Full Text of SB2383 102nd General Assembly
SB2383 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2383 Introduced 2/26/2021, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: |
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20 ILCS 5/5-565 | was 20 ILCS 5/6.06 |
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Amends the Civil Administrative Code of Illinois. Makes a technical change in a Section concerning the Department of Public Health.
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| | A BILL FOR |
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| 1 | | AN ACT concerning State 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 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 | 10 | | entitled to lead healthy lives.
Governmental public health has | 11 | | a specific responsibility to ensure that a
public health | 12 | | system is in place to allow the public health mission to be | 13 | | achieved. The public health system is the collection of | 14 | | public, private, and voluntary entities as well as individuals | 15 | | and informal associations that contribute to the public's | 16 | | health within the State. To
develop a public health system | 17 | | requires certain core functions to be performed by
government. | 18 | | The State Board of Health is to assume the leadership role in
| 19 | | advising the 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 20 | 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 | 6 | | physicians licensed
to practice medicine in all its branches, | 7 | | one 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 | 10 | | physician. One member shall be a dentist; one an
environmental | 11 | | health practitioner; one a local public health administrator;
| 12 | | one a local board of health member; one a registered nurse; one | 13 | | a physical therapist; one an optometrist; one a
veterinarian; | 14 | | one a public health academician; one a health care industry
| 15 | | representative; one a representative of the business | 16 | | community; one a representative of the non-profit public | 17 | | interest community; and 2 shall be 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 Public Act 93-975 (January 1, 2005) this amendatory | 22 | | Act of the 93rd General Assembly , in the appointment of the | 23 | | Board of Health members appointed to vacancies or positions | 24 | | with terms expiring on or before December 31, 2004, the | 25 | | Governor shall appoint up to 6 members to serve for terms of 3 | 26 | | years; up to 6 members to serve for terms of 2 years; and up to |
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| 1 | | 5 members to serve for a term of one year, so that the term of | 2 | | no more than 6 members expire in the same year.
All members | 3 | | shall
be legal residents of the State of Illinois. The duties | 4 | | of the Board shall
include, but not be limited to, the | 5 | | following:
| 6 | | (1) To advise the Department of ways to encourage | 7 | | public understanding
and support of the Department's | 8 | | programs.
| 9 | | (2) To evaluate all boards, councils, committees, | 10 | | authorities, and
bodies
advisory to, or an adjunct of, the | 11 | | Department of Public Health or its
Director for the | 12 | | purpose of recommending to the Director one or
more of the | 13 | | following:
| 14 | | (i) The elimination of bodies whose activities
are | 15 | | not consistent with goals and objectives of the | 16 | | Department.
| 17 | | (ii) The consolidation of bodies whose activities | 18 | | encompass
compatible programmatic subjects.
| 19 | | (iii) The restructuring of the relationship | 20 | | between the various
bodies and their integration | 21 | | within the organizational structure of the
Department.
| 22 | | (iv) The establishment of new bodies deemed | 23 | | essential to the
functioning of the Department.
| 24 | | (3) To serve as an advisory group to the Director for
| 25 | | public health emergencies and
control of health hazards.
| 26 | | (4) To advise the Director regarding public health |
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| 1 | | policy,
and to make health policy recommendations | 2 | | regarding priorities to the
Governor through the Director.
| 3 | | (5) To present public health issues to the Director | 4 | | and to make
recommendations for the resolution of those | 5 | | issues.
| 6 | | (6) To recommend studies to delineate public health | 7 | | problems.
| 8 | | (7) To make recommendations to the Governor through | 9 | | the Director
regarding the coordination of State public | 10 | | health activities with other
State and local public health | 11 | | agencies and organizations.
| 12 | | (8) To report on or before February 1 of each year on | 13 | | the health of the
residents of Illinois to the Governor, | 14 | | the General Assembly, and the
public.
| 15 | | (9) To review the final draft of all proposed | 16 | | administrative rules,
other than emergency or peremptory | 17 | | preemptory rules and those rules that another
advisory | 18 | | body must approve or review within a statutorily defined | 19 | | time
period, of the Department after September 19, 1991 | 20 | | (the effective date of
Public Act
87-633). The Board shall | 21 | | review the proposed rules within 90
days of
submission by | 22 | | the Department. The Department shall take into | 23 | | consideration
any comments and recommendations of the | 24 | | Board regarding the proposed rules
prior to submission to | 25 | | the Secretary of State for initial publication. If
the | 26 | | Department disagrees with the recommendations of the |
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| 1 | | Board, it shall
submit a written response outlining the | 2 | | reasons for not accepting the
recommendations.
| 3 | | In the case of proposed administrative rules or | 4 | | amendments to
administrative
rules regarding immunization | 5 | | of children against preventable communicable
diseases | 6 | | designated by the Director under the Communicable Disease | 7 | | Prevention
Act, after the Immunization Advisory Committee | 8 | | has made its
recommendations, the Board shall conduct 3 | 9 | | public hearings, geographically
distributed
throughout the | 10 | | State. At the conclusion of the hearings, the State Board | 11 | | of
Health shall issue a report, including its | 12 | | recommendations, to the Director.
The Director shall take | 13 | | into consideration any comments or recommendations made
by | 14 | | the Board based on these hearings.
| 15 | | (10) To deliver to the Governor for presentation to | 16 | | the General Assembly a State Health Improvement Plan. The | 17 | | first 3 such plans shall be delivered to the Governor on | 18 | | January 1, 2006, January 1, 2009, and January 1, 2016 and | 19 | | then every 5 years thereafter. | 20 | | The Plan shall recommend priorities and strategies to | 21 | | improve the public health system and the health status of | 22 | | Illinois residents, taking into consideration national | 23 | | health objectives and system standards as frameworks for | 24 | | assessment. | 25 | | The Plan shall also take into consideration priorities | 26 | | and strategies developed at the community level through |
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| 1 | | the Illinois Project for Local Assessment of Needs (IPLAN) | 2 | | and any regional health improvement plans that may be | 3 | | developed.
The Plan shall focus on prevention as a key | 4 | | strategy for long-term health improvement in Illinois. | 5 | | The Plan shall examine and make recommendations on the | 6 | | contributions and strategies of the public and private | 7 | | sectors for improving health status and the public health | 8 | | system in the State. In addition to recommendations on | 9 | | health status improvement priorities and strategies for | 10 | | the population of the State as a whole, the Plan shall make | 11 | | recommendations regarding priorities and strategies for | 12 | | reducing and eliminating health disparities in Illinois; | 13 | | including racial, ethnic, gender, age, socio-economic , and | 14 | | geographic disparities. | 15 | | The Director of the Illinois Department of Public | 16 | | Health shall appoint a Planning Team that includes a range | 17 | | of public, private, and voluntary sector stakeholders and | 18 | | participants in the public health system. This Team shall | 19 | | include: the directors of State agencies with public | 20 | | health responsibilities (or their designees), including , | 21 | | but not limited to , the Illinois Departments of Public | 22 | | Health and Department of Human Services, representatives | 23 | | of local health departments, representatives of local | 24 | | community health partnerships, and individuals with | 25 | | expertise who represent an array of organizations and | 26 | | constituencies engaged in public health improvement and |
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| 1 | | prevention. | 2 | | The State Board of Health shall hold at least 3 public | 3 | | hearings addressing drafts of the Plan in representative | 4 | | geographic areas of the State.
Members of the Planning | 5 | | Team shall receive no compensation for their services, but | 6 | | may be reimbursed for their necessary expenses.
| 7 | | Upon the delivery of each State Health Improvement | 8 | | Plan, the Governor shall appoint a SHIP Implementation | 9 | | Coordination Council that includes a range of public, | 10 | | private, and voluntary sector stakeholders and | 11 | | participants in the public health system. The Council | 12 | | shall include the directors of State agencies and entities | 13 | | with public health system responsibilities (or their | 14 | | designees), including , but not limited to , the Department | 15 | | of Public Health, Department of Human Services, Department | 16 | | of Healthcare and Family Services, Environmental | 17 | | Protection Agency, Illinois State Board of Education, | 18 | | Department on Aging, Illinois Violence Prevention | 19 | | Authority, Department of Agriculture, Department of | 20 | | Insurance, Department of Financial and Professional | 21 | | Regulation, Department of Transportation, and Department | 22 | | of Commerce and Economic Opportunity and the Chair of the | 23 | | State Board of Health. The Council shall include | 24 | | representatives of local health departments and | 25 | | individuals with expertise who represent an array of | 26 | | organizations and constituencies engaged in public health |
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| 1 | | improvement and prevention, including non-profit public | 2 | | interest groups, health issue groups, faith community | 3 | | groups, health care providers, businesses and employers, | 4 | | academic institutions, and community-based organizations. | 5 | | The Governor shall endeavor to make the membership of the | 6 | | Council representative of the racial, ethnic, gender, | 7 | | socio-economic, and geographic diversity of the State. The | 8 | | Governor shall designate one State agency representative | 9 | | and one other non-governmental member as co-chairs of the | 10 | | Council. The Governor shall designate a member of the | 11 | | Governor's office to serve as liaison to the Council and | 12 | | one or more State agencies to provide or arrange for | 13 | | support to the Council. The members of the SHIP | 14 | | Implementation Coordination Council for each State Health | 15 | | Improvement Plan shall serve until the delivery of the | 16 | | subsequent State Health Improvement Plan, whereupon a new | 17 | | Council shall be appointed. Members of the SHIP Planning | 18 | | Team may serve on the SHIP Implementation Coordination | 19 | | Council if so appointed by the Governor. | 20 | | The SHIP Implementation Coordination Council shall | 21 | | coordinate the efforts and engagement of the public, | 22 | | private, and voluntary sector stakeholders and | 23 | | participants in the public health system to implement each | 24 | | SHIP. The Council shall serve as a forum for collaborative | 25 | | action; coordinate existing and new initiatives; develop | 26 | | detailed implementation steps, with mechanisms for action; |
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| 1 | | implement specific projects; identify public and private | 2 | | funding sources at the local, State and federal level; | 3 | | promote public awareness of the SHIP; advocate for the | 4 | | implementation of the SHIP; and develop an annual report | 5 | | to the Governor, General Assembly, and public regarding | 6 | | the status of implementation of the SHIP. The Council | 7 | | shall not, however, have the authority to direct any | 8 | | public or private entity to take specific action to | 9 | | implement the SHIP. | 10 | | (11) Upon the request of the Governor, to recommend to | 11 | | the Governor
candidates for Director of Public Health when | 12 | | vacancies occur in the position.
| 13 | | (12) To adopt bylaws for the conduct of its own | 14 | | business, including the
authority to establish ad hoc | 15 | | committees to address specific public health
programs | 16 | | requiring resolution.
| 17 | | (13) (Blank). | 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 | 11 | | shall appoint 3
members to serve for terms of 1 year, 3 for | 12 | | terms of 2 years, and 3 for
terms of 3 years. The members first | 13 | | appointed under Public Act 83-1538 shall serve for a term of 3 | 14 | | years. All members appointed thereafter
shall be appointed for | 15 | | terms of 3 years, except that when an
appointment is made
to | 16 | | fill a vacancy, the appointment shall be for the remaining
| 17 | | term of the position vacant. The members of the Board shall be | 18 | | citizens of
the State of Illinois. In the appointment of | 19 | | members of the Advisory Board
the Governor shall appoint 3 | 20 | | members who shall be persons licensed to
practice medicine and | 21 | | surgery in the State of Illinois, at least 2 of whom
shall have | 22 | | received post-graduate training in the field of pathology; 3
| 23 | | members who are duly elected coroners in this State; and 5 | 24 | | members who
shall have interest and abilities in the field of | 25 | | forensic medicine but who
shall be neither persons licensed to | 26 | | practice any branch of medicine in
this State nor coroners. In |
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| 1 | | the appointment of medical and coroner members
of the Board, | 2 | | the Governor shall invite nominations from recognized medical
| 3 | | and 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. 98-463, eff. 8-16-13; 99-527, eff. 1-1-17; | 8 | | revised 7-17-19.)
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