093_HB1717eng HB1717 Engrossed LRB093 04841 MKM 04897 b 1 AN ACT in relation to public health. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Department of Public Health Act is 5 amended by changing Section 2 as follows: 6 (20 ILCS 2305/2) (from Ch. 111 1/2, par. 22) 7 Sec. 2. Powers. 8 (a) The State Department of Public Health has general 9 supervision of the interests of the health and lives of the 10 people of the State. It has supreme authority in matters of 11 quarantine, and may declare and enforce quarantine when none 12 exists, and may modify or relax quarantine when it has been 13 established. The Department may adopt, promulgate, repeal 14 and amend rules and regulations and make such sanitary 15 investigations and inspections as it may from time to time 16 deem necessary for the preservation and improvement of the 17 public health, consistent with law regulating the following: 18 (1) Transportation of the remains of deceased 19 persons. 20 (2) Sanitary practices relating to drinking water 21 made accessible to the public for human consumption or 22 for lavatory or culinary purposes. 23 (3) Sanitary practices relating to rest room 24 facilities made accessible to the public or to persons 25 handling food served to the public. 26 (4) Sanitary practices relating to disposal of 27 human wastes in or from all buildings and places where 28 people live, work or assemble. 29 The provisions of the Illinois Administrative Procedure 30 Act areherebyexpressly adopted andshallapply to all 31 administrative rules and procedures of the Department of HB1717 Engrossed -2- LRB093 04841 MKM 04897 b 1 Public Health under this Act, except that Section 5-35 of the 2 Illinois Administrative Procedure Act relating to procedures 3 for rule-making does not apply to the adoption of any rule 4 required by federal law in connection with which the 5 Department is precluded by law from exercising any 6 discretion. 7 All local boards of health, health authorities and 8 officers, police officers, sheriffs and all other officers 9 and employees of the state or any locality shall enforce the 10 rules and regulations so adopted. 11 The Department of Public Health shall conduct a public 12 information campaign to inform Hispanic women of the high 13 incidence of breast cancer and the importance of mammograms 14 and where to obtain a mammogram. This requirement may be 15 satisfied by translation into Spanish and distribution of the 16 breast cancer summaries required by Section 2310-345 of the 17 Department of Public Health Powers and Duties Law (20 ILCS 18 2310/2310-345). The information provided by the Department of 19 Public Health shall include (i) a statement that mammography 20 is the most accurate method for making an early detection of 21 breast cancer, however, no diagnostic tool is 100% effective 22 and (ii) instructions for performing breast self-examination 23 and a statement that it is important to perform a breast 24 self-examination monthly. 25 The Department of Public Health shall investigate the 26 causes of dangerously contagious or infectious diseases, 27 especially when existing in epidemic form, and take means to 28 restrict and suppress the same, and whenever such disease 29 becomes, or threatens to become epidemic, in any locality and 30 the local board of health or local authorities neglect or 31 refuse to enforce efficient measures for its restriction or 32 suppression or to act with sufficient promptness or 33 efficiency, or whenever the local board of health or local 34 authorities neglect or refuse to promptly enforce efficient HB1717 Engrossed -3- LRB093 04841 MKM 04897 b 1 measures for the restriction or suppression of dangerously 2 contagious or infectious diseases, the Department of Public 3 Health may enforce such measures as it deems necessary to 4 protect the public health, and all necessary expenses so 5 incurred shall be paid by the locality for which services are 6 rendered. 7 (b) Subject to the provisions of subsection (c), the 8 Department may order a person to be quarantined or isolated 9 or a place to be closed and made off limits to the public to 10 prevent the probable spread of a dangerously contagious or 11 infectious disease, including non-compliant tuberculosis 12 patients, until such time as the condition can be corrected 13 or the danger to the public health eliminated or reduced in 14 such a manner that no substantial danger to the public's 15 health any longer exists. 16 (c) No person may be ordered to be quarantined or 17 isolated and no place may be ordered to be closed and made 18 off limits to the public except with the consent of the 19 person or owner of the place or upon the order of a court of 20 competent jurisdiction. To obtain a court order, the 21 Department, by clear and convincing evidence, must prove that 22 the public's health and welfare are significantly endangered 23 by a person with a dangerously contagious or infectious 24 disease including non-compliant tuberculosis patients or by a 25 place where there is a significant amount of activity likely 26 to spread a dangerously contagious or infectious disease. 27 The Department must also prove that all other reasonable 28 means of correcting the problem have been exhausted and no 29 less restrictive alternative exists. 30 (d) This Section shall be considered supplemental to the 31 existing authority and powers of the Department and shall not 32 be construed to restrain or restrict the Department in 33 protecting the public health under any other provisions of 34 the law. HB1717 Engrossed -4- LRB093 04841 MKM 04897 b 1 (e) Any person who knowingly or maliciously disseminates 2 any false information or report concerning the existence of 3 any dangerously contagious or infectious disease in 4 connection with the Department's power of quarantine, 5 isolation and closure or refuses to comply with a quarantine, 6 isolation or closure order is guilty of a Class A 7 misdemeanor. 8 (f) The Department of Public Health may establish and 9 maintain a chemical and bacteriologic laboratory for the 10 examination of water and wastes, and for the diagnosis of 11 diphtheria, typhoid fever, tuberculosis, malarial fever and 12 such other diseases as it deems necessary for the protection 13 of the public health. 14 As used in this Act, "locality" means any governmental 15 agency which exercises power pertaining to public health in 16 an area less than the State. 17 The terms "sanitary investigations and inspections" and 18 "sanitary practices" as used in this Act shall not include or 19 apply to "Public Water Supplies" or "Sewage Works" as defined 20 in the Environmental Protection Act. 21 (Source: P.A. 91-239, eff. 1-1-00.)