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90_HB1699ccr002
LRB9001382MWpcccr4
1 90TH GENERAL ASSEMBLY
2 SECOND CONFERENCE COMMITTEE REPORT
3 ON HOUSE BILL 1699
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the second conference committee appointed to consider
9 the differences between the houses in relation to Senate
10 Amendment No. 2 to House Bill 1699, recommend the following:
11 (1) that the Senate recede from Senate Amendment No. 2;
12 and
13 (2) that House Bill 1699 be amended as follows:
14 by replacing the title with the following:
15 "AN ACT concerning public health."; and
16 by replacing everything after the enacting clause with the
17 following:
18 Section 5. The Civil Administrative Code of Illinois is
19 amended by changing Section 6.06 as follows:
20 (20 ILCS 5/6.06) (from Ch. 127, par. 6.06)
21 Sec. 6.06. In the Department of Public Health.
22 (a) The General Assembly declares it to be the public
23 policy of this State that all citizens of Illinois are
24 entitled to lead healthy lives. Governmental public health
25 has a specific responsibility to ensure that a system is in
26 place to allow the public health mission to be achieved. To
27 develop a system requires certain core functions to be
28 performed by government. The State Board of Health is to
29 assume the leadership role in advising the Director in
30 meeting the following functions:
31 (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
35 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.
35 (8) To report on or before February 1 of each year
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1 on the health of the residents of Illinois to the
2 Governor, the General Assembly and the public.
3 (9) To review the final draft of all proposed
4 administrative rules, other than emergency or preemptory
5 rules and those rules that another advisory body must
6 approve or review within a statutorily defined time
7 period, of the Department after the effective date of
8 this amendatory Act of 1991. The Board shall review the
9 proposed rules within 90 days of submission by the
10 Department. The Department shall take into consideration
11 any comments and recommendations of the Board regarding
12 the proposed rules prior to submission to the Secretary
13 of State for initial publication. If the Department
14 disagrees with the recommendations of the Board, it shall
15 submit a written response outlining the reasons for not
16 accepting the recommendations.
17 In the case of proposed administrative rules or
18 amendments to administrative rules regarding immunization
19 of children against preventable communicable diseases
20 designated by the Director under the Communicable Disease
21 Prevention Act, after the Immunization Advisory Committee
22 has made its recommendations, the Board shall conduct 3
23 public hearings, geographically distributed throughout
24 the State. At the conclusion of the hearings, the State
25 Board 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
35 the State Health Department, and to make recommendations
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1 to the Governor through the Director regarding
2 legislation and funding necessary to implement the
3 objectives.
4 (11) Upon the request of the Governor, to recommend
5 to the Governor candidates for Director of Public Health
6 when vacancies occur in the position.
7 (12) To adopt bylaws for the conduct of its own
8 business, including the authority to establish ad hoc
9 committees to address specific public health programs
10 requiring resolution.
11 Upon appointment, the Board shall elect a chairperson
12 from among its members.
13 Members of the Board shall receive compensation for their
14 services at the rate of $150 per day, not to exceed $10,000
15 per year, as designated by the Director for each day required
16 for transacting the business of the Board, and shall be
17 reimbursed for necessary expenses incurred in the performance
18 of their duties. The Board shall meet from time to time at
19 the call of the Department, at the call of the chairperson,
20 or upon the request of 3 of its members, but shall not meet
21 less than 4 times per year.
22 (b) An Advisory Board of Cancer Control which shall
23 consist of 9 members, one of whom shall be a senior citizen
24 age 60 or over, appointed by the Governor, one of whom shall
25 be designated as chairman by a majority of the members of the
26 Board. No less than 4 members shall be recognized authorities
27 in cancer control, and at least 4 members shall be physicians
28 licensed to practice medicine in all of its branches in the
29 State of Illinois. In the appointment of the first board the
30 Governor shall appoint 2 members to serve for terms of 1
31 year, 2 for terms of 2 years, and 3 for terms of 3 years. The
32 members first appointed under this amendatory Act of 1984
33 shall serve for a term of 3 years. All members appointed,
34 thereafter shall be appointed for terms of 3 years, except
35 where an appointment is made to fill a vacancy, in which case
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1 the appointment shall be for the remaining term of the
2 position vacant. The members of the Board shall be citizens
3 of the State of Illinois. In the appointment of the Advisory
4 Board the Governor shall invite nominations from recognized
5 medical organizations of this State. The Board is authorized
6 to receive voluntary contributions from any source, and to
7 expend the same for the purpose of cancer control as
8 authorized by this Act, and the laws of this State.
9 (c) An Advisory Board on Necropsy Service to Coroners,
10 which shall counsel and advise with the Director on the
11 administration of the Autopsy Act. The Advisory Board shall
12 consist of 11 members, including a senior citizen age 60 or
13 over, appointed by the Governor, one of whom shall be
14 designated as chairman by a majority of the members of the
15 Board. In the appointment of the first Board the Governor
16 shall appoint 3 members to serve for terms of 1 year, 3 for
17 terms of 2 years, and 3 for terms of 3 years. The members
18 first appointed under this amendatory Act of 1984 shall serve
19 for a term of 3 years. All members appointed thereafter
20 shall be appointed for terms of 3 years except where an
21 appointment is made to fill a vacancy, in which case the
22 appointment shall be for the remaining term of the position
23 vacant. The members of the Board shall be citizens of the
24 State of Illinois. In the appointment of members of the
25 Advisory Board the Governor shall appoint 3 members who shall
26 be persons licensed to practice medicine and surgery in the
27 State of Illinois, at least 2 of whom shall have received
28 post-graduate training in the field of pathology; 3 members
29 who are duly elected coroners in this State; and 5 members
30 who shall have interest and abilities in the field of
31 forensic medicine but who shall be neither persons licensed
32 to practice any branch of medicine in this State nor
33 coroners. In the appointment of medical and coroner members
34 of the Board, the Governor shall invite nominations from
35 recognized medical and coroners organizations in this State
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1 respectively. Board members, while serving on business of the
2 Board, shall receive actual necessary travel and subsistence
3 expenses while so serving away from their places of
4 residence.
5 (Source: P.A. 86-436; 87-633.)
6 Section 10. The Department of Public Health Act is
7 amended by adding Section 8.4 as follows:
8 (20 ILCS 2305/8.4 new)
9 Sec. 8.4. Immunization Advisory Committee. The Director
10 of Public Health shall appoint an Immunization Advisory
11 Committee to advise the Director on immunization issues. The
12 Director shall take into consideration any comments or
13 recommendations made by the Advisory Committee. The
14 Immunization Advisory Committee shall be composed of the
15 following members with knowledge of immunization issues: a
16 pediatrician, a physician licensed to practice medicine in
17 all its branches, a family physician, an infectious disease
18 specialist from a university based center, 2 representatives
19 of a local health department, a registered nurse, a school
20 nurse, a public health provider, a public health officer or
21 administrator, a representative of a children's hospital, 2
22 representatives of immunization advocacy organizations, a
23 representative from the State Board of Education, and any
24 other individuals or organization representatives designated
25 by the Director. The Director shall designate one of the
26 Advisory Committee members to serve as the Chairperson of the
27 Advisory Committee.
28 Section 15. The Communicable Disease Prevention Act is
29 amended by changing Section 2 as follows:
30 (410 ILCS 315/2) (from Ch. 111 1/2, par. 22.12)
31 Sec. 2. The Department of Public Health shall promulgate
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1 rules and regulations requiring immunization of children
2 against preventable communicable diseases designated by the
3 Director. Before any regulation or amendment thereto is
4 prescribed, the Department shall conduct a public hearing
5 regarding such regulation. In addition, before any regulation
6 or any amendment to a regulation is adopted, and after the
7 Immunization Advisory Committee has made its recommendations,
8 the State Board of Health shall conduct 3 public hearings,
9 geographically distributed throughout the State, regarding
10 the regulation or amendment to the regulation. At the
11 conclusion of the hearings, the State Board of Health shall
12 issue a report, including its recommendations, to the
13 Director. The Director shall take into consideration any
14 comments or recommendations made by the Board based on these
15 hearings. The Department may prescribe additional rules and
16 regulations for immunization of other diseases as vaccines
17 are developed.
18 The provisions of this Act shall not apply if:
19 1. The parent or guardian of the child objects thereto
20 on the grounds that the administration of immunizing agents
21 conflicts with his religious tenets or practices or,
22 2. A physician employed by the parent or guardian to
23 provide care and treatment to the child states that the
24 physical condition of the child is such that the
25 administration of one or more of the required immunizing
26 agents would be detrimental to the health of the child.
27 (Source: P.A. 85-828.)
28 Section 20. The Illinois Health and Hazardous Substances
29 Registry Act is amended by changing Sections 2, 4, and 12 as
30 follows:
31 (410 ILCS 525/2) (from Ch. 111 1/2, par. 6702)
32 Sec. 2. (a) The General Assembly finds that:
33 (i) The dangers of hazardous substances pose a serious
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1 threat to the public health and welfare of the citizens of
2 Illinois;
3 (ii) there exists no unified effort to collect and
4 analyze information on hazardous substances and their
5 potential health effects;
6 (iii) the lack of comprehensive information has caused
7 concern on the part of Illinois citizens and a lack of
8 effective control by the State government;
9 (iv) it is the obligation of the State government to
10 inform and protect the citizens of Illinois by developing a
11 comprehensive and integrated data system on hazardous
12 substances and public health.
13 (b) It is the purpose of this Act to establish a unified
14 Statewide project to collect, compile and correlate
15 information on public health and hazardous substances. Such
16 information is to be used to assist in the determination of
17 public policy and to provide a source of information for the
18 public, except when public disclosure of the information
19 would violate the provisions of subsection (d) of Section 4
20 concerning confidentiality.
21 (c) In particular, the purpose of the collection of
22 cancer incidence information is to:
23 (1) monitor incidence trends of cancer to detect
24 potential public health problems, predict risks and assist in
25 investigating cancer clusters;
26 (2) more accurately target intervention resources for
27 communities and patients and their families;
28 (3) inform health professionals and citizens about
29 risks, early detection and treatment of cancers known to be
30 elevated in their communities; and
31 (4) promote high quality research to provide better
32 information for cancer control and to address public concerns
33 and questions about cancer.
34 (Source: P.A. 85-1218.)
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1 (410 ILCS 525/4) (from Ch. 111 1/2, par. 6704)
2 Sec. 4. (a) There is created the Health and Hazardous
3 Substances Coordinating Council, to be comprised of the
4 following persons ex officio or their designees: Dean of the
5 School of Public Health of the University of Illinois,
6 Director of Natural Resources, Director of Public Health,
7 Director of Labor, Director of Agriculture, Director of the
8 Environmental Protection Agency and the Director of Nuclear
9 Safety.
10 The University of Illinois School of Public Health shall
11 advise the Department in the design, function and utilization
12 of the Registry.
13 (b) To facilitate the collection of cancer incidence
14 information, the Department, in consultation with the
15 Advisory Board of Cancer Control, shall have the authority to
16 require hospitals, laboratories or other facilities to report
17 incidences of cancer and other specified tumorous and
18 precancerous diseases to the Department, and to require the
19 submission of such other information pertaining to or in
20 connection with such reported cases as the Department deems
21 necessary or appropriate for the purposes of this Act. The
22 Department may promulgate rules or regulations specifying the
23 hospitals, laboratories or other facilities which are
24 required to submit information pursuant to this Section, the
25 types of information required to be submitted, methods of
26 submitting such information and any other detail deemed by
27 the Department to be necessary or appropriate for
28 administration of this Act. Nothing in this Act shall be
29 construed to compel any individual to submit to a medical
30 examination or supervision.
31 (c) The Director shall by rule or regulation establish
32 standards or guidelines for ensuring the protection of
33 information made confidential or privileged under law.
34 (d) The identity, or any group of facts that which tends
35 to lead to the identity, of any person whose condition or
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1 treatment is submitted to the Illinois Health and Hazardous
2 Substances Registry is confidential and shall not be open to
3 public inspection or dissemination. Facts that tend to lead
4 to the identity of a person include the following: name,
5 social security number, address, and any other data element
6 that, by itself or in combination with one or more other data
7 elements, tends to identify any person. The identity of any
8 person or persons claimed to be derived from cancer registry
9 data is not admissible in evidence, and no court shall
10 require information to be produced in discovery if it
11 determines that the information tends to lead to the identity
12 of any person. Information for specific research purposes may
13 be released in accordance with procedures established by the
14 Department. Except as provided by rule, and as part of an
15 epidemiologic investigation, an officer or employee of the
16 Department may interview a patient named in a report made
17 under this Act, or relatives of any such patient, only with
18 the express written consent of the patient.
19 (e) Hospitals, laboratories, other facilities or
20 physicians shall not be held liable for the release of
21 information or confidential data to the Department in
22 accordance with this Act. The Department shall protect any
23 information made confidential or privileged under law.
24 (Source: P.A. 89-445, eff. 2-7-96.)
25 (410 ILCS 525/12) (from Ch. 111 1/2, par. 6712)
26 Sec. 12. All information contained in the Registry, as
27 well as all reports issued by the Department, including the
28 annual report, shall be made available to the public upon
29 request; provided, however, nothing in this Act permits
30 public disclosure of any information made confidential or
31 privileged pursuant to this Act or any other statute. The
32 Director may, by rule, establish fees to be charged to
33 persons or organizations other than State agencies for
34 requested summaries or analyses of data which are not
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1 otherwise included in an annual report. The fees shall not
2 be more than the cost to the Department of supplying the
3 requested information.
4 (Source: P.A. 85-1218.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.".
7 Submitted on , 1998.
8 ______________________________ _____________________________
9 Senator Representative Pugh
10 ______________________________ _____________________________
11 Senator Representative Currie
12 ______________________________ _____________________________
13 Senator Representative Hannig
14 ______________________________ _____________________________
15 Senator Representative Churchill
16 ______________________________ _____________________________
17 Senator Representative Jones, John
18 Committee for the Senate Committee for the House