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92_HB3809 LRB9213158REdv 1 AN ACT concerning emergency health powers. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 ARTICLE 1. TITLE, FINDINGS, PURPOSES, AND DEFINITIONS 5 Section 1-1. Short title. This Act may be cited as the 6 Illinois Emergency Health Powers Act. 7 Section 1-5. Legislative findings. The General Assembly 8 finds that: 9 (1) The government must do more to protect the health, 10 safety, and general well being of its citizens. 11 (2) New and emerging dangers, including emergent and 12 resurgent infectious diseases and incidents of civilian mass 13 casualties, pose serious and immediate threats. 14 (3) A renewed focus on the prevention, detection, 15 management, and containment of public health emergencies is 16 needed. 17 (4) Emergency health threats, including those caused by 18 bioterrorism, may require the exercise of extraordinary 19 government functions. 20 (5) This State must have the ability to respond, rapidly 21 and effectively, to potential or actual public health 22 emergencies. 23 (6) The exercise of emergency health powers must promote 24 the common good. 25 (7) Emergency health powers must be grounded in a 26 thorough scientific understanding of public health threats 27 and disease transmission. 28 (8) Guided by principles of justice and 29 anti-discrimination, it is the duty of this State to act with 30 fairness and tolerance towards individuals and groups. -2- LRB9213158REdv 1 (9) The rights of people to liberty, bodily integrity, 2 and privacy must be respected to the fullest extent possible 3 consistent with maintaining and preserving the public's 4 health and security. 5 (10) This Act is necessary to protect the health and 6 safety of the citizens of this State. 7 Section 1-10. Purposes. The purposes of this Act are the 8 following: 9 (0.5) To require the development of a comprehensive plan 10 to provide for a coordinated, appropriate response in the 11 event of a public health emergency. 12 (1) To authorize the collection of data and records, the 13 management of property, the protection of persons, and access 14 to communications. 15 (2) To facilitate the early detection of a health 16 emergency, and to allow for immediate investigation of such 17 an emergency by granting access to individuals' health 18 information under specified circumstances. 19 (3) To grant State officials the authority to use and 20 appropriate property as necessary for the care, treatment, 21 and housing of patients and to destroy contaminated 22 facilities or materials. 23 (4) To grant State and local officials the authority to 24 provide care, treatment, and vaccination to persons who are 25 ill or who have been exposed to contagious diseases, and to 26 separate affected individuals from the population at large to 27 interrupt disease transmission. 28 (5) To ensure that the needs of infected or exposed 29 persons are addressed to the fullest extent possible, given 30 the primary goal of controlling serious health threats. 31 (6) To provide State officials with the ability to 32 prevent, detect, manage, and contain emergency health threats 33 without unduly interfering with civil rights and liberties. -3- LRB9213158REdv 1 Section 1-15. Definitions. 2 (1) "Bioterrorism" is the intentional use of any 3 microorganism, virus, infectious substance, or biological 4 product that may be engineered as a result of biotechnology, 5 or any naturally occurring or bioengineered component of any 6 such microorganism, virus, infectious substance, or 7 biological product, to cause death, disease, or other 8 biological malfunction in a human, an animal, a plant, or 9 another living organism in order to influence the conduct of 10 government or to intimidate or coerce a civilian population. 11 (2) "Chain of custody" is the methodology of tracking 12 specimens for the purpose of maintaining control and 13 accountability from initial collection to final disposition 14 of the specimens and providing for accountability at each 15 stage of collecting, handling, testing, storing, and 16 transporting the specimens and reporting test results. 17 (3) "Contagious disease" is an infectious disease that 18 can be transmitted from person to person. 19 (4) "Health care facility" means all or part of any 20 non-federal institution, building, or agency, whether public 21 or private (for-profit or nonprofit) that is used, operated, 22 or designed to provide health services, medical treatment, or 23 nursing, rehabilitative, or preventive care to any person or 24 persons. This includes, but is not limited to: ambulatory 25 surgical facilities, home health agencies, hospices, 26 hospitals, infirmaries, intermediate care facilities, kidney 27 treatment centers, long-term care facilities, medical 28 assistance facilities, mental health centers, outpatient 29 facilities, public health centers, rehabilitation facilities, 30 residential treatment facilities, skilled nursing facilities, 31 and adult day-care centers. This also includes, but is not 32 limited to, the following related property when used for or 33 in connection with the foregoing: laboratories; research 34 facilities; pharmacies; laundry facilities; health personnel -4- LRB9213158REdv 1 training and lodging facilities; patient, guest, and health 2 personnel food service facilities; and offices and office 3 buildings for persons engaged in health care professions or 4 services. 5 (5) "Health care provider" is any person or entity that 6 provides health care services including, but not limited to, 7 hospitals, medical clinics and offices, special care 8 facilities, medical laboratories, physicians, pharmacists, 9 dentists, physician assistants, nurse practitioners, 10 registered and other nurses, paramedics, emergency medical or 11 laboratory technicians, and ambulance and emergency medical 12 workers. 13 (6) "Infectious disease" is a disease caused by a living 14 organism or other pathogen, including a fungus, bacillus, 15 parasite, protozoan, or virus. An infectious disease may, or 16 may not, be transmissible from person to person, animal to 17 person, or insect to person. 18 (7) "Infectious waste" is: 19 (a) "biological waste", which includes blood and 20 blood products, excretions, exudates, secretions, 21 suctioning and other body fluids, and waste materials 22 saturated with blood or body fluids; 23 (b) "cultures and stocks", which include etiologic 24 agents and associated biologicals, including specimen 25 cultures and dishes and devices used to transfer, 26 inoculate, and mix cultures, wastes from production of 27 biologicals and serums, and discarded live and attenuated 28 vaccines; 29 (c) "pathological waste", which includes biopsy 30 materials and all human tissues, anatomical parts that 31 emanate from surgery, obstetrical procedures, necropsy or 32 autopsy and laboratory procedures, and animal carcasses 33 exposed to pathogens in research and the bedding and 34 other waste from those animals, but does not include -5- LRB9213158REdv 1 teeth or formaldehyde or other preservative agents; and 2 (d) "sharps", which include needles, I.V. tubing 3 with needles attached, scalpel blades, lancets, breakable 4 glass tubes, and syringes that have been removed from 5 their original sterile containers. 6 (8) "Isolation" is the physical separation and 7 confinement of an individual or groups or individuals 8 believed to be infected with a contagious or possibly 9 contagious disease from non-isolated individuals, in order to 10 prevent or limit the transmission of the disease to 11 non-isolated individuals. 12 (9) "Mental health support personnel" include, but are 13 not limited to, psychiatrists, psychologists, social workers, 14 and volunteer crisis counseling groups. 15 (9.5) "Organized militia" includes the Illinois National 16 Guard, the army national guard, the air national guard, or 17 any other military force organized under the laws of this 18 State. 19 (10) "Protected health information" is any information, 20 whether oral, written, electronic, visual, or any other form, 21 that relates to an individual's past, present, or future 22 physical or mental health status, condition, treatment, 23 service, products purchased, or provision of care, and that 24 reveals the identity of the individual whose health care is 25 the subject of the information, or where there is a 26 reasonable basis to believe that information could be used 27 (either alone or with other information that is, or should 28 reasonably be known to be, available to predictable 29 recipients of that information) to reveal the identity of 30 that individual. 31 (11) "Public health authority" is the Department of 32 Public Health; any local government agency that acts 33 principally to protect or preserve the public's health; or 34 any person directly authorized to act on behalf of the -6- LRB9213158REdv 1 Department of Public Health or local public health agency. 2 (12) A "public health emergency" is an occurrence or 3 imminent threat of an illness or health condition that: 4 (a) is believed to be caused by any of the 5 following: 6 (i) bioterrorism; 7 (ii) the appearance of a novel or previously 8 controlled or eradicated infectious agent or 9 biological toxin; 10 (iii) a natural disaster; 11 (iv) a chemical attack or accidental release; 12 or 13 (v) a nuclear attack or accident; and 14 (b) poses a high probability of any of the 15 following harms: 16 (i) a large number of deaths in the affected 17 population; 18 (ii) a large number of serious or long-term 19 disabilities in the affected population; or 20 (iii) widespread exposure to an infectious or 21 toxic agent that poses a significant risk of 22 substantial future harm to a large number of people 23 in the affected population. 24 (13) "Public safety authority" is the Department of 25 State Police; any local government agency that acts 26 principally to protect or preserve the public safety; or any 27 person directly authorized to act on behalf of the Department 28 of State Police or local agency. 29 (13.5) "Quarantine" is the physical separation and 30 confinement of an individual or groups of individuals, who 31 are or may have been exposed to a contagious or possibly 32 contagious disease and who do not show signs or symptoms of a 33 contagious disease, from non-quarantined individuals, to 34 prevent or limit the transmission of the disease to -7- LRB9213158REdv 1 non-quarantined individuals. 2 (14) "Specimens" include, but are not limited to, blood, 3 sputum, urine, stool, other bodily fluids, wastes, tissues, 4 and cultures necessary to perform required tests. 5 (15) "Tests" include, but are not limited to, any 6 diagnostic or investigative analyses necessary to prevent the 7 spread of disease or protect the public's health, safety, and 8 welfare. 9 (16) "Trial court" is a circuit court in the district in 10 which isolation or quarantine is to occur, a court designated 11 by the Public Health Emergency Plan under Article 3 of this 12 Act, or a circuit court in the district in which a public 13 health emergency has been declared. 14 ARTICLE 3. PLANNING FOR A PUBLIC HEALTH EMERGENCY 15 Section 3-5. Public Health Emergency Planning Commission. 16 The Governor shall appoint a Public Health Emergency Planning 17 Commission ("the Commission"), consisting of the State 18 Directors or Secretaries, or their designees, of agencies the 19 Governor deems relevant to public health emergency 20 preparedness, a representative group of state legislators, 21 members of the judiciary, and any other persons chosen by the 22 Governor. The Governor shall also designate the chair of the 23 Commission. 24 Section 3-10. Public Health Emergency Plan. 25 (a) Content. The Commission shall, within 6 months after 26 its appointment, deliver to the Governor a plan for 27 responding to a public health emergency that includes 28 provisions or guidelines on the following: 29 (1) Notifying and communicating with the population 30 during a state of public health emergency in compliance 31 with this Act. -8- LRB9213158REdv 1 (2) Central coordination of resources, manpower, 2 and services, including coordination of responses by 3 State, local, tribal, and federal agencies. 4 (3) The location, procurement, storage, 5 transportation, maintenance, and distribution of 6 essential materials, including but not limited to medical 7 supplies, drugs, vaccines, food, shelter, clothing, and 8 beds. 9 (4) Compliance with the reporting requirements in 10 Section 5-5. 11 (5) The continued, effective operation of the 12 judicial system including, if deemed necessary, the 13 identification and training of personnel to serve as 14 emergency judges regarding matters of isolation and 15 quarantine as described in this Act. 16 (6) The method of evacuating populations, and 17 housing and feeding the evacuated populations. 18 (7) The identification and training of health care 19 providers to diagnose and treat persons with infectious 20 diseases. 21 (8) The vaccination of persons, in compliance with 22 the provisions of this Act. 23 (9) The treatment of persons who have been exposed 24 to or who are infected with diseases or health conditions 25 that may be the cause of a public health emergency. 26 (10) The safe disposal of infectious wastes and 27 human remains in compliance with the provisions of this 28 Act. 29 (11) The safe and effective control of persons 30 isolated, quarantined, vaccinated, tested, or treated 31 during a state of public health emergency. 32 (12) Tracking the source and outcomes of infected 33 persons. 34 (13) Ensuring that each municipality and county -9- LRB9213158REdv 1 within the State identifies the following: 2 (i) sites where persons can be isolated or 3 quarantined in compliance with the provisions of 4 this Act regarding the least restrictive means for 5 isolation and quarantine, and requirements for 6 maintaining the safety, health, and dignity of those 7 isolated or quarantined; 8 (ii) sites where medical supplies, food, and 9 other essentials can be distributed to the 10 population; 11 (iii) sites where public health and emergency 12 workers can be housed and fed; and 13 (iv) routes and means of transportation of 14 people and materials. 15 (13.5) Coordination with other states and the 16 federal government. 17 (14) Cultural norms, values, religious principles, 18 and traditions that may be relevant. 19 (15) Other measures necessary to carry out the 20 purposes of this Act. 21 (b) Distribution. The Commission shall distribute this 22 plan to those who will be responsible for its implementation, 23 other interested persons, and the public, and seek their 24 review and comments. 25 (c) Review. The Commission shall annually review its 26 plan for responding to a public health emergency. 27 ARTICLE 5. MEASURES TO DETECT AND TRACK 28 PUBLIC HEALTH EMERGENCIES 29 Section 5-5. Reporting. 30 (1) Illness or health condition. A health care provider, 31 coroner, or medical examiner shall report all cases of 32 persons who harbor any illness or health condition that may -10- LRB9213158REdv 1 be potential causes of a public health emergency. Reportable 2 illnesses and health conditions include, but are not limited 3 to, the diseases caused by the biological agents listed in 42 4 C.F.R. Section 72, App. A (2000) and any illnesses or health 5 conditions identified by the public health authority. 6 (2) Pharmacists. In addition to the foregoing 7 requirements for health care providers, a pharmacist must 8 report any unusual or increased prescription rates, unusual 9 types of prescriptions, or unusual trends in pharmacy visits 10 that may be potential causes of a public health emergency. 11 Prescription-related events that require a report include, 12 but are not limited to: 13 (a) an unusual increase in the number of 14 prescriptions or over-the-counter pharmaceuticals to 15 treat conditions that the public health authority 16 identifies through regulations; 17 (b) an unusual increase in the number of 18 prescriptions for antibiotics; and 19 (c) any prescription that treats a disease that is 20 relatively uncommon or may be associated with 21 bioterrorism. 22 (3) Manner of reporting. The report must be made 23 electronically or in writing within 24 hours to the public 24 health authority. The report must include as much of the 25 following information as is available: the specific illness 26 or health condition that is the subject of the report; the 27 patient's name, date of birth, sex, race, occupation, and 28 current home and work addresses (including city and county); 29 the name and address of the health care provider, coroner, or 30 medical examiner and of the reporting individual, if 31 different; and any other information needed to locate the 32 patient for follow-up. For cases related to animal or insect 33 bites, the suspected locating information of the biting 34 animal or insect, and the name and address of any known -11- LRB9213158REdv 1 owner, must be reported. 2 (4) Animal diseases. Every veterinarian, livestock 3 owner, veterinary diagnostic laboratory director, or other 4 person having the care of animals must report animals having 5 or suspected of having any disease that may be potential 6 causes of a public health emergency. The report must be made 7 electronically or in writing within 24 hours to the public 8 health authority and must include as much of the following 9 information as is available: the specific illness or health 10 condition that is the subject of the report, the suspected 11 locating information of the animal, the name and address of 12 any known owner, and the name and address of the reporting 13 individual. 14 (5) Laboratories. For the purposes of this Section, the 15 definition of "health care provider" includes out-of-state 16 medical laboratories that have agreed to the reporting 17 requirements of this State. Results must be reported by the 18 laboratory that performs the test, but an in-state laboratory 19 that sends specimens to an out-of-state laboratory is also 20 responsible for reporting results. 21 (6) Enforcement. The public health authority may enforce 22 the provisions of this Section in accordance with existing 23 enforcement rules and regulations. 24 Section 5-10. Tracking. The public health authority shall 25 ascertain the existence of cases of an illness or health 26 condition that may be a potential cause of a public health 27 emergency; investigate all such cases for sources of 28 infection and to ensure that they are subject to proper 29 control measures; and define the distribution of the illness 30 or health condition. To fulfill these duties, the public 31 health authority shall identify exposed individuals as 32 follows: 33 (1) Identification of individuals. Acting on information -12- LRB9213158REdv 1 developed in accordance with Section 5-5, or other reliable 2 information, the public health authority shall identify all 3 individuals thought to have been exposed to an illness or 4 health condition that may be a potential cause of a public 5 health emergency. 6 (2) Interviewing of individuals. The public health 7 authority shall counsel and interview such individuals to 8 assist in the positive identification of exposed individuals 9 and develop information relating to the source and spread of 10 the illness or health condition. That information includes 11 the name and address (including municipality and county) of 12 any person from whom the illness or health condition may have 13 been contracted and to whom the illness or health condition 14 may have spread. 15 (3) Examination of facilities or materials. The public 16 health authority shall, for examination purposes, close, 17 evacuate, or decontaminate any facility or decontaminate or 18 destroy any material when the authority reasonably suspects 19 that the facility or material may endanger the public health. 20 (4) Enforcement. The public health authority may enforce 21 the provisions of this Section in accordance with existing 22 enforcement rules and regulations. An order of the public 23 health authority given to effectuate the purposes of this 24 Section shall be enforceable immediately by the public safety 25 authority. 26 Section 5-15. Information sharing. 27 (1) Whenever the public safety authority or other State 28 or local government agency learns of a case of a reportable 29 illness or health condition, an unusual cluster, or a 30 suspicious event that may be the case of a public health 31 emergency, it shall immediately notify the public health 32 authority. 33 (2) Whenever the public health authority learns of a -13- LRB9213158REdv 1 case of a reportable illness or health condition, an unusual 2 cluster, or a suspicious event that it reasonably believes 3 has the potential to be caused by bioterrorism, it must 4 immediately notify the public safety authority, tribal 5 authorities, and federal health and public safety 6 authorities. 7 (3) Sharing of information on reportable illnesses, 8 health conditions, unusual clusters, or suspicious events 9 between public health and safety authorities shall be 10 restricted to information necessary for the treatment, 11 control, investigation, and prevention of a public health 12 emergency. 13 ARTICLE 10. DECLARING STATE OF PUBLIC HEALTH EMERGENCY 14 Section 10-5. Declaration. A state of public health 15 emergency may be declared by the Governor upon an occurrence 16 of a public health emergency as defined in Section 1-15. 17 Before making the declaration, the Governor shall consult 18 with the public health authority and may consult with any 19 additional public health and other experts as needed. The 20 Governor may act to declare a public health emergency without 21 consulting with the public health authority or other experts 22 when the situation calls for prompt and timely action. 23 Section 10-10. Content of declaration. A state of public 24 health emergency shall be declared by an executive order that 25 specifies: 26 (a) the nature of the public health emergency; 27 (b) the political subdivisions or geographic areas 28 subject to the declaration; 29 (c) the conditions that have brought about the public 30 health emergency; 31 (d) the duration of the state of the public health -14- LRB9213158REdv 1 emergency, if less than 30 days; and 2 (e) the primary public health authority responding to 3 the emergency. 4 Section 10-15. Effect of declaration. The declaration of 5 a state of public health emergency shall activate the 6 disaster response and recovery aspects of the State, local, 7 and inter-jurisdictional disaster emergency plans in the 8 affected political subdivisions or geographic areas. The 9 declaration authorizes the deployment and use of any forces 10 to which the plans apply and the use or distribution of any 11 supplies, equipment, and materials and facilities assembled, 12 stockpiled, or available under this Act. 13 (1) Emergency powers. During a state of public health 14 emergency, the Governor may: 15 (a) Suspend the provisions of any regulatory 16 statute prescribing procedures for conducting State 17 business, or the orders, rules, and regulations of any 18 State agency, if strict compliance would prevent, hinder, 19 or delay necessary action (including emergency purchases) 20 by the public health authority to respond to the public 21 health emergency and increase the health threat to the 22 population. 23 (b) Use all available resources of the State 24 government and its political subdivisions, as reasonably 25 necessary to respond to the public health emergency. 26 (c) Transfer the direction, personnel, or functions 27 of State departments and agencies to perform or 28 facilitate response and recovery programs regarding the 29 public health emergency. 30 (d) Mobilize all or any part of the Illinois 31 National Guard into service of the State. An order 32 directing the Illinois National Guard to report for 33 active duty shall state the purpose for which it is -15- LRB9213158REdv 1 mobilized and the objectives to be accomplished. 2 (e) Provide aid to and seek aid from other states 3 in accordance with any interstate emergency compact made 4 with this State. 5 (f) Seek aid from the federal government in 6 accordance with federal programs or requirements. 7 (2) Coordination. The public health authority shall 8 coordinate all matters pertaining to the public health 9 emergency response of the State. The public health authority 10 has primary jurisdiction, responsibility, and authority for: 11 (a) Planning and executing public health emergency 12 assessment, mitigation, preparedness response, and 13 recovery for the State. 14 (b) Coordinating public health emergency response 15 between State and local authorities. 16 (c) Collaborating with relevant federal government 17 authorities, elected officials of other states, or 18 private organizations or companies. 19 (d) Coordinating recovery operations and mitigation 20 initiatives subsequent to public health emergencies. 21 (e) Organizing public information activities 22 regarding public health emergency response operations. 23 (3) Identification. After the declaration of a state of 24 public health emergency, special identification for all 25 public health personnel working during the emergency shall be 26 issued as soon as possible. The identification shall indicate 27 the authority of the bearer to exercise public health 28 functions and emergency powers during the state of public 29 health emergency. Public health personnel shall wear the 30 identification in plain view. 31 Section 10-20. Enforcement. During a state of public 32 health emergency, the public health authority may request 33 assistance in enforcing orders under this Act from the public -16- LRB9213158REdv 1 safety authority. The public safety authority may request 2 assistance from the Illinois National Guard in enforcing the 3 orders of the public health authority. 4 Section 10-25. Termination of declaration. 5 (1) Executive order. The Governor shall terminate the 6 state of public health emergency by executive order upon 7 finding that the occurrence of an illness or health condition 8 that caused the emergency no longer poses a high probability 9 of a large number of deaths in the affected population, a 10 large number of incidents of permanent or long-term 11 disability in the affected population, or a significant risk 12 of substantial future harm to a large number of people in the 13 affected population. 14 (2) Automatic termination. Notwithstanding any other 15 provision of this Act, the declaration of a state of public 16 health emergency shall be terminated automatically 30 days 17 unless renewed by the Governor under the same standards and 18 procedures set forth in this Article. Any such renewal shall 19 also be terminated automatically after 30 days unless renewed 20 by the Governor under the same standards and procedures set 21 forth in this Article. 22 (3) State legislature. By adopting a joint resolution by 23 a majority vote of both chambers, the General Assembly may 24 terminate a state of public health emergency at any time from 25 the date of original declaration upon finding that the 26 occurrence of an illness or health condition that caused the 27 emergency does not or no longer poses a high probability of a 28 large numbers of deaths in the affected population, a large 29 number of incidents of serious permanent or long-term 30 disability in the affected population, or a significant risk 31 of substantial future harm to a large number of people in the 32 affected population. Termination by the General Assembly 33 overrides any renewal by the Governor. -17- LRB9213158REdv 1 (4) Content of termination order. All orders terminating 2 the declaration of a state of public health emergency shall 3 indicate the nature of the emergency, the areas that were 4 threatened, and the conditions that make possible the 5 termination of the declaration. 6 ARTICLE 15. SPECIAL POWERS DURING STATE OF PUBLIC 7 HEALTH EMERGENCY; MANAGEMENT OF PROPERTY 8 Section 15-5. Emergency measures concerning facilities 9 and materials. The public health authority may exercise, for 10 such period as the state of public health emergency exists, 11 the following powers over facilities or materials: 12 (1) Facilities. To close, direct and compel the 13 evacuation of, or to decontaminate or cause to be 14 decontaminated any facility of which there is reasonable 15 cause to believe that it may endanger the public health. 16 (2) Materials. To decontaminate, cause to be 17 decontaminated, or destroy any material of which there is 18 reasonable cause to believe that it may endanger the public 19 health. 20 Section 15-10. Access to and control of facilities and 21 property; generally. The public health authority may 22 exercise, for such period as the state of public health 23 emergency exists, the following powers concerning facilities, 24 materials, roads, or public areas: 25 (1) Use of facilities and materials. To procure, by 26 condemnation (including quick-take under Article VII of the 27 Code of Civil Procedure) or otherwise, construct, lease, 28 transport, store, maintain, renovate, or distribute materials 29 and facilities as may be reasonable and necessary to respond 30 to a public health emergency, with the right to take 31 immediate possession. These materials and facilities include, -18- LRB9213158REdv 1 but are not limited to, communication devices, carriers, real 2 estate, fuels, food, and clothing. 3 (2) Use of health care facilities. To require a health 4 care facility to provide services or the use of its facility 5 if those services or use are reasonable and necessary to 6 respond to the public health emergency as a condition of 7 licensure, authorization, or the ability to continue doing 8 business in the State as a health care facility. The use of 9 the health care facility may include transferring the 10 management and supervision of the health care facility to the 11 public health authority for a limited or unlimited period of 12 time, but shall not exceed the termination of the declaration 13 of a state of public health emergency. 14 (3) Control of materials. To control, restrict, and 15 regulate by rationing and using quotas, prohibitions on 16 shipments, allocation, or other means, the use, sale, 17 dispensing, distribution, or transportation of food, fuel, 18 clothing, and other commodities, as may be reasonable and 19 necessary to respond to the public health emergency. 20 (4) Control of roads and public areas. 21 (a) To prescribe routes, modes of transportation, 22 and destinations in connection with evacuation of persons 23 or the provision of emergency services. 24 (b) To control or limit ingress and egress to and 25 from any stricken or threatened public area, the movement 26 of persons within the area, and the occupancy of premises 27 in that area, if that action is reasonable and necessary 28 to respond to the public health emergency. 29 Section 15-15. Safe disposal of infectious waste. The 30 public health authority may exercise, for such period as the 31 state of public health emergency exists, the following powers 32 regarding the safe disposal of infectious waste: 33 (1) Adopt measures. To adopt and enforce measures to -19- LRB9213158REdv 1 provide for the safe disposal of infectious waste as may be 2 reasonable and necessary to respond to the public health 3 emergency. These measures may include, but are not limited 4 to, the collection, storage, handling, destruction, 5 treatment, transportation, and disposal of infectious waste. 6 (2) Control of facilities. To require any business or 7 facility authorized to collect, store, handle, destroy, 8 treat, transport, and dispose of infectious waste under the 9 laws of this State, and any landfill business or other such 10 property, to accept infectious waste, or provide services or 11 the use of the business, facility, or property if that action 12 is reasonable and necessary to respond to the public health 13 emergency as a condition of licensure, authorization, or the 14 ability to continue doing business in the State as such a 15 business or facility. The use of the business, facility, or 16 property may include transferring the management and 17 supervision of the business, facility, or property to the 18 public health authority for a limited or unlimited period of 19 time, but shall not exceed the termination of the declaration 20 of a state of public health emergency. 21 (3) Use of facilities. To procure, by condemnation 22 (including quick-take under Article VII of the Code of Civil 23 Procedure) or otherwise, any business or facility authorized 24 to collect, store, handle, destroy, treat, transport, and 25 dispose of infectious waste under the laws of this State and 26 any landfill business or other property as may be reasonable 27 and necessary to respond to the public health emergency, with 28 the right to take immediate possession. 29 (4) Identification. All bags, boxes, or other containers 30 for infectious waste shall be clearly identified as 31 containing infectious waste and, if known, the type of 32 infectious waste. 33 Section 15-20. Safe disposal of human remains. The public -20- LRB9213158REdv 1 health authority may exercise, for such period as the state 2 of public health emergency exists, the following powers 3 regarding the safe disposal of human remains: 4 (1) Adopt measures. To adopt and enforce measures to 5 provide for the safe disposal of human remains as may be 6 reasonable and necessary to respond to the public health 7 emergency. These measures may include, but are not limited 8 to, the embalming, burial, cremation, interment, 9 disinterment, transportation, and disposal of human remains. 10 (2) Possession. To take possession or control of any 11 human remains. 12 (3) Disposal. To order the disposal of any human remains 13 of a person who has died of a contagious disease through 14 burial or cremation within 24 hours after death. To the 15 extent possible, religious, cultural, family, and individual 16 beliefs of the deceased person or his or her family shall be 17 considered when disposing of any human remains. 18 (4) Control of facilities. To require any business or 19 facility authorized to embalm, bury, cremate, inter, 20 disinter, transport, and dispose of human remains under the 21 laws of this State to accept any human remains or provide the 22 use of its business or facility if those actions are 23 reasonable and necessary to respond to a public health 24 emergency. The use of the business or facility may include 25 transferring the management and supervision of the business 26 or facility to the public health authority for a limited or 27 unlimited period of time, but shall not exceed the 28 termination of the declaration of a state of public health 29 emergency. 30 (5) Use of facilities. To procure, by condemnation 31 (including quick-take under Article VII of the Code of Civil 32 Procedure) or otherwise, any business or facility authorized 33 to embalm, bury, cremate, inter, disinter, transport, and 34 dispose of human remains under the laws of this State as may -21- LRB9213158REdv 1 be reasonable and necessary to respond to a public health 2 emergency, with the right to take immediate possession. 3 (6) Labeling. Every human remains prior to disposal 4 shall be clearly labeled with all available information to 5 identify the decedent and the circumstances of death. Any 6 human remains of a deceased person with a contagious disease 7 shall have an external, clearly visible tag indicating that 8 the human remains are infected and, if known, the contagious 9 disease. 10 (7) Identification. Every person in charge of disposing 11 of any human remains shall maintain a written or electronic 12 record of each human remains and all available information to 13 identify the decedent and the circumstances of death and 14 disposal. If a human remains cannot be identified before 15 disposal, a qualified person shall, to the extent possible, 16 take fingerprints and photographs of the human remains, 17 obtain identifying dental information, and collect a DNA 18 specimen. All information gathered under this paragraph shall 19 be promptly forwarded to the public health authority. 20 Section 15-25. Control of health care supplies. 21 (1) Procurement. The public health authority may 22 purchase and distribute anti-toxins, serums, vaccines, 23 immunizing agents, antibiotics, and other pharmaceutical 24 agents or medical supplies that it deems advisable in the 25 interest of preparing for or controlling a public health 26 emergency, without any additional legislative authorization. 27 (2) Rationing. If a state of public health emergency 28 results in a statewide or regional shortage or threatened 29 shortage of any product covered by item (1), whether or not 30 that product has been purchased by the public health 31 authority, the public health authority may control, restrict, 32 and regulate by rationing and using quotas, prohibitions on 33 shipments, allocation, or other means, the use, sale, -22- LRB9213158REdv 1 dispensing, distribution, or transportation of the relevant 2 product necessary to protect the health, safety, and welfare 3 of the people of the State. 4 (2.5) Priority. In making rationing or other supply and 5 distribution decisions, the public health authority may give 6 preference to health care providers, disaster response 7 personnel, and mortuary staff. 8 (3) Distribution. During a state of public health 9 emergency, the public health authority may procure, store, or 10 distribute any anti-toxins, serums, vaccines, immunizing 11 agents, antibiotics, and other pharmaceutical agents or 12 medical supplies located within the State as may be 13 reasonable and necessary to respond to a public health 14 emergency, with the right to take immediate possession. If a 15 public health emergency simultaneously affects more than one 16 state, nothing in this Section shall be construed to allow 17 the public health authority to obtain anti-toxins, serums, 18 vaccines, immunizing agents, antibiotics, and other 19 pharmaceutical agents or medical supplies for the primary 20 purpose of hoarding those items or preventing their fair and 21 equitable distribution among affected states. 22 Section 15-30. Compensation. The State shall pay just 23 compensation to the owner of any facilities or materials that 24 are lawfully taken or appropriated by a public health 25 authority for its temporary or permanent use under this 26 Article according to the procedures and standards set forth 27 in Section 35-25. Compensation shall not be provided for 28 facilities or materials that are closed, evacuated, 29 decontaminated, or destroyed when there is reasonable cause 30 to believe that they may endanger the public health pursuant 31 to Section 15-5. 32 Section 15-35. Destruction of property. To the extent -23- LRB9213158REdv 1 practical and consistent with the protection of public 2 health, before the destruction of any property under this 3 Article, the public health authority shall institute 4 appropriate civil proceedings against the property to be 5 destroyed in accordance with the existing laws and rules of 6 the courts of this State or any such rules that may be 7 developed by the courts for use during a state of public 8 health emergency. Any property acquired by the public health 9 authority through those proceedings shall, after entry of the 10 order or decree, be disposed of by destruction as the court 11 may direct. 12 ARTICLE 20. SPECIAL POWERS DURING A STATE OF PUBLIC 13 HEALTH EMERGENCY; PROTECTION OF PERSONS 14 Section 20-5. Protection of persons. During a state of 15 public health emergency, the public health authority shall 16 use every available means to prevent the transmission of 17 infectious disease and to ensure that all cases of contagious 18 disease are subject to proper control and treatment. 19 Section 20-10. Medical examination and testing. During a 20 state of public health emergency the public health authority 21 may perform physical examinations and tests as necessary for 22 the diagnosis or treatment of individuals. 23 (a) Medical examinations or tests may be performed by 24 any qualified person authorized to do so by the public health 25 authority. 26 (b) Medical examinations or tests must not be such as 27 are reasonably likely to lead to serious harm to the affected 28 individual. 29 (c) The public health authority may isolate or 30 quarantine, pursuant to Section 20-15, any person whose 31 refusal of medical examination or testing results in -24- LRB9213158REdv 1 uncertainty regarding whether he or she has been exposed to 2 or is infected with a contagious or possibly contagious 3 disease or otherwise poses a danger to public health. 4 Section 20-12. Vaccination and treatment. During a state 5 of public health emergency the public health authority may 6 exercise the following emergency powers over persons as 7 necessary to address the public health emergency: 8 (a) Vaccination. To vaccinate persons as protection 9 against infectious disease and to prevent the spread of 10 contagious or possibly contagious disease. 11 (1) Vaccination may be performed by any qualified 12 person authorized to do so by the public health 13 authority. 14 (2) A vaccine to be administered must not be such 15 as is reasonably likely to lead to serious harm to the 16 affected individual. 17 (3) To prevent the spread of contagious or possibly 18 contagious disease the public health authority may 19 isolate or quarantine, pursuant to Section 20-15, persons 20 who are unable or unwilling for reasons of health, 21 religion, or conscience to undergo vaccination pursuant 22 to this Section. 23 (b) Treatment. To treat persons exposed to or infected 24 with disease. 25 (1) Treatment may be administered by any qualified 26 person authorized to do so by the public health 27 authority. 28 (2) Treatment must not be such as is reasonably 29 likely to lead to serious harm to the affected 30 individual. 31 (3) To prevent the spread of contagious or possibly 32 contagious disease the public health authority may 33 isolate or quarantine, pursuant to Section 20-15, persons -25- LRB9213158REdv 1 who are unable or unwilling for reasons of health, 2 religion, or conscience to undergo treatment pursuant to 3 this Section. 4 Section 20-15. Isolation and quarantine. 5 (a) Authorization. During the public health emergency, 6 the public health authority may isolate (consistent with the 7 definition of "isolation" in Section 1-15) or quarantine 8 (consistent with the definition of quarantine in Section 9 1-15) an individual or groups of individuals. This includes 10 individuals or groups who have not been vaccinated, treated, 11 tested, or examined pursuant to Sections 20-10 and 20-12. 12 The public health authority may also establish and maintain 13 places of isolation and quarantine, and set rules and make 14 orders. Failure to obey these rules, orders, or provisions 15 shall constitute a Class A misdemeanor. 16 (b) Conditions and principles. The public health 17 authority shall adhere to the following conditions and 18 principles when isolating or quarantining individuals or 19 groups of individuals: 20 (1) Isolation and quarantine must be by the least 21 restrictive means necessary to prevent the spread of a 22 contagious or possibly contagious disease to others and 23 may include, but are not limited to, confinement to 24 private homes or other private and public premises. 25 (2) Isolated individuals must be confined 26 separately from quarantined individuals. 27 (3) The health status of isolated and quarantined 28 individuals must be monitored regularly to determine if 29 they require isolation or quarantine. 30 (4) If a quarantined individual subsequently 31 becomes infected or is reasonably believed to have become 32 infected with a contagious or possibly contagious disease 33 he or she must promptly be removed to isolation. -26- LRB9213158REdv 1 (5) Isolated and quarantined individuals must be 2 immediately released when they pose no substantial risk 3 of transmitting a contagious or possibly contagious 4 disease to others. 5 (6) The needs of persons isolated and quarantined 6 shall be addressed in a systematic and competent fashion, 7 including, but not limited to, providing adequate food, 8 clothing, shelter, means of communication with those in 9 isolation or quarantine and outside these settings, 10 medication, and competent medical care. 11 (7) Premises used for isolation and quarantine 12 shall be maintained in a safe and hygienic manner and be 13 designed to minimize the likelihood of further 14 transmission of infection or other harms to persons 15 isolated and quarantined. 16 (8) To the extent possible, cultural and religious 17 beliefs should be considered in addressing the needs of 18 individuals and in establishing and maintaining isolation 19 and quarantine premises. 20 (c) Cooperation. Persons subject to isolation or 21 quarantine shall obey the public health authority's rules and 22 orders and shall not go beyond the isolation or quarantine 23 premises. Failure to obey these provisions shall constitute a 24 Class A misdemeanor. 25 (d) Entry into isolation or quarantine premises. 26 (1) Authorized entry. The public health authority 27 may authorize physicians, health care workers, or others 28 access to individuals in isolation or quarantine as 29 necessary to meet the needs of isolated or quarantined 30 individuals. 31 (2) Unauthorized entry. No person, other than a 32 person authorized by the public health authority, shall 33 enter isolation or quarantine premises. Failure to obey 34 this provision shall constitute a Class A misdemeanor. -27- LRB9213158REdv 1 (3) Potential isolation or quarantine. Any person 2 entering an isolation or quarantine premises with or 3 without authorization of the public health authority may 4 be isolated or quarantined pursuant to this Section. 5 Section 20-20. Procedures for isolation and quarantine. 6 During a public health emergency, the isolation and 7 quarantine of an individual or groups of individuals shall be 8 undertaken in accordance with the following procedures. 9 (a) Temporary isolation and quarantine without notice. 10 (1) Authorization. The public health authority may 11 temporarily isolate or quarantine an individual or groups 12 of individuals through a written directive if delay in 13 imposing the isolation or quarantine would significantly 14 jeopardize the public health authority's ability to 15 prevent or limit the transmission of a contagious or 16 possibly contagious disease to others. 17 (2) Content of directive. The written directive 18 shall specify the following: (i) the identity of the 19 individuals or groups of individuals subject to isolation 20 or quarantine; (ii) the premises subject to isolation or 21 quarantine; (iii) the date and time at which isolation or 22 quarantine commences; (iv) the suspected contagious 23 disease if known; and (v) a copy of Article 6 and 24 relevant definitions of this Act. 25 (3) Copies. A copy of the written directive shall 26 be given to the individual to be isolated or quarantined 27 or, if the order applies to a group of individuals and it 28 is impractical to provide individual copies, it may be 29 posted in a conspicuous place in the isolation or 30 quarantine premises. 31 (4) Petition for continued isolation or quarantine. 32 Within 10 days after issuing the written directive, the 33 public health authority shall file a petition pursuant to -28- LRB9213158REdv 1 subsection (b) for a court order authorizing the 2 continued isolation or quarantine of the isolated or 3 quarantined individual or groups of individuals. 4 (b) Isolation or quarantine with notice. 5 (1) Authorization. The public health authority may 6 make a written petition to the trial court for an order 7 authorizing the isolation or quarantine of an individual 8 or groups of individuals. 9 (2) Content of petition. A petition under 10 subsection (b)(1) shall specify the following: (i) the 11 identity of the individuals or groups of individuals 12 subject to isolation or quarantine; (ii) the premises 13 subject to isolation or quarantine; (iii) the date and 14 time at which isolation or quarantine commences; (iv) the 15 suspected contagious disease if known; (v) a statement of 16 compliance with the conditions and principles for 17 isolation and quarantine of Section 20-15; and (vi) a 18 statement of the basis upon which isolation or quarantine 19 is justified in compliance with this Article. The 20 petition shall be accompanied by the sworn affidavit of 21 the public health authority attesting to the facts 22 asserted in the petition, together with any further 23 information that may be relevant and material to the 24 court's consideration. 25 (3) Notice. Notice to the individuals or groups of 26 individuals identified in the petition shall be 27 accomplished within 24 hours in accordance with the rules 28 of civil procedure. 29 (4) Hearing. A hearing must be held on any petition 30 filed pursuant to this subsection within 5 days after 31 filing of the petition. In extraordinary circumstances 32 and for good cause shown the public health authority may 33 apply to continue the hearing date on a petition filed 34 pursuant to this Section for up to 10 days, which -29- LRB9213158REdv 1 continuance the court may grant in its discretion giving 2 due regard to the rights of the affected individuals, the 3 protection of the public's health, the severity of the 4 emergency, and the availability of necessary witnesses 5 and evidence. 6 (5) Order. The court shall grant the petition if, 7 by a preponderance of the evidence, isolation or 8 quarantine is shown to be reasonably necessary to prevent 9 or limit the transmission of a contagious or possibly 10 contagious disease to others. 11 (i) An order authorizing isolation or 12 quarantine may do so for a period not to exceed 30 13 days. 14 (ii) The order shall (a) identify the isolated 15 or quarantined individuals or groups of individuals 16 by name or shared or similar characteristics or 17 circumstances; (b) specify factual findings 18 warranting isolation or quarantine pursuant to this 19 Act; (c) include any conditions necessary to ensure 20 that isolation or quarantine is carried out within 21 the stated purposes and restrictions of this Act; 22 and (d) be served on affected individuals or groups 23 of individuals in accordance with the rules of civil 24 procedure. 25 (6) Continuances. Prior to the expiration of an 26 order issued pursuant to subsection (b)(5), the public 27 health authority may move to continue isolation or 28 quarantine for additional periods not to exceed 30 days 29 each. The court shall consider the motion in accordance 30 with standards set forth in subsection (b)(5). 31 (c) Relief from isolation and quarantine. 32 (1) Release. An individual or group of individuals 33 isolated or quarantined pursuant to this Act may apply to 34 the trial court for an order to show cause why the -30- LRB9213158REdv 1 individual or group of individuals should not be 2 released. The court shall rule on the application to show 3 cause within 48 hours of its filing. If the court grants 4 the application, the court shall schedule a hearing on 5 the order to show cause within 24 hours from issuance of 6 the order to show cause. The issuance of an order to show 7 cause shall not stay or enjoin an isolation or quarantine 8 order. 9 (2) Remedies for breach of conditions. An 10 individual or groups of individuals isolated or 11 quarantined pursuant to this Act may request a hearing in 12 the trial court for remedies regarding breaches to the 13 conditions of isolation or quarantine. A request for a 14 hearing shall not stay or enjoin an isolation or 15 quarantine order. 16 (i) Upon receipt of a request under this 17 subsection alleging extraordinary circumstances 18 justifying the immediate granting of relief, the 19 court shall fix a date for hearing on the matters 20 alleged not more than 24 hours from receipt of the 21 request. 22 (ii) Otherwise, upon receipt of a request 23 under this subsection the court shall fix a date for 24 hearing on the matters alleged within 5 days from 25 receipt of the request. 26 (3) Extensions. In any proceedings brought for 27 relief under this subsection, in extraordinary 28 circumstances and for good cause shown the public health 29 authority may move the court to extend the time for a 30 hearing, which extension the court in its discretion may 31 grant giving due regard to the rights of the affected 32 individuals, the protection of the public's health, the 33 severity of the emergency, and the availability of 34 necessary witnesses and evidence. -31- LRB9213158REdv 1 (d) Proceedings. A record of the proceedings pursuant to 2 this Section shall be made and retained. In the event that, 3 given a state of public health emergency, parties can not 4 personally appear before the court, proceedings may be 5 conducted by their authorized representatives and be held via 6 any means that allows all parties to fully participate. 7 (e) Court to appoint counsel and consolidate claims. 8 (1) Appointment. The court shall appoint counsel at 9 State expense to represent individuals or groups of 10 individuals who are or who are about to be isolated or 11 quarantined pursuant to the provisions of this Act and 12 who are not otherwise represented by counsel. 13 Appointments shall be made in accordance with the 14 procedures to be specified in the Public Health Emergency 15 Plan and shall last throughout the duration of the 16 isolation or quarantine of the individual or groups of 17 individuals. The public health authority must provide 18 adequate means of communication between those individuals 19 or groups and their counsel. 20 (2) Consolidation. In any proceedings brought 21 pursuant to this Section, to promote the fair and 22 efficient operation of justice and having given due 23 regard to the rights of the affected individuals, the 24 protection of the public's health, the severity of the 25 emergency, and the availability of necessary witnesses 26 and evidence, the court may order the consolidation of 27 individual claims into group or claims where: 28 (i) the number of individuals involved or to 29 be affected is so large as to render individual 30 participation impractical; 31 (ii) there are questions of law or fact common 32 to the individual claims or rights to be determined; 33 (iii) the group claims or rights to be 34 determined are typical of the affected individuals' -32- LRB9213158REdv 1 claims or rights; and 2 (iv) the entire group will be adequately 3 represented in the consolidation. 4 Section 20-25. Collection of laboratory specimens; 5 performance of tests. The public health authority may, for 6 such period as the state of public health emergency exists, 7 collect specimens and perform tests on living persons as 8 provided in Section 20-10 and also upon deceased persons and 9 any animal, living or deceased, and acquire any previously 10 collected specimens or test results that are reasonable and 11 necessary to respond to a public health emergency. 12 (1) Marking. All specimens shall be clearly marked. 13 (2) Contamination. Specimen collection, handling, 14 storage, and transport to the testing site shall be performed 15 in a manner that will reasonably preclude specimen 16 contamination or adulteration and provide for the safe 17 collection, storage, handling, and transport of the specimen. 18 (3) Chain of custody. Any person authorized to collect 19 specimens or perform tests shall use chain of custody 20 procedures to ensure proper record keeping, handling, 21 labeling, and identification of specimens to be tested. This 22 requirement applies to all specimens, including specimens 23 collected using on-site testing kits. 24 (4) Criminal investigation. Recognizing that, during a 25 state of public health emergency, any specimen collected or 26 test performed may be evidence in a criminal investigation, 27 any business, facility, or agency authorized to collect 28 specimens or perform tests shall provide such support as is 29 reasonable and necessary to aid in a relevant criminal 30 investigation. 31 Section 20-30. Access and disclosure of protected health 32 information. -33- LRB9213158REdv 1 (1) Access. Access to protected health information of 2 persons who have participated in medical testing, treatment, 3 vaccination, isolation, or quarantine programs or efforts by 4 the public health authority during a public health emergency 5 shall be limited to those persons having a legitimate need to 6 acquire or use the information to: 7 (1) provide treatment to the individual who is the 8 subject of the health information; 9 (2) conduct epidemiologic research; or 10 (3) investigate the causes of transmission. 11 (2) Disclosure. Protected health information held by the 12 public health authority shall not be disclosed to others 13 without individual written, specific informed consent, except 14 for disclosures made: 15 (a) directly to the individual; 16 (b) to the individual's immediate family members or 17 personal representative; 18 (c) to appropriate federal agencies or authorities 19 pursuant to federal law; 20 (d) pursuant to a court order to avert a clear 21 danger to an individual or the public health; or 22 (e) to identify a deceased individual or determine 23 the manner or cause of death. 24 Section 20-35. Licensing and appointment of health 25 personnel. The public health authority may exercise, for such 26 period as the state of public health emergency exists, the 27 following emergency powers regarding licensing and 28 appointment of health personnel: 29 (0.5) Health care providers. To require in-state health 30 care providers to assist in the performance of vaccination, 31 treatment, examination, or testing of any individual as a 32 condition of licensure, authorization, or the ability to 33 continue to function as a health care provider in this State. -34- LRB9213158REdv 1 (1) Health care providers from other jurisdictions. To 2 appoint and prescribe the duties of such out-of-state 3 emergency health care providers as may be reasonable and 4 necessary to respond to a public health emergency. 5 (a) The appointment of out-of-state emergency 6 health care providers may be for a limited or unlimited 7 time, but shall not exceed the termination of the 8 declaration of a state of public health emergency. The 9 public health authority may terminate the out-of-state 10 appointments at any time or for any reason if the 11 termination will not jeopardize the health, safety, and 12 welfare of the people of this State. 13 (b) The public health authority may waive any or 14 all licensing requirements, permits, or fees required by 15 State statutes and applicable orders, rules, or 16 regulations for health care providers from other 17 jurisdictions to practice in this State. 18 (c) Any out-of-state emergency health care provider 19 appointed under this Section shall not be held liable for 20 any civil damages as a result of medical care or 21 treatment related to the emergency response unless the 22 damages result from providing, or failing to provide, 23 medical care or treatment under circumstances 24 demonstrating a reckless disregard for the consequences 25 so as to affect the life or health of the patient. 26 (2) Personnel to perform duties of medical examiner or 27 coroner. To authorize the medical examiner or coroner to 28 appoint and prescribe the duties of emergency assistant 29 medical examiners or coroners as may be required for the 30 proper performance of the duties of the office. 31 (a) The appointment of emergency assistant medical 32 examiners or coroners under this Section may be for a 33 limited or unlimited time, but shall not exceed the 34 termination of the declaration of a state of public -35- LRB9213158REdv 1 health emergency. The medical examiner or coroner may 2 terminate emergency appointments at any time or for any 3 reason if the termination will not impede the performance 4 of the duties of the office. 5 (b) The medical examiner or coroner may waive 6 licensing requirements, permits, or fees required by the 7 State statutes and applicable orders, rules, or 8 regulations for the performance of these duties. 9 (c) Any emergency assistant medical examiner or 10 coroner appointed under this Section and acting without 11 malice and within the scope of the prescribed duties is 12 immune from civil liability in the performance of those 13 duties. 14 ARTICLE 25. PUBLIC INFORMATION REGARDING PUBLIC 15 HEALTH EMERGENCY 16 Section 25-5. Dissemination of information. The public 17 health authority shall inform the people of the State when a 18 state of public health emergency has been declared or 19 terminated, how to protect themselves during a state of 20 public health emergency, and what actions are being taken to 21 control the emergency. 22 (1) Means of dissemination. The public health authority 23 shall provide information by all available and reasonable 24 means calculated to bring the information promptly to the 25 attention of the general public. 26 (2) Languages. If the public health authority has reason 27 to believe there are large numbers of people of the State who 28 lack sufficient skills in English to understand the 29 information, the public health authority shall make 30 reasonable efforts to provide the information in the primary 31 languages of those people as well as in English. 32 (3) Accessibility. The provision of information shall be -36- LRB9213158REdv 1 made in a manner accessible to individuals with disabilities. 2 Section 25-10. Access to mental health support personnel. 3 During and after the declaration of a state of public health 4 emergency, the public health authority shall provide 5 information about and referrals to mental health support 6 personnel to address psychological responses to the public 7 health emergency. 8 ARTICLE 35. MISCELLANEOUS 9 Section 35-5. Titles. For the purposes of this Act, 10 titles and subtitles of Articles, Sections, and subsections 11 are instructive, but not binding. 12 Section 35-10. Rules. The public health authority and 13 other affected agencies must adopt rules that are reasonable 14 and necessary to implement and effectuate this Act. The 15 public health authority and other affected agencies may 16 enforce the provisions of this Act through the imposition of 17 fines and penalties, the issuance of orders, and such other 18 remedies as are provided by law, but nothing in this Section 19 shall be construed to limit specific enforcement powers 20 enumerated in this Act. 21 Section 35-15. Financing and expenses. 22 (1) Transfer of funds. The Governor may transfer from 23 any fund available to the Governor in the State treasury such 24 sums as may be necessary during a public health emergency. 25 (2) Repayment. Moneys so transferred shall be repaid to 26 the fund from which they were transferred when moneys become 27 available for that purpose, by legislative appropriation or 28 otherwise. 29 (3) Conditions. A transfer of funds by the Governor -37- LRB9213158REdv 1 under the provisions of this Section may be made only when 2 one or more of the following conditions exist: 3 (a) No appropriation or other authorization is 4 available to meet the public health emergency. 5 (b) An appropriation is insufficient to meet the 6 public health emergency. 7 (c) Federal moneys available for such a public 8 health emergency require the use of State or other public 9 moneys. 10 (4) Expenses. All expenses incurred by the State during 11 a state of public health emergency shall be subject to the 12 following limitations: 13 (a) No expense shall be incurred against the moneys 14 authorized under this Section, without the approval of 15 the Governor. 16 (b) The aggregate amount of all expenses incurred 17 under the provisions of this Section shall not exceed 18 $50,000,000 for any fiscal year. 19 (c) Moneys authorized for a state of public health 20 emergency in prior fiscal years may be used in subsequent 21 fiscal years only for the public health emergency for 22 which they were authorized. Moneys authorized for a 23 public health emergency in prior fiscal years, and 24 expended in subsequent fiscal years for the public health 25 emergency for which they were authorized, apply toward 26 the $50,000,000 expense limit for the fiscal year in 27 which they were authorized. 28 Section 35-20. Liability. 29 (1) State immunity. Neither the State, its political 30 subdivisions, nor, except in cases of gross negligence or 31 willful misconduct, the Governor, the public health 32 authority, or any other State or local official referenced in 33 this Act, is liable for the death of or any injury to -38- LRB9213158REdv 1 persons, or damage to property, as a result of complying with 2 or attempting to comply with this Act or any rule adopted 3 under this Act during a state of public health emergency. 4 (2) Private liability. 5 (a) During a state of public health emergency, any 6 person owning or controlling real estate or other 7 premises who voluntarily and without compensation grants 8 a license or privilege, or otherwise permits the 9 designation or use of the whole or any part or parts of 10 that real estate or premises for the purpose of 11 sheltering persons, together with that person's 12 successors in interest, if any, is not civilly liable for 13 negligently causing the death of, or injury to, any 14 person on or about the real estate or premises under the 15 license, privilege, or other permission, or for 16 negligently causing loss of, or damage to, the property 17 of that person. 18 (b) During a state of public health emergency, any 19 private person, firm, or corporation and employees and 20 agents of that person, firm, or corporation in the 21 performance of a contract with, and under the direction 22 of, the State or its political subdivisions under this 23 Act is not civilly liable for causing the death of, or 24 injury to, any person or damage to any property except in 25 the event of gross negligence or willful misconduct. 26 (c) During a state of public health emergency, any 27 private person, firm, or corporation and employees and 28 agents of that person, firm, or corporation, who renders 29 assistance or advice at the request of the State or its 30 political subdivisions under this Act is not civilly 31 liable for causing the death of, or injury to, any person 32 or damage to any property except in the event of gross 33 negligence or willful misconduct. 34 (d) The immunities provided in this Section do not -39- LRB9213158REdv 1 apply to any private person, firm, or corporation or 2 employees and agents of that person, firm, or corporation 3 whose act or omission caused in whole or in part the 4 public health emergency and who would otherwise be liable 5 for that act or omission. 6 Section 35-25. Compensation. 7 (1) Taking. Compensation for property shall be made only 8 if private property is lawfully taken or appropriated by a 9 public health authority for its temporary or permanent use 10 during a state of public health emergency declared by the 11 Governor under this Act. 12 (2) Actions. Any action against the State with regard to 13 the payment of compensation shall be brought in the courts of 14 this State in accordance with existing court laws and rules, 15 or any such rules that may be developed by the courts for use 16 during a state of public health emergency. 17 (3) Amount. The amount of compensation shall be 18 calculated in the same manner as compensation due for taking 19 of property pursuant to non-emergency eminent domain 20 procedures, as provided in Article VII of the Code of Civil 21 Procedure, except that the amount of compensation calculated 22 for items obtained under Section 15-25 shall be limited to 23 the costs incurred to produce the item. 24 Section 35-30. Severability. The provisions of this Act 25 are severable under Section 1.31 of the Statute on Statutes. 26 Section 35-35. Saving clause. This Act does not 27 explicitly preempt other laws or regulations that preserve to 28 a greater degree the powers of the Governor or public health 29 authority, provided such laws or regulations are consistent, 30 and do not otherwise restrict or interfere, with the 31 operation or enforcement of the provisions of this Act. -40- LRB9213158REdv 1 Section 35-40. Conflicting laws. 2 (1) Federal supremacy. This Act does not restrict any 3 person from complying with federal law or regulations. 4 (2) Prior conflicting acts. To the extent of any 5 conflict between this Act and other State or local laws, 6 rules, or regulations concerning public health powers, the 7 provisions of this Act apply. 8 Section 35-50. Home rule. All units of local government, 9 including home rule units, and school districts must comply 10 with the provisions of this Act. All units of local 11 government, including home rule units, and school districts 12 must act in a manner consistent with the provisions of this 13 Act. This Act is a denial and limitation of home rule powers 14 and functions under subsection (i) of Section 6 of Article 15 VII of the Illinois Constitution. 16 ARTICLE 90. AMENDATORY PROVISIONS 17 Section 90-5. The State Mandates Act is amended by 18 adding Section 8.26 as follows: 19 (30 ILCS 805/8.26 new) 20 Sec. 8.26. Exempt mandate. Notwithstanding Sections 6 21 and 8 of this Act, no reimbursement by the State is required 22 for the implementation of any mandate created by the Illinois 23 Emergency Health Powers Act. 24 Section 90-10. The Code of Civil Procedure is amended by 25 adding Section 7-103.139 as follows: 26 (735 ILCS 5/7-103.139 new) 27 Sec. 7-103.139. Quick-take; public health emergencies. 28 Quick-take proceedings under Section 7-103 may be used as -41- LRB9213158REdv 1 provided in the Illinois Emergency Health Powers Act. 2 ARTICLE 99. EFFECTIVE DATE 3 Section 99-1. Effective date. This Act takes effect upon 4 becoming law.
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