State of Illinois
92nd General Assembly
Legislation

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92_HB2795

 
                                               LRB9202170TAtm

 1        AN ACT concerning public health.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Counties  Code  is  amended  by  changing
 5    Section 5-25013 as follows:

 6        (55 ILCS 5/5-25013) (from Ch. 34, par. 5-25013)
 7        Sec. 5-25013.  Organization of board; powers and duties.
 8        (A)  The    board   of   health   of   each   county   or
 9    multiple-county health  department  must  shall,  immediately
10    after  appointment, meet and organize, by the election of one
11    of its number as president and one as secretary,  and  either
12    from  its  number  or  otherwise,  a treasurer and such other
13    officers as it may deem necessary. A board of health may make
14    and adopt such  rules  for  its  own  guidance  and  for  the
15    government   of  the  health  department  as  may  be  deemed
16    necessary  to  protect  and   improve   public   health   not
17    inconsistent with this Division. It must shall:
18             1.  Hold   a  meeting  prior  to  the  end  of  each
19        operating fiscal year, at which meeting officers shall be
20        elected for the ensuing operating fiscal year;
21             2.  Hold meetings at least quarterly;
22             3.  Hold special meetings  upon  a  written  request
23        signed  by two members and filed with the Secretary or on
24        request of the medical health officer  or  public  health
25        administrator;
26             4.  Provide,  equip  and  maintain suitable offices,
27        facilities and appliances for the health department;
28             5.  Publish annually, within 90 days after  the  end
29        of  the county's operating fiscal year, in pamphlet form,
30        for free  distribution,  an  annual  report  showing  the
31        condition  of  its  trust  on  the  last  day of the most
 
                            -2-                LRB9202170TAtm
 1        recently completed operating fiscal  year,  the  sums  of
 2        money  received  from all sources, giving the name of any
 3        donor, how all moneys have been  expended  and  for  what
 4        purpose,  and  such  other  statistics and information in
 5        regard to the work of the health  department  as  it  may
 6        deem of general interest;
 7             6.  Within  its  jurisdiction,  and professional and
 8        technical competence, enforce and observe all State  laws
 9        pertaining  to the preservation of health, and all county
10        and municipal ordinances except as otherwise provided  in
11        this Division;
12             7.  Within  its  jurisdiction,  and professional and
13        technical competence, investigate the  existence  of  any
14        contagious  or infectious disease and adopt measures, not
15        inconsistent with the regulations of the State Department
16        of Public Health, to arrest the progress of the same;
17             8.  Within its jurisdiction,  and  professional  and
18        technical  competence,  make  all  necessary sanitary and
19        health investigations and inspections;
20             9.  Upon  request,  give  professional  advice   and
21        information  to  all city, village, incorporated town and
22        school  authorities,  within  its  jurisdiction,  in  all
23        matters pertaining to sanitation and public health;
24             10.  Appoint  a  medical  health  officer   as   the
25        executive  officer  for  the  department,  who shall be a
26        citizen of the  United  States  and  shall  possess  such
27        qualifications   as   may  be  prescribed  by  the  State
28        Department of Public Health; or appoint a  public  health
29        administrator  who  shall  possess such qualifications as
30        may be prescribed  by  the  State  Department  of  Public
31        Health  as  the  executive  officer  for  the department,
32        provided that the board of health  shall  make  available
33        medical  supervision  which is considered adequate by the
34        Director of Public Health;
 
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 1             10 1/2.  Appoint such professional employees as  may
 2        be  approved  by  the  executive  officer  who  meet  the
 3        qualification  requirements  of  the  State Department of
 4        Public Health for their  respective  positions  provided,
 5        that  in  those  health departments temporarily without a
 6        medical health officer  or  public  health  administrator
 7        approval  by  the State Department of Public Health shall
 8        suffice;
 9             11.  Appoint such other officers  and  employees  as
10        may be necessary;
11             12.  Prescribe the powers and duties of all officers
12        and  employees,  fix  their  compensation,  and authorize
13        payment of the same and  all  other  department  expenses
14        from  the  County  Health  Fund of the county or counties
15        concerned;
16             13.  Submit an annual budget to the county board  or
17        boards;
18             14.  Submit  an annual report to the county board or
19        boards,   explaining   all   of   its   activities    and
20        expenditures;
21             15.  Establish  and  carry out programs and services
22        in  mental  health,  including  mental  retardation   and
23        alcoholism and substance abuse, not inconsistent with the
24        regulations of the Department of Human Services;
25             16.  Consult  with  all  other  private  and  public
26        health agencies in the county in the development of local
27        plans for the most efficient delivery of health services.
28        (B)  The    board   of   health   of   each   county   or
29    multiple-county health department may:
30             1.  Initiate and carry out programs  and  activities
31        of  all  kinds,  not  inconsistent  with law, that may be
32        deemed  necessary  or  desirable  in  the  promotion  and
33        protection of  health  and  in  the  control  of  disease
34        including tuberculosis;
 
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 1             2.  Receive   contributions  of  real  and  personal
 2        property;
 3             3.  Recommend to the  county  board  or  boards  the
 4        adoption  of  such  ordinances  and  of  such  rules  and
 5        regulations  as  may be deemed necessary or desirable for
 6        the promotion and protection of  health  and  control  of
 7        disease;
 8             4.  Appoint  a medical and dental advisory committee
 9        and  a  non-medical  advisory  committee  to  the  health
10        department;
11             5.  Enter   into   contracts   with    the    State,
12        municipalities,    other   political   subdivisions   and
13        non-official agencies for the purchase, sale or  exchange
14        of health services;
15             6.  Set  fees  it deems reasonable and necessary (i)
16        to provide services  or  perform  regulatory  activities,
17        (ii)  when  required  by  State  or  federal  grant award
18        conditions, (iii) to support activities delegated to  the
19        board  of  health  by  the  Illinois Department of Public
20        Health, or (iv) when required by an agreement between the
21        board  of  health  and  other  private  or   governmental
22        organizations,  unless  the fee has been established as a
23        part of a regulatory  ordinance  adopted  by  the  county
24        board,  in  which  case  the  board  of health shall make
25        recommendations to  the  county  board  concerning  those
26        fees.   Revenue  generated  under  this  Section shall be
27        deposited into the County Health Fund or to  the  account
28        of the multiple-county health department.
29             7.  Enter  into  multiple  year employment contracts
30        with  the  medical  health  officer  or   public   health
31        administrator as may be necessary for the recruitment and
32        retention  of personnel and the proper functioning of the
33        health department.
34        (C)  The board of  health  of  a  multiple-county  health
 
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 1    department  may  hire  attorneys  to represent and advise the
 2    department  concerning  matters  that  are  not  within   the
 3    exclusive  jurisdiction of the State's Attorney of one of the
 4    counties that created the department.
 5    (Source: P.A. 89-272, eff. 8-10-95; 89-507, eff. 7-1-97.)

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