102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2383

 

Introduced 2/26/2021, by Sen. Laura Fine

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 5/5-565  was 20 ILCS 5/6.06

    Amends the Civil Administrative Code of Illinois. Makes a technical change in a Section concerning the Department of Public Health.


LRB102 12808 RJF 18149 b

 

 

A BILL FOR

 

SB2383LRB102 12808 RJF 18149 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Civil Administrative Code of Illinois is
5amended by changing Section 5-565 as follows:
 
6    (20 ILCS 5/5-565)  (was 20 ILCS 5/6.06)
7    Sec. 5-565. In the the Department of Public Health.
8    (a) The General Assembly declares it to be the public
9policy of this State that all citizens of Illinois are
10entitled to lead healthy lives. Governmental public health has
11a specific responsibility to ensure that a public health
12system is in place to allow the public health mission to be
13achieved. The public health system is the collection of
14public, private, and voluntary entities as well as individuals
15and informal associations that contribute to the public's
16health within the State. To develop a public health system
17requires certain core functions to be performed by government.
18The State Board of Health is to assume the leadership role in
19advising the Director in meeting the following functions:
20        (1) Needs assessment.
21        (2) Statewide health objectives.
22        (3) Policy development.
23        (4) Assurance of access to necessary services.

 

 

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1    There shall be a State Board of Health composed of 20
2persons, all of whom shall be appointed by the Governor, with
3the advice and consent of the Senate for those appointed by the
4Governor on and after June 30, 1998, and one of whom shall be a
5senior citizen age 60 or over. Five members shall be
6physicians licensed to practice medicine in all its branches,
7one representing a medical school faculty, one who is board
8certified in preventive medicine, and one who is engaged in
9private practice. One member shall be a chiropractic
10physician. One member shall be a dentist; one an environmental
11health practitioner; one a local public health administrator;
12one a local board of health member; one a registered nurse; one
13a physical therapist; one an optometrist; one a veterinarian;
14one a public health academician; one a health care industry
15representative; one a representative of the business
16community; one a representative of the non-profit public
17interest community; and 2 shall be citizens at large.
18    The terms of Board of Health members shall be 3 years,
19except that members shall continue to serve on the Board of
20Health until a replacement is appointed. Upon the effective
21date of Public Act 93-975 (January 1, 2005) this amendatory
22Act of the 93rd General Assembly, in the appointment of the
23Board of Health members appointed to vacancies or positions
24with terms expiring on or before December 31, 2004, the
25Governor shall appoint up to 6 members to serve for terms of 3
26years; up to 6 members to serve for terms of 2 years; and up to

 

 

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15 members to serve for a term of one year, so that the term of
2no more than 6 members expire in the same year. All members
3shall be legal residents of the State of Illinois. The duties
4of the Board shall include, but not be limited to, the
5following:
6        (1) To advise the Department of ways to encourage
7    public understanding and support of the Department's
8    programs.
9        (2) To evaluate all boards, councils, committees,
10    authorities, and bodies advisory to, or an adjunct of, the
11    Department of Public Health or its Director for the
12    purpose of recommending to the Director one or more of the
13    following:
14            (i) The elimination of bodies whose activities are
15        not consistent with goals and objectives of the
16        Department.
17            (ii) The consolidation of bodies whose activities
18        encompass compatible programmatic subjects.
19            (iii) The restructuring of the relationship
20        between the various bodies and their integration
21        within the organizational structure of the Department.
22            (iv) The establishment of new bodies deemed
23        essential to the functioning of the Department.
24        (3) To serve as an advisory group to the Director for
25    public health emergencies and control of health hazards.
26        (4) To advise the Director regarding public health

 

 

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1    policy, and to make health policy recommendations
2    regarding priorities to the Governor through the Director.
3        (5) To present public health issues to the Director
4    and to make recommendations for the resolution of those
5    issues.
6        (6) To recommend studies to delineate public health
7    problems.
8        (7) To make recommendations to the Governor through
9    the Director regarding the coordination of State public
10    health activities with other State and local public health
11    agencies and organizations.
12        (8) To report on or before February 1 of each year on
13    the health of the residents of Illinois to the Governor,
14    the General Assembly, and the public.
15        (9) To review the final draft of all proposed
16    administrative rules, other than emergency or peremptory
17    preemptory rules and those rules that another advisory
18    body must approve or review within a statutorily defined
19    time period, of the Department after September 19, 1991
20    (the effective date of Public Act 87-633). The Board shall
21    review the proposed rules within 90 days of submission by
22    the Department. The Department shall take into
23    consideration any comments and recommendations of the
24    Board regarding the proposed rules prior to submission to
25    the Secretary of State for initial publication. If the
26    Department disagrees with the recommendations of the

 

 

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1    Board, it shall submit a written response outlining the
2    reasons for not accepting the recommendations.
3        In the case of proposed administrative rules or
4    amendments to administrative rules regarding immunization
5    of children against preventable communicable diseases
6    designated by the Director under the Communicable Disease
7    Prevention Act, after the Immunization Advisory Committee
8    has made its recommendations, the Board shall conduct 3
9    public hearings, geographically distributed throughout the
10    State. At the conclusion of the hearings, the State Board
11    of Health shall issue a report, including its
12    recommendations, to the Director. The Director shall take
13    into consideration any comments or recommendations made by
14    the Board based on these hearings.
15        (10) To deliver to the Governor for presentation to
16    the General Assembly a State Health Improvement Plan. The
17    first 3 such plans shall be delivered to the Governor on
18    January 1, 2006, January 1, 2009, and January 1, 2016 and
19    then every 5 years thereafter.
20        The Plan shall recommend priorities and strategies to
21    improve the public health system and the health status of
22    Illinois residents, taking into consideration national
23    health objectives and system standards as frameworks for
24    assessment.
25        The Plan shall also take into consideration priorities
26    and strategies developed at the community level through

 

 

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1    the Illinois Project for Local Assessment of Needs (IPLAN)
2    and any regional health improvement plans that may be
3    developed. The Plan shall focus on prevention as a key
4    strategy for long-term health improvement in Illinois.
5        The Plan shall examine and make recommendations on the
6    contributions and strategies of the public and private
7    sectors for improving health status and the public health
8    system in the State. In addition to recommendations on
9    health status improvement priorities and strategies for
10    the population of the State as a whole, the Plan shall make
11    recommendations regarding priorities and strategies for
12    reducing and eliminating health disparities in Illinois;
13    including racial, ethnic, gender, age, socio-economic, and
14    geographic disparities.
15        The Director of the Illinois Department of Public
16    Health shall appoint a Planning Team that includes a range
17    of public, private, and voluntary sector stakeholders and
18    participants in the public health system. This Team shall
19    include: the directors of State agencies with public
20    health responsibilities (or their designees), including,
21    but not limited to, the Illinois Departments of Public
22    Health and Department of Human Services, representatives
23    of local health departments, representatives of local
24    community health partnerships, and individuals with
25    expertise who represent an array of organizations and
26    constituencies engaged in public health improvement and

 

 

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1    prevention.
2        The State Board of Health shall hold at least 3 public
3    hearings addressing drafts of the Plan in representative
4    geographic areas of the State. Members of the Planning
5    Team shall receive no compensation for their services, but
6    may be reimbursed for their necessary expenses.
7        Upon the delivery of each State Health Improvement
8    Plan, the Governor shall appoint a SHIP Implementation
9    Coordination Council that includes a range of public,
10    private, and voluntary sector stakeholders and
11    participants in the public health system. The Council
12    shall include the directors of State agencies and entities
13    with public health system responsibilities (or their
14    designees), including, but not limited to, the Department
15    of Public Health, Department of Human Services, Department
16    of Healthcare and Family Services, Environmental
17    Protection Agency, Illinois State Board of Education,
18    Department on Aging, Illinois Violence Prevention
19    Authority, Department of Agriculture, Department of
20    Insurance, Department of Financial and Professional
21    Regulation, Department of Transportation, and Department
22    of Commerce and Economic Opportunity and the Chair of the
23    State Board of Health. The Council shall include
24    representatives of local health departments and
25    individuals with expertise who represent an array of
26    organizations and constituencies engaged in public health

 

 

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1    improvement and prevention, including non-profit public
2    interest groups, health issue groups, faith community
3    groups, health care providers, businesses and employers,
4    academic institutions, and community-based organizations.
5    The Governor shall endeavor to make the membership of the
6    Council representative of the racial, ethnic, gender,
7    socio-economic, and geographic diversity of the State. The
8    Governor shall designate one State agency representative
9    and one other non-governmental member as co-chairs of the
10    Council. The Governor shall designate a member of the
11    Governor's office to serve as liaison to the Council and
12    one or more State agencies to provide or arrange for
13    support to the Council. The members of the SHIP
14    Implementation Coordination Council for each State Health
15    Improvement Plan shall serve until the delivery of the
16    subsequent State Health Improvement Plan, whereupon a new
17    Council shall be appointed. Members of the SHIP Planning
18    Team may serve on the SHIP Implementation Coordination
19    Council if so appointed by the Governor.
20        The SHIP Implementation Coordination Council shall
21    coordinate the efforts and engagement of the public,
22    private, and voluntary sector stakeholders and
23    participants in the public health system to implement each
24    SHIP. The Council shall serve as a forum for collaborative
25    action; coordinate existing and new initiatives; develop
26    detailed implementation steps, with mechanisms for action;

 

 

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1    implement specific projects; identify public and private
2    funding sources at the local, State and federal level;
3    promote public awareness of the SHIP; advocate for the
4    implementation of the SHIP; and develop an annual report
5    to the Governor, General Assembly, and public regarding
6    the status of implementation of the SHIP. The Council
7    shall not, however, have the authority to direct any
8    public or private entity to take specific action to
9    implement the SHIP.
10        (11) Upon the request of the Governor, to recommend to
11    the Governor candidates for Director of Public Health when
12    vacancies occur in the position.
13        (12) To adopt bylaws for the conduct of its own
14    business, including the authority to establish ad hoc
15    committees to address specific public health programs
16    requiring resolution.
17        (13) (Blank).
18    Upon appointment, the Board shall elect a chairperson from
19among its members.
20    Members of the Board shall receive compensation for their
21services at the rate of $150 per day, not to exceed $10,000 per
22year, as designated by the Director for each day required for
23transacting the business of the Board and shall be reimbursed
24for necessary expenses incurred in the performance of their
25duties. The Board shall meet from time to time at the call of
26the Department, at the call of the chairperson, or upon the

 

 

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1request of 3 of its members, but shall not meet less than 4
2times per year.
3    (b) (Blank).
4    (c) An Advisory Board on Necropsy Service to Coroners,
5which shall counsel and advise with the Director on the
6administration of the Autopsy Act. The Advisory Board shall
7consist of 11 members, including a senior citizen age 60 or
8over, appointed by the Governor, one of whom shall be
9designated as chairman by a majority of the members of the
10Board. In the appointment of the first Board the Governor
11shall appoint 3 members to serve for terms of 1 year, 3 for
12terms of 2 years, and 3 for terms of 3 years. The members first
13appointed under Public Act 83-1538 shall serve for a term of 3
14years. All members appointed thereafter shall be appointed for
15terms of 3 years, except that when an appointment is made to
16fill a vacancy, the appointment shall be for the remaining
17term of the position vacant. The members of the Board shall be
18citizens of the State of Illinois. In the appointment of
19members of the Advisory Board the Governor shall appoint 3
20members who shall be persons licensed to practice medicine and
21surgery in the State of Illinois, at least 2 of whom shall have
22received post-graduate training in the field of pathology; 3
23members who are duly elected coroners in this State; and 5
24members who shall have interest and abilities in the field of
25forensic medicine but who shall be neither persons licensed to
26practice any branch of medicine in this State nor coroners. In

 

 

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1the appointment of medical and coroner members of the Board,
2the Governor shall invite nominations from recognized medical
3and coroners organizations in this State respectively. Board
4members, while serving on business of the Board, shall receive
5actual necessary travel and subsistence expenses while so
6serving away from their places of residence.
7(Source: P.A. 98-463, eff. 8-16-13; 99-527, eff. 1-1-17;
8revised 7-17-19.)