Public Act 90-0607 of the 90th General Assembly

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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.

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