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90_SB1315sam002
LRB9008998SMpkam
1 AMENDMENT TO SENATE BILL 1315
2 AMENDMENT NO. . Amend Senate Bill 1315, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT regarding immunizations, amending named Acts.";
5 and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Civil Administrative Code of Illinois is
9 amended by changing Section 6.06 as follows:
10 (20 ILCS 5/6.06) (from Ch. 127, par. 6.06)
11 Sec. 6.06. In the Department of Public Health.
12 (a) The General Assembly declares it to be the public
13 policy of this State that all citizens of Illinois are
14 entitled to lead healthy lives. Governmental public health
15 has a specific responsibility to ensure that a system is in
16 place to allow the public health mission to be achieved. To
17 develop a system requires certain core functions to be
18 performed by government. The State Board of Health is to
19 assume the leadership role in advising the Director in
20 meeting the following functions:
21 (1) Needs assessment.
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1 (2) Statewide health objectives.
2 (3) Policy development.
3 (4) Assurance of access to necessary services.
4 There shall be a State Board of Health composed of 17 15
5 persons, all of whom shall be appointed by the Governor, with
6 the advice and consent of the Senate for those appointed by
7 the Governor on and after the effective date of this
8 amendatory Act of 1998, and one of whom shall be a senior
9 citizen age 60 or over. Five members shall be physicians
10 licensed to practice medicine in all its branches, one
11 representing a medical school faculty, one who is board
12 certified in preventive medicine, and 2 who are engaged in
13 private practice. One member shall be a dentist; one an
14 environmental health practitioner; one a local public health
15 administrator; one a local board of health member; one a
16 registered nurse; one a veterinarian; one a public health
17 academician; one a health care industry representative; and 4
18 2 shall be citizens at large.
19 In the appointment of the first Board of Health members
20 appointed after the effective date of this amendatory Act of
21 1991, the Governor shall appoint 5 members to serve for terms
22 of 5 years; 5 members to serve for terms of 2 years; and 5
23 members to serve for a term of one year. Members appointed
24 thereafter shall be appointed for terms of 3 years, except
25 where an appointment is made to fill a vacancy, in which case
26 the appointment shall be for the remaining term of the
27 position vacated. The initial terms for the 2 additional
28 members of the board who are citizens at large appointed
29 under this amendatory Act of 1998 shall be for 3 years each,
30 with these positions thereafter being filled as with other
31 members appointed by the Governor. All members shall be legal
32 residents of the State of Illinois. The duties of the Board
33 shall include, but not be limited to, the following:
34 (1) To advise the Department of ways to encourage
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1 public understanding and support of the Department's
2 programs.
3 (2) To evaluate all boards, councils, committees,
4 authorities and bodies advisory to, or an adjunct of, the
5 Department of Public Health or its Director for the
6 purpose of recommending to the Director one or more of
7 the following:
8 (i) The elimination of bodies whose activities
9 are not consistent with goals and objectives of the
10 Department.
11 (ii) The consolidation of bodies whose
12 activities encompass compatible programmatic
13 subjects.
14 (iii) The restructuring of the relationship
15 between the various bodies and their integration
16 within the organizational structure of the
17 Department.
18 (iv) The establishment of new bodies deemed
19 essential to the functioning of the Department.
20 (3) To serve as an advisory group to the Director
21 for public health emergencies and control of health
22 hazards.
23 (4) To advise the Director regarding public health
24 policy, and to make health policy recommendations
25 regarding priorities to the Governor through the
26 Director.
27 (5) To present public health issues to the Director
28 and to make recommendations for the resolution of those
29 issues.
30 (6) To recommend studies to delineate public health
31 problems.
32 (7) To make recommendations to the Governor through
33 the Director regarding the coordination of State public
34 health activities with other State and local public
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1 health agencies and organizations.
2 (8) To report on or before February 1 of each year
3 on the health of the residents of Illinois to the
4 Governor, the General Assembly and the public.
5 (9) To review the final draft of all proposed
6 administrative rules, other than emergency or preemptory
7 rules and those rules that another advisory body must
8 approve or review within a statutorily defined time
9 period, of the Department after the effective date of
10 this amendatory Act of 1991. The Board shall review the
11 proposed rules within 90 days of submission by the
12 Department. The Department shall take into consideration
13 any comments and recommendations of the Board regarding
14 the proposed rules prior to submission to the Secretary
15 of State for initial publication. If the Department
16 disagrees with the recommendations of the Board, it shall
17 submit a written response outlining the reasons for not
18 accepting the recommendations.
19 In the case of proposed administrative rules or
20 amendments to administrative rules regarding immunization
21 of children against preventable communicable diseases
22 designated by the Director under the Communicable Disease
23 Prevention Act, after the Immunization Advisory Committee
24 has made its recommendations, the Board shall conduct 3
25 public hearings, geographically distributed throughout
26 the State. At the conclusion of the hearings, the State
27 Board of Health shall issue a report, including its
28 recommendations, to the Director. The Director shall
29 take into consideration any comments or recommendations
30 made by the Board based on these hearings.
31 (10) To make recommendations to the Governor
32 through the Director concerning the development and
33 periodic updating of Statewide health objectives
34 encompassing, in part, the periodically published federal
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1 health objectives for the nation, which will provide the
2 basis for the policy development and assurance roles of
3 the State Health Department, and to make recommendations
4 to the Governor through the Director regarding
5 legislation and funding necessary to implement the
6 objectives.
7 (11) Upon the request of the Governor, to recommend
8 to the Governor candidates for Director of Public Health
9 when vacancies occur in the position.
10 (12) To adopt bylaws for the conduct of its own
11 business, including the authority to establish ad hoc
12 committees to address specific public health programs
13 requiring resolution.
14 Upon appointment, the Board shall elect a chairperson
15 from among its members.
16 Members of the Board shall receive compensation for their
17 services at the rate of $150 per day, not to exceed $10,000
18 per year, as designated by the Director for each day required
19 for transacting the business of the Board, and shall be
20 reimbursed for necessary expenses incurred in the performance
21 of their duties. The Board shall meet from time to time at
22 the call of the Department, at the call of the chairperson,
23 or upon the request of 3 of its members, but shall not meet
24 less than 4 times per year.
25 (b) An Advisory Board of Cancer Control which shall
26 consist of 9 members, one of whom shall be a senior citizen
27 age 60 or over, appointed by the Governor, one of whom shall
28 be designated as chairman by a majority of the members of the
29 Board. No less than 4 members shall be recognized authorities
30 in cancer control, and at least 4 members shall be physicians
31 licensed to practice medicine in all of its branches in the
32 State of Illinois. In the appointment of the first board the
33 Governor shall appoint 2 members to serve for terms of 1
34 year, 2 for terms of 2 years, and 3 for terms of 3 years. The
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1 members first appointed under this amendatory Act of 1984
2 shall serve for a term of 3 years. All members appointed,
3 thereafter shall be appointed for terms of 3 years, except
4 where an appointment is made to fill a vacancy, in which case
5 the appointment shall be for the remaining term of the
6 position vacant. The members of the Board shall be citizens
7 of the State of Illinois. In the appointment of the Advisory
8 Board the Governor shall invite nominations from recognized
9 medical organizations of this State. The Board is authorized
10 to receive voluntary contributions from any source, and to
11 expend the same for the purpose of cancer control as
12 authorized by this Act, and the laws of this State.
13 (c) An Advisory Board on Necropsy Service to Coroners,
14 which shall counsel and advise with the Director on the
15 administration of the Autopsy Act. The Advisory Board shall
16 consist of 11 members, including a senior citizen age 60 or
17 over, appointed by the Governor, one of whom shall be
18 designated as chairman by a majority of the members of the
19 Board. In the appointment of the first Board the Governor
20 shall appoint 3 members to serve for terms of 1 year, 3 for
21 terms of 2 years, and 3 for terms of 3 years. The members
22 first appointed under this amendatory Act of 1984 shall serve
23 for a term of 3 years. All members appointed thereafter
24 shall be appointed for terms of 3 years except where an
25 appointment is made to fill a vacancy, in which case the
26 appointment shall be for the remaining term of the position
27 vacant. The members of the Board shall be citizens of the
28 State of Illinois. In the appointment of members of the
29 Advisory Board the Governor shall appoint 3 members who shall
30 be persons licensed to practice medicine and surgery in the
31 State of Illinois, at least 2 of whom shall have received
32 post-graduate training in the field of pathology; 3 members
33 who are duly elected coroners in this State; and 5 members
34 who shall have interest and abilities in the field of
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1 forensic medicine but who shall be neither persons licensed
2 to practice any branch of medicine in this State nor
3 coroners. In the appointment of medical and coroner members
4 of the Board, the Governor shall invite nominations from
5 recognized medical and coroners organizations in this State
6 respectively. Board members, while serving on business of the
7 Board, shall receive actual necessary travel and subsistence
8 expenses while so serving away from their places of
9 residence.
10 (Source: P.A. 86-436; 87-633.)
11 Section 10. The Department of Public Health Act is
12 amended by adding Section 8.4 as follows:
13 (20 ILCS 2305/8.4 new)
14 Sec. 8.4. Immunization Advisory Committee. The Director
15 of Public Health shall appoint an Immunization Advisory
16 Committee to advise the Director on immunization issues. The
17 Director shall take into consideration any comments or
18 recommendations made by the Advisory Committee. The
19 Immunization Advisory Committee shall be composed of the
20 following members with knowledge of immunization issues: a
21 pediatrician, a physician licensed to practice medicine in
22 all its branches, a family physician, an infectious disease
23 specialist from a university based center, 2 representatives
24 of a local health department, a registered nurse, a school
25 nurse, a public health provider, a public health officer or
26 administrator, a representative of a children's hospital, 2
27 representatives of immunization advocacy organizations, a
28 representative from the State Board of Education, and any
29 other individuals or organization representatives designated
30 by the Director. The Director shall designate one of the
31 Advisory Committee members to serve as the Chairperson of the
32 Advisory Committee.
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1 Section 15. The Communicable Disease Prevention Act is
2 amended by changing Section 2 as follows:
3 (410 ILCS 315/2) (from Ch. 111 1/2, par. 22.12)
4 Sec. 2. The Department of Public Health shall promulgate
5 rules and regulations requiring immunization of children
6 against preventable communicable diseases designated by the
7 Director. Before any regulation or amendment thereto is
8 prescribed, the Department shall conduct a public hearing
9 regarding such regulation. In addition, before any regulation
10 or any amendment to a regulation is adopted, and after the
11 Immunization Advisory Committee has made its recommendations,
12 the State Board of Health shall conduct 3 public hearings,
13 geographically distributed throughout the State, regarding
14 the regulation or amendment to the regulation. At the
15 conclusion of the hearings, the State Board of Health shall
16 issue a report, including its recommendations, to the
17 Director. The Director shall take into consideration any
18 comments or recommendations made by the Board based on these
19 hearings. The Department may prescribe additional rules and
20 regulations for immunization of other diseases as vaccines
21 are developed.
22 The provisions of this Act shall not apply if:
23 1. The parent or guardian of the child objects thereto
24 on the grounds that the administration of immunizing agents
25 conflicts with his religious tenets or practices or,
26 2. A physician employed by the parent or guardian to
27 provide care and treatment to the child states that the
28 physical condition of the child is such that the
29 administration of one or more of the required immunizing
30 agents would be detrimental to the health of the child.
31 (Source: P.A. 85-828.)
32 Section 99. Effective date. This Act takes effect upon
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1 becoming law.".