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90_HB3259 20 ILCS 5/6.06 from Ch. 127, par. 6.06 55 ILCS 5/5-25012 from Ch. 34, par. 5-25012 305 ILCS 5/12-4.20 from Ch. 23, par. 12-4.20 625 ILCS 5/6-902 from Ch. 95 1/2, par. 6-902 Amends the Civil Administrative Code of Illinois, the Counties Code, the Illinois Public Aid Code, and the Illinois Vehicle Code to add therapeutically certified optometrists to advisory boards created under those Acts. LRB9008318LDdvA LRB9008318LDdvA 1 AN ACT concerning therapeutically certified optometrists, 2 amending named Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Civil Administrative Code of Illinois is 6 amended by changing Section 6.06 as follows: 7 (20 ILCS 5/6.06) (from Ch. 127, par. 6.06) 8 Sec. 6.06. In the Department of Public Health. 9 (a) The General Assembly declares it to be the public 10 policy of this State that all citizens of Illinois are 11 entitled to lead healthy lives. Governmental public health 12 has a specific responsibility to ensure that a system is in 13 place to allow the public health mission to be achieved. To 14 develop a system requires certain core functions to be 15 performed by government. The State Board of Health is to 16 assume the leadership role in advising the Director in 17 meeting the following functions: 18 (1) Needs assessment. 19 (2) Statewide health objectives. 20 (3) Policy development. 21 (4) Assurance of access to necessary services. 22 There shall be a State Board of Health composed of 161523 persons, all of whom shall be appointed by the Governor and 24 one of whom shall be a senior citizen age 60 or over. Five 25 members shall be physicians licensed to practice medicine in 26 all its branches, one representing a medical school faculty, 27 one who is board certified in preventive medicine, and 2 who 28 are engaged in private practice. One member shall be a 29 dentist; one a therapeutically certified optometrist; one an 30 environmental health practitioner; one a local public health 31 administrator; one a local board of health member; one a -2- LRB9008318LDdvA 1 registered nurse; one a veterinarian; one a public health 2 academician; one a health care industry representative; and 2 3 shall be citizens at large. 4 In the appointment of the first Board of Health members 5 appointed after the effective date of this amendatory Act of 6 1991, the Governor shall appoint 5 members to serve for terms 7 of 5 years; 5 members to serve for terms of 2 years; and 5 8 members to serve for a term of one year. The initial term of 9 the therapeutically certified optometrist member appointed 10 pursuant to this amendatory Act of 1998 shall commence on 11 January 1, 1999. Members appointed thereafter shall be 12 appointed for terms of 3 years, except where an appointment 13 is made to fill a vacancy, in which case the appointment 14 shall be for the remaining term of the position vacated. All 15 members shall be legal residents of the State of Illinois. 16 The duties of the Board shall include, but not be limited to, 17 the following: 18 (1) To advise the Department of ways to encourage 19 public understanding and support of the Department's 20 programs. 21 (2) To evaluate all boards, councils, committees, 22 authorities and bodies advisory to, or an adjunct of, the 23 Department of Public Health or its Director for the 24 purpose of recommending to the Director one or more of 25 the following: 26 (i) The elimination of bodies whose activities 27 are not consistent with goals and objectives of the 28 Department. 29 (ii) The consolidation of bodies whose 30 activities encompass compatible programmatic 31 subjects. 32 (iii) The restructuring of the relationship 33 between the various bodies and their integration 34 within the organizational structure of the -3- LRB9008318LDdvA 1 Department. 2 (iv) The establishment of new bodies deemed 3 essential to the functioning of the Department. 4 (3) To serve as an advisory group to the Director 5 for public health emergencies and control of health 6 hazards. 7 (4) To advise the Director regarding public health 8 policy, and to make health policy recommendations 9 regarding priorities to the Governor through the 10 Director. 11 (5) To present public health issues to the Director 12 and to make recommendations for the resolution of those 13 issues. 14 (6) To recommend studies to delineate public health 15 problems. 16 (7) To make recommendations to the Governor through 17 the Director regarding the coordination of State public 18 health activities with other State and local public 19 health agencies and organizations. 20 (8) To report on or before February 1 of each year 21 on the health of the residents of Illinois to the 22 Governor, the General Assembly and the public. 23 (9) To review the final draft of all proposed 24 administrative rules, other than emergency or preemptory 25 rules and those rules that another advisory body must 26 approve or review within a statutorily defined time 27 period, of the Department after the effective date of 28 this amendatory Act of 1991. The Board shall review the 29 proposed rules within 90 days of submission by the 30 Department. The Department shall take into consideration 31 any comments and recommendations of the Board regarding 32 the proposed rules prior to submission to the Secretary 33 of State for initial publication. If the Department 34 disagrees with the recommendations of the Board, it shall -4- LRB9008318LDdvA 1 submit a written response outlining the reasons for not 2 accepting the recommendations. 3 (10) To make recommendations to the Governor 4 through the Director concerning the development and 5 periodic updating of Statewide health objectives 6 encompassing, in part, the periodically published federal 7 health objectives for the nation, which will provide the 8 basis for the policy development and assurance roles of 9 the State Health Department, and to make recommendations 10 to the Governor through the Director regarding 11 legislation and funding necessary to implement the 12 objectives. 13 (11) Upon the request of the Governor, to recommend 14 to the Governor candidates for Director of Public Health 15 when vacancies occur in the position. 16 (12) To adopt bylaws for the conduct of its own 17 business, including the authority to establish ad hoc 18 committees to address specific public health programs 19 requiring resolution. 20 Upon appointment, the Board shall elect a chairperson 21 from among its members. 22 Members of the Board shall receive compensation for their 23 services at the rate of $150 per day, not to exceed $10,000 24 per year, as designated by the Director for each day required 25 for transacting the business of the Board, and shall be 26 reimbursed for necessary expenses incurred in the performance 27 of their duties. The Board shall meet from time to time at 28 the call of the Department, at the call of the chairperson, 29 or upon the request of 3 of its members, but shall not meet 30 less than 4 times per year. 31 (b) An Advisory Board of Cancer Control which shall 32 consist of 9 members, one of whom shall be a senior citizen 33 age 60 or over, appointed by the Governor, one of whom shall 34 be designated as chairman by a majority of the members of the -5- LRB9008318LDdvA 1 Board. No less than 4 members shall be recognized authorities 2 in cancer control, and at least 4 members shall be physicians 3 licensed to practice medicine in all of its branches in the 4 State of Illinois. In the appointment of the first board the 5 Governor shall appoint 2 members to serve for terms of 1 6 year, 2 for terms of 2 years, and 3 for terms of 3 years. The 7 members first appointed under this amendatory Act of 1984 8 shall serve for a term of 3 years. All members appointed, 9 thereafter shall be appointed for terms of 3 years, except 10 where an appointment is made to fill a vacancy, in which case 11 the appointment shall be for the remaining term of the 12 position vacant. The members of the Board shall be citizens 13 of the State of Illinois. In the appointment of the Advisory 14 Board the Governor shall invite nominations from recognized 15 medical organizations of this State. The Board is authorized 16 to receive voluntary contributions from any source, and to 17 expend the same for the purpose of cancer control as 18 authorized by this Act, and the laws of this State. 19 (c) An Advisory Board on Necropsy Service to Coroners, 20 which shall counsel and advise with the Director on the 21 administration of the Autopsy Act. The Advisory Board shall 22 consist of 11 members, including a senior citizen age 60 or 23 over, appointed by the Governor, one of whom shall be 24 designated as chairman by a majority of the members of the 25 Board. In the appointment of the first Board the Governor 26 shall appoint 3 members to serve for terms of 1 year, 3 for 27 terms of 2 years, and 3 for terms of 3 years. The members 28 first appointed under this amendatory Act of 1984 shall serve 29 for a term of 3 years. All members appointed thereafter 30 shall be appointed for terms of 3 years except where an 31 appointment is made to fill a vacancy, in which case the 32 appointment shall be for the remaining term of the position 33 vacant. The members of the Board shall be citizens of the 34 State of Illinois. In the appointment of members of the -6- LRB9008318LDdvA 1 Advisory Board the Governor shall appoint 3 members who shall 2 be persons licensed to practice medicine and surgery in the 3 State of Illinois, at least 2 of whom shall have received 4 post-graduate training in the field of pathology; 3 members 5 who are duly elected coroners in this State; and 5 members 6 who shall have interest and abilities in the field of 7 forensic medicine but who shall be neither persons licensed 8 to practice any branch of medicine in this State nor 9 coroners. In the appointment of medical and coroner members 10 of the Board, the Governor shall invite nominations from 11 recognized medical and coroners organizations in this State 12 respectively. Board members, while serving on business of the 13 Board, shall receive actual necessary travel and subsistence 14 expenses while so serving away from their places of 15 residence. 16 (Source: P.A. 86-436; 87-633.) 17 Section 10. The Counties Code is amended by changing 18 Section 5-25012 as follows: 19 (55 ILCS 5/5-25012) (from Ch. 34, par. 5-25012) 20 Sec. 5-25012. Board of health. Except in those cases 21 where a board of 1312members is provided for as authorized 22 in this Section, each county health department shall be 23 managed by a board of health consisting of 98members 24 appointed by the president or chairman of the county board, 25 with the approval of the county board, for a 3 year term, 26 except that of the first appointees 2 shall serve for one 27 year, 2 for 2 years, 3 for 3 years and the term of the member 28 appointed from the county board, as provided in this Section, 29 shall be one year and shall continue until reappointment or 30 until a successor is appointed. 31 The county health department in a county having a 32 population of 200,000 or more may, if the county board, by -7- LRB9008318LDdvA 1 resolution, so provides, be managed by a board of health 2 consisting of 1312members appointed by the president or 3 chairman of the county board, with the approval of the county 4 board, for a 3 year term, except that of the first appointees 5 43shall serve for one year, 4 for 2 years, 4 for 3 years 6 and the term of the member appointed from the county board, 7 as provided in this Section, shall be one year and shall 8 continue until reappointment or until a successor is 9 appointed. In counties with a population of 200,000 or more 10 which have a board of health of 98members, the county board 11 may, by resolution, increase the size of the board of health 12 to 1312members, in which case the 4 members added shall be 13 appointed, as of the next anniversary of the present 14 appointments, 2 for terms of 3 years, one for 2 years and one 15 for one year. 16 The county board in counties with a population of more 17 than 100,000 but less than 3,000,000 inhabitants and 18 contiguous to any county with a metropolitan area with more 19 than 1,000,000 inhabitants, may establish compensation for 20 the board of health, as remuneration for their services as 21 members of the board of health. Monthly compensation shall 22 not exceed $200 except in the case of the president of the 23 board of health whose monthly compensation shall not exceed 24 $400. 25 Each multiple-county health department shall be managed 26 by a board of health consisting of 54members appointed from 27 each county by the president or chairman of the county board 28 with the approval of the county board for a 3 year term, 29 except that of the first appointees from each county one 30 shall serve for one year, one for 2 years, one for 3 years 31 and the term of the member appointed from the county board of 32 each member county, as hereinafter provided, shall be one 33 year and shall continue until reappointment or until a 34 successor is appointed. -8- LRB9008318LDdvA 1 The term of office of original appointees shall begin on 2 July 1 following their appointment, and the term of all 3 members shall continue until their successors are appointed. 4 All members shall serve without compensation but may be 5 reimbursed for actual necessary expenses incurred in the 6 performance of their duties. At least 2 members of each 7 county board of health shall be physicians licensed in 8 Illinois to practice medicine in all of its branches, at 9 least one member shall be a therapeutically certified 10 optometrist, and at least one member shall be a dentist 11 licensed in Illinois. In counties with a population under 12 500,000, one member shall be chosen from the county board or 13 the board of county commissioners as the case may be. In 14 counties with a population over 500,000, two members shall be 15 chosen from the county board or the board of county 16 commissioners as the case may be. At least one member from 17 each county on each multiple-county board of health shall be 18 a physician licensed in Illinois to practice medicine in all 19 of its branches, one member from each county on each 20 multiple-county board of health shall be chosen from the 21 county board or the board of county commissioners, as the 22 case may be, at least one member of the board of health shall 23 be a therapeutically certified optometrist, and at least one 24 member of the board of health shall be a dentist licensed in 25 Illinois. Whenever possible, at least one member shall have 26 experience in the field of mental health. All members shall 27 be chosen for their special fitness for membership on the 28 board. The initial therapeutically certified optometrist 29 members appointed pursuant to this amendatory Act of 1998 30 shall be appointed before January 1, 1999, and shall commence 31 their terms of office on that date. 32 Any member may be removed for misconduct or neglect of 33 duty by the chairman or president of the county board, with 34 the approval of the county board, of the county which -9- LRB9008318LDdvA 1 appointed him. 2 Vacancies shall be filled as in the case of appointment 3 for a full term. 4 Notwithstanding any other provision of this Act to the 5 contrary, a county with a population of 240,000 or more 6 inhabitants that does not currently have a county health 7 department may, by resolution of the county board, establish 8 a board of health consisting of the members of such board. 9 Such board of health shall be advised by a committee which 10 shall consist of at least 5 members appointed by the 11 president or chairman of the county board with the approval 12 of the county board for terms of 3 years; except that of the 13 first appointees at least 2 shall serve for 3 years, at least 14 2 shall serve for 2 years and at least one shall serve for 15 one year. At least one member of the advisory committee 16 shall be a physician licensed in Illinois to practice 17 medicine in all its branches, at least one shall be a 18 therapeutically certified optometrist, at least one shall be 19 a dentist licensed in Illinois, and one shall be a nurse 20 licensed in Illinois. All members shall be chosen for their 21 special fitness for membership on the advisory committee. 22 (Source: P.A. 88-535.) 23 Section 15. The Illinois Public Aid Code is amended by 24 changing Section 12-4.20 as follows: 25 (305 ILCS 5/12-4.20) (from Ch. 23, par. 12-4.20) 26 Sec. 12-4.20. Appointment of statewide advisory 27 committees. Appoint, when and as it may deem necessary, 28 statewide advisory committees to provide professional or 29 technical consultation in respect to medical or dental or 30 hospital care, general assistance, home economics, or other 31 special aspects of public aid and related welfare functions. 32 The members of the committees shall receive no compensation -10- LRB9008318LDdvA 1 for their services, other than expenses actually incurred in 2 the performance of their official duties. The number of 3 members of each advisory committee shall be determined by the 4 Illinois Department. The committees shall consult with and 5 advise the Illinois Department in respect to problems and 6 policies incident to the administration of the particular 7 Article or Articles of this Code germane to their respective 8 fields of competence. 9 The Illinois Department shall include a balanced 10 representation of recipients, service providers, 11 representatives of community and welfare advocacy groups, 12 representatives of local governments dealing with public aid, 13 and representatives of the general public on all statewide 14 advisory committees appointed by it, except that Professional 15 Advisory Committees created under Section 5-5 of this Code to 16 provide technical and professional advice to the Department 17 shall consist of at least one therapeutically certified 18 optometrist when the committee's scope of advisory authority 19 includes eye health care or vision care issues and shall 20 otherwise consist entirely of persons practicing a particular 21 profession. 22 (Source: P.A. 86-1475.) 23 Section 20. The Illinois Vehicle Code is amended by 24 changing 6-902 as follows: 25 (625 ILCS 5/6-902) (from Ch. 95 1/2, par. 6-902) 26 Sec. 6-902. Driver's License Medical Advisory Board; 27 membership; terms; compensation; meetings. 28 (a) There is established within the Office of the 29 Secretary of State a Driver's License Medical Advisory Board 30 consisting of at least 9 members appointed by the Secretary. 31 At least one member shall be a therapeutically certified 32 optometrist. Members' terms of service shall be set by the -11- LRB9008318LDdvA 1 Secretary at his or her discretion, except that the initial 2 term for the therapeutically certified optometrist shall 3 commence on or before January 1, 1999. The members of the 4 Board shall receive compensation from the Secretary at a rate 5 per day designated by the Secretary for each day required for 6 transacting business of the Board and shall be reimbursed for 7 expenses reasonably incurred in the performance of their 8 duties. The Secretary may also call in allied medical 9 personnel to advise and consult with the Board. The 10 Secretary shall select one of the members to act as 11 Chairperson. 12 (b) The Board, or any of its subdivisions, may meet at 13 any place within the State and shall meet at the call of the 14 Secretary as frequently as he or she deems necessary in order 15 to properly discharge the functions prescribed by this Act. 16 (Source: P.A. 87-1249.)