Full Text of HB4612 93rd General Assembly
HB4612enr 93RD GENERAL ASSEMBLY
|
|
|
HB4612 Enrolled |
|
LRB093 18160 RXD 43853 b |
|
| 1 |
| AN ACT concerning health improvement.
| 2 |
| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Civil Administrative Code of Illinois is | 5 |
| amended by changing Section 5-565 as follows:
| 6 |
| (20 ILCS 5/5-565) (was 20 ILCS 5/6.06)
| 7 |
| Sec. 5-565. In the Department of Public Health.
| 8 |
| (a) The General Assembly declares it to be the public | 9 |
| policy of this
State that all citizens of Illinois are entitled | 10 |
| to lead healthy lives.
Governmental public health has a | 11 |
| specific responsibility to ensure that a
system is in place to | 12 |
| allow the public health mission to be achieved. To
develop a | 13 |
| system requires certain core functions to be performed by
| 14 |
| government. The State Board of Health is to assume the | 15 |
| leadership role in
advising the Director in meeting the | 16 |
| following functions:
| 17 |
| (1) Needs assessment.
| 18 |
| (2) Statewide health objectives.
| 19 |
| (3) Policy development.
| 20 |
| (4) Assurance of access to necessary services.
| 21 |
| There shall be a State Board of Health composed of 17 | 22 |
| persons,
all of
whom shall be appointed by the Governor, with | 23 |
| the advice and consent of the
Senate for those appointed by the | 24 |
| Governor on and after June 30, 1998,
and one of whom shall be a
| 25 |
| senior citizen age 60 or over. Five members shall be physicians | 26 |
| licensed
to practice medicine in all its branches, one | 27 |
| representing a medical school
faculty, one who is board | 28 |
| certified in preventive medicine, and one
2 who is
are
engaged | 29 |
| in private practice. One member shall be a dentist; one an
| 30 |
| environmental health practitioner; one a local public health | 31 |
| administrator;
one a local board of health member; one a | 32 |
| registered nurse; one a
veterinarian; one a public health |
|
|
|
HB4612 Enrolled |
- 2 - |
LRB093 18160 RXD 43853 b |
|
| 1 |
| academician; one a health care industry
representative; one a | 2 |
| representative of the business community; one a representative | 3 |
| of the non-profit public interest community; and 2
4 shall be | 4 |
| citizens at large.
| 5 |
| The terms of Board of Health members shall be 3 years, | 6 |
| except that members shall continue to serve on the Board of | 7 |
| Health until a replacement is appointed. Upon the effective | 8 |
| date of this amendatory Act of the 93rd General Assembly, in | 9 |
| the appointment of the Board of Health members appointed to | 10 |
| vacancies or positions with terms expiring on or before | 11 |
| December 31, 2004, the Governor shall appoint up to 6 members | 12 |
| to serve for terms of 3 years; up to 6 members to serve for | 13 |
| terms of 2 years; and up to 5 members to serve for a term of one | 14 |
| year, so that the term of no more than 6 members expire in the | 15 |
| same year.
In the appointment of the first Board of Health | 16 |
| members appointed
after September 19, 1991 (the effective date | 17 |
| of Public Act 87-633), the Governor shall
appoint 5 members to | 18 |
| serve for terms of 5 years; 5 members to serve for
terms of 2 | 19 |
| years; and 5 members to serve for a term of one year. Members
| 20 |
| appointed thereafter shall be appointed for terms of 3 years, | 21 |
| except that
when
an appointment is made to fill a vacancy, the | 22 |
| appointment
shall be for the remaining term of the position | 23 |
| vacated.
The initial terms for the 2 additional members of the | 24 |
| board who are citizens
at
large appointed under Public Act | 25 |
| 90-607
shall be for 3 years each,
with these positions | 26 |
| thereafter being filled as with other members appointed by
the | 27 |
| Governor.
All members shall
be legal residents of the State of | 28 |
| Illinois. The duties of the Board shall
include, but not be | 29 |
| limited to, the following:
| 30 |
| (1) To advise the Department of ways to encourage | 31 |
| public understanding
and support of the Department's | 32 |
| programs.
| 33 |
| (2) To evaluate all boards, councils, committees, | 34 |
| authorities, and
bodies
advisory to, or an adjunct of, the | 35 |
| Department of Public Health or its
Director for the purpose | 36 |
| of recommending to the Director one or
more of the |
|
|
|
HB4612 Enrolled |
- 3 - |
LRB093 18160 RXD 43853 b |
|
| 1 |
| following:
| 2 |
| (i) The elimination of bodies whose activities
are | 3 |
| not consistent with goals and objectives of the | 4 |
| Department.
| 5 |
| (ii) The consolidation of bodies whose activities | 6 |
| encompass
compatible programmatic subjects.
| 7 |
| (iii) The restructuring of the relationship | 8 |
| between the various
bodies and their integration | 9 |
| within the organizational structure of the
Department.
| 10 |
| (iv) The establishment of new bodies deemed | 11 |
| essential to the
functioning of the Department.
| 12 |
| (3) To serve as an advisory group to the Director for
| 13 |
| public health emergencies and
control of health hazards.
| 14 |
| (4) To advise the Director regarding public health | 15 |
| policy,
and to make health policy recommendations | 16 |
| regarding priorities to the
Governor through the Director.
| 17 |
| (5) To present public health issues to the Director and | 18 |
| to make
recommendations for the resolution of those issues.
| 19 |
| (6) To recommend studies to delineate public health | 20 |
| problems.
| 21 |
| (7) To make recommendations to the Governor through the | 22 |
| Director
regarding the coordination of State public health | 23 |
| activities with other
State and local public health | 24 |
| agencies and organizations.
| 25 |
| (8) To report on or before February 1 of each year on | 26 |
| the health of the
residents of Illinois to the Governor, | 27 |
| the General Assembly, and the
public.
| 28 |
| (9) To review the final draft of all proposed | 29 |
| administrative rules,
other than emergency or preemptory | 30 |
| rules and those rules that another
advisory body must | 31 |
| approve or review within a statutorily defined time
period, | 32 |
| of the Department after September 19, 1991 (the effective | 33 |
| date of
Public Act
87-633). The Board shall review the | 34 |
| proposed rules within 90
days of
submission by the | 35 |
| Department. The Department shall take into consideration
| 36 |
| any comments and recommendations of the Board regarding the |
|
|
|
HB4612 Enrolled |
- 4 - |
LRB093 18160 RXD 43853 b |
|
| 1 |
| proposed rules
prior to submission to the Secretary of | 2 |
| State for initial publication. If
the Department disagrees | 3 |
| with the recommendations of the Board, it shall
submit a | 4 |
| written response outlining the reasons for not accepting | 5 |
| the
recommendations.
| 6 |
| In the case of proposed administrative rules or | 7 |
| amendments to
administrative
rules regarding immunization | 8 |
| of children against preventable communicable
diseases | 9 |
| designated by the Director under the Communicable Disease | 10 |
| Prevention
Act, after the Immunization Advisory Committee | 11 |
| has made its
recommendations, the Board shall conduct 3 | 12 |
| public hearings, geographically
distributed
throughout the | 13 |
| State. At the conclusion of the hearings, the State Board | 14 |
| of
Health shall issue a report, including its | 15 |
| recommendations, to the Director.
The Director shall take | 16 |
| into consideration any comments or recommendations made
by | 17 |
| the Board based on these hearings.
| 18 |
| (10) To deliver to the Governor for presentation to the | 19 |
| General Assembly a State Health Improvement Plan. The first | 20 |
| and second such plans shall be delivered to the Governor on | 21 |
| January 1, 2006 and on January 1, 2009 respectively, and | 22 |
| then every 4 years thereafter. | 23 |
| The Plan shall recommend priorities and strategies to | 24 |
| improve the public health system and the health status of | 25 |
| Illinois residents, taking into consideration national | 26 |
| health objectives and system standards as frameworks for | 27 |
| assessment. | 28 |
| The Plan shall also take into consideration priorities | 29 |
| and strategies developed at the community level through the | 30 |
| Illinois Project for Local Assessment of Needs (IPLAN) and | 31 |
| any regional health improvement plans that may be | 32 |
| developed.
The Plan shall focus on prevention as a key | 33 |
| strategy for long-term health improvement in Illinois. | 34 |
| The Plan shall examine and make recommendations on the | 35 |
| contributions and strategies of the public and private | 36 |
| sectors for improving health status and the public health |
|
|
|
HB4612 Enrolled |
- 5 - |
LRB093 18160 RXD 43853 b |
|
| 1 |
| system in the State. In addition to recommendations on | 2 |
| health status improvement priorities and strategies for | 3 |
| the population of the State as a whole, the Plan shall make | 4 |
| recommendations regarding priorities and strategies for | 5 |
| reducing and eliminating health disparities in Illinois; | 6 |
| including racial, ethnic, gender, age, socio-economic and | 7 |
| geographic disparities. | 8 |
| The Director of the Illinois Department of Public | 9 |
| Health shall appoint a Planning Team that includes a range | 10 |
| of public, private, and voluntary sector stakeholders and | 11 |
| participants in the public health system. This Team shall | 12 |
| include: the directors of State agencies with public health | 13 |
| responsibilities (or their designees), including but not | 14 |
| limited to the Illinois Departments of Public Health and | 15 |
| Department of Human Services, representatives of local | 16 |
| health departments, representatives of local community | 17 |
| health partnerships, and individuals with expertise who | 18 |
| represent an array of organizations and constituencies | 19 |
| engaged in public health improvement and prevention. | 20 |
| The State Board of Health shall hold at least 3 public | 21 |
| hearings addressing drafts of the Plan in representative | 22 |
| geographic areas of the State.
Members of the Planning Team | 23 |
| shall receive no compensation for their services, but may | 24 |
| be reimbursed for their necessary expenses.
To make | 25 |
| recommendations to the Governor through the Director
| 26 |
| concerning the development and periodic updating of | 27 |
| Statewide health objectives
encompassing, in part, the | 28 |
| periodically published federal health objectives
for the | 29 |
| nation, which will provide the basis for the policy | 30 |
| development and
assurance roles of the State Health | 31 |
| Department, and to make recommendations
to the Governor | 32 |
| through the Director regarding legislation and
funding | 33 |
| necessary to implement the objectives.
| 34 |
| (11) Upon the request of the Governor, to recommend to | 35 |
| the Governor
candidates for Director of Public Health when | 36 |
| vacancies occur in the position.
|
|
|
|
HB4612 Enrolled |
- 6 - |
LRB093 18160 RXD 43853 b |
|
| 1 |
| (12) To adopt bylaws for the conduct of its own | 2 |
| business, including the
authority to establish ad hoc | 3 |
| committees to address specific public health
programs | 4 |
| requiring resolution.
| 5 |
| Upon appointment, the Board shall elect a chairperson from | 6 |
| among its
members.
| 7 |
| Members of the Board shall receive compensation for their | 8 |
| services at the
rate of $150 per day, not to exceed $10,000 per | 9 |
| year, as designated by the
Director for each day required for | 10 |
| transacting the business of the Board
and shall be reimbursed | 11 |
| for necessary expenses incurred in the performance
of their | 12 |
| duties. The Board shall meet from time to time at the call of | 13 |
| the
Department, at the call of the chairperson, or upon the | 14 |
| request of 3 of its
members, but shall not meet less than 4 | 15 |
| times per year.
| 16 |
| (b) (Blank).
| 17 |
| (c) An Advisory Board on Necropsy Service to Coroners, | 18 |
| which shall
counsel and advise with the Director on the | 19 |
| administration of the Autopsy
Act. The Advisory Board shall | 20 |
| consist of 11 members, including
a senior citizen age 60 or | 21 |
| over, appointed by the Governor, one of
whom shall be | 22 |
| designated as chairman by a majority of the members of the
| 23 |
| Board. In the appointment of the first Board the Governor shall | 24 |
| appoint 3
members to serve for terms of 1 year, 3 for terms of 2 | 25 |
| years, and 3 for
terms of 3 years. The members first appointed | 26 |
| under Public Act 83-1538 shall serve for a term of 3 years. All | 27 |
| members appointed thereafter
shall be appointed for terms of 3 | 28 |
| years, except that when an
appointment is made
to fill a | 29 |
| vacancy, the appointment shall be for the remaining
term of the | 30 |
| position vacant. The members of the Board shall be citizens of
| 31 |
| the State of Illinois. In the appointment of members of the | 32 |
| Advisory Board
the Governor shall appoint 3 members who shall | 33 |
| be persons licensed to
practice medicine and surgery in the | 34 |
| State of Illinois, at least 2 of whom
shall have received | 35 |
| post-graduate training in the field of pathology; 3
members who | 36 |
| are duly elected coroners in this State; and 5 members who
|
|
|
|
HB4612 Enrolled |
- 7 - |
LRB093 18160 RXD 43853 b |
|
| 1 |
| shall have interest and abilities in the field of forensic | 2 |
| medicine but who
shall be neither persons licensed to practice | 3 |
| any branch of medicine in
this State nor coroners. In the | 4 |
| appointment of medical and coroner members
of the Board, the | 5 |
| Governor shall invite nominations from recognized medical
and | 6 |
| coroners organizations in this State respectively. Board | 7 |
| members, while
serving on business of the Board, shall receive | 8 |
| actual necessary travel and
subsistence expenses while so | 9 |
| serving away from their places of residence.
| 10 |
| (Source: P.A. 90-607, eff. 6-30-98; 91-239, eff. 1-1-00; | 11 |
| 91-798, eff. 7-9-00.)
|
|