Illinois General Assembly - Full Text of HB0006
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Full Text of HB0006  93rd General Assembly

HB0006sam002 93rd General Assembly


093_HB0006sam002











                                     LRB093 02058 MKM 16350 a

 1                      AMENDMENT TO HOUSE BILL 6

 2        AMENDMENT NO.     .   Amend  House  Bill  6  on  page  1,
 3    immediately below line 21, by inserting the following:

 4        "Section  7.   The  Department  of  Public  Health Act is
 5    amended by changing Section 2 and by adding Section  2305-2.1
 6    as follows:

 7        (20 ILCS 2305/2) (from Ch. 111 1/2, par. 22)
 8        Sec. 2.  Powers.
 9        (a)  The  State  Department  of Public Health has general
10    supervision of the interests of the health and lives  of  the
11    people  of the State.  It has supreme authority in matters of
12    quarantine, and may declare and enforce quarantine when  none
13    exists,  and  may modify or relax quarantine when it has been
14    established.  The Department may  adopt,  promulgate,  repeal
15    and  amend  rules  and  regulations  and  make  such sanitary
16    investigations and inspections as it may from  time  to  time
17    deem  necessary  for  the preservation and improvement of the
18    public health, consistent with law regulating the following:
19             (1)  Transportation  of  the  remains  of   deceased
20        persons.
21             (2)  Sanitary  practices  relating to drinking water
22        made accessible to the public for  human  consumption  or
 
                            -2-      LRB093 02058 MKM 16350 a
 1        for lavatory or culinary purposes.
 2             (3)  Sanitary   practices   relating  to  rest  room
 3        facilities made accessible to the public  or  to  persons
 4        handling food served to the public.
 5             (4)  Sanitary  practices  relating  to  disposal  of
 6        human  wastes  in  or from all buildings and places where
 7        people live, work or assemble.
 8        The provisions of the Illinois  Administrative  Procedure
 9    Act  are  hereby  expressly  adopted  and  shall apply to all
10    administrative rules and procedures  promulgated  by  of  the
11    Department  of Public Health under this Act, except that: (i)
12    to the extent that  this  Act  conflicts  with  the  Illinois
13    Administrative  Procedure  Act,  the  provisions  of this Act
14    shall  control;   (ii)   Section   5-35   of   the   Illinois
15    Administrative  Procedure  Act  relating  to  procedures  for
16    rule-making  does  not  apply  to  the  adoption  of any rule
17    required  by  federal  law  in  connection  with  which   the
18    Department   is   precluded   by   law  from  exercising  any
19    discretion;  and  (iii)  Section   5-45   of   the   Illinois
20    Administrative  Procedure  Act  relating  to  limitations  on
21    emergency  rulemaking  does  not apply to the adoption of any
22    rule under Section 2.1 of this Act.
23        All  local  boards  of  health,  health  authorities  and
24    officers, police officers, sheriffs and  all  other  officers
25    and  employees of the state or any locality shall enforce the
26    rules and regulations so adopted.
27        The Department of Public Health shall  conduct  a  public
28    information  campaign  to  inform  Hispanic women of the high
29    incidence of breast cancer and the importance  of  mammograms
30    and  where  to  obtain  a  mammogram. This requirement may be
31    satisfied by translation into Spanish and distribution of the
32    breast cancer summaries required by Section 2310-345  of  the
33    Department  of  Public  Health Powers and Duties Law (20 ILCS
34    2310/2310-345). The information provided by the Department of
 
                            -3-      LRB093 02058 MKM 16350 a
 1    Public Health shall include (i) a statement that  mammography
 2    is  the most accurate method for making an early detection of
 3    breast cancer, however, no diagnostic tool is 100%  effective
 4    and  (ii) instructions for performing breast self-examination
 5    and a statement that it is  important  to  perform  a  breast
 6    self-examination monthly.
 7        The  Department  of  Public  Health shall investigate the
 8    causes of  dangerously  contagious  or  infectious  diseases,
 9    especially  when existing in epidemic form, and take means to
10    restrict and suppress the same,  and  whenever  such  disease
11    becomes, or threatens to become epidemic, in any locality and
12    the  local  board  of  health or local authorities neglect or
13    refuse to enforce efficient measures for its  restriction  or
14    suppression   or   to   act  with  sufficient  promptness  or
15    efficiency, or whenever the local board of  health  or  local
16    authorities  neglect  or refuse to promptly enforce efficient
17    measures for the restriction or  suppression  of  dangerously
18    contagious  or  infectious diseases, the Department of Public
19    Health may enforce such measures as  it  deems  necessary  to
20    protect  the  public  health,  and  all necessary expenses so
21    incurred shall be paid by the locality for which services are
22    rendered.
23        (b)  Subject to the provisions  of  subsection  (c),  the
24    Department  may  order a person to be quarantined or isolated
25    or a place to be closed and made off limits to the public  to
26    prevent  the  probable  spread of a dangerously contagious or
27    infectious  disease,  including  non-compliant   tuberculosis
28    patients,  until  such time as the condition can be corrected
29    or the danger to the public health eliminated or  reduced  in
30    such  a  manner  that  no  substantial danger to the public's
31    health any longer exists.
32        (c)  The Department may order a No person or a  group  of
33    persons  may  be ordered to be quarantined or isolated or may
34    order a and no place may be ordered to be closed and made off
 
                            -4-      LRB093 02058 MKM 16350 a
 1    limits to the public except with the consent of the person or
 2    owner of the place or upon the prior  order  of  a  court  of
 3    competent jurisdiction. In addition, the Department may order
 4    a  person or a group of persons to be quarantined or isolated
 5    or may order a place to be closed and made off limits to  the
 6    public  on  an immediate basis without prior consent or court
 7    order if, in the judgment of the Department, immediate action
 8    is required to protect the public health until the  condition
 9    can  be corrected or until the danger to the public health is
10    eliminated or reduced in such  a  manner  that  no  immediate
11    threat  to  the  public  health  exists.  In  the event of an
12    immediate order issued without prior consent or court  order,
13    the  Department shall, as soon as reasonably practicable, but
14    in no event later than 48  hours  after  issuing  the  order,
15    obtain  the consent of the person or owner or file a petition
16    requesting  a  court  order  authorizing  the  isolation   or
17    quarantine  or closure. When exigent circumstances exist that
18    make it untenable to obtain consent or file a petition within
19    48 hours of issuance of an immediate order or when a state of
20    public health emergency has been declared pursuant to Section
21    2.1, the Department must obtain consent or  file  a  petition
22    requesting  a court order as soon as reasonably possible.  To
23    obtain a court order, the Department, by clear and convincing
24    evidence, must prove that the public's health and welfare are
25    significantly endangered by a person or group of persons that
26    has, that is suspected of having, or that has been exposed to
27    with a dangerously contagious or infectious disease including
28    non-compliant tuberculosis patients or by a place where there
29    is a significant  amount  of  activity  likely  to  spread  a
30    dangerously contagious or infectious disease.  The Department
31    must   also  prove  that    all  other  reasonable  means  of
32    correcting the  problem  have  been  exhausted  and  no  less
33    restrictive  alternative  exists.  The Department's burden of
34    proof under this subsection shall be satisfied upon a showing
 
                            -5-      LRB093 02058 MKM 16350 a
 1    that, under the circumstances presented by the case in  which
 2    an  order  is  sought, quarantine or isolation is the measure
 3    provided for in a rule of the  Department  or  in  guidelines
 4    issued  by  the Centers for Disease Control and Prevention or
 5    the World Health Organization. The Department  is  authorized
 6    to  promulgate  rules  that  are  reasonable and necessary to
 7    implement and effectuate the issuance of orders  pursuant  to
 8    this  Section,  including  rules  providing  for  due process
 9    protections.
10        (d)  This Section shall be considered supplemental to the
11    existing authority and powers of the Department and shall not
12    be construed  to  restrain  or  restrict  the  Department  in
13    protecting  the  public  health under any other provisions of
14    the law.
15        (e)  Any person who knowingly or maliciously disseminates
16    any false information or report concerning the  existence  of
17    any   dangerously   contagious   or   infectious  disease  in
18    connection  with  the  Department's  power   of   quarantine,
19    isolation and closure or refuses to comply with a quarantine,
20    isolation   or   closure   order  is  guilty  of  a  Class  A
21    misdemeanor.
22        (f)  The Department of Public Health  may  establish  and
23    maintain  a  chemical  and  bacteriologic  laboratory for the
24    examination of water and wastes, and  for  the  diagnosis  of
25    diphtheria,  typhoid  fever, tuberculosis, malarial fever and
26    such other diseases as it deems necessary for the  protection
27    of the public health.
28        As  used  in  this Act, "locality" means any governmental
29    agency which exercises power pertaining to public  health  in
30    an area less than the State.
31        The  terms  "sanitary investigations and inspections" and
32    "sanitary practices" as used in this Act shall not include or
33    apply to "Public Water Supplies" or "Sewage Works" as defined
34    in the Environmental Protection Act.
 
                            -6-      LRB093 02058 MKM 16350 a
 1    (Source: P.A. 91-239, eff. 1-1-00.)

 2        (20 ILCS 2305/2.1 new)
 3        Sec. 2.1.  Emergency powers.
 4        (a)  "Public health emergency"  means  an  occurrence  or
 5    imminent  threat  of an illness or health condition caused by
 6    bioterrorism, terrorism, epidemic  or  pandemic  disease,  an
 7    infectious agent, a toxin, a natural disaster, or a source of
 8    unknown origin that poses a substantial risk of a significant
 9    number  of  human  fatalities  or  incidents  of permanent or
10    long-term disability. The presence of human  immunodeficiency
11    virus (HIV) or acquired immunodeficiency syndrome (AIDS) does
12    not  constitute  a public health emergency within the meaning
13    of this Section.
14        (b) The Governor may declare a  state  of  public  health
15    emergency  upon  the occurrence of a public health emergency.
16    Upon the declaration of a  public  health  emergency  and  in
17    coordination  with  the  Governor  and  other State and local
18    authorities,  the   Department   shall   immediately   assume
19    jurisdiction, responsibility, and authority for the emergency
20    powers   necessary   to  protect  the  public  health.  These
21    emergency powers may include, without limitation:
22             (1)  Emergency access to medical records  and  other
23        essential   health  data,  provided,  however,  that  the
24        Department shall protect the privacy and  confidentiality
25        of  any  medical  records and other essential health data
26        obtained pursuant to  this  Section  in  accordance  with
27        federal and State law.
28             (2)  Ordering  a  person or a group of persons to be
29        quarantined or isolated or ordering a place to be  closed
30        and  made off limits to the public on an immediate basis,
31        without prior consent or court  order,  pursuant  to  the
32        provisions of subsection (c) of Section 2.
33             (3)  Emergency    controls   regarding   facilities,
 
                            -7-      LRB093 02058 MKM 16350 a
 1        medical equipment and supplies, and medications,  whether
 2        publicly  or privately held, to the extent reasonable and
 3        necessary for  emergency  response.  These  controls  may
 4        include,   but  are  not  limited  to:  (i)  examination,
 5        closure,  evacuation,  decontamination,  or  disposal  of
 6        facilities,   supplies,   medications,   equipment,   and
 7        materials;   (ii)   procurement,   by   condemnation   or
 8        otherwise, construction, lease, transportation,  storage,
 9        maintenance,  renovation,  or distribution of facilities,
10        supplies, medications, equipment,  and  materials;  (iii)
11        compelling  the  use  of a facility for purposes that are
12        reasonable and necessary  for  emergency  response;  (iv)
13        control  and  regulation of the distribution of supplies,
14        medications, equipment, and materials; (v) regulation  of
15        ingress and egress to and from any stricken or threatened
16        public  area,  the  movement of persons within that area,
17        and the occupancy of premises within that area; and  (vi)
18        adoption  of measures to provide for the safe disposal of
19        infectious waste.
20             (4)  Temporary    certification    of     unlicensed
21        health-related  facilities and personnel and expansion of
22        the proper scope of activities of licensed health-related
23        facilities and personnel for medical and  health  related
24        functions.
25             (5)  Emergency  powers  concerning the management of
26        persons  to  the  extent  reasonable  and  necessary  for
27        emergency response. These powers may include, but are not
28        limited to: (i) the identification  of  exposed  persons;
29        (ii)  medical  examinations and testing; (iii) laboratory
30        tests; (iv) administration of vaccines  and  medications;
31        and  (v)  the  safe  disposal  of corpses and other human
32        remains.
33        (c)  The Department, Director, employees,  or  agents  of
34    the Department, and any person temporarily certified pursuant
 
                            -8-      LRB093 02058 MKM 16350 a
 1    to  the provisions of paragraph (4) of subsection (b) who, in
 2    good faith, provides emergency care without fee to any person
 3    shall not, as a result of  his  or  her  acts  or  omissions,
 4    except  in  the  case of willful and wanton misconduct on the
 5    part of the person providing the care, be  liable  for  civil
 6    damages to a person for whom emergency care is provided.
 7        (d)  The  Department  shall  possess the emergency powers
 8    set forth in subsection (b) during a state of  public  health
 9    emergency.  The  Governor  may terminate the declaration of a
10    state of  public  health  emergency  upon  finding  that  the
11    occurrence  of an illness or health condition that caused the
12    emergency no longer poses a substantial risk of a significant
13    number of human  fatalities  or  incidents  of  permanent  or
14    long-term  disability.  A  declaration  of  a state of public
15    health emergency shall be terminated automatically  after  30
16    days  unless  renewed  by the Governor. At any time after the
17    renewal by the Governor, but in no event during the first  30
18    days  of a declaration of a state of public health emergency,
19    the General Assembly may vote to terminate the declaration of
20    a state of public health  emergency  upon  finding  that  the
21    occurrence  of an illness or health condition that caused the
22    emergency no longer poses a substantial risk of a significant
23    number of human  fatalities  or  incidents  of  permanent  or
24    long-term disability.
25        (e)  The  Department  is  authorized  to promulgate rules
26    reasonable and necessary  to  implement  and  effectuate  the
27    provisions  of  this  Section.  The Department shall have the
28    power to enforce the provisions of subsection (b) through the
29    imposition of fines and penalties, the  issuance  of  orders,
30    other  enforcement provisions of this Act, and other remedies
31    as provided by law, but nothing  in  this  Section  shall  be
32    construed  to limit specific enforcement powers enumerated in
33    this Act.
34        (f)  The State shall pay just compensation to  the  owner
 
                            -9-      LRB093 02058 MKM 16350 a
 1    of  any  facilities,  supplies,  medications,  equipment,  or
 2    materials  that  are  lawfully  taken  or appropriated by the
 3    Department pursuant to paragraph (3) of  subsection  (b),  in
 4    accordance  with the procedures set forth in Section 7 of the
 5    Illinois Emergency Management Agency Act."; and

 6    on page 1, by replacing line 24 with the following:
 7    "amended by changing  Sections  2310-5  and  2310-35  and  by
 8    adding  Sections  2310-50.5,  2310-610,  2310-615,  2310-620,
 9    2310-625, 2310-630, and 2310-635 as follows:

10        (20 ILCS 2310/2310-5)
11        Sec. 2310-5. Definitions. In this Law:
12        "Department" means the Department of Public Health.
13        "Director" means the Director of Public Health.
14        "Public  health  emergency"  has the meaning set forth in
15    Section 2.1 of the Department of Public Health Act.
16    (Source: P.A. 91-239, eff. 1-1-00.)

17        (20 ILCS 2310/2310-35) (was 20 ILCS 2310/55.27)
18        Sec.   2310-35.    Federal    monies;    indirect    cost
19    reimbursements.  To  accept, receive, and receipt for federal
20    monies, for and in behalf of the State, given by the  federal
21    government  under  any  federal  law  to the State for health
22    purposes, surveys, or programs, and to adopt necessary  rules
23    pertaining  thereto  pursuant  to the Illinois Administrative
24    Procedure Act. To deposit all  indirect  cost  reimbursements
25    received  by  the  Department  into the Public Health Special
26    State Projects Fund and to expend  those  funds,  subject  to
27    appropriation, for public health purposes only.
28    (Source: P.A. 91-239, eff. 1-1-00.)"; and

29    on  page  2,  immediately  below  line  1,  by  inserting the
30    following:
 
                            -10-     LRB093 02058 MKM 16350 a
 1        "(20 ILCS 2310-610 new)
 2        Sec.  2310-610.  Rules  and  regulations;  contact  list;
 3    public health emergency response plans.  The Department shall
 4    adopt and implement rules, contact lists, and response  plans
 5    governing  public  health  emergency  preparedness, response,
 6    mitigation, and recovery.

 7        (20 ILCS 2310-615 new)
 8        Sec.  2310-615.  Public  health  emergency  plans;  local
 9    health departments and licensed facilities.   The  Department
10    shall  require  and  oversee  development,  coordination, and
11    implementation  of  public  health  emergency   preparedness,
12    response,  mitigation,  and  recovery  plans  by local health
13    departments and facilities licensed by the Department.

14        (20 ILCS 2310-620 new)
15        Sec.  2310-620.  Cooperation  with  authorities;   public
16    health  emergency.   The  Department shall cooperate with the
17    Governor  and  other  State  and  local  authorities  in  the
18    development of strategies and plans  to  protect  the  public
19    health in the event of a public health emergency.

20        (20 ILCS 2310-625 new)
21        Sec.   2310-625.  Public   health   data;  public  health
22    emergency.  The Department shall assure  that  public  health
23    data   collection  and  maintenance  systems  are  adequately
24    prepared to access  timely  information  regarding  a  public
25    health emergency.

26        (20 ILCS 2310-630 new)
27        Sec.  2310-630.  Collaboration  with  authorities; public
28    health emergency.   The  Department  shall  collaborate  with
29    relevant  federal  government  authorities,  State  and local
30    authorities, elected officials from other states, and private
 
                            -11-     LRB093 02058 MKM 16350 a
 1    sector organizations on public health emergency preparedness,
 2    response, mitigation, and recovery.

 3        (20 ILCS 2310-635 new)
 4        Sec.  2310-635.  Illinois  Administrative  Procedure  Act
 5    provisions  adopted;  exceptions.   The  provisions  of   the
 6    Illinois  Administrative  Procedure  Act are hereby expressly
 7    adopted and shall  apply  to  all  administrative  rules  and
 8    procedures  promulgated  by  the  Department  under this Act,
 9    except that: (i) to that extent that this Act conflicts  with
10    the  Illinois Administrative Procedure Act, the provisions of
11    this Act shall control; (ii) Section  5-35  of  the  Illinois
12    Administrative  Procedure  Act  relating  to  procedures  for
13    rule-making  does  not  apply  to  the  adoption  of any rule
14    required  by  federal  law  in  connection  with  which   the
15    Department   is   precluded   by   law  from  exercising  any
16    discretion;  and  (iii)  Section   5-45   of   the   Illinois
17    Administrative  Procedure  Act  relating  to  limitations  on
18    emergency  rule-making  does not apply to the adoption of any
19    rule under Section 2310-610, 2310-615, 2310-620, 2310-625 and
20    2310-630 of this Act.".