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| Public Act 096-0698 |
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AN ACT concerning public health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of Public Health Act is amended | ||||
by changing Section 2 as follows:
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(20 ILCS 2305/2) (from Ch. 111 1/2, par. 22)
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Sec. 2. Powers.
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(a) The State Department of Public Health has general | ||||
supervision of
the interests of the health and lives of the | ||||
people of the State. It has
supreme authority in matters of | ||||
quarantine and isolation, and may declare and enforce
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quarantine and isolation when none exists, and may modify or | ||||
relax quarantine and isolation when it has
been established. | ||||
The Department may adopt, promulgate, repeal and amend
rules | ||||
and regulations and make such sanitary investigations and | ||||
inspections
as it may from time to time deem necessary for the | ||||
preservation and
improvement of the public health, consistent | ||||
with law regulating the
following:
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(1) Transportation of the remains of deceased persons.
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(2) Sanitary practices relating to drinking water made
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accessible to the
public for human consumption or for | ||||
lavatory or culinary purposes.
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(3) Sanitary practices relating to rest room | ||||
facilities made
accessible
to the public or to persons | ||
handling food served to the public.
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(4) Sanitary practices relating to disposal of human | ||
wastes in
or from all buildings and places where people | ||
live, work or assemble.
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The provisions of the Illinois Administrative Procedure | ||
Act are hereby
expressly adopted and shall apply to all | ||
administrative rules and
procedures of the Department of Public | ||
Health under this Act, except that
Section 5-35 of the Illinois | ||
Administrative Procedure Act relating to
procedures for | ||
rule-making does not apply to the adoption of any rule
required | ||
by federal law in connection with which the Department is
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precluded by law from exercising any discretion.
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All local boards of health, health authorities and | ||
officers, police
officers, sheriffs and all other officers and | ||
employees of the state or any
locality shall enforce the rules | ||
and regulations so adopted and orders issued by the Department | ||
pursuant to this Section.
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The Department of Public Health shall conduct a public | ||
information
campaign to inform Hispanic women of the high | ||
incidence of breast cancer
and the importance of mammograms and | ||
where to obtain a mammogram.
This requirement may be satisfied | ||
by translation into Spanish and
distribution of the breast | ||
cancer summaries required by Section 2310-345 of
the Department | ||
of Public Health Powers and Duties Law (20 ILCS
2310/2310-345).
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The information provided by the Department of Public Health | ||
shall include (i)
a statement that mammography is the most | ||
accurate method for making an early
detection of breast cancer, | ||
however, no diagnostic tool is 100% effective and
(ii) | ||
instructions for performing breast
self-examination and a | ||
statement that it is
important to perform a breast | ||
self-examination monthly.
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The Department of Public Health shall investigate the | ||
causes of
dangerously contagious or infectious diseases, | ||
especially when existing in
epidemic form, and take means to | ||
restrict and suppress the same, and
whenever such disease | ||
becomes, or threatens to become epidemic, in any
locality and | ||
the local board of health or local authorities neglect or
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refuse to enforce efficient measures for its restriction or | ||
suppression or
to act with sufficient promptness or efficiency, | ||
or whenever the local
board of health or local authorities | ||
neglect or refuse to promptly enforce
efficient measures for | ||
the restriction or suppression of dangerously
contagious or | ||
infectious diseases, the Department of Public Health may
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enforce such measures as it deems necessary to protect the | ||
public health,
and all necessary expenses so incurred shall be | ||
paid by the locality for
which services are rendered.
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(b) Subject to the provisions of subsection (c), the | ||
Department may order
a person or group of persons to be | ||
quarantined or isolated or may order a place to be closed and | ||
made off
limits to the
public to prevent the probable spread of | ||
a dangerously contagious or infectious
disease, including | ||
non-compliant tuberculosis patients, until such time as the
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condition can be corrected or the danger to the public health | ||
eliminated or
reduced in such a manner that no substantial | ||
danger to the public's health any
longer exists. Orders for | ||
isolation of a person or quarantine of a place to prevent the | ||
probable spread of a sexually transmissible disease shall be | ||
governed by the provisions of Section 7 of the Illinois | ||
Sexually Transmissible Disease Control Act and not this | ||
Section.
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(c) Except as provided in this Section, no person or a | ||
group of persons may be ordered to be quarantined or isolated | ||
and no place may
be ordered to
be closed and made off limits to | ||
the public except with the consent of the
person or owner of | ||
the place or
upon the prior order of a court of competent | ||
jurisdiction. The Department may, however, order a person or a | ||
group of persons to be quarantined or isolated or may order a | ||
place to be closed and made off limits to the public on an | ||
immediate basis without prior consent or court order if, in the | ||
reasonable judgment of the Department, immediate action is | ||
required to protect the public from a dangerously contagious or | ||
infectious disease. In the event of an immediate order issued | ||
without prior consent or court order, the Department shall, as | ||
soon as practical, within 48 hours after issuing the order, | ||
obtain the consent of the person or owner or file a petition | ||
requesting a court order authorizing the isolation or | ||
quarantine or closure. When exigent circumstances exist that | ||
cause the court system to be unavailable or that make it | ||
impossible to obtain consent or file a petition within 48 hours | ||
after issuance of an immediate order, the Department must | ||
obtain consent or file a petition requesting a court order as | ||
soon as reasonably possible. To obtain a court order,
the | ||
Department, by clear and convincing evidence, must prove that | ||
the public's
health and
welfare are significantly endangered by | ||
a person or group of persons that has, that is suspected of | ||
having, that has been exposed to, or that is reasonably | ||
believed to have been exposed to a dangerously contagious
or | ||
infectious disease including non-compliant tuberculosis | ||
patients or
by a place where there is a significant amount of | ||
activity likely to spread a
dangerously contagious or | ||
infectious disease. The Department must also prove
that
all | ||
other
reasonable means of correcting the problem have been | ||
exhausted and no less
restrictive alternative exists. For | ||
purposes of this subsection, in determining whether no less | ||
restrictive alternative exists, the court shall consider | ||
evidence showing that, under the circumstances presented by the | ||
case in which an order is sought, quarantine or isolation is | ||
the measure provided for in a rule of the Department or in | ||
guidelines issued by the Centers for Disease Control and | ||
Prevention or the World Health Organization. Persons who are or | ||
are about to be ordered to be isolated or quarantined and | ||
owners of places that are or are about to be closed and made | ||
off limits to the public shall have the right to counsel. If a | ||
person or owner is indigent, the court shall appoint counsel | ||
for that person or owner. Persons who are ordered to be | ||
isolated or quarantined or who are owners of places that are | ||
ordered to be closed and made off limits to the public, shall | ||
be given a written notice of such order. The written notice | ||
shall additionally include the following: (1) notice of the | ||
right to counsel; (2) notice that if the person or owner is | ||
indigent, the court will appoint counsel for that person or | ||
owner; (3) notice of the reason for the order for isolation, | ||
quarantine, or closure; (4) notice of whether the order is an | ||
immediate order, and if so, the time frame for the Department | ||
to seek consent or to file a petition requesting a court order | ||
as set out in this subsection; and (5) notice of the | ||
anticipated duration of the isolation, quarantine, or closure.
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(d) The Department may order physical examinations and | ||
tests and collect laboratory specimens as necessary for the | ||
diagnosis or treatment of individuals in order to prevent the | ||
probable spread of a dangerously contagious or infectious | ||
disease. Physical examinations, tests, or collection of | ||
laboratory specimens must not be such as are reasonably likely | ||
to lead to serious harm to the affected individual. To prevent | ||
the spread of a dangerously contagious or infectious disease, | ||
the Department may, pursuant to the provisions of subsection | ||
(c) of this Section, isolate or quarantine any person whose | ||
refusal of physical examination or testing or collection of | ||
laboratory specimens results in uncertainty regarding whether | ||
he or she has been exposed to or is infected with a dangerously | ||
contagious or infectious disease or otherwise poses a danger to | ||
the public's health. An individual may refuse to consent to a | ||
physical examination, test, or collection of laboratory | ||
specimens. An individual shall be given a written notice that | ||
shall include notice of the following: (i) that the individual | ||
may refuse to consent to physical examination, test, or | ||
collection of laboratory specimens; (ii) that if the individual | ||
consents to physical examination, tests, or collection of | ||
laboratory specimens, the results of that examination, test, or | ||
collection of laboratory specimens may subject the individual | ||
to isolation or quarantine pursuant to the provisions of | ||
subsection (c) of this Section; (iii) that if the individual | ||
refuses to consent to physical examination, tests, or | ||
collection of laboratory specimens and that refusal results in | ||
uncertainty regarding whether he or she has been exposed to or | ||
is infected with a dangerously contagious or infectious disease | ||
or otherwise poses a danger to the public's health, the | ||
individual may be subject to isolation or quarantine pursuant | ||
to the provisions of subsection (c) of this Section; and (iv) | ||
that if the individual refuses to consent to physical | ||
examinations, tests, or collection of laboratory specimens and | ||
becomes subject to isolation and quarantine as provided in this | ||
subsection (d), he or she shall have the right to counsel | ||
pursuant to the provisions of subsection (c) of this Section. | ||
To the extent feasible without endangering the public's health, | ||
the Department shall respect and accommodate the religious | ||
beliefs of individuals in implementing this subsection. | ||
(e) The Department may order the administration of | ||
vaccines, medications, or other treatments to persons as | ||
necessary in order to prevent the probable spread of a | ||
dangerously contagious or infectious disease. A vaccine, | ||
medication, or other treatment to be administered must not be | ||
such as is reasonably likely to lead to serious harm to the | ||
affected individual. To prevent the spread of a dangerously | ||
contagious or infectious disease, the Department may, pursuant | ||
to the provisions of subsection (c) of this Section, isolate or | ||
quarantine persons who are unable or unwilling to receive | ||
vaccines, medications, or other treatments pursuant to this | ||
Section. An individual may refuse to receive vaccines, | ||
medications, or other treatments. An individual shall be given | ||
a written notice that shall include notice of the following: | ||
(i) that the individual may refuse to consent to vaccines, | ||
medications, or other treatments; (ii) that if the individual | ||
refuses to receive vaccines, medications, or other treatments, | ||
the individual may be subject to isolation or quarantine | ||
pursuant to the provisions of subsection (c) of this Section; | ||
and (iii) that if the individual refuses to receive vaccines, | ||
medications, or other treatments and becomes subject to | ||
isolation or quarantine as provided in this subsection (e), he | ||
or she shall have the right to counsel pursuant to the | ||
provisions of subsection (c) of this Section. To the extent | ||
feasible without endangering the public's health, the | ||
Department shall respect and accommodate the religious beliefs | ||
of individuals in implementing this subsection. | ||
(f) The Department may order observation and monitoring of | ||
persons to prevent the probable spread of a dangerously | ||
contagious or infectious disease. To prevent the spread of a | ||
dangerously contagious or infectious disease, the Department | ||
may, pursuant to the provisions of subsection (c) of this | ||
Section, isolate or quarantine persons whose refusal to undergo | ||
observation and monitoring results in uncertainty regarding | ||
whether he or she has been exposed to or is infected with a | ||
dangerously contagious or infectious disease or otherwise | ||
poses a danger to the public's health. An individual may refuse | ||
to undergo observation and monitoring. An individual shall be | ||
given written notice that shall include notice of the | ||
following: (i) that the individual may refuse to undergo | ||
observation and monitoring; (ii) that if the individual | ||
consents to observation and monitoring, the results of that | ||
observation and monitoring may subject the individual to | ||
isolation or quarantine pursuant to the provisions of | ||
subsection (c) of this Section; (iii) that if the individual | ||
refuses to undergo observation and monitoring and that refusal | ||
results in uncertainty regarding whether he or she has been | ||
exposed to or is infected with a dangerously contagious or | ||
infectious disease or otherwise poses a danger to the public's | ||
health, the individual may be subject to isolation or | ||
quarantine pursuant to the provisions of subsection (c) of this | ||
Section; and (iv) that if the individual refuses to undergo | ||
observation and monitoring and becomes subject to isolation or | ||
quarantine as provided in this subsection (f), he or she shall | ||
have the right to counsel pursuant to the provisions of | ||
subsection (c) of this Section. | ||
(g) To prevent the spread of a dangerously contagious or | ||
infectious disease among humans, the Department may examine, | ||
test, disinfect, seize, or destroy animals or other related | ||
property believed to be sources of infection. An owner of such | ||
animal or other related property shall be given written notice | ||
regarding such examination, testing, disinfection, seizure, or | ||
destruction. When the Department determines that any animal or | ||
related property is infected with or has been exposed to a | ||
dangerously contagious or infectious disease, it may agree with | ||
the owner upon the value of the animal or of any related | ||
property that it may be found necessary to destroy, and in case | ||
such an agreement cannot be made, the animals or related | ||
property shall be appraised by 3 competent and disinterested | ||
appraisers, one to be selected by the Department, one by the | ||
claimant, and one by the 2 appraisers thus selected. The | ||
appraisers shall subscribe to an oath made in writing to fairly | ||
value the animals or related property in accordance with the | ||
requirements of this Act. The oath, together with the valuation | ||
fixed by the appraisers, shall be filed with the Department and | ||
preserved by it. Upon the appraisal being made, the owner or | ||
the Department shall immediately destroy the animals by "humane | ||
euthanasia" as that term is defined in Section 2.09 of the | ||
Humane Care for Animals Act. Dogs and cats, however, shall be | ||
euthanized pursuant to the provisions of the Humane Euthanasia | ||
in Animal Shelters Act. The owner or the Department shall | ||
additionally, dispose of the carcasses, and disinfect, change, | ||
or destroy the premises occupied by the animals, in accordance | ||
with rules prescribed by the Department governing such | ||
destruction and disinfection. Upon his or her failure so to do | ||
or to cooperate with the Department, the Department shall cause | ||
the animals or related property to be destroyed and disposed of | ||
in the same manner, and thereupon the owner shall forfeit all | ||
right to receive any compensation for the destruction of the | ||
animals or related property. All final administrative | ||
decisions of the Department hereunder shall be subject to | ||
judicial review pursuant to the provisions of the | ||
Administrative Review Law, and all amendments and | ||
modifications thereof, and the rules adopted pursuant thereto. | ||
The term "administrative decision" is defined as in Section | ||
3-101 of the Code of Civil Procedure.
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(h) To prevent the spread of a dangerously contagious or | ||
infectious disease, the Department, local boards of health, and | ||
local public health authorities shall have emergency access to | ||
medical or health information or records or data upon the | ||
condition that the Department, local boards of health, and | ||
local public health authorities shall protect the privacy and | ||
confidentiality of any medical or health information or records | ||
or data obtained pursuant to this Section in accordance with | ||
federal and State law. Additionally, any such medical or health | ||
information or records or data shall be exempt from inspection | ||
and copying under the Freedom of Information Act. Other than a | ||
hearing for the purpose of this Act, any information, records, | ||
reports, statements, notes, memoranda, or other data in the | ||
possession of the Department, local boards of health, or local | ||
public health authorities shall not be admissible as evidence, | ||
nor discoverable in any action of any kind in any court or | ||
before any tribunal, board, agency, or person. The access to or | ||
disclosure of any of this information or data by the | ||
Department, a local board of health, or a local public | ||
authority shall not waive or have any effect upon its | ||
non-discoverability or non-admissibility. Any person, | ||
facility, institution, or agency that provides emergency | ||
access to health information and data under this subsection | ||
shall have immunity from any civil or criminal liability, or | ||
any other type of liability that might otherwise result by | ||
reason of these actions except in the event of willful and | ||
wanton misconduct. The privileged quality of communication | ||
between any professional person or any facility shall not | ||
constitute grounds for failure to provide emergency access. | ||
Nothing in this subsection shall prohibit the sharing of | ||
information as authorized in Section 2.1 of this Act. The | ||
disclosure of any of this information, records, reports, | ||
statements, notes, memoranda, or other data obtained in any | ||
activity under this Act, except that necessary for the purposes | ||
of this Act, is unlawful, and any person convicted of violating | ||
this provision is guilty of a Class A misdemeanor.
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(i) (A) The Department, in order to prevent and control | ||
disease, injury, or disability among citizens of the State | ||
of Illinois, may develop and implement, in consultation | ||
with local public health authorities, a Statewide system | ||
for syndromic data collection through the access to | ||
interoperable networks, information exchanges, and | ||
databases. The Department may also develop a system for the | ||
reporting of comprehensive, integrated data to identify | ||
and address unusual occurrences of disease symptoms and | ||
other medical complexes affecting the public's health. | ||
(B) The Department may enter into contracts or | ||
agreements with individuals, corporations, hospitals, | ||
universities, not-for-profit corporations, governmental | ||
entities, or other organizations, whereby those | ||
individuals or entities agree to provide assistance in the | ||
compilation of the syndromic data collection and reporting | ||
system.
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(C) The Department shall not release any syndromic data | ||
or information obtained pursuant to this subsection to any | ||
individuals or entities for purposes other than the | ||
protection of the public health. All access to data by the | ||
Department, reports made to the Department, the identity of | ||
or facts that would tend to lead to the identity of the | ||
individual who is the subject of the report, and the | ||
identity of or facts that would tend to lead to the | ||
identity of the author of the report shall be strictly | ||
confidential, are not subject to inspection or | ||
dissemination, and shall be used only for public health | ||
purposes by the Department, local public health | ||
authorities, or the Centers for Disease Control and | ||
Prevention. Entities or individuals submitting reports or | ||
providing access to the Department shall not be held liable | ||
for the release of information or confidential data to the | ||
Department in accordance with this subsection.
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(D) Nothing in this subsection prohibits the sharing of | ||
information as authorized in Section 2.1 of this Act.
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(j) This Section shall be considered supplemental to the | ||
existing
authority and powers of the Department and shall not | ||
be construed to
restrain or restrict the Department in | ||
protecting the public health under any
other provisions of the | ||
law.
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(k) Any person who knowingly or maliciously disseminates | ||
any false
information or report concerning the existence of any | ||
dangerously contagious or
infectious disease in connection | ||
with the Department's power of quarantine,
isolation and | ||
closure or refuses to comply with a quarantine, isolation or
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closure order is guilty
of a Class A misdemeanor.
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(l) The Department of Public Health may establish and | ||
maintain a
chemical
and bacteriologic laboratory for the | ||
examination of water and wastes, and
for the diagnosis of | ||
diphtheria, typhoid fever, tuberculosis, malarial
fever and | ||
such other diseases as it deems necessary for the protection of
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the public health.
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As used in this Act, "locality" means any governmental | ||
agency which
exercises power pertaining to public health in an | ||
area less than the State.
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The terms "sanitary investigations and inspections" and | ||
"sanitary
practices" as used in this Act shall not include or | ||
apply to "Public Water
Supplies" or "Sewage Works" as defined | ||
in the Environmental Protection Act. The Department may adopt | ||
rules that are reasonable and necessary to implement and | ||
effectuate this amendatory Act of the 93rd General Assembly.
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(m) The public health measures set forth in subsections (a) | ||
through (h) of this Section may be used by the Department to | ||
respond to chemical, radiological, or nuclear agents or events. | ||
The individual provisions of subsections (a) through (h) of | ||
this Section apply to any order issued by the Department under | ||
this Section. The provisions of subsection (k) apply to | ||
chemical, radiological, or nuclear agents or events. Prior to | ||
the Department issuing an order for public health measures set | ||
forth in this Act for chemical, radiological, or nuclear agents | ||
or events as authorized in subsection (m), the Department and | ||
the Illinois Emergency Management Agency shall consult in | ||
accordance with the Illinois emergency response framework. | ||
When responding to chemical, radiological, or nuclear agents or | ||
events, the Department shall determine the health related risks | ||
and appropriate public health response measures and provide | ||
recommendations for response to the Illinois Emergency | ||
Management Agency. Nothing in this Section shall supersede the | ||
current National Incident Management System and the Illinois | ||
Emergency Operation Plan or response plans and procedures | ||
established pursuant to IEMA statutes. | ||
(Source: P.A. 93-829, eff. 7-28-04.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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