Public Act 90-0607 of the 90th General Assembly
Public Act 90-0607
HB1699 Enrolled LRB9001382MWpc
AN ACT concerning public health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Civil Administrative Code of Illinois is
amended by changing Section 6.06 as follows:
(20 ILCS 5/6.06) (from Ch. 127, par. 6.06)
Sec. 6.06. In the Department of Public Health.
(a) The General Assembly declares it to be the public
policy of this State that all citizens of Illinois are
entitled to lead healthy lives. Governmental public health
has a specific responsibility to ensure that a system is in
place to allow the public health mission to be achieved. To
develop a system requires certain core functions to be
performed by government. The State Board of Health is to
assume the leadership role in advising the Director in
meeting the following functions:
(1) Needs assessment.
(2) Statewide health objectives.
(3) Policy development.
(4) Assurance of access to necessary services.
There shall be a State Board of Health composed of 17 15
persons, all of whom shall be appointed by the Governor, with
the advice and consent of the Senate for those appointed by
the Governor on and after the effective date of this
amendatory Act of 1998, and one of whom shall be a senior
citizen age 60 or over. Five members shall be physicians
licensed to practice medicine in all its branches, one
representing a medical school faculty, one who is board
certified in preventive medicine, and 2 who are engaged in
private practice. One member shall be a dentist; one an
environmental health practitioner; one a local public health
administrator; one a local board of health member; one a
registered nurse; one a veterinarian; one a public health
academician; one a health care industry representative; and 4
2 shall be citizens at large.
In the appointment of the first Board of Health members
appointed after the effective date of this amendatory Act of
1991, the Governor shall appoint 5 members to serve for terms
of 5 years; 5 members to serve for terms of 2 years; and 5
members to serve for a term of one year. Members appointed
thereafter shall be appointed for terms of 3 years, except
where an appointment is made to fill a vacancy, in which case
the appointment shall be for the remaining term of the
position vacated. The initial terms for the 2 additional
members of the board who are citizens at large appointed
under this amendatory Act of 1998 shall be for 3 years each,
with these positions thereafter being filled as with other
members appointed by the Governor. All members shall be legal
residents of the State of Illinois. The duties of the Board
shall include, but not be limited to, the following:
(1) To advise the Department of ways to encourage
public understanding and support of the Department's
programs.
(2) To evaluate all boards, councils, committees,
authorities and bodies advisory to, or an adjunct of, the
Department of Public Health or its Director for the
purpose of recommending to the Director one or more of
the following:
(i) The elimination of bodies whose activities
are not consistent with goals and objectives of the
Department.
(ii) The consolidation of bodies whose
activities encompass compatible programmatic
subjects.
(iii) The restructuring of the relationship
between the various bodies and their integration
within the organizational structure of the
Department.
(iv) The establishment of new bodies deemed
essential to the functioning of the Department.
(3) To serve as an advisory group to the Director
for public health emergencies and control of health
hazards.
(4) To advise the Director regarding public health
policy, and to make health policy recommendations
regarding priorities to the Governor through the
Director.
(5) To present public health issues to the Director
and to make recommendations for the resolution of those
issues.
(6) To recommend studies to delineate public health
problems.
(7) To make recommendations to the Governor through
the Director regarding the coordination of State public
health activities with other State and local public
health agencies and organizations.
(8) To report on or before February 1 of each year
on the health of the residents of Illinois to the
Governor, the General Assembly and the public.
(9) To review the final draft of all proposed
administrative rules, other than emergency or preemptory
rules and those rules that another advisory body must
approve or review within a statutorily defined time
period, of the Department after the effective date of
this amendatory Act of 1991. The Board shall review the
proposed rules within 90 days of submission by the
Department. The Department shall take into consideration
any comments and recommendations of the Board regarding
the proposed rules prior to submission to the Secretary
of State for initial publication. If the Department
disagrees with the recommendations of the Board, it shall
submit a written response outlining the reasons for not
accepting the recommendations.
In the case of proposed administrative rules or
amendments to administrative rules regarding immunization
of children against preventable communicable diseases
designated by the Director under the Communicable Disease
Prevention Act, after the Immunization Advisory Committee
has made its recommendations, the Board shall conduct 3
public hearings, geographically distributed throughout
the State. At the conclusion of the hearings, the State
Board of Health shall issue a report, including its
recommendations, to the Director. The Director shall
take into consideration any comments or recommendations
made by the Board based on these hearings.
(10) To make recommendations to the Governor
through the Director concerning the development and
periodic updating of Statewide health objectives
encompassing, in part, the periodically published federal
health objectives for the nation, which will provide the
basis for the policy development and assurance roles of
the State Health Department, and to make recommendations
to the Governor through the Director regarding
legislation and funding necessary to implement the
objectives.
(11) Upon the request of the Governor, to recommend
to the Governor candidates for Director of Public Health
when vacancies occur in the position.
(12) To adopt bylaws for the conduct of its own
business, including the authority to establish ad hoc
committees to address specific public health programs
requiring resolution.
Upon appointment, the Board shall elect a chairperson
from among its members.
Members of the Board shall receive compensation for their
services at the rate of $150 per day, not to exceed $10,000
per year, as designated by the Director for each day required
for transacting the business of the Board, and shall be
reimbursed for necessary expenses incurred in the performance
of their duties. The Board shall meet from time to time at
the call of the Department, at the call of the chairperson,
or upon the request of 3 of its members, but shall not meet
less than 4 times per year.
(b) An Advisory Board of Cancer Control which shall
consist of 9 members, one of whom shall be a senior citizen
age 60 or over, appointed by the Governor, one of whom shall
be designated as chairman by a majority of the members of the
Board. No less than 4 members shall be recognized authorities
in cancer control, and at least 4 members shall be physicians
licensed to practice medicine in all of its branches in the
State of Illinois. In the appointment of the first board the
Governor shall appoint 2 members to serve for terms of 1
year, 2 for terms of 2 years, and 3 for terms of 3 years. The
members first appointed under this amendatory Act of 1984
shall serve for a term of 3 years. All members appointed,
thereafter shall be appointed for terms of 3 years, except
where an appointment is made to fill a vacancy, in which case
the appointment shall be for the remaining term of the
position vacant. The members of the Board shall be citizens
of the State of Illinois. In the appointment of the Advisory
Board the Governor shall invite nominations from recognized
medical organizations of this State. The Board is authorized
to receive voluntary contributions from any source, and to
expend the same for the purpose of cancer control as
authorized by this Act, and the laws of this State.
(c) An Advisory Board on Necropsy Service to Coroners,
which shall counsel and advise with the Director on the
administration of the Autopsy Act. The Advisory Board shall
consist of 11 members, including a senior citizen age 60 or
over, appointed by the Governor, one of whom shall be
designated as chairman by a majority of the members of the
Board. In the appointment of the first Board the Governor
shall appoint 3 members to serve for terms of 1 year, 3 for
terms of 2 years, and 3 for terms of 3 years. The members
first appointed under this amendatory Act of 1984 shall serve
for a term of 3 years. All members appointed thereafter
shall be appointed for terms of 3 years except where an
appointment is made to fill a vacancy, in which case the
appointment shall be for the remaining term of the position
vacant. The members of the Board shall be citizens of the
State of Illinois. In the appointment of members of the
Advisory Board the Governor shall appoint 3 members who shall
be persons licensed to practice medicine and surgery in the
State of Illinois, at least 2 of whom shall have received
post-graduate training in the field of pathology; 3 members
who are duly elected coroners in this State; and 5 members
who shall have interest and abilities in the field of
forensic medicine but who shall be neither persons licensed
to practice any branch of medicine in this State nor
coroners. In the appointment of medical and coroner members
of the Board, the Governor shall invite nominations from
recognized medical and coroners organizations in this State
respectively. Board members, while serving on business of the
Board, shall receive actual necessary travel and subsistence
expenses while so serving away from their places of
residence.
(Source: P.A. 86-436; 87-633.)
Section 10. The Department of Public Health Act is
amended by adding Section 8.4 as follows:
(20 ILCS 2305/8.4 new)
Sec. 8.4. Immunization Advisory Committee. The Director
of Public Health shall appoint an Immunization Advisory
Committee to advise the Director on immunization issues. The
Director shall take into consideration any comments or
recommendations made by the Advisory Committee. The
Immunization Advisory Committee shall be composed of the
following members with knowledge of immunization issues: a
pediatrician, a physician licensed to practice medicine in
all its branches, a family physician, an infectious disease
specialist from a university based center, 2 representatives
of a local health department, a registered nurse, a school
nurse, a public health provider, a public health officer or
administrator, a representative of a children's hospital, 2
representatives of immunization advocacy organizations, a
representative from the State Board of Education, and any
other individuals or organization representatives designated
by the Director. The Director shall designate one of the
Advisory Committee members to serve as the Chairperson of the
Advisory Committee.
Section 15. The Communicable Disease Prevention Act is
amended by changing Section 2 as follows:
(410 ILCS 315/2) (from Ch. 111 1/2, par. 22.12)
Sec. 2. The Department of Public Health shall promulgate
rules and regulations requiring immunization of children
against preventable communicable diseases designated by the
Director. Before any regulation or amendment thereto is
prescribed, the Department shall conduct a public hearing
regarding such regulation. In addition, before any regulation
or any amendment to a regulation is adopted, and after the
Immunization Advisory Committee has made its recommendations,
the State Board of Health shall conduct 3 public hearings,
geographically distributed throughout the State, regarding
the regulation or amendment to the regulation. At the
conclusion of the hearings, the State Board of Health shall
issue a report, including its recommendations, to the
Director. The Director shall take into consideration any
comments or recommendations made by the Board based on these
hearings. The Department may prescribe additional rules and
regulations for immunization of other diseases as vaccines
are developed.
The provisions of this Act shall not apply if:
1. The parent or guardian of the child objects thereto
on the grounds that the administration of immunizing agents
conflicts with his religious tenets or practices or,
2. A physician employed by the parent or guardian to
provide care and treatment to the child states that the
physical condition of the child is such that the
administration of one or more of the required immunizing
agents would be detrimental to the health of the child.
(Source: P.A. 85-828.)
Section 20. The Illinois Health and Hazardous Substances
Registry Act is amended by changing Sections 2, 4, and 12 as
follows:
(410 ILCS 525/2) (from Ch. 111 1/2, par. 6702)
Sec. 2. (a) The General Assembly finds that:
(i) The dangers of hazardous substances pose a serious
threat to the public health and welfare of the citizens of
Illinois;
(ii) there exists no unified effort to collect and
analyze information on hazardous substances and their
potential health effects;
(iii) the lack of comprehensive information has caused
concern on the part of Illinois citizens and a lack of
effective control by the State government;
(iv) it is the obligation of the State government to
inform and protect the citizens of Illinois by developing a
comprehensive and integrated data system on hazardous
substances and public health.
(b) It is the purpose of this Act to establish a unified
Statewide project to collect, compile and correlate
information on public health and hazardous substances. Such
information is to be used to assist in the determination of
public policy and to provide a source of information for the
public, except when public disclosure of the information
would violate the provisions of subsection (d) of Section 4
concerning confidentiality.
(c) In particular, the purpose of the collection of
cancer incidence information is to:
(1) monitor incidence trends of cancer to detect
potential public health problems, predict risks and assist in
investigating cancer clusters;
(2) more accurately target intervention resources for
communities and patients and their families;
(3) inform health professionals and citizens about
risks, early detection and treatment of cancers known to be
elevated in their communities; and
(4) promote high quality research to provide better
information for cancer control and to address public concerns
and questions about cancer.
(Source: P.A. 85-1218.)
(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 which 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. Facts that tend to lead
to the identity of a person 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, tends to identify any person. 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. 89-445, eff. 2-7-96.)
(410 ILCS 525/12) (from Ch. 111 1/2, par. 6712)
Sec. 12. All information contained in the Registry, as
well as all reports issued by the Department, including the
annual report, shall be made available to the public upon
request; provided, however, nothing in this Act permits
public disclosure of any information made confidential or
privileged pursuant to this Act or any other statute. The
Director may, by rule, establish fees to be charged to
persons or organizations other than State agencies for
requested summaries or analyses of data which are not
otherwise included in an annual report. The fees shall not
be more than the cost to the Department of supplying the
requested information.
(Source: P.A. 85-1218.)
Section 99. Effective date. This Act takes effect upon
becoming law.