Public Act 097-0734
 
SB0174 EnrolledLRB097 04016 JDS 44055 b



    AN ACT concerning government.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
    Section 5. The Civil Administrative Code of Illinois is 
amended  by changing Section 5-565 as follows:
 



    (20 ILCS 5/5-565)  (was 20 ILCS 5/6.06)


    Sec. 5-565. In the Department of Public Health. 

    (a) The General Assembly declares it to be the public 
policy of this
State that all citizens of Illinois are entitled 
to lead healthy lives.
Governmental public health has a 
specific responsibility to ensure that a
public health system 
is in place to allow the public health mission to be achieved. 
The public health system is the collection of public, private, 
and voluntary entities as well as individuals and informal 
associations that contribute to the public's health within the 
State.  To
develop a public health system requires certain core 
functions to be performed by
government.  The State Board of 
Health is to assume the leadership role in
advising the 
Director in meeting the following functions:


        (1) Needs assessment.


        (2) Statewide health objectives.


        (3) Policy development.


        (4) Assurance of access to necessary services.

    There shall be a State Board of Health composed of 19 
persons,
all of
whom shall be appointed by the Governor, with 
the advice and consent of the
Senate for those appointed by the 
Governor on and after June 30, 1998,
and one of whom shall be a

senior citizen age 60 or over. Five members shall be physicians 
licensed
to practice medicine in all its branches, one 
representing a medical school
faculty, one who is board 
certified in preventive medicine, and one  who  is

engaged in 
private practice. One member shall be a chiropractic physician.  
One member shall be a dentist; one an
environmental health 
practitioner; one a local public health administrator;
one a 
local board of health member; one a registered nurse; one a 
physical therapist; one a
veterinarian; one a public health 
academician; one a health care industry
representative; one a 
representative of the business community; one a representative 
of the non-profit public interest community; and 2  shall be 
citizens at large.

    The terms of Board of Health members shall be 3 years, 
except that members shall continue to serve on the Board of 
Health until a replacement is appointed.  Upon the effective 
date of this amendatory Act of the 93rd General Assembly, in 
the appointment of the Board of Health members appointed to 
vacancies or positions with terms expiring on or before 
December 31, 2004, the Governor shall appoint up to 6 members 
to serve for terms of 3 years; up to 6 members to serve for 
terms of 2 years; and up to 5 members to serve for a term of one 
year, so that the term of no more than 6 members expire in the 
same year.

All members shall
be legal residents of the State of 
Illinois.  The duties of the Board shall
include, but not be 
limited to, the following:


        (1) To advise the Department of ways to encourage 
    public understanding
and support of the Department's 
    programs.


        (2) To evaluate all boards, councils, committees, 
    authorities, and
bodies
advisory to, or an adjunct of, the 
    Department of Public Health or its
Director for the purpose 
    of recommending to the Director one or
more of the 
    following:


            (i) The elimination of bodies whose activities
are 
        not consistent with goals and objectives of the 
        Department.


            (ii) The consolidation of bodies whose activities 
        encompass
compatible programmatic subjects.


            (iii) The restructuring of the relationship 
        between the various
bodies and their integration 
        within the organizational structure of the
Department.


            (iv) The establishment of new bodies deemed 
        essential to the
functioning of the Department.


        (3) To serve as an advisory group to the Director for

    public health emergencies and
control of health hazards. 


        (4) To advise the Director regarding public health 
    policy,
and to make health policy recommendations 
    regarding priorities to the
Governor through the Director.


        (5) To present public health issues to the Director and 
    to make
recommendations for the resolution of those issues.


        (6) To recommend studies to delineate public health 
    problems.


        (7) To make recommendations to the Governor through the 
    Director
regarding the coordination of State public health 
    activities with other
State and local public health 
    agencies and organizations.


        (8) To report on or before February 1 of each year on 
    the health of the
residents of Illinois to the Governor, 
    the General Assembly, and the
public.


        (9) To review the final draft of all proposed 
    administrative rules,
other than emergency or preemptory 
    rules and those rules that another
advisory body must 
    approve or review within a statutorily defined time
period, 
    of the Department after September 19, 1991 (the effective 
    date of
Public Act
87-633).  The Board shall review the 
    proposed rules within 90
days of
submission by the 
    Department.  The Department shall take into consideration

    any comments and recommendations of the Board regarding the 
    proposed rules
prior to submission to the Secretary of 
    State for initial publication.  If
the Department disagrees 
    with the recommendations of the Board, it shall
submit a 
    written response outlining the reasons for not accepting 
    the
recommendations. 


        In the case of proposed administrative rules or 
    amendments to
administrative
rules regarding immunization 
    of children against preventable communicable
diseases 
    designated by the Director under the Communicable Disease 
    Prevention
Act, after the Immunization Advisory Committee 
    has made its
recommendations, the Board shall conduct 3 
    public hearings, geographically
distributed
throughout the 
    State. At the conclusion of the hearings, the State Board 
    of
Health shall issue a report, including its 
    recommendations, to the Director.
The Director shall take 
    into consideration any comments or recommendations made
by 
    the Board based on these hearings.


        (10)  To deliver to the Governor for presentation to the 
    General Assembly a State Health Improvement Plan.  The first 
    3 and second such plans shall be delivered to the Governor 
    on January 1, 2006, and on January 1, 2009, and January 1, 
    2016 respectively, and then every 5 4 years thereafter.
        The Plan shall recommend priorities and strategies to 
    improve the public health system and the health status of 
    Illinois residents, taking into consideration national 
    health objectives and system standards as frameworks for 
    assessment.
        The Plan shall also take into consideration priorities 
    and strategies developed at the community level through the 
    Illinois Project for Local Assessment of Needs (IPLAN) and 
    any regional health improvement plans that may be 
    developed.
The Plan shall focus on prevention as a key 
    strategy for long-term health improvement in Illinois.
        The Plan shall examine and make recommendations on the 
    contributions and strategies of the public and private 
    sectors for improving health status and the public health 
    system in the State.  In addition to recommendations on 
    health status improvement priorities and strategies for 
    the population of the State as a whole, the Plan shall make 
    recommendations regarding priorities and strategies for 
    reducing and eliminating health disparities in Illinois; 
    including racial, ethnic, gender, age, socio-economic and 
    geographic disparities.
        The Director of the Illinois Department of Public 
    Health shall appoint a Planning Team that includes a range 
    of public, private, and voluntary sector stakeholders and 
    participants in the public health system.  This Team shall 
    include:  the directors of State agencies with public health 
    responsibilities (or their designees), including but not 
    limited to the Illinois Departments of Public Health and 
    Department of Human Services, representatives of local 
    health departments, representatives of local community 
    health partnerships, and individuals with expertise who 
    represent an array of organizations and constituencies 
    engaged in public health improvement and prevention.
        The State Board of Health shall hold at least 3 public 
    hearings addressing drafts of the Plan in representative 
    geographic areas of the State.
Members of the Planning Team 
    shall receive no compensation for their services, but may 
    be reimbursed for their necessary expenses.

        Upon the delivery of each State Health Improvement 
    Plan, the Governor shall appoint a SHIP Implementation 
    Coordination Council that includes a range of public, 
    private, and voluntary sector stakeholders and 
    participants in the public health system.  The Council shall 
    include the directors of State agencies and entities with 
    public health system responsibilities (or their 
    designees), including but not limited to the Department of 
    Public Health, Department of Human Services, Department of 
    Healthcare and Family Services, Environmental Protection 
    Agency, Illinois State Board of Education, Department on 
    Aging, Illinois Violence Prevention Authority, Department 
    of Agriculture, Department of Insurance, Department of 
    Financial and Professional Regulation, Department of 
    Transportation, and Department of Commerce and Economic 
    Opportunity and the Chair of the State Board of Health.  The 
    Council shall include representatives of local health 
    departments and individuals with expertise who represent 
    an array of organizations and constituencies engaged in 
    public health improvement and prevention, including 
    non-profit public interest groups, health issue groups, 
    faith community groups, health care providers, businesses 
    and employers, academic institutions, and community-based 
    organizations.  The Governor shall endeavor to make the 
    membership of the Council representative of the racial, 
    ethnic, gender, socio-economic, and geographic diversity 
    of the State.  The Governor shall designate one State agency 
    representative and one other non-governmental member as 
    co-chairs of the Council. The Governor shall designate a 
    member of the Governor's office to serve as liaison to the 
    Council and one or more State agencies to provide or 
    arrange for support to the Council.  The members of the SHIP 
    Implementation Coordination Council for each State Health 
    Improvement Plan shall serve until the delivery of the 
    subsequent State Health Improvement Plan, whereupon a new 
    Council shall be appointed.  Members of the SHIP Planning 
    Team may serve on the SHIP Implementation Coordination 
    Council if so appointed by the Governor.
        The SHIP Implementation Coordination Council shall 
    coordinate the efforts and engagement of the public, 
    private, and voluntary sector stakeholders and 
    participants in the public health system to implement each 
    SHIP.  The Council shall serve as a forum for collaborative 
    action; coordinate existing and new initiatives; develop 
    detailed implementation steps, with mechanisms for action; 
    implement specific projects; identify public and private 
    funding sources at the local, State and federal level; 
    promote public awareness of the SHIP; advocate for the 
    implementation of the SHIP; and develop an annual report to 
    the Governor, General Assembly, and public regarding the 
    status of implementation of the SHIP.  The Council shall 
    not, however, have the authority to direct any public or 
    private entity to take specific action to implement the 
    SHIP. 

        (11) Upon the request of the Governor, to recommend to 
    the Governor
candidates for Director of Public Health when 
    vacancies occur in the position.


        (12) To adopt bylaws for the conduct of its own 
    business, including the
authority to establish ad hoc 
    committees to address specific public health
programs 
    requiring resolution.
 
        (13) To review and comment upon the Comprehensive 
    Health Plan submitted by the Center for Comprehensive 
    Health Planning as provided under Section 2310-217 of the 
    Department of Public Health Powers and Duties Law of the 
    Civil Administrative Code of Illinois.
    Upon appointment, the Board shall elect a chairperson from 
among its
members.

    Members of the Board shall receive compensation for their 
services at the
rate of $150 per day, not to exceed $10,000 per 
year, as designated by the
Director for each day required for 
transacting the business of the Board
and shall be reimbursed 
for necessary expenses incurred in the performance
of their 
duties. The Board shall meet from time to time at the call of 
the
Department, at the call of the chairperson, or upon the 
request of 3 of its
members, but shall not meet less than 4 
times per year.

    (b) (Blank).

    (c) An Advisory Board on Necropsy Service to Coroners, 
which shall
counsel and advise with the Director on the 
administration of the Autopsy
Act. The Advisory Board shall 
consist of 11 members, including
a senior citizen age 60 or 
over, appointed by the Governor, one of
whom shall be 
designated as chairman by a majority of the members of the

Board. In the appointment of the first Board the Governor shall 
appoint 3
members to serve for terms of 1 year, 3 for terms of 2 
years, and 3 for
terms of 3 years. The members first appointed 
under Public Act 83-1538 shall serve for a term of 3 years.  All 
members appointed thereafter
shall be appointed for terms of 3 
years, except that when an
appointment is made
to fill a 
vacancy, the appointment shall be for the remaining
term of the 
position vacant. The members of the Board shall be citizens of

the State of Illinois. In the appointment of members of the 
Advisory Board
the Governor shall appoint 3 members who shall 
be persons licensed to
practice medicine and surgery in the 
State of Illinois, at least 2 of whom
shall have received 
post-graduate training in the field of pathology; 3
members who 
are duly elected coroners in this State; and 5 members who

shall have interest and abilities in the field of forensic 
medicine but who
shall be neither persons licensed to practice 
any branch of medicine in
this State nor coroners. In the 
appointment of medical and coroner members
of the Board, the 
Governor shall invite nominations from recognized medical
and 
coroners organizations in this State respectively. Board 
members, while
serving on business of the Board, shall receive 
actual necessary travel and
subsistence expenses while so 
serving away from their places of residence.

(Source: P.A. 96-31, eff. 6-30-09; 96-455, eff. 8-14-09; 
96-1000, eff. 7-2-10; 96-1153, eff. 7-21-10.)