Amends the Substance Use Disorder Act. Requires the Department of Human Services to establish a mechanism to collect research and data regarding overdose prevention sites (OPSs) and prepare a report for the General Assembly within 12 months after the effective date of the amendatory Act. Provides that the report shall contain information on (1) current research on the effectiveness of an OPS as an overdose prevention strategy; (2) OPS best practices for staffing, placement, and activities; and (3) the benefits and challenges of different OPS models - structures and settings. Requires the Department, in collaboration with people with lived experience, to develop a pilot service, subject to available funding, aimed at saving the lives of people who use substances that shall include the establishment of at least one OPS. Requires the pilot OPSs to 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 connect to community supports or other existing treatment and recovery programs, harm reduction services, and health care. Contains provisions concerning certain principles pilot OPSs must abide by; OPS staffing and location requirements; pilot OPS services; and other matters. Permits the Department to approve an entity to operate a pilot program in one or more jurisdictions. Grants criminal and civil immunity to persons who use pilot OPSs services; pilot OPS staff; and any real property owner upon which the OPS site is located or operates. Contains provisions on public awareness outreach; OPS reporting requirements; home rule exemption; and other matters. Effective immediately.
House Committee Amendment No. 1: Provides that the Department of Human Services shall have the authority to approve any pilot overdose prevention site, including establishing minimum standards for patient, client, and participant safety and compliance and monitoring procedures. Provides that any entity approved (rather than licensed) as an OPS Harm Reduction Services provider may operate an overdose prevention site as authorized by the Department. Makes some technical changes.
House Floor Amendment No. 4: Replaces everything after the enacting clause. Amends the Substance Use Disorder Act. Establishes an advisory committee to (i) advise and consult with the Department of Human Services on the establishment of an education program for community stakeholders on the benefits of overdose prevention sites (OPS) and (ii) the adoption of rules to authorize the establishment and maintenance of a pilot OPS that shall operate in a municipality with a population greater than 2,000,000. Contains provisions on the committee's membership. Provides that rules adopted by the Department must address the operation standards for the pilot OPS, location requirements and required services, methods of data collection and community outreach, and any other matters for the proper administration of the pilot OPS. Requires the Department to determine at least 3 optional locations within a qualifying municipality for the pilot OPS. Provides that location priority shall be given to communities that have the highest number of fatal and nonfatal overdoses and that specifically target high-risk and socially marginalized drug users. Provides that all proposed optional locations must have municipal approval, and a final administrative decision for the operation of no more than one facility must be approved by rule before the pilot OPS can begin operations. Requires the Department to prepare a report to the General Assembly based on its data collection regarding overdose prevention sites within 12 months after the starting operation date of the pilot OPS. Grants limited immunity to persons employed at or participating in activities related to the creation, maintenance, or use of the pilot OPS. Requires the entity or entities operating the pilot OPS to submit a report to the Department on the number of people who use services provided by the pilot OPS and other information regarding the OPS' operations. Requires the Department to submit a final report, with recommendations, to the General Assembly 4 years after the starting date of the OPS' operations. Effective immediately.

Statutes affected:
Introduced: 20 ILCS 301/5