AUTHORITY: Implementing and authorized by Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100/5-15] and Section 2310-195 of the Department of Public Health Powers and Duties Law [20 ILCS 2310/2310-195], and Section 2 of the Department of Public Health Act [20 ILCS 2305/2].

SOURCE: Adopted at 2 Ill. Reg. 41, p. 71, effective October 14, 1978; codified at 8 Ill. Reg. 15934; amended at 10 Ill. Reg. 15232, effective September 8, 1986; amended at 13 Ill. Reg. 20065, effective December 7, 1989; amended at 24 Ill. Reg. 86, effective December 15, 1999; amended at 24 Ill. Reg. 2709, effective February 15, 2000; amended at 24 Ill. Reg. 4964, effective March 20, 2000; amended at 26 Ill. Reg. 11224, effective July 9, 2002; amended at 47 Ill. Reg. 2410, effective February 6, 2023.

SUBPART A: PUBLIC INFORMATION

 

Section 1125.10  Text of Rules

 

The text of the Department's Public Information rules can be found in its Access to Records of the Department of Public Health rules (2 Ill. Adm. Code 1127).

 

(Source:  Amended at 47 Ill. Reg. 2410, effective February 6, 2023)

SUBPART B: RULEMAKING

 

Section 1125.110  Authority − Applicability of Rules

 

This Part is adopted under Section 5-145 of the Illinois Administrative Procedure Act [5 ILCS 100/5-145]. This Part governs the form of Petitions for the adoption of rules that are submitted to the Illinois Department of Public Health and the submission, consideration and disposition of these Petitions.

 

(Source:  Amended at 24 Ill. Reg. 2709, effective February 15, 2000)

 

Section 1125.120  Right to Petition

 

Any interested person may petition the Illinois Department of Public Health ( "Department") requesting the promulgation, amendment, or repeal of a rule  (Section 5-145(b) of the Act). The Petitions must be in compliance with this Part.

 

(Source:  Amended at 24 Ill. Reg. 86, effective December 15, 1999)

 

Section 1125.130  Form of Petitions

 

a)         All Petitions requesting the promulgation, amendment, or repeal of a rule must be submitted to the Department in writing.  Each Petition shall contain the following:

 

1)         the name of the individual or entity petitioning the Department, or if the individual is petitioning the Department on behalf of another individual or entity, then the name of both the Petitioner and the individual on whose behalf the Petition is being filed;

 

2)         the complete mailing address that the Department should use in directing its response to the Petition;

 

3)         a statement of the particular relevant interest of the petitioner or of the individual on whose behalf the Petition is being filed;

 

4)         the rule(s) that the Petitioner desires the Department to repeal or to revise, and, if the Petition is for an amendment, a clear statement of the desired change(s);

 

5)         if the Petition is for the adoption of a rule(s), a statement in as much detail as possible, of the proposed text and nature of the desired rule(s); and,

 

6)         a statement detailing the reasons and basis for the Petition, including any appropriate references.

 

b)         A model of the form of the Petition that requests the information required under subsection (a) is incorporated into this Part as Appendix A. Copies of this Petition form may be obtained by contacting any office of the Department.

 

(Source:  Amended at 24 Ill. Reg. 86, effective December 15, 1999)

 

Section 1125.140  Submission of Petitions

 

All Petitions must be submitted in duplicate to the following address:

 

Office of the Director

Department of Public Health

535 W. Jefferson St.

Springfield, Ill. 62761

 

(Source:  Amended at 24 Ill. Reg. 86, effective December 15, 1999)

 

Section 1125.150  Consideration and Disposition of Petitions

 

a)         Petitions submitted under this Part will be given due consideration by the Department; the final decision on whether or not to initiate rule-making in accordance with the Petition will be made by the appropriate Deputy Director or by the Director.

 

b)         If, within 30 days after submission of a Petition, the Department has not initiated rule-making proceedings in accordance with Section 5-35 of the Illinois Administrative Procedure Act, the request shall be deemed to have been denied  (Section 5-145(b) of the Act). The Department is not then precluded, however, from later initiating rule-making proceedings that are in accordance with the Petition, in which case the Department may notify the Petitioner for informational purposes that this action will be taken.

 

c)         In cases of Petition denial, or in cases in which rule-making is initiated in response to the Petition but constitutes an action in some way different from that which the Petition requested, the Department will, within a reasonable time after its decision, notify the individual identified in the Petition of its decision.

 

(Source:  Amended at 24 Ill. Reg. 86, effective December 15, 1999)

 

Section 1125.160  Responsibility

 

a)         The Division of Governmental Affairs oversees all activities involved in the preparation of rules within the Department of Public Health.  The Division of Governmental Affairs will be responsible for submission of rules to the Secretary of State for publishing and to the Joint Committee on Administrative Rules for review, as well as for all contacts with those entities.

 

b)         The official Department files and records concerning rules of the Department of Public Health will be maintained by the Division of Governmental Affairs.

 

c)         Responsibility for drafting the text of proposed rules shall rest with the appropriate Deputy Director(s) or Senior Staff and reviewed and approved by the Division of Legal Services.  Before filing, all rules will be reviewed by the Division of Governmental Affairs and approved by the Director.

 

(Source:  Amended at 47 Ill. Reg. 2410, effective February 6, 2023)

 

Section 1125.170  Schedule for Rulemaking

 

a)         Rules implementing new laws will be prepared within a timeframe developed by the Division of Governmental Affairs in consultation with the appropriate Deputy Director(s) or Senior Staff.  This timeframe may vary depending upon the extent of the rules involved as well as statutorily required timeframes.  Rules will generally be prepared for all new programs, regardless of the availability of funds to implement the program.

 

b)         Regulatory changes proposed by program staff (not in response to new legislation) shall be prepared and submitted to the Division of Governmental Affairs on a quarterly basis.  All proposed amendments to the same Part shall be consolidated by program staff into one rulemaking per quarter unless approved to be severed or severed into two or more rulemakings by the Division.  Proposed amendments received on or before the beginning of a quarter (January 1, April 1, July 1, or October 1) will be prepared by the Division for filing during that quarter.  If the proposed amendment is received after the beginning of a quarter, it will be held until the start of the next quarter.

 

c)         The provisions of subsection (b) of this Section may be waived by the Chief of the Division of Governmental Affairs if he or she determines that:

 

1)         a proposed amendment qualifies as an emergency or peremptory rule as those terms are defined in Sections 5-45 and 5-50 of the Illinois Administrative Procedure Act [5 ILCS 100/5-45 and 5-50]; or

 

2)         a waiver is in the best interest of the Department in promoting more effective program management.

 

(Source:  Amended at 47 Ill. Reg. 2410, effective February 6, 2023)

 

Section 1125.180  Public Comment − Hearings

 

a)         Written comments shall be designated as the proper public response to proposed rules unless a hearing is statutorily required or determined appropriate by the Division of Governmental Affairs in consultation with program staff.

 

b)         The Division of Governmental Affairs shall be responsible for conducting all public hearings with regard to changes in rules.  The hearings shall be held during the first 45-day period following the publication of proposed rules in the Illinois Register.  A summary of the public hearing shall be prepared by the Division of Governmental Affairs.

 

(Source:  Amended at 47 Ill. Reg. 2410, effective February 6, 2023)

 

Section 1125.190  Boards

 

a)         The Department utilizes legislatively mandated or created by executive authority boards, commissions, committees, or councils ("boards") for assistance in the preparation of proposed rules and proposed amendments to the rules.  Any review of proposed rulemaking by a board must be conducted within the time parameters established by the Division of Governmental Affairs.

 

b)         The Departmental boards advise the Department regarding rulemakings or have the statutory authority to approve rules. The Department’s website regarding boards includes but is not limited to boards with rulemaking duties or authority and is available at:  https://dph.illinois.gov/resource-center/advisory-boards.html.

 

c)         Division of Governmental Affairs shall submit proposed rulemakings to the boards for review by or approval from these boards prior to the submission by the Division of the proposed rulemakings for filing.

 

(Source:  Amended at 47 Ill. Reg. 2410, effective February 6, 2023)

 

Section 1125.200  Administrative Rules of the Department

 

The following Departmental and related rules are available at https://ilga.gov/commission/jcar/admincode/titles.html:

 

a)         2 Illinois Administrative Code

 

Part 1125         Public Information, Rulemaking, and Organization Code

 

Part 1127         Access to Records of the Department of Public Health

 

b)         68 Illinois Administrative Code

 

Part 750           Plumbers Licensing Code

 

c)         77 Illinois Administrative Code

 

Part 100           Practice and Procedure in Administrative Hearings

 

Part 150           Resources

 

Part 190           Grant Payments for Goods/Services Rendered in Prior Fiscal Years

 

Part 205           Ambulatory Surgical Treatment Center Licensing Requirements

 

Part 210           Postsurgical Recovery Care Center Demonstration Program Code

 

Part 215           Regional Poison Control Center Code

 

Part 220           Community-Based Residential Rehabilitation Center Demonstration Program Code

 

Part 225           Alzheimer's Disease Management Center Demonstration Program Code

 

Part 230           Health Care Facility and Program Initial Certification Fee Code

 

Part 235           Adverse Health Care Events Reporting Code

 

Part 240           Health Maintenance Organizations Code

 

Part 245           Home Health, Home Services, and Home Nursing Agency Code

 

Part 250           Hospital Licensing Requirements

 

Part 251           University of Illinois Hospital Infection Control Code

 

Part 255           Hospital Report Card Code

 

Part 260           Children's Community-Based Health Care Center Demonstration Program Code

 

Part 265           Birth Center Demonstration Program Code

 

Part 270           Subacute Care Hospital Demonstration Program Code

 

Part 280           Hospice Programs

 

Part 295           Assisted Living and Shared Housing Establishment Code

 

Part 300           Skilled Nursing and Intermediate Care Facilities Code

 

Part 330           Sheltered Care Facilities Code

 

Part 340           Illinois Veterans' Homes Code

 

Part 350           Intermediate Care for the Developmentally Disabled Facilities Code

 

Part 370           Community Living Facilities Code

 

Part 385           Supportive Residences Licensing Code

 

Part 389           Authorized Electronic Monitoring in Long-Term Care Facilities Code

 

Part 390           Medically Complex for the Developmentally Disabled Facilities Code

 

Part 395           Long-Term Care Assistants and Aides Training Programs Code

 

Part 396           Life Care Facilities Contract Code

 

Part 400           Central Complaint Registry

 

Part 420           Implementation of Titles XVIII and XIX of the Social Security Act Relating to Skilled Nursing and Intermediate Care Facilities

 

Part 425           Civil Money Penalty Reinvestment Program

 

Part 450           Illinois Clinical Laboratories Code

 

Part 465           Certification and Operation of Environmental Laboratories

 

Part 470           Sperm Bank and Tissue Bank Code

 

Part 475           Laboratory Service Fees

 

Part 500           Illinois Vital Records Code

 

Part 505           Pregnancy Termination Report Code

 

Part 515           Emergency Medical Services, Trauma Center, Comprehensive Stroke Center, Primary Stroke Center and Acute Stroke Ready Hospital Code

 

Part 518           Freestanding Emergency Center Code

 

Part 520           The Treatment of Choking Victims

 

Part 525           Automated External Defibrillator Code

 

Part 527           Physical Fitness Facility Medical Emergency Preparedness Code

 

Part 530           Heartsaver AED Grant Code

 

Part 545           Sexual Assault Survivors Emergency Treatment Code

 

Part 547           Regional Ambulance Services Code

 

Part 550           Head and Spinal Cord Injury Code

 

Part 560           Violent Injury Reporting Code

 

Part 570           Spinal Cord Injury Paralysis Cure Research Code

 

Part 577           Psychiatry Incentive Program Code

 

Part 580           Loan Repayment Assistance for Dentists

 

Part 581           Loan Repayment Assistance for Physicians

 

Part 582           Student Loan Repayment Program Code

 

Part 590           Underserved Physician Workforce Code

 

Part 591           Visa Waiver Program for International Medical Graduates

 

Part 592           The Dental Student Grant Code

 

Part 593           Podiatric Scholarship and Residency Programs Code

 

Part 594           Distribution of Medical Student Scholarship Payback Funds

 

Part 596           Illinois Rural Health Code

 

Part 597           Nursing Education Scholarships

 

Part 598           Allied Health Care Professional Assistance Code

 

Part 600           Certified Local Health Department Code

 

Part 610           Local Health Department Development Grant Rules

 

Part 615           Local Health Protection Grant Code

 

Part 630           Maternal and Child Health Services Code

 

Part 635           Family Planning Services Code

 

Part 640           Regionalized Perinatal Health Care Code

 

Part 641           School-Based/Linked Health Centers

 

Part 655           Problem Pregnancy Health Services and Care Projects

 

Part 657           Maternal Death Review

 

Part 661           Newborn Metabolic Screening and Treatment Code

 

Part 664           Socio-Emotional and Developmental Screening

 

Part 665           Child and Student Health Examination and Immunization Code

 

Part 670           Voter Registration for WIC Applicants and Participants

 

Part 672           WIC Vendor Management Code

 

Part 675           Hearing Screening

 

Part 682           Hearing Instrument Consumer Protection Code

 

Part 684           Illinois Eyeglasses and Sunglasses Frames and Lenses Act

 

Part 685           Vision Screening

 

Part 689           Immunization Registry Code

 

Part 690           Control of Communicable Diseases Code

 

Part 691           African-American HIV/AIDS Response Code

 

Part 692           AIDS Drug Assistance Program

 

Part 693           Control of Sexually Transmissible Infections Code

 

Part 694           College Immunization Code

 

Part 696           Control of Tuberculosis Code

 

Part 697           HIV/AIDS Confidentiality and Testing Code

 

Part 698           Pertussis Vaccine Pamphlet Code

 

Part 699           Perinatal HIV Prevention Code

 

Part 710           Illinois Alzheimer's Disease and Related Disorders Assistance Code

 

Part 720           Food, Drug and Cosmetic Act

 

Part 725           Salvage Warehouses and Stores for Foods, Alcoholic Liquors, Drugs, Medical Devices and Cosmetics Code

 

Part 730           Manufacturing, Processing, Packing or Holding of Food Code

 

Part 743           Sanitary Vending of Food and Beverages

 

Part 750           Food Code

 

Part 775           Grade A Pasteurized Milk and Milk Products

 

Part 785           Manufactured Dairy Products

 

Part 790           Illinois Formulary for the Drug Product Selection Program

 

Part 795           Tanning Facilities Code

 

Part 797           Body Art Code

 

Part 800           Recreational Area Code

 

Part 810           Youth Camp Code

 

Part 820           Swimming Facility Code

 

Part 830           Structural Pest Control Code

 

Part 840           Health and Hazardous Substances Registry Code

 

Part 845           Lead Poisoning Prevention Code

 

Part 848           Toxic Art Supplies Code

 

Part 850           Uniform Hazardous Substances Act of Illinois

 

Part 855           Asbestos Abatement for Public and Private Schools and Commercial and Public Buildings in Illinois

 

Part 860           Manufactured Home Community Code

 

Part 870           Manufactured Home Installation Code

 

Part 880           Illinois Modular Dwellings and Mobile Structures Code

 

Part 890           Illinois Plumbing Code

 

Part 892           Lawn Irrigation Contractor and Lawn Sprinkler System Registration Code

 

Part 894           Plumbing Contractor Registration Code

 

Part 895           Public Area Sanitary Practice Code

 

Part 900           Drinking Water Systems Code

 

Part 905           Private Sewage Disposal Code

 

Part 906           Private Sewage Mound Code

 

Part 910           Field Sanitation Code

 

Part 915           Water Well and Pump Installation Contractor's License Code

 

Part 920           Water Well Construction Code

 

Part 925           Illinois Water Well Pump Installation Code

 

Part 930           Surface Source Water Treatment Code

 

Part 935           Migrant Labor Camp Code

 

Part 940           Language Assistance Services Code

 

Part 946           Compassionate Use of Medical Cannabis Pilot Program

 

Part 949           Smoke Free Illinois Code

 

Part 950           Men's Health Code

 

Part 955           Health Care Worker Background Check Code

 

Part 956           Health Care Employee Vaccination Code

 

Part 960           Preventive Health and Health Services Block Grant PHHS Rules

 

Part 965           Health Care Professional Credentials Data Collection Code

 

Part 970           Breast and Cervical Cancer Research Fund Rules

 

Part 973           Alzheimer's Disease and Related Dementias Services Code

 

Part 974           Quality of Life Code

 

Part 975           Community Health Center Expansion

 

Part 976           Hospital Capital Investments

 

Part 980           Heart Disease Treatment and Prevention Fund Rules

 

Part 985           Employee Blood Donation Leave Code

 

Part 990           Hemophilia Treatment Fund Rules

 

Part 995           Illinois Regenerative Medicine Institute Code

 

Part 996           Animal Population Control Code

 

Part 1005         Collection, Disclosure and Confidentiality of Health Statistics; Institutional Review Board

 

Part 1010         Health Care Data Collection and Submission Code

 

Health Facilities and Services Review Board (HFSRB):

 

Part 1100         Narrative and Planning Policies

 

Part 1110         Processing, Classification Policies and Review Criteria

 

Part 1120         Health Facilities and Services Financial and Economic Feasibility Review

 

Part 1125         Long-Term Care

 

Part 1126         Specialized Mental Health Rehabilitation Facilities (SMHRFs)

 

Part 1130         Health Facilities and Services Review Operational Rules

 

Part 1235         Health Care Worker Self-Referral

 

Health Facilities Planning Board:

 

Part 1260         State Board Policy Statement Regarding Reserve Bed Capacity

 

Part 1270         Hospital Basic Services Preservation Code

 

Experimental Organ Transplantation Procedures Board:

 

Part 2800         Transplantation Program

 

Hearing Aid Consumer Protection Board:

 

Part 3000         Hearing Aid Consumer Protection Continuing Education Requirements

 

d)         89 Illinois Administrative Code

 

Part 1000         Rules of Practice in Administrative Hearings:  Subpart D: Joint Rules with the Department of Public Aid

 

Note:  The text of this Part 1000 appears at 89 Ill. Adm. Code 104, Subpart D.

 

(Source:  Amended at 47 Ill. Reg. 2410, effective February 6, 2023)

SUBPART C: ORGANIZATION

 

Section 1125.300  Organizational Overview

 

a)         The Director serves as head of the Department of Public Health and is appointed to this office by the Governor of the State of Illinois, by and with the advice and consent of the Senate.  The Office of the Director consists of the following components:  Chief of Staff, Executive Assistant to the Director for Customer Service, Division of Legal Services, Division of Governmental Affairs, Division of Internal Audits, Division of Communications, Minority Health Services, and Office of the Equal Employment Opportunity Officer.

 

b)         The Assistant Director serves as an assistant to the head of the Department and is appointed to this office by the Governor of the State of Illinois, with the advice and consent of the Senate.

 

c)         The Chief of Staff, Executive Assistant to the Director for Customer Service, Division of Legal Services, Division of Governmental Affairs, Division of Internal Audits, Division of Communications, Minority Health Services, and the Equal Employment Opportunity Officer report directly to the Director.

 

d)         The State Board of Health functions as an advisory body to the Director.  The Board performs those functions set forth in statute.

 

e)         The Assistant Director oversees the day-to-day operation of the Department, including the development, interpretation and implementation of policies, and evaluation of the effectiveness of the Department's operations.  The Assistant Director also provides technical assistance and supervision of the Deputy Directors who manage the Offices of Epidemiology and Health Systems Development, Health Promotion, Women's Health, Health Care Regulation, Health Protection, and Finance and Administration.  The Assistant Director is also responsible for the operations of the Hearing Review Officers.

 

f)         The Department is organized into the following major offices:  Office of the Director, Office of Epidemiology and Health Systems Development, Office of Health Promotion, Office of Women's  Health, Office of Health Care Regulation, Office of Health Protection, and Office of Finance and Administration.  In addition, the Department has Regional Offices, each administered by a Regional Health Officer.  The co-central offices in Springfield and Chicago provide the managerial and support services necessary to enable the provision of well-planned and carefully monitored services.  The centrally-located program coordinators provide statewide consistency to the programs.

 

g)         An organizational chart of the Department is contained in Appendix B.

 

(Source:  Amended at 24 Ill. Reg. 11622, effective July 20, 2000)

 

Section 1125.310  Office of Health Promotion

 

a)         The Office of Health Promotion delivers financial and technical assistance to individuals and providers in an effort to ensure that basic preventive health care is available statewide.

 

b)         The Office is composed of the following units:  Bureau of Medical Programs, Division of Health Education and Prevention, Division of Chronic Disease Prevention and Control, Division of Oral Health, and Division of Health Assessment and Screening.  Each of these units is responsible for administering a variety of key public health programs primarily directed toward prevention and high-risk reduction.

 

c)         The following preventive activities are administered by the units in the Office:

 

1)         Reduction in infant mortality, morbidity and developmental disabilities.

 

2)         Regulating dispensers of hearing instruments.

 

3)         Nutrition education and food supplements for women, infant and children.

 

4)         Reduction of infant mortality and developmental disabilities through screening for genetic problems such as PKU and Hypothyroidism.

 

5)         Training for providers of prenatal, maternity and newborn care.

 

6)         Perinatal program including medical payment for certain eligibles and education and outreach efforts.

 

7)         Financial and technical assistance to local health agencies and to other public and private agencies.

 

8)         Improved control of hypertension.

 

9)         School health activity.

 

10)         Rape crisis and prevention activities.

 

11)         Vision and hearing screening.

 

12)         Dental Sealants for Children.

 

13)         Organ transplantation program.

 

14)         Control of chronic disease programs such as Alzheimer's Disease and Hemophilia.

 

15)         Dental consultation and dental health education.

 

16)         Monitoring fluoride levels of community water supplies.

 

17)         Training school health personnel.

 

18)         Detection of childhood lead poisoning.

 

19)         Sudden Infant Death Syndrome.

 

20)         Smoking Prevention and Cessation.

 

21)         Injury Prevention Services.

 

22)         Childhood Injury Control.

 

23)         Cancer Prevention Control.

 

24)         Smokeless Tobacco.

 

25)         Administration of Preventive Health and Health Services and Maternal and Child Health Block Grants.

 

d)         The Office also administers other regulatory, preventive, and enforcement activities provided by the Department by law.

 

(Source:  Amended at 24 Ill. Reg. 11622, effective July 20, 2000)

 

Section 1125.320  Office of Health Care Regulation

 

a)         The Office of Health Care Regulation is composed of the Division of Administration and Technical Support, Bureau of Long-Term Care, Bureau of Hospitals and Ambulatory Services, Division of Emergency Medical Services and Highway Safety, and the Division of Administrative Rules and Procedures.  The Bureau of Hospitals and Ambulatory Services is composed of the Division of Health Care Facilities and Programs and the Central Complaint Registry.  The Bureau of Long-Term Care is composed of the Division of Long-Term Care Field Operations, the Division of Long-Term Care Quality Assurance, and the Education and Training Section.  Each of these Divisions is responsible for administering a variety of regulatory public health programs that are directed towards ensuring quality care in health care facilities and health care delivery organizations.

 

b)         The following regulatory, preventive, and enforcement activities are administered by Divisions within the Office of Health Care Regulation:

 

1)         Conduct inspections, including complaint investigations, for State licensure and Medicare and Medicaid certification for long-term care facilities to ensure that services, staffing, and physical plant standards are met.

 

2)         Conduct inspections, including complaint investigations, for State licensure and Medicare and Medicaid  certification for hospitals to ensure that services, staffing, and physical plant standards are met.

 

3)         Conduct inspections, including complaint investigations, for State licensure and Medicare certification for home health agencies to ensure that services and staffing standards are met.

 

4)         Conduct inspections, including complaint investigations, for State licensure and Medicare certification for ambulatory surgical treatment centers (ASTC) to ensure that services, staffing, and physical plant standards are met.

 

5)         Conduct inspections, including complaint investigations, for Medicare  certification for physical therapists in independent practice, outpatient physical therapy programs, outpatient speech pathology programs, portable x-ray providers, and  rural health clinics  to ensure that services and staffing standards are met.

 

6)         Conduct inspections, including complaint investigations, for Medicare certification for end stage renal dialysis centers (ESRD) to ensure that services, staffing, and physical plant standards are met.

 

7)         Conduct inspections, including complaint investigations, for State licensure and Medicare certification for hospice programs and hospice residences  to ensure that services, staffing, and physical plant standards are met.

 

8)         Regulate health maintenance organizations.

 

9)         To ensure services, staffing, and physical plant standards are met, conduct inspections, including complaint investigations, for State licensure under the Alternative Health Care Delivery Act [210 ILCS 2] for the following authorized models: subacute care hospital demonstration programs, postsurgical recovery care center demonstration programs, community-based residential rehabilitation center demonstration programs, and children's respite care center demonstration programs.

 

10)         Conduct inspections, including complaint investigations, for State licensure  for community living facilities and supportive residences to ensure that services, staffing, and physical plant standards are met.

 

11)         Conduct inspections, including complaint investigations, for certification of clinical laboratories, blood banks, and tissue and sperm banks to ensure that services, staffing, and physical plant standards are met.

 

12)         Review and approve construction plans for health care facilities to ensure that physical plant standards are met.

 

13)         Serve as the agent of the Health Care Financing Administration, Department of Health and Human Services, to determine compliance with Federal Conditions of Participation under the Medicare program and as the agent of the Department of Public Aid to determine compliance under the Medicaid program.

 

14)         Approve training programs and regulate the training of certified nursing assistants.

 

15)         Maintain and report the status of individuals on the Nurse Aide Registry.

 

16)         Administer the Health Care Worker Background Check Act [225 ILCS 46] for health care facilities licensed by the Department.

 

17)         Inspect and license ambulance providers and Specialized Emergency Medical Services Vehicle Programs.

 

18)         License Emergency Medical Technicians (EMT).

 

19)         Register First Responders and Emergency Medical Dispatchers.

 

20)         Recognize Poison Control Centers.

 

21)         Administer the rural ambulance grant.

 

22)         Inspect and designate trauma centers.

 

23)         Establish Emergency Medical Services (EMS) Regions, approve EMS regional plans, and approve EMS Systems.

 

24)         Conduct inspections, including complaint investigations, for State licensure of freestanding emergency centers to ensure that services, staffing, and physical plant standards are met.

 

25)         Approve EMS Lead Instructors, Pre-hospital Registered Nurses, and Emergency Communications Registered Nurses.

 

26)         Provide certification of Trauma Nurse Specialists and designation of Trauma Nurse Specialist training sites.

 

27)         Provide restaurants with posters that demonstrate choke-saving procedures.

 

28)         Maintain a 24-hour-a-day hotline to receive complaints about licensed or certified health care facilities.

 

29)         Collect and disseminate data related to trauma, head and spinal cord injuries, and violent injuries.

 

30)         Establish licensing standards for  the programs and facilities listed in subsection (b)(1) through (29).

 

31)         Maintain a pre-hospital computerized reporting system.

 

32)         Administer a comprehensive pediatric emergency care system.

 

33)         Address issues related to State medical disasters and emergency preparedness and responses to biochemical threats and weapons of mass destruction.

 

c)         The Office also administers other regulatory, preventive, and enforcement activities provided by the Department by law.

 

(Source:  Amended at 24 Ill. Reg. 4964, effective March 20, 2000)

 

Section 1125.330  Office of Health Protection

 

a)         The Office of Health Protection is composed of the following components:

 

1)         Division of Environmental Health.

 

2)         Division of Laboratories.

 

3)         Division of Food, Drugs and Dairies.

 

4)         Division of Infectious Diseases.

 

5)         Emergency Response.

 

6)         Plumbing Program.

 

7)         Local Health Protection Grant Program.

 

b)         The following activities are administered by the Division of Environmental Health:

 

1)         Licensure of occupations involved in performing lead inspections, risk assessment, contracting, supervision, and abatement and mitigation in dwellings and child care facilities; approval of lead training course providers who offer training to individuals seeking licensure; and investigation of dwellings and child care facilities to identify and eliminate environmental lead hazards that are sources of lead poisoning.

 

2)         Review and approval of building plans for manufactured housing; and inspection of manufactured housing units at the factory and at final locations.

 

3)         Review and approval of manufactured home tie-down equipment; and inspection of tie-down installations.

 

4)         Inspection and regulation of non-community public water supply systems.

 

5)         Inspection, bacteriological and chemical analyses, and technical assistance to citizens regarding their private water supplies; licensure of water well drillers and water well pump installation contractors; permitting, inspection and sampling of new water wells to ensure proper construction; and provision of grants and training to local health departments to conduct the program.

 

6)         Licensure of private sewage disposal system installation and pumping contractors; review of plans for the installation of systems; inspection of systems, trucks used to pump septic tanks and sites for final disposal; and consultation and training for local health departments conducting the program.

 

7)         Review of plans and specifications for public swimming pools and bathing beaches, issuance of construction permits, and inspection of public swimming pools and bathing beaches for annual licensure; and laboratory testing of pool and beach water.

 

8)         Approval of plans and issuance of permits for construction or alteration of manufactured home communities; annual inspection for proper water supply, sewage disposal, electrical systems and other health and safety requirements; and licensure of manufactured home communities.

 

9)         Inspection and licensure of migrant labor camps to ensure proper sanitation, adequate and safe water supply, and proper sewage disposal.

 

10)         Inspection and licensure of recreational areas and youth camps for compliance of water supply, sewage disposal and electrical systems, and food handling procedures and facilities; and plans and specifications for new recreation areas and youth camps are reviewed and permits to construct are issued.

 

11)         Surveying and responding to inquiries regarding chemical exposures and possible health effects to humans; investigation of health risks to populations residing around hazardous waste sites; and investigation of health-related complaints involving indoor air pollution.

 

12)         Investigation of injuries associated with consumer products and of suspected product defects.

 

13)         Licensure of structural pest control technicians and businesses; inspection of the use of pesticides in and about structures; and investigation of incidents of misuse of pesticides.

 

14)         Collection of blood samples from wild birds to determine the presence of antibodies to St. Louis encephalitis and eastern equine encephalitis, which collection allows advance warning of an encephalitis outbreak; and public information and mosquito control measures are then implemented to reduce the severity of an outbreak.

 

15)         Licensing of occupations involved in performing asbestos abatement in schools and commercial and other public buildings; inspection of asbestos projects; review of asbestos management plans for schools; approval of asbestos training providers; and inspection of schools to determine compliance with State and federal laws.

 

16)         Ensuring that adequate toilets, handwashing facilities and drinking water are provided by farm operators who employ ten or more workers for more than two hours a day.

 

17)         Reduction of injury or illness to school children caused by exposure to art and craft materials that contain toxic substances, through review of these products and assurance of proper labeling.

 

18)         Short term studies of the health status of populations living around hazardous waste sites and recommendation of medical follow-up, as appropriate.

 

c)         The following activities are conducted by the Division of Laboratories:

 

1)         Laboratory testing for bacteria, viruses, parasites and environmental toxins that threaten the health of individuals.

 

2)         Blood testing of every newborn infant for evidence of phenylketonuria, hypothyroidism, galactosemia, biotinidase deficiency, congenital adrenal hyperplasia and sickle cell disease/trait, and other hemoglobinopathies.

 

3)         Laboratory examination of swimming pool water as needed for public health protection.

 

4)         Certification of private environmental laboratories that conduct microbiological water testing.

 

d)         The following activities are administered by the Division of Food, Drugs and Dairies:

 

1)         Inspection of food processors, manufacturers, and warehouses to ensure food is wholesome, unadulterated, and properly labeled.

 

2)         Issuance of food advisories and recalls and issuance of Certificates of Free Sale for Illinois firms who wish to export their products to foreign countries.

 

3)         Inspection of drug, cosmetic and medical device manufacturers to ensure products are wholesome, unadulterated and properly labeled.

 

4)         Compilation and maintenance of a formulary for use by physicians and dispensers of prescription drugs which formulary defines generic drugs that are therapeutically equivalent to brand name drugs.

 

5)         Conducting sanitary rating surveys to qualify Illinois produced and processed milk and dairy products for shipment in interstate commerce.

 

6)         Inspection of Grade A fluid milk and manufactured milk plants, producer dairies, bulk milk tank operators, receiving and transfer stations, milk vendors and distributors, to ensure compliance with rules and regulations.

 

7)         Certification of food service management personnel.

 

8)         Training and certification of local and State food sanitation supervisory personnel in food establishment sanitation techniques; and review and evaluation of local food sanitation programs.

 

9)         Inspection of retail food establishments to ensure compliance with sanitary standards.

 

10)         Daily sanitation surveillance over the operation of food concessions and daily operations at the annual Illinois State Fair and DuQuoin State Fair.

 

11)         Consultation and education in food service management to promote adequate sanitation.

 

12)         Sampling of dairy farm and dairy plant raw and finished products and water supplies to ensure bacteriological safety.

 

13)         Issuance of permits to tanning facility operators and grants to local health departments to conduct annual inspections of such facilities for sanitation, operator training, equipment maintenance, physical standards, and proper recordkeeping.

 

14)         Providing grants to local health departments to assure the safe food preparation and service to underprivileged children at a special feeding program during the summer.

 

e)         The following activities are administered by the Division of Infectious Diseases:

 

1)         Technical guidance to local health departments on the investigation and control of infectious diseases.

 

2)         Statewide direction in tuberculosis control by providing consultation, educational programs and limited direct assistance to local authorities.

 

3)         Comprehensive sexually transmitted disease prevention and containment including the coordination of similar efforts by local health departments through surveillance, patient and partner referral counseling and testing and treatment, education, and technical consultation and assistance.

 

4)         Comprehensive vaccine-preventable-disease-control through surveillance; outbreak control; technical and general consultation to all health care providers and school administrators; education and motivation; assessment of immunization levels in specified populations; and provision of vaccines for use in public clinics.

 

5)         Statewide communicable disease control including the coordination of similar efforts by local health departments and other health care providers to promote reporting, investigation and control of the communicable diseases required by regulation to be reported; collection and evaluation of data to determine appropriate action needed to control reportable communicable diseases; and investigation of cases and outbreaks of infectious diseases in areas without local health departments.

 

6)         Funding, consultation, training and planning for the provision of medical and social support services to persons living with HIV; provision of HIV-related therapeutic drugs for low income persons living with HIV; funding, training and consultation to local health departments for HIV/AIDS counseling, testing, referral and partner notification services; provision of HIV health education and risk reduction information services; and monitoring of the HIV/AIDS epidemic through case reporting requirements.

 

7)         Conducting epidemiological investigations of communicable disease outbreaks involving food borne illness, natural disasters, transportation emergencies, fires and other unique health related emergencies.

 

f)         Emergency Response.  The Department's response and recovery activities for statewide public health emergencies are coordinated in the Office of Health Protection.  Activities include development of emergency operating procedures for natural and technological disaster response and recovery activities, and representation of the Department in the State Emergency Operations Center during statewide emergency operations.

 

g)         The following activities are administered by the Plumbing Program:

 

1)         Examination and licensure of all Illinois plumbers and inspection of the work of licensed plumbers.

 

2)         Identification and initiation of enforcement action against individuals conducting plumbing procedures without a license.

 

h)         Local Health Protection Grant Program.  This program provides funding to local health departments that agree to assure the provision of health protection programs, including food protection, potable water supply, private sewage disposal, and communicable disease control, in their jurisdictions. Participating local health departments are reviewed by the Department for compliance with grant requirements.

 

i)          The Office also administers other regulatory, preventive, and enforcement activities provided by the Department by law.

 

(Source:  Amended at 24 Ill. Reg. 11622, effective July 20, 2000)

 

Section 1125.335  Illinois Building Commission (Repealed)

 

(Source:  Repealed at 24 Ill. Reg. 11662, effective July 20, 2000)

 

Section 1125.340  Office of Epidemiology and Health Systems Development

 

a)         The Office of Epidemiology and Health Systems Development consists of the following components:  the Division of Epidemiology Studies, Division of Facilities Development, Center for Health Statistics, Center for Rural Health, and Division of Health Policy.

 

b)         The Office of Epidemiology and Health Systems Development coordinates the Illinois Department of Public Health's activities to assess the health needs, disease occurrence, and health status of Illinois residents.  The Office develops and promotes the use of sound and systematic knowledge bases in health program management, evaluation, and policy development.  The Office provides leadership within the Department in translating public health data into useful information.

 

c)         The Office leads Department policy development and strategic planning functions with other state agencies and organizations from the private and volunteer sectors to define and address health problems.  The Office provides technical assistance to the Governor, General Assembly, other Department offices, local health departments, health care providers, and the general public.  To improve health status, improve public health systems, and reduce costs, the Office conducts or coordinates data collection and interpretation, policy and financial analysis, community health planning, health care facilities planning, and certificate of need review.  The Office also conducts epidemiologic studies to determine the patterns of illness and disease.

 

d)         The Office produces the State's annual vital statistics report and publishes reports concerning special populations.  As Illinois' agent for the Federal-State Cooperative for Populations Estimates, the Office produces population estimates that are used in defining health indicators and determining need for services and appropriate distribution of resources.  To determine the pattern and characteristics of health behaviors, the Office conducts household surveys and provides technical assistance in interpreting data for planners and local health departments through the Behavioral Risk Factor Surveillance Survey.

 

e)         The Office developed and maintains the Illinois Health and Hazardous Substance Registry for making decisions on health and public health related to cancer incidence, adverse pregnancy outcomes, occupational diseases, and hazardous substances.

 

f)         The Office supports the Illinois Health Facilities Planning Board in administering the Illinois certificate of need program to reduce unnecessary health care services and costs, in enforcing the Health Care Worker Self-Referral Act [225 ILCS 47] to provide assistance, and in conducting planning activities related to health care facilities. For the certificate of need program, staff personnel review applications for construction of health care facilities, acquisition of major medical equipment, substantial changes in bed capacity, initiation of new services, and elimination of existing services.  The Office then makes recommendations to the Health Facilities Planning Board for approval or denial of the certificate of need.

 

g)         The following are mandated responsibilities contained in State statutes:

 

1)         The Illinois Health Facilities Planning Act [20 ILCS 3960] that created the Illinois Health Facilities Planning Board and describes its functions, including certificate of need/permit reviews and facilities planning.

 

2)         The Illinois Health Statistics Act [410 ILCS 520] modeled on a widely accepted state-level approach that provides for the collection of health data by the Department and provides for confidentiality of this data.

 

3)         The Life Care Facilities Act [210 ILCS 40) sets forth the requirements for life care contracts that the Department must approve and monitor.

 

4)         The Illinois Welfare and Rehabilitation Services Planning Act [20 ILCS 10] provides that Civil Administrative Code of Illinois agencies, including the Department of Public Health, develop a Human Services Plan to be presented to the General Assembly on April 1 of every odd numbered year.

 

5)         The Illinois Health and Hazardous Substances Registry Act [410 ILCS 525] establishes a unified statewide project to collect, compile and correlate information on public health and hazardous substances.

 

6)         The Civil Administrative Code of Illinois [20 ILCS 2310/2310-365] allows for the general supervision of the interests of the health and lives of the people of the State to require hospitals, laboratories, or other facilities in the State to report each incidence of cancer diagnosed by the hospitals, laboratories, or facilities, along with any other information the Department may require to develop a Health and Hazardous Substances Registry under the Illinois Health and Hazardous Substances Registry Act.

 

7)         The Lead Poisoning Prevention Act [410 ILCS 45] requires immediate reporting of the existence of any person found or suspected to have a level of lead in the blood in excess of the permissible limits set forth in regulations adopted by the Department.  The names, addresses, laboratory results, date of birth, and other information about the person are maintained in the Adult Blood Lead Registry.

 

8)         The Developmental Disability Prevention Act [410 ILCS 250] declares that the policy of the State for the prevention of perinatal mortality and conditions leading to developmental disabilities and other handicapping disabilities is a high priority for attention.  The Adverse Pregnancy Outcome Reporting System maintains information regarding perinatal mortality and risk conditions.

 

9)         The Vital Records Act [410 ILCS 535] charges the Department with the responsibility of collecting and preserving records of births and deaths of Illinois residents and of preparing and publishing reports of vital statistics from these records.

 

10)         The Alternative Health Care Delivery Act [210 ILCS 3] establishes procedures for investigating alternative methods of delivering health care services to the community.

 

11)         The Health Care Worker Self-Referral Act [225 ILCS 47] gives the Illinois Health Facilities Planning Board the authority to determine if certain investments by one or more health care workers constitutes a conflict of interest.

 

12)         The Civil Administrative Code of Illinois [20 ILCS 2310/2310-65] authorizes the Department to conduct statewide inventories for existing hospitals, health service facilities, and other facilities.

 

13)         The Counties Code [55 ILCS 5/Art. 5, Div. 25] establishes the Illinois Project for Local Assessment of Need (IPLAN) compliance requirements for the local health departments.

 

14)         The Civil Administrative Code of Illinois [20 ILCS 2310/2310-57] authorizes the Department to establish a system for the collection of data related to hospital discharge and inpatient and outpatient surgery performed at hospitals and licensed ambulatory surgical treatment centers.

 

h)         The Office also administers other regulatory, preventive, and enforcement activities provided by the Department by law.

 

(Source:  Amended at 26 Ill. Reg. 11204, effective July 9, 2002)

 

Section 1125.350  Office of Finance and Administration

 

a)         The Office of Finance and Administration encompasses all administrative support activities essential to the overall operation of the Department.

 

b)         The Office of Finance and Administration provides supportive and coordination services to all offices and regions within the Department including budget, State/Local Liaison Unit, employee services and benefits.  Divisions within the Office include:  Accounting Services, Information Technology, Vital Records, Human Resources, and Physical Services.

 

1)         The Division of Vital Records is the Official Register of Vital Events in Illinois that include all births, deaths, marriages, adoptions and divorces.

 

2)         The State/Local Liaison Unit is the liaison between the local health departments and the Department.

 

c)         The Office also provides administrative support to the Regional Health Officers, who administer the Department's regional offices.  The Regional Health Officers are responsible for coordinating various agency program activities at the regional level, including presiding over involuntary discharge and certificate of need hearings, serving as emergency liaisons, and serving as liaisons with local health agencies and community health associations.

 

(Source:  Amended at 24 Ill. Reg. 2709, effective February 15, 2000)

 

Section 1125.355  Office of Women's Health

 

The Office of Women's Health consists of the Division of Women's Health Services and the Division of Technical Support.  The Office has, without limitation, the following duties:

 

a)         Assisting in the assessment of the health needs of women in the State.

 

b)         Recommending treatment methods and programs that are sensitive and relevant to the unique characteristics of women.

 

c)         Promoting awareness of women's health concerns and encouraging, promoting, and aiding in the establishment of women's services.

 

d)         Providing adequate and effective opportunities for women to express their views on Departmental policy development and program implementation (Section 55.69 of the Civil Administrative Code of Illinois [20 ILCS  2310/55.69]).

 

(Source:  Amended at 24 Ill. Reg. 2709, effective February 15, 2000)

 

Section 1125.360  Office Locations

 

a)         The Department maintains 2 Co-Central Offices in order to best serve the needs of the citizens of the State of Illinois.  These offices are at the locations listed in this subsection.

 

1)         525 and 535 West Jefferson Street

Springfield, Illinois 62761

 

2)         100 West Randolph Street

Sixth Floor, Suite 600

Chicago, Illinois 60601

 

b)         The Department's Divisions of Vital Records and Epidemiologic Studies are at the location listed in this subsection.

 

605 West Jefferson

Springfield, Illinois 62702

 

c)         The Department operates laboratories at the locations listed in this subsection.

 

1)         Chicago Laboratory

2121 West Taylor Street

Chicago, Illinois 60612

 

2)         Springfield Laboratory

825 North Rutledge, P.O. Box 19435

Springfield, Illinois 62794

 

3)         Carbondale Laboratory

Chautauqua and Oakland Streets

Carbondale, Illinois 62901

 

d)         The Department maintains Regional Offices at the locations listed in this subsection.  Each Regional Office is headed by a Regional Health Officer.

 

1)         Region 1

Rockford Regional Office

4302 North Main Street

P.O. Box 2903

Rockford, Illinois 61105

 

2)         Region 2

Peoria Regional Office

5415 North University Avenue

Peoria, Illinois 61614

 

3)         Region 3

Edwardsville Regional Office

22 Kettle River Drive

Edwardsville, Illinois 62034

 

4)         Region 4

Marion Regional Office

2309 West Main Street

Marion, Illinois 62959

 

5)         Region 5

Champaign Regional Office

2125 South First Street

Champaign, Illinois 61820

 

6)         Region 6

West Chicago Regional Office

245 West Roosevelt Road, Building 5

West Chicago, Illinois 60185

 

7)         Region 7 (2 offices)

Chicago Regional Offices

 

A)        Bellwood Office

4212 West St. Charles Road

Bellwood, Illinois 60104

 

B)        Chicago Office

100 West Randolph, Room 6-600

Chicago, Illinois 60601

 

e)         A map indicating the jurisdictional area of each Regional Office may be found in Appendix C.

 

(Source:  Amended at 24 Ill. Reg. 2709, effective February 15, 2000)




Section 1125.APPENDIX A   Petition Before the Illinois Department of Public Health Requesting the Promulgation, Amendment, or Repeal of a Rule

 

A.        Petitioner:

 

1.         Name of Petitioner (if Petitioner is representing an individual on whose behalf the Petition is filed, state both names):

 

 

 

2.         Name and mailing address of the party to which the Department will direct its response and other necessary communications:

 

 

 

B.        Type of Request (circle one):

 

Promulgation               Amendment                Repeal

 

C.        Interest.  State the particular interest of the Petitioner (or, if relevant, the individual on whose behalf the Petition is being filed) in the action requested:

 

D.        Request:

 

1.         If the request is for amendment or repeal of an existing rule(s), identify the particular rule(s) in question.

 

 

 

2.         If the request is for promulgation of a new rule(s), identify the program area or subject matter of the proposed new rule(s).

 

 

 

3.         If the Petition is for amendment of a rule or rules, describe in as much detail as possible the nature of the amendment(s) requested.  If possible, include a suggested text of the rule(s) as (it) (they) would appear if amended in accordance with the Petition.  If the Petition is for promulgation of a new rule or rules, describe in as much detail as possible the content of new rule or rules.  If possible, include a suggested text of the proposed rule(s).

 

 

 

4.         Discuss in as much detail as possible the reasons for and basis of the Petition.  Include any pertinent references such as documents, source materials, actual cases or events.  Attach any relevant and supportive documentation.

 

 

 

5.         Discuss, to the extent possible, the adverse or beneficial effect, if any, that you believe the amendment, repeal, or promulgation requested will or could have on the public health in Illinois (or in a broader area, if relevant).

 

 

Signed:
Name of Petitioner or Representative
Position
Dated this		day of		,		.

 

 

NOTE:      If additional space is needed to answer any question, complete your answers on 8½ x 11 inch paper and attach to this Petition.

 

Send by U.S. Mail (or deliver personally) 2 completed copies of the Petition, with one copy of any accompanying documentation, to:

 

Office of the Director

Illinois Department of Public Health

535 West Jefferson Street

Springfield, Ill. 62761

 

If, within 30 days after submission of a Petition, the Department has not initiated rule-making proceedings in accordance with Section 5-35 of the Illinois Administrative Procedure Act, the Petition shall be deemed to have been denied.  This denial does not, however, preclude the Department from later initiating rule-making proceedings according to the Petition.

 

(Source:  Amended at 24 Ill. Reg. 86, effective December 15, 1999)




Section 1125.APPENDIX B   Current Organizational Chart



(Source:  Amended at 24 Ill. Reg. 11622, effective July 20, 2000)




Section 1125.APPENDIX C   Regions of the Illinois Department of Public Health

 

 



 

(Source:  Amended at 24 Ill. Reg. 86, effective December 15, 1999)




 

Section 1125.APPENDIX D   Rulemaking Chart

 

 

						Department Offices
Petition		Sent to Director		Review by Director or Deputy Director		Governmental Affairs
						Review by Legal
						Review by Director
						Board Advice or Approval
						First Notice Publication
						Hearing and/or Comment Review
						Second Notice with JCAR
						Adoption Filed

 

(Source:  Added at 47 Ill. Reg. 2410, effective February 6, 2023)