Bill Requiring Local Libraries to Stock “Opioid Antagonists” Passes Both Houses of General Assembly
The spring 2025 legislative session of the Illinois General Assembly has come to an end after months of debate on a wide variety of proposed legislation. One update that caught our attention is the unanimous approval of House Bill 1910 (Bill) by both chambers. If signed by the Governor, this Bill would amend the Local Library Act to require all "libraries open to the public" to maintain a supply of approved “opioid antagonists,” such as Naloxone (Narcan), for use in assisting individuals experiencing an opioid overdose.
The Bill requires libraries to take all reasonable steps to make sure that, during operating hours, there is at least one person present in the library trained to (1) recognize and respond to an opioid overdose and (2) administer the opioid antagonist to reverse the effects of the overdose. Library personnel may administer an opioid antagonist to any person who they believe is experiencing an overdose on library property or at a library-sponsored event. The Bill provides immunity for libraries and their personnel related to the administration of an opioid antagonist, except in situations where they engage in willful or wanton misconduct.
After reviewing the Bill, we want to flag two items of interest for our readers.
First, the Bill only amends the Local Library Act, and there appears to be no corresponding legislation to amend the Public Library District Act. While the Bill states that these new requirements apply to "[a]ll libraries open to the general public" in Illinois, the Local Library Act (the only statute this Bill amends) only covers public libraries established under the Local Library Act and not library districts. This raises a question as to the scope of the Bill's application, given the inconsistency of language used in the Bill (applies to all public libraries) and the only statute the Bill proposes to amend (the Local Library Act).
Additionally, the Bill provides that libraries may obtain an approved opioid antagonist from “any lawful source,” but does not reference funding to cover the cost of the medication or training for library personnel. Absent further legislation, grants, or other opportunities for funding, libraries may need to be prepared to cover the costs associated with compliance.
The Bill has been sent to Governor Pritzker for consideration. If the Bill is signed into law, Illinois libraries (at the very least, those libraries established under the Local Library Act) will need to stock a supply of opioid antagonists, work with staff to complete the required training, and otherwise ensure compliance with the requirements of the new law.
Post Authored by Erin Monforti & Julie Tappendorf, Ancel Glink
Once the bill is signed by the Governor, does it take effect immediately? Or is there a separate "go live" date when libraries have to be trained and supplied by?
ReplyDeleteAs a general rule, state statute provides that if a bill is passed before June 1 of any year, it becomes effective on January 1 of the following year unless the bill includes language specifying a different effective date or states that it is effective immediately. At this time, the bill does not include a specific effective date, so unless something changes when the Governor signs it, it would become effective on January 1, 2026. But, you should confirm that with your attorney if the Governor does sign the legislation into law.
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