Illinois General Assembly - Full Text of SB0174
Illinois General Assembly

Previous General Assemblies

Full Text of SB0174  97th General Assembly



SB0174 EnrolledLRB097 04016 JDS 44055 b

1    AN ACT concerning 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 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 entitled
10to lead healthy lives. Governmental public health has a
11specific responsibility to ensure that a public health system
12is in place to allow the public health mission to be achieved.
13The public health system is the collection of public, private,
14and voluntary entities as well as individuals and informal
15associations that contribute to the public's health within the
16State. To develop a public health system requires certain core
17functions to be performed by government. The State Board of
18Health is to assume the leadership role in advising the
19Director 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.



SB0174 Enrolled- 2 -LRB097 04016 JDS 44055 b

1    There shall be a State Board of Health composed of 19
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 physicians
6licensed to practice medicine in all its branches, one
7representing 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 physician.
10One member shall be a dentist; one an environmental health
11practitioner; one a local public health administrator; one a
12local board of health member; one a registered nurse; one a
13physical therapist; one a veterinarian; one a public health
14academician; one a health care industry representative; one a
15representative of the business community; one a representative
16of the non-profit public interest community; and 2 shall be
17citizens 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 this amendatory Act of the 93rd General Assembly, in
22the appointment of the Board of Health members appointed to
23vacancies or positions with terms expiring on or before
24December 31, 2004, the Governor shall appoint up to 6 members
25to serve for terms of 3 years; up to 6 members to serve for
26terms of 2 years; and up to 5 members to serve for a term of one



SB0174 Enrolled- 3 -LRB097 04016 JDS 44055 b

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



SB0174 Enrolled- 4 -LRB097 04016 JDS 44055 b

1    regarding priorities to the Governor through the Director.
2        (5) To present public health issues to the Director and
3    to make recommendations for the resolution of those issues.
4        (6) To recommend studies to delineate public health
5    problems.
6        (7) To make recommendations to the Governor through the
7    Director regarding the coordination of State public health
8    activities with other State and local public health
9    agencies and organizations.
10        (8) To report on or before February 1 of each year on
11    the health of the residents of Illinois to the Governor,
12    the General Assembly, and the public.
13        (9) To review the final draft of all proposed
14    administrative rules, other than emergency or preemptory
15    rules and those rules that another advisory body must
16    approve or review within a statutorily defined time period,
17    of the Department after September 19, 1991 (the effective
18    date of Public Act 87-633). The Board shall review the
19    proposed rules within 90 days of submission by the
20    Department. The Department shall take into consideration
21    any comments and recommendations of the Board regarding the
22    proposed rules prior to submission to the Secretary of
23    State for initial publication. If the Department disagrees
24    with the recommendations of the Board, it shall submit a
25    written response outlining the reasons for not accepting
26    the recommendations.



SB0174 Enrolled- 5 -LRB097 04016 JDS 44055 b

1        In the case of proposed administrative rules or
2    amendments to administrative rules regarding immunization
3    of children against preventable communicable diseases
4    designated by the Director under the Communicable Disease
5    Prevention Act, after the Immunization Advisory Committee
6    has made its recommendations, the Board shall conduct 3
7    public hearings, geographically distributed throughout the
8    State. At the conclusion of the hearings, the State Board
9    of Health shall issue a report, including its
10    recommendations, to the Director. The Director shall take
11    into consideration any comments or recommendations made by
12    the Board based on these hearings.
13        (10) To deliver to the Governor for presentation to the
14    General Assembly a State Health Improvement Plan. The first
15    3 and second such plans shall be delivered to the Governor
16    on January 1, 2006, and on January 1, 2009, and January 1,
17    2016 respectively, and then every 5 4 years thereafter.
18        The Plan shall recommend priorities and strategies to
19    improve the public health system and the health status of
20    Illinois residents, taking into consideration national
21    health objectives and system standards as frameworks for
22    assessment.
23        The Plan shall also take into consideration priorities
24    and strategies developed at the community level through the
25    Illinois Project for Local Assessment of Needs (IPLAN) and
26    any regional health improvement plans that may be



SB0174 Enrolled- 6 -LRB097 04016 JDS 44055 b

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



SB0174 Enrolled- 7 -LRB097 04016 JDS 44055 b

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



SB0174 Enrolled- 8 -LRB097 04016 JDS 44055 b

1    organizations. The Governor shall endeavor to make the
2    membership of the Council representative of the racial,
3    ethnic, gender, socio-economic, and geographic diversity
4    of the State. The Governor shall designate one State agency
5    representative and one other non-governmental member as
6    co-chairs of the Council. The Governor shall designate a
7    member of the Governor's office to serve as liaison to the
8    Council and one or more State agencies to provide or
9    arrange for support to the Council. The members of the SHIP
10    Implementation Coordination Council for each State Health
11    Improvement Plan shall serve until the delivery of the
12    subsequent State Health Improvement Plan, whereupon a new
13    Council shall be appointed. Members of the SHIP Planning
14    Team may serve on the SHIP Implementation Coordination
15    Council if so appointed by the Governor.
16        The SHIP Implementation Coordination Council shall
17    coordinate the efforts and engagement of the public,
18    private, and voluntary sector stakeholders and
19    participants in the public health system to implement each
20    SHIP. The Council shall serve as a forum for collaborative
21    action; coordinate existing and new initiatives; develop
22    detailed implementation steps, with mechanisms for action;
23    implement specific projects; identify public and private
24    funding sources at the local, State and federal level;
25    promote public awareness of the SHIP; advocate for the
26    implementation of the SHIP; and develop an annual report to



SB0174 Enrolled- 9 -LRB097 04016 JDS 44055 b

1    the Governor, General Assembly, and public regarding the
2    status of implementation of the SHIP. The Council shall
3    not, however, have the authority to direct any public or
4    private entity to take specific action to implement the
5    SHIP.
6        (11) Upon the request of the Governor, to recommend to
7    the Governor candidates for Director of Public Health when
8    vacancies occur in the position.
9        (12) To adopt bylaws for the conduct of its own
10    business, including the authority to establish ad hoc
11    committees to address specific public health programs
12    requiring resolution.
13        (13) To review and comment upon the Comprehensive
14    Health Plan submitted by the Center for Comprehensive
15    Health Planning as provided under Section 2310-217 of the
16    Department of Public Health Powers and Duties Law of the
17    Civil Administrative Code of Illinois.
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



SB0174 Enrolled- 10 -LRB097 04016 JDS 44055 b

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 shall
11appoint 3 members to serve for terms of 1 year, 3 for terms of 2
12years, and 3 for terms of 3 years. The members first appointed
13under Public Act 83-1538 shall serve for a term of 3 years. All
14members appointed thereafter shall be appointed for terms of 3
15years, except that when an appointment is made to fill a
16vacancy, the appointment shall be for the remaining term of the
17position vacant. The members of the Board shall be citizens of
18the State of Illinois. In the appointment of members of the
19Advisory Board the Governor shall appoint 3 members who shall
20be persons licensed to practice medicine and surgery in the
21State of Illinois, at least 2 of whom shall have received
22post-graduate training in the field of pathology; 3 members who
23are duly elected coroners in this State; and 5 members who
24shall have interest and abilities in the field of forensic
25medicine but who shall be neither persons licensed to practice
26any branch of medicine in this State nor coroners. In the



SB0174 Enrolled- 11 -LRB097 04016 JDS 44055 b

1appointment of medical and coroner members of the Board, the
2Governor shall invite nominations from recognized medical and
3coroners 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. 96-31, eff. 6-30-09; 96-455, eff. 8-14-09;
896-1000, eff. 7-2-10; 96-1153, eff. 7-21-10.)