Illinois General Assembly - Full Text of HB5524
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Full Text of HB5524  102nd General Assembly

HB5524 102ND GENERAL ASSEMBLY


 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5524

 

Introduced 1/31/2022, by Rep. Delia C. Ramirez

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2305/2  from Ch. 111 1/2, par. 22

    Amends the Department of Public Health Act. Makes a technical change in a Section concerning the powers of the Department of Public Health.


LRB102 26097 CPF 35577 b

 

 

A BILL FOR

 

HB5524LRB102 26097 CPF 35577 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Public Health Act is amended
5by changing Section 2 as follows:
 
6    (20 ILCS 2305/2)  (from Ch. 111 1/2, par. 22)
7    Sec. 2. Powers.
8    (a) The The State Department of Public Health has general
9supervision of the interests of the health and lives of the
10people of the State. It has supreme authority in matters of
11quarantine and isolation, and may declare and enforce
12quarantine and isolation when none exists, and may modify or
13relax quarantine and isolation when it has been established.
14The Department may adopt, promulgate, repeal and amend rules
15and regulations and make such sanitary investigations and
16inspections as it may from time to time deem necessary for the
17preservation and improvement of the public health, consistent
18with law regulating the following:
19        (1) Transportation of the remains of deceased persons.
20        (2) Sanitary practices relating to drinking water made
21    accessible to the public for human consumption or for
22    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 human
4    wastes in or from all buildings and places where people
5    live, work or assemble.
6    The provisions of the Illinois Administrative Procedure
7Act are hereby expressly adopted and shall apply to all
8administrative rules and procedures of the Department of
9Public Health under this Act, except that Section 5-35 of the
10Illinois Administrative Procedure Act relating to procedures
11for rule-making does not apply to the adoption of any rule
12required by federal law in connection with which the
13Department is precluded by law from exercising any discretion.
14    All local boards of health, health authorities and
15officers, police officers, sheriffs and all other officers and
16employees of the state or any locality shall enforce the rules
17and regulations so adopted and orders issued by the Department
18pursuant to this Section.
19    The Department of Public Health shall conduct a public
20information campaign to inform Hispanic women of the high
21incidence of breast cancer and the importance of mammograms
22and where to obtain a mammogram. This requirement may be
23satisfied by translation into Spanish and distribution of the
24breast cancer summaries required by Section 2310-345 of the
25Department of Public Health Powers and Duties Law (20 ILCS
262310/2310-345). The information provided by the Department of

 

 

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1Public Health shall include (i) a statement that mammography
2is the most accurate method for making an early detection of
3breast cancer, however, no diagnostic tool is 100% effective
4and (ii) instructions for performing breast self-examination
5and a statement that it is important to perform a breast
6self-examination monthly.
7    The Department of Public Health shall investigate the
8causes of dangerously contagious or infectious diseases,
9especially when existing in epidemic form, and take means to
10restrict and suppress the same, and whenever such disease
11becomes, or threatens to become epidemic, in any locality and
12the local board of health or local authorities neglect or
13refuse to enforce efficient measures for its restriction or
14suppression or to act with sufficient promptness or
15efficiency, or whenever the local board of health or local
16authorities neglect or refuse to promptly enforce efficient
17measures for the restriction or suppression of dangerously
18contagious or infectious diseases, the Department of Public
19Health may enforce such measures as it deems necessary to
20protect the public health, and all necessary expenses so
21incurred shall be paid by the locality for which services are
22rendered.
23    (b) Subject to the provisions of subsection (c), the
24Department may order a person or group of persons to be
25quarantined or isolated or may order a place to be closed and
26made off limits to the public to prevent the probable spread of

 

 

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1a dangerously contagious or infectious disease, including
2non-compliant tuberculosis patients, until such time as the
3condition can be corrected or the danger to the public health
4eliminated or reduced in such a manner that no substantial
5danger to the public's health any longer exists. Orders for
6isolation of a person or quarantine of a place to prevent the
7probable spread of a sexually transmissible disease shall be
8governed by the provisions of Section 7 of the Illinois
9Sexually Transmissible Disease Control Act and not this
10Section.
11    (c) Except as provided in this Section, no person or a
12group of persons may be ordered to be quarantined or isolated
13and no place may be ordered to be closed and made off limits to
14the public except with the consent of the person or owner of
15the place or upon the prior order of a court of competent
16jurisdiction. The Department may, however, order a person or a
17group of persons to be quarantined or isolated or may order a
18place to be closed and made off limits to the public on an
19immediate basis without prior consent or court order if, in
20the reasonable judgment of the Department, immediate action is
21required to protect the public from a dangerously contagious
22or infectious disease. In the event of an immediate order
23issued without prior consent or court order, the Department
24shall, as soon as practical, within 48 hours after issuing the
25order, obtain the consent of the person or owner or file a
26petition requesting a court order authorizing the isolation or

 

 

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1quarantine or closure. When exigent circumstances exist that
2cause the court system to be unavailable or that make it
3impossible to obtain consent or file a petition within 48
4hours after issuance of an immediate order, the Department
5must obtain consent or file a petition requesting a court
6order as soon as reasonably possible. To obtain a court order,
7the Department, by clear and convincing evidence, must prove
8that the public's health and welfare are significantly
9endangered by a person or group of persons that has, that is
10suspected of having, that has been exposed to, or that is
11reasonably believed to have been exposed to a dangerously
12contagious or infectious disease including non-compliant
13tuberculosis patients or by a place where there is a
14significant amount of activity likely to spread a dangerously
15contagious or infectious disease. The Department must also
16prove that all other reasonable means of correcting the
17problem have been exhausted and no less restrictive
18alternative exists. For purposes of this subsection, in
19determining whether no less restrictive alternative exists,
20the court shall consider evidence showing that, under the
21circumstances presented by the case in which an order is
22sought, quarantine or isolation is the measure provided for in
23a rule of the Department or in guidelines issued by the Centers
24for Disease Control and Prevention or the World Health
25Organization. Persons who are or are about to be ordered to be
26isolated or quarantined and owners of places that are or are

 

 

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1about to be closed and made off limits to the public shall have
2the right to counsel. If a person or owner is indigent, the
3court shall appoint counsel for that person or owner. Persons
4who are ordered to be isolated or quarantined or who are owners
5of places that are ordered to be closed and made off limits to
6the public, shall be given a written notice of such order. The
7written notice shall additionally include the following: (1)
8notice of the right to counsel; (2) notice that if the person
9or owner is indigent, the court will appoint counsel for that
10person or owner; (3) notice of the reason for the order for
11isolation, quarantine, or closure; (4) notice of whether the
12order is an immediate order, and if so, the time frame for the
13Department to seek consent or to file a petition requesting a
14court order as set out in this subsection; and (5) notice of
15the anticipated duration of the isolation, quarantine, or
16closure.
17    (d) The Department may order physical examinations and
18tests and collect laboratory specimens as necessary for the
19diagnosis or treatment of individuals in order to prevent the
20probable spread of a dangerously contagious or infectious
21disease. Physical examinations, tests, or collection of
22laboratory specimens must not be such as are reasonably likely
23to lead to serious harm to the affected individual. To prevent
24the spread of a dangerously contagious or infectious disease,
25the Department may, pursuant to the provisions of subsection
26(c) of this Section, isolate or quarantine any person whose

 

 

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1refusal of physical examination or testing or collection of
2laboratory specimens results in uncertainty regarding whether
3he or she has been exposed to or is infected with a dangerously
4contagious or infectious disease or otherwise poses a danger
5to the public's health. An individual may refuse to consent to
6a physical examination, test, or collection of laboratory
7specimens. An individual shall be given a written notice that
8shall include notice of the following: (i) that the individual
9may refuse to consent to physical examination, test, or
10collection of laboratory specimens; (ii) that if the
11individual consents to physical examination, tests, or
12collection of laboratory specimens, the results of that
13examination, test, or collection of laboratory specimens may
14subject the individual to isolation or quarantine pursuant to
15the provisions of subsection (c) of this Section; (iii) that
16if the individual refuses to consent to physical examination,
17tests, or collection of laboratory specimens and that refusal
18results in uncertainty regarding whether he or she has been
19exposed to or is infected with a dangerously contagious or
20infectious disease or otherwise poses a danger to the public's
21health, the individual may be subject to isolation or
22quarantine pursuant to the provisions of subsection (c) of
23this Section; and (iv) that if the individual refuses to
24consent to physical examinations, tests, or collection of
25laboratory specimens and becomes subject to isolation and
26quarantine as provided in this subsection (d), he or she shall

 

 

HB5524- 8 -LRB102 26097 CPF 35577 b

1have the right to counsel pursuant to the provisions of
2subsection (c) of this Section. To the extent feasible without
3endangering the public's health, the Department shall respect
4and accommodate the religious beliefs of individuals in
5implementing this subsection.
6    (e) The Department may order the administration of
7vaccines, medications, or other treatments to persons as
8necessary in order to prevent the probable spread of a
9dangerously contagious or infectious disease. A vaccine,
10medication, or other treatment to be administered must not be
11such as is reasonably likely to lead to serious harm to the
12affected individual. To prevent the spread of a dangerously
13contagious or infectious disease, the Department may, pursuant
14to the provisions of subsection (c) of this Section, isolate
15or quarantine persons who are unable or unwilling to receive
16vaccines, medications, or other treatments pursuant to this
17Section. An individual may refuse to receive vaccines,
18medications, or other treatments. An individual shall be given
19a written notice that shall include notice of the following:
20(i) that the individual may refuse to consent to vaccines,
21medications, or other treatments; (ii) that if the individual
22refuses to receive vaccines, medications, or other treatments,
23the individual may be subject to isolation or quarantine
24pursuant to the provisions of subsection (c) of this Section;
25and (iii) that if the individual refuses to receive vaccines,
26medications, or other treatments and becomes subject to

 

 

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1isolation or quarantine as provided in this subsection (e), he
2or she shall have the right to counsel pursuant to the
3provisions of subsection (c) of this Section. To the extent
4feasible without endangering the public's health, the
5Department shall respect and accommodate the religious beliefs
6of individuals in implementing this subsection.
7    (f) The Department may order observation and monitoring of
8persons to prevent the probable spread of a dangerously
9contagious or infectious disease. To prevent the spread of a
10dangerously contagious or infectious disease, the Department
11may, pursuant to the provisions of subsection (c) of this
12Section, isolate or quarantine persons whose refusal to
13undergo observation and monitoring results in uncertainty
14regarding whether he or she has been exposed to or is infected
15with a dangerously contagious or infectious disease or
16otherwise poses a danger to the public's health. An individual
17may refuse to undergo observation and monitoring. An
18individual shall be given written notice that shall include
19notice of the following: (i) that the individual may refuse to
20undergo observation and monitoring; (ii) that if the
21individual consents to observation and monitoring, the results
22of that observation and monitoring may subject the individual
23to isolation or quarantine pursuant to the provisions of
24subsection (c) of this Section; (iii) that if the individual
25refuses to undergo observation and monitoring and that refusal
26results in uncertainty regarding whether he or she has been

 

 

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1exposed to or is infected with a dangerously contagious or
2infectious disease or otherwise poses a danger to the public's
3health, the individual may be subject to isolation or
4quarantine pursuant to the provisions of subsection (c) of
5this Section; and (iv) that if the individual refuses to
6undergo observation and monitoring and becomes subject to
7isolation or quarantine as provided in this subsection (f), he
8or she shall have the right to counsel pursuant to the
9provisions of subsection (c) of this Section.
10    (g) To prevent the spread of a dangerously contagious or
11infectious disease among humans, the Department may examine,
12test, disinfect, seize, or destroy animals or other related
13property believed to be sources of infection. An owner of such
14animal or other related property shall be given written notice
15regarding such examination, testing, disinfection, seizure, or
16destruction. When the Department determines that any animal or
17related property is infected with or has been exposed to a
18dangerously contagious or infectious disease, it may agree
19with the owner upon the value of the animal or of any related
20property that it may be found necessary to destroy, and in case
21such an agreement cannot be made, the animals or related
22property shall be appraised by 3 competent and disinterested
23appraisers, one to be selected by the Department, one by the
24claimant, and one by the 2 appraisers thus selected. The
25appraisers shall subscribe to an oath made in writing to
26fairly value the animals or related property in accordance

 

 

HB5524- 11 -LRB102 26097 CPF 35577 b

1with the requirements of this Act. The oath, together with the
2valuation fixed by the appraisers, shall be filed with the
3Department and preserved by it. Upon the appraisal being made,
4the owner or the Department shall immediately destroy the
5animals by "humane euthanasia" as that term is defined in
6Section 2.09 of the Humane Care for Animals Act. Dogs and cats,
7however, shall be euthanized pursuant to the provisions of the
8Humane Euthanasia in Animal Shelters Act. The owner or the
9Department shall additionally, dispose of the carcasses, and
10disinfect, change, or destroy the premises occupied by the
11animals, in accordance with rules prescribed by the Department
12governing such destruction and disinfection. Upon his or her
13failure so to do or to cooperate with the Department, the
14Department shall cause the animals or related property to be
15destroyed and disposed of in the same manner, and thereupon
16the owner shall forfeit all right to receive any compensation
17for the destruction of the animals or related property. All
18final administrative decisions of the Department hereunder
19shall be subject to judicial review pursuant to the provisions
20of the Administrative Review Law, and all amendments and
21modifications thereof, and the rules adopted pursuant thereto.
22The term "administrative decision" is defined as in Section
233-101 of the Code of Civil Procedure.
24    (h) To prevent the spread of a dangerously contagious or
25infectious disease, the Department, local boards of health,
26and local public health authorities shall have emergency

 

 

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1access to medical or health information or records or data
2upon the condition that the Department, local boards of
3health, and local public health authorities shall protect the
4privacy and confidentiality of any medical or health
5information or records or data obtained pursuant to this
6Section in accordance with federal and State law.
7Additionally, any such medical or health information or
8records or data shall be exempt from inspection and copying
9under the Freedom of Information Act. Other than a hearing for
10the purpose of this Act, any information, records, reports,
11statements, notes, memoranda, or other data in the possession
12of the Department, local boards of health, or local public
13health authorities shall not be admissible as evidence, nor
14discoverable in any action of any kind in any court or before
15any tribunal, board, agency, or person. The access to or
16disclosure of any of this information or data by the
17Department, a local board of health, or a local public
18authority shall not waive or have any effect upon its
19non-discoverability or non-admissibility. Any person,
20facility, institution, or agency that provides emergency
21access to health information and data under this subsection
22shall have immunity from any civil or criminal liability, or
23any other type of liability that might otherwise result by
24reason of these actions except in the event of willful and
25wanton misconduct. The privileged quality of communication
26between any professional person or any facility shall not

 

 

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1constitute grounds for failure to provide emergency access.
2Nothing in this subsection shall prohibit the sharing of
3information as authorized in Section 2.1 of this Act. The
4disclosure of any of this information, records, reports,
5statements, notes, memoranda, or other data obtained in any
6activity under this Act, except that necessary for the
7purposes of this Act, is unlawful, and any person convicted of
8violating this provision is guilty of a Class A misdemeanor.
9        (i) (A) The Department, in order to prevent and
10    control disease, injury, or disability among citizens of
11    the State of Illinois, may develop and implement, in
12    consultation with local public health authorities, a
13    Statewide system for syndromic data collection through the
14    access to interoperable networks, information exchanges,
15    and databases. The Department may also develop a system
16    for the reporting of comprehensive, integrated data to
17    identify and address unusual occurrences of disease
18    symptoms and other medical complexes affecting the
19    public's health.
20        (B) The Department may enter into contracts or
21    agreements with individuals, corporations, hospitals,
22    universities, not-for-profit corporations, governmental
23    entities, or other organizations, whereby those
24    individuals or entities agree to provide assistance in the
25    compilation of the syndromic data collection and reporting
26    system.

 

 

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1        (C) The Department shall not release any syndromic
2    data or information obtained pursuant to this subsection
3    to any individuals or entities for purposes other than the
4    protection of the public health. All access to data by the
5    Department, reports made to the Department, the identity
6    of or facts that would tend to lead to the identity of the
7    individual who is the subject of the report, and the
8    identity of or facts that would tend to lead to the
9    identity of the author of the report shall be strictly
10    confidential, are not subject to inspection or
11    dissemination, and shall be used only for public health
12    purposes by the Department, local public health
13    authorities, or the Centers for Disease Control and
14    Prevention. Entities or individuals submitting reports or
15    providing access to the Department shall not be held
16    liable for the release of information or confidential data
17    to the Department in accordance with this subsection.
18        (D) Nothing in this subsection prohibits the sharing
19    of information as authorized in Section 2.1 of this Act.
20    (j) This Section shall be considered supplemental to the
21existing authority and powers of the Department and shall not
22be construed to restrain or restrict the Department in
23protecting the public health under any other provisions of the
24law.
25    (k) Any person who knowingly or maliciously disseminates
26any false information or report concerning the existence of

 

 

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1any dangerously contagious or infectious disease in connection
2with the Department's power of quarantine, isolation and
3closure or refuses to comply with a quarantine, isolation or
4closure order is guilty of a Class A misdemeanor.
5    (l) The Department of Public Health may establish and
6maintain a chemical and bacteriologic laboratory for the
7examination of water and wastes, and for the diagnosis of
8diphtheria, typhoid fever, tuberculosis, malarial fever and
9such other diseases as it deems necessary for the protection
10of the public health.
11    As used in this Act, "locality" means any governmental
12agency which exercises power pertaining to public health in an
13area less than the State.
14    The terms "sanitary investigations and inspections" and
15"sanitary practices" as used in this Act shall not include or
16apply to "Public Water Supplies" or "Sewage Works" as defined
17in the Environmental Protection Act. The Department may adopt
18rules that are reasonable and necessary to implement and
19effectuate this amendatory Act of the 93rd General Assembly.
20    (m) The public health measures set forth in subsections
21(a) through (h) of this Section may be used by the Department
22to respond to chemical, radiological, or nuclear agents or
23events. The individual provisions of subsections (a) through
24(h) of this Section apply to any order issued by the Department
25under this Section. The provisions of subsection (k) apply to
26chemical, radiological, or nuclear agents or events. Prior to

 

 

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1the Department issuing an order for public health measures set
2forth in this Act for chemical, radiological, or nuclear
3agents or events as authorized in subsection (m), the
4Department and the Illinois Emergency Management Agency shall
5consult in accordance with the Illinois emergency response
6framework. When responding to chemical, radiological, or
7nuclear agents or events, the Department shall determine the
8health related risks and appropriate public health response
9measures and provide recommendations for response to the
10Illinois Emergency Management Agency. Nothing in this Section
11shall supersede the current National Incident Management
12System and the Illinois Emergency Operation Plan or response
13plans and procedures established pursuant to IEMA statutes.
14(Source: P.A. 96-698, eff. 8-25-09.)