State of Illinois
90th General Assembly

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[ House Amendment 001 ]


      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.
 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 which tends
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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