Full Text of SB3239 103rd General Assembly
SB3239enr 103RD GENERAL ASSEMBLY | | | SB3239 Enrolled | | LRB103 38269 CES 68404 b |
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| 1 | | AN ACT concerning health. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Illinois Health and Hazardous Substances | 5 | | Registry Act is amended by changing Sections 3, 4, 6, 9, and 13 | 6 | | as follows: | 7 | | (410 ILCS 525/3) (from Ch. 111 1/2, par. 6703) | 8 | | Sec. 3. For the purposes of this Act, unless the context | 9 | | requires otherwise: | 10 | | (a) "Department" means the Illinois Department of Public | 11 | | Health. | 12 | | (b) "Director" means the Director of the Illinois | 13 | | Department of Public Health. | 14 | | (c) (Blank). "Council" means the Health and Hazardous | 15 | | Substances Coordinating Council created by this Act. | 16 | | (d) "Registry" means the Illinois Health and Hazardous | 17 | | Substances Registry established by the Department of Public | 18 | | Health under Section 6 of this Act. | 19 | | (e) "Cancer" means all malignant neoplasms, regardless of | 20 | | the tissue of origin, including malignant lymphoma and | 21 | | leukemia. | 22 | | (f) "Cancer incidence" means a medical diagnosis of | 23 | | cancer, consisting of a record of cases of cancer and |
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| 1 | | specified cases of tumorous or precancerous diseases which | 2 | | occur in Illinois, and such other information concerning these | 3 | | cases as the Department deems necessary or appropriate in | 4 | | order to conduct thorough and complete epidemiological surveys | 5 | | of cancer and cancer-related diseases in Illinois. | 6 | | (g) "Occupational disease" includes but is not limited to | 7 | | all occupational diseases covered by the Workers' Occupational | 8 | | Diseases Act. | 9 | | (h) "Hazardous substances" means a hazardous substance as | 10 | | defined in the Environmental Protection Act. | 11 | | (i) "Hazardous substances incident" includes but is not | 12 | | limited to a spill, fire, or accident involving hazardous | 13 | | substances, illegal disposal, transportation, or use of | 14 | | hazardous substances, and complaints or permit violations | 15 | | involving hazardous substances. | 16 | | (j) "Company profile" includes but is not limited to the | 17 | | name of any company operating in the State of Illinois which | 18 | | generates, uses, disposes of or transports hazardous | 19 | | substances, identification of the types of permits issued in | 20 | | such company's name relating to transactions involving | 21 | | hazardous substances, inventory of hazardous substances | 22 | | handled by such company, and the manner in which such | 23 | | hazardous substances are used, disposed of, or transported by | 24 | | the company. | 25 | | (k) "Hazardous nuclear material" means (1) any source or | 26 | | special nuclear material intended for use or used as an energy |
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| 1 | | source in a production or utilization facility as defined in | 2 | | Sec. 11.v. or 11.cc. of the federal Atomic Energy Act of 1954 | 3 | | as amended; (2) any fuel which has been discharged from such a | 4 | | facility following irradiation, the constituent elements of | 5 | | which have not been separated by reprocessing; or (3) any | 6 | | by-product material resulting from operation of such a | 7 | | facility. | 8 | | (l) "Adverse pregnancy outcome" includes but is not | 9 | | limited to birth defects, fetal loss, infant mortality, low | 10 | | birth weight, selected life-threatening conditions, and other | 11 | | developmental disabilities as defined by the Department. | 12 | | (m) "News medium" means any newspaper or other periodical | 13 | | issued at regular intervals, whether in print or electronic | 14 | | format, and having a general circulation; a news service, | 15 | | whether in print or electronic format; a radio station, a | 16 | | television station; a television network; a community antenna | 17 | | television service; and any person or corporation engaged in | 18 | | the making of news reels or other motion picture news for | 19 | | public showing. | 20 | | (n) "Researcher" means an individual who is affiliated | 21 | | with or supported by universities, academic centers, research | 22 | | institutions, hospitals, and governmental entities who conduct | 23 | | scientific research or investigation on human diseases. | 24 | | (Source: P.A. 95-941, eff. 8-29-08.) | 25 | | (410 ILCS 525/4) (from Ch. 111 1/2, par. 6704) |
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| 1 | | Sec. 4. (a) There is created the Health and Hazardous | 2 | | Substances Coordinating Council, to be comprised of the | 3 | | following persons ex officio or their designees: Dean of the | 4 | | School of Public Health of the University of Illinois, | 5 | | Director of Natural Resources, Director of Public Health, | 6 | | Director of Labor, Director of Agriculture, Director of the | 7 | | Environmental Protection Agency and the Director of Nuclear | 8 | | Safety. | 9 | | The University of Illinois School of Public Health shall | 10 | | advise the Department in the design, function and utilization | 11 | | of the Registry. | 12 | | (b) To facilitate the collection of cancer incidence | 13 | | information, the Department, in consultation with the Advisory | 14 | | Board of Cancer Control, shall have the authority to require | 15 | | hospitals, laboratories or other facilities to report | 16 | | incidences of cancer and other specified tumorous and | 17 | | precancerous diseases to the Department, and to require the | 18 | | submission of such other information pertaining to or in | 19 | | connection with such reported cases as the Department deems | 20 | | necessary or appropriate for the purposes of this Act. The | 21 | | Department may promulgate rules or regulations specifying the | 22 | | hospitals, laboratories or other facilities which are required | 23 | | to submit information pursuant to this Section, the types of | 24 | | information required to be submitted, methods of submitting | 25 | | such information and any other detail deemed by the Department | 26 | | to be necessary or appropriate for administration of this Act. |
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| 1 | | Nothing in this Act shall be construed to compel any | 2 | | individual to submit to a medical examination or supervision. | 3 | | (c) The Director shall by rule or regulation establish | 4 | | standards or guidelines for ensuring the protection of | 5 | | information made confidential or privileged under law. | 6 | | (d) The identity, or any group of facts that tends to lead | 7 | | to the identity, of any person whose condition or treatment is | 8 | | submitted to the Illinois Health and Hazardous Substances | 9 | | Registry is confidential and shall not be open to public | 10 | | inspection or dissemination and is exempt from disclosure | 11 | | under Section 7 of the Freedom of Information Act. The | 12 | | following data elements, alone or in combination, are | 13 | | confidential, shall not be open to public inspection or | 14 | | dissemination, and are exempt from disclosure under Section 7 | 15 | | of the Freedom of Information Act: name, social security | 16 | | number, street address, email address, telephone number, fax | 17 | | number, medical record number, certificate/license number, | 18 | | reporting source (unless permitted by the reporting facility), | 19 | | age (unless aggregated for 5 or more years, ZIP code (unless | 20 | | aggregated for 5 or more years), and diagnosis date (unless | 21 | | aggregated for one or more years for the entire State or for 3 | 22 | | or more years for a single county). The identity of any person | 23 | | or persons claimed to be derived from cancer registry data is | 24 | | not admissible in evidence, and no court shall require | 25 | | information to be produced in discovery if it determines that | 26 | | the information tends to lead to the identity of any person. |
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| 1 | | Information for specific research purposes may be released in | 2 | | accordance with procedures established by the Department. | 3 | | Except as provided by rule, and as part of an epidemiologic | 4 | | investigation, an officer or employee of the Department may | 5 | | interview a patient named in a report made under this Act, or | 6 | | relatives of any such patient, only with the express written | 7 | | consent of the patient. | 8 | | (e) Hospitals, laboratories, other facilities or | 9 | | physicians shall not be held liable for the release of | 10 | | information or confidential data to the Department in | 11 | | accordance with this Act. The Department shall protect any | 12 | | information made confidential or privileged under law. | 13 | | (Source: P.A. 95-941, eff. 8-29-08.) | 14 | | (410 ILCS 525/6) (from Ch. 111 1/2, par. 6706) | 15 | | Sec. 6. (a) No later than January 1, 1985, the Department | 16 | | shall commence the work necessary to compile the information | 17 | | which will constitute the Health and Hazardous Substances | 18 | | Registry. The Registry shall consist of the compilation of | 19 | | information in the following categories: | 20 | | (i) adverse pregnancy outcomes; | 21 | | (ii) cancer incidences; | 22 | | (iii) occupational diseases; | 23 | | (iv) location, transportation, and exposure to hazardous | 24 | | nuclear materials; | 25 | | (v) company profiles; and |
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| 1 | | (vi) hazardous substances incidents. | 2 | | The Department , pursuant to any guidelines established by | 3 | | the Council, shall promulgate rules or regulations specifying | 4 | | the types of information in each category which will be | 5 | | compiled for the Registry. Such information shall be compiled | 6 | | in the Registry in such a manner as to allow for geographical | 7 | | correlation of the data on public health and the data on | 8 | | hazardous substances and hazardous nuclear materials. To the | 9 | | extent feasible, the Registry shall be compatible with other | 10 | | national models of such type so as to facilitate the | 11 | | coordination of information with other data bases. | 12 | | (Source: P.A. 83-1361.) | 13 | | (410 ILCS 525/9) (from Ch. 111 1/2, par. 6709) | 14 | | Sec. 9. The Department shall utilize the Registry to | 15 | | conduct research on the relationships between hazardous | 16 | | substances, hazardous nuclear materials, and public health | 17 | | issues. The In consultation with the Council, the Director | 18 | | shall establish guidelines for determining the specific | 19 | | questions and areas to be researched. The guidelines shall | 20 | | specifically include the question of the potential public | 21 | | health significance of an increase in cancer incidence. The | 22 | | Upon the approval of the Council, the information contained in | 23 | | the Registry shall be available to other State agencies | 24 | | wishing to conduct research on these issues. Upon review and | 25 | | approval of an appropriate Institutional Review Board (IRB) or |
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| 1 | | its equivalent on protection of human subjects in research, | 2 | | the Department shall release data to researchers for purposes | 3 | | of medical and scientific research consistent with the | 4 | | fundamental purposes of the Registry. | 5 | | (Source: P.A. 95-941, eff. 8-29-08.) | 6 | | (410 ILCS 525/13) (from Ch. 111 1/2, par. 6713) | 7 | | Sec. 13. (a) Violation of this Act is a Class A | 8 | | misdemeanor. | 9 | | (b) Any person who violates this Act shall be liable for a | 10 | | civil penalty not to exceed $1,000 for each violation. | 11 | | (c) The Department Council may request the Attorney | 12 | | General or the State's Attorney of the county in which the | 13 | | violation occurred to proceed in a court of competent | 14 | | jurisdiction to secure such relief as provided in this | 15 | | Section, as well as injunctive relief to restrain violations | 16 | | of this Act. | 17 | | (Source: P.A. 83-1361.) | 18 | | (410 ILCS 525/5 rep.) | 19 | | Section 10. The Illinois Health and Hazardous Substances | 20 | | Registry Act is amended by repealing Section 5. |
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