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90_SB1315
20 ILCS 5/6.06 from Ch. 127, par. 6.06
410 ILCS 315/2 from Ch. 111 1/2, par. 22.12
Amends the Civil Administrative Code with regard to the
Department of Public Health. Changes the composition of the
State Board of Health from 15 to 19 members, with 2 new
members appointed by the Governor from citizens at large, and
2 new members appointed, one each, by the President of the
Senate and the Speaker of the House of Representatives.
Provides that in the case of proposed administrative rules or
amendments to administrative rules regarding immunization of
children against preventable communicable diseases designated
by the Director of Public Health under the Communicable
Disease Prevention Act, the State Board of Health shall
conduct 3 public hearings and issue its recommendations to be
considered by the Director. Amends the Communicable Disease
Prevention Act. Inserts a parallel provision requiring the
State Board of Health to hold the hearings and issue the
recommendations. Effective immediately.
LRB9008998SMdv
LRB9008998SMdv
1 AN ACT regarding immunizations.
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 6.06 as follows:
6 (20 ILCS 5/6.06) (from Ch. 127, par. 6.06)
7 Sec. 6.06. 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
10 entitled to lead healthy lives. Governmental public health
11 has a specific responsibility to ensure that a system is in
12 place to allow the public health mission to be achieved. To
13 develop a system requires certain core functions to be
14 performed by government. The State Board of Health is to
15 assume the leadership role in advising the Director in
16 meeting the 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 19 15
22 persons, 17 all of whom shall be appointed by the Governor,
23 with the advice and consent of the Senate for those appointed
24 by the Governor on and after the effective date of this
25 amendatory Act of 1998, and one of whom shall be a senior
26 citizen age 60 or over. Five members shall be physicians
27 licensed to practice medicine in all its branches, one
28 representing a medical school faculty, one who is board
29 certified in preventive medicine, and 2 who are engaged in
30 private practice. One member shall be a dentist; one an
31 environmental health practitioner; one a local public health
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1 administrator; one a local board of health member; one a
2 registered nurse; one a veterinarian; one a public health
3 academician; one a health care industry representative; and 4
4 2 shall be citizens at large. The 2 remaining members shall
5 be appointed, one each, by the President of the Senate and
6 the Speaker of the House of Representatives.
7 In the appointment of the first Board of Health members
8 appointed after the effective date of this amendatory Act of
9 1991, the Governor shall appoint 5 members to serve for terms
10 of 5 years; 5 members to serve for terms of 2 years; and 5
11 members to serve for a term of one year. Members, excluding
12 members appointed by the President of the Senate and the
13 Speaker of the House of Representatives, appointed thereafter
14 shall be appointed for terms of 3 years, except where an
15 appointment is made to fill a vacancy, in which case the
16 appointment shall be for the remaining term of the position
17 vacated. The initial terms for the 2 additional members of
18 the board who are citizens at large appointed under this
19 amendatory Act of 1998 shall be for 3 years each, with these
20 positions thereafter being filled as with other members
21 appointed by the Governor. The initial terms of the member
22 appointed by the President of the Senate and the member
23 appointed by the Speaker of the House of Representatives
24 under this amendatory Act of 1998 shall be for one year each.
25 The members appointed by the President of the Senate and the
26 Speaker of the House of Representatives shall thereafter
27 serve one year terms, except where an appointment is made to
28 fill a vacancy, in which case the appointment shall be for
29 the remaining term of the position vacated. All members
30 shall be legal residents of the State of Illinois. The
31 duties of the Board shall include, but not be limited to, the
32 following:
33 (1) To advise the Department of ways to encourage
34 public understanding and support of the Department's
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1 programs.
2 (2) To evaluate all boards, councils, committees,
3 authorities and bodies advisory to, or an adjunct of, the
4 Department of Public Health or its Director for the
5 purpose of recommending to the Director one or more of
6 the following:
7 (i) The elimination of bodies whose activities
8 are not consistent with goals and objectives of the
9 Department.
10 (ii) The consolidation of bodies whose
11 activities encompass compatible programmatic
12 subjects.
13 (iii) The restructuring of the relationship
14 between the various bodies and their integration
15 within the organizational structure of the
16 Department.
17 (iv) The establishment of new bodies deemed
18 essential to the functioning of the Department.
19 (3) To serve as an advisory group to the Director
20 for public health emergencies and control of health
21 hazards.
22 (4) To advise the Director regarding public health
23 policy, and to make health policy recommendations
24 regarding priorities to the Governor through the
25 Director.
26 (5) To present public health issues to the Director
27 and to make recommendations for the resolution of those
28 issues.
29 (6) To recommend studies to delineate public health
30 problems.
31 (7) To make recommendations to the Governor through
32 the Director regarding the coordination of State public
33 health activities with other State and local public
34 health agencies and organizations.
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1 (8) To report on or before February 1 of each year
2 on the health of the residents of Illinois to the
3 Governor, the General Assembly and the public.
4 (9) To review the final draft of all proposed
5 administrative rules, other than emergency or preemptory
6 rules and those rules that another advisory body must
7 approve or review within a statutorily defined time
8 period, of the Department after the effective date of
9 this amendatory Act of 1991. The Board shall review the
10 proposed rules within 90 days of submission by the
11 Department. The Department shall take into consideration
12 any comments and recommendations of the Board regarding
13 the proposed rules prior to submission to the Secretary
14 of State for initial publication. If the Department
15 disagrees with the recommendations of the Board, it shall
16 submit a written response outlining the reasons for not
17 accepting the recommendations.
18 In the case of proposed administrative rules or
19 amendments to administrative rules regarding immunization
20 of children against preventable communicable diseases
21 designated by the Director under the Communicable Disease
22 Prevention Act, the Board shall conduct 3 public
23 hearings, geographically distributed throughout the
24 State. At the conclusion of the hearings, the State Board
25 of Health shall issue a report, including its
26 recommendations, to the Director. The Director shall
27 take into consideration any comments or recommendations
28 made by the Board based on these hearings.
29 (10) To make recommendations to the Governor
30 through the Director concerning the development and
31 periodic updating of Statewide health objectives
32 encompassing, in part, the periodically published federal
33 health objectives for the nation, which will provide the
34 basis for the policy development and assurance roles of
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1 the State Health Department, and to make recommendations
2 to the Governor through the Director regarding
3 legislation and funding necessary to implement the
4 objectives.
5 (11) Upon the request of the Governor, to recommend
6 to the Governor candidates for Director of Public Health
7 when vacancies occur in the position.
8 (12) To adopt bylaws for the conduct of its own
9 business, including the authority to establish ad hoc
10 committees to address specific public health programs
11 requiring resolution.
12 Upon appointment, the Board shall elect a chairperson
13 from among its members.
14 Members of the Board shall receive compensation for their
15 services at the rate of $150 per day, not to exceed $10,000
16 per year, as designated by the Director for each day required
17 for transacting the business of the Board, and shall be
18 reimbursed for necessary expenses incurred in the performance
19 of their duties. The Board shall meet from time to time at
20 the call of the Department, at the call of the chairperson,
21 or upon the request of 3 of its members, but shall not meet
22 less than 4 times per year.
23 (b) An Advisory Board of Cancer Control which shall
24 consist of 9 members, one of whom shall be a senior citizen
25 age 60 or over, appointed by the Governor, one of whom shall
26 be designated as chairman by a majority of the members of the
27 Board. No less than 4 members shall be recognized authorities
28 in cancer control, and at least 4 members shall be physicians
29 licensed to practice medicine in all of its branches in the
30 State of Illinois. In the appointment of the first board the
31 Governor shall appoint 2 members to serve for terms of 1
32 year, 2 for terms of 2 years, and 3 for terms of 3 years. The
33 members first appointed under this amendatory Act of 1984
34 shall serve for a term of 3 years. All members appointed,
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1 thereafter shall be appointed for terms of 3 years, except
2 where an appointment is made to fill a vacancy, in which case
3 the appointment shall be for the remaining term of the
4 position vacant. The members of the Board shall be citizens
5 of the State of Illinois. In the appointment of the Advisory
6 Board the Governor shall invite nominations from recognized
7 medical organizations of this State. The Board is authorized
8 to receive voluntary contributions from any source, and to
9 expend the same for the purpose of cancer control as
10 authorized by this Act, and the laws of this State.
11 (c) An Advisory Board on Necropsy Service to Coroners,
12 which shall counsel and advise with the Director on the
13 administration of the Autopsy Act. The Advisory Board shall
14 consist of 11 members, including a senior citizen age 60 or
15 over, appointed by the Governor, one of whom shall be
16 designated as chairman by a majority of the members of the
17 Board. In the appointment of the first Board the Governor
18 shall appoint 3 members to serve for terms of 1 year, 3 for
19 terms of 2 years, and 3 for terms of 3 years. The members
20 first appointed under this amendatory Act of 1984 shall serve
21 for a term of 3 years. All members appointed thereafter
22 shall be appointed for terms of 3 years except where an
23 appointment is made to fill a vacancy, in which case the
24 appointment shall be for the remaining term of the position
25 vacant. The members of the Board shall be citizens of the
26 State of Illinois. In the appointment of members of the
27 Advisory Board the Governor shall appoint 3 members who shall
28 be persons licensed to practice medicine and surgery in the
29 State of Illinois, at least 2 of whom shall have received
30 post-graduate training in the field of pathology; 3 members
31 who are duly elected coroners in this State; and 5 members
32 who shall have interest and abilities in the field of
33 forensic medicine but who shall be neither persons licensed
34 to practice any branch of medicine in this State nor
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1 coroners. In the appointment of medical and coroner members
2 of the Board, the Governor shall invite nominations from
3 recognized medical and coroners organizations in this State
4 respectively. Board members, while serving on business of the
5 Board, shall receive actual necessary travel and subsistence
6 expenses while so serving away from their places of
7 residence.
8 (Source: P.A. 86-436; 87-633.)
9 Section 10. The Communicable Disease Prevention Act is
10 amended by changing Section 2 as follows:
11 (410 ILCS 315/2) (from Ch. 111 1/2, par. 22.12)
12 Sec. 2. The Department of Public Health shall promulgate
13 rules and regulations requiring immunization of children
14 against preventable communicable diseases designated by the
15 Director. Before any regulation or amendment thereto is
16 prescribed, the Department shall conduct a public hearing
17 regarding such regulation. In addition, before any regulation
18 or any amendment to a regulation is adopted, the State Board
19 of Health shall conduct 3 public hearings, geographically
20 distributed throughout the State, regarding the regulation or
21 amendment to the regulation. At the conclusion of the
22 hearings, the State Board of Health shall issue a report,
23 including its recommendations, to the Director. The Director
24 shall take into consideration any comments or recommendations
25 made by the Board based on these hearings. The Department
26 may prescribe additional rules and regulations for
27 immunization of other diseases as vaccines are developed.
28 The provisions of this Act shall not apply if:
29 1. The parent or guardian of the child objects thereto
30 on the grounds that the administration of immunizing agents
31 conflicts with his religious tenets or practices or,
32 2. A physician employed by the parent or guardian to
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1 provide care and treatment to the child states that the
2 physical condition of the child is such that the
3 administration of one or more of the required immunizing
4 agents would be detrimental to the health of the child.
5 (Source: P.A. 85-828.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.