(410 ILCS 525/4) (from Ch. 111 1/2, par. 6704)
Sec. 4. (a) There is created the Health and Hazardous Substances
Coordinating Council, to be comprised of the following persons ex officio
or their designees: Dean of the School of Public Health of the University of
Illinois, Director of Natural Resources, Director of Public
Health, Director of Labor, Director of Agriculture, Director of the
Environmental Protection Agency and the Director of Nuclear Safety.
The University of Illinois School of Public Health shall advise the
Department in the design, function and utilization of the Registry.
(b) To facilitate the collection of cancer incidence information, the
Department, in consultation with the Advisory Board of Cancer Control,
shall have the authority to require hospitals, laboratories or other
facilities to report incidences of cancer and other specified tumorous and
precancerous diseases to the Department, and to require the submission of
such other information pertaining to or in connection with such reported
cases as the Department deems necessary or appropriate for the purposes of
this Act. The Department may promulgate rules or regulations specifying
the hospitals, laboratories or other facilities which are required to
submit information pursuant to this Section, the types of information
required to be submitted, methods of submitting such information and any
other detail deemed by the Department to be necessary or appropriate for
administration of this Act. Nothing in this Act shall be construed to
compel any individual to submit to a medical examination or supervision.
(c) The Director shall by rule or regulation establish standards or
guidelines for ensuring the protection of information made confidential or
privileged under law.
(d) The identity, or any group of facts that tends to lead to
the
identity, of any person whose condition or treatment is submitted to the
Illinois Health and Hazardous Substances Registry is confidential and shall
not be open to public inspection or dissemination and is exempt from disclosure under Section 7 of the Freedom of Information Act. The following data elements, alone or in combination, are confidential, shall not be open to public inspection or dissemination, and are exempt from disclosure under Section 7 of the Freedom of Information Act: name, social security number, street address, email address, telephone number, fax number, medical record number, certificate/license number, reporting source (unless permitted by the reporting facility), age (unless aggregated for 5 or more years, ZIP code (unless aggregated for 5 or more years), and diagnosis date (unless aggregated for one or more years for the entire State or for 3 or more years for a single county).
The identity of any person or persons claimed
to be derived from cancer registry data is not admissible in evidence, and no
court shall require information to be produced in discovery if it determines
that the information tends to lead to the identity of any person.
Information for
specific research purposes may be released in accordance with procedures
established by the Department.
Except as provided by rule, and as part of an epidemiologic
investigation, an officer or employee of the Department may interview a
patient named in a report made under this Act, or relatives of any such
patient, only with the express written consent of the patient.
(e) Hospitals, laboratories, other facilities or physicians shall not be
held liable for the release of information or confidential data to the
Department in accordance with this Act. The Department shall protect any
information made confidential or privileged under law.
(Source: P.A. 95-941, eff. 8-29-08.)
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