Rep. Elizabeth Coulson

Filed: 3/18/2010

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5565

2     AMENDMENT NO. ______. Amend House Bill 5565 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Civil Administrative Code of Illinois is
5 amended 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 Department of Public Health.
8     (a) The General Assembly declares it to be the public
9 policy of this State that all citizens of Illinois are entitled
10 to lead healthy lives. Governmental public health has a
11 specific responsibility to ensure that a public health system
12 is in place to allow the public health mission to be achieved.
13 The public health system is the collection of public, private,
14 and voluntary entities as well as individuals and informal
15 associations that contribute to the public's health within the
16 State. To develop a public health system requires certain core

 

 

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1 functions to be performed by government. The State Board of
2 Health is to assume the leadership role in advising the
3 Director in meeting the following functions:
4         (1) Needs assessment.
5         (2) Statewide health objectives.
6         (3) Policy development.
7         (4) Assurance of access to necessary services.
8     There shall be a State Board of Health composed of 19
9 persons, all of whom shall be appointed by the Governor, with
10 the advice and consent of the Senate for those appointed by the
11 Governor on and after June 30, 1998, and one of whom shall be a
12 senior citizen age 60 or over. Five members shall be physicians
13 licensed to practice medicine in all its branches, one
14 representing a medical school faculty, one who is board
15 certified in preventive medicine, and one who is engaged in
16 private practice. One member shall be a chiropractic physician.
17 One member shall be a dentist; one an environmental health
18 practitioner; one a local public health administrator; one a
19 local board of health member; one a registered nurse; one a
20 physical therapist; one a veterinarian; one a public health
21 academician; one a health care industry representative; one a
22 representative of the business community; one a representative
23 of the non-profit public interest community; and 2 shall be
24 citizens at large.
25     The terms of Board of Health members shall be 3 years,
26 except that members shall continue to serve on the Board of

 

 

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1 Health until a replacement is appointed. Upon the effective
2 date of this amendatory Act of the 93rd General Assembly, in
3 the appointment of the Board of Health members appointed to
4 vacancies or positions with terms expiring on or before
5 December 31, 2004, the Governor shall appoint up to 6 members
6 to serve for terms of 3 years; up to 6 members to serve for
7 terms of 2 years; and up to 5 members to serve for a term of one
8 year, so that the term of no more than 6 members expire in the
9 same year. All members shall be legal residents of the State of
10 Illinois. The duties of the Board shall include, but not be
11 limited to, the following:
12         (1) To advise the Department of ways to encourage
13     public understanding and support of the Department's
14     programs.
15         (2) To evaluate all boards, councils, committees,
16     authorities, and bodies advisory to, or an adjunct of, the
17     Department of Public Health or its Director for the purpose
18     of recommending to the Director one or more of the
19     following:
20             (i) The elimination of bodies whose activities are
21         not consistent with goals and objectives of the
22         Department.
23             (ii) The consolidation of bodies whose activities
24         encompass compatible programmatic subjects.
25             (iii) The restructuring of the relationship
26         between the various bodies and their integration

 

 

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1         within the organizational structure of the Department.
2             (iv) The establishment of new bodies deemed
3         essential to the functioning of the Department.
4         (3) To serve as an advisory group to the Director for
5     public health emergencies and control of health hazards.
6         (4) To advise the Director regarding public health
7     policy, and to make health policy recommendations
8     regarding priorities to the Governor through the Director.
9         (5) To present public health issues to the Director and
10     to make recommendations for the resolution of those issues.
11         (6) To recommend studies to delineate public health
12     problems.
13         (7) To make recommendations to the Governor through the
14     Director regarding the coordination of State public health
15     activities with other State and local public health
16     agencies and organizations.
17         (8) To report on or before February 1 of each year on
18     the health of the residents of Illinois to the Governor,
19     the General Assembly, and the public.
20         (9) To review the final draft of all proposed
21     administrative rules, other than emergency or preemptory
22     rules and those rules that another advisory body must
23     approve or review within a statutorily defined time period,
24     of the Department after September 19, 1991 (the effective
25     date of Public Act 87-633). The Board shall review the
26     proposed rules within 90 days of submission by the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1     SHIP. The Council shall serve as a forum for collaborative
2     action; coordinate existing and new initiatives; develop
3     detailed implementation steps, with mechanisms for action;
4     implement specific projects; identify public and private
5     funding sources at the local, State and federal level;
6     promote public awareness of the SHIP; advocate for the
7     implementation of the SHIP; and develop an annual report to
8     the Governor, General Assembly, and public regarding the
9     status of implementation of the SHIP. The Council shall
10     not, however, have the authority to direct any public or
11     private entity to take specific action to implement the
12     SHIP.
13         (11) Upon the request of the Governor, to recommend to
14     the Governor candidates for Director of Public Health when
15     vacancies occur in the position.
16         (12) To adopt bylaws for the conduct of its own
17     business, including the authority to establish ad hoc
18     committees to address specific public health programs
19     requiring resolution.
20         (13) To review and comment upon the Comprehensive
21     Health Plan submitted by the Center for Comprehensive
22     Health Planning as provided under Section 2310-217 of the
23     Department of Public Health Powers and Duties Law of the
24     Civil Administrative Code of Illinois.
25     Upon appointment, the Board shall elect a chairperson from
26 among its members.

 

 

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1     Members of the Board shall receive compensation for their
2 services at the rate of $150 per day, not to exceed $10,000 per
3 year, as designated by the Director for each day required for
4 transacting the business of the Board and shall be reimbursed
5 for necessary expenses incurred in the performance of their
6 duties. The Board shall meet from time to time at the call of
7 the Department, at the call of the chairperson, or upon the
8 request of 3 of its members, but shall not meet less than 4
9 times per year.
10     (b) (Blank).
11     (c) An Advisory Board on Necropsy Service to Coroners,
12 which shall counsel and advise with the Director on the
13 administration of the Autopsy Act. The Advisory Board shall
14 consist of 11 members, including a senior citizen age 60 or
15 over, appointed by the Governor, one of whom shall be
16 designated as chairman by a majority of the members of the
17 Board. In the appointment of the first Board the Governor shall
18 appoint 3 members to serve for terms of 1 year, 3 for terms of 2
19 years, and 3 for terms of 3 years. The members first appointed
20 under Public Act 83-1538 shall serve for a term of 3 years. All
21 members appointed thereafter shall be appointed for terms of 3
22 years, except that when an appointment is made to fill a
23 vacancy, the appointment shall be for the remaining term of the
24 position vacant. The members of the Board shall be citizens of
25 the State of Illinois. In the appointment of members of the
26 Advisory Board the Governor shall appoint 3 members who shall

 

 

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1 be persons licensed to practice medicine and surgery in the
2 State of Illinois, at least 2 of whom shall have received
3 post-graduate training in the field of pathology; 3 members who
4 are duly elected coroners in this State; and 5 members who
5 shall have interest and abilities in the field of forensic
6 medicine but who shall be neither persons licensed to practice
7 any branch of medicine in this State nor coroners. In the
8 appointment of medical and coroner members of the Board, the
9 Governor shall invite nominations from recognized medical and
10 coroners organizations in this State respectively. Board
11 members, while serving on business of the Board, shall receive
12 actual necessary travel and subsistence expenses while so
13 serving away from their places of residence.
14 (Source: P.A. 96-31, eff. 6-30-09; 96-455, eff. 8-14-09;
15 revised 9-4-09.)
 
16     Section 99. Effective date. This Act takes effect upon
17 becoming law.".