093_HB0006sam001
LRB093 02058 MKM 16150 a
1 AMENDMENT TO HOUSE BILL 6
2 AMENDMENT NO. . Amend House Bill 6 on page 1, by
3 replacing line 24 with the following:
4 "amended by changing Section 2305-2 and by adding Sections
5 2305-2.1 and 2310-50.5 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
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1 facilities made accessible to the public or to persons
2 handling food served to the public.
3 (4) Sanitary practices relating to disposal of
4 human wastes in or from all buildings and places where
5 people live, work or assemble.
6 The provisions of the Illinois Administrative Procedure
7 Act are hereby expressly adopted and shall apply to all
8 administrative rules and procedures promulgated by of the
9 Department of Public Health under this Act, except that: (i)
10 to the extent that this Act conflicts with the Illinois
11 Administrative Procedure Act, the provisions of this Act
12 shall control; (ii) Section 5-35 of the Illinois
13 Administrative Procedure Act relating to procedures for
14 rule-making does not apply to the adoption of any rule
15 required by federal law in connection with which the
16 Department is precluded by law from exercising any
17 discretion; and (iii) Section 5-45 of the Illinois
18 Administrative Procedure Act relating to limitations on
19 emergency rulemaking does not apply to the adoption of any
20 rule under Section 2.1 of this Act.
21 All local boards of health, health authorities and
22 officers, police officers, sheriffs and all other officers
23 and employees of the state or any locality shall enforce the
24 rules and regulations so adopted.
25 The Department of Public Health shall conduct a public
26 information campaign to inform Hispanic women of the high
27 incidence of breast cancer and the importance of mammograms
28 and where to obtain a mammogram. This requirement may be
29 satisfied by translation into Spanish and distribution of the
30 breast cancer summaries required by Section 2310-345 of the
31 Department of Public Health Powers and Duties Law (20 ILCS
32 2310/2310-345). The information provided by the Department of
33 Public Health shall include (i) a statement that mammography
34 is the most accurate method for making an early detection of
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1 breast cancer, however, no diagnostic tool is 100% effective
2 and (ii) instructions for performing breast self-examination
3 and a statement that it is important to perform a breast
4 self-examination monthly.
5 The Department of Public Health shall investigate the
6 causes of dangerously contagious or infectious diseases,
7 especially when existing in epidemic form, and take means to
8 restrict and suppress the same, and whenever such disease
9 becomes, or threatens to become epidemic, in any locality and
10 the local board of health or local authorities neglect or
11 refuse to enforce efficient measures for its restriction or
12 suppression or to act with sufficient promptness or
13 efficiency, or whenever the local board of health or local
14 authorities neglect or refuse to promptly enforce efficient
15 measures for the restriction or suppression of dangerously
16 contagious or infectious diseases, the Department of Public
17 Health may enforce such measures as it deems necessary to
18 protect the public health, and all necessary expenses so
19 incurred shall be paid by the locality for which services are
20 rendered.
21 (b) Subject to the provisions of subsection (c), the
22 Department may order a person to be quarantined or isolated
23 or a place to be closed and made off limits to the public to
24 prevent the probable spread of a dangerously contagious or
25 infectious disease, including non-compliant tuberculosis
26 patients, until such time as the condition can be corrected
27 or the danger to the public health eliminated or reduced in
28 such a manner that no substantial danger to the public's
29 health any longer exists.
30 (c) The Department may order a No person or a group of
31 persons may be ordered to be quarantined or isolated or may
32 order a and no place may be ordered to be closed and made off
33 limits to the public except with the consent of the person or
34 owner of the place or upon the prior order of a court of
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1 competent jurisdiction. In addition, the Department may order
2 a person or a group of persons to be quarantined or isolated
3 or may order a place to be closed and made off limits to the
4 public on an immediate basis without prior consent or court
5 order if, in the judgment of the Department, immediate action
6 is required to protect the public health until the condition
7 can be corrected or until the danger to the public health is
8 eliminated or reduced in such a manner that no immediate
9 threat to the public health exists. In the event of an
10 immediate order issued without prior consent or court order,
11 the Department shall, as soon as reasonably practicable, but
12 in no event later than 48 hours after issuing the order,
13 obtain the consent of the person or owner or file a petition
14 requesting a court order authorizing the isolation or
15 quarantine or closure. When exigent circumstances exist that
16 make it untenable to obtain consent or file a petition within
17 48 hours of issuance of an immediate order or when a state of
18 public health emergency has been declared pursuant to Section
19 2.1, the Department must obtain consent or file a petition
20 requesting a court order as soon as reasonably possible. To
21 obtain a court order, the Department, by clear and convincing
22 evidence, must prove that the public's health and welfare are
23 significantly endangered by a person or group of persons that
24 has, that is suspected of having, or that has been exposed to
25 with a dangerously contagious or infectious disease including
26 non-compliant tuberculosis patients or by a place where there
27 is a significant amount of activity likely to spread a
28 dangerously contagious or infectious disease. The Department
29 must also prove that all other reasonable means of
30 correcting the problem have been exhausted and no less
31 restrictive alternative exists. The Department's burden of
32 proof under this subsection shall be satisfied upon a showing
33 that, under the circumstances presented by the case in which
34 an order is sought, quarantine or isolation is the measure
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1 provided for in a rule of the Department or in guidelines
2 issued by the Centers for Disease Control and Prevention or
3 the World Health Organization. The Department is authorized
4 to promulgate rules that are reasonable and necessary to
5 implement and effectuate the issuance of orders pursuant to
6 this Section, including rules providing for due process
7 protections.
8 (d) This Section shall be considered supplemental to the
9 existing authority and powers of the Department and shall not
10 be construed to restrain or restrict the Department in
11 protecting the public health under any other provisions of
12 the law.
13 (e) Any person who knowingly or maliciously disseminates
14 any false information or report concerning the existence of
15 any dangerously contagious or infectious disease in
16 connection with the Department's power of quarantine,
17 isolation and closure or refuses to comply with a quarantine,
18 isolation or closure order is guilty of a Class A
19 misdemeanor.
20 (f) The Department of Public Health may establish and
21 maintain a chemical and bacteriologic laboratory for the
22 examination of water and wastes, and for the diagnosis of
23 diphtheria, typhoid fever, tuberculosis, malarial fever and
24 such other diseases as it deems necessary for the protection
25 of the public health.
26 As used in this Act, "locality" means any governmental
27 agency which exercises power pertaining to public health in
28 an area less than the State.
29 The terms "sanitary investigations and inspections" and
30 "sanitary practices" as used in this Act shall not include or
31 apply to "Public Water Supplies" or "Sewage Works" as defined
32 in the Environmental Protection Act.
33 (Source: P.A. 91-239, eff. 1-1-00.)
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1 (20 ILCS 2305/2.1 new)
2 Sec. 2.1. Emergency powers.
3 (a) "Public health emergency" means an occurrence or
4 imminent threat of an illness or health condition caused by
5 bioterrorism, terrorism, epidemic or pandemic disease, an
6 infectious agent, a toxin, a natural disaster, or a source of
7 unknown origin that poses a substantial risk of a significant
8 number of human fatalities or incidents of permanent or
9 long-term disability. The presence of human immunodeficiency
10 virus (HIV) or acquired immunodeficiency syndrome (AIDS) does
11 not constitute a public health emergency within the meaning
12 of this Section.
13 (b) The Governor may declare a state of public health
14 emergency upon the occurrence of a public health emergency.
15 Upon the declaration of a public health emergency and in
16 coordination with the Governor and other State and local
17 authorities, the Department shall immediately assume
18 jurisdiction, responsibility, and authority for the emergency
19 powers necessary to protect the public health. These
20 emergency powers may include, without limitation:
21 (1) Emergency access to medical records and other
22 essential health data, provided, however, that the
23 Department shall protect the privacy and confidentiality
24 of any medical records and other essential health data
25 obtained pursuant to this Section in accordance with
26 federal and State law.
27 (2) Ordering a person or a group of persons to be
28 quarantined or isolated or ordering a place to be closed
29 and made off limits to the public on an immediate basis,
30 without prior consent or court order, pursuant to the
31 provisions of subsection (c).
32 (3) Emergency controls regarding facilities,
33 medical equipment and supplies, and medications, whether
34 publicly or privately held, to the extent reasonable and
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1 necessary for emergency response. These controls may
2 include, but are not limited to: (i) examination,
3 closure, evacuation, decontamination, or disposal of
4 facilities, supplies, medications, equipment, and
5 materials; (ii) procurement, by condemnation or
6 otherwise, construction, lease, transportation, storage,
7 maintenance, renovation, or distribution of facilities,
8 supplies, medications, equipment, and materials; (iii)
9 compelling the use of a facility for purposes that are
10 reasonable and necessary for emergency response; (iv)
11 control and regulation of the distribution of supplies,
12 medications, equipment, and materials; (v) regulation of
13 ingress and egress to and from any stricken or threatened
14 public area, the movement of persons within that area,
15 and the occupancy of premises within that area; and (vi)
16 adoption of measures to provide for the safe disposal of
17 infectious waste.
18 (4) Temporary certification of unlicensed
19 health-related facilities and personnel and expansion of
20 the proper scope of activities of licensed health-related
21 facilities and personnel for medical and health related
22 functions.
23 (5) Emergency powers concerning the management of
24 persons to the extent reasonable and necessary for
25 emergency response. These powers may include, but are not
26 limited to: (i) the identification of exposed persons;
27 (ii) medical examinations and testing; (iii) laboratory
28 tests; (iv) administration of vaccines and medications;
29 and (v) the safe disposal of corpses and other human
30 remains.
31 (c) The Department, Director, employees, or agents of
32 the Department, and any person temporarily certified pursuant
33 to the provisions of paragraph (4) of subsection (b) who, in
34 good faith, provides emergency care without fee to any person
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1 shall not, as a result of his or her acts or omissions,
2 except in the case of willful and wanton misconduct on the
3 part of the person providing the care, be liable for civil
4 damages to a person for whom emergency care is provided.
5 (d) The Department shall possess the emergency powers
6 set forth in subsection (b) during a state of public health
7 emergency. The Governor may terminate the declaration of a
8 state of public health emergency upon finding that the
9 occurrence of an illness or health condition that caused the
10 emergency no longer poses a substantial risk of a significant
11 number of human fatalities or incidents of permanent or
12 long-term disability. A declaration of a state of public
13 health emergency shall be terminated automatically after 30
14 days unless renewed by the Governor. At any time after the
15 renewal by the Governor, but in no event during the first 30
16 days of a declaration of a state of public health emergency,
17 the General Assembly may vote to terminate the declaration of
18 a state of public health emergency upon finding that the
19 occurrence of an illness or health condition that caused the
20 emergency no longer poses a substantial risk of a significant
21 number of human fatalities or incidents of permanent or
22 long-term disability.
23 (e) The Department is authorized to promulgate rules
24 reasonable and necessary to implement and effectuate the
25 provisions of this Section. The Department shall have the
26 power to enforce the provisions of subsection (b) through the
27 imposition of fines and penalties, the issuance of orders,
28 other enforcement provisions of this Act, and other remedies
29 as provided by law, but nothing in this Section shall be
30 construed to limit specific enforcement powers enumerated in
31 this Act.
32 (f) The State shall pay just compensation to the owner
33 of any facilities, supplies, medications, equipment, or
34 materials that are lawfully taken or appropriated by the
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1 Department pursuant to paragraph (3) of subsection (b), in
2 accordance with the procedures set forth in Section 7 of the
3 Illinois Emergency Management Agency Act."; and
4 on page 2, immediately below line 1, by inserting the
5 following:
6 "Section 11. The Department of Public Health Powers and
7 Duties Law of the Civil Administrative Code of Illinois is
8 amended by changing Sections 2310-5 and 2310-35 and by adding
9 Sections 2310-610, 2310-615, 2310-620, 2310-625, 2310-630,
10 and 2310-635 as follows:
11 (20 ILCS 2310/2310-5)
12 Sec. 2310-5. Definitions. In this Law:
13 "Department" means the Department of Public Health.
14 "Director" means the Director of Public Health.
15 "Public health emergency" has the meaning set forth in
16 Section 2.1 of the Department of Public Health Act.
17 (Source: P.A. 91-239, eff. 1-1-00.)
18 (20 ILCS 2310/2310-35) (was 20 ILCS 2310/55.27)
19 Sec. 2310-35. Federal monies; indirect cost
20 reimbursements. To accept, receive, and receipt for federal
21 monies, for and in behalf of the State, given by the federal
22 government under any federal law to the State for health
23 purposes, surveys, or programs, and to adopt necessary rules
24 pertaining thereto pursuant to the Illinois Administrative
25 Procedure Act. To deposit all indirect cost reimbursements
26 received by the Department into the Public Health Special
27 State Projects Fund and to expend those funds, subject to
28 appropriation, for public health purposes only.
29 (Source: P.A. 91-239, eff. 1-1-00.)
30 (20 ILCS 2310-610 new)
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1 Sec. 2310-610. Rules and regulations; contact list;
2 public health emergency response plans. The Department shall
3 adopt and implement rules, contact lists, and response plans
4 governing public health emergency preparedness, response,
5 mitigation, and recovery.
6 (20 ILCS 2310-615 new)
7 Sec. 2310-615. Public health emergency plans; local
8 health departments and licensed facilities. The Department
9 shall require and oversee development, coordination, and
10 implementation of public health emergency preparedness,
11 response, mitigation, and recovery plans by local health
12 departments and facilities licensed by the Department.
13 (20 ILCS 2310-620 new)
14 Sec. 2310-620. Cooperation with authorities; public
15 health emergency. The Department shall cooperate with the
16 Governor and other State and local authorities in the
17 development of strategies and plans to protect the public
18 health in the event of a public health emergency.
19 (20 ILCS 2310-625 new)
20 Sec. 2310-625. Public health data; public health
21 emergency. The Department shall assure that public health
22 data collection and maintenance systems are adequately
23 prepared to access timely information regarding a public
24 health emergency.
25 (20 ILCS 2310-630 new)
26 Sec. 2310-630. Collaboration with authorities; public
27 health emergency. The Department shall collaborate with
28 relevant federal government authorities, State and local
29 authorities, elected officials from other states, and private
30 sector organizations on public health emergency preparedness,
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1 response, mitigation, and recovery.
2 (20 ILCS 2310-635 new)
3 Sec. 2310-635. Illinois Administrative Procedure Act
4 provisions adopted; exceptions. The provisions of the
5 Illinois Administrative Procedure Act are hereby expressly
6 adopted and shall apply to all administrative rules and
7 procedures promulgated by the Department under this Act,
8 except that: (i) to that extent that this Act conflicts with
9 the Illinois Administrative Procedure Act, the provisions of
10 this Act shall control; (ii) Section 5-35 of the Illinois
11 Administrative Procedure Act relating to procedures for
12 rule-making does not apply to the adoption of any rule
13 required by federal law in connection with which the
14 Department is precluded by law from exercising any
15 discretion; and (iii) Section 5-45 of the Illinois
16 Administrative Procedure Act relating to limitations on
17 emergency rule-making does not apply to the adoption of any
18 rule under Section 2310-610, 2310-615, 2310-620, 2310-625 and
19 2310-630 of this Act.".