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Public Act 104-0321 | ||||
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AN ACT concerning regulation. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Emergency Medical Services (EMS) Systems | ||||
Act is amended by changing Section 3.233 as follows: | ||||
(210 ILCS 50/3.233) | ||||
Sec. 3.233. Opioid overdose reporting. | ||||
(a) In this Section: | ||||
"Covered vehicle service provider" means a licensed | ||||
vehicle service provider that is a municipality with a | ||||
population of 1,000,000 or greater . | ||||
"Covered vehicle service provider personnel" means | ||||
individuals licensed by the Department as EMTs, EMT-Is, | ||||
A-EMTs, Paramedics, PHRNs, PHAPRNs, or PHPAs an EMT, EMT-I, | ||||
A-EMT, or EMT-P who are employed by a covered vehicle service | ||||
provider. | ||||
"Opioid" means any narcotic containing opium or one or | ||||
more of its natural or synthetic derivatives. | ||||
"Overdose" means a physiological event that results in a | ||||
life-threatening emergency to an individual who ingested, | ||||
inhaled, injected, or otherwise bodily absorbed an opioid. | ||||
(b) Covered vehicle service provider personnel who treat | ||||
and either release or transport to a health care facility an |
individual experiencing a suspected or an actual overdose | ||
shall document in the patient's care report the information | ||
specified in subsection (c) within 24 hours of the initial | ||
reporting of the incident. | ||
(c) A patient care report of an overdose made under this | ||
Section shall include: | ||
(1) the date and time of the overdose; | ||
(2) the location in latitude and longitude, to no more | ||
than 4 decimal places, where the overdose victim was | ||
initially encountered by the covered vehicle service | ||
provider personnel; | ||
(3) whether one or more doses of an opioid overdose | ||
reversal drug were administered; and | ||
(4) whether the overdose was fatal or nonfatal when | ||
the overdose victim was initially encountered by the | ||
covered vehicle service provider personnel and during the | ||
transportation of the victim to a health care facility. | ||
(d) Upon receipt of a patient care report that documents | ||
an overdose, the Department a covered vehicle service provider | ||
shall report the information listed under subsection (c) to: | ||
(i) the Washington/Baltimore High Intensity Drug | ||
Trafficking Area Overdose Detection Mapping Application; | ||
or | ||
(ii) any similar information technology platform with | ||
secure access operated by the federal government or a unit | ||
of State state or local government, as determined by the |
covered vehicle service provider and as approved by the | ||
Department . | ||
(e) Overdose information reported by a covered vehicle | ||
service provider under this Section shall not be used in an | ||
opioid use-related criminal investigation , or prosecution , | ||
welfare checks, or warrant checks of the individual who was | ||
treated by the covered vehicle service provider personnel for | ||
experiencing the suspected or actual overdose. Any misuse of | ||
the information reported by a covered vehicle service provider | ||
shall result in, but is not limited to, the Department | ||
reporting misuse to the Washington/Baltimore High Intensity | ||
Drug Trafficking Area Overdose Detection Mapping Application | ||
or a similar technology platform. The Department may adopt | ||
rules to set forth standards under which misuse of access may | ||
be reported to the Washington/Baltimore High Intensity Drug | ||
Trafficking Area Overdose Detection Map or a similar platform | ||
based on misuse or misconduct by a covered vehicle service | ||
provider or other individual or entity at the discretion of | ||
the Department. | ||
(f) Covered vehicle service providers or covered vehicle | ||
service provider personnel that in good faith make a report | ||
under this Section shall be immune from civil or criminal | ||
liability for making the report. | ||
(g) No data that allows for or creates a risk of | ||
identification of an individual or individuals experiencing a | ||
suspected or actual overdose treated by the covered vehicle |
service provider personnel shall be submitted to the | ||
Washington/Baltimore High Intensity Drug Trafficking Area | ||
Overdose Detection Mapping Application or a similar technology | ||
platform. | ||
(h) Covered vehicle service provider personnel may report | ||
overdose surveillance through an identified technology | ||
platform for the use of overdose surveillance under exceptions | ||
to the Health Insurance Portability and Accountability Act of | ||
1996 and the reported data shall only be used to support public | ||
safety and public health efforts. | ||
(i) Efforts shall be made by the Department to enhance | ||
sharing of information to identify areas of need and provide | ||
harm reduction resources and strategies when and where it is | ||
most needed. This may include working with the Regional Care | ||
Coordination Advisory Councils or the formation of a risk | ||
reduction advisory group that may include State and local | ||
public health, health care, and harm reduction providers, and | ||
first responders and law enforcement to address harm reduction | ||
instead of criminal prosecution. | ||
(j) The Department shall partner with harm reduction | ||
providers, local health departments, and law enforcement to | ||
identify performance measures for the use of the overdose | ||
detection mapping system surveillance data and monitor the | ||
impact of the use of the system and its data. This data shall | ||
also be used to develop and implement evidence-based | ||
strategies to prevent opioid overdoses. |
(Source: P.A. 101-320, eff. 8-9-19; 102-558, eff. 8-20-21.) |