Full Text of SB3139 097th General Assembly
SB3139 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3139 Introduced 2/1/2012, by Sen. Christine Radogno SYNOPSIS AS INTRODUCED: | | 20 ILCS 2305/2 | from Ch. 111 1/2, par. 22 |
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Amends the Department of Public Health Act. Makes a technical change in a
Section concerning the powers of the Department.
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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 Department of Public Health Act is amended | 5 | | by 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 | 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 isolation, and may declare and enforce
| 12 | | quarantine and isolation when none exists, and may modify or | 13 | | relax quarantine and isolation when it has
been established. | 14 | | The Department may adopt, promulgate, repeal and amend
rules | 15 | | and regulations and make such sanitary investigations and | 16 | | inspections
as it may from time to time deem necessary for the | 17 | | preservation and
improvement of the public health, consistent | 18 | | with 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 | 7 | | Act are hereby
expressly adopted and shall apply to all | 8 | | administrative rules and
procedures of the Department of Public | 9 | | Health under this Act, except that
Section 5-35 of the Illinois | 10 | | Administrative Procedure Act relating to
procedures for | 11 | | rule-making does not apply to the adoption of any rule
required | 12 | | by federal law in connection with which the Department is
| 13 | | precluded by law from exercising any discretion.
| 14 | | All local boards of health, health authorities and | 15 | | officers, police
officers, sheriffs and all other officers and | 16 | | employees of the state or any
locality shall enforce the rules | 17 | | and regulations so adopted and orders issued by the Department | 18 | | pursuant to this Section.
| 19 | | The Department of Public Health shall conduct a public | 20 | | information
campaign to inform Hispanic women of the high | 21 | | incidence of breast cancer
and the importance of mammograms and | 22 | | where to obtain a mammogram.
This requirement may be satisfied | 23 | | by translation into Spanish and
distribution of the breast | 24 | | cancer summaries required by Section 2310-345 of
the Department | 25 | | of Public Health Powers and Duties Law (20 ILCS
2310/2310-345).
| 26 | | The information provided by the Department of Public Health |
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| 1 | | shall include (i)
a statement that mammography is the most | 2 | | accurate method for making an early
detection of breast cancer, | 3 | | however, no diagnostic tool is 100% effective and
(ii) | 4 | | instructions for performing breast
self-examination and a | 5 | | statement that it is
important to perform a breast | 6 | | self-examination monthly.
| 7 | | The Department of Public Health shall investigate the | 8 | | causes of
dangerously contagious or infectious diseases, | 9 | | especially when existing in
epidemic form, and take means to | 10 | | restrict and suppress the same, and
whenever such disease | 11 | | becomes, or threatens to become epidemic, in any
locality and | 12 | | the local board of health or local authorities neglect or
| 13 | | refuse to enforce efficient measures for its restriction or | 14 | | suppression or
to act with sufficient promptness or efficiency, | 15 | | or whenever the local
board of health or local authorities | 16 | | neglect or refuse to promptly enforce
efficient measures for | 17 | | the restriction or suppression of dangerously
contagious or | 18 | | infectious diseases, the Department of Public Health may
| 19 | | enforce such measures as it deems necessary to protect the | 20 | | public health,
and all necessary expenses so incurred shall be | 21 | | paid by the locality for
which services are rendered.
| 22 | | (b) Subject to the provisions of subsection (c), the | 23 | | Department may order
a person or group of persons to be | 24 | | quarantined or isolated or may order a place to be closed and | 25 | | made off
limits to the
public to prevent the probable spread of | 26 | | a dangerously contagious or infectious
disease, including |
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| 1 | | non-compliant tuberculosis patients, until such time as the
| 2 | | condition can be corrected or the danger to the public health | 3 | | eliminated or
reduced in such a manner that no substantial | 4 | | danger to the public's health any
longer exists. Orders for | 5 | | isolation of a person or quarantine of a place to prevent the | 6 | | probable spread of a sexually transmissible disease shall be | 7 | | governed by the provisions of Section 7 of the Illinois | 8 | | Sexually Transmissible Disease Control Act and not this | 9 | | Section.
| 10 | | (c) Except as provided in this Section, no person or a | 11 | | group of persons may be ordered to be quarantined or isolated | 12 | | and no place may
be ordered to
be closed and made off limits to | 13 | | the public except with the consent of the
person or owner of | 14 | | the place or
upon the prior order of a court of competent | 15 | | jurisdiction. The Department may, however, order a person or a | 16 | | group of persons to be quarantined or isolated or may order a | 17 | | place to be closed and made off limits to the public on an | 18 | | immediate basis without prior consent or court order if, in the | 19 | | reasonable judgment of the Department, immediate action is | 20 | | required to protect the public from a dangerously contagious or | 21 | | infectious disease. In the event of an immediate order issued | 22 | | without prior consent or court order, the Department shall, as | 23 | | soon as practical, within 48 hours after issuing the order, | 24 | | obtain the consent of the person or owner or file a petition | 25 | | requesting a court order authorizing the isolation or | 26 | | quarantine or closure. When exigent circumstances exist that |
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| 1 | | cause the court system to be unavailable or that make it | 2 | | impossible to obtain consent or file a petition within 48 hours | 3 | | after issuance of an immediate order, the Department must | 4 | | obtain consent or file a petition requesting a court order as | 5 | | soon as reasonably possible. To obtain a court order,
the | 6 | | Department, by clear and convincing evidence, must prove that | 7 | | the public's
health and
welfare are significantly endangered by | 8 | | a person or group of persons that has, that is suspected of | 9 | | having, that has been exposed to, or that is reasonably | 10 | | believed to have been exposed to a dangerously contagious
or | 11 | | infectious disease including non-compliant tuberculosis | 12 | | patients or
by a place where there is a significant amount of | 13 | | activity likely to spread a
dangerously contagious or | 14 | | infectious disease. The Department must also prove
that
all | 15 | | other
reasonable means of correcting the problem have been | 16 | | exhausted and no less
restrictive alternative exists. For | 17 | | purposes of this subsection, in determining whether no less | 18 | | restrictive alternative exists, the court shall consider | 19 | | evidence showing that, under the circumstances presented by the | 20 | | case in which an order is sought, quarantine or isolation is | 21 | | the measure provided for in a rule of the Department or in | 22 | | guidelines issued by the Centers for Disease Control and | 23 | | Prevention or the World Health Organization. Persons who are or | 24 | | are about to be ordered to be isolated or quarantined and | 25 | | owners of places that are or are about to be closed and made | 26 | | off limits to the public shall have the right to counsel. If a |
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| 1 | | person or owner is indigent, the court shall appoint counsel | 2 | | for that person or owner. Persons who are ordered to be | 3 | | isolated or quarantined or who are owners of places that are | 4 | | ordered to be closed and made off limits to the public, shall | 5 | | be given a written notice of such order. The written notice | 6 | | shall additionally include the following: (1) notice of the | 7 | | right to counsel; (2) notice that if the person or owner is | 8 | | indigent, the court will appoint counsel for that person or | 9 | | owner; (3) notice of the reason for the order for isolation, | 10 | | quarantine, or closure; (4) notice of whether the order is an | 11 | | immediate order, and if so, the time frame for the Department | 12 | | to seek consent or to file a petition requesting a court order | 13 | | as set out in this subsection; and (5) notice of the | 14 | | anticipated duration of the isolation, quarantine, or closure.
| 15 | | (d) The Department may order physical examinations and | 16 | | tests and collect laboratory specimens as necessary for the | 17 | | diagnosis or treatment of individuals in order to prevent the | 18 | | probable spread of a dangerously contagious or infectious | 19 | | disease. Physical examinations, tests, or collection of | 20 | | laboratory specimens must not be such as are reasonably likely | 21 | | to lead to serious harm to the affected individual. To prevent | 22 | | the spread of a dangerously contagious or infectious disease, | 23 | | the Department may, pursuant to the provisions of subsection | 24 | | (c) of this Section, isolate or quarantine any person whose | 25 | | refusal of physical examination or testing or collection of | 26 | | laboratory specimens results in uncertainty regarding whether |
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| 1 | | he or she has been exposed to or is infected with a dangerously | 2 | | contagious or infectious disease or otherwise poses a danger to | 3 | | the public's health. An individual may refuse to consent to a | 4 | | physical examination, test, or collection of laboratory | 5 | | specimens. An individual shall be given a written notice that | 6 | | shall include notice of the following: (i) that the individual | 7 | | may refuse to consent to physical examination, test, or | 8 | | collection of laboratory specimens; (ii) that if the individual | 9 | | consents to physical examination, tests, or collection of | 10 | | laboratory specimens, the results of that examination, test, or | 11 | | collection of laboratory specimens may subject the individual | 12 | | to isolation or quarantine pursuant to the provisions of | 13 | | subsection (c) of this Section; (iii) that if the individual | 14 | | refuses to consent to physical examination, tests, or | 15 | | collection of laboratory specimens and that refusal results in | 16 | | uncertainty regarding whether he or she has been exposed to or | 17 | | is infected with a dangerously contagious or infectious disease | 18 | | or otherwise poses a danger to the public's health, the | 19 | | individual may be subject to isolation or quarantine pursuant | 20 | | to the provisions of subsection (c) of this Section; and (iv) | 21 | | that if the individual refuses to consent to physical | 22 | | examinations, tests, or collection of laboratory specimens and | 23 | | becomes subject to isolation and quarantine as provided in this | 24 | | subsection (d), he or she shall have the right to counsel | 25 | | pursuant to the provisions of subsection (c) of this Section. | 26 | | To the extent feasible without endangering the public's health, |
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| 1 | | the Department shall respect and accommodate the religious | 2 | | beliefs of individuals in implementing this subsection. | 3 | | (e) The Department may order the administration of | 4 | | vaccines, medications, or other treatments to persons as | 5 | | necessary in order to prevent the probable spread of a | 6 | | dangerously contagious or infectious disease. A vaccine, | 7 | | medication, or other treatment to be administered must not be | 8 | | such as is reasonably likely to lead to serious harm to the | 9 | | affected individual. To prevent the spread of a dangerously | 10 | | contagious or infectious disease, the Department may, pursuant | 11 | | to the provisions of subsection (c) of this Section, isolate or | 12 | | quarantine persons who are unable or unwilling to receive | 13 | | vaccines, medications, or other treatments pursuant to this | 14 | | Section. An individual may refuse to receive vaccines, | 15 | | medications, or other treatments. An individual shall be given | 16 | | a written notice that shall include notice of the following: | 17 | | (i) that the individual may refuse to consent to vaccines, | 18 | | medications, or other treatments; (ii) that if the individual | 19 | | refuses to receive vaccines, medications, or other treatments, | 20 | | the individual may be subject to isolation or quarantine | 21 | | pursuant to the provisions of subsection (c) of this Section; | 22 | | and (iii) that if the individual refuses to receive vaccines, | 23 | | medications, or other treatments and becomes subject to | 24 | | isolation or quarantine as provided in this subsection (e), he | 25 | | or she shall have the right to counsel pursuant to the | 26 | | provisions of subsection (c) of this Section. To the extent |
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| 1 | | feasible without endangering the public's health, the | 2 | | Department shall respect and accommodate the religious beliefs | 3 | | of individuals in implementing this subsection. | 4 | | (f) The Department may order observation and monitoring of | 5 | | persons to prevent the probable spread of a dangerously | 6 | | contagious or infectious disease. To prevent the spread of a | 7 | | dangerously contagious or infectious disease, the Department | 8 | | may, pursuant to the provisions of subsection (c) of this | 9 | | Section, isolate or quarantine persons whose refusal to undergo | 10 | | observation and monitoring results in uncertainty regarding | 11 | | whether he or she has been exposed to or is infected with a | 12 | | dangerously contagious or infectious disease or otherwise | 13 | | poses a danger to the public's health. An individual may refuse | 14 | | to undergo observation and monitoring. An individual shall be | 15 | | given written notice that shall include notice of the | 16 | | following: (i) that the individual may refuse to undergo | 17 | | observation and monitoring; (ii) that if the individual | 18 | | consents to observation and monitoring, the results of that | 19 | | observation and monitoring may subject the individual to | 20 | | isolation or quarantine pursuant to the provisions of | 21 | | subsection (c) of this Section; (iii) that if the individual | 22 | | refuses to undergo observation and monitoring and that refusal | 23 | | results in uncertainty regarding whether he or she has been | 24 | | exposed to or is infected with a dangerously contagious or | 25 | | infectious disease or otherwise poses a danger to the public's | 26 | | health, the individual may be subject to isolation or |
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| 1 | | quarantine pursuant to the provisions of subsection (c) of this | 2 | | Section; and (iv) that if the individual refuses to undergo | 3 | | observation and monitoring and becomes subject to isolation or | 4 | | quarantine as provided in this subsection (f), he or she shall | 5 | | have the right to counsel pursuant to the provisions of | 6 | | subsection (c) of this Section. | 7 | | (g) To prevent the spread of a dangerously contagious or | 8 | | infectious disease among humans, the Department may examine, | 9 | | test, disinfect, seize, or destroy animals or other related | 10 | | property believed to be sources of infection. An owner of such | 11 | | animal or other related property shall be given written notice | 12 | | regarding such examination, testing, disinfection, seizure, or | 13 | | destruction. When the Department determines that any animal or | 14 | | related property is infected with or has been exposed to a | 15 | | dangerously contagious or infectious disease, it may agree with | 16 | | the owner upon the value of the animal or of any related | 17 | | property that it may be found necessary to destroy, and in case | 18 | | such an agreement cannot be made, the animals or related | 19 | | property shall be appraised by 3 competent and disinterested | 20 | | appraisers, one to be selected by the Department, one by the | 21 | | claimant, and one by the 2 appraisers thus selected. The | 22 | | appraisers shall subscribe to an oath made in writing to fairly | 23 | | value the animals or related property in accordance with the | 24 | | requirements of this Act. The oath, together with the valuation | 25 | | fixed by the appraisers, shall be filed with the Department and | 26 | | preserved by it. Upon the appraisal being made, the owner or |
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| 1 | | the Department shall immediately destroy the animals by "humane | 2 | | euthanasia" as that term is defined in Section 2.09 of the | 3 | | Humane Care for Animals Act. Dogs and cats, however, shall be | 4 | | euthanized pursuant to the provisions of the Humane Euthanasia | 5 | | in Animal Shelters Act. The owner or the Department shall | 6 | | additionally, dispose of the carcasses, and disinfect, change, | 7 | | or destroy the premises occupied by the animals, in accordance | 8 | | with rules prescribed by the Department governing such | 9 | | destruction and disinfection. Upon his or her failure so to do | 10 | | or to cooperate with the Department, the Department shall cause | 11 | | the animals or related property to be destroyed and disposed of | 12 | | in the same manner, and thereupon the owner shall forfeit all | 13 | | right to receive any compensation for the destruction of the | 14 | | animals or related property. All final administrative | 15 | | decisions of the Department hereunder shall be subject to | 16 | | judicial review pursuant to the provisions of the | 17 | | Administrative Review Law, and all amendments and | 18 | | modifications thereof, and the rules adopted pursuant thereto. | 19 | | The term "administrative decision" is defined as in Section | 20 | | 3-101 of the Code of Civil Procedure.
| 21 | | (h) To prevent the spread of a dangerously contagious or | 22 | | infectious disease, the Department, local boards of health, and | 23 | | local public health authorities shall have emergency access to | 24 | | medical or health information or records or data upon the | 25 | | condition that the Department, local boards of health, and | 26 | | local public health authorities shall protect the privacy and |
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| 1 | | confidentiality of any medical or health information or records | 2 | | or data obtained pursuant to this Section in accordance with | 3 | | federal and State law. Additionally, any such medical or health | 4 | | information or records or data shall be exempt from inspection | 5 | | and copying under the Freedom of Information Act. Other than a | 6 | | hearing for the purpose of this Act, any information, records, | 7 | | reports, statements, notes, memoranda, or other data in the | 8 | | possession of the Department, local boards of health, or local | 9 | | public health authorities shall not be admissible as evidence, | 10 | | nor discoverable in any action of any kind in any court or | 11 | | before any tribunal, board, agency, or person. The access to or | 12 | | disclosure of any of this information or data by the | 13 | | Department, a local board of health, or a local public | 14 | | authority shall not waive or have any effect upon its | 15 | | non-discoverability or non-admissibility. Any person, | 16 | | facility, institution, or agency that provides emergency | 17 | | access to health information and data under this subsection | 18 | | shall have immunity from any civil or criminal liability, or | 19 | | any other type of liability that might otherwise result by | 20 | | reason of these actions except in the event of willful and | 21 | | wanton misconduct. The privileged quality of communication | 22 | | between any professional person or any facility shall not | 23 | | constitute grounds for failure to provide emergency access. | 24 | | Nothing in this subsection shall prohibit the sharing of | 25 | | information as authorized in Section 2.1 of this Act. The | 26 | | disclosure of any of this information, records, reports, |
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| 1 | | statements, notes, memoranda, or other data obtained in any | 2 | | activity under this Act, except that necessary for the purposes | 3 | | of this Act, is unlawful, and any person convicted of violating | 4 | | this provision is guilty of a Class A misdemeanor.
| 5 | | (i) (A) The Department, in order to prevent and control | 6 | | disease, injury, or disability among citizens of the State | 7 | | of Illinois, may develop and implement, in consultation | 8 | | with local public health authorities, a Statewide system | 9 | | for syndromic data collection through the access to | 10 | | interoperable networks, information exchanges, and | 11 | | databases. The Department may also develop a system for the | 12 | | reporting of comprehensive, integrated data to identify | 13 | | and address unusual occurrences of disease symptoms and | 14 | | other medical complexes affecting the public's health. | 15 | | (B) The Department may enter into contracts or | 16 | | agreements with individuals, corporations, hospitals, | 17 | | universities, not-for-profit corporations, governmental | 18 | | entities, or other organizations, whereby those | 19 | | individuals or entities agree to provide assistance in the | 20 | | compilation of the syndromic data collection and reporting | 21 | | system.
| 22 | | (C) The Department shall not release any syndromic data | 23 | | or information obtained pursuant to this subsection to any | 24 | | individuals or entities for purposes other than the | 25 | | protection of the public health. All access to data by the | 26 | | Department, reports made to the Department, the identity of |
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| 1 | | or facts that would tend to lead to the identity of the | 2 | | individual who is the subject of the report, and the | 3 | | identity of or facts that would tend to lead to the | 4 | | identity of the author of the report shall be strictly | 5 | | confidential, are not subject to inspection or | 6 | | dissemination, and shall be used only for public health | 7 | | purposes by the Department, local public health | 8 | | authorities, or the Centers for Disease Control and | 9 | | Prevention. Entities or individuals submitting reports or | 10 | | providing access to the Department shall not be held liable | 11 | | for the release of information or confidential data to the | 12 | | Department in accordance with this subsection.
| 13 | | (D) Nothing in this subsection prohibits the sharing of | 14 | | information as authorized in Section 2.1 of this Act.
| 15 | | (j) This Section shall be considered supplemental to the | 16 | | existing
authority and powers of the Department and shall not | 17 | | be construed to
restrain or restrict the Department in | 18 | | protecting the public health under any
other provisions of the | 19 | | law.
| 20 | | (k) Any person who knowingly or maliciously disseminates | 21 | | any false
information or report concerning the existence of any | 22 | | dangerously contagious or
infectious disease in connection | 23 | | with the Department's power of quarantine,
isolation and | 24 | | closure or refuses to comply with a quarantine, isolation or
| 25 | | closure order is guilty
of a Class A misdemeanor.
| 26 | | (l) The Department of Public Health may establish and |
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| 1 | | maintain a
chemical
and bacteriologic laboratory for the | 2 | | examination of water and wastes, and
for the diagnosis of | 3 | | diphtheria, typhoid fever, tuberculosis, malarial
fever and | 4 | | such other diseases as it deems necessary for the protection of
| 5 | | the public health.
| 6 | | As used in this Act, "locality" means any governmental | 7 | | agency which
exercises power pertaining to public health in an | 8 | | area less than the State.
| 9 | | The terms "sanitary investigations and inspections" and | 10 | | "sanitary
practices" as used in this Act shall not include or | 11 | | apply to "Public Water
Supplies" or "Sewage Works" as defined | 12 | | in the Environmental Protection Act. The Department may adopt | 13 | | rules that are reasonable and necessary to implement and | 14 | | effectuate this amendatory Act of the 93rd General Assembly.
| 15 | | (m) The public health measures set forth in subsections (a) | 16 | | through (h) of this Section may be used by the Department to | 17 | | respond to chemical, radiological, or nuclear agents or events. | 18 | | The individual provisions of subsections (a) through (h) of | 19 | | this Section apply to any order issued by the Department under | 20 | | this Section. The provisions of subsection (k) apply to | 21 | | chemical, radiological, or nuclear agents or events. Prior to | 22 | | the Department issuing an order for public health measures set | 23 | | forth in this Act for chemical, radiological, or nuclear agents | 24 | | or events as authorized in subsection (m), the Department and | 25 | | the Illinois Emergency Management Agency shall consult in | 26 | | accordance with the Illinois emergency response framework. |
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| 1 | | When responding to chemical, radiological, or nuclear agents or | 2 | | events, the Department shall determine the health related risks | 3 | | and appropriate public health response measures and provide | 4 | | recommendations for response to the Illinois Emergency | 5 | | Management Agency. Nothing in this Section shall supersede the | 6 | | current National Incident Management System and the Illinois | 7 | | Emergency Operation Plan or response plans and procedures | 8 | | established pursuant to IEMA statutes. | 9 | | (Source: P.A. 96-698, eff. 8-25-09.)
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