Bill Text: IL HB2010 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Department of Public Health Act. Makes a technical change in a Section concerning the powers of the Department.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-04-23 - Rule 19(a) / Re-referred to Rules Committee [HB2010 Detail]

Download: Illinois-2021-HB2010-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB2010 Introduced , by Rep. Jim Durkin SYNOPSIS AS INTRODUCED:
20 ILCS 2305/2 from Ch. 111 1/2, par. 22
Amends the Department of Public Health Act. Makes a technical change in a Section concerning the powers of the Department.
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A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Public Health Act is amended
by changing Section 2 as follows:
(20 ILCS 2305/2) (from Ch. 111 1/2, par. 22)
Sec. 2. Powers.
(a) The 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
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:
(1) Transportation of the remains of deceased persons.
(2) Sanitary practices relating to drinking water made
accessible to the public for human consumption or for
lavatory or culinary purposes.
(3) Sanitary practices relating to rest room

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facilities made accessible to the public or to persons
handling food served to the public.
(4) Sanitary practices relating to disposal of human
wastes in or from all buildings and places where people
live, work or assemble.
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 precluded by law from exercising any discretion.
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.
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). The information provided by the Department of

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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.
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
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 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.
(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

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a dangerously contagious or infectious disease, including
non-compliant tuberculosis patients, until such time as the
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.
(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

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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

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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.
(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

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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

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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

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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

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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

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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.
(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

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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

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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.
(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.
(D) Nothing in this subsection prohibits the sharing
of information as authorized in Section 2.1 of this Act.
(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.
(k) Any person who knowingly or maliciously disseminates
any false information or report concerning the existence of

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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
closure order is guilty of a Class A misdemeanor.
(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 the public health.
As used in this Act, "locality" means any governmental
agency which exercises power pertaining to public health in an
area less than the State.
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.
(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

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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. 96-698, eff. 8-25-09.)