093_SB1742ham001

 










                                     LRB093 10842 MKM 16987 a

 1                    AMENDMENT TO SENATE BILL 1742

 2        AMENDMENT NO.     .  Amend Senate Bill 1742 by  replacing
 3    the title with the following:
 4        "AN ACT concerning public health"; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 5.  The  Department  of  Public  Health  Act  is
 8    amended by changing Section 2 as follows:

 9        (20 ILCS 2305/2) (from Ch. 111 1/2, par. 22)
10        Sec. 2.  Powers.
11        (a)  The  State  Department  of Public Health has general
12    supervision of the interests of the health and lives  of  the
13    people  of the State.  It has supreme authority in matters of
14    quarantine, and may declare and enforce quarantine when  none
15    exists,  and  may modify or relax quarantine when it has been
16    established.  The Department may  adopt,  promulgate,  repeal
17    and  amend  rules  and  regulations  and  make  such sanitary
18    investigations and inspections as it may from  time  to  time
19    deem  necessary  for  the preservation and improvement of the
20    public health, consistent with law regulating the following:
21             (1)  Transportation  of  the  remains  of   deceased
 
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 1        persons.
 2             (2)  Sanitary  practices  relating to drinking water
 3        made accessible to the public for  human  consumption  or
 4        for lavatory or culinary purposes.
 5             (3)  Sanitary   practices   relating  to  rest  room
 6        facilities made accessible to the public  or  to  persons
 7        handling food served to the public.
 8             (4)  Sanitary  practices  relating  to  disposal  of
 9        human  wastes  in  or from all buildings and places where
10        people live, work or assemble.
11        The provisions of the Illinois  Administrative  Procedure
12    Act  are  hereby  expressly  adopted  and  shall apply to all
13    administrative rules and  procedures  of  the  Department  of
14    Public Health under this Act, except that Section 5-35 of the
15    Illinois  Administrative Procedure Act relating to procedures
16    for rule-making does not apply to the adoption  of  any  rule
17    required   by  federal  law  in  connection  with  which  the
18    Department  is  precluded  by   law   from   exercising   any
19    discretion.
20        All  local  boards  of  health,  health  authorities  and
21    officers,  police  officers,  sheriffs and all other officers
22    and employees of the state or any locality shall enforce  the
23    rules and regulations so adopted.
24        The  Department  of  Public Health shall conduct a public
25    information campaign to inform Hispanic  women  of  the  high
26    incidence  of  breast cancer and the importance of mammograms
27    and where to obtain a  mammogram.  This  requirement  may  be
28    satisfied by translation into Spanish and distribution of the
29    breast  cancer  summaries required by Section 2310-345 of the
30    Department of Public Health Powers and Duties  Law  (20  ILCS
31    2310/2310-345). The information provided by the Department of
32    Public  Health shall include (i) a statement that mammography
33    is the most accurate method for making an early detection  of
34    breast  cancer, however, no diagnostic tool is 100% effective
 
                            -3-      LRB093 10842 MKM 16987 a
 1    and (ii) instructions for performing breast  self-examination
 2    and  a  statement  that  it  is important to perform a breast
 3    self-examination monthly.
 4        The Department of Public  Health  shall  investigate  the
 5    causes  of  dangerously  contagious  or  infectious diseases,
 6    especially when existing in epidemic form, and take means  to
 7    restrict  and  suppress  the  same, and whenever such disease
 8    becomes, or threatens to become epidemic, in any locality and
 9    the local board of health or  local  authorities  neglect  or
10    refuse  to  enforce efficient measures for its restriction or
11    suppression  or  to  act  with   sufficient   promptness   or
12    efficiency,  or  whenever  the local board of health or local
13    authorities neglect or refuse to promptly  enforce  efficient
14    measures  for  the  restriction or suppression of dangerously
15    contagious or infectious diseases, the Department  of  Public
16    Health  may  enforce  such  measures as it deems necessary to
17    protect the public health,  and  all  necessary  expenses  so
18    incurred shall be paid by the locality for which services are
19    rendered.
20        (b)  Subject  to  the  provisions  of subsection (c), the
21    Department may order a person to be quarantined  or  isolated
22    or  a place to be closed and made off limits to the public to
23    prevent the probable spread of a  dangerously  contagious  or
24    infectious   disease,  including  non-compliant  tuberculosis
25    patients, until such time as the condition can  be  corrected
26    or  the  danger to the public health eliminated or reduced in
27    such a manner that no  substantial  danger  to  the  public's
28    health any longer exists.
29        (c)  The  Department  may order a No person or a group of
30    persons may be ordered to be quarantined or isolated  or  may
31    order a and no place may be ordered to be closed and made off
32    limits to the public except with the consent of the person or
33    owner  of  the  place  or  upon the prior order of a court of
34    competent jurisdiction. In addition, the Department may order
 
                            -4-      LRB093 10842 MKM 16987 a
 1    a person or a group of persons to be quarantined or  isolated
 2    or  may order a place to be closed and made off limits to the
 3    public on an immediate basis without prior consent  or  court
 4    order if, in the judgment of the Department, immediate action
 5    is  required to protect the public health until the condition
 6    can be corrected or until the danger to the public health  is
 7    eliminated  or  reduced  in  such  a manner that no immediate
 8    threat to the public  health  exists.  In  the  event  of  an
 9    immediate  order issued without prior consent or court order,
10    the Department shall, as soon as reasonably practicable,  but
11    in  no  event  later  than  48 hours after issuing the order,
12    obtain the consent of the person or owner or file a  petition
13    requesting   a  court  order  authorizing  the  isolation  or
14    quarantine or closure. When exigent circumstances exist  that
15    make it untenable to obtain consent or file a petition within
16    48  hours  of  issuance of an immediate order, the Department
17    must obtain consent or file a  petition  requesting  a  court
18    order  as  soon  as  reasonably  possible.  To obtain a court
19    order, the Department, by clear and convincing evidence, must
20    prove that the public's health and welfare are  significantly
21    endangered  by a person or group of persons that has, that is
22    suspected of having, or that  has  been  exposed  to  with  a
23    dangerously   contagious   or  infectious  disease  including
24    non-compliant tuberculosis patients or by a place where there
25    is a significant  amount  of  activity  likely  to  spread  a
26    dangerously contagious or infectious disease.  The Department
27    must   also  prove  that    all  other  reasonable  means  of
28    correcting the  problem  have  been  exhausted  and  no  less
29    restrictive  alternative  exists.  The Department's burden of
30    proof under this subsection shall be satisfied upon a showing
31    that, under the circumstances presented by the case in  which
32    an  order  is  sought, quarantine or isolation is the measure
33    provided for in a rule of the  Department  or  in  guidelines
34    issued  by  the Centers for Disease Control and Prevention or
 
                            -5-      LRB093 10842 MKM 16987 a
 1    the World Health Organization. The Department  is  authorized
 2    to  promulgate  rules  that  are  reasonable and necessary to
 3    implement and effectuate the issuance of orders  pursuant  to
 4    this  Section,  including  rules  providing  for  due process
 5    protections.
 6        (d)  This Section shall be considered supplemental to the
 7    existing authority and powers of the Department and shall not
 8    be construed  to  restrain  or  restrict  the  Department  in
 9    protecting  the  public  health under any other provisions of
10    the law.
11        (e)  Any person who knowingly or maliciously disseminates
12    any false information or report concerning the  existence  of
13    any   dangerously   contagious   or   infectious  disease  in
14    connection  with  the  Department's  power   of   quarantine,
15    isolation and closure or refuses to comply with a quarantine,
16    isolation   or   closure   order  is  guilty  of  a  Class  A
17    misdemeanor.
18        (f)  The Department of Public Health  may  establish  and
19    maintain  a  chemical  and  bacteriologic  laboratory for the
20    examination of water and wastes, and  for  the  diagnosis  of
21    diphtheria,  typhoid  fever, tuberculosis, malarial fever and
22    such other diseases as it deems necessary for the  protection
23    of the public health.
24        As  used  in  this Act, "locality" means any governmental
25    agency which exercises power pertaining to public  health  in
26    an area less than the State.
27        The  terms  "sanitary investigations and inspections" and
28    "sanitary practices" as used in this Act shall not include or
29    apply to "Public Water Supplies" or "Sewage Works" as defined
30    in the Environmental Protection Act.
31    (Source: P.A. 91-239, eff. 1-1-00.)

32        Section 99.  Effective date.  This Act takes effect  upon
33    becoming law.".