Full Text of SB0174 97th General Assembly
SB0174enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Civil Administrative Code of Illinois is | 5 | | amended by changing Section 5-565 as follows:
| 6 | | (20 ILCS 5/5-565) (was 20 ILCS 5/6.06)
| 7 | | Sec. 5-565. In the Department of Public Health.
| 8 | | (a) The General Assembly declares it to be the public | 9 | | policy of this
State that all citizens of Illinois are entitled | 10 | | to lead healthy lives.
Governmental public health has a | 11 | | specific responsibility to ensure that a
public health system | 12 | | is in place to allow the public health mission to be achieved. | 13 | | The public health system is the collection of public, private, | 14 | | and voluntary entities as well as individuals and informal | 15 | | associations that contribute to the public's health within the | 16 | | State. To
develop a public health system requires certain core | 17 | | functions to be performed by
government. The State Board of | 18 | | Health is to assume the leadership role in
advising the | 19 | | Director in meeting the following functions:
| 20 | | (1) Needs assessment.
| 21 | | (2) Statewide health objectives.
| 22 | | (3) Policy development.
| 23 | | (4) Assurance of access to necessary services.
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| 1 | | There shall be a State Board of Health composed of 19 | 2 | | persons,
all of
whom shall be appointed by the Governor, with | 3 | | the advice and consent of the
Senate for those appointed by the | 4 | | Governor on and after June 30, 1998,
and one of whom shall be a
| 5 | | senior citizen age 60 or over. Five members shall be physicians | 6 | | licensed
to practice medicine in all its branches, one | 7 | | representing a medical school
faculty, one who is board | 8 | | certified in preventive medicine, and one who is
engaged in | 9 | | private practice. One member shall be a chiropractic physician. | 10 | | One member shall be a dentist; one an
environmental health | 11 | | practitioner; one a local public health administrator;
one a | 12 | | local board of health member; one a registered nurse; one a | 13 | | physical therapist; one a
veterinarian; one a public health | 14 | | academician; one a health care industry
representative; one a | 15 | | representative of the business community; one a representative | 16 | | of the non-profit public interest community; and 2 shall be | 17 | | citizens at large.
| 18 | | The terms of Board of Health members shall be 3 years, | 19 | | except that members shall continue to serve on the Board of | 20 | | Health until a replacement is appointed. Upon the effective | 21 | | date of this amendatory Act of the 93rd General Assembly, in | 22 | | the appointment of the Board of Health members appointed to | 23 | | vacancies or positions with terms expiring on or before | 24 | | December 31, 2004, the Governor shall appoint up to 6 members | 25 | | to serve for terms of 3 years; up to 6 members to serve for | 26 | | terms of 2 years; and up to 5 members to serve for a term of one |
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| 1 | | year, so that the term of no more than 6 members expire in the | 2 | | same year.
All members shall
be legal residents of the State of | 3 | | Illinois. The duties of the Board shall
include, but not be | 4 | | limited to, the following:
| 5 | | (1) To advise the Department of ways to encourage | 6 | | public understanding
and support of the Department's | 7 | | programs.
| 8 | | (2) To evaluate all boards, councils, committees, | 9 | | authorities, and
bodies
advisory to, or an adjunct of, the | 10 | | Department of Public Health or its
Director for the purpose | 11 | | of recommending to the Director one or
more of the | 12 | | following:
| 13 | | (i) The elimination of bodies whose activities
are | 14 | | not consistent with goals and objectives of the | 15 | | Department.
| 16 | | (ii) The consolidation of bodies whose activities | 17 | | encompass
compatible programmatic subjects.
| 18 | | (iii) The restructuring of the relationship | 19 | | between the various
bodies and their integration | 20 | | within the organizational structure of the
Department.
| 21 | | (iv) The establishment of new bodies deemed | 22 | | essential to the
functioning of the Department.
| 23 | | (3) To serve as an advisory group to the Director for
| 24 | | public health emergencies and
control of health hazards.
| 25 | | (4) To advise the Director regarding public health | 26 | | policy,
and to make health policy recommendations |
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| 1 | | regarding priorities to the
Governor through the Director.
| 2 | | (5) To present public health issues to the Director and | 3 | | to make
recommendations for the resolution of those issues.
| 4 | | (6) To recommend studies to delineate public health | 5 | | problems.
| 6 | | (7) To make recommendations to the Governor through the | 7 | | Director
regarding the coordination of State public health | 8 | | activities with other
State and local public health | 9 | | agencies and organizations.
| 10 | | (8) To report on or before February 1 of each year on | 11 | | the health of the
residents of Illinois to the Governor, | 12 | | the General Assembly, and the
public.
| 13 | | (9) To review the final draft of all proposed | 14 | | administrative rules,
other than emergency or preemptory | 15 | | rules and those rules that another
advisory body must | 16 | | approve or review within a statutorily defined time
period, | 17 | | of the Department after September 19, 1991 (the effective | 18 | | date of
Public Act
87-633). The Board shall review the | 19 | | proposed rules within 90
days of
submission by the | 20 | | Department. The Department shall take into consideration
| 21 | | any comments and recommendations of the Board regarding the | 22 | | proposed rules
prior to submission to the Secretary of | 23 | | State for initial publication. If
the Department disagrees | 24 | | with the recommendations of the Board, it shall
submit a | 25 | | written response outlining the reasons for not accepting | 26 | | the
recommendations.
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| 1 | | In the case of proposed administrative rules or | 2 | | amendments to
administrative
rules regarding immunization | 3 | | of children against preventable communicable
diseases | 4 | | designated by the Director under the Communicable Disease | 5 | | Prevention
Act, after the Immunization Advisory Committee | 6 | | has made its
recommendations, the Board shall conduct 3 | 7 | | public hearings, geographically
distributed
throughout the | 8 | | State. At the conclusion of the hearings, the State Board | 9 | | of
Health shall issue a report, including its | 10 | | recommendations, to the Director.
The Director shall take | 11 | | into consideration any comments or recommendations made
by | 12 | | the Board based on these hearings.
| 13 | | (10) To deliver to the Governor for presentation to the | 14 | | General Assembly a State Health Improvement Plan. The first | 15 | | 3 and second such plans shall be delivered to the Governor | 16 | | on January 1, 2006 , and on January 1, 2009 , and January 1, | 17 | | 2016 respectively, and then every 5 4 years thereafter. | 18 | | The Plan shall recommend priorities and strategies to | 19 | | improve the public health system and the health status of | 20 | | Illinois residents, taking into consideration national | 21 | | health objectives and system standards as frameworks for | 22 | | assessment. | 23 | | The Plan shall also take into consideration priorities | 24 | | and strategies developed at the community level through the | 25 | | Illinois Project for Local Assessment of Needs (IPLAN) and | 26 | | any regional health improvement plans that may be |
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| 1 | | developed.
The Plan shall focus on prevention as a key | 2 | | strategy for long-term health improvement in Illinois. | 3 | | The Plan shall examine and make recommendations on the | 4 | | contributions and strategies of the public and private | 5 | | sectors for improving health status and the public health | 6 | | system in the State. In addition to recommendations on | 7 | | health status improvement priorities and strategies for | 8 | | the population of the State as a whole, the Plan shall make | 9 | | recommendations regarding priorities and strategies for | 10 | | reducing and eliminating health disparities in Illinois; | 11 | | including racial, ethnic, gender, age, socio-economic and | 12 | | geographic disparities. | 13 | | The Director of the Illinois Department of Public | 14 | | Health shall appoint a Planning Team that includes a range | 15 | | of public, private, and voluntary sector stakeholders and | 16 | | participants in the public health system. This Team shall | 17 | | include: the directors of State agencies with public health | 18 | | responsibilities (or their designees), including but not | 19 | | limited to the Illinois Departments of Public Health and | 20 | | Department of Human Services, representatives of local | 21 | | health departments, representatives of local community | 22 | | health partnerships, and individuals with expertise who | 23 | | represent an array of organizations and constituencies | 24 | | engaged in public health improvement and prevention. | 25 | | The State Board of Health shall hold at least 3 public | 26 | | hearings addressing drafts of the Plan in representative |
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| 1 | | geographic areas of the State.
Members of the Planning Team | 2 | | shall receive no compensation for their services, but may | 3 | | be reimbursed for their necessary expenses.
| 4 | | Upon the delivery of each State Health Improvement | 5 | | Plan, the Governor shall appoint a SHIP Implementation | 6 | | Coordination Council that includes a range of public, | 7 | | private, and voluntary sector stakeholders and | 8 | | participants in the public health system. The Council shall | 9 | | include the directors of State agencies and entities with | 10 | | public health system responsibilities (or their | 11 | | designees), including but not limited to the Department of | 12 | | Public Health, Department of Human Services, Department of | 13 | | Healthcare and Family Services, Environmental Protection | 14 | | Agency, Illinois State Board of Education, Department on | 15 | | Aging, Illinois Violence Prevention Authority, Department | 16 | | of Agriculture, Department of Insurance, Department of | 17 | | Financial and Professional Regulation, Department of | 18 | | Transportation, and Department of Commerce and Economic | 19 | | Opportunity and the Chair of the State Board of Health. The | 20 | | Council shall include representatives of local health | 21 | | departments and individuals with expertise who represent | 22 | | an array of organizations and constituencies engaged in | 23 | | public health improvement and prevention, including | 24 | | non-profit public interest groups, health issue groups, | 25 | | faith community groups, health care providers, businesses | 26 | | and employers, academic institutions, and community-based |
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| 1 | | organizations. The Governor shall endeavor to make the | 2 | | membership of the Council representative of the racial, | 3 | | ethnic, gender, socio-economic, and geographic diversity | 4 | | of the State. The Governor shall designate one State agency | 5 | | representative and one other non-governmental member as | 6 | | co-chairs of the Council. The Governor shall designate a | 7 | | member of the Governor's office to serve as liaison to the | 8 | | Council and one or more State agencies to provide or | 9 | | arrange for support to the Council. The members of the SHIP | 10 | | Implementation Coordination Council for each State Health | 11 | | Improvement Plan shall serve until the delivery of the | 12 | | subsequent State Health Improvement Plan, whereupon a new | 13 | | Council shall be appointed. Members of the SHIP Planning | 14 | | Team may serve on the SHIP Implementation Coordination | 15 | | Council if so appointed by the Governor. | 16 | | The SHIP Implementation Coordination Council shall | 17 | | coordinate the efforts and engagement of the public, | 18 | | private, and voluntary sector stakeholders and | 19 | | participants in the public health system to implement each | 20 | | SHIP. The Council shall serve as a forum for collaborative | 21 | | action; coordinate existing and new initiatives; develop | 22 | | detailed implementation steps, with mechanisms for action; | 23 | | implement specific projects; identify public and private | 24 | | funding sources at the local, State and federal level; | 25 | | promote public awareness of the SHIP; advocate for the | 26 | | implementation of the SHIP; and develop an annual report to |
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| 1 | | the Governor, General Assembly, and public regarding the | 2 | | status of implementation of the SHIP. The Council shall | 3 | | not, however, have the authority to direct any public or | 4 | | private entity to take specific action to implement the | 5 | | SHIP.
| 6 | | (11) Upon the request of the Governor, to recommend to | 7 | | the Governor
candidates for Director of Public Health when | 8 | | vacancies occur in the position.
| 9 | | (12) To adopt bylaws for the conduct of its own | 10 | | business, including the
authority to establish ad hoc | 11 | | committees to address specific public health
programs | 12 | | requiring resolution.
| 13 | | (13) To review and comment upon the Comprehensive | 14 | | Health Plan submitted by the Center for Comprehensive | 15 | | Health Planning as provided under Section 2310-217 of the | 16 | | Department of Public Health Powers and Duties Law of the | 17 | | Civil Administrative Code of Illinois. | 18 | | Upon appointment, the Board shall elect a chairperson from | 19 | | among its
members.
| 20 | | Members of the Board shall receive compensation for their | 21 | | services at the
rate of $150 per day, not to exceed $10,000 per | 22 | | year, as designated by the
Director for each day required for | 23 | | transacting the business of the Board
and shall be reimbursed | 24 | | for necessary expenses incurred in the performance
of their | 25 | | duties. The Board shall meet from time to time at the call of | 26 | | the
Department, at the call of the chairperson, or upon the |
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| 1 | | request of 3 of its
members, but shall not meet less than 4 | 2 | | times per year.
| 3 | | (b) (Blank).
| 4 | | (c) An Advisory Board on Necropsy Service to Coroners, | 5 | | which shall
counsel and advise with the Director on the | 6 | | administration of the Autopsy
Act. The Advisory Board shall | 7 | | consist of 11 members, including
a senior citizen age 60 or | 8 | | over, appointed by the Governor, one of
whom shall be | 9 | | designated as chairman by a majority of the members of the
| 10 | | Board. In the appointment of the first Board the Governor shall | 11 | | appoint 3
members to serve for terms of 1 year, 3 for terms of 2 | 12 | | years, and 3 for
terms of 3 years. The members first appointed | 13 | | under Public Act 83-1538 shall serve for a term of 3 years. All | 14 | | members appointed thereafter
shall be appointed for terms of 3 | 15 | | years, except that when an
appointment is made
to fill a | 16 | | vacancy, the appointment shall be for the remaining
term of the | 17 | | position vacant. The members of the Board shall be citizens of
| 18 | | the State of Illinois. In the appointment of members of the | 19 | | Advisory Board
the Governor shall appoint 3 members who shall | 20 | | be persons licensed to
practice medicine and surgery in the | 21 | | State of Illinois, at least 2 of whom
shall have received | 22 | | post-graduate training in the field of pathology; 3
members who | 23 | | are duly elected coroners in this State; and 5 members who
| 24 | | shall have interest and abilities in the field of forensic | 25 | | medicine but who
shall be neither persons licensed to practice | 26 | | any branch of medicine in
this State nor coroners. In the |
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| 1 | | appointment of medical and coroner members
of the Board, the | 2 | | Governor shall invite nominations from recognized medical
and | 3 | | coroners organizations in this State respectively. Board | 4 | | members, while
serving on business of the Board, shall receive | 5 | | actual necessary travel and
subsistence expenses while so | 6 | | serving away from their places of residence.
| 7 | | (Source: P.A. 96-31, eff. 6-30-09; 96-455, eff. 8-14-09; | 8 | | 96-1000, eff. 7-2-10; 96-1153, eff. 7-21-10.)
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