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|[ House Amendment 001 ]|
90_HB3775 410 ILCS 525/2 from Ch. 111 1/2, par. 6702 410 ILCS 525/4 from Ch. 111 1/2, par. 6704 410 ILCS 525/12 from Ch. 111 1/2, par. 6712 Amends the Health and Hazardous Substances Registry Act. Provides that facts that tend to lead to the identity of a person whose condition or treatment is submitted to the registry (and that are thus confidential) include the following: name, social security number, address, and any other data element that, by itself or in combination with one or more other data elements, identifies fewer than 6 persons. Provides that such facts are not admissible in evidence or subject to discovery. Effective immediately. LRB9007930DJcd LRB9007930DJcd 1 AN ACT to amend the Illinois Health and Hazardous 2 Substances Registry Act by changing Sections 2, 4, and 12. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Health and Hazardous Substances 6 Registry Act is amended by changing Sections 2, 4, and 12 as 7 follows: 8 (410 ILCS 525/2) (from Ch. 111 1/2, par. 6702) 9 Sec. 2. (a) The General Assembly finds that: 10 (i) The dangers of hazardous substances pose a serious 11 threat to the public health and welfare of the citizens of 12 Illinois; 13 (ii) there exists no unified effort to collect and 14 analyze information on hazardous substances and their 15 potential health effects; 16 (iii) the lack of comprehensive information has caused 17 concern on the part of Illinois citizens and a lack of 18 effective control by the State government; 19 (iv) it is the obligation of the State government to 20 inform and protect the citizens of Illinois by developing a 21 comprehensive and integrated data system on hazardous 22 substances and public health. 23 (b) It is the purpose of this Act to establish a unified 24 Statewide project to collect, compile and correlate 25 information on public health and hazardous substances. Such 26 information is to be used to assist in the determination of 27 public policy and to provide a source of information for the 28 public, except when public disclosure of the information 29 would violate the provisions of subsection (d) of Section 4 30 concerning confidentiality. 31 (c) In particular, the purpose of the collection of -2- LRB9007930DJcd 1 cancer incidence information is to: 2 (1) monitor incidence trends of cancer to detect 3 potential public health problems, predict risks and assist in 4 investigating cancer clusters; 5 (2) more accurately target intervention resources for 6 communities and patients and their families; 7 (3) inform health professionals and citizens about 8 risks, early detection and treatment of cancers known to be 9 elevated in their communities; and 10 (4) promote high quality research to provide better 11 information for cancer control and to address public concerns 12 and questions about cancer. 13 (Source: P.A. 85-1218.) 14 (410 ILCS 525/4) (from Ch. 111 1/2, par. 6704) 15 Sec. 4. (a) There is created the Health and Hazardous 16 Substances Coordinating Council, to be comprised of the 17 following persons ex officio or their designees: Dean of the 18 School of Public Health of the University of Illinois, 19 Director of Natural Resources, Director of Public Health, 20 Director of Labor, Director of Agriculture, Director of the 21 Environmental Protection Agency and the Director of Nuclear 22 Safety. 23 The University of Illinois School of Public Health shall 24 advise the Department in the design, function and utilization 25 of the Registry. 26 (b) To facilitate the collection of cancer incidence 27 information, the Department, in consultation with the 28 Advisory Board of Cancer Control, shall have the authority to 29 require hospitals, laboratories or other facilities to report 30 incidences of cancer and other specified tumorous and 31 precancerous diseases to the Department, and to require the 32 submission of such other information pertaining to or in 33 connection with such reported cases as the Department deems -3- LRB9007930DJcd 1 necessary or appropriate for the purposes of this Act. The 2 Department may promulgate rules or regulations specifying the 3 hospitals, laboratories or other facilities which are 4 required to submit information pursuant to this Section, the 5 types of information required to be submitted, methods of 6 submitting such information and any other detail deemed by 7 the Department to be necessary or appropriate for 8 administration of this Act. Nothing in this Act shall be 9 construed to compel any individual to submit to a medical 10 examination or supervision. 11 (c) The Director shall by rule or regulation establish 12 standards or guidelines for ensuring the protection of 13 information made confidential or privileged under law. 14 (d) The identity, or any group of facts that
whichtends 15 to lead to the identity, of any person whose condition or 16 treatment is submitted to the Illinois Health and Hazardous 17 Substances Registry is confidential and shall not be open to 18 public inspection or dissemination. Facts that tend to lead 19 to the identity of a person include the following: name, 20 social security number, address, and any other data element 21 that, by itself or in combination with one or more other 22 data elements, identifies fewer than 6 persons. Facts that 23 tend to lead to the identity of a person are not admissible 24 as evidence and are not subject to discovery in any action of 25 any kind in any court or before any person or any tribunal, 26 board, commission, agency, or other body. Information for 27 specific research purposes may be released in accordance with 28 procedures established by the Department. Except as provided 29 by rule, and as part of an epidemiologic investigation, an 30 officer or employee of the Department may interview a patient 31 named in a report made under this Act, or relatives of any 32 such patient, only with the express written consent of the 33 patient. 34 (e) Hospitals, laboratories, other facilities or -4- LRB9007930DJcd 1 physicians shall not be held liable for the release of 2 information or confidential data to the Department in 3 accordance with this Act. The Department shall protect any 4 information made confidential or privileged under law. 5 (Source: P.A. 89-445, eff. 2-7-96.) 6 (410 ILCS 525/12) (from Ch. 111 1/2, par. 6712) 7 Sec. 12. All information contained in the Registry, as 8 well as all reports issued by the Department, including the 9 annual report, shall be made available to the public upon 10 request; provided, however, nothing in this Act permits 11 public disclosure of any information made confidential or 12 privileged pursuant to this Act or any other statute. The 13 Director may, by rule, establish fees to be charged to 14 persons or organizations other than State agencies for 15 requested summaries or analyses of data which are not 16 otherwise included in an annual report. The fees shall not 17 be more than the cost to the Department of supplying the 18 requested information. 19 (Source: P.A. 85-1218.) 20 Section 99. Effective date. This Act takes effect upon 21 becoming law.
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