Full Text of HB1292 96th General Assembly
HB1292 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB1292
Introduced 2/18/2009, by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED: |
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20 ILCS 5/5-565 |
was 20 ILCS 5/6.06 |
210 ILCS 60/15 |
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Amends the Civil Administrative Code of Illinois; adds a chiropractic physician as a member of the State Board of Health. Amends the Hospice Program Licensing Act. Adds the following as a member of the Hospice and Palliative Care Advisory Board: a chiropractic physician, selected from the recommendations of the statewide chiropractic society representing the largest number of chiropractic physicians in the State. Provides that the chiropractic physician member shall serve for a term of 4 years. Effective immediately.
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A BILL FOR
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HB1292 |
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LRB096 03190 DRJ 13773 b |
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Civil Administrative Code of Illinois is | 5 |
| amended by changing Section 5-565 as follows:
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| (20 ILCS 5/5-565) (was 20 ILCS 5/6.06)
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| Sec. 5-565. In the Department of Public Health.
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| (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
system is in place to | 12 |
| allow the public health mission to be achieved. To
develop a | 13 |
| system requires certain core functions to be performed by
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| government. The State Board of Health is to assume the | 15 |
| leadership role in
advising the Director in meeting the | 16 |
| following functions:
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| (1) Needs assessment.
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| (2) Statewide health objectives.
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| (3) Policy development.
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| (4) Assurance of access to necessary services.
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| There shall be a State Board of Health composed of 18 17 | 22 |
| persons,
all of
whom shall be appointed by the Governor, with | 23 |
| the advice and consent of the
Senate for those appointed by the |
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LRB096 03190 DRJ 13773 b |
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| Governor on and after June 30, 1998,
and one of whom shall be a
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| senior citizen age 60 or over. Five members shall be physicians | 3 |
| licensed
to practice medicine in all its branches, one | 4 |
| representing a medical school
faculty, one who is board | 5 |
| certified in preventive medicine, and one who is
engaged in | 6 |
| private practice. One member shall be a chiropractic physician. | 7 |
| One member shall be a dentist; one an
environmental health | 8 |
| practitioner; one a local public health administrator;
one a | 9 |
| local board of health member; one a registered nurse; one a
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| veterinarian; one a public health academician; one a health | 11 |
| care industry
representative; one a representative of the | 12 |
| business community; one a representative of the non-profit | 13 |
| public interest community; and 2 shall be citizens at large.
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| The terms of Board of Health members shall be 3 years, | 15 |
| except that members shall continue to serve on the Board of | 16 |
| Health until a replacement is appointed. Upon the effective | 17 |
| date of this amendatory Act of the 93rd General Assembly, in | 18 |
| the appointment of the Board of Health members appointed to | 19 |
| vacancies or positions with terms expiring on or before | 20 |
| December 31, 2004, the Governor shall appoint up to 6 members | 21 |
| to serve for terms of 3 years; up to 6 members to serve for | 22 |
| terms of 2 years; and up to 5 members to serve for a term of one | 23 |
| year, so that the term of no more than 6 members expire in the | 24 |
| same year.
All members shall
be legal residents of the State of | 25 |
| Illinois. The duties of the Board shall
include, but not be | 26 |
| limited to, the following:
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| (1) To advise the Department of ways to encourage | 2 |
| public understanding
and support of the Department's | 3 |
| programs.
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| (2) To evaluate all boards, councils, committees, | 5 |
| authorities, and
bodies
advisory to, or an adjunct of, the | 6 |
| Department of Public Health or its
Director for the purpose | 7 |
| of recommending to the Director one or
more of the | 8 |
| following:
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| (i) The elimination of bodies whose activities
are | 10 |
| not consistent with goals and objectives of the | 11 |
| Department.
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| (ii) The consolidation of bodies whose activities | 13 |
| encompass
compatible programmatic subjects.
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| (iii) The restructuring of the relationship | 15 |
| between the various
bodies and their integration | 16 |
| within the organizational structure of the
Department.
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| (iv) The establishment of new bodies deemed | 18 |
| essential to the
functioning of the Department.
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| (3) To serve as an advisory group to the Director for
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| public health emergencies and
control of health hazards.
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| (4) To advise the Director regarding public health | 22 |
| policy,
and to make health policy recommendations | 23 |
| regarding priorities to the
Governor through the Director.
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| (5) To present public health issues to the Director and | 25 |
| to make
recommendations for the resolution of those issues.
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| (6) To recommend studies to delineate public health |
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LRB096 03190 DRJ 13773 b |
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| problems.
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| (7) To make recommendations to the Governor through the | 3 |
| Director
regarding the coordination of State public health | 4 |
| activities with other
State and local public health | 5 |
| agencies and organizations.
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| (8) To report on or before February 1 of each year on | 7 |
| the health of the
residents of Illinois to the Governor, | 8 |
| the General Assembly, and the
public.
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| (9) To review the final draft of all proposed | 10 |
| administrative rules,
other than emergency or preemptory | 11 |
| rules and those rules that another
advisory body must | 12 |
| approve or review within a statutorily defined time
period, | 13 |
| of the Department after September 19, 1991 (the effective | 14 |
| date of
Public Act
87-633). The Board shall review the | 15 |
| proposed rules within 90
days of
submission by the | 16 |
| Department. The Department shall take into consideration
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| any comments and recommendations of the Board regarding the | 18 |
| proposed rules
prior to submission to the Secretary of | 19 |
| State for initial publication. If
the Department disagrees | 20 |
| with the recommendations of the Board, it shall
submit a | 21 |
| written response outlining the reasons for not accepting | 22 |
| the
recommendations.
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| In the case of proposed administrative rules or | 24 |
| amendments to
administrative
rules regarding immunization | 25 |
| of children against preventable communicable
diseases | 26 |
| designated by the Director under the Communicable Disease |
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| Prevention
Act, after the Immunization Advisory Committee | 2 |
| has made its
recommendations, the Board shall conduct 3 | 3 |
| public hearings, geographically
distributed
throughout the | 4 |
| State. At the conclusion of the hearings, the State Board | 5 |
| of
Health shall issue a report, including its | 6 |
| recommendations, to the Director.
The Director shall take | 7 |
| into consideration any comments or recommendations made
by | 8 |
| the Board based on these hearings.
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| (10) To deliver to the Governor for presentation to the | 10 |
| General Assembly a State Health Improvement Plan. The first | 11 |
| and second such plans shall be delivered to the Governor on | 12 |
| January 1, 2006 and on January 1, 2009 respectively, and | 13 |
| then every 4 years thereafter. | 14 |
| The Plan shall recommend priorities and strategies to | 15 |
| improve the public health system and the health status of | 16 |
| Illinois residents, taking into consideration national | 17 |
| health objectives and system standards as frameworks for | 18 |
| assessment. | 19 |
| The Plan shall also take into consideration priorities | 20 |
| and strategies developed at the community level through the | 21 |
| Illinois Project for Local Assessment of Needs (IPLAN) and | 22 |
| any regional health improvement plans that may be | 23 |
| developed.
The Plan shall focus on prevention as a key | 24 |
| strategy for long-term health improvement in Illinois. | 25 |
| The Plan shall examine and make recommendations on the | 26 |
| contributions and strategies of the public and private |
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| sectors for improving health status and the public health | 2 |
| system in the State. In addition to recommendations on | 3 |
| health status improvement priorities and strategies for | 4 |
| the population of the State as a whole, the Plan shall make | 5 |
| recommendations regarding priorities and strategies for | 6 |
| reducing and eliminating health disparities in Illinois; | 7 |
| including racial, ethnic, gender, age, socio-economic and | 8 |
| geographic disparities. | 9 |
| The Director of the Illinois Department of Public | 10 |
| Health shall appoint a Planning Team that includes a range | 11 |
| of public, private, and voluntary sector stakeholders and | 12 |
| participants in the public health system. This Team shall | 13 |
| include: the directors of State agencies with public health | 14 |
| responsibilities (or their designees), including but not | 15 |
| limited to the Illinois Departments of Public Health and | 16 |
| Department of Human Services, representatives of local | 17 |
| health departments, representatives of local community | 18 |
| health partnerships, and individuals with expertise who | 19 |
| represent an array of organizations and constituencies | 20 |
| engaged in public health improvement and prevention. | 21 |
| The State Board of Health shall hold at least 3 public | 22 |
| hearings addressing drafts of the Plan in representative | 23 |
| geographic areas of the State.
Members of the Planning Team | 24 |
| shall receive no compensation for their services, but may | 25 |
| be reimbursed for their necessary expenses.
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| (11) Upon the request of the Governor, to recommend to |
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LRB096 03190 DRJ 13773 b |
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| the Governor
candidates for Director of Public Health when | 2 |
| vacancies occur in the position.
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| (12) To adopt bylaws for the conduct of its own | 4 |
| business, including the
authority to establish ad hoc | 5 |
| committees to address specific public health
programs | 6 |
| requiring resolution.
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| Upon appointment, the Board shall elect a chairperson from | 8 |
| among its
members.
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| Members of the Board shall receive compensation for their | 10 |
| services at the
rate of $150 per day, not to exceed $10,000 per | 11 |
| year, as designated by the
Director for each day required for | 12 |
| transacting the business of the Board
and shall be reimbursed | 13 |
| for necessary expenses incurred in the performance
of their | 14 |
| duties. The Board shall meet from time to time at the call of | 15 |
| the
Department, at the call of the chairperson, or upon the | 16 |
| request of 3 of its
members, but shall not meet less than 4 | 17 |
| times per year.
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| (b) (Blank).
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| (c) An Advisory Board on Necropsy Service to Coroners, | 20 |
| which shall
counsel and advise with the Director on the | 21 |
| administration of the Autopsy
Act. The Advisory Board shall | 22 |
| consist of 11 members, including
a senior citizen age 60 or | 23 |
| over, appointed by the Governor, one of
whom shall be | 24 |
| designated as chairman by a majority of the members of the
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| Board. In the appointment of the first Board the Governor shall | 26 |
| appoint 3
members to serve for terms of 1 year, 3 for terms of 2 |
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HB1292 |
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LRB096 03190 DRJ 13773 b |
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| years, and 3 for
terms of 3 years. The members first appointed | 2 |
| under Public Act 83-1538 shall serve for a term of 3 years. All | 3 |
| members appointed thereafter
shall be appointed for terms of 3 | 4 |
| years, except that when an
appointment is made
to fill a | 5 |
| vacancy, the appointment shall be for the remaining
term of the | 6 |
| position vacant. The members of the Board shall be citizens of
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| the State of Illinois. In the appointment of members of the | 8 |
| Advisory Board
the Governor shall appoint 3 members who shall | 9 |
| be persons licensed to
practice medicine and surgery in the | 10 |
| State of Illinois, at least 2 of whom
shall have received | 11 |
| post-graduate training in the field of pathology; 3
members who | 12 |
| are duly elected coroners in this State; and 5 members who
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| shall have interest and abilities in the field of forensic | 14 |
| medicine but who
shall be neither persons licensed to practice | 15 |
| any branch of medicine in
this State nor coroners. In the | 16 |
| appointment of medical and coroner members
of the Board, the | 17 |
| Governor shall invite nominations from recognized medical
and | 18 |
| coroners organizations in this State respectively. Board | 19 |
| members, while
serving on business of the Board, shall receive | 20 |
| actual necessary travel and
subsistence expenses while so | 21 |
| serving away from their places of residence.
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| (Source: P.A. 93-975, eff. 1-1-05.)
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| Section 10. The Hospice Program Licensing Act is amended by | 24 |
| changing Section 15 as follows: |
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HB1292 |
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LRB096 03190 DRJ 13773 b |
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| (210 ILCS 60/15) | 2 |
| Sec. 15. Hospice and Palliative Care Advisory Board. | 3 |
| (a) The Director shall appoint a Hospice and Palliative | 4 |
| Care Advisory Board ("the Board") to consult with the | 5 |
| Department as provided in this Section. The membership of the | 6 |
| Board shall be as follows: | 7 |
| (1) The Director, ex officio, who shall be a nonvoting | 8 |
| member and shall serve as chairman of the Board. | 9 |
| (2) One representative of each of the following State | 10 |
| agencies, each of whom shall be a nonvoting member: the | 11 |
| Department of
Healthcare and Family Services, the | 12 |
| Department of Human Services, and the Department on Aging. | 13 |
| (3) One member who is a physician licensed to
practice | 14 |
| medicine in all its branches, selected from the | 15 |
| recommendations of a statewide professional society | 16 |
| representing physicians licensed to practice medicine in | 17 |
| all its branches in all specialties ; and one member who is | 18 |
| a chiropractic physician, selected from the | 19 |
| recommendations of the statewide chiropractic society | 20 |
| representing the largest number of chiropractic physicians | 21 |
| in the State of Illinois . | 22 |
| (4) One member who is a registered nurse,
selected from | 23 |
| the recommendations of professional nursing associations. | 24 |
| (5) Four members selected from the
recommendations of | 25 |
| organizations whose primary membership consists of hospice | 26 |
| programs. |
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LRB096 03190 DRJ 13773 b |
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| (6) Two members who represent the general
public and | 2 |
| who have no responsibility for management or formation of | 3 |
| policy of a hospice program and no financial interest in a | 4 |
| hospice program. | 5 |
| (7) One member selected from the
recommendations of | 6 |
| consumer organizations that engage in advocacy or legal | 7 |
| representation on behalf of hospice patients and their | 8 |
| immediate families. | 9 |
| (b) Of the initial appointees, 4 shall serve for terms of 2 | 10 |
| years, 4 shall serve for terms of 3 years, and 5 shall serve | 11 |
| for terms of 4 years, as determined by lot at the first meeting | 12 |
| of the Board. Each successor member shall be appointed for a | 13 |
| term of 4 years. The chiropractic physician member shall serve | 14 |
| for a term of 4 years. A member appointed to fill a vacancy | 15 |
| before the expiration of the term for which his or her | 16 |
| predecessor was appointed shall be appointed to serve for the | 17 |
| remainder of that term. | 18 |
| (c) The Board shall meet as frequently as the chairman | 19 |
| deems necessary, but not less than 4 times each year. Upon the | 20 |
| request of 4 or more Board members, the chairman shall call a | 21 |
| meeting of the Board. A Board member may designate a | 22 |
| replacement to serve at a Board meeting in place of the member | 23 |
| by submitting a letter stating that designation to the chairman | 24 |
| before or at the Board meeting. The replacement member must | 25 |
| represent the same general interests as the member being | 26 |
| replaced, as described in paragraphs (1) through (7) of |
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| subsection (a). | 2 |
| (d) Board members are entitled to reimbursement for their | 3 |
| actual expenses incurred in performing their duties. | 4 |
| (e) The Board shall advise the Department on all aspects of | 5 |
| the Department's responsibilities under this Act, including | 6 |
| the format and content of any rules adopted by the Department | 7 |
| on or after the effective date of this amendatory Act of the | 8 |
| 95th General Assembly. Any such rule or amendment to a rule | 9 |
| proposed on or after the effective date of this amendatory Act | 10 |
| of the 95th General Assembly, except an emergency rule adopted | 11 |
| pursuant to Section 5-45 of the Illinois Administrative | 12 |
| Procedure Act, that is adopted without obtaining the advice of | 13 |
| the Board is null and void. If the Department fails to follow | 14 |
| the advice of the Board with respect to a proposed rule or | 15 |
| amendment to a rule, the Department shall, before adopting the | 16 |
| rule or amendment to a rule, transmit a written explanation of | 17 |
| the reason for its action to the Board. During its review of | 18 |
| rules, the Board shall analyze the economic and regulatory | 19 |
| impact of those rules. If the Board, having been asked for its | 20 |
| advice with respect to a proposed rule or amendment to a rule, | 21 |
| fails to advise the Department within 90 days, the proposed | 22 |
| rule or amendment shall be considered to have been acted upon | 23 |
| by the Board.
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| (Source: P.A. 95-133, eff. 1-1-08.)
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| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.
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