State of Illinois
90th General Assembly
Legislation

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90_SB1607

      20 ILCS 5/6.06            from Ch. 127, par. 6.06
      55 ILCS 5/5-25012         from Ch. 34, par. 5-25012
      305 ILCS 5/12-4.20        from Ch. 23, par. 12-4.20
      625 ILCS 5/6-902          from Ch. 95 1/2, par. 6-902
          Amends the Civil Administrative  Code  of  Illinois,  the
      Counties Code, the Illinois Public Aid Code, and the Illinois
      Vehicle Code to add therapeutically certified optometrists to
      advisory boards created under those Acts.
                                                     LRB9011219LDdv
                                               LRB9011219LDdv
 1        AN ACT concerning therapeutically certified optometrists,
 2    amending named Acts.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Civil Administrative Code of Illinois  is
 6    amended by changing Section 6.06 as follows:
 7        (20 ILCS 5/6.06) (from Ch. 127, par. 6.06)
 8        Sec. 6.06.  In the Department of Public Health.
 9        (a)  The  General  Assembly  declares it to be the public
10    policy of this  State  that  all  citizens  of  Illinois  are
11    entitled  to  lead healthy lives.  Governmental public health
12    has a specific responsibility to ensure that a system  is  in
13    place  to allow the public health mission to be achieved.  To
14    develop a  system  requires  certain  core  functions  to  be
15    performed  by  government.   The  State Board of Health is to
16    assume the  leadership  role  in  advising  the  Director  in
17    meeting the following functions:
18             (1)  Needs assessment.
19             (2)  Statewide health objectives.
20             (3)  Policy development.
21             (4)  Assurance of access to necessary services.
22        There  shall be a State Board of Health composed of 16 15
23    persons, all of whom shall be appointed by the  Governor  and
24    one  of  whom  shall be a senior citizen age 60 or over. Five
25    members shall be physicians licensed to practice medicine  in
26    all  its branches, one representing a medical school faculty,
27    one who is board certified in preventive medicine, and 2  who
28    are  engaged  in  private  practice.   One  member shall be a
29    dentist; one a therapeutically certified optometrist; one  an
30    environmental  health practitioner; one a local public health
31    administrator; one a local board  of  health  member;  one  a
                            -2-                LRB9011219LDdv
 1    registered  nurse;  one  a  veterinarian; one a public health
 2    academician; one a health care industry representative; and 2
 3    shall be citizens at large.
 4        In the appointment of the first Board of  Health  members
 5    appointed  after the effective date of this amendatory Act of
 6    1991, the Governor shall appoint 5 members to serve for terms
 7    of 5 years; 5 members to serve for terms of 2  years;  and  5
 8    members  to serve for a term of one year. The initial term of
 9    the therapeutically certified  optometrist  member  appointed
10    pursuant  to  this  amendatory  Act of 1998 shall commence on
11    January  1,  1999.  Members  appointed  thereafter  shall  be
12    appointed for terms of 3 years, except where  an  appointment
13    is  made  to  fill  a  vacancy, in which case the appointment
14    shall be for the remaining term of the position vacated.  All
15    members shall be legal residents of the  State  of  Illinois.
16    The duties of the Board shall include, but not be limited to,
17    the following:
18             (1)  To  advise  the Department of ways to encourage
19        public understanding  and  support  of  the  Department's
20        programs.
21             (2)  To  evaluate  all boards, councils, committees,
22        authorities and bodies advisory to, or an adjunct of, the
23        Department of Public  Health  or  its  Director  for  the
24        purpose  of  recommending  to the Director one or more of
25        the following:
26                  (i)  The elimination of bodies whose activities
27             are not consistent with goals and objectives of  the
28             Department.
29                  (ii)  The   consolidation   of   bodies   whose
30             activities    encompass    compatible   programmatic
31             subjects.
32                  (iii)  The restructuring  of  the  relationship
33             between  the  various  bodies  and their integration
34             within   the   organizational   structure   of   the
                            -3-                LRB9011219LDdv
 1             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
 5        for public  health  emergencies  and  control  of  health
 6        hazards.
 7             (4)  To  advise the Director regarding public health
 8        policy,  and  to  make  health   policy   recommendations
 9        regarding   priorities   to   the  Governor  through  the
10        Director.
11             (5)  To present public health issues to the Director
12        and to make recommendations for the resolution  of  those
13        issues.
14             (6)  To recommend studies to delineate public health
15        problems.
16             (7)  To make recommendations to the Governor through
17        the  Director  regarding the coordination of State public
18        health activities  with  other  State  and  local  public
19        health agencies and organizations.
20             (8)  To  report on or before February 1 of each year
21        on the  health  of  the  residents  of  Illinois  to  the
22        Governor, the General Assembly and the public.
23             (9)  To  review  the  final  draft  of  all proposed
24        administrative rules, other than emergency or  preemptory
25        rules  and  those  rules  that another advisory body must
26        approve or  review  within  a  statutorily  defined  time
27        period,  of  the  Department  after the effective date of
28        this amendatory Act of 1991.  The Board shall review  the
29        proposed  rules  within  90  days  of  submission  by the
30        Department.  The Department shall take into consideration
31        any comments and recommendations of the  Board  regarding
32        the  proposed  rules prior to submission to the Secretary
33        of State for  initial  publication.   If  the  Department
34        disagrees with the recommendations of the Board, it shall
                            -4-                LRB9011219LDdv
 1        submit  a  written response outlining the reasons for not
 2        accepting the recommendations.
 3             (10)  To  make  recommendations  to   the   Governor
 4        through  the  Director  concerning  the  development  and
 5        periodic   updating   of   Statewide   health  objectives
 6        encompassing, in part, the periodically published federal
 7        health objectives for the nation, which will provide  the
 8        basis  for  the policy development and assurance roles of
 9        the State Health Department, and to make  recommendations
10        to   the   Governor   through   the   Director  regarding
11        legislation  and  funding  necessary  to  implement   the
12        objectives.
13             (11)  Upon the request of the Governor, to recommend
14        to  the Governor candidates for Director of Public Health
15        when 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        Upon  appointment,  the  Board  shall elect a chairperson
21    from among its members.
22        Members of the Board shall receive compensation for their
23    services at the rate of $150 per day, not to  exceed  $10,000
24    per year, as designated by the Director for each day required
25    for  transacting  the  business  of  the  Board, and shall be
26    reimbursed for necessary expenses incurred in the performance
27    of their duties. The Board shall meet from time  to  time  at
28    the  call  of the Department, at the call of the chairperson,
29    or upon the request of 3 of its members, but shall  not  meet
30    less than 4 times per year.
31        (b)  An  Advisory  Board  of  Cancer  Control which shall
32    consist of 9 members, one of whom shall be a  senior  citizen
33    age  60 or over, appointed by the Governor, one of whom shall
34    be designated as chairman by a majority of the members of the
                            -5-                LRB9011219LDdv
 1    Board. No less than 4 members shall be recognized authorities
 2    in cancer control, and at least 4 members shall be physicians
 3    licensed to practice medicine in all of its branches  in  the
 4    State  of Illinois. In the appointment of the first board the
 5    Governor shall appoint 2 members to  serve  for  terms  of  1
 6    year, 2 for terms of 2 years, and 3 for terms of 3 years. The
 7    members  first  appointed  under  this amendatory Act of 1984
 8    shall serve for a term of 3 years.   All  members  appointed,
 9    thereafter  shall  be  appointed for terms of 3 years, except
10    where an appointment is made to fill a vacancy, in which case
11    the appointment shall  be  for  the  remaining  term  of  the
12    position  vacant.  The members of the Board shall be citizens
13    of the State of Illinois. In the appointment of the  Advisory
14    Board  the  Governor shall invite nominations from recognized
15    medical organizations of this State. The Board is  authorized
16    to  receive  voluntary  contributions from any source, and to
17    expend  the  same  for  the  purpose  of  cancer  control  as
18    authorized by this Act, and the laws of this State.
19        (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
25    Board. In the appointment of the  first  Board  the  Governor
26    shall  appoint  3 members to serve for terms of 1 year, 3 for
27    terms of 2 years, and 3 for terms of  3  years.  The  members
28    first appointed under this amendatory Act of 1984 shall serve
29    for  a  term  of  3  years.  All members appointed thereafter
30    shall be appointed for terms  of  3  years  except  where  an
31    appointment  is  made  to  fill  a vacancy, in which case the
32    appointment shall be for the remaining term of  the  position
33    vacant.  The  members  of  the Board shall be citizens of the
34    State of Illinois. In  the  appointment  of  members  of  the
                            -6-                LRB9011219LDdv
 1    Advisory Board the Governor shall appoint 3 members who shall
 2    be  persons  licensed to practice medicine and surgery in the
 3    State of Illinois, at least 2 of  whom  shall  have  received
 4    post-graduate  training  in the field of pathology; 3 members
 5    who are duly elected coroners in this State;  and  5  members
 6    who  shall  have  interest  and  abilities  in  the  field of
 7    forensic medicine but who shall be neither  persons  licensed
 8    to  practice  any  branch  of  medicine  in  this  State  nor
 9    coroners.  In  the appointment of medical and coroner members
10    of the Board, the  Governor  shall  invite  nominations  from
11    recognized  medical  and coroners organizations in this State
12    respectively. Board members, while serving on business of the
13    Board, shall receive actual necessary travel and  subsistence
14    expenses   while   so  serving  away  from  their  places  of
15    residence.
16    (Source: P.A. 86-436; 87-633.)
17        Section 10.  The Counties Code  is  amended  by  changing
18    Section 5-25012 as follows:
19        (55 ILCS 5/5-25012) (from Ch. 34, par. 5-25012)
20        Sec.  5-25012.   Board  of  health. Except in those cases
21    where a board of 13 12 members is provided for as  authorized
22    in  this  Section,  each  county  health  department shall be
23    managed by a board  of  health  consisting  of  9  8  members
24    appointed  by  the president or chairman of the county board,
25    with the approval of the county board, for  a  3  year  term,
26    except  that  of  the  first appointees 2 shall serve for one
27    year, 2 for 2 years, 3 for 3 years and the term of the member
28    appointed from the county board, as provided in this Section,
29    shall be one year and shall continue until  reappointment  or
30    until a successor is appointed.
31        The  county  health  department  in  a  county  having  a
32    population  of  200,000  or more may, if the county board, by
                            -7-                LRB9011219LDdv
 1    resolution, so provides, be managed  by  a  board  of  health
 2    consisting  of  13  12  members appointed by the president or
 3    chairman of the county board, with the approval of the county
 4    board, for a 3 year term, except that of the first appointees
 5    4 3 shall serve for one year, 4 for 2 years, 4  for  3  years
 6    and  the  term of the member appointed from the county board,
 7    as provided in this Section, shall  be  one  year  and  shall
 8    continue   until   reappointment  or  until  a  successor  is
 9    appointed. In counties with a population of 200,000  or  more
10    which have a board of health of 9 8 members, the county board
11    may,  by resolution, increase the size of the board of health
12    to 13 12 members, in which case the 4 members added shall  be
13    appointed,   as  of  the  next  anniversary  of  the  present
14    appointments, 2 for terms of 3 years, one for 2 years and one
15    for one year.
16        The county board in counties with a  population  of  more
17    than   100,000   but  less  than  3,000,000  inhabitants  and
18    contiguous to any county with a metropolitan area  with  more
19    than  1,000,000  inhabitants,  may establish compensation for
20    the board of health, as remuneration for  their  services  as
21    members  of  the board of health.  Monthly compensation shall
22    not exceed $200 except in the case of the  president  of  the
23    board  of  health whose monthly compensation shall not exceed
24    $400.
25        Each multiple-county health department shall  be  managed
26    by a board of health consisting of 5 4 members appointed from
27    each  county by the president or chairman of the county board
28    with the approval of the county board  for  a  3  year  term,
29    except  that  of  the  first  appointees from each county one
30    shall serve for one year, one for 2 years, one  for  3  years
31    and the term of the member appointed from the county board of
32    each  member  county,  as  hereinafter provided, shall be one
33    year and  shall  continue  until  reappointment  or  until  a
34    successor is appointed.
                            -8-                LRB9011219LDdv
 1        The  term of office of original appointees shall begin on
 2    July 1 following their  appointment,  and  the  term  of  all
 3    members  shall continue until their successors are appointed.
 4    All members shall  serve  without  compensation  but  may  be
 5    reimbursed  for  actual  necessary  expenses  incurred in the
 6    performance of their duties.  At  least  2  members  of  each
 7    county  board  of  health  shall  be  physicians  licensed in
 8    Illinois to practice medicine in  all  of  its  branches,  at
 9    least   one  member  shall  be  a  therapeutically  certified
10    optometrist, and at least  one  member  shall  be  a  dentist
11    licensed  in  Illinois.   In counties with a population under
12    500,000, one member shall be chosen from the county board  or
13    the  board  of  county  commissioners  as the case may be. In
14    counties with a population over 500,000, two members shall be
15    chosen  from  the  county  board  or  the  board  of   county
16    commissioners  as  the case may be.  At least one member from
17    each county on each multiple-county board of health shall  be
18    a  physician licensed in Illinois to practice medicine in all
19    of  its  branches,  one  member  from  each  county  on  each
20    multiple-county board of health  shall  be  chosen  from  the
21    county  board  or  the  board of county commissioners, as the
22    case may be, at least one member of the board of health shall
23    be a therapeutically certified optometrist, and at least  one
24    member  of the board of health shall be a dentist licensed in
25    Illinois. Whenever possible, at least one member  shall  have
26    experience  in  the field of mental health. All members shall
27    be chosen for their special fitness  for  membership  on  the
28    board.  The  initial  therapeutically  certified  optometrist
29    members  appointed  pursuant  to  this amendatory Act of 1998
30    shall be appointed before January 1, 1999, and shall commence
31    their terms of office on that date.
32        Any member may be removed for misconduct  or  neglect  of
33    duty  by  the chairman or president of the county board, with
34    the approval  of  the  county  board,  of  the  county  which
                            -9-                LRB9011219LDdv
 1    appointed him.
 2        Vacancies  shall  be filled as in the case of appointment
 3    for a full term.
 4        Notwithstanding any other provision of this  Act  to  the
 5    contrary,  a  county  with  a  population  of 240,000 or more
 6    inhabitants that does not  currently  have  a  county  health
 7    department  may, by resolution of the county board, establish
 8    a board of health consisting of the members  of  such  board.
 9    Such  board  of  health shall be advised by a committee which
10    shall  consist  of  at  least  5  members  appointed  by  the
11    president or chairman of the county board with  the  approval
12    of  the county board for terms of 3 years; except that of the
13    first appointees at least 2 shall serve for 3 years, at least
14    2 shall serve for 2 years and at least one  shall  serve  for
15    one  year.   At  least  one  member of the advisory committee
16    shall  be  a  physician  licensed  in  Illinois  to  practice
17    medicine in all  its  branches,  at  least  one  shall  be  a
18    therapeutically  certified optometrist, at least one shall be
19    a dentist licensed in Illinois, and  one  shall  be  a  nurse
20    licensed  in Illinois.  All members shall be chosen for their
21    special fitness for membership on the advisory committee.
22    (Source: P.A. 88-535.)
23        Section 15.  The Illinois Public Aid Code is  amended  by
24    changing Section 12-4.20 as follows:
25        (305 ILCS 5/12-4.20) (from Ch. 23, par. 12-4.20)
26        Sec.   12-4.20.    Appointment   of   statewide  advisory
27    committees. Appoint, when  and  as  it  may  deem  necessary,
28    statewide  advisory  committees  to  provide  professional or
29    technical consultation in respect to  medical  or  dental  or
30    hospital  care,  general assistance, home economics, or other
31    special aspects of public aid and related welfare  functions.
32    The  members  of the committees shall receive no compensation
                            -10-               LRB9011219LDdv
 1    for their services, other than expenses actually incurred  in
 2    the  performance  of  their  official  duties.  The number of
 3    members of each advisory committee shall be determined by the
 4    Illinois Department. The committees shall  consult  with  and
 5    advise  the  Illinois  Department  in respect to problems and
 6    policies incident to the  administration  of  the  particular
 7    Article  or Articles of this Code germane to their respective
 8    fields of competence.
 9        The  Illinois  Department  shall   include   a   balanced
10    representation     of    recipients,    service    providers,
11    representatives of community  and  welfare  advocacy  groups,
12    representatives of local governments dealing with public aid,
13    and  representatives  of  the general public on all statewide
14    advisory committees appointed by it, except that Professional
15    Advisory Committees created under Section 5-5 of this Code to
16    provide technical and professional advice to  the  Department
17    shall  consist  of  at  least  one  therapeutically certified
18    optometrist when the committee's scope of advisory  authority
19    includes  eye  health  care  or  vision care issues and shall
20    otherwise consist entirely of persons practicing a particular
21    profession.
22    (Source: P.A. 86-1475.)
23        Section  20.  The Illinois Vehicle  Code  is  amended  by
24    changing 6-902 as follows:
25        (625 ILCS 5/6-902) (from Ch. 95 1/2, par. 6-902)
26        Sec.  6-902.  Driver's  License  Medical  Advisory Board;
27    membership; terms; compensation; meetings.
28        (a)  There  is  established  within  the  Office  of  the
29    Secretary of State a Driver's License Medical Advisory  Board
30    consisting  of at least 9 members appointed by the Secretary.
31    At least one member  shall  be  a  therapeutically  certified
32    optometrist.   Members'  terms of service shall be set by the
                            -11-               LRB9011219LDdv
 1    Secretary at his or her discretion, except that  the  initial
 2    term  for  the  therapeutically  certified  optometrist shall
 3    commence on or before January 1, 1999.  The  members  of  the
 4    Board shall receive compensation from the Secretary at a rate
 5    per day designated by the Secretary for each day required for
 6    transacting business of the Board and shall be reimbursed for
 7    expenses  reasonably  incurred  in  the  performance of their
 8    duties.  The  Secretary  may  also  call  in  allied  medical
 9    personnel   to  advise  and  consult  with  the  Board.   The
10    Secretary  shall  select  one  of  the  members  to  act   as
11    Chairperson.
12        (b)  The  Board,  or any of its subdivisions, may meet at
13    any place within the State and shall meet at the call of  the
14    Secretary as frequently as he or she deems necessary in order
15    to properly discharge the functions prescribed by this Act.
16    (Source: P.A. 87-1249.)

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