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92_HB3809
LRB9213158REdv
1 AN ACT concerning emergency health powers.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 ARTICLE 1. TITLE, FINDINGS, PURPOSES, AND DEFINITIONS
5 Section 1-1. Short title. This Act may be cited as the
6 Illinois Emergency Health Powers Act.
7 Section 1-5. Legislative findings. The General Assembly
8 finds that:
9 (1) The government must do more to protect the health,
10 safety, and general well being of its citizens.
11 (2) New and emerging dangers, including emergent and
12 resurgent infectious diseases and incidents of civilian mass
13 casualties, pose serious and immediate threats.
14 (3) A renewed focus on the prevention, detection,
15 management, and containment of public health emergencies is
16 needed.
17 (4) Emergency health threats, including those caused by
18 bioterrorism, may require the exercise of extraordinary
19 government functions.
20 (5) This State must have the ability to respond, rapidly
21 and effectively, to potential or actual public health
22 emergencies.
23 (6) The exercise of emergency health powers must promote
24 the common good.
25 (7) Emergency health powers must be grounded in a
26 thorough scientific understanding of public health threats
27 and disease transmission.
28 (8) Guided by principles of justice and
29 anti-discrimination, it is the duty of this State to act with
30 fairness and tolerance towards individuals and groups.
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1 (9) The rights of people to liberty, bodily integrity,
2 and privacy must be respected to the fullest extent possible
3 consistent with maintaining and preserving the public's
4 health and security.
5 (10) This Act is necessary to protect the health and
6 safety of the citizens of this State.
7 Section 1-10. Purposes. The purposes of this Act are the
8 following:
9 (0.5) To require the development of a comprehensive plan
10 to provide for a coordinated, appropriate response in the
11 event of a public health emergency.
12 (1) To authorize the collection of data and records, the
13 management of property, the protection of persons, and access
14 to communications.
15 (2) To facilitate the early detection of a health
16 emergency, and to allow for immediate investigation of such
17 an emergency by granting access to individuals' health
18 information under specified circumstances.
19 (3) To grant State officials the authority to use and
20 appropriate property as necessary for the care, treatment,
21 and housing of patients and to destroy contaminated
22 facilities or materials.
23 (4) To grant State and local officials the authority to
24 provide care, treatment, and vaccination to persons who are
25 ill or who have been exposed to contagious diseases, and to
26 separate affected individuals from the population at large to
27 interrupt disease transmission.
28 (5) To ensure that the needs of infected or exposed
29 persons are addressed to the fullest extent possible, given
30 the primary goal of controlling serious health threats.
31 (6) To provide State officials with the ability to
32 prevent, detect, manage, and contain emergency health threats
33 without unduly interfering with civil rights and liberties.
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1 Section 1-15. Definitions.
2 (1) "Bioterrorism" is the intentional use of any
3 microorganism, virus, infectious substance, or biological
4 product that may be engineered as a result of biotechnology,
5 or any naturally occurring or bioengineered component of any
6 such microorganism, virus, infectious substance, or
7 biological product, to cause death, disease, or other
8 biological malfunction in a human, an animal, a plant, or
9 another living organism in order to influence the conduct of
10 government or to intimidate or coerce a civilian population.
11 (2) "Chain of custody" is the methodology of tracking
12 specimens for the purpose of maintaining control and
13 accountability from initial collection to final disposition
14 of the specimens and providing for accountability at each
15 stage of collecting, handling, testing, storing, and
16 transporting the specimens and reporting test results.
17 (3) "Contagious disease" is an infectious disease that
18 can be transmitted from person to person.
19 (4) "Health care facility" means all or part of any
20 non-federal institution, building, or agency, whether public
21 or private (for-profit or nonprofit) that is used, operated,
22 or designed to provide health services, medical treatment, or
23 nursing, rehabilitative, or preventive care to any person or
24 persons. This includes, but is not limited to: ambulatory
25 surgical facilities, home health agencies, hospices,
26 hospitals, infirmaries, intermediate care facilities, kidney
27 treatment centers, long-term care facilities, medical
28 assistance facilities, mental health centers, outpatient
29 facilities, public health centers, rehabilitation facilities,
30 residential treatment facilities, skilled nursing facilities,
31 and adult day-care centers. This also includes, but is not
32 limited to, the following related property when used for or
33 in connection with the foregoing: laboratories; research
34 facilities; pharmacies; laundry facilities; health personnel
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1 training and lodging facilities; patient, guest, and health
2 personnel food service facilities; and offices and office
3 buildings for persons engaged in health care professions or
4 services.
5 (5) "Health care provider" is any person or entity that
6 provides health care services including, but not limited to,
7 hospitals, medical clinics and offices, special care
8 facilities, medical laboratories, physicians, pharmacists,
9 dentists, physician assistants, nurse practitioners,
10 registered and other nurses, paramedics, emergency medical or
11 laboratory technicians, and ambulance and emergency medical
12 workers.
13 (6) "Infectious disease" is a disease caused by a living
14 organism or other pathogen, including a fungus, bacillus,
15 parasite, protozoan, or virus. An infectious disease may, or
16 may not, be transmissible from person to person, animal to
17 person, or insect to person.
18 (7) "Infectious waste" is:
19 (a) "biological waste", which includes blood and
20 blood products, excretions, exudates, secretions,
21 suctioning and other body fluids, and waste materials
22 saturated with blood or body fluids;
23 (b) "cultures and stocks", which include etiologic
24 agents and associated biologicals, including specimen
25 cultures and dishes and devices used to transfer,
26 inoculate, and mix cultures, wastes from production of
27 biologicals and serums, and discarded live and attenuated
28 vaccines;
29 (c) "pathological waste", which includes biopsy
30 materials and all human tissues, anatomical parts that
31 emanate from surgery, obstetrical procedures, necropsy or
32 autopsy and laboratory procedures, and animal carcasses
33 exposed to pathogens in research and the bedding and
34 other waste from those animals, but does not include
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1 teeth or formaldehyde or other preservative agents; and
2 (d) "sharps", which include needles, I.V. tubing
3 with needles attached, scalpel blades, lancets, breakable
4 glass tubes, and syringes that have been removed from
5 their original sterile containers.
6 (8) "Isolation" is the physical separation and
7 confinement of an individual or groups or individuals
8 believed to be infected with a contagious or possibly
9 contagious disease from non-isolated individuals, in order to
10 prevent or limit the transmission of the disease to
11 non-isolated individuals.
12 (9) "Mental health support personnel" include, but are
13 not limited to, psychiatrists, psychologists, social workers,
14 and volunteer crisis counseling groups.
15 (9.5) "Organized militia" includes the Illinois National
16 Guard, the army national guard, the air national guard, or
17 any other military force organized under the laws of this
18 State.
19 (10) "Protected health information" is any information,
20 whether oral, written, electronic, visual, or any other form,
21 that relates to an individual's past, present, or future
22 physical or mental health status, condition, treatment,
23 service, products purchased, or provision of care, and that
24 reveals the identity of the individual whose health care is
25 the subject of the information, or where there is a
26 reasonable basis to believe that information could be used
27 (either alone or with other information that is, or should
28 reasonably be known to be, available to predictable
29 recipients of that information) to reveal the identity of
30 that individual.
31 (11) "Public health authority" is the Department of
32 Public Health; any local government agency that acts
33 principally to protect or preserve the public's health; or
34 any person directly authorized to act on behalf of the
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1 Department of Public Health or local public health agency.
2 (12) A "public health emergency" is an occurrence or
3 imminent threat of an illness or health condition that:
4 (a) is believed to be caused by any of the
5 following:
6 (i) bioterrorism;
7 (ii) the appearance of a novel or previously
8 controlled or eradicated infectious agent or
9 biological toxin;
10 (iii) a natural disaster;
11 (iv) a chemical attack or accidental release;
12 or
13 (v) a nuclear attack or accident; and
14 (b) poses a high probability of any of the
15 following harms:
16 (i) a large number of deaths in the affected
17 population;
18 (ii) a large number of serious or long-term
19 disabilities in the affected population; or
20 (iii) widespread exposure to an infectious or
21 toxic agent that poses a significant risk of
22 substantial future harm to a large number of people
23 in the affected population.
24 (13) "Public safety authority" is the Department of
25 State Police; any local government agency that acts
26 principally to protect or preserve the public safety; or any
27 person directly authorized to act on behalf of the Department
28 of State Police or local agency.
29 (13.5) "Quarantine" is the physical separation and
30 confinement of an individual or groups of individuals, who
31 are or may have been exposed to a contagious or possibly
32 contagious disease and who do not show signs or symptoms of a
33 contagious disease, from non-quarantined individuals, to
34 prevent or limit the transmission of the disease to
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1 non-quarantined individuals.
2 (14) "Specimens" include, but are not limited to, blood,
3 sputum, urine, stool, other bodily fluids, wastes, tissues,
4 and cultures necessary to perform required tests.
5 (15) "Tests" include, but are not limited to, any
6 diagnostic or investigative analyses necessary to prevent the
7 spread of disease or protect the public's health, safety, and
8 welfare.
9 (16) "Trial court" is a circuit court in the district in
10 which isolation or quarantine is to occur, a court designated
11 by the Public Health Emergency Plan under Article 3 of this
12 Act, or a circuit court in the district in which a public
13 health emergency has been declared.
14 ARTICLE 3. PLANNING FOR A PUBLIC HEALTH EMERGENCY
15 Section 3-5. Public Health Emergency Planning Commission.
16 The Governor shall appoint a Public Health Emergency Planning
17 Commission ("the Commission"), consisting of the State
18 Directors or Secretaries, or their designees, of agencies the
19 Governor deems relevant to public health emergency
20 preparedness, a representative group of state legislators,
21 members of the judiciary, and any other persons chosen by the
22 Governor. The Governor shall also designate the chair of the
23 Commission.
24 Section 3-10. Public Health Emergency Plan.
25 (a) Content. The Commission shall, within 6 months after
26 its appointment, deliver to the Governor a plan for
27 responding to a public health emergency that includes
28 provisions or guidelines on the following:
29 (1) Notifying and communicating with the population
30 during a state of public health emergency in compliance
31 with this Act.
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1 (2) Central coordination of resources, manpower,
2 and services, including coordination of responses by
3 State, local, tribal, and federal agencies.
4 (3) The location, procurement, storage,
5 transportation, maintenance, and distribution of
6 essential materials, including but not limited to medical
7 supplies, drugs, vaccines, food, shelter, clothing, and
8 beds.
9 (4) Compliance with the reporting requirements in
10 Section 5-5.
11 (5) The continued, effective operation of the
12 judicial system including, if deemed necessary, the
13 identification and training of personnel to serve as
14 emergency judges regarding matters of isolation and
15 quarantine as described in this Act.
16 (6) The method of evacuating populations, and
17 housing and feeding the evacuated populations.
18 (7) The identification and training of health care
19 providers to diagnose and treat persons with infectious
20 diseases.
21 (8) The vaccination of persons, in compliance with
22 the provisions of this Act.
23 (9) The treatment of persons who have been exposed
24 to or who are infected with diseases or health conditions
25 that may be the cause of a public health emergency.
26 (10) The safe disposal of infectious wastes and
27 human remains in compliance with the provisions of this
28 Act.
29 (11) The safe and effective control of persons
30 isolated, quarantined, vaccinated, tested, or treated
31 during a state of public health emergency.
32 (12) Tracking the source and outcomes of infected
33 persons.
34 (13) Ensuring that each municipality and county
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1 within the State identifies the following:
2 (i) sites where persons can be isolated or
3 quarantined in compliance with the provisions of
4 this Act regarding the least restrictive means for
5 isolation and quarantine, and requirements for
6 maintaining the safety, health, and dignity of those
7 isolated or quarantined;
8 (ii) sites where medical supplies, food, and
9 other essentials can be distributed to the
10 population;
11 (iii) sites where public health and emergency
12 workers can be housed and fed; and
13 (iv) routes and means of transportation of
14 people and materials.
15 (13.5) Coordination with other states and the
16 federal government.
17 (14) Cultural norms, values, religious principles,
18 and traditions that may be relevant.
19 (15) Other measures necessary to carry out the
20 purposes of this Act.
21 (b) Distribution. The Commission shall distribute this
22 plan to those who will be responsible for its implementation,
23 other interested persons, and the public, and seek their
24 review and comments.
25 (c) Review. The Commission shall annually review its
26 plan for responding to a public health emergency.
27 ARTICLE 5. MEASURES TO DETECT AND TRACK
28 PUBLIC HEALTH EMERGENCIES
29 Section 5-5. Reporting.
30 (1) Illness or health condition. A health care provider,
31 coroner, or medical examiner shall report all cases of
32 persons who harbor any illness or health condition that may
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1 be potential causes of a public health emergency. Reportable
2 illnesses and health conditions include, but are not limited
3 to, the diseases caused by the biological agents listed in 42
4 C.F.R. Section 72, App. A (2000) and any illnesses or health
5 conditions identified by the public health authority.
6 (2) Pharmacists. In addition to the foregoing
7 requirements for health care providers, a pharmacist must
8 report any unusual or increased prescription rates, unusual
9 types of prescriptions, or unusual trends in pharmacy visits
10 that may be potential causes of a public health emergency.
11 Prescription-related events that require a report include,
12 but are not limited to:
13 (a) an unusual increase in the number of
14 prescriptions or over-the-counter pharmaceuticals to
15 treat conditions that the public health authority
16 identifies through regulations;
17 (b) an unusual increase in the number of
18 prescriptions for antibiotics; and
19 (c) any prescription that treats a disease that is
20 relatively uncommon or may be associated with
21 bioterrorism.
22 (3) Manner of reporting. The report must be made
23 electronically or in writing within 24 hours to the public
24 health authority. The report must include as much of the
25 following information as is available: the specific illness
26 or health condition that is the subject of the report; the
27 patient's name, date of birth, sex, race, occupation, and
28 current home and work addresses (including city and county);
29 the name and address of the health care provider, coroner, or
30 medical examiner and of the reporting individual, if
31 different; and any other information needed to locate the
32 patient for follow-up. For cases related to animal or insect
33 bites, the suspected locating information of the biting
34 animal or insect, and the name and address of any known
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1 owner, must be reported.
2 (4) Animal diseases. Every veterinarian, livestock
3 owner, veterinary diagnostic laboratory director, or other
4 person having the care of animals must report animals having
5 or suspected of having any disease that may be potential
6 causes of a public health emergency. The report must be made
7 electronically or in writing within 24 hours to the public
8 health authority and must include as much of the following
9 information as is available: the specific illness or health
10 condition that is the subject of the report, the suspected
11 locating information of the animal, the name and address of
12 any known owner, and the name and address of the reporting
13 individual.
14 (5) Laboratories. For the purposes of this Section, the
15 definition of "health care provider" includes out-of-state
16 medical laboratories that have agreed to the reporting
17 requirements of this State. Results must be reported by the
18 laboratory that performs the test, but an in-state laboratory
19 that sends specimens to an out-of-state laboratory is also
20 responsible for reporting results.
21 (6) Enforcement. The public health authority may enforce
22 the provisions of this Section in accordance with existing
23 enforcement rules and regulations.
24 Section 5-10. Tracking. The public health authority shall
25 ascertain the existence of cases of an illness or health
26 condition that may be a potential cause of a public health
27 emergency; investigate all such cases for sources of
28 infection and to ensure that they are subject to proper
29 control measures; and define the distribution of the illness
30 or health condition. To fulfill these duties, the public
31 health authority shall identify exposed individuals as
32 follows:
33 (1) Identification of individuals. Acting on information
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1 developed in accordance with Section 5-5, or other reliable
2 information, the public health authority shall identify all
3 individuals thought to have been exposed to an illness or
4 health condition that may be a potential cause of a public
5 health emergency.
6 (2) Interviewing of individuals. The public health
7 authority shall counsel and interview such individuals to
8 assist in the positive identification of exposed individuals
9 and develop information relating to the source and spread of
10 the illness or health condition. That information includes
11 the name and address (including municipality and county) of
12 any person from whom the illness or health condition may have
13 been contracted and to whom the illness or health condition
14 may have spread.
15 (3) Examination of facilities or materials. The public
16 health authority shall, for examination purposes, close,
17 evacuate, or decontaminate any facility or decontaminate or
18 destroy any material when the authority reasonably suspects
19 that the facility or material may endanger the public health.
20 (4) Enforcement. The public health authority may enforce
21 the provisions of this Section in accordance with existing
22 enforcement rules and regulations. An order of the public
23 health authority given to effectuate the purposes of this
24 Section shall be enforceable immediately by the public safety
25 authority.
26 Section 5-15. Information sharing.
27 (1) Whenever the public safety authority or other State
28 or local government agency learns of a case of a reportable
29 illness or health condition, an unusual cluster, or a
30 suspicious event that may be the case of a public health
31 emergency, it shall immediately notify the public health
32 authority.
33 (2) Whenever the public health authority learns of a
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1 case of a reportable illness or health condition, an unusual
2 cluster, or a suspicious event that it reasonably believes
3 has the potential to be caused by bioterrorism, it must
4 immediately notify the public safety authority, tribal
5 authorities, and federal health and public safety
6 authorities.
7 (3) Sharing of information on reportable illnesses,
8 health conditions, unusual clusters, or suspicious events
9 between public health and safety authorities shall be
10 restricted to information necessary for the treatment,
11 control, investigation, and prevention of a public health
12 emergency.
13 ARTICLE 10. DECLARING STATE OF PUBLIC HEALTH EMERGENCY
14 Section 10-5. Declaration. A state of public health
15 emergency may be declared by the Governor upon an occurrence
16 of a public health emergency as defined in Section 1-15.
17 Before making the declaration, the Governor shall consult
18 with the public health authority and may consult with any
19 additional public health and other experts as needed. The
20 Governor may act to declare a public health emergency without
21 consulting with the public health authority or other experts
22 when the situation calls for prompt and timely action.
23 Section 10-10. Content of declaration. A state of public
24 health emergency shall be declared by an executive order that
25 specifies:
26 (a) the nature of the public health emergency;
27 (b) the political subdivisions or geographic areas
28 subject to the declaration;
29 (c) the conditions that have brought about the public
30 health emergency;
31 (d) the duration of the state of the public health
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1 emergency, if less than 30 days; and
2 (e) the primary public health authority responding to
3 the emergency.
4 Section 10-15. Effect of declaration. The declaration of
5 a state of public health emergency shall activate the
6 disaster response and recovery aspects of the State, local,
7 and inter-jurisdictional disaster emergency plans in the
8 affected political subdivisions or geographic areas. The
9 declaration authorizes the deployment and use of any forces
10 to which the plans apply and the use or distribution of any
11 supplies, equipment, and materials and facilities assembled,
12 stockpiled, or available under this Act.
13 (1) Emergency powers. During a state of public health
14 emergency, the Governor may:
15 (a) Suspend the provisions of any regulatory
16 statute prescribing procedures for conducting State
17 business, or the orders, rules, and regulations of any
18 State agency, if strict compliance would prevent, hinder,
19 or delay necessary action (including emergency purchases)
20 by the public health authority to respond to the public
21 health emergency and increase the health threat to the
22 population.
23 (b) Use all available resources of the State
24 government and its political subdivisions, as reasonably
25 necessary to respond to the public health emergency.
26 (c) Transfer the direction, personnel, or functions
27 of State departments and agencies to perform or
28 facilitate response and recovery programs regarding the
29 public health emergency.
30 (d) Mobilize all or any part of the Illinois
31 National Guard into service of the State. An order
32 directing the Illinois National Guard to report for
33 active duty shall state the purpose for which it is
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1 mobilized and the objectives to be accomplished.
2 (e) Provide aid to and seek aid from other states
3 in accordance with any interstate emergency compact made
4 with this State.
5 (f) Seek aid from the federal government in
6 accordance with federal programs or requirements.
7 (2) Coordination. The public health authority shall
8 coordinate all matters pertaining to the public health
9 emergency response of the State. The public health authority
10 has primary jurisdiction, responsibility, and authority for:
11 (a) Planning and executing public health emergency
12 assessment, mitigation, preparedness response, and
13 recovery for the State.
14 (b) Coordinating public health emergency response
15 between State and local authorities.
16 (c) Collaborating with relevant federal government
17 authorities, elected officials of other states, or
18 private organizations or companies.
19 (d) Coordinating recovery operations and mitigation
20 initiatives subsequent to public health emergencies.
21 (e) Organizing public information activities
22 regarding public health emergency response operations.
23 (3) Identification. After the declaration of a state of
24 public health emergency, special identification for all
25 public health personnel working during the emergency shall be
26 issued as soon as possible. The identification shall indicate
27 the authority of the bearer to exercise public health
28 functions and emergency powers during the state of public
29 health emergency. Public health personnel shall wear the
30 identification in plain view.
31 Section 10-20. Enforcement. During a state of public
32 health emergency, the public health authority may request
33 assistance in enforcing orders under this Act from the public
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1 safety authority. The public safety authority may request
2 assistance from the Illinois National Guard in enforcing the
3 orders of the public health authority.
4 Section 10-25. Termination of declaration.
5 (1) Executive order. The Governor shall terminate the
6 state of public health emergency by executive order upon
7 finding that the occurrence of an illness or health condition
8 that caused the emergency no longer poses a high probability
9 of a large number of deaths in the affected population, a
10 large number of incidents of permanent or long-term
11 disability in the affected population, or a significant risk
12 of substantial future harm to a large number of people in the
13 affected population.
14 (2) Automatic termination. Notwithstanding any other
15 provision of this Act, the declaration of a state of public
16 health emergency shall be terminated automatically 30 days
17 unless renewed by the Governor under the same standards and
18 procedures set forth in this Article. Any such renewal shall
19 also be terminated automatically after 30 days unless renewed
20 by the Governor under the same standards and procedures set
21 forth in this Article.
22 (3) State legislature. By adopting a joint resolution by
23 a majority vote of both chambers, the General Assembly may
24 terminate a state of public health emergency at any time from
25 the date of original declaration upon finding that the
26 occurrence of an illness or health condition that caused the
27 emergency does not or no longer poses a high probability of a
28 large numbers of deaths in the affected population, a large
29 number of incidents of serious permanent or long-term
30 disability in the affected population, or a significant risk
31 of substantial future harm to a large number of people in the
32 affected population. Termination by the General Assembly
33 overrides any renewal by the Governor.
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1 (4) Content of termination order. All orders terminating
2 the declaration of a state of public health emergency shall
3 indicate the nature of the emergency, the areas that were
4 threatened, and the conditions that make possible the
5 termination of the declaration.
6 ARTICLE 15. SPECIAL POWERS DURING STATE OF PUBLIC
7 HEALTH EMERGENCY; MANAGEMENT OF PROPERTY
8 Section 15-5. Emergency measures concerning facilities
9 and materials. The public health authority may exercise, for
10 such period as the state of public health emergency exists,
11 the following powers over facilities or materials:
12 (1) Facilities. To close, direct and compel the
13 evacuation of, or to decontaminate or cause to be
14 decontaminated any facility of which there is reasonable
15 cause to believe that it may endanger the public health.
16 (2) Materials. To decontaminate, cause to be
17 decontaminated, or destroy any material of which there is
18 reasonable cause to believe that it may endanger the public
19 health.
20 Section 15-10. Access to and control of facilities and
21 property; generally. The public health authority may
22 exercise, for such period as the state of public health
23 emergency exists, the following powers concerning facilities,
24 materials, roads, or public areas:
25 (1) Use of facilities and materials. To procure, by
26 condemnation (including quick-take under Article VII of the
27 Code of Civil Procedure) or otherwise, construct, lease,
28 transport, store, maintain, renovate, or distribute materials
29 and facilities as may be reasonable and necessary to respond
30 to a public health emergency, with the right to take
31 immediate possession. These materials and facilities include,
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1 but are not limited to, communication devices, carriers, real
2 estate, fuels, food, and clothing.
3 (2) Use of health care facilities. To require a health
4 care facility to provide services or the use of its facility
5 if those services or use are reasonable and necessary to
6 respond to the public health emergency as a condition of
7 licensure, authorization, or the ability to continue doing
8 business in the State as a health care facility. The use of
9 the health care facility may include transferring the
10 management and supervision of the health care facility to the
11 public health authority for a limited or unlimited period of
12 time, but shall not exceed the termination of the declaration
13 of a state of public health emergency.
14 (3) Control of materials. To control, restrict, and
15 regulate by rationing and using quotas, prohibitions on
16 shipments, allocation, or other means, the use, sale,
17 dispensing, distribution, or transportation of food, fuel,
18 clothing, and other commodities, as may be reasonable and
19 necessary to respond to the public health emergency.
20 (4) Control of roads and public areas.
21 (a) To prescribe routes, modes of transportation,
22 and destinations in connection with evacuation of persons
23 or the provision of emergency services.
24 (b) To control or limit ingress and egress to and
25 from any stricken or threatened public area, the movement
26 of persons within the area, and the occupancy of premises
27 in that area, if that action is reasonable and necessary
28 to respond to the public health emergency.
29 Section 15-15. Safe disposal of infectious waste. The
30 public health authority may exercise, for such period as the
31 state of public health emergency exists, the following powers
32 regarding the safe disposal of infectious waste:
33 (1) Adopt measures. To adopt and enforce measures to
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1 provide for the safe disposal of infectious waste as may be
2 reasonable and necessary to respond to the public health
3 emergency. These measures may include, but are not limited
4 to, the collection, storage, handling, destruction,
5 treatment, transportation, and disposal of infectious waste.
6 (2) Control of facilities. To require any business or
7 facility authorized to collect, store, handle, destroy,
8 treat, transport, and dispose of infectious waste under the
9 laws of this State, and any landfill business or other such
10 property, to accept infectious waste, or provide services or
11 the use of the business, facility, or property if that action
12 is reasonable and necessary to respond to the public health
13 emergency as a condition of licensure, authorization, or the
14 ability to continue doing business in the State as such a
15 business or facility. The use of the business, facility, or
16 property may include transferring the management and
17 supervision of the business, facility, or property to the
18 public health authority for a limited or unlimited period of
19 time, but shall not exceed the termination of the declaration
20 of a state of public health emergency.
21 (3) Use of facilities. To procure, by condemnation
22 (including quick-take under Article VII of the Code of Civil
23 Procedure) or otherwise, any business or facility authorized
24 to collect, store, handle, destroy, treat, transport, and
25 dispose of infectious waste under the laws of this State and
26 any landfill business or other property as may be reasonable
27 and necessary to respond to the public health emergency, with
28 the right to take immediate possession.
29 (4) Identification. All bags, boxes, or other containers
30 for infectious waste shall be clearly identified as
31 containing infectious waste and, if known, the type of
32 infectious waste.
33 Section 15-20. Safe disposal of human remains. The public
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1 health authority may exercise, for such period as the state
2 of public health emergency exists, the following powers
3 regarding the safe disposal of human remains:
4 (1) Adopt measures. To adopt and enforce measures to
5 provide for the safe disposal of human remains as may be
6 reasonable and necessary to respond to the public health
7 emergency. These measures may include, but are not limited
8 to, the embalming, burial, cremation, interment,
9 disinterment, transportation, and disposal of human remains.
10 (2) Possession. To take possession or control of any
11 human remains.
12 (3) Disposal. To order the disposal of any human remains
13 of a person who has died of a contagious disease through
14 burial or cremation within 24 hours after death. To the
15 extent possible, religious, cultural, family, and individual
16 beliefs of the deceased person or his or her family shall be
17 considered when disposing of any human remains.
18 (4) Control of facilities. To require any business or
19 facility authorized to embalm, bury, cremate, inter,
20 disinter, transport, and dispose of human remains under the
21 laws of this State to accept any human remains or provide the
22 use of its business or facility if those actions are
23 reasonable and necessary to respond to a public health
24 emergency. The use of the business or facility may include
25 transferring the management and supervision of the business
26 or facility to the public health authority for a limited or
27 unlimited period of time, but shall not exceed the
28 termination of the declaration of a state of public health
29 emergency.
30 (5) Use of facilities. To procure, by condemnation
31 (including quick-take under Article VII of the Code of Civil
32 Procedure) or otherwise, any business or facility authorized
33 to embalm, bury, cremate, inter, disinter, transport, and
34 dispose of human remains under the laws of this State as may
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1 be reasonable and necessary to respond to a public health
2 emergency, with the right to take immediate possession.
3 (6) Labeling. Every human remains prior to disposal
4 shall be clearly labeled with all available information to
5 identify the decedent and the circumstances of death. Any
6 human remains of a deceased person with a contagious disease
7 shall have an external, clearly visible tag indicating that
8 the human remains are infected and, if known, the contagious
9 disease.
10 (7) Identification. Every person in charge of disposing
11 of any human remains shall maintain a written or electronic
12 record of each human remains and all available information to
13 identify the decedent and the circumstances of death and
14 disposal. If a human remains cannot be identified before
15 disposal, a qualified person shall, to the extent possible,
16 take fingerprints and photographs of the human remains,
17 obtain identifying dental information, and collect a DNA
18 specimen. All information gathered under this paragraph shall
19 be promptly forwarded to the public health authority.
20 Section 15-25. Control of health care supplies.
21 (1) Procurement. The public health authority may
22 purchase and distribute anti-toxins, serums, vaccines,
23 immunizing agents, antibiotics, and other pharmaceutical
24 agents or medical supplies that it deems advisable in the
25 interest of preparing for or controlling a public health
26 emergency, without any additional legislative authorization.
27 (2) Rationing. If a state of public health emergency
28 results in a statewide or regional shortage or threatened
29 shortage of any product covered by item (1), whether or not
30 that product has been purchased by the public health
31 authority, the public health authority may control, restrict,
32 and regulate by rationing and using quotas, prohibitions on
33 shipments, allocation, or other means, the use, sale,
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1 dispensing, distribution, or transportation of the relevant
2 product necessary to protect the health, safety, and welfare
3 of the people of the State.
4 (2.5) Priority. In making rationing or other supply and
5 distribution decisions, the public health authority may give
6 preference to health care providers, disaster response
7 personnel, and mortuary staff.
8 (3) Distribution. During a state of public health
9 emergency, the public health authority may procure, store, or
10 distribute any anti-toxins, serums, vaccines, immunizing
11 agents, antibiotics, and other pharmaceutical agents or
12 medical supplies located within the State as may be
13 reasonable and necessary to respond to a public health
14 emergency, with the right to take immediate possession. If a
15 public health emergency simultaneously affects more than one
16 state, nothing in this Section shall be construed to allow
17 the public health authority to obtain anti-toxins, serums,
18 vaccines, immunizing agents, antibiotics, and other
19 pharmaceutical agents or medical supplies for the primary
20 purpose of hoarding those items or preventing their fair and
21 equitable distribution among affected states.
22 Section 15-30. Compensation. The State shall pay just
23 compensation to the owner of any facilities or materials that
24 are lawfully taken or appropriated by a public health
25 authority for its temporary or permanent use under this
26 Article according to the procedures and standards set forth
27 in Section 35-25. Compensation shall not be provided for
28 facilities or materials that are closed, evacuated,
29 decontaminated, or destroyed when there is reasonable cause
30 to believe that they may endanger the public health pursuant
31 to Section 15-5.
32 Section 15-35. Destruction of property. To the extent
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1 practical and consistent with the protection of public
2 health, before the destruction of any property under this
3 Article, the public health authority shall institute
4 appropriate civil proceedings against the property to be
5 destroyed in accordance with the existing laws and rules of
6 the courts of this State or any such rules that may be
7 developed by the courts for use during a state of public
8 health emergency. Any property acquired by the public health
9 authority through those proceedings shall, after entry of the
10 order or decree, be disposed of by destruction as the court
11 may direct.
12 ARTICLE 20. SPECIAL POWERS DURING A STATE OF PUBLIC
13 HEALTH EMERGENCY; PROTECTION OF PERSONS
14 Section 20-5. Protection of persons. During a state of
15 public health emergency, the public health authority shall
16 use every available means to prevent the transmission of
17 infectious disease and to ensure that all cases of contagious
18 disease are subject to proper control and treatment.
19 Section 20-10. Medical examination and testing. During a
20 state of public health emergency the public health authority
21 may perform physical examinations and tests as necessary for
22 the diagnosis or treatment of individuals.
23 (a) Medical examinations or tests may be performed by
24 any qualified person authorized to do so by the public health
25 authority.
26 (b) Medical examinations or tests must not be such as
27 are reasonably likely to lead to serious harm to the affected
28 individual.
29 (c) The public health authority may isolate or
30 quarantine, pursuant to Section 20-15, any person whose
31 refusal of medical examination or testing results in
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1 uncertainty regarding whether he or she has been exposed to
2 or is infected with a contagious or possibly contagious
3 disease or otherwise poses a danger to public health.
4 Section 20-12. Vaccination and treatment. During a state
5 of public health emergency the public health authority may
6 exercise the following emergency powers over persons as
7 necessary to address the public health emergency:
8 (a) Vaccination. To vaccinate persons as protection
9 against infectious disease and to prevent the spread of
10 contagious or possibly contagious disease.
11 (1) Vaccination may be performed by any qualified
12 person authorized to do so by the public health
13 authority.
14 (2) A vaccine to be administered must not be such
15 as is reasonably likely to lead to serious harm to the
16 affected individual.
17 (3) To prevent the spread of contagious or possibly
18 contagious disease the public health authority may
19 isolate or quarantine, pursuant to Section 20-15, persons
20 who are unable or unwilling for reasons of health,
21 religion, or conscience to undergo vaccination pursuant
22 to this Section.
23 (b) Treatment. To treat persons exposed to or infected
24 with disease.
25 (1) Treatment may be administered by any qualified
26 person authorized to do so by the public health
27 authority.
28 (2) Treatment must not be such as is reasonably
29 likely to lead to serious harm to the affected
30 individual.
31 (3) To prevent the spread of contagious or possibly
32 contagious disease the public health authority may
33 isolate or quarantine, pursuant to Section 20-15, persons
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1 who are unable or unwilling for reasons of health,
2 religion, or conscience to undergo treatment pursuant to
3 this Section.
4 Section 20-15. Isolation and quarantine.
5 (a) Authorization. During the public health emergency,
6 the public health authority may isolate (consistent with the
7 definition of "isolation" in Section 1-15) or quarantine
8 (consistent with the definition of quarantine in Section
9 1-15) an individual or groups of individuals. This includes
10 individuals or groups who have not been vaccinated, treated,
11 tested, or examined pursuant to Sections 20-10 and 20-12.
12 The public health authority may also establish and maintain
13 places of isolation and quarantine, and set rules and make
14 orders. Failure to obey these rules, orders, or provisions
15 shall constitute a Class A misdemeanor.
16 (b) Conditions and principles. The public health
17 authority shall adhere to the following conditions and
18 principles when isolating or quarantining individuals or
19 groups of individuals:
20 (1) Isolation and quarantine must be by the least
21 restrictive means necessary to prevent the spread of a
22 contagious or possibly contagious disease to others and
23 may include, but are not limited to, confinement to
24 private homes or other private and public premises.
25 (2) Isolated individuals must be confined
26 separately from quarantined individuals.
27 (3) The health status of isolated and quarantined
28 individuals must be monitored regularly to determine if
29 they require isolation or quarantine.
30 (4) If a quarantined individual subsequently
31 becomes infected or is reasonably believed to have become
32 infected with a contagious or possibly contagious disease
33 he or she must promptly be removed to isolation.
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1 (5) Isolated and quarantined individuals must be
2 immediately released when they pose no substantial risk
3 of transmitting a contagious or possibly contagious
4 disease to others.
5 (6) The needs of persons isolated and quarantined
6 shall be addressed in a systematic and competent fashion,
7 including, but not limited to, providing adequate food,
8 clothing, shelter, means of communication with those in
9 isolation or quarantine and outside these settings,
10 medication, and competent medical care.
11 (7) Premises used for isolation and quarantine
12 shall be maintained in a safe and hygienic manner and be
13 designed to minimize the likelihood of further
14 transmission of infection or other harms to persons
15 isolated and quarantined.
16 (8) To the extent possible, cultural and religious
17 beliefs should be considered in addressing the needs of
18 individuals and in establishing and maintaining isolation
19 and quarantine premises.
20 (c) Cooperation. Persons subject to isolation or
21 quarantine shall obey the public health authority's rules and
22 orders and shall not go beyond the isolation or quarantine
23 premises. Failure to obey these provisions shall constitute a
24 Class A misdemeanor.
25 (d) Entry into isolation or quarantine premises.
26 (1) Authorized entry. The public health authority
27 may authorize physicians, health care workers, or others
28 access to individuals in isolation or quarantine as
29 necessary to meet the needs of isolated or quarantined
30 individuals.
31 (2) Unauthorized entry. No person, other than a
32 person authorized by the public health authority, shall
33 enter isolation or quarantine premises. Failure to obey
34 this provision shall constitute a Class A misdemeanor.
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1 (3) Potential isolation or quarantine. Any person
2 entering an isolation or quarantine premises with or
3 without authorization of the public health authority may
4 be isolated or quarantined pursuant to this Section.
5 Section 20-20. Procedures for isolation and quarantine.
6 During a public health emergency, the isolation and
7 quarantine of an individual or groups of individuals shall be
8 undertaken in accordance with the following procedures.
9 (a) Temporary isolation and quarantine without notice.
10 (1) Authorization. The public health authority may
11 temporarily isolate or quarantine an individual or groups
12 of individuals through a written directive if delay in
13 imposing the isolation or quarantine would significantly
14 jeopardize the public health authority's ability to
15 prevent or limit the transmission of a contagious or
16 possibly contagious disease to others.
17 (2) Content of directive. The written directive
18 shall specify the following: (i) the identity of the
19 individuals or groups of individuals subject to isolation
20 or quarantine; (ii) the premises subject to isolation or
21 quarantine; (iii) the date and time at which isolation or
22 quarantine commences; (iv) the suspected contagious
23 disease if known; and (v) a copy of Article 6 and
24 relevant definitions of this Act.
25 (3) Copies. A copy of the written directive shall
26 be given to the individual to be isolated or quarantined
27 or, if the order applies to a group of individuals and it
28 is impractical to provide individual copies, it may be
29 posted in a conspicuous place in the isolation or
30 quarantine premises.
31 (4) Petition for continued isolation or quarantine.
32 Within 10 days after issuing the written directive, the
33 public health authority shall file a petition pursuant to
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1 subsection (b) for a court order authorizing the
2 continued isolation or quarantine of the isolated or
3 quarantined individual or groups of individuals.
4 (b) Isolation or quarantine with notice.
5 (1) Authorization. The public health authority may
6 make a written petition to the trial court for an order
7 authorizing the isolation or quarantine of an individual
8 or groups of individuals.
9 (2) Content of petition. A petition under
10 subsection (b)(1) shall specify the following: (i) the
11 identity of the individuals or groups of individuals
12 subject to isolation or quarantine; (ii) the premises
13 subject to isolation or quarantine; (iii) the date and
14 time at which isolation or quarantine commences; (iv) the
15 suspected contagious disease if known; (v) a statement of
16 compliance with the conditions and principles for
17 isolation and quarantine of Section 20-15; and (vi) a
18 statement of the basis upon which isolation or quarantine
19 is justified in compliance with this Article. The
20 petition shall be accompanied by the sworn affidavit of
21 the public health authority attesting to the facts
22 asserted in the petition, together with any further
23 information that may be relevant and material to the
24 court's consideration.
25 (3) Notice. Notice to the individuals or groups of
26 individuals identified in the petition shall be
27 accomplished within 24 hours in accordance with the rules
28 of civil procedure.
29 (4) Hearing. A hearing must be held on any petition
30 filed pursuant to this subsection within 5 days after
31 filing of the petition. In extraordinary circumstances
32 and for good cause shown the public health authority may
33 apply to continue the hearing date on a petition filed
34 pursuant to this Section for up to 10 days, which
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1 continuance the court may grant in its discretion giving
2 due regard to the rights of the affected individuals, the
3 protection of the public's health, the severity of the
4 emergency, and the availability of necessary witnesses
5 and evidence.
6 (5) Order. The court shall grant the petition if,
7 by a preponderance of the evidence, isolation or
8 quarantine is shown to be reasonably necessary to prevent
9 or limit the transmission of a contagious or possibly
10 contagious disease to others.
11 (i) An order authorizing isolation or
12 quarantine may do so for a period not to exceed 30
13 days.
14 (ii) The order shall (a) identify the isolated
15 or quarantined individuals or groups of individuals
16 by name or shared or similar characteristics or
17 circumstances; (b) specify factual findings
18 warranting isolation or quarantine pursuant to this
19 Act; (c) include any conditions necessary to ensure
20 that isolation or quarantine is carried out within
21 the stated purposes and restrictions of this Act;
22 and (d) be served on affected individuals or groups
23 of individuals in accordance with the rules of civil
24 procedure.
25 (6) Continuances. Prior to the expiration of an
26 order issued pursuant to subsection (b)(5), the public
27 health authority may move to continue isolation or
28 quarantine for additional periods not to exceed 30 days
29 each. The court shall consider the motion in accordance
30 with standards set forth in subsection (b)(5).
31 (c) Relief from isolation and quarantine.
32 (1) Release. An individual or group of individuals
33 isolated or quarantined pursuant to this Act may apply to
34 the trial court for an order to show cause why the
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1 individual or group of individuals should not be
2 released. The court shall rule on the application to show
3 cause within 48 hours of its filing. If the court grants
4 the application, the court shall schedule a hearing on
5 the order to show cause within 24 hours from issuance of
6 the order to show cause. The issuance of an order to show
7 cause shall not stay or enjoin an isolation or quarantine
8 order.
9 (2) Remedies for breach of conditions. An
10 individual or groups of individuals isolated or
11 quarantined pursuant to this Act may request a hearing in
12 the trial court for remedies regarding breaches to the
13 conditions of isolation or quarantine. A request for a
14 hearing shall not stay or enjoin an isolation or
15 quarantine order.
16 (i) Upon receipt of a request under this
17 subsection alleging extraordinary circumstances
18 justifying the immediate granting of relief, the
19 court shall fix a date for hearing on the matters
20 alleged not more than 24 hours from receipt of the
21 request.
22 (ii) Otherwise, upon receipt of a request
23 under this subsection the court shall fix a date for
24 hearing on the matters alleged within 5 days from
25 receipt of the request.
26 (3) Extensions. In any proceedings brought for
27 relief under this subsection, in extraordinary
28 circumstances and for good cause shown the public health
29 authority may move the court to extend the time for a
30 hearing, which extension the court in its discretion may
31 grant giving due regard to the rights of the affected
32 individuals, the protection of the public's health, the
33 severity of the emergency, and the availability of
34 necessary witnesses and evidence.
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1 (d) Proceedings. A record of the proceedings pursuant to
2 this Section shall be made and retained. In the event that,
3 given a state of public health emergency, parties can not
4 personally appear before the court, proceedings may be
5 conducted by their authorized representatives and be held via
6 any means that allows all parties to fully participate.
7 (e) Court to appoint counsel and consolidate claims.
8 (1) Appointment. The court shall appoint counsel at
9 State expense to represent individuals or groups of
10 individuals who are or who are about to be isolated or
11 quarantined pursuant to the provisions of this Act and
12 who are not otherwise represented by counsel.
13 Appointments shall be made in accordance with the
14 procedures to be specified in the Public Health Emergency
15 Plan and shall last throughout the duration of the
16 isolation or quarantine of the individual or groups of
17 individuals. The public health authority must provide
18 adequate means of communication between those individuals
19 or groups and their counsel.
20 (2) Consolidation. In any proceedings brought
21 pursuant to this Section, to promote the fair and
22 efficient operation of justice and having given due
23 regard to the rights of the affected individuals, the
24 protection of the public's health, the severity of the
25 emergency, and the availability of necessary witnesses
26 and evidence, the court may order the consolidation of
27 individual claims into group or claims where:
28 (i) the number of individuals involved or to
29 be affected is so large as to render individual
30 participation impractical;
31 (ii) there are questions of law or fact common
32 to the individual claims or rights to be determined;
33 (iii) the group claims or rights to be
34 determined are typical of the affected individuals'
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1 claims or rights; and
2 (iv) the entire group will be adequately
3 represented in the consolidation.
4 Section 20-25. Collection of laboratory specimens;
5 performance of tests. The public health authority may, for
6 such period as the state of public health emergency exists,
7 collect specimens and perform tests on living persons as
8 provided in Section 20-10 and also upon deceased persons and
9 any animal, living or deceased, and acquire any previously
10 collected specimens or test results that are reasonable and
11 necessary to respond to a public health emergency.
12 (1) Marking. All specimens shall be clearly marked.
13 (2) Contamination. Specimen collection, handling,
14 storage, and transport to the testing site shall be performed
15 in a manner that will reasonably preclude specimen
16 contamination or adulteration and provide for the safe
17 collection, storage, handling, and transport of the specimen.
18 (3) Chain of custody. Any person authorized to collect
19 specimens or perform tests shall use chain of custody
20 procedures to ensure proper record keeping, handling,
21 labeling, and identification of specimens to be tested. This
22 requirement applies to all specimens, including specimens
23 collected using on-site testing kits.
24 (4) Criminal investigation. Recognizing that, during a
25 state of public health emergency, any specimen collected or
26 test performed may be evidence in a criminal investigation,
27 any business, facility, or agency authorized to collect
28 specimens or perform tests shall provide such support as is
29 reasonable and necessary to aid in a relevant criminal
30 investigation.
31 Section 20-30. Access and disclosure of protected health
32 information.
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1 (1) Access. Access to protected health information of
2 persons who have participated in medical testing, treatment,
3 vaccination, isolation, or quarantine programs or efforts by
4 the public health authority during a public health emergency
5 shall be limited to those persons having a legitimate need to
6 acquire or use the information to:
7 (1) provide treatment to the individual who is the
8 subject of the health information;
9 (2) conduct epidemiologic research; or
10 (3) investigate the causes of transmission.
11 (2) Disclosure. Protected health information held by the
12 public health authority shall not be disclosed to others
13 without individual written, specific informed consent, except
14 for disclosures made:
15 (a) directly to the individual;
16 (b) to the individual's immediate family members or
17 personal representative;
18 (c) to appropriate federal agencies or authorities
19 pursuant to federal law;
20 (d) pursuant to a court order to avert a clear
21 danger to an individual or the public health; or
22 (e) to identify a deceased individual or determine
23 the manner or cause of death.
24 Section 20-35. Licensing and appointment of health
25 personnel. The public health authority may exercise, for such
26 period as the state of public health emergency exists, the
27 following emergency powers regarding licensing and
28 appointment of health personnel:
29 (0.5) Health care providers. To require in-state health
30 care providers to assist in the performance of vaccination,
31 treatment, examination, or testing of any individual as a
32 condition of licensure, authorization, or the ability to
33 continue to function as a health care provider in this State.
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1 (1) Health care providers from other jurisdictions. To
2 appoint and prescribe the duties of such out-of-state
3 emergency health care providers as may be reasonable and
4 necessary to respond to a public health emergency.
5 (a) The appointment of out-of-state emergency
6 health care providers may be for a limited or unlimited
7 time, but shall not exceed the termination of the
8 declaration of a state of public health emergency. The
9 public health authority may terminate the out-of-state
10 appointments at any time or for any reason if the
11 termination will not jeopardize the health, safety, and
12 welfare of the people of this State.
13 (b) The public health authority may waive any or
14 all licensing requirements, permits, or fees required by
15 State statutes and applicable orders, rules, or
16 regulations for health care providers from other
17 jurisdictions to practice in this State.
18 (c) Any out-of-state emergency health care provider
19 appointed under this Section shall not be held liable for
20 any civil damages as a result of medical care or
21 treatment related to the emergency response unless the
22 damages result from providing, or failing to provide,
23 medical care or treatment under circumstances
24 demonstrating a reckless disregard for the consequences
25 so as to affect the life or health of the patient.
26 (2) Personnel to perform duties of medical examiner or
27 coroner. To authorize the medical examiner or coroner to
28 appoint and prescribe the duties of emergency assistant
29 medical examiners or coroners as may be required for the
30 proper performance of the duties of the office.
31 (a) The appointment of emergency assistant medical
32 examiners or coroners under this Section may be for a
33 limited or unlimited time, but shall not exceed the
34 termination of the declaration of a state of public
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1 health emergency. The medical examiner or coroner may
2 terminate emergency appointments at any time or for any
3 reason if the termination will not impede the performance
4 of the duties of the office.
5 (b) The medical examiner or coroner may waive
6 licensing requirements, permits, or fees required by the
7 State statutes and applicable orders, rules, or
8 regulations for the performance of these duties.
9 (c) Any emergency assistant medical examiner or
10 coroner appointed under this Section and acting without
11 malice and within the scope of the prescribed duties is
12 immune from civil liability in the performance of those
13 duties.
14 ARTICLE 25. PUBLIC INFORMATION REGARDING PUBLIC
15 HEALTH EMERGENCY
16 Section 25-5. Dissemination of information. The public
17 health authority shall inform the people of the State when a
18 state of public health emergency has been declared or
19 terminated, how to protect themselves during a state of
20 public health emergency, and what actions are being taken to
21 control the emergency.
22 (1) Means of dissemination. The public health authority
23 shall provide information by all available and reasonable
24 means calculated to bring the information promptly to the
25 attention of the general public.
26 (2) Languages. If the public health authority has reason
27 to believe there are large numbers of people of the State who
28 lack sufficient skills in English to understand the
29 information, the public health authority shall make
30 reasonable efforts to provide the information in the primary
31 languages of those people as well as in English.
32 (3) Accessibility. The provision of information shall be
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1 made in a manner accessible to individuals with disabilities.
2 Section 25-10. Access to mental health support personnel.
3 During and after the declaration of a state of public health
4 emergency, the public health authority shall provide
5 information about and referrals to mental health support
6 personnel to address psychological responses to the public
7 health emergency.
8 ARTICLE 35. MISCELLANEOUS
9 Section 35-5. Titles. For the purposes of this Act,
10 titles and subtitles of Articles, Sections, and subsections
11 are instructive, but not binding.
12 Section 35-10. Rules. The public health authority and
13 other affected agencies must adopt rules that are reasonable
14 and necessary to implement and effectuate this Act. The
15 public health authority and other affected agencies may
16 enforce the provisions of this Act through the imposition of
17 fines and penalties, the issuance of orders, and such other
18 remedies as are provided by law, but nothing in this Section
19 shall be construed to limit specific enforcement powers
20 enumerated in this Act.
21 Section 35-15. Financing and expenses.
22 (1) Transfer of funds. The Governor may transfer from
23 any fund available to the Governor in the State treasury such
24 sums as may be necessary during a public health emergency.
25 (2) Repayment. Moneys so transferred shall be repaid to
26 the fund from which they were transferred when moneys become
27 available for that purpose, by legislative appropriation or
28 otherwise.
29 (3) Conditions. A transfer of funds by the Governor
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1 under the provisions of this Section may be made only when
2 one or more of the following conditions exist:
3 (a) No appropriation or other authorization is
4 available to meet the public health emergency.
5 (b) An appropriation is insufficient to meet the
6 public health emergency.
7 (c) Federal moneys available for such a public
8 health emergency require the use of State or other public
9 moneys.
10 (4) Expenses. All expenses incurred by the State during
11 a state of public health emergency shall be subject to the
12 following limitations:
13 (a) No expense shall be incurred against the moneys
14 authorized under this Section, without the approval of
15 the Governor.
16 (b) The aggregate amount of all expenses incurred
17 under the provisions of this Section shall not exceed
18 $50,000,000 for any fiscal year.
19 (c) Moneys authorized for a state of public health
20 emergency in prior fiscal years may be used in subsequent
21 fiscal years only for the public health emergency for
22 which they were authorized. Moneys authorized for a
23 public health emergency in prior fiscal years, and
24 expended in subsequent fiscal years for the public health
25 emergency for which they were authorized, apply toward
26 the $50,000,000 expense limit for the fiscal year in
27 which they were authorized.
28 Section 35-20. Liability.
29 (1) State immunity. Neither the State, its political
30 subdivisions, nor, except in cases of gross negligence or
31 willful misconduct, the Governor, the public health
32 authority, or any other State or local official referenced in
33 this Act, is liable for the death of or any injury to
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1 persons, or damage to property, as a result of complying with
2 or attempting to comply with this Act or any rule adopted
3 under this Act during a state of public health emergency.
4 (2) Private liability.
5 (a) During a state of public health emergency, any
6 person owning or controlling real estate or other
7 premises who voluntarily and without compensation grants
8 a license or privilege, or otherwise permits the
9 designation or use of the whole or any part or parts of
10 that real estate or premises for the purpose of
11 sheltering persons, together with that person's
12 successors in interest, if any, is not civilly liable for
13 negligently causing the death of, or injury to, any
14 person on or about the real estate or premises under the
15 license, privilege, or other permission, or for
16 negligently causing loss of, or damage to, the property
17 of that person.
18 (b) During a state of public health emergency, any
19 private person, firm, or corporation and employees and
20 agents of that person, firm, or corporation in the
21 performance of a contract with, and under the direction
22 of, the State or its political subdivisions under this
23 Act is not civilly liable for causing the death of, or
24 injury to, any person or damage to any property except in
25 the event of gross negligence or willful misconduct.
26 (c) During a state of public health emergency, any
27 private person, firm, or corporation and employees and
28 agents of that person, firm, or corporation, who renders
29 assistance or advice at the request of the State or its
30 political subdivisions under this Act is not civilly
31 liable for causing the death of, or injury to, any person
32 or damage to any property except in the event of gross
33 negligence or willful misconduct.
34 (d) The immunities provided in this Section do not
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1 apply to any private person, firm, or corporation or
2 employees and agents of that person, firm, or corporation
3 whose act or omission caused in whole or in part the
4 public health emergency and who would otherwise be liable
5 for that act or omission.
6 Section 35-25. Compensation.
7 (1) Taking. Compensation for property shall be made only
8 if private property is lawfully taken or appropriated by a
9 public health authority for its temporary or permanent use
10 during a state of public health emergency declared by the
11 Governor under this Act.
12 (2) Actions. Any action against the State with regard to
13 the payment of compensation shall be brought in the courts of
14 this State in accordance with existing court laws and rules,
15 or any such rules that may be developed by the courts for use
16 during a state of public health emergency.
17 (3) Amount. The amount of compensation shall be
18 calculated in the same manner as compensation due for taking
19 of property pursuant to non-emergency eminent domain
20 procedures, as provided in Article VII of the Code of Civil
21 Procedure, except that the amount of compensation calculated
22 for items obtained under Section 15-25 shall be limited to
23 the costs incurred to produce the item.
24 Section 35-30. Severability. The provisions of this Act
25 are severable under Section 1.31 of the Statute on Statutes.
26 Section 35-35. Saving clause. This Act does not
27 explicitly preempt other laws or regulations that preserve to
28 a greater degree the powers of the Governor or public health
29 authority, provided such laws or regulations are consistent,
30 and do not otherwise restrict or interfere, with the
31 operation or enforcement of the provisions of this Act.
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1 Section 35-40. Conflicting laws.
2 (1) Federal supremacy. This Act does not restrict any
3 person from complying with federal law or regulations.
4 (2) Prior conflicting acts. To the extent of any
5 conflict between this Act and other State or local laws,
6 rules, or regulations concerning public health powers, the
7 provisions of this Act apply.
8 Section 35-50. Home rule. All units of local government,
9 including home rule units, and school districts must comply
10 with the provisions of this Act. All units of local
11 government, including home rule units, and school districts
12 must act in a manner consistent with the provisions of this
13 Act. This Act is a denial and limitation of home rule powers
14 and functions under subsection (i) of Section 6 of Article
15 VII of the Illinois Constitution.
16 ARTICLE 90. AMENDATORY PROVISIONS
17 Section 90-5. The State Mandates Act is amended by
18 adding Section 8.26 as follows:
19 (30 ILCS 805/8.26 new)
20 Sec. 8.26. Exempt mandate. Notwithstanding Sections 6
21 and 8 of this Act, no reimbursement by the State is required
22 for the implementation of any mandate created by the Illinois
23 Emergency Health Powers Act.
24 Section 90-10. The Code of Civil Procedure is amended by
25 adding Section 7-103.139 as follows:
26 (735 ILCS 5/7-103.139 new)
27 Sec. 7-103.139. Quick-take; public health emergencies.
28 Quick-take proceedings under Section 7-103 may be used as
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1 provided in the Illinois Emergency Health Powers Act.
2 ARTICLE 99. EFFECTIVE DATE
3 Section 99-1. Effective date. This Act takes effect upon
4 becoming law.