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1 | AN ACT in relation to public health.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Department of Public Health Act is amended | |||||||||||||||||||
5 | by changing
Section 2 as follows:
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6 | (20 ILCS 2305/2) (from Ch. 111 1/2, par. 22)
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7 | Sec. 2. Powers.
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8 | (a) The State Department of Public Health has general | |||||||||||||||||||
9 | supervision of
the interests of the health and lives of the | |||||||||||||||||||
10 | people of the State. It has
supreme authority in matters of | |||||||||||||||||||
11 | quarantine, and may declare and enforce
quarantine when none | |||||||||||||||||||
12 | exists, and may modify or relax quarantine when it has
been | |||||||||||||||||||
13 | established. The Department may adopt, promulgate, repeal and | |||||||||||||||||||
14 | amend
rules and regulations and make such sanitary | |||||||||||||||||||
15 | investigations and inspections
as it may from time to time deem | |||||||||||||||||||
16 | necessary for the preservation and
improvement of the public | |||||||||||||||||||
17 | health, consistent with law regulating the
following:
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18 | (1) Transportation of the remains of deceased persons.
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19 | (2) Sanitary practices relating to drinking water made
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20 | accessible to the
public for human consumption or for | |||||||||||||||||||
21 | lavatory or culinary purposes.
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22 | (3) Sanitary practices relating to rest room | |||||||||||||||||||
23 | facilities made
accessible
to the public or to persons | |||||||||||||||||||
24 | handling food served to the public.
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25 | (4) Sanitary practices relating to disposal of human | |||||||||||||||||||
26 | wastes in
or from all buildings and places where people | |||||||||||||||||||
27 | live, work or assemble.
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28 | The provisions of the Illinois Administrative Procedure | |||||||||||||||||||
29 | Act are hereby
expressly adopted and shall apply to all | |||||||||||||||||||
30 | administrative rules and
procedures of the Department of Public | |||||||||||||||||||
31 | Health under this Act, except that
Section 5-35 of the Illinois | |||||||||||||||||||
32 | Administrative Procedure Act relating to
procedures for |
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1 | rule-making does not apply to the adoption of any rule
required | ||||||
2 | by federal law in connection with which the Department is
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3 | precluded by law from exercising any discretion.
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4 | All local boards of health, health authorities and | ||||||
5 | officers, police
officers, sheriffs and all other officers and | ||||||
6 | employees of the state or any
locality shall enforce the rules | ||||||
7 | and regulations so adopted.
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8 | The Department of Public Health shall conduct a public | ||||||
9 | information
campaign to inform Hispanic women of the high | ||||||
10 | incidence of breast cancer
and the importance of mammograms and | ||||||
11 | where to obtain a mammogram.
This requirement may be satisfied | ||||||
12 | by translation into Spanish and
distribution of the breast | ||||||
13 | cancer summaries required by Section 2310-345 of
the Department | ||||||
14 | of Public Health Powers and Duties Law (20 ILCS
2310/2310-345).
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15 | The information provided by the Department of Public Health | ||||||
16 | shall include (i)
a statement that mammography is the most | ||||||
17 | accurate method for making an early
detection of breast cancer, | ||||||
18 | however, no diagnostic tool is 100% effective and
(ii) | ||||||
19 | instructions for performing breast
self-examination and a | ||||||
20 | statement that it is
important to perform a breast | ||||||
21 | self-examination monthly.
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22 | The Department of Public Health shall investigate the | ||||||
23 | causes of
dangerously contagious or infectious diseases, | ||||||
24 | especially when existing in
epidemic form, and take means to | ||||||
25 | restrict and suppress the same, and
whenever such disease | ||||||
26 | becomes, or threatens to become epidemic, in any
locality and | ||||||
27 | the local board of health or local authorities neglect or
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28 | refuse to enforce efficient measures for its restriction or | ||||||
29 | suppression or
to act with sufficient promptness or efficiency, | ||||||
30 | or whenever the local
board of health or local authorities | ||||||
31 | neglect or refuse to promptly enforce
efficient measures for | ||||||
32 | the restriction or suppression of dangerously
contagious or | ||||||
33 | infectious diseases, the Department of Public Health may
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34 | enforce such measures as it deems necessary to protect the | ||||||
35 | public health,
and all necessary expenses so incurred shall be | ||||||
36 | paid by the locality for
which services are rendered.
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1 | (b) Subject to the provisions of subsection (c), the | ||||||
2 | Department may order
a person to be quarantined or isolated or | ||||||
3 | a place to be closed and made off
limits to the
public to | ||||||
4 | prevent the probable spread of a dangerously contagious or | ||||||
5 | infectious
disease, including non-compliant tuberculosis | ||||||
6 | patients, until such time as the
condition can be corrected or | ||||||
7 | the danger to the public health eliminated or
reduced in such a | ||||||
8 | manner that no substantial danger to the public's health any
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9 | longer exists.
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10 | (c) No person may be ordered to be quarantined or isolated | ||||||
11 | and no place may
be ordered to
be closed and made off limits to | ||||||
12 | the public except with the consent of the
person or owner of | ||||||
13 | the place or
upon the order of a court of competent | ||||||
14 | jurisdiction. To obtain a court order,
the Department, by clear | ||||||
15 | and convincing evidence, must prove that the public's
health | ||||||
16 | and
welfare are significantly endangered by a person with a | ||||||
17 | dangerously contagious
or infectious disease including | ||||||
18 | non-compliant tuberculosis patients or
by a place where there | ||||||
19 | is a significant amount of activity likely to spread a
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20 | dangerously contagious or infectious disease. The Department | ||||||
21 | must also prove
that
all other
reasonable means of correcting | ||||||
22 | the problem have been exhausted and no less
restrictive | ||||||
23 | alternative exists.
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24 | (d) This Section shall be considered supplemental to the | ||||||
25 | existing
authority and powers of the Department and shall not | ||||||
26 | be construed to
restrain or restrict the Department in | ||||||
27 | protecting the public health under any
other provisions of the | ||||||
28 | law.
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29 | (e) Any person who knowingly or maliciously disseminates | ||||||
30 | any false
information or report concerning the existence of any | ||||||
31 | dangerously contagious or
infectious disease in connection | ||||||
32 | with the Department's power of quarantine,
isolation and | ||||||
33 | closure or refuses to comply with a quarantine, isolation or
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34 | closure order is guilty
of a Class A misdemeanor.
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35 | (f) The Department of Public Health may establish and | ||||||
36 | maintain a
chemical
and bacteriologic laboratory for the |
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1 | examination of water and wastes, and
for the diagnosis of | ||||||
2 | diphtheria, typhoid fever, tuberculosis, malarial
fever and | ||||||
3 | such other diseases as it deems necessary for the protection of
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4 | the public health.
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5 | As used in this Act, "locality" means any governmental | ||||||
6 | agency which
exercises power pertaining to public health in an | ||||||
7 | area less than the State.
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8 | The terms "sanitary investigations and inspections" and | ||||||
9 | "sanitary
practices" as used in this Act shall not include or | ||||||
10 | apply to "Public Water
Supplies" or "Sewage Works" as defined | ||||||
11 | in the Environmental Protection Act.
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12 | (Source: P.A. 91-239, eff. 1-1-00.)
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