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90_SB1315eng
20 ILCS 5/6.06 from Ch. 127, par. 6.06
410 ILCS 315/2 from Ch. 111 1/2, par. 22.12
Amends the Civil Administrative Code with regard to the
Department of Public Health. Changes the composition of the
State Board of Health from 15 to 19 members, with 2 new
members appointed by the Governor from citizens at large, and
2 new members appointed, one each, by the President of the
Senate and the Speaker of the House of Representatives.
Provides that in the case of proposed administrative rules or
amendments to administrative rules regarding immunization of
children against preventable communicable diseases designated
by the Director of Public Health under the Communicable
Disease Prevention Act, the State Board of Health shall
conduct 3 public hearings and issue its recommendations to be
considered by the Director. Amends the Communicable Disease
Prevention Act. Inserts a parallel provision requiring the
State Board of Health to hold the hearings and issue the
recommendations. Effective immediately.
LRB9008998SMdv
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1 AN ACT regarding immunizations, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Civil Administrative Code of Illinois is
5 amended by changing Section 6.06 as follows:
6 (20 ILCS 5/6.06) (from Ch. 127, par. 6.06)
7 Sec. 6.06. In the Department of Public Health.
8 (a) The General Assembly declares it to be the public
9 policy of this State that all citizens of Illinois are
10 entitled to lead healthy lives. Governmental public health
11 has a specific responsibility to ensure that a system is in
12 place to allow the public health mission to be achieved. To
13 develop a system requires certain core functions to be
14 performed by government. The State Board of Health is to
15 assume the leadership role in advising the Director in
16 meeting the following functions:
17 (1) Needs assessment.
18 (2) Statewide health objectives.
19 (3) Policy development.
20 (4) Assurance of access to necessary services.
21 There shall be a State Board of Health composed of 17 15
22 persons, all of whom shall be appointed by the Governor, with
23 the advice and consent of the Senate for those appointed by
24 the Governor on and after the effective date of this
25 amendatory Act of 1998, and one of whom shall be a senior
26 citizen age 60 or over. Five members shall be physicians
27 licensed to practice medicine in all its branches, one
28 representing a medical school faculty, one who is board
29 certified in preventive medicine, and 2 who are engaged in
30 private practice. One member shall be a dentist; one an
31 environmental health practitioner; one a local public health
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1 administrator; one a local board of health member; one a
2 registered nurse; one a veterinarian; one a public health
3 academician; one a health care industry representative; and 4
4 2 shall be citizens at large.
5 In the appointment of the first Board of Health members
6 appointed after the effective date of this amendatory Act of
7 1991, the Governor shall appoint 5 members to serve for terms
8 of 5 years; 5 members to serve for terms of 2 years; and 5
9 members to serve for a term of one year. Members appointed
10 thereafter shall be appointed for terms of 3 years, except
11 where an appointment is made to fill a vacancy, in which case
12 the appointment shall be for the remaining term of the
13 position vacated. The initial terms for the 2 additional
14 members of the board who are citizens at large appointed
15 under this amendatory Act of 1998 shall be for 3 years each,
16 with these positions thereafter being filled as with other
17 members appointed by the Governor. All members shall be legal
18 residents of the State of Illinois. The duties of the Board
19 shall include, but not be limited to, the following:
20 (1) To advise the Department of ways to encourage
21 public understanding and support of the Department's
22 programs.
23 (2) To evaluate all boards, councils, committees,
24 authorities and bodies advisory to, or an adjunct of, the
25 Department of Public Health or its Director for the
26 purpose of recommending to the Director one or more of
27 the following:
28 (i) The elimination of bodies whose activities
29 are not consistent with goals and objectives of the
30 Department.
31 (ii) The consolidation of bodies whose
32 activities encompass compatible programmatic
33 subjects.
34 (iii) The restructuring of the relationship
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1 between the various bodies and their integration
2 within the organizational structure of the
3 Department.
4 (iv) The establishment of new bodies deemed
5 essential to the functioning of the Department.
6 (3) To serve as an advisory group to the Director
7 for public health emergencies and control of health
8 hazards.
9 (4) To advise the Director regarding public health
10 policy, and to make health policy recommendations
11 regarding priorities to the Governor through the
12 Director.
13 (5) To present public health issues to the Director
14 and to make recommendations for the resolution of those
15 issues.
16 (6) To recommend studies to delineate public health
17 problems.
18 (7) To make recommendations to the Governor through
19 the Director regarding the coordination of State public
20 health activities with other State and local public
21 health agencies and organizations.
22 (8) To report on or before February 1 of each year
23 on the health of the residents of Illinois to the
24 Governor, the General Assembly and the public.
25 (9) To review the final draft of all proposed
26 administrative rules, other than emergency or preemptory
27 rules and those rules that another advisory body must
28 approve or review within a statutorily defined time
29 period, of the Department after the effective date of
30 this amendatory Act of 1991. The Board shall review the
31 proposed rules within 90 days of submission by the
32 Department. The Department shall take into consideration
33 any comments and recommendations of the Board regarding
34 the proposed rules prior to submission to the Secretary
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1 of State for initial publication. If the Department
2 disagrees with the recommendations of the Board, it shall
3 submit a written response outlining the reasons for not
4 accepting the recommendations.
5 In the case of proposed administrative rules or
6 amendments to administrative rules regarding immunization
7 of children against preventable communicable diseases
8 designated by the Director under the Communicable Disease
9 Prevention Act, after the Immunization Advisory Committee
10 has made its recommendations, the Board shall conduct 3
11 public hearings, geographically distributed throughout
12 the State. At the conclusion of the hearings, the State
13 Board of Health shall issue a report, including its
14 recommendations, to the Director. The Director shall
15 take into consideration any comments or recommendations
16 made by the Board based on these hearings.
17 (10) To make recommendations to the Governor
18 through the Director concerning the development and
19 periodic updating of Statewide health objectives
20 encompassing, in part, the periodically published federal
21 health objectives for the nation, which will provide the
22 basis for the policy development and assurance roles of
23 the State Health Department, and to make recommendations
24 to the Governor through the Director regarding
25 legislation and funding necessary to implement the
26 objectives.
27 (11) Upon the request of the Governor, to recommend
28 to the Governor candidates for Director of Public Health
29 when vacancies occur in the position.
30 (12) To adopt bylaws for the conduct of its own
31 business, including the authority to establish ad hoc
32 committees to address specific public health programs
33 requiring resolution.
34 Upon appointment, the Board shall elect a chairperson
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1 from among its members.
2 Members of the Board shall receive compensation for their
3 services at the rate of $150 per day, not to exceed $10,000
4 per year, as designated by the Director for each day required
5 for transacting the business of the Board, and shall be
6 reimbursed for necessary expenses incurred in the performance
7 of their duties. The Board shall meet from time to time at
8 the call of the Department, at the call of the chairperson,
9 or upon the request of 3 of its members, but shall not meet
10 less than 4 times per year.
11 (b) An Advisory Board of Cancer Control which shall
12 consist of 9 members, one of whom shall be a senior citizen
13 age 60 or over, appointed by the Governor, one of whom shall
14 be designated as chairman by a majority of the members of the
15 Board. No less than 4 members shall be recognized authorities
16 in cancer control, and at least 4 members shall be physicians
17 licensed to practice medicine in all of its branches in the
18 State of Illinois. In the appointment of the first board the
19 Governor shall appoint 2 members to serve for terms of 1
20 year, 2 for terms of 2 years, and 3 for terms of 3 years. The
21 members first appointed under this amendatory Act of 1984
22 shall serve for a term of 3 years. All members appointed,
23 thereafter shall be appointed for terms of 3 years, except
24 where an appointment is made to fill a vacancy, in which case
25 the appointment shall be for the remaining term of the
26 position vacant. The members of the Board shall be citizens
27 of the State of Illinois. In the appointment of the Advisory
28 Board the Governor shall invite nominations from recognized
29 medical organizations of this State. The Board is authorized
30 to receive voluntary contributions from any source, and to
31 expend the same for the purpose of cancer control as
32 authorized by this Act, and the laws of this State.
33 (c) An Advisory Board on Necropsy Service to Coroners,
34 which shall counsel and advise with the Director on the
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1 administration of the Autopsy Act. The Advisory Board shall
2 consist of 11 members, including a senior citizen age 60 or
3 over, appointed by the Governor, one of whom shall be
4 designated as chairman by a majority of the members of the
5 Board. In the appointment of the first Board the Governor
6 shall appoint 3 members to serve for terms of 1 year, 3 for
7 terms of 2 years, and 3 for terms of 3 years. The members
8 first appointed under this amendatory Act of 1984 shall serve
9 for a term of 3 years. All members appointed thereafter
10 shall be appointed for terms of 3 years except where an
11 appointment is made to fill a vacancy, in which case the
12 appointment shall be for the remaining term of the position
13 vacant. The members of the Board shall be citizens of the
14 State of Illinois. In the appointment of members of the
15 Advisory Board the Governor shall appoint 3 members who shall
16 be persons licensed to practice medicine and surgery in the
17 State of Illinois, at least 2 of whom shall have received
18 post-graduate training in the field of pathology; 3 members
19 who are duly elected coroners in this State; and 5 members
20 who shall have interest and abilities in the field of
21 forensic medicine but who shall be neither persons licensed
22 to practice any branch of medicine in this State nor
23 coroners. In the appointment of medical and coroner members
24 of the Board, the Governor shall invite nominations from
25 recognized medical and coroners organizations in this State
26 respectively. Board members, while serving on business of the
27 Board, shall receive actual necessary travel and subsistence
28 expenses while so serving away from their places of
29 residence.
30 (Source: P.A. 86-436; 87-633.)
31 Section 10. The Department of Public Health Act is
32 amended by adding Section 8.4 as follows:
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1 (20 ILCS 2305/8.4 new)
2 Sec. 8.4. Immunization Advisory Committee. The Director
3 of Public Health shall appoint an Immunization Advisory
4 Committee to advise the Director on immunization issues. The
5 Director shall take into consideration any comments or
6 recommendations made by the Advisory Committee. The
7 Immunization Advisory Committee shall be composed of the
8 following members with knowledge of immunization issues: a
9 pediatrician, a physician licensed to practice medicine in
10 all its branches, a family physician, an infectious disease
11 specialist from a university based center, 2 representatives
12 of a local health department, a registered nurse, a school
13 nurse, a public health provider, a public health officer or
14 administrator, a representative of a children's hospital, 2
15 representatives of immunization advocacy organizations, a
16 representative from the State Board of Education, and any
17 other individuals or organization representatives designated
18 by the Director. The Director shall designate one of the
19 Advisory Committee members to serve as the Chairperson of the
20 Advisory Committee.
21 Section 15. The Communicable Disease Prevention Act is
22 amended by changing Section 2 as follows:
23 (410 ILCS 315/2) (from Ch. 111 1/2, par. 22.12)
24 Sec. 2. The Department of Public Health shall promulgate
25 rules and regulations requiring immunization of children
26 against preventable communicable diseases designated by the
27 Director. Before any regulation or amendment thereto is
28 prescribed, the Department shall conduct a public hearing
29 regarding such regulation. In addition, before any regulation
30 or any amendment to a regulation is adopted, and after the
31 Immunization Advisory Committee has made its recommendations,
32 the State Board of Health shall conduct 3 public hearings,
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1 geographically distributed throughout the State, regarding
2 the regulation or amendment to the regulation. At the
3 conclusion of the hearings, the State Board of Health shall
4 issue a report, including its recommendations, to the
5 Director. The Director shall take into consideration any
6 comments or recommendations made by the Board based on these
7 hearings. The Department may prescribe additional rules and
8 regulations for immunization of other diseases as vaccines
9 are developed.
10 The provisions of this Act shall not apply if:
11 1. The parent or guardian of the child objects thereto
12 on the grounds that the administration of immunizing agents
13 conflicts with his religious tenets or practices or,
14 2. A physician employed by the parent or guardian to
15 provide care and treatment to the child states that the
16 physical condition of the child is such that the
17 administration of one or more of the required immunizing
18 agents would be detrimental to the health of the child.
19 (Source: P.A. 85-828.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.