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Illinois General Assembly· HB 3645Governor Approved

EMS-OPIOID OVERDOSE REPORTS, the official text

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HB3645 Enrolled                     LRB104 09244 BAB 19301 b

1   AN ACT concerning regulation.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Emergency Medical Services (EMS) Systems

5 Act is amended by changing Section 3.233 as follows:

6   (210 ILCS 50/3.233)

7   Sec. 3.233. Opioid overdose reporting.

8   (a) In this Section:

9   "Covered vehicle service provider" means a licensed

10 vehicle service provider that is a municipality with a

11 population of 1,000,000 or greater.

12  "Covered vehicle service provider personnel" means

13 individuals licensed by the Department as EMTs, EMT-Is,

14 A-EMTs, Paramedics, PHRNs, PHAPRNs, or PHPAs an EMT, EMT-I,

15 A-EMT, or EMT-P who are employed by a covered vehicle service

16 provider.

17  "Opioid" means any narcotic containing opium or one or

18 more of its natural or synthetic derivatives.

19  "Overdose" means a physiological event that results in a

20 life-threatening emergency to an individual who ingested,

21 inhaled, injected, or otherwise bodily absorbed an opioid.

22  (b) Covered vehicle service provider personnel who treat

23 and either release or transport to a health care facility an
    HB3645 Enrolled           -2-  LRB104 09244 BAB 19301 b

1 individual experiencing a suspected or an actual overdose

2 shall document in the patient's care report the information

3 specified in subsection (c) within 24 hours of the initial

4 reporting of the incident.

5   (c) A patient care report of an overdose made under this

6 Section shall include:

7       (1) the date and time of the overdose;

8       (2) the location in latitude and longitude, to no more

9   than 4 decimal places, where the overdose victim was

10  initially encountered by the covered vehicle service

11  provider personnel;

12      (3) whether one or more doses of an opioid overdose

13  reversal drug were administered; and

14      (4) whether the overdose was fatal or nonfatal when

15  the overdose victim was initially encountered by the

16  covered vehicle service provider personnel and during the

17  transportation of the victim to a health care facility.

18  (d) Upon receipt of a patient care report that documents

19 an overdose, the Department a covered vehicle service provider

20 shall report the information listed under subsection (c) to:

21      (i) the Washington/Baltimore High Intensity Drug

22  Trafficking Area Overdose Detection Mapping Application;

23  or

24      (ii) any similar information technology platform with

25  secure access operated by the federal government or a unit

26  of State state or local government, as determined by the
    HB3645 Enrolled  -3-             LRB104 09244 BAB 19301 b

1   covered vehicle service provider and as approved by the

2   Department.

3   (e) Overdose information reported by a covered vehicle

4 service provider under this Section shall not be used in an

5 opioid use-related criminal investigation, or prosecution,

6 welfare checks, or warrant checks of the individual who was

7 treated by the covered vehicle service provider personnel for

8 experiencing the suspected or actual overdose. Any misuse of

9 the information reported by a covered vehicle service provider

10 shall result in, but is not limited to, the Department

11 reporting misuse to the Washington/Baltimore High Intensity

12 Drug Trafficking Area Overdose Detection Mapping Application

13 or a similar technology platform. The Department may adopt

14 rules to set forth standards under which misuse of access may

15 be reported to the Washington/Baltimore High Intensity Drug

16 Trafficking Area Overdose Detection Map or a similar platform

17 based on misuse or misconduct by a covered vehicle service

18 provider or other individual or entity at the discretion of

19 the Department.

20  (f) Covered vehicle service providers or covered vehicle

21 service provider personnel that in good faith make a report

22 under this Section shall be immune from civil or criminal

23 liability for making the report.

24  (g) No data that allows for or creates a risk of

25 identification of an individual or individuals experiencing a

26 suspected or actual overdose treated by the covered vehicle
    HB3645 Enrolled  -4-              LRB104 09244 BAB 19301 b

1 service provider personnel shall be submitted to the

2 Washington/Baltimore High Intensity Drug Trafficking Area

3 Overdose Detection Mapping Application or a similar technology

4 platform.

5   (h) Covered vehicle service provider personnel may report

6 overdose surveillance through an identified technology

7 platform for the use of overdose surveillance under exceptions

8 to the Health Insurance Portability and Accountability Act of

9 1996 and the reported data shall only be used to support public

10 safety and public health efforts.

11  (i) Efforts shall be made by the Department to enhance

12 sharing of information to identify areas of need and provide

13 harm reduction resources and strategies when and where it is

14 most needed. This may include working with the Regional Care

15 Coordination Advisory Councils or the formation of a risk

16 reduction advisory group that may include State and local

17 public health, health care, and harm reduction providers, and

18 first responders and law enforcement to address harm reduction

19 instead of criminal prosecution.

20  (j) The Department shall partner with harm reduction

21 providers, local health departments, and law enforcement to

22 identify performance measures for the use of the overdose

23 detection mapping system surveillance data and monitor the

24 impact of the use of the system and its data. This data shall

25 also be used to develop and implement evidence-based

26 strategies to prevent opioid overdoses.
HB3645 Enrolled  -5-  LRB104 09244 BAB 19301 b

1 (Source: P.A. 101-320, eff. 8-9-19; 102-558, eff. 8-20-21.)
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