97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1477

 

Introduced , by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2305/2  from Ch. 111 1/2, par. 22

    Amends the Department of Public Health Act. In a provision concerning Department powers, provides that the Department may levy a fine on any institution or entity that it licenses or regulates for failing to comply with a lawful order made by the Department or for otherwise violating an Act that the Department has the responsibility of administering. Makes other changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 Department of Public Health Act is amended
5by changing Section 2 as follows:
 
6    (20 ILCS 2305/2)  (from Ch. 111 1/2, par. 22)
7    Sec. 2. Powers.
8    (a) The State Department of Public Health has general
9supervision of the interests of the health and lives of the
10people of the State. It has supreme authority in matters of
11quarantine and isolation, and may declare and enforce
12quarantine and isolation when none exists, and may modify or
13relax quarantine and isolation when it has been established.
14The Department may adopt, promulgate, repeal, and amend rules
15and regulations and make such sanitary investigations and
16inspections as it may from time to time deem necessary for the
17preservation and improvement of the public health, consistent
18with law regulating the following:
19        (1) Transportation of the remains of deceased persons.
20        (2) Sanitary practices relating to drinking water made
21    accessible to the public for human consumption or for
22    lavatory or culinary purposes.
23        (3) Sanitary practices relating to rest room

 

 

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1    facilities made accessible to the public or to persons
2    handling food served to the public.
3        (4) Sanitary practices relating to disposal of human
4    wastes in or from all buildings and places where people
5    live, work or assemble.
6    The provisions of the Illinois Administrative Procedure
7Act are hereby expressly adopted and shall apply to all
8administrative rules and procedures of the Department of Public
9Health under this Act, except that Section 5-35 of the Illinois
10Administrative Procedure Act relating to procedures for
11rule-making does not apply to the adoption of any rule required
12by federal law in connection with which the Department is
13precluded by law from exercising any discretion.
14    All local boards of health, health authorities and
15officers, police officers, sheriffs, and all other officers and
16employees of the State state or any locality shall enforce the
17rules and regulations so adopted and orders issued by the
18Department pursuant to this Section.
19    The Department of Public Health shall conduct a public
20information campaign to inform Hispanic women of the high
21incidence of breast cancer and the importance of mammograms and
22where to obtain a mammogram. This requirement may be satisfied
23by translation into Spanish and distribution of the breast
24cancer summaries required by Section 2310-345 of the Department
25of Public Health Powers and Duties Law (20 ILCS 2310/2310-345).
26The information provided by the Department of Public Health

 

 

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1shall include (i) a statement that mammography is the most
2accurate method for making an early detection of breast cancer,
3however, no diagnostic tool is 100% effective and (ii)
4instructions for performing breast self-examination and a
5statement that it is important to perform a breast
6self-examination monthly.
7    The Department of Public Health shall investigate the
8causes of dangerously contagious or infectious diseases,
9especially when existing in epidemic form, and take means to
10restrict and suppress the same, and whenever such disease
11becomes, or threatens to become epidemic, in any locality and
12the local board of health or local authorities neglect or
13refuse to enforce efficient measures for its restriction or
14suppression or to act with sufficient promptness or efficiency,
15or whenever the local board of health or local authorities
16neglect or refuse to promptly enforce efficient measures for
17the restriction or suppression of dangerously contagious or
18infectious diseases, the Department of Public Health may
19enforce such measures as it deems necessary to protect the
20public health, and all necessary expenses so incurred shall be
21paid by the locality for which services are rendered.
22    (a-5) The Department of Public Health may levy a fine on
23any institution or entity that it licenses or regulates for
24failing to comply with a lawful order made by the Department or
25for otherwise violating an Act that the Department has the
26responsibility of administering.

 

 

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1    (b) Subject to the provisions of subsection (c), the
2Department may order a person or group of persons to be
3quarantined or isolated or may order a place to be closed and
4made off limits to the public to prevent the probable spread of
5a dangerously contagious or infectious disease, including
6non-compliant tuberculosis patients, until such time as the
7condition can be corrected or the danger to the public health
8eliminated or reduced in such a manner that no substantial
9danger to the public's health any longer exists. Orders for
10isolation of a person or quarantine of a place to prevent the
11probable spread of a sexually transmissible disease shall be
12governed by the provisions of Section 7 of the Illinois
13Sexually Transmissible Disease Control Act and not this
14Section.
15    (c) Except as provided in this Section, no person or a
16group of persons may be ordered to be quarantined or isolated
17and no place may be ordered to be closed and made off limits to
18the public except with the consent of the person or owner of
19the place or upon the prior order of a court of competent
20jurisdiction. The Department may, however, order a person or a
21group of persons to be quarantined or isolated or may order a
22place to be closed and made off limits to the public on an
23immediate basis without prior consent or court order if, in the
24reasonable judgment of the Department, immediate action is
25required to protect the public from a dangerously contagious or
26infectious disease. In the event of an immediate order issued

 

 

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1without prior consent or court order, the Department shall, as
2soon as practical, within 48 hours after issuing the order,
3obtain the consent of the person or owner or file a petition
4requesting a court order authorizing the isolation or
5quarantine or closure. When exigent circumstances exist that
6cause the court system to be unavailable or that make it
7impossible to obtain consent or file a petition within 48 hours
8after issuance of an immediate order, the Department must
9obtain consent or file a petition requesting a court order as
10soon as reasonably possible. To obtain a court order, the
11Department, by clear and convincing evidence, must prove that
12the public's health and welfare are significantly endangered by
13a person or group of persons that has, that is suspected of
14having, that has been exposed to, or that is reasonably
15believed to have been exposed to a dangerously contagious or
16infectious disease including non-compliant tuberculosis
17patients or by a place where there is a significant amount of
18activity likely to spread a dangerously contagious or
19infectious disease. The Department must also prove that all
20other reasonable means of correcting the problem have been
21exhausted and no less restrictive alternative exists. For
22purposes of this subsection, in determining whether no less
23restrictive alternative exists, the court shall consider
24evidence showing that, under the circumstances presented by the
25case in which an order is sought, quarantine or isolation is
26the measure provided for in a rule of the Department or in

 

 

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1guidelines issued by the Centers for Disease Control and
2Prevention or the World Health Organization. Persons who are or
3are about to be ordered to be isolated or quarantined and
4owners of places that are or are about to be closed and made
5off limits to the public shall have the right to counsel. If a
6person or owner is indigent, then the court shall appoint
7counsel for that person or owner. Persons who are ordered to be
8isolated or quarantined or who are owners of places that are
9ordered to be closed and made off limits to the public, shall
10be given a written notice of such order. The written notice
11shall additionally include the following: (1) notice of the
12right to counsel; (2) notice that if the person or owner is
13indigent, then the court will appoint counsel for that person
14or owner; (3) notice of the reason for the order for isolation,
15quarantine, or closure; (4) notice of whether the order is an
16immediate order, and if so, then the time frame for the
17Department to seek consent or to file a petition requesting a
18court order as set out in this subsection; and (5) notice of
19the anticipated duration of the isolation, quarantine, or
20closure.
21    (d) The Department may order physical examinations and
22tests and collect laboratory specimens as necessary for the
23diagnosis or treatment of individuals in order to prevent the
24probable spread of a dangerously contagious or infectious
25disease. Physical examinations, tests, or collection of
26laboratory specimens must not be such as are reasonably likely

 

 

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1to lead to serious harm to the affected individual. To prevent
2the spread of a dangerously contagious or infectious disease,
3the Department may, pursuant to the provisions of subsection
4(c) of this Section, isolate or quarantine any person whose
5refusal of physical examination or testing or collection of
6laboratory specimens results in uncertainty regarding whether
7he or she has been exposed to or is infected with a dangerously
8contagious or infectious disease or otherwise poses a danger to
9the public's health. An individual may refuse to consent to a
10physical examination, test, or collection of laboratory
11specimens. An individual shall be given a written notice that
12shall include notice of the following: (i) that the individual
13may refuse to consent to physical examination, test, or
14collection of laboratory specimens; (ii) that if the individual
15consents to physical examination, tests, or collection of
16laboratory specimens, then the results of that examination,
17test, or collection of laboratory specimens may subject the
18individual to isolation or quarantine pursuant to the
19provisions of subsection (c) of this Section; (iii) that if the
20individual refuses to consent to physical examination, tests,
21or collection of laboratory specimens and that refusal results
22in uncertainty regarding whether he or she has been exposed to
23or is infected with a dangerously contagious or infectious
24disease or otherwise poses a danger to the public's health,
25then the individual may be subject to isolation or quarantine
26pursuant to the provisions of subsection (c) of this Section;

 

 

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1and (iv) that if the individual refuses to consent to physical
2examinations, tests, or collection of laboratory specimens and
3becomes subject to isolation and quarantine as provided in this
4subsection (d), then he or she shall have the right to counsel
5pursuant to the provisions of subsection (c) of this Section.
6To the extent feasible without endangering the public's health,
7the Department shall respect and accommodate the religious
8beliefs of individuals in implementing this subsection.
9    (e) The Department may order the administration of
10vaccines, medications, or other treatments to persons as
11necessary in order to prevent the probable spread of a
12dangerously contagious or infectious disease. A vaccine,
13medication, or other treatment to be administered must not be
14such as is reasonably likely to lead to serious harm to the
15affected individual. To prevent the spread of a dangerously
16contagious or infectious disease, the Department may, pursuant
17to the provisions of subsection (c) of this Section, isolate or
18quarantine persons who are unable or unwilling to receive
19vaccines, medications, or other treatments pursuant to this
20Section. An individual may refuse to receive vaccines,
21medications, or other treatments. An individual shall be given
22a written notice that shall include notice of the following:
23(i) that the individual may refuse to consent to vaccines,
24medications, or other treatments; (ii) that if the individual
25refuses to receive vaccines, medications, or other treatments,
26then the individual may be subject to isolation or quarantine

 

 

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1pursuant to the provisions of subsection (c) of this Section;
2and (iii) that if the individual refuses to receive vaccines,
3medications, or other treatments and becomes subject to
4isolation or quarantine as provided in this subsection (e),
5then he or she shall have the right to counsel pursuant to the
6provisions of subsection (c) of this Section. To the extent
7feasible without endangering the public's health, the
8Department shall respect and accommodate the religious beliefs
9of individuals in implementing this subsection.
10    (f) The Department may order observation and monitoring of
11persons to prevent the probable spread of a dangerously
12contagious or infectious disease. To prevent the spread of a
13dangerously contagious or infectious disease, the Department
14may, pursuant to the provisions of subsection (c) of this
15Section, isolate or quarantine persons whose refusal to undergo
16observation and monitoring results in uncertainty regarding
17whether he or she has been exposed to or is infected with a
18dangerously contagious or infectious disease or otherwise
19poses a danger to the public's health. An individual may refuse
20to undergo observation and monitoring. An individual shall be
21given written notice that shall include notice of the
22following: (i) that the individual may refuse to undergo
23observation and monitoring; (ii) that if the individual
24consents to observation and monitoring, then the results of
25that observation and monitoring may subject the individual to
26isolation or quarantine pursuant to the provisions of

 

 

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1subsection (c) of this Section; (iii) that if the individual
2refuses to undergo observation and monitoring and that refusal
3results in uncertainty regarding whether he or she has been
4exposed to or is infected with a dangerously contagious or
5infectious disease or otherwise poses a danger to the public's
6health, then the individual may be subject to isolation or
7quarantine pursuant to the provisions of subsection (c) of this
8Section; and (iv) that if the individual refuses to undergo
9observation and monitoring and becomes subject to isolation or
10quarantine as provided in this subsection (f), then he or she
11shall have the right to counsel pursuant to the provisions of
12subsection (c) of this Section.
13    (g) To prevent the spread of a dangerously contagious or
14infectious disease among humans, the Department may examine,
15test, disinfect, seize, or destroy animals or other related
16property believed to be sources of infection. An owner of such
17animal or other related property shall be given written notice
18regarding such examination, testing, disinfection, seizure, or
19destruction. When the Department determines that any animal or
20related property is infected with or has been exposed to a
21dangerously contagious or infectious disease, it may agree with
22the owner upon the value of the animal or of any related
23property that it may be found necessary to destroy, and in case
24such an agreement cannot be made, the animals or related
25property shall be appraised by 3 competent and disinterested
26appraisers, one to be selected by the Department, one by the

 

 

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1claimant, and one by the 2 appraisers thus selected. The
2appraisers shall subscribe to an oath made in writing to fairly
3value the animals or related property in accordance with the
4requirements of this Act. The oath, together with the valuation
5fixed by the appraisers, shall be filed with the Department and
6preserved by it. Upon the appraisal being made, the owner or
7the Department shall immediately destroy the animals by "humane
8euthanasia" as that term is defined in Section 2.09 of the
9Humane Care for Animals Act. Dogs and cats, however, shall be
10euthanized pursuant to the provisions of the Humane Euthanasia
11in Animal Shelters Act. The owner or the Department shall
12additionally, dispose of the carcasses, and disinfect, change,
13or destroy the premises occupied by the animals, in accordance
14with rules prescribed by the Department governing such
15destruction and disinfection. Upon his or her failure so to do
16or to cooperate with the Department, the Department shall cause
17the animals or related property to be destroyed and disposed of
18in the same manner, and thereupon the owner shall forfeit all
19right to receive any compensation for the destruction of the
20animals or related property. All final administrative
21decisions of the Department hereunder shall be subject to
22judicial review pursuant to the provisions of the
23Administrative Review Law, and all amendments and
24modifications thereof, and the rules adopted pursuant thereto.
25The term "administrative decision" is defined as in Section
263-101 of the Code of Civil Procedure.

 

 

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1    (h) To prevent the spread of a dangerously contagious or
2infectious disease, the Department, local boards of health, and
3local public health authorities shall have emergency access to
4medical or health information or records or data upon the
5condition that the Department, local boards of health, and
6local public health authorities shall protect the privacy and
7confidentiality of any medical or health information or records
8or data obtained pursuant to this Section in accordance with
9federal and State law. Additionally, any such medical or health
10information or records or data shall be exempt from inspection
11and copying under the Freedom of Information Act. Other than a
12hearing for the purpose of this Act, any information, records,
13reports, statements, notes, memoranda, or other data in the
14possession of the Department, local boards of health, or local
15public health authorities shall not be admissible as evidence,
16nor discoverable in any action of any kind in any court or
17before any tribunal, board, agency, or person. The access to or
18disclosure of any of this information or data by the
19Department, a local board of health, or a local public
20authority shall not waive or have any effect upon its
21non-discoverability or non-admissibility. Any person,
22facility, institution, or agency that provides emergency
23access to health information and data under this subsection
24shall have immunity from any civil or criminal liability, or
25any other type of liability that might otherwise result by
26reason of these actions except in the event of willful and

 

 

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1wanton misconduct. The privileged quality of communication
2between any professional person or any facility shall not
3constitute grounds for failure to provide emergency access.
4Nothing in this subsection shall prohibit the sharing of
5information as authorized in Section 2.1 of this Act. The
6disclosure of any of this information, records, reports,
7statements, notes, memoranda, or other data obtained in any
8activity under this Act, except that necessary for the purposes
9of this Act, is unlawful, and any person convicted of violating
10this provision is guilty of a Class A misdemeanor.
11        (i) (A) The Department, in order to prevent and control
12    disease, injury, or disability among citizens of the State
13    of Illinois, may develop and implement, in consultation
14    with local public health authorities, a Statewide system
15    for syndromic data collection through the access to
16    interoperable networks, information exchanges, and
17    databases. The Department may also develop a system for the
18    reporting of comprehensive, integrated data to identify
19    and address unusual occurrences of disease symptoms and
20    other medical complexes affecting the public's health.
21        (B) The Department may enter into contracts or
22    agreements with individuals, corporations, hospitals,
23    universities, not-for-profit corporations, governmental
24    entities, or other organizations, whereby those
25    individuals or entities agree to provide assistance in the
26    compilation of the syndromic data collection and reporting

 

 

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1    system.
2        (C) The Department shall not release any syndromic data
3    or information obtained pursuant to this subsection to any
4    individuals or entities for purposes other than the
5    protection of the public health. All access to data by the
6    Department, reports made to the Department, the identity of
7    or facts that would tend to lead to the identity of the
8    individual who is the subject of the report, and the
9    identity of or facts that would tend to lead to the
10    identity of the author of the report shall be strictly
11    confidential, are not subject to inspection or
12    dissemination, and shall be used only for public health
13    purposes by the Department, local public health
14    authorities, or the Centers for Disease Control and
15    Prevention. Entities or individuals submitting reports or
16    providing access to the Department shall not be held liable
17    for the release of information or confidential data to the
18    Department in accordance with this subsection.
19        (D) Nothing in this subsection prohibits the sharing of
20    information as authorized in Section 2.1 of this Act.
21    (j) This Section shall be considered supplemental to the
22existing authority and powers of the Department and shall not
23be construed to restrain or restrict the Department in
24protecting the public health under any other provisions of the
25law.
26    (k) Any person who knowingly or maliciously disseminates

 

 

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1any false information or report concerning the existence of any
2dangerously contagious or infectious disease in connection
3with the Department's power of quarantine, isolation and
4closure or refuses to comply with a quarantine, isolation or
5closure order is guilty of a Class A misdemeanor.
6    (l) The Department of Public Health may establish and
7maintain a chemical and bacteriologic laboratory for the
8examination of water and wastes, and for the diagnosis of
9diphtheria, typhoid fever, tuberculosis, malarial fever and
10such other diseases as it deems necessary for the protection of
11the public health.
12    As used in this Act, "locality" means any governmental
13agency which exercises power pertaining to public health in an
14area less than the State.
15    The terms "sanitary investigations and inspections" and
16"sanitary practices" as used in this Act shall not include or
17apply to "Public Water Supplies" or "Sewage Works" as defined
18in the Environmental Protection Act. The Department may adopt
19rules that are reasonable and necessary to implement and
20effectuate this amendatory Act of the 93rd General Assembly.
21    (m) The public health measures set forth in subsections (a)
22through (h) of this Section may be used by the Department to
23respond to chemical, radiological, or nuclear agents or events.
24The individual provisions of subsections (a) through (h) of
25this Section apply to any order issued by the Department under
26this Section. The provisions of subsection (k) apply to

 

 

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1chemical, radiological, or nuclear agents or events. Prior to
2the Department issuing an order for public health measures set
3forth in this Act for chemical, radiological, or nuclear agents
4or events as authorized in subsection (m), the Department and
5the Illinois Emergency Management Agency shall consult in
6accordance with the Illinois emergency response framework.
7When responding to chemical, radiological, or nuclear agents or
8events, the Department shall determine the health related risks
9and appropriate public health response measures and provide
10recommendations for response to the Illinois Emergency
11Management Agency. Nothing in this Section shall supersede the
12current National Incident Management System and the Illinois
13Emergency Operation Plan or response plans and procedures
14established pursuant to IEMA statutes.
15(Source: P.A. 96-698, eff. 8-25-09.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.