AUTHORITY: Implementing and authorized by Division 5-25 of the Counties Code [55 ILCS 5]; the Public Health District Act [70 ILCS 905]; the Illinois Municipal Code [65 ILCS 5]; and Section 2310-15 of the Civil Administrative Code of Illinois [20 ILCS 2310/2310-15].

SOURCE: Filed October 20, 1977; Part repealed, new Part adopted at 5 Ill. Reg. 1415, effective July 1, 1981; codified at 8 Ill. Reg. 16335; amended at 14 Ill. Reg. 805, effective January 1, 1990; Part repealed, new Part adopted by emergency rules at 17 Ill. Reg. 13002, effective July 21, 1993, for a maximum of 150 days; emergency expired on December 18, 1993; Part repealed, new Part adopted at 18 Ill. Reg. 4320, effective March 1, 1994; emergency amendment at 20 Ill. Reg. 3974, effective February 16, 1996, for a maximum of 150 days; emergency expired on July 15, 1996; amended at 21 Ill. Reg. 2960, effective February 20, 1997; amended at 26 Ill. Reg. 421, effective January 1, 2002; emergency amendment at 26 Ill. Reg. 18051, effective December 6, 2002, for a maximum of 150 days; emergency expired May 4, 2003; amended at 27 Ill. Reg. 15973, effective October 1, 2003; amended at 28 Ill. Reg. 12030, effective August 3, 2004; amended at 30 Ill. Reg. 13412, effective July 27, 2006; amended at 39 Ill. Reg. 5860, effective April 10, 2015.

SUBPART A: GENERAL PROVISIONS

 

Section 615.100  Definitions

 

            "Department" means the Illinois Department of Public Health.

 

            "Director" means the Director of the Illinois Department of Public Health.

 

"Health Care Provider" means any person or entity that offers medical care for the purpose of preventing, alleviating, curing or healing human illness or injury.  Health care provider includes, but is not limited to, physicians, physician assistants, nurse practitioners, nurses, paramedics, emergency medical technicians, hospitals, medical clinics, long-term care facilities, pharmacies and medical laboratories.

 

            "Health Protection Program" means any program, service or activity performed by a local health department that is intended to prevent or reduce the incidence of disease, death or disability caused by infectious diseases; exposure to hazardous or toxic substances; or unsafe food, water, air, consumer products, or other environmental exposure.

 

 

            "Local Health Department" means a local governmental agency that administers and assures health-related programs and services within its jurisdiction and that is certified pursuant to 77 Ill. Adm. Code 600.210 (Certified Local Health Department Code − Certification).

 

"Local Health Partner" means a public or private organization that collaborates with a local health department on health-related programs and services to improve the health of residents in the local health department's jurisdiction.

 

"Local Health Protection Grant" means a grant made by the Department to a local health department for health protection programs including, but not limited to, Infectious Diseases, Food Protection, Potable Water Supply and Private Sewage Disposal.

 

            "Partner Services" means services offered to persons diagnosed with HIV, syphilis, gonorrhea or chlamydia and to their partners.  These services include a voluntary process of interviewing infected individuals to elicit and subsequently notify sex and needle sharing partners of possible exposure or potential risk of exposure to infection.  Partner services facilitate testing and treatment of exposed partners and referrals to support services as needed.  Partner services are integral in identifying and treating previously undiagnosed and untreated cases of sexually transmitted infections, including HIV, resulting in decreased transmission of infection in the community.

 

"Secure Management" means the protection of public health data and information systems to prevent unauthorized release of identifying information and accidental loss of data or damage to the systems.  Security measures include procedures to detect, document and counter threats to data confidentiality or the integrity of data systems.

 

"State Fiscal Year" means any 12-month period beginning on July 1 of one year and ending on June 30 of the following year.

 

"Substantial Compliance" means meeting requirements set forth in this Part, except for variations from the strict and literal performance of the requirements that result in insignificant omissions and defects, given the particular circumstances and the incidence and history of the omissions and defects.  Omissions and defects that have an adverse impact on public health and safety shall not be considered insignificant and shall be considered substantial noncompliance.

 

(Source:  Amended at 39 Ill. Reg. 5860, effective April 10, 2015)

 

Section 615.110  Incorporated and Referenced Materials

 

a)         The following federal guidelines are incorporated by reference in this Part:

 

1)         "Standards for Pediatric Immunization Practices" (February 1993), Centers for Disease Control and Prevention, Information Services Office, National Center for Prevention Services, 1600 Clifton Road, Atlanta GA 30333.

 

2)         "Sexually Transmitted Diseases Treatment Guidelines" (December 2010), U.S. Department of Health and Human Services, Public Health Service, Centers for Disease Control and Prevention, 1600 Clifton Road, Atlanta GA 30333.

 

3)         "Recommendations of the Advisory Committee on Immunization Practices (ACIP)" (January 2011), National Center for Immunization and Respiratory Diseases, 1600 Clifton Road, Atlanta GA 30333, published at http://www.cdc.gov/vaccines/pubs/ACIP-list.htm.

 

4)         "Data Security and Confidentiality Guidelines for HIV, Viral Hepatitis, Sexually Transmitted Disease, and Tuberculosis Programs" (2011), U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, 1600 Clifton Road, Atlanta GA 30333.

 

b)         All incorporations of federal guidelines refer to the guidelines on the date specified and do not include any amendments or editions subsequent to the date specified.

 

c)         The following Illinois statutes are referenced in this Part:

 

1)         Section 2310-15 of the Civil Administrative Code of Illinois [20 ILCS 2310/2310-15]

 

2)         Counties Code [55 ILCS 5]

 

3)         Illinois Municipal Code [65 ILCS 5]

 

4)         Public Health District Act [70 ILCS 95]

 

5)         School Code [105 ILCS 5]

 

6)         Environmental Health Practitioner Licensing Act [225 ILCS 37]

 

7)         Medical Practice Act of 1987 [225 ILCS 60]

 

8)         Nurse Practice Act [225 ILCS 65]

 

9)         Private Sewage Disposal Licensing Act [225 ILCS 225]

 

10)         Illinois Water Well Contractors Licensing Act [225 ILCS 245]

 

            d)         The following Illinois administrative rules are referenced in this Part:

 

1)         Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100)

 

2)         Certified Local Health Department Code (77 Ill. Adm. Code 600)

 

3)         Control of Communicable Diseases Code (77 Ill. Adm. Code 690)

 

4)         Control of Sexually Transmissible Infections Code (77 Ill. Adm. Code 693)

 

5)         Control of Tuberculosis Code (77 Ill. Adm. Code 696)

 

6)         HIV/AIDS Confidentiality and Testing Code (77 Ill. Adm. Code 697)

 

7)         Food Service Sanitation Code (77 Ill. Adm. Code 750)

 

8)         Public Area Sanitary Practice Code (77 Ill. Adm. Code 895)

 

9)         Drinking Water Systems Code (77 Ill. Adm. Code 900)

 

10)        Private Sewage Disposal Code (77 Ill. Adm. Code 905)

 

11)        Water Well Construction Code (77 Ill. Adm. Code 920)

 

12)        Illinois Water Well Pump Installation Code (77 Ill. Adm. Code 925)

 

13)        Surface Source Water Treatment Code (77 Ill. Adm. Code 930)

 

(Source:  Amended at 39 Ill. Reg. 5860, effective April 10, 2015)

SUBPART B: ADMINISTRATION OF LOCAL HEALTH PROTECTION GRANTS

 

Section 615.200  Eligibility

 

A local health department shall be eligible to receive Local Health Protection Grant funds provided that it meets the following criteria:

 

a)         the local health department is certified pursuant to Section 600.210 of the Certified Local Health Department Code (77 Ill. Adm. Code 600);

 

b)         the local health department makes application to the Department on forms or in a format provided or prescribed by the Department; and

 

c)         the local health department assures that the four health protection programs of infectious diseases, food protection, potable water supply, and private sewage disposal are provided in accordance with the requirements of this Part.  Assumption of direct service by another unit of local government shall fulfill this assurance for that portion of the local health department's jurisdiction.

 

Section 615.210  Purpose and Distribution of Grant Funds

 

a)         The purpose of the Local Health Protection Grant program is to support a statewide system of local health departments to assure the protection of the public through the provision of various health protection programs.  Local Health Protection Grants may be used by the participating local health department for any health protection program or service including, but not limited to, Infectious Diseases, Food Protection, Potable Water Supply, and Private Sewage Disposal.  The Grants are intended to supplement other federal, State and local funds available to support local health protection programs, including the four programs that must be assured for participation.  Provided the four programs are assured, the local health department may use the Grant funds for any health protection program, activity or service, or for shared management or administrative support costs.

 

b)         The Department shall award Local Health Protection Grant funds using a methodology developed in cooperation with the Illinois Association of Public Health Administrators and the Northern Illinois Public Health Consortium; however, the Director shall make the final determination of the methodology used.  The allocation methodology shall be based upon the following criteria:  population; number of persons with incomes below 200 percent of the Federal Poverty Level; and historical grant award levels.

 

c)         Local health departments participating in the Local Health Protection Grant program shall receive, subject to the availability of funds, annual grant awards calculated by one of the following methods:

 

1)         An amount equivalent to the previous year's award, adjusted for inflation, shall be reserved for each local health department that participated in the grant program the previous year.  After that amount is reserved, additional funds shall be allocated to participating local health departments to achieve the following cumulative allocation:

 

A)        Fifty percent (50%) of the annual Local Health Protection Grant funds shall be allocated based upon the populations of the local health departments' jurisdictions; and

 

B)        Fifty percent (50%) of the annual Grant funds shall be allocated based upon the numbers of persons with income below 200% of the Federal Poverty Level within local health departments' jurisdictions.

 

2)         Minimum and Maximum Grant Awards.  This subsection applies to all participating local health departments.

 

A)        Subject to the availability of funds, the Department will establish a minimum grant award level annually.  The minimum award will be applied if the methodology specified in subsection (c)(1) of this Section would result in a grant award to a local health department that is less than the minimum award. The minimum grant shall not be less than $50,000. The minimum annual grant award to any participating multi-county local health department shall be the minimum award times the number of counties in the multi-county local health department.

 

B)        If available Grant funds increase in subsequent fiscal years, the Department shall raise the minimum annual grant awards for participating single-county (or partial-county) local health departments by the same percentage as the percentage increase in Grant funds available for previously-participating local health departments.

 

C)        If the methodology will result in a local health department receiving a grant award that will adversely affect the funding available to other local health departments, then the Department may establish a maximum grant award for that year.  The maximum award shall be based on the total annual Local Health Protection Grant appropriation level, the allocation criteria, and/or the availability of other State or federal funds for performing the required programs described in Subpart C of this Part.

 

3)         For newly certified local health departments, initial grant awards shall be determined by the methodology specified in subsection (c)(1)(A) and (B) or (2) of this Section.

 

4)         Multi-County Local Health Departments.  The annual grant award for each participating multi-county local health department shall equal the sum of the annual grant awards that its individual counties could receive as single-county health departments.

 

5)         Maximum Annual Change.  The Department may impose a maximum allowable annual percentage change (% increase or % decrease) in the total grant award for participating local health departments.  Such limits shall not be imposed from one year to the next without granting the Illinois Association of Public Health Administrators and the Northern Illinois Public Health Consortium advance notice and an opportunity to comment.  The Department's decision to impose the limitation shall be based on the number of participating local health departments, the unmet financial needs of participating local health departments, the adequacy of other funding available to local health departments, the availability of Local Health Protection Grant funds for that year, the inflation rate, and other issues affecting the fair distribution of grant funds.

 

6)         The methodologies specified in subsections (c)(1) through (5) of this Section shall not be applied to the distribution of additional funds appropriated for the Grant program, if that additional appropriation specifies the method by which the funds are to be distributed.

 

d)         Prior to the award of Grant funds, the Department and the local health department shall execute a grant agreement wherein the local health department, at a minimum, agrees to:

 

1)         fulfill the requirements of this Part; and

 

2)         provide program statistical information to the Department.  The requested information will be developed in cooperation with the Illinois Association of Public Health Administrators and the Northern Illinois Public Health Consortium.

 

(Source:  Amended at 30 Ill. Reg. 13412, effective July 27, 2006)

 

Section 615.220  Review and Consultation; Substantial Compliance; Plan of Correction

 

a)         The Department will provide review and consultation to local health departments to evaluate the effectiveness of local health activities and programs and to determine the extent of compliance with the grant agreement.

 

b)         Review and consultation will be provided at least once every three years, or as often as necessary, to assure substantial compliance with this Part and the local health department's grant agreement.

 

c)         During review, the Department will examine records maintained by the local health department to determine substantial compliance for each program by applying specific review criteria to the records examined.

 

1)         For the infectious diseases program, the Department will use the following criteria to determine that a local health department is in substantial compliance with Section 615.300:

 

A)        At least 75% of the records relating to Section 615.300(b)(2) and (3) and (c)(3), (5) and (9) shall contain documentation of compliance with those subsections.

 

B)        100% of the records relating to Section 615.300(c)(6), (10) and (11) shall contain documentation of compliance with those subsections.

 

2)         For the food protection program, the Department will use the following criteria to determine that a local health department is in substantial compliance with Section 615.310:

 

A)        At least 75% of the records relating to Section 615.310(b)(3), (4), (7) and (8) and (c)(1), (2) and (3) shall contain documentation of compliance with those subsections.

 

B)        At least 75% of the records relating to all other subsections in Section 615.310 shall contain documentation of compliance with those subsections.

 

3)         For the potable water supply program, the Department will use the following criteria to determine that a local health department is in substantial compliance with Section 615.320:

 

A)        At least 75% of the records relating to Section 615.320(b)(3), (4), (6), (6)(A) and (B), (7), (8)(A), (B) and (C) and (11) shall contain documentation of compliance with those subsections.

 

B)        At least 75% of the records relating to all other subsections in Section 615.320 shall contain documentation of compliance with those subsections.

 

4)         For the private sewage disposal program, the Department will use the following criteria to determine that a local health department is in substantial compliance with Section 615.330:

 

A)        At least 75% of the records relating to Section 615.330(b)(4), (5), (6) and (7) shall contain documentation of compliance with those subsections.

 

B)        At least 75% of the records relating to all other subsections in Section 615.330 shall contain documentation of compliance with those subsections.

 

5)         In addition to the specific review criteria for each program, the Department will use the following criteria to determine that a local health department is in substantial compliance with the common requirements of Section 615.340:

 

A)        The local health department shall comply with the applicable requirements of the Environmental Health Practitioner Licensing Act, as required by Section 615.340(a); and

 

B)        The local health department shall comply with the reporting requirements contained in Section 615.340(d).

 

d)         If the Department determines that a local health department is in substantial compliance with the applicable rules and the grant agreement, the Department will notify the local health department of its determination in writing.  This notification will be made within 90 days after the Department's final determination of compliance.

 

e)         If the Department determines that a local health department is not in substantial compliance with the applicable rules and the grant agreement, the local health department shall develop and follow a written plan of correction acceptable to the Department to achieve substantial compliance.

 

1)         The Department will notify the local health department of its determination in writing by means of a Notice of Noncompliance that specifies the areas of deficiency to be corrected.  Notification will be made within 90 days after the Department's final determination of noncompliance.

 

2)         The local health department shall submit a plan of correction to the Department within 30 days after receiving a Notice of Noncompliance.

 

3)         If the local health department fails to submit a plan of correction that is acceptable to the Department, the Department will prescribe a plan of correction that the local health department shall follow, unless the local health department submits an alternative plan that is acceptable to the Department.

 

4)         A local health department's failure to follow an approved or prescribed plan of correction may be grounds for suspension or revocation of a grant agreement. The Department will consider the local health department's degree of noncompliance with this Part, the duration of the noncompliance, the local health department's efforts to address the noncompliance, and the extent to which the noncompliance jeopardizes the public's health and safety.

 

(Source:  Amended at 39 Ill. Reg. 5860, effective April 10, 2015)

 

Section 615.230  Waiver of Requirements

 

a)         A certified local health department may apply to the Department for a temporary waiver of any requirement of this Part.  The local health department shall submit a written application which describes and attests that:

 

1)         the need for a waiver is due to conditions or circumstances beyond the reasonable control of the local health department; and

 

2)         fulfilling the requirement at this time would jeopardize compliance with a higher priority activity needed to protect the health and safety of residents within the local health department's jurisdiction.

 

b)         The Department may grant a waiver if its determines that the local health department meets the criteria specified in subsection (a) of this Section.  The Department shall notify the local health department of its decision within 10 working days after receipt of the request.

 

1)         If a waiver is granted, it shall be granted for a six-month period or until the conditions or circumstances referred to in subsection (a) of this Section are remedied, whichever is sooner.

 

2)         The Department may extend a waiver for two additional six-month periods. All requests for extension of waiver shall be received by the Department at least 15 working days prior to the expiration of the waiver period.

 

A)        The first extension of the waiver may be made if the Department determines, on the basis of a written explanation from the local health department, that reasonable progress has been made and the local health department can be expected to be in compliance with the waived requirement on or before the conclusion of the first extended waiver period.

 

B)        The second extension of waiver may be made if the Department determines, on the basis of a written explanation from the local health department, that reasonable progress has been made and the local health department can be expected to be in compliance with the waived requirement on or before the conclusion of the second extended waiver period.  The explanation shall include the expected dates for completion and the reasons why the local health department was unable to achieve compliance within the first extension period.

 

c)         The Department may review the local health department for compliance upon the expiration of the waiver period or upon request of the local health department.  Such review may include an on-site inspection.

SUBPART C: PROGRAM STANDARDS

 

Section 615.300  Infectious Diseases

 

a)         To protect the citizens within its jurisdiction from contracting infectious diseases and to prevent disease transmission, the local health department shall conduct a comprehensive infectious diseases control program.

 

b)         For selected Class I(a), Class I(b) and Class II diseases listed in Section 690.100 of the Control of Communicable Diseases Code, the local health department, in consultation with the Department, shall monitor trends on an annual basis.  Disease case counts and disease case rates are important in the framework of measures needed to understand the outcome of disease control efforts, but shall not be interpreted in isolation, since they may be a reflection of circumstances beyond the control or influence of a disease control program.  Communicable disease control programs shall include the following tasks:

 

1)         On a regular basis during normal business hours, review Illinois-National Electronic Disease Surveillance System (I-NEDSS) data, and Health Care Provider and Electronic Laboratory Reporting (ELR) reports to recognize changes in disease trends or to identify a possible previously unreported outbreak in Class I(a), Class I(b) and Class II diseases;

 

2)         Report diseases as required in the Control of Communicable Diseases Code within the time frames specified; and

 

3)         Review I-NEDSS-generated data on a quarterly basis and use this information in combination with other program activity measures to assess program performance and to undertake program planning to decrease infectious diseases.

 

c)         The local health department shall undertake the following activities, in accordance with the Control of Communicable Diseases Code , the Control of Tuberculosis Code, the Control of Sexually Transmissible Infections Code, and the HIV/AIDS Confidentiality and Testing Code to control the spread of, reduce the incidence of, and prevent Class I and Class II diseases within its jurisdiction.

 

1)         The local health department shall investigate all reported cases (or suspected cases) of Class I(a) and (b)  and Class II diseases in accordance with the Control of Communicable Diseases Code.

 

2)         The local health department shall comply with the reporting requirements of the Control of Communicable Diseases Code.

 

3)         For all reported cases of HIV or early syphilis identified by a health care provider in the local health department's jurisdiction, and for chlamydia or gonorrhea cases identified at a local health department clinic, the local health department shall determine whether a health care provider offered counseling and partner services.  If counseling and partner services have not been offered, the local health department shall provide or offer referral for counseling and partner services.

 

4)         Individuals reported with sexually-transmitted infections shall be treated with a course of therapy from the United States Public Health Service Sexually Transmitted Diseases Treatment Guidelines.

 

5)         The local health department shall implement and maintain a system to monitor the status of Class I(a) and (b) and Class II infectious diseases, including reporting, and a system to estimate the incidence, prevalence and demographic characteristics of cases that occur in the community.  Diseases shall be monitored using the Department's I-NEDSS reporting system and its reporting modules.  This system includes a mechanism to assist the local health department with recognition of normal disease occurrence and the number of cases of a reported disease that may be outside of normal limits, which may suggest an outbreak.  A local health department shall also have an internal plan to respond to an outbreak, and this plan may be adjusted as necessary for each unique outbreak situation.

 

6)         Ongoing immunization clinics shall be developed and maintained as a local service as needed.  Ongoing clinics shall be of a number and frequency to provide immunizations in accordance with the Recommendations of the Advisory Committee on Immunization Practices (ACIP), and to assist schools to comply with Section 27-8.1 of the School Code.  In collaboration with State and federal public health entities, special immunization clinics shall be provided during outbreaks of a number and frequency as needed to control the spread of disease.  Vaccinations provided shall be documented through the Department's immunization data registry or through a data system that interfaces with the immunization data registry.

 

7)         Each local health department shall survey the immunization status of the population in the local jurisdiction at least once every five years.  Data for the immunization survey may be obtained from the Department's immunization data registry; from the Women, Infants, and Children program; from the Illinois State Board of Education for school-age children; or from local health partners. Survey results shall be used to plan and conduct activities to increase immunization levels to at least 90 percent for all ACIP-recommended vaccines routinely administered to children zero to 18 years of age and measured according to the National Immunization Survey (NIS) age groups (19-35 months and 13-17 years of age), as found at http://www.cdc.gov/nchs/nis.htm.  If subsequent surveys show a lower level of immunity, the Department will collaborate with the local health department to develop strategies to increase the level of immunity.

 

8)         Biologics provided by the Department shall be distributed and used in accordance with the National Center for Immunization and Respiratory Diseases Recommendations of ACIP or the United States Public Health Service Sexually Transmitted Diseases Treatment Guidelines.

 

9)         Vaccines provided by the Department shall be accounted for with each new vaccine order in the vaccine ordering and accountability module in the Department's immunization data registry.

 

10)          Procedures shall be implemented at the local level to assure that the amount of State-supplied vaccine unaccounted for or wasted on an annual basis is at or below the limit set by the Department; wasted or expired vaccine shall be returned within six months after the expiration date.

 

11)          All known adverse events following administration of vaccines at local health department clinics shall be investigated and reported online to the Vaccine Adverse Events Reporting System (VAERS).

 

12)          Qualified personnel shall be available to conduct the activities required in this Section.  All new staff shall complete the Department's Communicable Disease 101 training module within one month after beginning infectious disease surveillance duties.  In addition, all new staff shall complete either the Centers for Disease Control and Prevention self-study course on Principles of Epidemiology in Public Health Practice or nine hours of Department-approved training within 12 months after beginning infectious disease surveillance duties.  All other staff with infectious disease surveillance duties shall attend at least 10 hours of Department-approved training each year.  Department-approved training may include, but shall not be limited to, classroom training, satellite courses, conference seminars, Department-produced webinars, or Department-produced training modules.

 

13)          Records that contain information that identifies or could lead to the identity of cases, case contacts, counseling clients, screening participants, or vaccine recipients shall be strictly confidential and shall not be released except as provided in applicable State and federal statutes and rules or with written consent of the person to whom the records are related.  Protocols directing the secure management of protected health information shall be written, implemented and made available for review, minimally on an annual basis.  For HIV, other sexually transmitted infections, tuberculosis and hepatitis surveillance, the United States Department of Health and Human Services Data Security and Confidentiality Guidelines for HIV, Viral Hepatitis, Sexually Transmitted Disease and Tuberculosis Programs shall be followed.

 

14)          Contact information for local health department personnel shall be made readily available to the Department and updated no less than quarterly for the purposes of coordinating disease control activities as specified in this Part.  This includes, but is not limited to, daytime and after-hours contact information; phone numbers for use by the general public and public health partners in local communities; registration to receive Health Alerts through the Health Alert Network/State of Illinois Rapid Electronic Notification (HAN/SIREN) system; and subscription to alerts through the Department's intranet Web Portal platform.

 

(Source:  Amended at 39 Ill. Reg. 5860, effective April 10, 2015)

 

Section 615.310  Food Protection

 

a)         To protect the citizens within its jurisdiction from contracting  foodborne diseases and to prevent disease transmission, the local health department shall conduct a comprehensive food protection program.

 

b)         To reduce the incidence of foodborne illnesses, the local health department shall undertake the following activities to identify, reduce and, whenever possible, eliminate factors that may cause foodborne illnesses.

 

1)         Programs shall be conducted in accordance with a local ordinance that incorporates by reference or includes provisions at least as stringent as the  Food Service Sanitation Code and includes enforcement authority, or in accordance with a written agreement with the Department that designates the local health department as an agent of the Department.

 

2)         The local health department shall maintain current listings of all food service establishments (facilities) as defined in the Food Service Sanitation Code.

 

3)         For each facility, the local health department shall assess the relative risks of causing foodborne illness; shall classify each facility in accordance with the Food Service Sanitation Code; shall annually verify the classification of each Category I and Category II facility; and shall biennially verify the classification of each Category III facility.  A local health department may reclassify a facility, based upon inspection history; number, frequency and severity of violations; and corrective action if a health hazard will not result from reclassification or if reclassification will provide better protection for the public.  The basis for this decision shall be documented and be available for Department inspection.

 

4)         The local health department shall inspect facilities at least as often as prescribed by the following schedule.

 

A)        Category I facilities shall receive three inspections per year, or two inspections per year if one of the following conditions is met:

 

i)          A certified food service manager is present at all times that the facility is in operation; or

 

ii)         Employees involved in food operations receive a Hazard Analysis Critical Control Point (HACCP) training exercise or in-service training in another food service sanitation area, or attend an educational conference on food safety or sanitation.

 

B)        Category II facilities shall receive one inspection per year.

 

C)        Category III facilities shall receive one inspection every two years.

 

5)         Inspections of all Category I and Category II facilities shall include HACCP concepts as defined in 77 Ill. Adm. Code 750.10 (Food Service Sanitation Code − Definitions).  Discussion of at least one HACCP concept during the inspection shall be documented on the inspection report.

 

6)         The local health department shall conduct plan reviews and pre-operational inspections for new and extensively remodeled facilities, in accordance with local ordinances.

 

7)         The local health department shall conduct follow-up inspections, consultation and enforcement actions to ensure correction of deficiencies and violations of applicable ordinances, agreements or rules.

 

8)         The local health department shall establish a surveillance and control system to monitor, identify and record instances of foodborne disease; to detect sources of contamination; to establish factors that contribute to outbreaks; and to recommend preventive and control measures and take appropriate action to prevent further spread of disease. Hazardous food shall be identified and its distribution shall be restricted in accordance with procedures that include the following:

 

A)        Identification of and prohibition against foods that are unsafe and pose a potential threat to health and safety;

 

B)        Hold or embargo authority, criteria for destruction of adulterated or contaminated foods, and notification of recalls;

 

C)        Investigation of facilities upon receipt of complaints following events such as fire, natural disaster, and other occurrences that may compromise food safety; and

 

D)        Establishment of a system to encourage community reporting of foodborne illness to the local health department, which will notify the Department within 24 hours after occurrence.

 

9)         Information shall be provided to the general public concerning prevention of foodborne illness and describing proper ways for storing, preparing, and serving food.  Information shall be made available to primary and secondary schools to instruct children regarding food sanitation and personal hygiene as it relates to food safety.

 

10)       A program shall be provided that is designed especially for food establishment managers and personnel and that describes the proper ways of storing and preparing food and the necessity for reporting illness.

 

11)       Self-evaluation/quality assurance reviews shall be conducted each State fiscal year to determine compliance with this Section and to evaluate the effectiveness of food protection activities within the jurisdiction of the local health department.  The self-evaluation/quality assurance review shall be prepared and reported on forms provided by the Department and shall be submitted to the Department within 30 days after the end of each State fiscal year.  The Department will provide the forms for the self-evaluation/quality assurance review to local health departments at least 60 days before the beginning of the State fiscal year for which the report is required.

 

c)         Qualified personnel shall be available for the local health department to conduct activities required in this Section.

 

1)         At least one supervisor or training officer shall be standardized and certified every three years in food safety practices and food sanitation by the United States Food and Drug Administration (FDA) certified State Evaluation Officers.  Each local standardized training officer shall standardize the remaining program staff every three years.

 

2)         New program staff shall complete the three-year Department-approved training program within 36 months after employment.  Phase I  of the training program shall be completed during the first 12 months, Phase II shall be completed within 24 months, and Phase III shall be completed within 36 months.

 

3)         All personnel shall attend at least five hours of Department-approved training each year.  Attendance at either a Department-provided or Department-approved orientation and training program, as required in subsection (c)(2), shall fulfill this requirement for the year of attendance.

 

(Source:  Amended at 39 Ill. Reg. 5860, effective April 10, 2015)

 

Section 615.320  Potable Water Supply

 

a)         To protect the people within its jurisdiction from contracting waterborne diseases and to prevent disease transmission, the local health department shall establish a program to assure provision of safe, potable supplies of water for drinking, culinary, and sanitary purposes.  The focus of this potable water supply program shall be closed loop wells and non-community semi-private and private water supplies.

 

b)         The local health department shall provide the following activities to ensure an effective potable water supply program:

 

1)         The potable water supply program shall be conducted in accordance with a local ordinance that incorporates by reference the Water Well Construction Code and the Illinois Water Well Pump Installation Code and includes enforcement authority, or in accordance with a written agreement with the Department that designates the local health department as an agent of the Department.

 

2)         The local health department shall maintain current listings of names and addresses of all non-community public water supplies regulated by the local health department within its jurisdiction, and the Department shall be notified, on forms provided by the Department, within 30 days after the date that the local health department becomes aware of any address or ownership changes.

 

3)         A routine water-sampling program shall be established and maintained for all non-community public water supplies in accordance with the Drinking Water Systems Code.

 

4)         All non-community public water supplies that have been originally surveyed shall be inspected and sampled at least every two years.  A copy of all completed inspection reports indicating results of samples collected at the time of inspection and results of all samples collected since the last inspection, along with Department data forms, shall be forwarded to the Department within 14 days after completion of an inspection.

 

5)         The owner of any non-community public water supply that is not in compliance with the construction, location, and operational (including sampling) requirements of the Drinking Water Systems Code shall be notified of the violations and ordered to correct them within a specified time.  At the end of this time, the water supply shall be reinspected to ensure that all violations have been corrected. If they have not been corrected, enforcement action shall commence.

 

6)         All requests for inspection or sampling pertaining to any existing semi-private or private water supply under the local health department's jurisdiction shall be evaluated regarding the public health significance of the requests.  Inspections regarding requests determined to have a valid public health purpose shall be conducted within seven working days after requests are received, and a written report shall be made, as follows:

 

A)        Semi-private water supplies shall be inspected and sampled upon request of the owner or occupant.  The owner and occupant shall be informed of the results of the inspection and any sample analyses.  If the water supply is not in compliance with the Public Area Sanitary Practice Code, the owner shall be notified of the violations and ordered to correct them within a specified time.  At the end of this time, the water supply shall be reinspected to ensure that all violations have been corrected.  If all violations have not been corrected, the local health department shall begin enforcement action.

 

B)        Existing private water supplies shall be inspected and sampled upon request of the owner, who shall be informed of the results of the inspection, interpretation of sample analyses, and recommended measures to correct all problems or violations of the Water Well Construction Code, Surface Source Water Treatment Code or the Illinois Water Well Pump Installation Code.

 

7)         A permit shall be issued prior to the construction, modification or sealing of any closed loop well system or water well, after review and determination that the application and proposed construction are in compliance with the Water Well Construction Code or local ordinance.  The local health department shall issue a permit to construct a well to serve a non-community public water system.  Copies of the plans, the water well permit, and the water well construction log shall be submitted to the Department. The Department administers the permit program for all other aspects of the non-community system, as required in the Drinking Water Systems Code.

 

8)         Inspection of Closed Loop Wells or Water Wells

 

A)        The local health department shall inspect all new closed loop well systems and shall inspect all water wells for which a permit has been issued.

 

B)        At the time of construction, the local health department shall annually inspect at least one well constructed in the jurisdiction, by each licensed contractor who installs three or more wells in that jurisdiction during the calendar year,  to assure that proper materials and construction methods are being used in accordance with the Water Well Construction Code and the Illinois Water Well and Pump Installation Code.  The inspection of a water well shall include observation of the critical aspects of construction and shall include, at a minimum, inspection of grouting and setting of the casing.  The inspection for a closed loop well system shall include observation of the critical aspects of construction, including, at a minimum, inspecting the grouting and documenting the setback distances.  If a local health department's staff has direct oversight of another local health department's jurisdiction, the Department will consider both jurisdictions to be one jurisdiction.

 

C)        A sample shall be collected from all new potable water wells, unless the local health department ensures that the homeowner or his or her agent will collect and submit a sample to a certified laboratory.  The owner shall be informed of the results of the inspection, interpretation of sample analyses, and recommended measures to correct all problems or violations of the Water Well Construction Code, the Surface Source Water Treatment Code, or the Illinois Water Well Pump Installation Code.  All violations shall be corrected or enforcement action shall be initiated. If the water sample contains any coliform bacteria or a nitrate concentration of 10 or more milligrams per liter as nitrogen, the local health department shall suggest additional sampling or other measures in writing to the homeowner to remedy the problem.

 

9)         Information concerning water sampling; design, construction and operation of water supplies; and hazards of cross-connections shall be provided to the public upon request.  Education may be in the form of oral presentations or may include distributing materials provided by the Department or by the local health department concerning these topics.

 

10)       Written variances issued for all private, semi-private, and non-community public water supplies and closed loop wells shall be in accordance with variance requirements of the applicable rules of the Department, and a copy of the variance that includes the rationale for any variance shall be submitted to the Department on a quarterly basis.

 

11)       Sealing of Abandoned Water Wells and Closed Loop Wells

 

A)        Property owners shall be advised of the requirements under 77 Ill. Adm. Code 920.120 (Water Well Construction Code − Abandoned Wells) and the need for proper sealing of abandoned wells. When a new well is being constructed to replace an existing well, the licensed well driller may provide this advice to the property owner.

 

B)        A representative of the local health department shall be present at the site at the time that a well is being sealed by a homeowner.  A local health department representative shall annually be present at the site during at least one well sealing performed by each licensed well driller sealing wells in his/her jurisdiction during the calendar year to assure that proper materials and methods are used to seal abandoned wells in accordance with the Water Well Construction Code.  A representative of the local health department shall observe the critical elements of the well sealing, which shall include placement of the sealing material and removal of the pumps and upper casing, and shall assure that proper materials and placement methods are used.  In the case of a closed loop well, the critical elements shall include placement of the sealing grout to assure that proper materials and methods are used.  If a local health department's staff has direct oversight of another local health department's jurisdiction, the Department will consider both jurisdictions to be one jurisdiction.

 

C)        If a water well or closed loop well is sealed without the local health department being notified in advance, a warning letter shall be sent to the homeowner, registered closed loop well contractor or licensed well driller.  The water well shall be inspected to ensure that the water well was sealed.  Second offense violations shall result in enforcement action or shall be referred to the Department for license suspension.

 

12)       Within 30 days after the local health department receives the water well construction report, the well permit application and construction report shall be submitted to the Illinois State Water Survey.  Well sealing forms should also be submitted to the Survey within 30 days after they are received by the local health department.

 

13)       Any person who has drilled a water well or closed loop well within the jurisdiction of the local health department without being properly licensed or registered in accordance with the Illinois Water Well Contractors Licensing Act or the Water Well Construction Code shall be referred to the Department.  The local health department shall also provide the Department with a copy of correspondence to any closed loop well contractor, well driller or pump installer concerning violations of the Water Well Construction Code and the Illinois Water Well Pump Installation Code.

 

c)         Qualified personnel shall be available to conduct activities required in this Section.

 

1)         New program staff shall complete a Department-provided initial orientation and training program during the first year of employment.

 

2)         All personnel shall annually attend at least three total combined hours of Department-approved training covering potable water and closed loop wells.

 

(Source:  Amended at 39 Ill. Reg. 5860, effective April 10, 2015)

 

Section 615.330  Private Sewage Disposal

 

a)         To protect the people within its jurisdiction, the local health department shall establish a program to prevent the transmission of disease organisms, environmental contamination, and nuisances resulting from improper handling, storage, transportation and disposal of sewage from private sewage disposal systems.

 

b)         The local health department shall provide the following activities to ensure an effective private sewage disposal program:

 

1)         The program shall be conducted pursuant to a local ordinance that incorporates by reference or includes provisions at least as stringent as the Private Sewage Disposal Code and includes enforcement authority, or pursuant to a written agreement with the Department that designates the local health department as an agent of the Department.

 

2)         In coordination with appropriate State and local agencies, long- and short‑range plans shall be developed to guide private sewage disposal system use for the protection of the environment and protection of the health of the people within its jurisdiction.

 

3)         All subdivision plats that are to use private sewage disposal systems shall be reviewed and approved.

 

4)         When a permit is required, private sewage disposal systems shall be reviewed and approved prior to construction as provided in the Private Sewage Disposal Licensing Act and the Private Sewage Disposal Code or in local ordinances.

 

5)         All private sewage disposal system installations shall be inspected to confirm that systems conform to approved plans and specifications.  An inspection form with a drawing of the system shall be completed.

 

6)         To ensure that septage is properly transported, stored and disposed of, annual inspections shall be confirmed or conducted on all private sewage disposal system pumping contractor's land application sites, facilities and equipment within the local health department's jurisdiction as follows:

 

A)        All septage hauling equipment.  The local health department may use an inspection under this subsection (b)(6) from another local health department that has already conducted an inspection and retain a copy of that inspection as confirmation and compliance with this subsection (b)(6)(A);

 

B)        Storage facilities;

 

C)        Land application sites; and

 

D)        Complaints on application sites, facilities and equipment listed in subsections (b)(6)(A), (B) and (C).

 

7)         Complaints of improper private sewage disposal shall be investigated within 10 working days after the complaint is received.

 

8)         When deficiencies have been identified, voluntary compliance shall be sought in accordance with the ordinance or agreement.

 

9)         Continued noncompliance shall result in enforcement action in accordance with the ordinance or agreement.

 

10)       Educational materials regarding the proper handling and disposal of sewage shall be made available to the public upon request.

 

c)         Qualified personnel shall be available to conduct activities pursuant to this Section.

 

1)         New program staff shall complete a Department provided initial orientation and training program during the first year of employment.

 

2)         All personnel shall annually attend at least three hours of Department-approved training.

 

(Source:  Amended at 38 Ill. Reg. 5860, effective April 10, 2015)

 

Section 615.340  Common Requirements

 

a)         All activities performed under this Part shall be governed in all respects by the laws of the State of Illinois.  Personnel performing the programs described in this Subpart C shall meet the applicable requirements of the Medical Practice Act of 1987, the Nurse Practice Act, and the Environmental Health Practitioner Licensing Act.

 

b)         All local health departments shall maintain a 24-hour notification system that the Department, hospitals or members of the general public can contact to promptly reach a staff person to report a suspect or actual public health incident or event.  Local health departments shall document, at least quarterly, that this 24-hour notification system is operational.  In addition, local health departments shall document and provide to the Department's Office of Preparedness and Response Emergency Response Coordinator (ERC) and the Department's Regional Health Officer the procedure that the Department, hospitals or members of the general public will use to activate this 24-hour notification system.

 

c)         All local health departments are required to maintain a current all hazard emergency response/disaster plan for their jurisdiction.  "All hazard" includes, but is not limited to, natural, technological and intentionally caused emergency events, including disease outbreaks, bioterrorism, floods, severe weather, environmental incidents, food protection incidents and other events most likely to occur in the jurisdiction. All local health departments shall electronically submit the plan for their jurisdiction to the Department's Office of Preparedness and Response ERC upon request.  All future amendments to the plan shall be electronically submitted to the Department's Office of Preparedness and Response ERC immediately.  All local health departments shall keep a copy of the plan on file in their principal office.  The Department will review each plan once at least every three years, or as often as necessary, as part of the local health department's program review process conducted in accordance with Section 615.220.  The emergency response/disaster plan shall provide a framework for response operations of the local health department singly or as part of a  multi-jurisdiction agency, and shall outline specific actions for local response and recovery activities.  The plan shall provide guidance for the local health department's primary programs to support jurisdiction-wide emergency operations and prescribe, among other items, when plan elements may be activated, the availability of personnel and response needs and provisions.  The following items are minimum elements of an approved emergency response/disaster plan:

 

1)         A procedure for 24-hour availability of the local health department to receive information on a significant or potential emergency situation from the general public or a federal, State or local governmental agency;

 

2)         A procedure for internal notification ("call-tree") to alert key staff within the local health department of an emergency situation;

 

3)         A procedure that details how and when the local health department will notify the local emergency management agency, local law enforcement agency and the Department of an emergency situation;

 

4)         A procedure that will outline mutual aid requests to other local health departments, notifying and managing volunteers, and the rapid mobilization of non-essential staff of the local health department to assist with the emergency situation, including the identification of critical programs administered by the local health department;

 

5)         A procedure for disseminating information to first responders, local health care providers, hospitals, clinics and pharmacies within the jurisdiction to alert them of a significant or potential emergency situation; and

 

6)         A procedure for implementing a mass vaccination and prophylaxis and treatment, or distributing and managing of stockpiles of pharmaceuticals or other medical countermeasures in  response to a significant or potential communicable disease situation or other public health emergency within the jurisdiction.

 

d)         The local health department shall submit information in a manner prescribed by the Department concerning activities that the local health department conducted in each program.  Local health protection grant program statistical information for food protection, potable water supply, and private sewage disposal programs shall include information for each quarter of the State fiscal year and shall be submitted to the Department within 30 days after the end of each quarter for which information is being reported.  Reporting for infectious disease control programs shall be conducted in accordance with Section 615.300.

 

e)         The local health department shall maintain documentation of activities conducted in accordance with this Part for a minimum of five years after the completion of the grant period or for the time period specified by the Illinois Secretary of State, whichever is longer.  The documentation shall be available for review by the Department upon request.

 

f)         The Department will develop a list of approved training courses that satisfy the local health department staff training requirements described in this Subpart C and make the list available upon request.  A local health department may submit a request for approval of a training course to the Department at least 60 days prior to the training.  The Department will review the course description, the course subject matter, the course content and the number of training hours.  If the Department determines that the training course provides instruction relevant to the health protection program, the Department will approve the training course and notify the local health department.  The Department will add an approved training course to the list of approved training courses.  If the Department determines that the training course does not provide instruction relevant to the health protection program, the Department will deny the training course and notify the local health department. 

 

(Source:  Amended at 38 Ill. Reg. 5860, effective April 10, 2015)

SUBPART D: DUE PROCESS

 

Section 615.400  Denial, Suspension or Revocation of Grant Application or Grant Agreement  

 

a)         The Director, after notice and opportunity for hearing, may deny the application for grant funds or suspend or revoke the grant agreement of any local health department in any case in which the Director finds substantial or continued failure to comply with this Part.  If, however, the Director finds that the public interest, health, safety, or welfare requires emergency action and if the Director incorporates a finding to that effect in the order, summary suspension of a grant agreement may be ordered pending proceedings for revocation.  Such proceedings shall be promptly instituted and promptly determined.

 

b)         Such notice shall be made by certified mail or by personal service and shall set forth the particular reasons for the proposed action and provide the local health department with an opportunity to request a hearing.  If a written hearing request is not received within 10 days after receipt of the notice by the local health department, the right to a hearing is waived.

 

Section 615.410  Procedures for Hearings

 

The Department's rules titled Practice and Procedure in Administrative Hearings shall apply to all proceedings conducted under this Part and any grant agreement executed pursuant to this Part.

 

(Source:  Amended at 38 Ill. Reg. 5860, effective April 10, 2015)

 

Section 615.APPENDIX A  Recommended Policies and Procedures for Immunization Clinics (Repealed)

 

(Source:  Repealed at 26 Ill. Reg. 421, effective January 1, 2002)