Public Act 104-0321
 
HB3645 EnrolledLRB104 09244 BAB 19301 b

    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.)