help educate local communities and public and private entities about overdose prevention sites and the evidence regarding the benefits of overdose prevention sites. Requires entities approved to operate an overdose prevention site to, at a minimum, provide a hygienic space where participants may consume pre-obtained substances, maintain a supply of naloxone and oxygen on-site, employ staff trained to administer first aid to participants who are experiencing an overdose, provide secure hypodermic needle and syringe disposal services, encourage drug checking or the use of fentanyl test strips, and other services. Requires licensed entities to submit a report to the Department on the number of participants who have received or are receiving services at the overdose prevention site and other matters. Grants immunity from civil or criminal liability to specified persons. Preempts home rule powers.

Bill Text

What changed in the latest version

181 added · 198 removed

Plain-language change summary

The amended version of HB 2 introduces a new section focused on "Harm Reduction Services," specifically establishing "Overdose Prevention Sites" (OPS) where individuals can safely consume substances. It allows for the creation of a pilot program for these sites, which will be exempt from certain licensing requirements until necessary regulations are developed. This change is significant because it aims to provide a safer environment for individuals at high risk of overdose, promoting both health and access to treatment options while reducing the risks associated with drug use in unsafe conditions.

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*LRB10304457KTG49463b* HB0002 103RD GENERAL ASSEMBLY State of Illinois and 2024 HB0002 Introduced 1/12/2023, by Rep.
HB0002 Engrossed LRB103 04457 KTG 49463 b AN ACT concerning State government.
La Shawn K.
Ford SYNOPSIS AS INTRODUCED:
ILCS 301/5-26 new ILCS 301/15-10 Amends the Substance Use Disorder Act.
Requires the Department of Human Services to (i) establish a new intervention license category entitled "OPS Harm Reduction Services", (ii) establish standards for entities to become licensed under the OPS Harm Reduction Services category, and (iii) create a licensing application process.
Provides that, notwithstanding any other law, ordinance, or regulation, any entity licensed as an OPS Harm Reduction Services provider may operate an overdose prevention site as authorized by the Department.
Requires the Department to make a determination as to whether to approve an entity's application for an OPS Harm Reduction Services license within 4 weeks after the date upon which the entity submitted its application to the Department.
Requires the Department to help educate local communities and public and private entities about overdose prevention sites and the evidence regarding the benefits of overdose prevention sites.
Requires entities approved to operate an overdose prevention site to, at a minimum, provide a hygienic space where participants may consume pre-obtained substances, maintain a supply of naloxone and oxygen on-site, employ staff trained to administer first aid to participants who are experiencing an overdose, provide secure hypodermic needle and syringe disposal services, encourage drug checking or the use of fentanyl test strips, and other services.
Requires licensed entities to submit a report to the Department on the number of participants who have received or are receiving services at the overdose prevention site and other matters.
Grants immunity from civil or criminal liability to specified persons.
Preempts home rule powers.
LRB103 04457 KTG 49463 b A BILL FOR HB0002 LRB103 04457 KTG 49463 b AN ACT concerning State government.
OPS harm reduction services.
Harm reduction services.
However, many people use drugs alone HB0002 - 2 - LRB103 04457 KTG 49463 b or use them with people who do not have naloxone and are not trained in overdose response.
However, many people use drugs alone HB0002 Engrossed - 2 - LRB103 04457 KTG 49463 b or use them with people who do not have naloxone and are not trained in overdose response.
(B) Reducing the spread of infectious diseases, such as HIV and hepatitis.
(B) Reducing the spread of infectious diseases, such as AIDS and hepatitis.
"Entity" means (i) any community-based organization that provides educational, health, harm reduction, housing, or social services and (ii) any hospital, medical clinic or office, health center, community-based mental health center, or other similar entity that provides medical care.
"Harm reduction" means a philosophical framework and set of strategies designed to reduce harm and promote dignity and well-being among persons and communities who engage in substance use.
"Harm reduction" refers to a philosophical framework and set of strategies designed to reduce harm and promote dignity and well-being among persons and communities who engage in substance use.
"Overdose prevention sites" or "OPS" means hygienic locations where individuals may safely consume pre-obtained substances.
HB0002 - 3 - LRB103 04457 KTG 49463 b "Overdose prevention sites" means hygienic locations where individuals may safely consume pre-obtained substances.
"Participant" means an individual who seeks to utilize, utilizes, or has utilized services provided at an overdose prevention site established in accordance with this Section.
The Department shall establish a new intervention license category entitled "OPS Harm Reduction Services" for entities seeking to operate an overdose prevention site to provide harm reduction services to persons who use controlled substances.
The Department shall develop a pilot program aimed at saving the lives of HB0002 Engrossed - 3 - LRB103 04457 KTG 49463 b people who use substances that shall include the establishment of at least one overdose prevention site.
Within 12 months after the effective date of this amendatory Act of the 103rd General Assembly, the Department shall establish standards for entities to become licensed under the OPS Harm Reduction Services category and shall create an application process for entities to apply for and obtain an OPS Harm Reduction Services license.
The pilot overdose prevention sites shall be exempt from the intervention licensure requirements under Section 15-10 for harm reduction services until the Department has adopted rules for harm reduction services.
These standards shall be informed by harm reduction principles and developed with the input of persons who use or formerly used controlled substances.
Overdose prevention sites shall offer people who are most likely to use drugs in public, unobserved, high-risk, and unsanitary locations a safe space to use pre-obtained substances and to connect with community supports or other existing treatment and recovery programs, harm reduction services, and health care.
Notwithstanding any other law, ordinance, or regulation, any entity licensed as an OPS Harm Reduction Services provider may operate an overdose prevention site as authorized by the Department.
(d) Pilot overdose prevention sites shall abide by the following principles:
(d) The Department shall make a determination as to whether to approve an entity's application for an OPS Harm Reduction Services license within 4 weeks after the date upon which the entity submitted its application to the Department.
(1) Nothing About Us Without Us:
HB0002 - 4 - LRB103 04457 KTG 49463 b No OPS Harm Reduction Services license shall be granted to an entity seeking to operate an overdose prevention site in a municipality with a population of less than 2,500,000 inhabitants until such entity is first licensed to operate an overdose prevention site in a municipality with a population of 2,500,000 or more inhabitants.
OPS programs and services shall be formulated with transparency, community involvement, and direct input by people who use substances.
Each initial license shall be valid for 2 years and, after the initial 2-year license period, may be renewed for a specified period as determined by the Department.
(2) Equity:
An entity may apply for an OPS Harm Reduction Services license at any time, regardless of previous applications.
OPS staff and programs shall provide equal support, services, and resources to all participants and ensure accessibility to the greatest extent possible.
The Department shall help educate local communities and public and private entities, such as public safety organizations, social service groups, school districts, faith communities, and businesses, about overdose prevention sites and the evidence regarding the benefits of overdose prevention sites.
(3) Harm Reduction:
(e) Overdose prevention site features.
OPS programs and services shall prioritize individual dignity and autonomy in decision-making while encouraging people to reduce high-risk behaviors.
An entity approved to operate an overdose prevention site shall, at a minimum:
(4) OPS programs and services shall affirm the humanity and dignity of people who use substances and HB0002 Engrossed - 4 - LRB103 04457 KTG 49463 b shall be operated in a way that is safe, clean, inclusive, and welcoming to reduce stigma and build trust.
(1) provide a hygienic space where participants may consume pre-obtained substances;
(5) OPS programs and services shall prioritize relationship-building and trust among staff and participants in order to create safe spaces and provide increased opportunities to connect with additional services that promote health and well-being.
(2) maintain a supply of naloxone and oxygen on-site, together with the necessary equipment to administer naloxone and oxygen;
(e) Staffing.
(3) monitor participants for potential overdose;
(1) OPS staff, at a minimum, shall consist of trained peers with lived experience of substance use or overdose, along with other necessary professionals such as community health workers, behavioral health professionals, physicians, nurses, or medical personnel who have been trained in overdose responses.
(4) employ staff trained to administer first aid to HB0002 - 5 - LRB103 04457 KTG 49463 b participants who are experiencing an overdose;
(2) A majority of the OPS staff shall include peers.
(5) provide sterile injection or other substance use supplies, collect used hypodermic needles and syringes, and provide secure hypodermic needle and syringe disposal services in compliance with the Overdose Prevention and Harm Reduction Act and any applicable rules adopted by the Department of Public Health;
(3) Staffing decisions must ensure that participants utilize the service, feel safe, and are connected to resources.
(6) provide safer smoking and safer snorting kits;
(4) The Department may not prohibit persons with criminal records from frontline, management, or executive positions within entities that operate an overdose prevention site.
(7) provide naloxone;
(f) Location.
(8) encourage drug checking or the use of fentanyl test strips;
Pilot overdose prevention sites shall be established in physical locations with high need determined by rates of overdoses and substance use;
(9) provide education on safe consumption practices, the proper disposal of hypodermic needles and syringes, and overdose prevention;
and as a natural development or extension of existing harm reduction and HB0002 Engrossed - 5 - LRB103 04457 KTG 49463 b outreach programming.
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(10) provide referrals to substance use disorder and mental health treatment, medication-assisted treatment or recovery, and other services which address social determinants of health;
Priority shall be given to communities that have the highest number of fatal and non-fatal overdoses as determined by public health data from the Department of Public Health.
(11) offer a quiet and comfortable space for participants to stay safely sheltered and supervised after consuming substances;
Pilot overdose prevention sites shall specifically target high-risk and socially marginalized drug users in a municipality with a population greater than 2,000,000, not to exceed 12 months from implementation.
and (12) train staff members and volunteers to deliver services offered at the overdose prevention site, and maintain an adequate staff of health care professionals or other trained staff or volunteers.
(g) Pilot OPS features.
(f) Reporting.
An overdose prevention site shall at a minimum:
An entity operating an overdose prevention HB0002 - 6 - LRB103 04457 KTG 49463 b site in accordance with this Section shall, within the time frame specified by the Department, submit a report to the Department that shall include:
(1) provide a hygienic space where participants may consume their pre-obtained substances;
(1) the number of participants who have received or are receiving services at the overdose prevention site;
(2) administer first aid, if needed, and monitor participants for potential overdose;
(2) aggregate information regarding the characteristics of those participants reported under paragraph (1);
(3) provide sterile injection or other substance use supplies, collect used hypodermic needles and syringes, provide secure hypodermic needle and syringe disposal services;
(3) the number of hypodermic needles, syringes, and harm reduction supplies distributed for use on-site;
(4) provide access to naloxone or naloxone nasal spray;
(4) the number of overdoses experienced and the number of overdoses reversed on-site;
(5) ensure confidentiality of OPS participants by using an anonymous unique identifier;
(5) the number of participants directly and formally referred to other services and the type of services.
(6) provide education on safe consumption practices, proper disposal of hypodermic needles and syringes, and overdose prevention, including written information in, at a minimum, the 4 most commonly spoken languages in the State as determined by the Department;
(g) Immunity provided.
HB0002 Engrossed - 6 - LRB103 04457 KTG 49463 b (7) provide referrals to substance use disorder and mental health treatment services, medication-assisted treatment or recovery services, recovery support services, medical services, job training and placement services, and other services that address social determinants of health;
Notwithstanding the Illinois Controlled Substances Act, the Drug Paraphernalia Control Act, or any other provision of law to the contrary, the following persons shall not be arrested, charged, or prosecuted for any criminal offense, or be subject to any civil or administrative penalty, including seizure or forfeiture of assets or real property or disciplinary action by a professional licensing board, or be denied any right or privilege solely for participation or involvement at an overdose prevention site approved by the Department under this Act:
(8) provide wound kits;
(1) any individual who seeks to utilize, utilizes, or has utilized services provided at an overdose prevention HB0002 - 7 - LRB103 04457 KTG 49463 b site established in accordance with this Section;
(9) offer a space on-site for participants to stay safely sheltered and supervised after consuming substances;
(2) a staff member or administrator of an overdose prevention site, including a healthcare professional, manager, employee, or volunteer;
and (10) provide adequate staffing by health care professionals or other trained staff.
(h) Other OPS program designs and implementation shall be informed by the target community.
(i) Each pilot overdose prevention site shall track and compile information on the success rate of persons who are referred to and receive additional treatment and recovery support services after utilizing the services provided at the overdose prevention site.
To obtain such information, each pilot overdose prevention site must monitor and collect the following data:
(1) the number of persons who seek and receive services at the overdose prevention site;
(2) the number of persons identified in paragraph (1) who are referred to other substance use treatment and recovery support services offered by another provider;
and (3) the number of persons identified in paragraph (2) HB0002 Engrossed - 7 - LRB103 04457 KTG 49463 b who receive and complete substance use treatment or a program of recovery support services offered by another provider.
Each pilot overdose prevention site shall compile the data and information required under this subsection and submit an annual report on its findings to the Department in a form and manner and on a date prescribed by the Department.
All personally identifiable information shall be excluded from the reports consistent with State and federal privacy protections.
(j) The Department may approve an entity to operate a pilot program in one or more jurisdictions upon satisfaction of the requirements set forth in this Section.
The Department shall establish standards for program approval and training.
(k) Notwithstanding the Illinois Controlled Substances Act, the Drug Paraphernalia Control Act, or any other provision of law to the contrary, the following persons shall not be arrested, charged, or prosecuted for any criminal offense or be subject to any civil or administrative penalty, including seizure or forfeiture of assets or real property or disciplinary action by a professional licensing board, or be denied any right or privilege, solely for participation or involvement in a program approved by the Department under this Act:
(1) any individual who seeks to utilize, utilizes, or has utilized services provided at an overdose prevention site established in accordance with this Section;
HB0002 Engrossed - 8 - LRB103 04457 KTG 49463 b (2) a staff member or administrator of an overdose prevention site, including a healthcare professional, manager, employee, or volunteer;
(h) Home rule preemption.
A home rule unit may not prohibit the establishment or operation of an overdose prevention site as provided in this Section.
This Section is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.
Medication assisted treatment that includes methadone used HB0002 - 8 - LRB103 04457 KTG 49463 b for an opioid use disorder can be licensed as an adjunct to any of the treatment levels of care specified in this Section.
Medication assisted treatment that includes methadone used for an opioid use disorder can be licensed as an adjunct to any of the treatment levels of care specified in this Section.
Categories of service authorized by an intervention license are DUI Evaluation, DUI Risk Education, Designated Program, OPS Harm Reduction Services, and Recovery Homes for persons in any stage of recovery from a substance use disorder.
Categories of service authorized by an intervention license are DUI Evaluation, DUI Risk Education, Designated Program, Harm Reduction Services, and Recovery Homes for persons in any stage of recovery HB0002 Engrossed - 9 - LRB103 04457 KTG 49463 b from a substance use disorder.
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Amendments

2 amendments

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Action History

  1. Added Co-Sponsor Rep. Steven Reick

  2. Rule 19(a) / Re-referred to Rules Committee

  3. Third Reading Deadline Extended-Rule May 31, 2023

  4. Added Co-Sponsor Rep. Lakesia Collins

  5. Added Co-Sponsor Rep. Diane Blair-Sherlock

  6. Land Conveyance Appraisal Note Requested - Withdrawn by Rep. La Shawn K. Ford

  7. Judicial Note Requested - Withdrawn by Rep. La Shawn K. Ford

  8. Housing Affordability Impact Note Requested - Withdrawn by Rep. La Shawn K. Ford

  9. Fiscal Note Requested - Withdrawn by Rep. La Shawn K. Ford

  10. Correctional Note Requested - Withdrawn by Rep. La Shawn K. Ford

  11. Placed on Calendar Order of 3rd Reading - Short Debate

  12. Added Co-Sponsor Rep. Cyril Nichols

  13. Held on Calendar Order of Second Reading - Short Debate

  14. Second Reading - Short Debate

  15. Added Chief Co-Sponsor Rep. Anna Moeller

  16. Do Pass as Amended / Short Debate Appropriations-Health & Human Services Committee; 015-008-000

  17. House Committee Amendment No. 2 Adopted in Appropriations-Health & Human Services Committee; by Voice Vote

  18. House Committee Amendment No. 1 Adopted in Appropriations-Health & Human Services Committee; by Voice Vote

  19. Motion to Suspend Rule 21 - Prevailed 071-040-000

  20. Motion Filed to Suspend Rule 21 Human Services Committee; Rep. Robyn Gabel

  21. Added Co-Sponsor Rep. Norma Hernandez

  22. Added Co-Sponsor Rep. Lindsey LaPointe

  23. Added Co-Sponsor Rep. Sonya M. Harper

  24. Added Co-Sponsor Rep. Justin Slaughter

  25. Balanced Budget Note Filed

  26. Added Co-Sponsor Rep. Kam Buckner

  27. Committee/3rd Reading Deadline Extended-Rule May 19, 2023

  28. State Mandates Fiscal Note Filed

  29. Home Rule Note Filed

  30. State Debt Impact Note Filed

  31. Pension Note Filed

  32. House Committee Amendment No. 2 Rules Refers to Appropriations-Health & Human Services Committee

  33. House Committee Amendment No. 2 Referred to Rules Committee

  34. House Committee Amendment No. 2 Filed with Clerk by Rep. La Shawn K. Ford

  35. House Committee Amendment No. 1 Rules Refers to Appropriations-Health & Human Services Committee

  36. House Committee Amendment No. 1 Referred to Rules Committee

  37. House Committee Amendment No. 1 Filed with Clerk by Rep. La Shawn K. Ford

  38. Added Co-Sponsor Rep. Lilian Jiménez

  39. State Mandates Fiscal Note Requested by Rep. La Shawn K. Ford

  40. State Debt Impact Note Requested by Rep. La Shawn K. Ford

  41. Pension Note Requested by Rep. La Shawn K. Ford

  42. Land Conveyance Appraisal Note Requested by Rep. La Shawn K. Ford

  43. Judicial Note Requested by Rep. La Shawn K. Ford

  44. Housing Affordability Impact Note Requested by Rep. La Shawn K. Ford

  45. Home Rule Note Requested by Rep. La Shawn K. Ford

  46. Fiscal Note Requested by Rep. La Shawn K. Ford

  47. Correctional Note Requested by Rep. La Shawn K. Ford

  48. Balanced Budget Note Requested by Rep. La Shawn K. Ford

  49. Assigned to Appropriations-Health & Human Services Committee

  50. Added Co-Sponsor Rep. Maura Hirschauer

  51. Added Co-Sponsor Rep. Mark L. Walker

  52. Added Co-Sponsor Rep. Bob Morgan

  53. Added Co-Sponsor Rep. Daniel Didech

  54. Added Co-Sponsor Rep. Theresa Mah

  55. Added Chief Co-Sponsor Rep. Will Guzzardi

  56. Added Chief Co-Sponsor Rep. Kelly M. Cassidy

  57. Referred to Rules Committee

  58. First Reading

  59. Prefiled with Clerk by Rep. La Shawn K. Ford

Sponsors

Sponsorship breakdown

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1 sponsors · 18 co-sponsors · 164 not signed on · 7 voted No

Sponsors (1)

Co-sponsors (18)

Not signed on (164)

164 members have not signed on to this bill.

Show all 164 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Approp-Health & Human Services

Passed 15 Yea · 8 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 14001
Unaffiliated 1100
Republican 0700
Total 15801
% of votes cast 63%33%0%4%
How each member voted (24)
Member Party Vote
Egofske, John — Nay
Costa Howard — Yea
Abdelnasser Rashid Democrat Yea
Anna Moeller Democrat Yea
Bob Morgan Democrat Yea
Camille Y. Lilly Democrat Yea
Dagmara Avelar Democrat Not Voting
Hoan Huynh Democrat Yea
Joyce Mason Democrat Yea
Kam Buckner Democrat Yea
Kelly M. Cassidy Democrat Yea
Kevin John Olickal Democrat Yea
La Shawn K. Ford Democrat Yea
Lindsey LaPointe Democrat Yea
Maurice A. West, II Democrat Yea
Michelle Mussman Democrat Yea
Theresa Mah Democrat Yea
Charles Meier Republican Nay
Christopher "C.D." Davidsmeyer Republican Nay
Jackie Haas Republican Nay
Jason R. Bunting Republican Nay
Kevin Schmidt Republican Nay
Ryan Spain Republican Nay
Tom Weber Republican Nay

Official roll call →

Subjects

public-safety healthcare
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Frequently asked questions

What does HB 2 do?
Amends the Substance Use Disorder Act. Requires the Department of Human Services to (i) establish a new intervention license category entitled "OPS Harm Reduction Services", (ii) establish standards for entities to become licensed under the OPS Harm Reduction Services category, and (iii) create a licensing application process. Provides that, notwithstanding any other law, ordinance, or regulation, any entity licensed as an OPS Harm Reduction Services provider may operate an overdose prevention site as authorized by the Department. Requires the Department to make a determination as to whether to approve an entity's application for an OPS Harm Reduction Services license within 4 weeks after the date upon which the entity submitted its application to the Department. Requires the Department to help educate local communities and public and private entities about overdose prevention sites and the evidence regarding the benefits of overdose prevention sites. Requires entities approved to operate an overdose prevention site to, at a minimum, provide a hygienic space where participants may consume pre-obtained substances, maintain a supply of naloxone and oxygen on-site, employ staff trained to administer first aid to participants who are experiencing an overdose, provide secure hypodermic needle and syringe disposal services, encourage drug checking or the use of fentanyl test strips, and other services. Requires licensed entities to submit a report to the Department on the number of participants who have received or are receiving services at the overdose prevention site and other matters. Grants immunity from civil or criminal liability to specified persons. Preempts home rule powers.
Who sponsors HB 2?
HB 2 is sponsored by La Shawn K. Ford (Democrat), Kelly M. Cassidy (Democrat), Will Guzzardi (Democrat), Anna Moeller (Democrat), Theresa Mah (Democrat), Daniel Didech (Democrat), Bob Morgan (Democrat), Mark L. Walker (Democrat), Maura Hirschauer (Democrat), Lilian Jiménez (Democrat), Kam Buckner (Democrat), Justin Slaughter (Democrat), Sonya M. Harper (Democrat), Lindsey LaPointe (Democrat), Norma Hernandez (Democrat), Cyril Nichols, Diane Blair-Sherlock (Democrat), Barbara Hernández, and Steven Reick (Republican).
What is the current status of HB 2?
This bill died with 103rd Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2?
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