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90_SB1315eng 20 ILCS 5/6.06 from Ch. 127, par. 6.06 410 ILCS 315/2 from Ch. 111 1/2, par. 22.12 Amends the Civil Administrative Code with regard to the Department of Public Health. Changes the composition of the State Board of Health from 15 to 19 members, with 2 new members appointed by the Governor from citizens at large, and 2 new members appointed, one each, by the President of the Senate and the Speaker of the House of Representatives. Provides that in the case of proposed administrative rules or amendments to administrative rules regarding immunization of children against preventable communicable diseases designated by the Director of Public Health under the Communicable Disease Prevention Act, the State Board of Health shall conduct 3 public hearings and issue its recommendations to be considered by the Director. Amends the Communicable Disease Prevention Act. Inserts a parallel provision requiring the State Board of Health to hold the hearings and issue the recommendations. Effective immediately. LRB9008998SMdv SB1315 Engrossed LRB9008998SMdv 1 AN ACT regarding immunizations, amending named Acts. 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 6.06 as follows: 6 (20 ILCS 5/6.06) (from Ch. 127, par. 6.06) 7 Sec. 6.06. 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 10 entitled to lead healthy lives. Governmental public health 11 has a specific responsibility to ensure that a system is in 12 place to allow the public health mission to be achieved. To 13 develop a system requires certain core functions to be 14 performed by government. The State Board of Health is to 15 assume the leadership role in advising the Director in 16 meeting the following functions: 17 (1) Needs assessment. 18 (2) Statewide health objectives. 19 (3) Policy development. 20 (4) Assurance of access to necessary services. 21 There shall be a State Board of Health composed of 17
1522 persons, all of whom shall be appointed by the Governor, with 23 the advice and consent of the Senate for those appointed by 24 the Governor on and after the effective date of this 25 amendatory Act of 1998, and one of whom shall be a senior 26 citizen age 60 or over. Five members shall be physicians 27 licensed to practice medicine in all its branches, one 28 representing a medical school faculty, one who is board 29 certified in preventive medicine, and 2 who are engaged in 30 private practice. One member shall be a dentist; one an 31 environmental health practitioner; one a local public health SB1315 Engrossed -2- LRB9008998SMdv 1 administrator; one a local board of health member; one a 2 registered nurse; one a veterinarian; one a public health 3 academician; one a health care industry representative; and 4 4 2shall be citizens at large. 5 In the appointment of the first Board of Health members 6 appointed after the effective date of this amendatory Act of 7 1991, the Governor shall appoint 5 members to serve for terms 8 of 5 years; 5 members to serve for terms of 2 years; and 5 9 members to serve for a term of one year. Members appointed 10 thereafter shall be appointed for terms of 3 years, except 11 where an appointment is made to fill a vacancy, in which case 12 the appointment shall be for the remaining term of the 13 position vacated. The initial terms for the 2 additional 14 members of the board who are citizens at large appointed 15 under this amendatory Act of 1998 shall be for 3 years each, 16 with these positions thereafter being filled as with other 17 members appointed by the Governor. All members shall be legal 18 residents of the State of Illinois. The duties of the Board 19 shall include, but not be limited to, the following: 20 (1) To advise the Department of ways to encourage 21 public understanding and support of the Department's 22 programs. 23 (2) To evaluate all boards, councils, committees, 24 authorities and bodies advisory to, or an adjunct of, the 25 Department of Public Health or its Director for the 26 purpose of recommending to the Director one or more of 27 the following: 28 (i) The elimination of bodies whose activities 29 are not consistent with goals and objectives of the 30 Department. 31 (ii) The consolidation of bodies whose 32 activities encompass compatible programmatic 33 subjects. 34 (iii) The restructuring of the relationship SB1315 Engrossed -3- LRB9008998SMdv 1 between the various bodies and their integration 2 within the organizational structure of the 3 Department. 4 (iv) The establishment of new bodies deemed 5 essential to the functioning of the Department. 6 (3) To serve as an advisory group to the Director 7 for public health emergencies and control of health 8 hazards. 9 (4) To advise the Director regarding public health 10 policy, and to make health policy recommendations 11 regarding priorities to the Governor through the 12 Director. 13 (5) To present public health issues to the Director 14 and to make recommendations for the resolution of those 15 issues. 16 (6) To recommend studies to delineate public health 17 problems. 18 (7) To make recommendations to the Governor through 19 the Director regarding the coordination of State public 20 health activities with other State and local public 21 health agencies and organizations. 22 (8) To report on or before February 1 of each year 23 on the health of the residents of Illinois to the 24 Governor, the General Assembly and the public. 25 (9) To review the final draft of all proposed 26 administrative rules, other than emergency or preemptory 27 rules and those rules that another advisory body must 28 approve or review within a statutorily defined time 29 period, of the Department after the effective date of 30 this amendatory Act of 1991. The Board shall review the 31 proposed rules within 90 days of submission by the 32 Department. The Department shall take into consideration 33 any comments and recommendations of the Board regarding 34 the proposed rules prior to submission to the Secretary SB1315 Engrossed -4- LRB9008998SMdv 1 of State for initial publication. If the Department 2 disagrees with the recommendations of the Board, it shall 3 submit a written response outlining the reasons for not 4 accepting the recommendations. 5 In the case of proposed administrative rules or 6 amendments to administrative rules regarding immunization 7 of children against preventable communicable diseases 8 designated by the Director under the Communicable Disease 9 Prevention Act, after the Immunization Advisory Committee 10 has made its recommendations, the Board shall conduct 3 11 public hearings, geographically distributed throughout 12 the State. At the conclusion of the hearings, the State 13 Board of Health shall issue a report, including its 14 recommendations, to the Director. The Director shall 15 take into consideration any comments or recommendations 16 made by the Board based on these hearings. 17 (10) To make recommendations to the Governor 18 through the Director concerning the development and 19 periodic updating of Statewide health objectives 20 encompassing, in part, the periodically published federal 21 health objectives for the nation, which will provide the 22 basis for the policy development and assurance roles of 23 the State Health Department, and to make recommendations 24 to the Governor through the Director regarding 25 legislation and funding necessary to implement the 26 objectives. 27 (11) Upon the request of the Governor, to recommend 28 to the Governor candidates for Director of Public Health 29 when vacancies occur in the position. 30 (12) To adopt bylaws for the conduct of its own 31 business, including the authority to establish ad hoc 32 committees to address specific public health programs 33 requiring resolution. 34 Upon appointment, the Board shall elect a chairperson SB1315 Engrossed -5- LRB9008998SMdv 1 from among its members. 2 Members of the Board shall receive compensation for their 3 services at the rate of $150 per day, not to exceed $10,000 4 per year, as designated by the Director for each day required 5 for transacting the business of the Board, and shall be 6 reimbursed for necessary expenses incurred in the performance 7 of their duties. The Board shall meet from time to time at 8 the call of the Department, at the call of the chairperson, 9 or upon the request of 3 of its members, but shall not meet 10 less than 4 times per year. 11 (b) An Advisory Board of Cancer Control which shall 12 consist of 9 members, one of whom shall be a senior citizen 13 age 60 or over, appointed by the Governor, one of whom shall 14 be designated as chairman by a majority of the members of the 15 Board. No less than 4 members shall be recognized authorities 16 in cancer control, and at least 4 members shall be physicians 17 licensed to practice medicine in all of its branches in the 18 State of Illinois. In the appointment of the first board the 19 Governor shall appoint 2 members to serve for terms of 1 20 year, 2 for terms of 2 years, and 3 for terms of 3 years. The 21 members first appointed under this amendatory Act of 1984 22 shall serve for a term of 3 years. All members appointed, 23 thereafter shall be appointed for terms of 3 years, except 24 where an appointment is made to fill a vacancy, in which case 25 the appointment shall be for the remaining term of the 26 position vacant. The members of the Board shall be citizens 27 of the State of Illinois. In the appointment of the Advisory 28 Board the Governor shall invite nominations from recognized 29 medical organizations of this State. The Board is authorized 30 to receive voluntary contributions from any source, and to 31 expend the same for the purpose of cancer control as 32 authorized by this Act, and the laws of this State. 33 (c) An Advisory Board on Necropsy Service to Coroners, 34 which shall counsel and advise with the Director on the SB1315 Engrossed -6- LRB9008998SMdv 1 administration of the Autopsy Act. The Advisory Board shall 2 consist of 11 members, including a senior citizen age 60 or 3 over, appointed by the Governor, one of whom shall be 4 designated as chairman by a majority of the members of the 5 Board. In the appointment of the first Board the Governor 6 shall appoint 3 members to serve for terms of 1 year, 3 for 7 terms of 2 years, and 3 for terms of 3 years. The members 8 first appointed under this amendatory Act of 1984 shall serve 9 for a term of 3 years. All members appointed thereafter 10 shall be appointed for terms of 3 years except where an 11 appointment is made to fill a vacancy, in which case the 12 appointment shall be for the remaining term of the position 13 vacant. The members of the Board shall be citizens of the 14 State of Illinois. In the appointment of members of the 15 Advisory Board the Governor shall appoint 3 members who shall 16 be persons licensed to practice medicine and surgery in the 17 State of Illinois, at least 2 of whom shall have received 18 post-graduate training in the field of pathology; 3 members 19 who are duly elected coroners in this State; and 5 members 20 who shall have interest and abilities in the field of 21 forensic medicine but who shall be neither persons licensed 22 to practice any branch of medicine in this State nor 23 coroners. In the appointment of medical and coroner members 24 of the Board, the Governor shall invite nominations from 25 recognized medical and coroners organizations in this State 26 respectively. Board members, while serving on business of the 27 Board, shall receive actual necessary travel and subsistence 28 expenses while so serving away from their places of 29 residence. 30 (Source: P.A. 86-436; 87-633.) 31 Section 10. The Department of Public Health Act is 32 amended by adding Section 8.4 as follows: SB1315 Engrossed -7- LRB9008998SMdv 1 (20 ILCS 2305/8.4 new) 2 Sec. 8.4. Immunization Advisory Committee. The Director 3 of Public Health shall appoint an Immunization Advisory 4 Committee to advise the Director on immunization issues. The 5 Director shall take into consideration any comments or 6 recommendations made by the Advisory Committee. The 7 Immunization Advisory Committee shall be composed of the 8 following members with knowledge of immunization issues: a 9 pediatrician, a physician licensed to practice medicine in 10 all its branches, a family physician, an infectious disease 11 specialist from a university based center, 2 representatives 12 of a local health department, a registered nurse, a school 13 nurse, a public health provider, a public health officer or 14 administrator, a representative of a children's hospital, 2 15 representatives of immunization advocacy organizations, a 16 representative from the State Board of Education, and any 17 other individuals or organization representatives designated 18 by the Director. The Director shall designate one of the 19 Advisory Committee members to serve as the Chairperson of the 20 Advisory Committee. 21 Section 15. The Communicable Disease Prevention Act is 22 amended by changing Section 2 as follows: 23 (410 ILCS 315/2) (from Ch. 111 1/2, par. 22.12) 24 Sec. 2. The Department of Public Health shall promulgate 25 rules and regulations requiring immunization of children 26 against preventable communicable diseases designated by the 27 Director. Before any regulation or amendment thereto is 28 prescribed, the Department shall conduct a public hearing 29 regarding such regulation. In addition, before any regulation 30 or any amendment to a regulation is adopted, and after the 31 Immunization Advisory Committee has made its recommendations, 32 the State Board of Health shall conduct 3 public hearings, SB1315 Engrossed -8- LRB9008998SMdv 1 geographically distributed throughout the State, regarding 2 the regulation or amendment to the regulation. At the 3 conclusion of the hearings, the State Board of Health shall 4 issue a report, including its recommendations, to the 5 Director. The Director shall take into consideration any 6 comments or recommendations made by the Board based on these 7 hearings. The Department may prescribe additional rules and 8 regulations for immunization of other diseases as vaccines 9 are developed. 10 The provisions of this Act shall not apply if: 11 1. The parent or guardian of the child objects thereto 12 on the grounds that the administration of immunizing agents 13 conflicts with his religious tenets or practices or, 14 2. A physician employed by the parent or guardian to 15 provide care and treatment to the child states that the 16 physical condition of the child is such that the 17 administration of one or more of the required immunizing 18 agents would be detrimental to the health of the child. 19 (Source: P.A. 85-828.) 20 Section 99. Effective date. This Act takes effect upon 21 becoming law.
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