Public Act 103-0962
 
SB3239 EnrolledLRB103 38269 CES 68404 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Illinois Health and Hazardous Substances 
Registry Act is amended by changing Sections 3, 4, 6, 9, and 13 
as follows:
 
    (410 ILCS 525/3)  (from Ch. 111 1/2, par. 6703)
    Sec. 3. For the purposes of this Act, unless the context 
requires otherwise: 
    (a) "Department" means the Illinois Department of Public 
Health.
    (b) "Director" means the Director of the Illinois 
Department of Public Health.
    (c) (Blank). "Council" means the Health and Hazardous 
Substances Coordinating Council created by this Act.
    (d) "Registry" means the Illinois Health and Hazardous 
Substances Registry established by the Department of Public 
Health under Section 6 of this Act.
    (e) "Cancer" means all malignant neoplasms, regardless of 
the tissue of origin, including malignant lymphoma and 
leukemia.
    (f) "Cancer incidence" means a medical diagnosis of 
cancer, consisting of a record of cases of cancer and 
specified cases of tumorous or precancerous diseases which 
occur in Illinois, and such other information concerning these 
cases as the Department deems necessary or appropriate in 
order to conduct thorough and complete epidemiological surveys 
of cancer and cancer-related diseases in Illinois.
    (g) "Occupational disease" includes but is not limited to 
all occupational diseases covered by the Workers' Occupational 
Diseases Act.
    (h) "Hazardous substances" means a hazardous substance as 
defined in the Environmental Protection Act.
    (i) "Hazardous substances incident" includes but is not 
limited to a spill, fire, or accident involving hazardous 
substances, illegal disposal, transportation, or use of 
hazardous substances, and complaints or permit violations 
involving hazardous substances.
    (j) "Company profile" includes but is not limited to the 
name of any company operating in the State of Illinois which 
generates, uses, disposes of or transports hazardous 
substances, identification of the types of permits issued in 
such company's name relating to transactions involving 
hazardous substances, inventory of hazardous substances 
handled by such company, and the manner in which such 
hazardous substances are used, disposed of, or transported by 
the company.
    (k)  "Hazardous nuclear material" means (1) any source or 
special nuclear material intended for use or used as an energy 
source in a production or utilization facility as defined in 
Sec. 11.v. or 11.cc. of the federal Atomic Energy Act of 1954 
as amended; (2) any fuel which has been discharged from such a 
facility following irradiation, the constituent elements of 
which have not been separated by reprocessing; or (3) any 
by-product material resulting from operation of such a 
facility.
    (l) "Adverse pregnancy outcome" includes but is not 
limited to birth defects, fetal loss, infant mortality, low 
birth weight, selected life-threatening conditions, and other 
developmental disabilities as defined by the Department.
    (m) "News medium" means any newspaper or other periodical 
issued at regular intervals, whether in print or electronic 
format, and having a general circulation; a news service, 
whether in print or electronic format; a radio station, a 
television station; a television network; a community antenna 
television service; and any person or corporation engaged in 
the making of news reels or other motion picture news for 
public showing.
    (n) "Researcher" means an individual who is affiliated 
with or supported by universities, academic centers, research 
institutions, hospitals, and governmental entities who conduct 
scientific research or investigation on human diseases. 
(Source: P.A. 95-941, eff. 8-29-08.)
 
    (410 ILCS 525/4)  (from Ch. 111 1/2, par. 6704)
    Sec. 4. (a) There is created the Health and Hazardous 
Substances Coordinating Council, to be comprised of the 
following persons ex officio or their designees: Dean of the 
School of Public Health of the University of Illinois, 
Director of Natural Resources, Director of Public Health, 
Director of Labor, Director of Agriculture, Director of the 
Environmental Protection Agency and the Director of Nuclear 
Safety.
    The University of Illinois School of Public Health shall 
advise the Department in the design, function and utilization 
of the Registry.
    (b) To facilitate the collection of cancer incidence 
information, the Department, in consultation with the Advisory 
Board of Cancer Control, shall have the authority to require 
hospitals, laboratories or other facilities to report 
incidences of cancer and other specified tumorous and 
precancerous diseases to the Department, and to require the 
submission of such other information pertaining to or in 
connection with such reported cases as the Department deems 
necessary or appropriate for the purposes of this Act. The 
Department may promulgate rules or regulations specifying the 
hospitals, laboratories or other facilities which are required 
to submit information pursuant to this Section, the types of 
information required to be submitted, methods of submitting 
such information and any other detail deemed by the Department 
to be necessary or appropriate for administration of this Act. 
Nothing in this Act shall be construed to compel any 
individual to submit to a medical examination or supervision.
    (c) The Director shall by rule or regulation establish 
standards or guidelines for ensuring the protection of 
information made confidential or privileged under law.
    (d) The identity, or any group of facts that tends to lead 
to the identity, of any person whose condition or treatment is 
submitted to the Illinois Health and Hazardous Substances 
Registry is confidential and shall not be open to public 
inspection or dissemination and is exempt from disclosure 
under Section 7 of the Freedom of Information Act. The 
following data elements, alone or in combination, are 
confidential, shall not be open to public inspection or 
dissemination, and are exempt from disclosure under Section 7 
of the Freedom of Information Act: name, social security 
number, street address, email address, telephone number, fax 
number, medical record number, certificate/license number, 
reporting source (unless permitted by the reporting facility), 
age (unless aggregated for 5 or more years, ZIP code (unless 
aggregated for 5 or more years), and diagnosis date (unless 
aggregated for one or more years for the entire State or for 3 
or more years for a single county). The identity of any person 
or persons claimed to be derived from cancer registry data is 
not admissible in evidence, and no court shall require 
information to be produced in discovery if it determines that 
the information tends to lead to the identity of any person. 
Information for specific research purposes may be released in 
accordance with procedures established by the Department. 
Except as provided by rule, and as part of an epidemiologic 
investigation, an officer or employee of the Department may 
interview a patient named in a report made under this Act, or 
relatives of any such patient, only with the express written 
consent of the patient.
    (e) Hospitals, laboratories, other facilities or 
physicians shall not be held liable for the release of 
information or confidential data to the Department in 
accordance with this Act. The Department shall protect any 
information made confidential or privileged under law.
(Source: P.A. 95-941, eff. 8-29-08.)
 
    (410 ILCS 525/6)  (from Ch. 111 1/2, par. 6706)
    Sec. 6. (a) No later than January 1, 1985, the Department 
shall commence the work necessary to compile the information 
which will constitute the Health and Hazardous Substances 
Registry. The Registry shall consist of the compilation of 
information in the following categories:
    (i) adverse pregnancy outcomes;
    (ii) cancer incidences;
    (iii) occupational diseases;
    (iv) location, transportation, and exposure to hazardous 
nuclear materials;
    (v) company profiles; and
    (vi) hazardous substances incidents.
    The Department, pursuant to any guidelines established by 
the Council, shall promulgate rules or regulations specifying 
the types of information in each category which will be 
compiled for the Registry. Such information shall be compiled 
in the Registry in such a manner as to allow for geographical 
correlation of the data on public health and the data on 
hazardous substances and hazardous nuclear materials. To the 
extent feasible, the Registry shall be compatible with other 
national models of such type so as to facilitate the 
coordination of information with other data bases.
(Source: P.A. 83-1361.)
 
    (410 ILCS 525/9)  (from Ch. 111 1/2, par. 6709)
    Sec. 9. The Department shall utilize the Registry to 
conduct research on the relationships between hazardous 
substances, hazardous nuclear materials, and public health 
issues. The In consultation with the Council, the Director 
shall establish guidelines for determining the specific 
questions and areas to be researched. The guidelines shall 
specifically include the question of the potential public 
health significance of an increase in cancer incidence. The 
Upon the approval of the Council, the information contained in 
the Registry shall be available to other State agencies 
wishing to conduct research on these issues. Upon review and 
approval of an appropriate Institutional Review Board (IRB) or 
its equivalent on protection of human subjects in research, 
the Department shall release data to researchers for purposes 
of medical and scientific research consistent with the 
fundamental purposes of the Registry. 
(Source: P.A. 95-941, eff. 8-29-08.)
 
    (410 ILCS 525/13)  (from Ch. 111 1/2, par. 6713)
    Sec. 13. (a) Violation of this Act is a Class A 
misdemeanor. 
    (b) Any person who violates this Act shall be liable for a 
civil penalty not to exceed $1,000 for each violation.
    (c) The Department Council may request the Attorney 
General or the State's Attorney of the county in which the 
violation occurred to proceed in a court of competent 
jurisdiction to secure such relief as provided in this 
Section, as well as injunctive relief to restrain violations 
of this Act.
(Source: P.A. 83-1361.)
 
    (410 ILCS 525/5 rep.)
    Section 10. The Illinois Health and Hazardous Substances 
Registry Act is amended by repealing Section 5.