Illinois General Assembly - Full Text of SB3239
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Full Text of SB3239  103rd General Assembly



SB3239 EnrolledLRB103 38269 CES 68404 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Health and Hazardous Substances
5Registry Act is amended by changing Sections 3, 4, 6, 9, and 13
6as follows:
7    (410 ILCS 525/3)  (from Ch. 111 1/2, par. 6703)
8    Sec. 3. For the purposes of this Act, unless the context
9requires otherwise:
10    (a) "Department" means the Illinois Department of Public
12    (b) "Director" means the Director of the Illinois
13Department of Public Health.
14    (c) (Blank). "Council" means the Health and Hazardous
15Substances Coordinating Council created by this Act.
16    (d) "Registry" means the Illinois Health and Hazardous
17Substances Registry established by the Department of Public
18Health under Section 6 of this Act.
19    (e) "Cancer" means all malignant neoplasms, regardless of
20the tissue of origin, including malignant lymphoma and
22    (f) "Cancer incidence" means a medical diagnosis of
23cancer, consisting of a record of cases of cancer and



SB3239 Enrolled- 2 -LRB103 38269 CES 68404 b

1specified cases of tumorous or precancerous diseases which
2occur in Illinois, and such other information concerning these
3cases as the Department deems necessary or appropriate in
4order to conduct thorough and complete epidemiological surveys
5of cancer and cancer-related diseases in Illinois.
6    (g) "Occupational disease" includes but is not limited to
7all occupational diseases covered by the Workers' Occupational
8Diseases Act.
9    (h) "Hazardous substances" means a hazardous substance as
10defined in the Environmental Protection Act.
11    (i) "Hazardous substances incident" includes but is not
12limited to a spill, fire, or accident involving hazardous
13substances, illegal disposal, transportation, or use of
14hazardous substances, and complaints or permit violations
15involving hazardous substances.
16    (j) "Company profile" includes but is not limited to the
17name of any company operating in the State of Illinois which
18generates, uses, disposes of or transports hazardous
19substances, identification of the types of permits issued in
20such company's name relating to transactions involving
21hazardous substances, inventory of hazardous substances
22handled by such company, and the manner in which such
23hazardous substances are used, disposed of, or transported by
24the company.
25    (k)  "Hazardous nuclear material" means (1) any source or
26special nuclear material intended for use or used as an energy



SB3239 Enrolled- 3 -LRB103 38269 CES 68404 b

1source in a production or utilization facility as defined in
2Sec. 11.v. or of the federal Atomic Energy Act of 1954
3as amended; (2) any fuel which has been discharged from such a
4facility following irradiation, the constituent elements of
5which have not been separated by reprocessing; or (3) any
6by-product material resulting from operation of such a
8    (l) "Adverse pregnancy outcome" includes but is not
9limited to birth defects, fetal loss, infant mortality, low
10birth weight, selected life-threatening conditions, and other
11developmental disabilities as defined by the Department.
12    (m) "News medium" means any newspaper or other periodical
13issued at regular intervals, whether in print or electronic
14format, and having a general circulation; a news service,
15whether in print or electronic format; a radio station, a
16television station; a television network; a community antenna
17television service; and any person or corporation engaged in
18the making of news reels or other motion picture news for
19public showing.
20    (n) "Researcher" means an individual who is affiliated
21with or supported by universities, academic centers, research
22institutions, hospitals, and governmental entities who conduct
23scientific research or investigation on human diseases.
24(Source: P.A. 95-941, eff. 8-29-08.)
25    (410 ILCS 525/4)  (from Ch. 111 1/2, par. 6704)



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1    Sec. 4. (a) There is created the Health and Hazardous
2Substances Coordinating Council, to be comprised of the
3following persons ex officio or their designees: Dean of the
4School of Public Health of the University of Illinois,
5Director of Natural Resources, Director of Public Health,
6Director of Labor, Director of Agriculture, Director of the
7Environmental Protection Agency and the Director of Nuclear
9    The University of Illinois School of Public Health shall
10advise the Department in the design, function and utilization
11of the Registry.
12    (b) To facilitate the collection of cancer incidence
13information, the Department, in consultation with the Advisory
14Board of Cancer Control, shall have the authority to require
15hospitals, laboratories or other facilities to report
16incidences of cancer and other specified tumorous and
17precancerous diseases to the Department, and to require the
18submission of such other information pertaining to or in
19connection with such reported cases as the Department deems
20necessary or appropriate for the purposes of this Act. The
21Department may promulgate rules or regulations specifying the
22hospitals, laboratories or other facilities which are required
23to submit information pursuant to this Section, the types of
24information required to be submitted, methods of submitting
25such information and any other detail deemed by the Department
26to be necessary or appropriate for administration of this Act.



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1Nothing in this Act shall be construed to compel any
2individual to submit to a medical examination or supervision.
3    (c) The Director shall by rule or regulation establish
4standards or guidelines for ensuring the protection of
5information made confidential or privileged under law.
6    (d) The identity, or any group of facts that tends to lead
7to the identity, of any person whose condition or treatment is
8submitted to the Illinois Health and Hazardous Substances
9Registry is confidential and shall not be open to public
10inspection or dissemination and is exempt from disclosure
11under Section 7 of the Freedom of Information Act. The
12following data elements, alone or in combination, are
13confidential, shall not be open to public inspection or
14dissemination, and are exempt from disclosure under Section 7
15of the Freedom of Information Act: name, social security
16number, street address, email address, telephone number, fax
17number, medical record number, certificate/license number,
18reporting source (unless permitted by the reporting facility),
19age (unless aggregated for 5 or more years, ZIP code (unless
20aggregated for 5 or more years), and diagnosis date (unless
21aggregated for one or more years for the entire State or for 3
22or more years for a single county). The identity of any person
23or persons claimed to be derived from cancer registry data is
24not admissible in evidence, and no court shall require
25information to be produced in discovery if it determines that
26the information tends to lead to the identity of any person.



SB3239 Enrolled- 6 -LRB103 38269 CES 68404 b

1Information for specific research purposes may be released in
2accordance with procedures established by the Department.
3Except as provided by rule, and as part of an epidemiologic
4investigation, an officer or employee of the Department may
5interview a patient named in a report made under this Act, or
6relatives of any such patient, only with the express written
7consent of the patient.
8    (e) Hospitals, laboratories, other facilities or
9physicians shall not be held liable for the release of
10information or confidential data to the Department in
11accordance with this Act. The Department shall protect any
12information made confidential or privileged under law.
13(Source: P.A. 95-941, eff. 8-29-08.)
14    (410 ILCS 525/6)  (from Ch. 111 1/2, par. 6706)
15    Sec. 6. (a) No later than January 1, 1985, the Department
16shall commence the work necessary to compile the information
17which will constitute the Health and Hazardous Substances
18Registry. The Registry shall consist of the compilation of
19information in the following categories:
20    (i) adverse pregnancy outcomes;
21    (ii) cancer incidences;
22    (iii) occupational diseases;
23    (iv) location, transportation, and exposure to hazardous
24nuclear materials;
25    (v) company profiles; and



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1    (vi) hazardous substances incidents.
2    The Department, pursuant to any guidelines established by
3the Council, shall promulgate rules or regulations specifying
4the types of information in each category which will be
5compiled for the Registry. Such information shall be compiled
6in the Registry in such a manner as to allow for geographical
7correlation of the data on public health and the data on
8hazardous substances and hazardous nuclear materials. To the
9extent feasible, the Registry shall be compatible with other
10national models of such type so as to facilitate the
11coordination of information with other data bases.
12(Source: P.A. 83-1361.)
13    (410 ILCS 525/9)  (from Ch. 111 1/2, par. 6709)
14    Sec. 9. The Department shall utilize the Registry to
15conduct research on the relationships between hazardous
16substances, hazardous nuclear materials, and public health
17issues. The In consultation with the Council, the Director
18shall establish guidelines for determining the specific
19questions and areas to be researched. The guidelines shall
20specifically include the question of the potential public
21health significance of an increase in cancer incidence. The
22Upon the approval of the Council, the information contained in
23the Registry shall be available to other State agencies
24wishing to conduct research on these issues. Upon review and
25approval of an appropriate Institutional Review Board (IRB) or



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1its equivalent on protection of human subjects in research,
2the Department shall release data to researchers for purposes
3of medical and scientific research consistent with the
4fundamental purposes of the Registry.
5(Source: P.A. 95-941, eff. 8-29-08.)
6    (410 ILCS 525/13)  (from Ch. 111 1/2, par. 6713)
7    Sec. 13. (a) Violation of this Act is a Class A
9    (b) Any person who violates this Act shall be liable for a
10civil penalty not to exceed $1,000 for each violation.
11    (c) The Department Council may request the Attorney
12General or the State's Attorney of the county in which the
13violation occurred to proceed in a court of competent
14jurisdiction to secure such relief as provided in this
15Section, as well as injunctive relief to restrain violations
16of this Act.
17(Source: P.A. 83-1361.)
18    (410 ILCS 525/5 rep.)
19    Section 10. The Illinois Health and Hazardous Substances
20Registry Act is amended by repealing Section 5.