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1 | AN ACT concerning public health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Department of Public Health Act is amended | ||||||
5 | by changing Section 2 as follows:
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6 | (20 ILCS 2305/2) (from Ch. 111 1/2, par. 22)
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7 | Sec. 2. Powers.
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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 isolation, and may declare and enforce
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12 | quarantine and isolation when none exists, and may modify or | ||||||
13 | relax quarantine and isolation when it has
been established. | ||||||
14 | The Department may adopt, promulgate, repeal and amend
rules | ||||||
15 | and regulations and make such sanitary investigations and | ||||||
16 | inspections
as it may from time to time deem necessary for the | ||||||
17 | preservation and
improvement of the public health, consistent | ||||||
18 | with law regulating the
following:
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19 | (1) Transportation of the remains of deceased persons.
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20 | (2) Sanitary practices relating to drinking water made
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21 | accessible to the
public for human consumption or for | ||||||
22 | lavatory or culinary purposes.
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23 | (3) Sanitary practices relating to rest room |
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1 | facilities made
accessible
to the public or to persons | ||||||
2 | handling food served to the public.
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3 | (4) Sanitary practices relating to disposal of human | ||||||
4 | wastes in
or from all buildings and places where people | ||||||
5 | live, work or assemble.
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6 | The provisions of the Illinois Administrative Procedure | ||||||
7 | Act are hereby
expressly adopted and shall apply to all | ||||||
8 | administrative rules and
procedures of the Department of Public | ||||||
9 | Health under this Act, except that
Section 5-35 of the Illinois | ||||||
10 | Administrative Procedure Act relating to
procedures for | ||||||
11 | rule-making does not apply to the adoption of any rule
required | ||||||
12 | by federal law in connection with which the Department is
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13 | precluded by law from exercising any discretion.
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14 | All local boards of health, health authorities and | ||||||
15 | officers, police
officers, sheriffs and all other officers and | ||||||
16 | employees of the state or any
locality shall enforce the rules | ||||||
17 | and regulations so adopted and orders issued by the Department | ||||||
18 | pursuant to this Section.
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19 | The Department of Public Health shall conduct a public | ||||||
20 | information
campaign to inform Hispanic women of the high | ||||||
21 | incidence of breast cancer
and the importance of mammograms and | ||||||
22 | where to obtain a mammogram.
This requirement may be satisfied | ||||||
23 | by translation into Spanish and
distribution of the breast | ||||||
24 | cancer summaries required by Section 2310-345 of
the Department | ||||||
25 | of Public Health Powers and Duties Law (20 ILCS
2310/2310-345).
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26 | The information provided by the Department of Public Health |
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1 | shall include (i)
a statement that mammography is the most | ||||||
2 | accurate method for making an early
detection of breast cancer, | ||||||
3 | however, no diagnostic tool is 100% effective and
(ii) | ||||||
4 | instructions for performing breast
self-examination and a | ||||||
5 | statement that it is
important to perform a breast | ||||||
6 | self-examination monthly.
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7 | The Department of Public Health shall investigate the | ||||||
8 | causes of
dangerously contagious or infectious diseases and the | ||||||
9 | health effects, health conditions, or health ailments related | ||||||
10 | to a biological, chemical, radiological, or nuclear event , | ||||||
11 | especially when existing in
epidemic form, and take means to | ||||||
12 | restrict and suppress the same, and
whenever such disease or | ||||||
13 | event becomes, or threatens to become epidemic, in any
locality | ||||||
14 | and the local board of health or local authorities neglect or
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15 | refuse to enforce efficient measures for its restriction or | ||||||
16 | suppression or
to act with sufficient promptness or efficiency, | ||||||
17 | or whenever the local
board of health or local authorities | ||||||
18 | neglect or refuse to promptly enforce
efficient measures for | ||||||
19 | the restriction or suppression of dangerously
contagious or | ||||||
20 | infectious diseases or biological, chemical, radiological, or | ||||||
21 | nuclear events , the Department of Public Health may
enforce | ||||||
22 | such measures as it deems necessary to protect the public | ||||||
23 | health,
and all necessary expenses so incurred shall be paid by | ||||||
24 | the locality for
which services are rendered.
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25 | (b) Subject to the provisions of subsection (c), the | ||||||
26 | Department may order
a person or group of persons to be |
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1 | quarantined or isolated or may order a place to be closed and | ||||||
2 | made off
limits to the
public to prevent the probable spread of | ||||||
3 | a dangerously contagious or infectious
disease or biological, | ||||||
4 | chemical, radiological, or nuclear agent , including | ||||||
5 | non-compliant tuberculosis patients, until such time as the
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6 | condition can be corrected or the danger to the public health | ||||||
7 | eliminated or
reduced in such a manner that no substantial | ||||||
8 | danger to the public's health any
longer exists. Orders for | ||||||
9 | isolation of a person or quarantine of a place to prevent the | ||||||
10 | probable spread of a sexually transmissible disease shall be | ||||||
11 | governed by the provisions of Section 7 of the Illinois | ||||||
12 | Sexually Transmissible Disease Control Act and not this | ||||||
13 | Section.
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14 | (c) Except as provided in this Section, no person or a | ||||||
15 | group of persons may be ordered to be quarantined or isolated | ||||||
16 | and no place may
be ordered to
be closed and made off limits to | ||||||
17 | the public except with the consent of the
person or owner of | ||||||
18 | the place or
upon the prior order of a court of competent | ||||||
19 | jurisdiction. The Department may, however, order a person or a | ||||||
20 | group of persons to be quarantined or isolated or may order a | ||||||
21 | place to be closed and made off limits to the public on an | ||||||
22 | immediate basis without prior consent or court order if, in the | ||||||
23 | reasonable judgment of the Department, immediate action is | ||||||
24 | required to protect the public from a dangerously contagious or | ||||||
25 | infectious disease or biological, chemical, radiological, or | ||||||
26 | nuclear agent . In the event of an immediate order issued |
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1 | without prior consent or court order, the Department shall, as | ||||||
2 | soon as practical, within 48 hours after issuing the order, | ||||||
3 | obtain the consent of the person or owner or file a petition | ||||||
4 | requesting a court order authorizing the isolation or | ||||||
5 | quarantine or closure. When exigent circumstances exist that | ||||||
6 | cause the court system to be unavailable or that make it | ||||||
7 | impossible to obtain consent or file a petition within 48 hours | ||||||
8 | after issuance of an immediate order, the Department must | ||||||
9 | obtain consent or file a petition requesting a court order as | ||||||
10 | soon as reasonably possible. To obtain a court order,
the | ||||||
11 | Department, by clear and convincing evidence, must prove that | ||||||
12 | the public's
health and
welfare are significantly endangered by | ||||||
13 | a person or group of persons that has, that is suspected of | ||||||
14 | having, that has been exposed to, or that is reasonably | ||||||
15 | believed to have been exposed to a dangerously contagious
or | ||||||
16 | infectious disease or biological, chemical, radiological, or | ||||||
17 | nuclear agent, including non-compliant tuberculosis patients | ||||||
18 | or
by a place where there is a significant amount of activity | ||||||
19 | likely to spread a
dangerously contagious or infectious disease | ||||||
20 | or biological, chemical, radiological, or nuclear agent . The | ||||||
21 | Department must also prove
that
all other
reasonable means of | ||||||
22 | correcting the problem have been exhausted and no less
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23 | restrictive alternative exists. For purposes of this | ||||||
24 | subsection, in determining whether no less restrictive | ||||||
25 | alternative exists, the court shall consider evidence showing | ||||||
26 | that, under the circumstances presented by the case in which an |
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1 | order is sought, quarantine or isolation is the measure | ||||||
2 | provided for in a rule of the Department or in guidelines | ||||||
3 | issued by the Centers for Disease Control and Prevention or the | ||||||
4 | World Health Organization. Persons who are or are about to be | ||||||
5 | ordered to be isolated or quarantined and owners of places that | ||||||
6 | are or are about to be closed and made off limits to the public | ||||||
7 | shall have the right to counsel. If a person or owner is | ||||||
8 | indigent, the court shall appoint counsel for that person or | ||||||
9 | owner. Persons who are ordered to be isolated or quarantined or | ||||||
10 | who are owners of places that are ordered to be closed and made | ||||||
11 | off limits to the public, shall be given a written notice of | ||||||
12 | such order. The written notice shall additionally include the | ||||||
13 | following: (1) notice of the right to counsel; (2) notice that | ||||||
14 | if the person or owner is indigent, the court will appoint | ||||||
15 | counsel for that person or owner; (3) notice of the reason for | ||||||
16 | the order for isolation, quarantine, or closure; (4) notice of | ||||||
17 | whether the order is an immediate order, and if so, the time | ||||||
18 | frame for the Department to seek consent or to file a petition | ||||||
19 | requesting a court order as set out in this subsection; and (5) | ||||||
20 | notice of the anticipated duration of the isolation, | ||||||
21 | quarantine, or closure.
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22 | (d) The Department may order physical examinations and | ||||||
23 | tests and collect laboratory specimens as necessary for the | ||||||
24 | diagnosis or treatment of individuals in order to prevent the | ||||||
25 | probable spread of a dangerously contagious or infectious | ||||||
26 | disease or biological, chemical, radiological, or nuclear |
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1 | agent . Physical examinations, tests, or collection of | ||||||
2 | laboratory specimens must not be such as are reasonably likely | ||||||
3 | to lead to serious harm to the affected individual. To prevent | ||||||
4 | the spread of a dangerously contagious or infectious disease or | ||||||
5 | biological, chemical, radiological, or nuclear agent , the | ||||||
6 | Department may, pursuant to the provisions of subsection (c) of | ||||||
7 | this Section, isolate or quarantine any person whose refusal of | ||||||
8 | physical examination or testing or collection of laboratory | ||||||
9 | specimens results in uncertainty regarding whether he or she | ||||||
10 | has been exposed to or is infected with a dangerously | ||||||
11 | contagious or infectious disease or biological, chemical, | ||||||
12 | radiological, or nuclear agent or otherwise poses a danger to | ||||||
13 | the public's health. An individual may refuse to consent to a | ||||||
14 | physical examination, test, or collection of laboratory | ||||||
15 | specimens. An individual shall be given a written notice that | ||||||
16 | shall include notice of the following: (i) that the individual | ||||||
17 | may refuse to consent to physical examination, test, or | ||||||
18 | collection of laboratory specimens; (ii) that if the individual | ||||||
19 | consents to physical examination, tests, or collection of | ||||||
20 | laboratory specimens, the results of that examination, test, or | ||||||
21 | collection of laboratory specimens may subject the individual | ||||||
22 | to isolation or quarantine pursuant to the provisions of | ||||||
23 | subsection (c) of this Section; (iii) that if the individual | ||||||
24 | refuses to consent to physical examination, tests, or | ||||||
25 | collection of laboratory specimens and that refusal results in | ||||||
26 | uncertainty regarding whether he or she has been exposed to or |
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1 | is infected with a dangerously contagious or infectious disease | ||||||
2 | or otherwise poses a danger to the public's health, the | ||||||
3 | individual may be subject to isolation or quarantine pursuant | ||||||
4 | to the provisions of subsection (c) of this Section; and (iv) | ||||||
5 | that if the individual refuses to consent to physical | ||||||
6 | examinations, tests, or collection of laboratory specimens and | ||||||
7 | becomes subject to isolation and quarantine as provided in this | ||||||
8 | subsection (d), he or she shall have the right to counsel | ||||||
9 | pursuant to the provisions of subsection (c) of this Section. | ||||||
10 | To the extent feasible without endangering the public's health, | ||||||
11 | the Department shall respect and accommodate the religious | ||||||
12 | beliefs of individuals in implementing this subsection. | ||||||
13 | (e) The Department may order the administration of | ||||||
14 | vaccines, medications, or other treatments to persons as | ||||||
15 | necessary in order to prevent the probable spread of a | ||||||
16 | dangerously contagious or infectious disease or biological, | ||||||
17 | chemical, radiological, or nuclear agent . A vaccine, | ||||||
18 | medication, or other treatment to be administered must not be | ||||||
19 | such as is reasonably likely to lead to serious harm to the | ||||||
20 | affected individual. To prevent the spread of a dangerously | ||||||
21 | contagious or infectious disease or biological, chemical, | ||||||
22 | radiological, or nuclear agent , the Department may, pursuant to | ||||||
23 | the provisions of subsection (c) of this Section, isolate or | ||||||
24 | quarantine persons who are unable or unwilling to receive | ||||||
25 | vaccines, medications, or other treatments pursuant to this | ||||||
26 | Section. An individual may refuse to receive vaccines, |
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1 | medications, or other treatments. An individual shall be given | ||||||
2 | a written notice that shall include notice of the following: | ||||||
3 | (i) that the individual may refuse to consent to vaccines, | ||||||
4 | medications, or other treatments; (ii) that if the individual | ||||||
5 | refuses to receive vaccines, medications, or other treatments, | ||||||
6 | the individual may be subject to isolation or quarantine | ||||||
7 | pursuant to the provisions of subsection (c) of this Section; | ||||||
8 | and (iii) that if the individual refuses to receive vaccines, | ||||||
9 | medications, or other treatments and becomes subject to | ||||||
10 | isolation or quarantine as provided in this subsection (e), he | ||||||
11 | or she shall have the right to counsel pursuant to the | ||||||
12 | provisions of subsection (c) of this Section. To the extent | ||||||
13 | feasible without endangering the public's health, the | ||||||
14 | Department shall respect and accommodate the religious beliefs | ||||||
15 | of individuals in implementing this subsection. | ||||||
16 | (f) The Department may order observation and monitoring of | ||||||
17 | persons to prevent the probable spread of a dangerously | ||||||
18 | contagious or infectious disease or biological, chemical, | ||||||
19 | radiological, or nuclear agent . To prevent the spread of a | ||||||
20 | dangerously contagious or infectious disease or biological, | ||||||
21 | chemical, radiological, or nuclear agent , the Department may, | ||||||
22 | pursuant to the provisions of subsection (c) of this Section, | ||||||
23 | isolate or quarantine persons whose refusal to undergo | ||||||
24 | observation and monitoring results in uncertainty regarding | ||||||
25 | whether he or she has been exposed to or is infected with a | ||||||
26 | dangerously contagious or infectious disease or biological, |
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1 | chemical, radiological, or nuclear agent or otherwise poses a | ||||||
2 | danger to the public's health. An individual may refuse to | ||||||
3 | undergo observation and monitoring. An individual shall be | ||||||
4 | given written notice that shall include notice of the | ||||||
5 | following: (i) that the individual may refuse to undergo | ||||||
6 | observation and monitoring; (ii) that if the individual | ||||||
7 | consents to observation and monitoring, the results of that | ||||||
8 | observation and monitoring may subject the individual to | ||||||
9 | isolation or quarantine pursuant to the provisions of | ||||||
10 | subsection (c) of this Section; (iii) that if the individual | ||||||
11 | refuses to undergo observation and monitoring and that refusal | ||||||
12 | results in uncertainty regarding whether he or she has been | ||||||
13 | exposed to or is infected with a dangerously contagious or | ||||||
14 | infectious disease or biological, chemical, radiological, or | ||||||
15 | nuclear agent or otherwise poses a danger to the public's | ||||||
16 | health, the individual may be subject to isolation or | ||||||
17 | quarantine pursuant to the provisions of subsection (c) of this | ||||||
18 | Section; and (iv) that if the individual refuses to undergo | ||||||
19 | observation and monitoring and becomes subject to isolation or | ||||||
20 | quarantine as provided in this subsection (f), he or she shall | ||||||
21 | have the right to counsel pursuant to the provisions of | ||||||
22 | subsection (c) of this Section. | ||||||
23 | (g) To prevent the spread of a dangerously contagious or | ||||||
24 | infectious disease or biological, chemical, radiological, or | ||||||
25 | nuclear agent among humans, the Department may examine, test, | ||||||
26 | disinfect, seize, or destroy animals or other related property |
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1 | believed to be sources of infection. An owner of such animal or | ||||||
2 | other related property shall be given written notice regarding | ||||||
3 | such examination, testing, disinfection, seizure, or | ||||||
4 | destruction. When the Department determines that any animal or | ||||||
5 | related property is infected with or has been exposed to a | ||||||
6 | dangerously contagious or infectious disease or biological, | ||||||
7 | chemical, radiological, or nuclear agent , it may agree with the | ||||||
8 | owner upon the value of the animal or of any related property | ||||||
9 | that it may be found necessary to destroy, and in case such an | ||||||
10 | agreement cannot be made, the animals or related property shall | ||||||
11 | be appraised by 3 competent and disinterested appraisers, one | ||||||
12 | to be selected by the Department, one by the claimant, and one | ||||||
13 | by the 2 appraisers thus selected. The appraisers shall | ||||||
14 | subscribe to an oath made in writing to fairly value the | ||||||
15 | animals or related property in accordance with the requirements | ||||||
16 | of this Act. The oath, together with the valuation fixed by the | ||||||
17 | appraisers, shall be filed with the Department and preserved by | ||||||
18 | it. Upon the appraisal being made, the owner or the Department | ||||||
19 | shall immediately destroy the animals by "humane euthanasia" as | ||||||
20 | that term is defined in Section 2.09 of the Humane Care for | ||||||
21 | Animals Act. Dogs and cats, however, shall be euthanized | ||||||
22 | pursuant to the provisions of the Humane Euthanasia in Animal | ||||||
23 | Shelters Act. The owner or the Department shall additionally, | ||||||
24 | dispose of the carcasses, and disinfect, change, or destroy the | ||||||
25 | premises occupied by the animals, in accordance with rules | ||||||
26 | prescribed by the Department governing such destruction and |
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1 | disinfection. Upon his or her failure so to do or to cooperate | ||||||
2 | with the Department, the Department shall cause the animals or | ||||||
3 | related property to be destroyed and disposed of in the same | ||||||
4 | manner, and thereupon the owner shall forfeit all right to | ||||||
5 | receive any compensation for the destruction of the animals or | ||||||
6 | related property. All final administrative decisions of the | ||||||
7 | Department hereunder shall be subject to judicial review | ||||||
8 | pursuant to the provisions of the Administrative Review Law, | ||||||
9 | and all amendments and modifications thereof, and the rules | ||||||
10 | adopted pursuant thereto. The term "administrative decision" | ||||||
11 | is defined as in Section 3-101 of the Code of Civil Procedure.
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12 | (h) To prevent the spread of a dangerously contagious or | ||||||
13 | infectious disease or biological, chemical, radiological, or | ||||||
14 | nuclear agent , the Department, local boards of health, and | ||||||
15 | local public health authorities shall have emergency access to | ||||||
16 | medical or health information or records or data upon the | ||||||
17 | condition that the Department, local boards of health, and | ||||||
18 | local public health authorities shall protect the privacy and | ||||||
19 | confidentiality of any medical or health information or records | ||||||
20 | or data obtained pursuant to this Section in accordance with | ||||||
21 | federal and State law. Additionally, any such medical or health | ||||||
22 | information or records or data shall be exempt from inspection | ||||||
23 | and copying under the Freedom of Information Act. Other than a | ||||||
24 | hearing for the purpose of this Act, any information, records, | ||||||
25 | reports, statements, notes, memoranda, or other data in the | ||||||
26 | possession of the Department, local boards of health, or local |
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1 | public health authorities shall not be admissible as evidence, | ||||||
2 | nor discoverable in any action of any kind in any court or | ||||||
3 | before any tribunal, board, agency, or person. The access to or | ||||||
4 | disclosure of any of this information or data by the | ||||||
5 | Department, a local board of health, or a local public | ||||||
6 | authority shall not waive or have any effect upon its | ||||||
7 | non-discoverability or non-admissibility. Any person, | ||||||
8 | facility, institution, or agency that provides emergency | ||||||
9 | access to health information and data under this subsection | ||||||
10 | shall have immunity from any civil or criminal liability, or | ||||||
11 | any other type of liability that might otherwise result by | ||||||
12 | reason of these actions except in the event of willful and | ||||||
13 | wanton misconduct. The privileged quality of communication | ||||||
14 | between any professional person or any facility shall not | ||||||
15 | constitute grounds for failure to provide emergency access. | ||||||
16 | Nothing in this subsection shall prohibit the sharing of | ||||||
17 | information as authorized in Section 2.1 of this Act. The | ||||||
18 | disclosure of any of this information, records, reports, | ||||||
19 | statements, notes, memoranda, or other data obtained in any | ||||||
20 | activity under this Act, except that necessary for the purposes | ||||||
21 | of this Act, is unlawful, and any person convicted of violating | ||||||
22 | this provision is guilty of a Class A misdemeanor.
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23 | (i) (A) The Department, in order to prevent and control | ||||||
24 | disease, injury, or disability among citizens of the State | ||||||
25 | of Illinois, may develop and implement, in consultation | ||||||
26 | with local public health authorities, a Statewide system |
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1 | for syndromic data collection through the access to | ||||||
2 | interoperable networks, information exchanges, and | ||||||
3 | databases. The Department may also develop a system for the | ||||||
4 | reporting of comprehensive, integrated data to identify | ||||||
5 | and address unusual occurrences of disease symptoms and | ||||||
6 | other medical complexes affecting the public's health. | ||||||
7 | (B) The Department may enter into contracts or | ||||||
8 | agreements with individuals, corporations, hospitals, | ||||||
9 | universities, not-for-profit corporations, governmental | ||||||
10 | entities, or other organizations, whereby those | ||||||
11 | individuals or entities agree to provide assistance in the | ||||||
12 | compilation of the syndromic data collection and reporting | ||||||
13 | system.
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14 | (C) The Department shall not release any syndromic data | ||||||
15 | or information obtained pursuant to this subsection to any | ||||||
16 | individuals or entities for purposes other than the | ||||||
17 | protection of the public health. All access to data by the | ||||||
18 | Department, reports made to the Department, the identity of | ||||||
19 | or facts that would tend to lead to the identity of the | ||||||
20 | individual who is the subject of the report, and the | ||||||
21 | identity of or facts that would tend to lead to the | ||||||
22 | identity of the author of the report shall be strictly | ||||||
23 | confidential, are not subject to inspection or | ||||||
24 | dissemination, and shall be used only for public health | ||||||
25 | purposes by the Department, local public health | ||||||
26 | authorities, or the Centers for Disease Control and |
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1 | Prevention. Entities or individuals submitting reports or | ||||||
2 | providing access to the Department shall not be held liable | ||||||
3 | for the release of information or confidential data to the | ||||||
4 | Department in accordance with this subsection.
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5 | (D) Nothing in this subsection prohibits the sharing of | ||||||
6 | information as authorized in Section 2.1 of this Act.
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7 | (j) This Section shall be considered supplemental to the | ||||||
8 | existing
authority and powers of the Department and shall not | ||||||
9 | be construed to
restrain or restrict the Department in | ||||||
10 | protecting the public health under any
other provisions of the | ||||||
11 | law.
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12 | (k) Any person who knowingly or maliciously disseminates | ||||||
13 | any false
information or report concerning the existence of any | ||||||
14 | dangerously contagious or
infectious disease in connection | ||||||
15 | with the Department's power of quarantine,
isolation and | ||||||
16 | closure or refuses to comply with a quarantine, isolation or
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17 | closure order is guilty
of a Class A misdemeanor.
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18 | (l) The Department of Public Health may establish and | ||||||
19 | maintain a
chemical
and bacteriologic laboratory for the | ||||||
20 | examination of water and wastes, and
for the diagnosis of | ||||||
21 | diphtheria, typhoid fever, tuberculosis, malarial
fever and | ||||||
22 | such other diseases as it deems necessary for the protection of
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23 | the public health.
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24 | As used in this Act, "locality" means any governmental | ||||||
25 | agency which
exercises power pertaining to public health in an | ||||||
26 | area less than the State.
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1 | The terms "sanitary investigations and inspections" and | ||||||
2 | "sanitary
practices" as used in this Act shall not include or | ||||||
3 | apply to "Public Water
Supplies" or "Sewage Works" as defined | ||||||
4 | in the Environmental Protection Act. The Department may adopt | ||||||
5 | rules that are reasonable and necessary to implement and | ||||||
6 | effectuate this amendatory Act of the 93rd General Assembly.
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7 | (Source: P.A. 93-829, eff. 7-28-04.)
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.
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