97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4070

 

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. Provides that any institution or entity licensed under the Nursing Home Care Act and subject to fines and penalties under that Act is exempt from the provision concerning fines for failure to comply with a lawful order made by the Department. 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. Any institution or entity

 

 

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

 

 

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

 

 

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1evidence showing that, under the circumstances presented by the
2case in which an order is sought, quarantine or isolation is
3the measure provided for in a rule of the Department or in
4guidelines issued by the Centers for Disease Control and
5Prevention or the World Health Organization. Persons who are or
6are about to be ordered to be isolated or quarantined and
7owners of places that are or are about to be closed and made
8off limits to the public shall have the right to counsel. If a
9person or owner is indigent, then the court shall appoint
10counsel for that person or owner. Persons who are ordered to be
11isolated or quarantined or who are owners of places that are
12ordered to be closed and made off limits to the public, shall
13be given a written notice of such order. The written notice
14shall additionally include the following: (1) notice of the
15right to counsel; (2) notice that if the person or owner is
16indigent, then the court will appoint counsel for that person
17or owner; (3) notice of the reason for the order for isolation,
18quarantine, or closure; (4) notice of whether the order is an
19immediate order, and if so, then the time frame for the
20Department to seek consent or to file a petition requesting a
21court order as set out in this subsection; and (5) notice of
22the anticipated duration of the isolation, quarantine, or
23closure.
24    (d) The Department may order physical examinations and
25tests and collect laboratory specimens as necessary for the
26diagnosis or treatment of individuals in order to prevent the

 

 

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1probable spread of a dangerously contagious or infectious
2disease. Physical examinations, tests, or collection of
3laboratory specimens must not be such as are reasonably likely
4to lead to serious harm to the affected individual. To prevent
5the spread of a dangerously contagious or infectious disease,
6the Department may, pursuant to the provisions of subsection
7(c) of this Section, isolate or quarantine any person whose
8refusal of physical examination or testing or collection of
9laboratory specimens results in uncertainty regarding whether
10he or she has been exposed to or is infected with a dangerously
11contagious or infectious disease or otherwise poses a danger to
12the public's health. An individual may refuse to consent to a
13physical examination, test, or collection of laboratory
14specimens. An individual shall be given a written notice that
15shall include notice of the following: (i) that the individual
16may refuse to consent to physical examination, test, or
17collection of laboratory specimens; (ii) that if the individual
18consents to physical examination, tests, or collection of
19laboratory specimens, then the results of that examination,
20test, or collection of laboratory specimens may subject the
21individual to isolation or quarantine pursuant to the
22provisions of subsection (c) of this Section; (iii) that if the
23individual refuses to consent to physical examination, tests,
24or collection of laboratory specimens and that refusal results
25in uncertainty regarding whether he or she has been exposed to
26or is infected with a dangerously contagious or infectious

 

 

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

 

 

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

 

 

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1consents to observation and monitoring, then the results of
2that observation and monitoring may subject the individual to
3isolation or quarantine pursuant to the provisions of
4subsection (c) of this Section; (iii) that if the individual
5refuses to undergo observation and monitoring and that refusal
6results in uncertainty regarding whether he or she has been
7exposed to or is infected with a dangerously contagious or
8infectious disease or otherwise poses a danger to the public's
9health, then the individual may be subject to isolation or
10quarantine pursuant to the provisions of subsection (c) of this
11Section; and (iv) that if the individual refuses to undergo
12observation and monitoring and becomes subject to isolation or
13quarantine as provided in this subsection (f), then he or she
14shall have the right to counsel pursuant to the provisions of
15subsection (c) of this Section.
16    (g) To prevent the spread of a dangerously contagious or
17infectious disease among humans, the Department may examine,
18test, disinfect, seize, or destroy animals or other related
19property believed to be sources of infection. An owner of such
20animal or other related property shall be given written notice
21regarding such examination, testing, disinfection, seizure, or
22destruction. When the Department determines that any animal or
23related property is infected with or has been exposed to a
24dangerously contagious or infectious disease, it may agree with
25the owner upon the value of the animal or of any related
26property that it may be found necessary to destroy, and in case

 

 

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1such an agreement cannot be made, the animals or related
2property shall be appraised by 3 competent and disinterested
3appraisers, one to be selected by the Department, one by the
4claimant, and one by the 2 appraisers thus selected. The
5appraisers shall subscribe to an oath made in writing to fairly
6value the animals or related property in accordance with the
7requirements of this Act. The oath, together with the valuation
8fixed by the appraisers, shall be filed with the Department and
9preserved by it. Upon the appraisal being made, the owner or
10the Department shall immediately destroy the animals by "humane
11euthanasia" as that term is defined in Section 2.09 of the
12Humane Care for Animals Act. Dogs and cats, however, shall be
13euthanized pursuant to the provisions of the Humane Euthanasia
14in Animal Shelters Act. The owner or the Department shall
15additionally, dispose of the carcasses, and disinfect, change,
16or destroy the premises occupied by the animals, in accordance
17with rules prescribed by the Department governing such
18destruction and disinfection. Upon his or her failure so to do
19or to cooperate with the Department, the Department shall cause
20the animals or related property to be destroyed and disposed of
21in the same manner, and thereupon the owner shall forfeit all
22right to receive any compensation for the destruction of the
23animals or related property. All final administrative
24decisions of the Department hereunder shall be subject to
25judicial review pursuant to the provisions of the
26Administrative Review Law, and all amendments and

 

 

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1modifications thereof, and the rules adopted pursuant thereto.
2The term "administrative decision" is defined as in Section
33-101 of the Code of Civil Procedure.
4    (h) To prevent the spread of a dangerously contagious or
5infectious disease, the Department, local boards of health, and
6local public health authorities shall have emergency access to
7medical or health information or records or data upon the
8condition that the Department, local boards of health, and
9local public health authorities shall protect the privacy and
10confidentiality of any medical or health information or records
11or data obtained pursuant to this Section in accordance with
12federal and State law. Additionally, any such medical or health
13information or records or data shall be exempt from inspection
14and copying under the Freedom of Information Act. Other than a
15hearing for the purpose of this Act, any information, records,
16reports, statements, notes, memoranda, or other data in the
17possession of the Department, local boards of health, or local
18public health authorities shall not be admissible as evidence,
19nor discoverable in any action of any kind in any court or
20before any tribunal, board, agency, or person. The access to or
21disclosure of any of this information or data by the
22Department, a local board of health, or a local public
23authority shall not waive or have any effect upon its
24non-discoverability or non-admissibility. Any person,
25facility, institution, or agency that provides emergency
26access to health information and data under this subsection

 

 

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

 

 

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

 

 

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

 

 

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1The individual provisions of subsections (a) through (h) of
2this Section apply to any order issued by the Department under
3this Section. The provisions of subsection (k) apply to
4chemical, radiological, or nuclear agents or events. Prior to
5the Department issuing an order for public health measures set
6forth in this Act for chemical, radiological, or nuclear agents
7or events as authorized in subsection (m), the Department and
8the Illinois Emergency Management Agency shall consult in
9accordance with the Illinois emergency response framework.
10When responding to chemical, radiological, or nuclear agents or
11events, the Department shall determine the health related risks
12and appropriate public health response measures and provide
13recommendations for response to the Illinois Emergency
14Management Agency. Nothing in this Section shall supersede the
15current National Incident Management System and the Illinois
16Emergency Operation Plan or response plans and procedures
17established pursuant to IEMA statutes.
18(Source: P.A. 96-698, eff. 8-25-09.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.