Full Text of HB2010 102nd General Assembly
HB2010 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB2010 Introduced 2/17/2021, by Rep. Jim Durkin SYNOPSIS AS INTRODUCED: | | 20 ILCS 2305/2 | from Ch. 111 1/2, par. 22 |
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Amends the Department of Public Health Act. Makes a technical change in a
Section concerning the powers of the Department.
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| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Public Health Act is amended | 5 | | by changing Section 2 as follows:
| 6 | | (20 ILCS 2305/2) (from Ch. 111 1/2, par. 22)
| 7 | | Sec. 2. Powers.
| 8 | | (a) The
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 isolation, and may declare and enforce
| 12 | | quarantine and isolation when none exists, and may modify or | 13 | | relax quarantine and isolation when it has
been established. | 14 | | The Department may adopt, promulgate, repeal and amend
rules | 15 | | and regulations and make such sanitary investigations and | 16 | | inspections
as it may from time to time deem necessary for the | 17 | | preservation and
improvement of the public health, consistent | 18 | | with law regulating the
following:
| 19 | | (1) Transportation of the remains of deceased persons.
| 20 | | (2) Sanitary practices relating to drinking water made
| 21 | | accessible to the
public for human consumption or for | 22 | | lavatory or culinary purposes.
| 23 | | (3) Sanitary practices relating to rest room |
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| 1 | | facilities made
accessible
to the public or to persons | 2 | | handling food served to the public.
| 3 | | (4) Sanitary practices relating to disposal of human | 4 | | wastes in
or from all buildings and places where people | 5 | | live, work or assemble.
| 6 | | The provisions of the Illinois Administrative Procedure | 7 | | Act are hereby
expressly adopted and shall apply to all | 8 | | administrative rules and
procedures of the Department of | 9 | | Public Health under this Act, except that
Section 5-35 of the | 10 | | Illinois Administrative Procedure Act relating to
procedures | 11 | | for rule-making does not apply to the adoption of any rule
| 12 | | required by federal law in connection with which the | 13 | | Department is
precluded by law from exercising any discretion.
| 14 | | All local boards of health, health authorities and | 15 | | officers, police
officers, sheriffs and all other officers and | 16 | | employees of the state or any
locality shall enforce the rules | 17 | | and regulations so adopted and orders issued by the Department | 18 | | pursuant to this Section.
| 19 | | The Department of Public Health shall conduct a public | 20 | | information
campaign to inform Hispanic women of the high | 21 | | incidence of breast cancer
and the importance of mammograms | 22 | | and where to obtain a mammogram.
This requirement may be | 23 | | satisfied by translation into Spanish and
distribution of the | 24 | | breast cancer summaries required by Section 2310-345 of
the | 25 | | Department of Public Health Powers and Duties Law (20 ILCS
| 26 | | 2310/2310-345).
The information provided by the Department of |
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| 1 | | Public Health shall include (i)
a statement that mammography | 2 | | is the most accurate method for making an early
detection of | 3 | | breast cancer, however, no diagnostic tool is 100% effective | 4 | | and
(ii) instructions for performing breast
self-examination | 5 | | and a statement that it is
important to perform a breast | 6 | | self-examination monthly.
| 7 | | The Department of Public Health shall investigate the | 8 | | causes of
dangerously contagious or infectious diseases, | 9 | | especially when existing in
epidemic form, and take means to | 10 | | restrict and suppress the same, and
whenever such disease | 11 | | becomes, or threatens to become epidemic, in any
locality and | 12 | | the local board of health or local authorities neglect or
| 13 | | refuse to enforce efficient measures for its restriction or | 14 | | suppression or
to act with sufficient promptness or | 15 | | efficiency, or whenever the local
board of health or local | 16 | | authorities neglect or refuse to promptly enforce
efficient | 17 | | measures for the restriction or suppression of dangerously
| 18 | | contagious or infectious diseases, the Department of Public | 19 | | Health may
enforce such measures as it deems necessary to | 20 | | protect the public health,
and all necessary expenses so | 21 | | incurred shall be paid by the locality for
which services are | 22 | | rendered.
| 23 | | (b) Subject to the provisions of subsection (c), the | 24 | | Department may order
a person or group of persons to be | 25 | | quarantined or isolated or may order a place to be closed and | 26 | | made off
limits to the
public to prevent the probable spread of |
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| 1 | | a dangerously contagious or infectious
disease, including | 2 | | non-compliant tuberculosis patients, until such time as the
| 3 | | condition can be corrected or the danger to the public health | 4 | | eliminated or
reduced in such a manner that no substantial | 5 | | danger to the public's health any
longer exists. Orders for | 6 | | isolation of a person or quarantine of a place to prevent the | 7 | | probable spread of a sexually transmissible disease shall be | 8 | | governed by the provisions of Section 7 of the Illinois | 9 | | Sexually Transmissible Disease Control Act and not this | 10 | | Section.
| 11 | | (c) Except as provided in this Section, no person or a | 12 | | group of persons may be ordered to be quarantined or isolated | 13 | | and no place may
be ordered to
be closed and made off limits to | 14 | | the public except with the consent of the
person or owner of | 15 | | the place or
upon the prior order of a court of competent | 16 | | jurisdiction. The Department may, however, order a person or a | 17 | | group of persons to be quarantined or isolated or may order a | 18 | | place to be closed and made off limits to the public on an | 19 | | immediate basis without prior consent or court order if, in | 20 | | the reasonable judgment of the Department, immediate action is | 21 | | required to protect the public from a dangerously contagious | 22 | | or infectious disease. In the event of an immediate order | 23 | | issued without prior consent or court order, the Department | 24 | | shall, as soon as practical, within 48 hours after issuing the | 25 | | order, obtain the consent of the person or owner or file a | 26 | | petition requesting a court order authorizing the isolation or |
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| 1 | | quarantine or closure. When exigent circumstances exist that | 2 | | cause the court system to be unavailable or that make it | 3 | | impossible to obtain consent or file a petition within 48 | 4 | | hours after issuance of an immediate order, the Department | 5 | | must obtain consent or file a petition requesting a court | 6 | | order as soon as reasonably possible. To obtain a court order,
| 7 | | the Department, by clear and convincing evidence, must prove | 8 | | that the public's
health and
welfare are significantly | 9 | | endangered by a person or group of persons that has, that is | 10 | | suspected of having, that has been exposed to, or that is | 11 | | reasonably believed to have been exposed to a dangerously | 12 | | contagious
or infectious disease including non-compliant | 13 | | tuberculosis patients or
by a place where there is a | 14 | | significant amount of activity likely to spread a
dangerously | 15 | | contagious or infectious disease. The Department must also | 16 | | prove
that
all other
reasonable means of correcting the | 17 | | problem have been exhausted and no less
restrictive | 18 | | alternative exists. For purposes of this subsection, in | 19 | | determining whether no less restrictive alternative exists, | 20 | | the court shall consider evidence showing that, under the | 21 | | circumstances presented by the case in which an order is | 22 | | sought, quarantine or isolation is the measure provided for in | 23 | | a rule of the Department or in guidelines issued by the Centers | 24 | | for Disease Control and Prevention or the World Health | 25 | | Organization. Persons who are or are about to be ordered to be | 26 | | isolated or quarantined and owners of places that are or are |
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| 1 | | about to be closed and made off limits to the public shall have | 2 | | the right to counsel. If a person or owner is indigent, the | 3 | | court shall appoint counsel for that person or owner. Persons | 4 | | who are ordered to be isolated or quarantined or who are owners | 5 | | of places that are ordered to be closed and made off limits to | 6 | | the public, shall be given a written notice of such order. The | 7 | | written notice shall additionally include the following: (1) | 8 | | notice of the right to counsel; (2) notice that if the person | 9 | | or owner is indigent, the court will appoint counsel for that | 10 | | person or owner; (3) notice of the reason for the order for | 11 | | isolation, quarantine, or closure; (4) notice of whether the | 12 | | order is an immediate order, and if so, the time frame for the | 13 | | Department to seek consent or to file a petition requesting a | 14 | | court order as set out in this subsection; and (5) notice of | 15 | | the anticipated duration of the isolation, quarantine, or | 16 | | closure.
| 17 | | (d) The Department may order physical examinations and | 18 | | tests and collect laboratory specimens as necessary for the | 19 | | diagnosis or treatment of individuals in order to prevent the | 20 | | probable spread of a dangerously contagious or infectious | 21 | | disease. Physical examinations, tests, or collection of | 22 | | laboratory specimens must not be such as are reasonably likely | 23 | | to lead to serious harm to the affected individual. To prevent | 24 | | the spread of a dangerously contagious or infectious disease, | 25 | | the Department may, pursuant to the provisions of subsection | 26 | | (c) of this Section, isolate or quarantine any person whose |
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| 1 | | refusal of physical examination or testing or collection of | 2 | | laboratory specimens results in uncertainty regarding whether | 3 | | he or she has been exposed to or is infected with a dangerously | 4 | | contagious or infectious disease or otherwise poses a danger | 5 | | to the public's health. An individual may refuse to consent to | 6 | | a physical examination, test, or collection of laboratory | 7 | | specimens. An individual shall be given a written notice that | 8 | | shall include notice of the following: (i) that the individual | 9 | | may refuse to consent to physical examination, test, or | 10 | | collection of laboratory specimens; (ii) that if the | 11 | | individual consents to physical examination, tests, or | 12 | | collection of laboratory specimens, the results of that | 13 | | examination, test, or collection of laboratory specimens may | 14 | | subject the individual to isolation or quarantine pursuant to | 15 | | the provisions of subsection (c) of this Section; (iii) that | 16 | | if the individual refuses to consent to physical examination, | 17 | | tests, or collection of laboratory specimens and that refusal | 18 | | results in uncertainty regarding whether he or she has been | 19 | | exposed to or is infected with a dangerously contagious or | 20 | | infectious disease or otherwise poses a danger to the public's | 21 | | health, the individual may be subject to isolation or | 22 | | quarantine pursuant to the provisions of subsection (c) of | 23 | | this Section; and (iv) that if the individual refuses to | 24 | | consent to physical examinations, tests, or collection of | 25 | | laboratory specimens and becomes subject to isolation and | 26 | | quarantine as provided in this subsection (d), he or she shall |
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| 1 | | have the right to counsel pursuant to the provisions of | 2 | | subsection (c) of this Section. To the extent feasible without | 3 | | endangering the public's health, the Department shall respect | 4 | | and accommodate the religious beliefs of individuals in | 5 | | implementing this subsection. | 6 | | (e) The Department may order the administration of | 7 | | vaccines, medications, or other treatments to persons as | 8 | | necessary in order to prevent the probable spread of a | 9 | | dangerously contagious or infectious disease. A vaccine, | 10 | | medication, or other treatment to be administered must not be | 11 | | such as is reasonably likely to lead to serious harm to the | 12 | | affected individual. To prevent the spread of a dangerously | 13 | | contagious or infectious disease, the Department may, pursuant | 14 | | to the provisions of subsection (c) of this Section, isolate | 15 | | or quarantine persons who are unable or unwilling to receive | 16 | | vaccines, medications, or other treatments pursuant to this | 17 | | Section. An individual may refuse to receive vaccines, | 18 | | medications, or other treatments. An individual shall be given | 19 | | a written notice that shall include notice of the following: | 20 | | (i) that the individual may refuse to consent to vaccines, | 21 | | medications, or other treatments; (ii) that if the individual | 22 | | refuses to receive vaccines, medications, or other treatments, | 23 | | the individual may be subject to isolation or quarantine | 24 | | pursuant to the provisions of subsection (c) of this Section; | 25 | | and (iii) that if the individual refuses to receive vaccines, | 26 | | medications, or other treatments and becomes subject to |
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| 1 | | isolation or quarantine as provided in this subsection (e), he | 2 | | or she shall have the right to counsel pursuant to the | 3 | | provisions of subsection (c) of this Section. To the extent | 4 | | feasible without endangering the public's health, the | 5 | | Department shall respect and accommodate the religious beliefs | 6 | | of individuals in implementing this subsection. | 7 | | (f) The Department may order observation and monitoring of | 8 | | persons to prevent the probable spread of a dangerously | 9 | | contagious or infectious disease. To prevent the spread of a | 10 | | dangerously contagious or infectious disease, the Department | 11 | | may, pursuant to the provisions of subsection (c) of this | 12 | | Section, isolate or quarantine persons whose refusal to | 13 | | undergo observation and monitoring results in uncertainty | 14 | | regarding whether he or she has been exposed to or is infected | 15 | | with a dangerously contagious or infectious disease or | 16 | | otherwise poses a danger to the public's health. An individual | 17 | | may refuse to undergo observation and monitoring. An | 18 | | individual shall be given written notice that shall include | 19 | | notice of the following: (i) that the individual may refuse to | 20 | | undergo observation and monitoring; (ii) that if the | 21 | | individual consents to observation and monitoring, the results | 22 | | of that observation and monitoring may subject the individual | 23 | | to isolation or quarantine pursuant to the provisions of | 24 | | subsection (c) of this Section; (iii) that if the individual | 25 | | refuses to undergo observation and monitoring and that refusal | 26 | | results in uncertainty regarding whether he or she has been |
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| 1 | | exposed to or is infected with a dangerously contagious or | 2 | | infectious disease or otherwise poses a danger to the public's | 3 | | health, the individual may be subject to isolation or | 4 | | quarantine pursuant to the provisions of subsection (c) of | 5 | | this Section; and (iv) that if the individual refuses to | 6 | | undergo observation and monitoring and becomes subject to | 7 | | isolation or quarantine as provided in this subsection (f), he | 8 | | or she shall have the right to counsel pursuant to the | 9 | | provisions of subsection (c) of this Section. | 10 | | (g) To prevent the spread of a dangerously contagious or | 11 | | infectious disease among humans, the Department may examine, | 12 | | test, disinfect, seize, or destroy animals or other related | 13 | | property believed to be sources of infection. An owner of such | 14 | | animal or other related property shall be given written notice | 15 | | regarding such examination, testing, disinfection, seizure, or | 16 | | destruction. When the Department determines that any animal or | 17 | | related property is infected with or has been exposed to a | 18 | | dangerously contagious or infectious disease, it may agree | 19 | | with the owner upon the value of the animal or of any related | 20 | | property that it may be found necessary to destroy, and in case | 21 | | such an agreement cannot be made, the animals or related | 22 | | property shall be appraised by 3 competent and disinterested | 23 | | appraisers, one to be selected by the Department, one by the | 24 | | claimant, and one by the 2 appraisers thus selected. The | 25 | | appraisers shall subscribe to an oath made in writing to | 26 | | fairly value the animals or related property in accordance |
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| 1 | | with the requirements of this Act. The oath, together with the | 2 | | valuation fixed by the appraisers, shall be filed with the | 3 | | Department and preserved by it. Upon the appraisal being made, | 4 | | the owner or the Department shall immediately destroy the | 5 | | animals by "humane euthanasia" as that term is defined in | 6 | | Section 2.09 of the Humane Care for Animals Act. Dogs and cats, | 7 | | however, shall be euthanized pursuant to the provisions of the | 8 | | Humane Euthanasia in Animal Shelters Act. The owner or the | 9 | | Department shall additionally, dispose of the carcasses, and | 10 | | disinfect, change, or destroy the premises occupied by the | 11 | | animals, in accordance with rules prescribed by the Department | 12 | | governing such destruction and disinfection. Upon his or her | 13 | | failure so to do or to cooperate with the Department, the | 14 | | Department shall cause the animals or related property to be | 15 | | destroyed and disposed of in the same manner, and thereupon | 16 | | the owner shall forfeit all right to receive any compensation | 17 | | for the destruction of the animals or related property. All | 18 | | final administrative decisions of the Department hereunder | 19 | | shall be subject to judicial review pursuant to the provisions | 20 | | of the Administrative Review Law, and all amendments and | 21 | | modifications thereof, and the rules adopted pursuant thereto. | 22 | | The term "administrative decision" is defined as in Section | 23 | | 3-101 of the Code of Civil Procedure.
| 24 | | (h) To prevent the spread of a dangerously contagious or | 25 | | infectious disease, the Department, local boards of health, | 26 | | and local public health authorities shall have emergency |
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| 1 | | access to medical or health information or records or data | 2 | | upon the condition that the Department, local boards of | 3 | | health, and local public health authorities shall protect the | 4 | | privacy and confidentiality of any medical or health | 5 | | information or records or data obtained pursuant to this | 6 | | Section in accordance with federal and State law. | 7 | | Additionally, any such medical or health information or | 8 | | records or data shall be exempt from inspection and copying | 9 | | under the Freedom of Information Act. Other than a hearing for | 10 | | the purpose of this Act, any information, records, reports, | 11 | | statements, notes, memoranda, or other data in the possession | 12 | | of the Department, local boards of health, or local public | 13 | | health authorities shall not be admissible as evidence, nor | 14 | | discoverable in any action of any kind in any court or before | 15 | | any tribunal, board, agency, or person. The access to or | 16 | | disclosure of any of this information or data by the | 17 | | Department, a local board of health, or a local public | 18 | | authority shall not waive or have any effect upon its | 19 | | non-discoverability or non-admissibility. Any person, | 20 | | facility, institution, or agency that provides emergency | 21 | | access to health information and data under this subsection | 22 | | shall have immunity from any civil or criminal liability, or | 23 | | any other type of liability that might otherwise result by | 24 | | reason of these actions except in the event of willful and | 25 | | wanton misconduct. The privileged quality of communication | 26 | | between any professional person or any facility shall not |
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| 1 | | constitute grounds for failure to provide emergency access. | 2 | | Nothing in this subsection shall prohibit the sharing of | 3 | | information as authorized in Section 2.1 of this Act. The | 4 | | disclosure of any of this information, records, reports, | 5 | | statements, notes, memoranda, or other data obtained in any | 6 | | activity under this Act, except that necessary for the | 7 | | purposes of this Act, is unlawful, and any person convicted of | 8 | | violating this provision is guilty of a Class A misdemeanor.
| 9 | | (i) (A) The Department, in order to prevent and | 10 | | control disease, injury, or disability among citizens of | 11 | | the State of Illinois, may develop and implement, in | 12 | | consultation with local public health authorities, a | 13 | | Statewide system for syndromic data collection through the | 14 | | access to interoperable networks, information exchanges, | 15 | | and databases. The Department may also develop a system | 16 | | for the reporting of comprehensive, integrated data to | 17 | | identify and address unusual occurrences of disease | 18 | | symptoms and other medical complexes affecting the | 19 | | public's health. | 20 | | (B) The Department may enter into contracts or | 21 | | agreements with individuals, corporations, hospitals, | 22 | | universities, not-for-profit corporations, governmental | 23 | | entities, or other organizations, whereby those | 24 | | individuals or entities agree to provide assistance in the | 25 | | compilation of the syndromic data collection and reporting | 26 | | system.
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| 1 | | (C) The Department shall not release any syndromic | 2 | | data or information obtained pursuant to this subsection | 3 | | to any individuals or entities for purposes other than the | 4 | | protection of the public health. All access to data by the | 5 | | Department, reports made to the Department, the identity | 6 | | of or facts that would tend to lead to the identity of the | 7 | | individual who is the subject of the report, and the | 8 | | identity of or facts that would tend to lead to the | 9 | | identity of the author of the report shall be strictly | 10 | | confidential, are not subject to inspection or | 11 | | dissemination, and shall be used only for public health | 12 | | purposes by the Department, local public health | 13 | | authorities, or the Centers for Disease Control and | 14 | | Prevention. Entities or individuals submitting reports or | 15 | | providing access to the Department shall not be held | 16 | | liable for the release of information or confidential data | 17 | | to the Department in accordance with this subsection.
| 18 | | (D) Nothing in this subsection prohibits the sharing | 19 | | of information as authorized in Section 2.1 of this Act.
| 20 | | (j) This Section shall be considered supplemental to the | 21 | | existing
authority and powers of the Department and shall not | 22 | | be construed to
restrain or restrict the Department in | 23 | | protecting the public health under any
other provisions of the | 24 | | law.
| 25 | | (k) Any person who knowingly or maliciously disseminates | 26 | | any false
information or report concerning the existence of |
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| 1 | | any dangerously contagious or
infectious disease in connection | 2 | | with the Department's power of quarantine,
isolation and | 3 | | closure or refuses to comply with a quarantine, isolation or
| 4 | | closure order is guilty
of a Class A misdemeanor.
| 5 | | (l) The Department of Public Health may establish and | 6 | | maintain a
chemical
and bacteriologic laboratory for the | 7 | | examination of water and wastes, and
for the diagnosis of | 8 | | diphtheria, typhoid fever, tuberculosis, malarial
fever and | 9 | | such other diseases as it deems necessary for the protection | 10 | | of
the public health.
| 11 | | As used in this Act, "locality" means any governmental | 12 | | agency which
exercises power pertaining to public health in an | 13 | | area less than the State.
| 14 | | The terms "sanitary investigations and inspections" and | 15 | | "sanitary
practices" as used in this Act shall not include or | 16 | | apply to "Public Water
Supplies" or "Sewage Works" as defined | 17 | | in the Environmental Protection Act. The Department may adopt | 18 | | rules that are reasonable and necessary to implement and | 19 | | effectuate this amendatory Act of the 93rd General Assembly.
| 20 | | (m) The public health measures set forth in subsections | 21 | | (a) through (h) of this Section may be used by the Department | 22 | | to respond to chemical, radiological, or nuclear agents or | 23 | | events. The individual provisions of subsections (a) through | 24 | | (h) of this Section apply to any order issued by the Department | 25 | | under this Section. The provisions of subsection (k) apply to | 26 | | chemical, radiological, or nuclear agents or events. Prior to |
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| 1 | | the Department issuing an order for public health measures set | 2 | | forth in this Act for chemical, radiological, or nuclear | 3 | | agents or events as authorized in subsection (m), the | 4 | | Department and the Illinois Emergency Management Agency shall | 5 | | consult in accordance with the Illinois emergency response | 6 | | framework. When responding to chemical, radiological, or | 7 | | nuclear agents or events, the Department shall determine the | 8 | | health related risks and appropriate public health response | 9 | | measures and provide recommendations for response to the | 10 | | Illinois Emergency Management Agency. Nothing in this Section | 11 | | shall supersede the current National Incident Management | 12 | | System and the Illinois Emergency Operation Plan or response | 13 | | plans and procedures established pursuant to IEMA statutes. | 14 | | (Source: P.A. 96-698, eff. 8-25-09.)
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