Illinois General Assembly - Full Text of SB0174
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Full Text of SB0174  97th General Assembly


Sen. David Koehler

Filed: 3/8/2012





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2    AMENDMENT NO. ______. Amend Senate Bill 174 by replacing
3everything after the enacting clause with the following:
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



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1functions to be performed by government. The State Board of
2Health is to assume the leadership role in advising the
3Director in meeting the following functions:
4        (1) Needs assessment.
5        (2) Statewide health objectives.
6        (3) Policy development.
7        (4) Assurance of access to necessary services.
8    There shall be a State Board of Health composed of 19
9persons, all of whom shall be appointed by the Governor, with
10the advice and consent of the Senate for those appointed by the
11Governor on and after June 30, 1998, and one of whom shall be a
12senior citizen age 60 or over. Five members shall be physicians
13licensed to practice medicine in all its branches, one
14representing a medical school faculty, one who is board
15certified in preventive medicine, and one who is engaged in
16private practice. One member shall be a chiropractic physician.
17One member shall be a dentist; one an environmental health
18practitioner; one a local public health administrator; one a
19local board of health member; one a registered nurse; one a
20physical therapist; one a veterinarian; one a public health
21academician; one a health care industry representative; one a
22representative of the business community; one a representative
23of the non-profit public interest community; and 2 shall be
24citizens at large.
25    The terms of Board of Health members shall be 3 years,
26except that members shall continue to serve on the Board of



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1Health until a replacement is appointed. Upon the effective
2date of this amendatory Act of the 93rd General Assembly, in
3the appointment of the Board of Health members appointed to
4vacancies or positions with terms expiring on or before
5December 31, 2004, the Governor shall appoint up to 6 members
6to serve for terms of 3 years; up to 6 members to serve for
7terms of 2 years; and up to 5 members to serve for a term of one
8year, so that the term of no more than 6 members expire in the
9same year. All members shall be legal residents of the State of
10Illinois. The duties of the Board shall include, but not be
11limited to, the following:
12        (1) To advise the Department of ways to encourage
13    public understanding and support of the Department's
14    programs.
15        (2) To evaluate all boards, councils, committees,
16    authorities, and bodies advisory to, or an adjunct of, the
17    Department of Public Health or its Director for the purpose
18    of recommending to the Director one or more of the
19    following:
20            (i) The elimination of bodies whose activities are
21        not consistent with goals and objectives of the
22        Department.
23            (ii) The consolidation of bodies whose activities
24        encompass compatible programmatic subjects.
25            (iii) The restructuring of the relationship
26        between the various bodies and their integration



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1        within the organizational structure of the Department.
2            (iv) The establishment of new bodies deemed
3        essential to the functioning of the Department.
4        (3) To serve as an advisory group to the Director for
5    public health emergencies and control of health hazards.
6        (4) To advise the Director regarding public health
7    policy, and to make health policy recommendations
8    regarding priorities to the Governor through the Director.
9        (5) To present public health issues to the Director and
10    to make recommendations for the resolution of those issues.
11        (6) To recommend studies to delineate public health
12    problems.
13        (7) To make recommendations to the Governor through the
14    Director regarding the coordination of State public health
15    activities with other State and local public health
16    agencies and organizations.
17        (8) To report on or before February 1 of each year on
18    the health of the residents of Illinois to the Governor,
19    the General Assembly, and the public.
20        (9) To review the final draft of all proposed
21    administrative rules, other than emergency or preemptory
22    rules and those rules that another advisory body must
23    approve or review within a statutorily defined time period,
24    of the Department after September 19, 1991 (the effective
25    date of Public Act 87-633). The Board shall review the
26    proposed rules within 90 days of submission by the



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1    Department. The Department shall take into consideration
2    any comments and recommendations of the Board regarding the
3    proposed rules prior to submission to the Secretary of
4    State for initial publication. If the Department disagrees
5    with the recommendations of the Board, it shall submit a
6    written response outlining the reasons for not accepting
7    the recommendations.
8        In the case of proposed administrative rules or
9    amendments to administrative rules regarding immunization
10    of children against preventable communicable diseases
11    designated by the Director under the Communicable Disease
12    Prevention Act, after the Immunization Advisory Committee
13    has made its recommendations, the Board shall conduct 3
14    public hearings, geographically distributed throughout the
15    State. At the conclusion of the hearings, the State Board
16    of Health shall issue a report, including its
17    recommendations, to the Director. The Director shall take
18    into consideration any comments or recommendations made by
19    the Board based on these hearings.
20        (10) To deliver to the Governor for presentation to the
21    General Assembly a State Health Improvement Plan. The first
22    3 and second such plans shall be delivered to the Governor
23    on January 1, 2006, and on January 1, 2009, and January 1,
24    2016 respectively, and then every 5 4 years thereafter.
25        The Plan shall recommend priorities and strategies to
26    improve the public health system and the health status of



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1    Illinois residents, taking into consideration national
2    health objectives and system standards as frameworks for
3    assessment.
4        The Plan shall also take into consideration priorities
5    and strategies developed at the community level through the
6    Illinois Project for Local Assessment of Needs (IPLAN) and
7    any regional health improvement plans that may be
8    developed. The Plan shall focus on prevention as a key
9    strategy for long-term health improvement in Illinois.
10        The Plan shall examine and make recommendations on the
11    contributions and strategies of the public and private
12    sectors for improving health status and the public health
13    system in the State. In addition to recommendations on
14    health status improvement priorities and strategies for
15    the population of the State as a whole, the Plan shall make
16    recommendations regarding priorities and strategies for
17    reducing and eliminating health disparities in Illinois;
18    including racial, ethnic, gender, age, socio-economic and
19    geographic disparities.
20        The Director of the Illinois Department of Public
21    Health shall appoint a Planning Team that includes a range
22    of public, private, and voluntary sector stakeholders and
23    participants in the public health system. This Team shall
24    include: the directors of State agencies with public health
25    responsibilities (or their designees), including but not
26    limited to the Illinois Departments of Public Health and



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



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1    Council shall include representatives of local health
2    departments and individuals with expertise who represent
3    an array of organizations and constituencies engaged in
4    public health improvement and prevention, including
5    non-profit public interest groups, health issue groups,
6    faith community groups, health care providers, businesses
7    and employers, academic institutions, and community-based
8    organizations. The Governor shall endeavor to make the
9    membership of the Council representative of the racial,
10    ethnic, gender, socio-economic, and geographic diversity
11    of the State. The Governor shall designate one State agency
12    representative and one other non-governmental member as
13    co-chairs of the Council. The Governor shall designate a
14    member of the Governor's office to serve as liaison to the
15    Council and one or more State agencies to provide or
16    arrange for support to the Council. The members of the SHIP
17    Implementation Coordination Council for each State Health
18    Improvement Plan shall serve until the delivery of the
19    subsequent State Health Improvement Plan, whereupon a new
20    Council shall be appointed. Members of the SHIP Planning
21    Team may serve on the SHIP Implementation Coordination
22    Council if so appointed by the Governor.
23        The SHIP Implementation Coordination Council shall
24    coordinate the efforts and engagement of the public,
25    private, and voluntary sector stakeholders and
26    participants in the public health system to implement each



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1    SHIP. The Council shall serve as a forum for collaborative
2    action; coordinate existing and new initiatives; develop
3    detailed implementation steps, with mechanisms for action;
4    implement specific projects; identify public and private
5    funding sources at the local, State and federal level;
6    promote public awareness of the SHIP; advocate for the
7    implementation of the SHIP; and develop an annual report to
8    the Governor, General Assembly, and public regarding the
9    status of implementation of the SHIP. The Council shall
10    not, however, have the authority to direct any public or
11    private entity to take specific action to implement the
12    SHIP.
13        (11) Upon the request of the Governor, to recommend to
14    the Governor candidates for Director of Public Health when
15    vacancies occur in the position.
16        (12) To adopt bylaws for the conduct of its own
17    business, including the authority to establish ad hoc
18    committees to address specific public health programs
19    requiring resolution.
20        (13) To review and comment upon the Comprehensive
21    Health Plan submitted by the Center for Comprehensive
22    Health Planning as provided under Section 2310-217 of the
23    Department of Public Health Powers and Duties Law of the
24    Civil Administrative Code of Illinois.
25    Upon appointment, the Board shall elect a chairperson from
26among its members.



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1    Members of the Board shall receive compensation for their
2services at the rate of $150 per day, not to exceed $10,000 per
3year, as designated by the Director for each day required for
4transacting the business of the Board and shall be reimbursed
5for necessary expenses incurred in the performance of their
6duties. The Board shall meet from time to time at the call of
7the Department, at the call of the chairperson, or upon the
8request of 3 of its members, but shall not meet less than 4
9times per year.
10    (b) (Blank).
11    (c) An Advisory Board on Necropsy Service to Coroners,
12which shall counsel and advise with the Director on the
13administration of the Autopsy Act. The Advisory Board shall
14consist of 11 members, including a senior citizen age 60 or
15over, appointed by the Governor, one of whom shall be
16designated as chairman by a majority of the members of the
17Board. In the appointment of the first Board the Governor shall
18appoint 3 members to serve for terms of 1 year, 3 for terms of 2
19years, and 3 for terms of 3 years. The members first appointed
20under Public Act 83-1538 shall serve for a term of 3 years. All
21members appointed thereafter shall be appointed for terms of 3
22years, except that when an appointment is made to fill a
23vacancy, the appointment shall be for the remaining term of the
24position vacant. The members of the Board shall be citizens of
25the State of Illinois. In the appointment of members of the
26Advisory Board the Governor shall appoint 3 members who shall



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1be persons licensed to practice medicine and surgery in the
2State of Illinois, at least 2 of whom shall have received
3post-graduate training in the field of pathology; 3 members who
4are duly elected coroners in this State; and 5 members who
5shall have interest and abilities in the field of forensic
6medicine but who shall be neither persons licensed to practice
7any branch of medicine in this State nor coroners. In the
8appointment of medical and coroner members of the Board, the
9Governor shall invite nominations from recognized medical and
10coroners organizations in this State respectively. Board
11members, while serving on business of the Board, shall receive
12actual necessary travel and subsistence expenses while so
13serving away from their places of residence.
14(Source: P.A. 96-31, eff. 6-30-09; 96-455, eff. 8-14-09;
1596-1000, eff. 7-2-10; 96-1153, eff. 7-21-10.)".