Illinois General Assembly - Full Text of Public Act 097-0734
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Public Act 097-0734




Public Act 097-0734
SB0174 EnrolledLRB097 04016 JDS 44055 b

    AN ACT concerning government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Civil Administrative Code of Illinois is
amended by changing Section 5-565 as follows:
    (20 ILCS 5/5-565)  (was 20 ILCS 5/6.06)
    Sec. 5-565. In the Department of Public Health.
    (a) The General Assembly declares it to be the public
policy of this State that all citizens of Illinois are entitled
to lead healthy lives. Governmental public health has a
specific responsibility to ensure that a public health system
is in place to allow the public health mission to be achieved.
The public health system is the collection of public, private,
and voluntary entities as well as individuals and informal
associations that contribute to the public's health within the
State. To develop a public health system requires certain core
functions to be performed by government. The State Board of
Health is to assume the leadership role in advising the
Director in meeting the following functions:
        (1) Needs assessment.
        (2) Statewide health objectives.
        (3) Policy development.
        (4) Assurance of access to necessary services.
    There shall be a State Board of Health composed of 19
persons, all of whom shall be appointed by the Governor, with
the advice and consent of the Senate for those appointed by the
Governor on and after June 30, 1998, and one of whom shall be a
senior citizen age 60 or over. Five members shall be physicians
licensed to practice medicine in all its branches, one
representing a medical school faculty, one who is board
certified in preventive medicine, and one who is engaged in
private practice. One member shall be a chiropractic physician.
One member shall be a dentist; one an environmental health
practitioner; one a local public health administrator; one a
local board of health member; one a registered nurse; one a
physical therapist; one a veterinarian; one a public health
academician; one a health care industry representative; one a
representative of the business community; one a representative
of the non-profit public interest community; and 2 shall be
citizens at large.
    The terms of Board of Health members shall be 3 years,
except that members shall continue to serve on the Board of
Health until a replacement is appointed. Upon the effective
date of this amendatory Act of the 93rd General Assembly, in
the appointment of the Board of Health members appointed to
vacancies or positions with terms expiring on or before
December 31, 2004, the Governor shall appoint up to 6 members
to serve for terms of 3 years; up to 6 members to serve for
terms of 2 years; and up to 5 members to serve for a term of one
year, so that the term of no more than 6 members expire in the
same year. All members shall be legal residents of the State of
Illinois. The duties of the Board shall include, but not be
limited to, the following:
        (1) To advise the Department of ways to encourage
    public understanding and support of the Department's
        (2) To evaluate all boards, councils, committees,
    authorities, and bodies advisory to, or an adjunct of, the
    Department of Public Health or its Director for the purpose
    of recommending to the Director one or more of the
            (i) The elimination of bodies whose activities are
        not consistent with goals and objectives of the
            (ii) The consolidation of bodies whose activities
        encompass compatible programmatic subjects.
            (iii) The restructuring of the relationship
        between the various bodies and their integration
        within the organizational structure of the Department.
            (iv) The establishment of new bodies deemed
        essential to the functioning of the Department.
        (3) To serve as an advisory group to the Director for
    public health emergencies and control of health hazards.
        (4) To advise the Director regarding public health
    policy, and to make health policy recommendations
    regarding priorities to the Governor through the Director.
        (5) To present public health issues to the Director and
    to make recommendations for the resolution of those issues.
        (6) To recommend studies to delineate public health
        (7) To make recommendations to the Governor through the
    Director regarding the coordination of State public health
    activities with other State and local public health
    agencies and organizations.
        (8) To report on or before February 1 of each year on
    the health of the residents of Illinois to the Governor,
    the General Assembly, and the public.
        (9) To review the final draft of all proposed
    administrative rules, other than emergency or preemptory
    rules and those rules that another advisory body must
    approve or review within a statutorily defined time period,
    of the Department after September 19, 1991 (the effective
    date of Public Act 87-633). The Board shall review the
    proposed rules within 90 days of submission by the
    Department. The Department shall take into consideration
    any comments and recommendations of the Board regarding the
    proposed rules prior to submission to the Secretary of
    State for initial publication. If the Department disagrees
    with the recommendations of the Board, it shall submit a
    written response outlining the reasons for not accepting
    the recommendations.
        In the case of proposed administrative rules or
    amendments to administrative rules regarding immunization
    of children against preventable communicable diseases
    designated by the Director under the Communicable Disease
    Prevention Act, after the Immunization Advisory Committee
    has made its recommendations, the Board shall conduct 3
    public hearings, geographically distributed throughout the
    State. At the conclusion of the hearings, the State Board
    of Health shall issue a report, including its
    recommendations, to the Director. The Director shall take
    into consideration any comments or recommendations made by
    the Board based on these hearings.
        (10) To deliver to the Governor for presentation to the
    General Assembly a State Health Improvement Plan. The first
    3 and second such plans shall be delivered to the Governor
    on January 1, 2006, and on January 1, 2009, and January 1,
    2016 respectively, and then every 5 4 years thereafter.
        The Plan shall recommend priorities and strategies to
    improve the public health system and the health status of
    Illinois residents, taking into consideration national
    health objectives and system standards as frameworks for
        The Plan shall also take into consideration priorities
    and strategies developed at the community level through the
    Illinois Project for Local Assessment of Needs (IPLAN) and
    any regional health improvement plans that may be
    developed. The Plan shall focus on prevention as a key
    strategy for long-term health improvement in Illinois.
        The Plan shall examine and make recommendations on the
    contributions and strategies of the public and private
    sectors for improving health status and the public health
    system in the State. In addition to recommendations on
    health status improvement priorities and strategies for
    the population of the State as a whole, the Plan shall make
    recommendations regarding priorities and strategies for
    reducing and eliminating health disparities in Illinois;
    including racial, ethnic, gender, age, socio-economic and
    geographic disparities.
        The Director of the Illinois Department of Public
    Health shall appoint a Planning Team that includes a range
    of public, private, and voluntary sector stakeholders and
    participants in the public health system. This Team shall
    include: the directors of State agencies with public health
    responsibilities (or their designees), including but not
    limited to the Illinois Departments of Public Health and
    Department of Human Services, representatives of local
    health departments, representatives of local community
    health partnerships, and individuals with expertise who
    represent an array of organizations and constituencies
    engaged in public health improvement and prevention.
        The State Board of Health shall hold at least 3 public
    hearings addressing drafts of the Plan in representative
    geographic areas of the State. Members of the Planning Team
    shall receive no compensation for their services, but may
    be reimbursed for their necessary expenses.
        Upon the delivery of each State Health Improvement
    Plan, the Governor shall appoint a SHIP Implementation
    Coordination Council that includes a range of public,
    private, and voluntary sector stakeholders and
    participants in the public health system. The Council shall
    include the directors of State agencies and entities with
    public health system responsibilities (or their
    designees), including but not limited to the Department of
    Public Health, Department of Human Services, Department of
    Healthcare and Family Services, Environmental Protection
    Agency, Illinois State Board of Education, Department on
    Aging, Illinois Violence Prevention Authority, Department
    of Agriculture, Department of Insurance, Department of
    Financial and Professional Regulation, Department of
    Transportation, and Department of Commerce and Economic
    Opportunity and the Chair of the State Board of Health. The
    Council shall include representatives of local health
    departments and individuals with expertise who represent
    an array of organizations and constituencies engaged in
    public health improvement and prevention, including
    non-profit public interest groups, health issue groups,
    faith community groups, health care providers, businesses
    and employers, academic institutions, and community-based
    organizations. The Governor shall endeavor to make the
    membership of the Council representative of the racial,
    ethnic, gender, socio-economic, and geographic diversity
    of the State. The Governor shall designate one State agency
    representative and one other non-governmental member as
    co-chairs of the Council. The Governor shall designate a
    member of the Governor's office to serve as liaison to the
    Council and one or more State agencies to provide or
    arrange for support to the Council. The members of the SHIP
    Implementation Coordination Council for each State Health
    Improvement Plan shall serve until the delivery of the
    subsequent State Health Improvement Plan, whereupon a new
    Council shall be appointed. Members of the SHIP Planning
    Team may serve on the SHIP Implementation Coordination
    Council if so appointed by the Governor.
        The SHIP Implementation Coordination Council shall
    coordinate the efforts and engagement of the public,
    private, and voluntary sector stakeholders and
    participants in the public health system to implement each
    SHIP. The Council shall serve as a forum for collaborative
    action; coordinate existing and new initiatives; develop
    detailed implementation steps, with mechanisms for action;
    implement specific projects; identify public and private
    funding sources at the local, State and federal level;
    promote public awareness of the SHIP; advocate for the
    implementation of the SHIP; and develop an annual report to
    the Governor, General Assembly, and public regarding the
    status of implementation of the SHIP. The Council shall
    not, however, have the authority to direct any public or
    private entity to take specific action to implement the
        (11) Upon the request of the Governor, to recommend to
    the Governor candidates for Director of Public Health when
    vacancies occur in the position.
        (12) To adopt bylaws for the conduct of its own
    business, including the authority to establish ad hoc
    committees to address specific public health programs
    requiring resolution.
        (13) To review and comment upon the Comprehensive
    Health Plan submitted by the Center for Comprehensive
    Health Planning as provided under Section 2310-217 of the
    Department of Public Health Powers and Duties Law of the
    Civil Administrative Code of Illinois.
    Upon appointment, the Board shall elect a chairperson from
among its members.
    Members of the Board shall receive compensation for their
services at the rate of $150 per day, not to exceed $10,000 per
year, as designated by the Director for each day required for
transacting the business of the Board and shall be reimbursed
for necessary expenses incurred in the performance of their
duties. The Board shall meet from time to time at the call of
the Department, at the call of the chairperson, or upon the
request of 3 of its members, but shall not meet less than 4
times per year.
    (b) (Blank).
    (c) An Advisory Board on Necropsy Service to Coroners,
which shall counsel and advise with the Director on the
administration of the Autopsy Act. The Advisory Board shall
consist of 11 members, including a senior citizen age 60 or
over, appointed by the Governor, one of whom shall be
designated as chairman by a majority of the members of the
Board. In the appointment of the first Board the Governor shall
appoint 3 members to serve for terms of 1 year, 3 for terms of 2
years, and 3 for terms of 3 years. The members first appointed
under Public Act 83-1538 shall serve for a term of 3 years. All
members appointed thereafter shall be appointed for terms of 3
years, except that when an appointment is made to fill a
vacancy, the appointment shall be for the remaining term of the
position vacant. The members of the Board shall be citizens of
the State of Illinois. In the appointment of members of the
Advisory Board the Governor shall appoint 3 members who shall
be persons licensed to practice medicine and surgery in the
State of Illinois, at least 2 of whom shall have received
post-graduate training in the field of pathology; 3 members who
are duly elected coroners in this State; and 5 members who
shall have interest and abilities in the field of forensic
medicine but who shall be neither persons licensed to practice
any branch of medicine in this State nor coroners. In the
appointment of medical and coroner members of the Board, the
Governor shall invite nominations from recognized medical and
coroners organizations in this State respectively. Board
members, while serving on business of the Board, shall receive
actual necessary travel and subsistence expenses while so
serving away from their places of residence.
(Source: P.A. 96-31, eff. 6-30-09; 96-455, eff. 8-14-09;
96-1000, eff. 7-2-10; 96-1153, eff. 7-21-10.)

Effective Date: 1/1/2013